Text: H.R.765 — 112th Congress (2011-2012)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 112-46 (11/07/2011)

 
[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

[[Page 125 STAT. 540]]

        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):
---------------------------------------------------------------------------

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.

                                  <all>