Ski Area Recreational Opportunity Enhancement Act of 2011
PL 112-46 (H.R.765), enacted 11/07/2011

125 STAT. 538 
PUBLIC LAW 112–46—NOV. 7, 2011 
Public Law 112–46 
112th Congress 
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 is subject to ski area permits, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ski Area Recreational Oppor-
tunity Enhancement Act of 2011’’. 
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 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); and 
(2) to clarify the authority of the Secretary of Agriculture 
to permit appropriate additional seasonal or year-round rec-
reational activities and facilities 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 pur-
poses’’ and inserting ‘‘skiing and other snow sports and rec-
reational 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 following: 
‘‘(c) OTHER RECREATIONAL USES.— 
‘‘(1) AUTHORITY OF SECRETARY.—Subject to the terms of 
a ski area permit issued pursuant to subsection (b), the Sec-
retary may authorize a ski area permittee to provide such 
other seasonal or year-round natural resource-based rec-
reational activities and associated facilities (in addition to 
16 USC 497b 
note. 
16 USC 497b 
note. 
Ski Area 
Recreational 
Opportunity 
Enhancement 
Act of 2011. 
Nov. 7, 2011 
[H.R. 765] 
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125 STAT. 539 
PUBLIC LAW 112–46—NOV. 7, 2011 
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 facility authorized 
by the Secretary under paragraph (1) shall— 
‘‘(A) encourage outdoor recreation and enjoyment of 
nature; 
‘‘(B) to the extent practicable— 
‘‘(i) harmonize with the natural environment of 
the National Forest System land on which the activity 
or facility is located; and 
‘‘(ii) be located within the developed portions of 
the ski area; 
‘‘(C) be subject to such terms and conditions as the 
Secretary determines to be appropriate; and 
‘‘(D) be authorized in accordance with— 
‘‘(i) the applicable land and resource management 
plan; and 
‘‘(ii) applicable laws (including regulations). 
‘‘(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 prohib-
ited under paragraph (1) include— 
‘‘(A) tennis courts; 
‘‘(B) water slides and water parks; 
‘‘(C) swimming pools; 
‘‘(D) golf courses; and 
‘‘(E) amusement parks. 
‘‘(5) LIMITATION.—The Secretary may not authorize any 
activity or facility under paragraph (1) if the Secretary deter-
mines 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 determining the acre-
age encompassed by a ski area permit under subsection (b)(3), 
the Secretary shall not consider the acreage necessary for activi-
ties and facilities authorized under paragraph (1). 
‘‘(7) EFFECT
ON
EXISTING
AUTHORIZED
ACTIVITIES
AND 
FACILITIES.—Nothing in this subsection 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 regula-
tions to implement this section.’’; and 
(6) in subsection (e) (as redesignated by paragraph (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 National Environmental Policy Act of 1969 (42 
Deadline. 
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125 STAT. 540 
PUBLIC LAW 112–46—NOV. 7, 2011 
LEGISLATIVE HISTORY—H.R. 765 (S. 382): 
HOUSE REPORTS: No. 112–164, Pt. 1 (Comm. on Natural Resources). 
SENATE REPORTS: No. 112–55 (Comm. on Energy and Natural Resources) accom-
panying S. 382. 
CONGRESSIONAL RECORD, Vol. 157 (2011): 
Oct. 3, considered and passed House. 
Oct. 18, considered and passed Senate. 
U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)’’. 
SEC. 4. EFFECT. 
Nothing in the amendments made by this Act establishes 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). 
Approved November 7, 2011. 
16 USC 497b 
note. 
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