II 
Calendar No. 636 
111TH CONGRESS 
2D SESSION 
H. R. 2476 
IN THE SENATE OF THE UNITED STATES 
AUGUST 2, 2010 
Received 
SEPTEMBER 29, 2010 
Read twice and placed on the calendar 
AN ACT 
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 are 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ski Area Recreational 
Opportunity Enhancement Act of 2010’’. 
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 (in addition to 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 to 
permit appropriate additional seasonal or year-round 
recreational activities and facilities on National For-
est System land, subject to ski area permits issued 
by the Secretary 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’’; 
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(2) in subsection (b), in the matter preceding 
paragraph (1), by striking ‘‘nordic and alpine skiing 
operations and purposes’’ and inserting ‘‘skiing and 
other snow-sports and such other seasonal or year- 
round recreational activities associated with moun-
tain resorts as the Secretary may authorize pursuant 
to subsection (c)’’; 
(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 
paragraphs (2) and (3), the Secretary may authorize 
the holder of a ski area permit issued pursuant to 
subsection (b) to provide on National Forest System 
land subject to the ski area permit such other sea-
sonal or year-round natural resource-based rec-
reational activities and associated facilities or im-
provements (in addition to skiing and other snow- 
sports) as the Secretary determines to be appro-
priate. 
‘‘(2) REQUIREMENTS.—Any activity, facility, or 
improvement authorized by the Secretary under 
paragraph (1) shall— 
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‘‘(A) encourage outdoor recreation and en-
joyment of nature; 
‘‘(B) to the extent practicable, harmonize 
with the natural environment of the National 
Forest System land on which the activity, facil-
ity, or improvement is located; 
‘‘(C) to the extent practicable, be located 
within the portions of the ski permit area that 
are developed to support skiing and other snow 
sports; 
‘‘(D) be consistent with the applicable for-
est management plan and all other applicable 
laws; and 
‘‘(E) be subject to such terms and condi-
tions as the Secretary determines to be appro-
priate. 
‘‘(3) NO CHANGE IN PURPOSE.— 
‘‘(A) PURPOSE TEST.—The Secretary may 
not authorize an activity, facility, or improve-
ment under paragraph (1) if the Secretary de-
termines that the authorization of the activity, 
facility, or improvement would result in the pri-
mary recreational purpose of the National For-
est System land subject to the ski area permit 
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to be a purpose other than skiing or any other 
snow-sport. 
‘‘(B) REVENUE
TEST.—To ensure that 
National Forest System lands subject to a ski 
area permit continue to be used predominately 
for skiing and other snow sports, the Secretary 
may authorize an activity, facility, or improve-
ment under paragraph (1) only to the extent 
that the majority of the revenue of the ski area 
is generated by the sale of lift tickets and fees 
for ski and other snow-sport rentals, skiing and 
other snow-sport instruction, ski trail passes for 
the use of trails maintained by the permit hold-
er, and ancillary facilities related to the oper-
ation and support of skiing and other snow- 
sport activities. 
‘‘(4) BOUNDARY CHANGES.—When determining 
the boundary of a ski area permit under subsection 
(b)(3), the Secretary shall not consider the need for 
activities other than skiing and other snow-sports. 
‘‘(5) 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 
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of this subsection during the term of the permit.’’; 
and 
(5) in subsection (d) (as redesignated by para-
graph (3))— 
(A) by striking ‘‘Within one year after the 
date of enactment of this Act, the’’ and insert-
ing ‘‘Not later than 18 months after the date 
of enactment of the Ski Area Recreational Op-
portunity Enhancement Act of 2010, the’’; and 
(B) by striking ‘‘within 3 years of the date 
of enactment of this Act’’. 
SEC. 4. EFFECT. 
Nothing in this Act (including the amendments made 
by this Act) affects— 
(1) any authority of the Secretary of Agri-
culture (including the authority of the Secretary 
with respect to recreational activities or infrastruc-
ture located on National Forest System land) under 
any Federal law (including regulations) other than 
the National Forest Ski Area Permit Act of 1986 
(16 U.S.C. 497b); and 
(2) any duty of the Secretary under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
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SEC. 5. STATUTORY PAY-AS-YOU-GO LANGUAGE. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives July 30 (legis-
lative day July 29), 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
By ROBERT F. REEVES, 
Deputy Clerk. 
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Calendar No. 636 
111TH CONGRESS 
2D SESSION 
H. R. 2476 
AN ACT 
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 are 
subject to ski area permits, and for other pur-
poses. 
SEPTEMBER 29, 2010 
Read twice and placed on the calendar 
VerDate Mar 15 2010 
20:59 Sep 30, 2010
Jkt 089200
PO 00000
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E:\BILLS\H2476.PCS
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