I 
112TH CONGRESS 
1ST SESSION 
H. R. 765 
To amend the National Forest Ski Area Permit Act of 1986 to clarify 
the authority of the Secretary of Agriculture regarding additional rec-
reational uses of National Forest System land that is subject to ski 
area permits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2011 
Mr. BISHOP of Utah (for himself and Ms. DEGETTE) introduced the following 
bill; which was referred to the Committee on Agriculture, and in addition 
to the Committee on Natural Resources, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the National Forest Ski Area Permit Act of 1986 
to clarify the authority of the Secretary of Agriculture 
regarding additional recreational uses of National Forest 
System land that is subject to ski area permits, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ski Area Recreational 
Opportunity Enhancement Act of 2011’’. 
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SEC. 2. PURPOSE. 
The purpose of this Act is to amend the National 
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)— 
(1) to enable snow-sports (other than nordic 
and alpine skiing) to be permitted on National For-
est System land subject to ski area permits issued 
by the Secretary of Agriculture under section 3 of 
the National Forest Ski Area Permit Act of 1986 
(16 U.S.C. 497b); and 
(2) to clarify the authority of the Secretary of 
Agriculture to permit appropriate additional sea-
sonal or year-round recreational activities and facili-
ties on National Forest System land subject to ski 
area permits issued by the Secretary of Agriculture 
under section 3 of the National Forest Ski Area 
Permit Act of 1986 (16 U.S.C. 497b). 
SEC. 3. SKI AREA PERMITS. 
Section 3 of the National Forest Ski Area Permit Act 
of 1986 (16 U.S.C. 497b) is amended— 
(1) in subsection (a), by striking ‘‘nordic and 
alpine ski areas and facilities’’ and inserting ‘‘ski 
areas and associated facilities’’; 
(2) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘nordic and alpine skiing 
operations and purposes’’ and inserting ‘‘skiing and 
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other snow sports and recreational uses authorized 
by this Act’’; 
(3) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) OTHER RECREATIONAL USES.— 
‘‘(1) AUTHORITY OF SECRETARY.—Subject to 
the terms of a ski area permit issued pursuant to 
subsection (b), the Secretary may authorize a ski 
area permittee to provide such other seasonal or 
year-round natural resource-based recreational ac-
tivities and associated facilities (in addition to skiing 
and other snow-sports) on National Forest System 
land subject to a ski area permit as the Secretary 
determines to be appropriate. 
‘‘(2) REQUIREMENTS.—Each activity and facil-
ity authorized by the Secretary under paragraph (1) 
shall— 
‘‘(A) encourage outdoor recreation and en-
joyment of nature; 
‘‘(B) to the extent practicable— 
‘‘(i) harmonize with the natural envi-
ronment of the National Forest System 
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land on which the activity or facility is lo-
cated; and 
‘‘(ii) be located within the developed 
portions of the ski area; 
‘‘(C) be subject to such terms and condi-
tions as the Secretary determines to be appro-
priate; and 
‘‘(D) be authorized in accordance with— 
‘‘(i) the applicable land and resource 
management plan; and 
‘‘(ii) applicable laws (including regula-
tions). 
‘‘(3) INCLUSIONS.—Activities and facilities that 
may, in appropriate circumstances, be authorized 
under paragraph (1) include— 
‘‘(A) zip lines; 
‘‘(B) mountain bike terrain parks and 
trails; 
‘‘(C) frisbee golf courses; and 
‘‘(D) ropes courses. 
‘‘(4) EXCLUSIONS.—Activities and facilities 
that are prohibited under paragraph (1) include— 
‘‘(A) tennis courts; 
‘‘(B) water slides and water parks; 
‘‘(C) swimming pools; 
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‘‘(D) golf courses; and 
‘‘(E) amusement parks. 
‘‘(5) LIMITATION.—The Secretary may not au-
thorize any activity or facility under paragraph (1) 
if the Secretary determines that the authorization of 
the activity or facility would result in the primary 
recreational purpose of the ski area permit to be a 
purpose other than skiing and other snow-sports. 
‘‘(6) BOUNDARY
DETERMINATION.—In deter-
mining the acreage encompassed by a ski area per-
mit under subsection (b)(3), the Secretary shall not 
consider the acreage necessary for activities and fa-
cilities authorized under paragraph (1). 
‘‘(7) EFFECT
ON
EXISTING
AUTHORIZED
AC-
TIVITIES
AND
FACILITIES.—Nothing in this sub-
section affects any activity or facility authorized by 
a ski area permit in effect on the date of enactment 
of this subsection during the term of the permit.’’; 
(5) by striking subsection (d) (as redesignated 
by paragraph (3)), and inserting the following: 
‘‘(d) REGULATIONS.—Not later than 2 years after 
the date of enactment of this subsection, the Secretary 
shall promulgate regulations to implement this section.’’; 
and 
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(6) in subsection (e) (as redesignated by para-
graph (3)), by striking ‘‘the National Environmental 
Policy Act, or the Forest and Rangelands Renewable 
Resources Planning Act as amended by the National 
Forest Management Act’’ and inserting ‘‘the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 
1600 et seq.)’’. 
SEC. 4. EFFECT. 
Nothing in the amendments made by this Act estab-
lishes a legal preference for the holder of a ski area permit 
to provide activities and associated facilities authorized by 
section 3(c) of the National Forest Ski Area Permit Act 
of 1986 (16 U.S.C. 497b(c)) (as amended by section 3). 
Æ 
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