Ski Area Recreational Opportunity Enhancement Act Of 2011



[112th Congress Public Law 46]
[From the U.S. Government Printing Office]

[[Page 537]]

SKI AREA RECREATIONAL OPPORTUNITY ENHANCEMENT ACT OF 2011

[[Page 125 STAT. 538]]

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. <<NOTE: Nov. 7, 2011 - [H.R.
765]>>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ski Area
Recreational Opportunity Enhancement Act of 2011.>>
SECTION 1. <<NOTE: 16 USC 497b note.>> SHORT TITLE.

This Act may be cited as the ``Ski Area Recreational Opportunity
Enhancement Act of 2011''.
SEC. 2. <<NOTE: 16 USC 497b note.>> 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
recreational 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
purposes'' and inserting ``skiing and 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 following:

``(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 activities and
associated facilities (in addition to

[[Page 125 STAT. 539]]

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
prohibited 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
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 determining the acreage
encompassed by a ski area permit under subsection (b)(3), the
Secretary shall not consider the acreage necessary for
activities 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.-- <<NOTE: Deadline.>> Not later than 2 years
after the date of enactment of this subsection, the Secretary shall
promulgate regulations 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

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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. <<NOTE: 16 USC 497b note.>> 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.

LEGISLATIVE HISTORY--H.R. 765 (S. 382):
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HOUSE REPORTS: No. 112-164, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 112-55 (Comm. on Energy and Natural Resources)
accompanying S. 382.
CONGRESSIONAL RECORD, Vol. 157 (2011):
Oct. 3, considered and passed House.
Oct. 18, considered and passed Senate.

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