[DOCID: f:hr533p1.111]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
111th Congress Rept. 111-533
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
SKI AREA RECREATIONAL OPPORTUNITY ENHANCEMENT ACT OF 2010
_______
July 13, 2010.--Ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2476]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2476) 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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 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 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
such other seasonal or year-round recreational activities
associated with mountain 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 following:
``(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
seasonal or year-round natural resource-based recreational
activities and associated infrastructure (in addition to skiing
and other snow-sports) as the Secretary determines to be
appropriate.
``(2) Requirements.--Any activity or infrastructure
authorized by the Secretary under paragraph (1) shall--
``(A) encourage outdoor recreation and enjoyment of
nature;
``(B) to the extent practicable, harmonize with the
natural environment of the National Forest System land
on which the activity or infrastructure 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 forest
management plan and all other applicable laws; and
``(E) be subject to such terms and conditions as the
Secretary determines to be appropriate.
``(3) No change in purpose.--
``(A) In general.--The Secretary may not authorize an
activity or infrastructure under paragraph (1) if the
Secretary determines that the authorization of the
activity or infrastructure would result in the primary
recreational purpose of the National Forest System land
that is subject to a ski area permit to be a purpose
other than skiing or any other snow-sport.
``(B) Revenue test.--In applying the primary
recreational purpose requirement, the Secretary may
only authorize an activity or infrastructure under
paragraph (1) to the extent that the skiing and snow-
sport season component of the rental charge under the
ski area permit, as determined under section 701 of
division I of the Omnibus Parks and Public Lands
Management Act 1996 (16 U.S.C. 497c), remains greater
than the portion of the rental charge that would be
generated outside the skiing and snow-sport season.
``(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 activities and facilities.--Nothing
in this subsection affects any activity or facility approved or
permitted by the Secretary on or before the date of enactment
of this subsection.''; and
(5) in subsection (d) (as redesignated by paragraph (3))--
(A) by striking ``Within one year after the date of
enactment of this Act, the'' and inserting ``Not later
than 1 year after the date of enactment of the Ski Area
Recreational Opportunity 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 Agriculture (including
the authority of the Secretary with respect to recreational
activities or infrastructure 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 National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Purpose of the Bill
The purpose of H.R. 2476 is 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.
Background and Need for Legislation
The National Forest Ski Permit Act of 1986 outlines the
terms and conditions under which the U.S. Forest Service may
permit the development of alpine and Nordic ski areas on
National Forest lands. However, the Act does not provide the
Secretary with the discretion to determine if winter sports
beyond skiing or summer outdoor recreational activities should
be allowed on Forest Service lands governed by a ski area
permit.
H.R. 2476 authorizes the Secretary to expand the scope of
ski area permits to allow for additional snow sports and
seasonal activities that may be suitable on National Forest
System lands such as snow boarding, zip lines, and climbing
walls. These activities would only be authorized if they
encouraged outdoor recreation and, to the extent practicable,
harmonized with the natural environment, including blending the
color of any new infrastructure with its surroundings.
H.R. 2476 specifically prohibits the terms of a ski permit
from authorizing recreational uses on Forest Service lands
wherein the primary purpose is not skiing or other snow sports.
Committee Action
H.R. 2476 was introduced on May 19, 2009, by Representative
Diana DeGette (D-CO). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. The bill was also
referred to the Committee on Agriculture. On November 5, 2009,
the Subcommittee on National Parks, Forests, and Public Lands
held a hearing on the bill, during which a representative of
the U.S. Forest Service testified in support of the legislation
and proposed technical amendments.
On December 16, 2009, the Subcommittee was discharged from
further consideration of H.R. 2476 and the full Natural
Resources Committee met to consider the bill. Representative
DeGette offered an amendment in the nature of a substitute to
make technical changes to ensure an appropriate natural
resource-based experience for visitors to the National Forests
while protecting the natural environment. The amendment in the
nature of a substitute was adopted by voice vote. The bill, as
amended, was then ordered favorably reported to the House of
Representatives by voice vote.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this bill may be cited as the ``Ski
Area Recreational Opportunity Enhancement Act of 2009''.
Section 2. Purpose
Section 2 defines the purpose of this Act as amending the
National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) to
allow for snow sports, in addition to nordic and alpine skiing,
to be permitted on National Forest System land. The Secretary
of Agriculture's authority to permit year-round recreational
activities on lands subject to ski area permits is clarified.
Section 3. Ski area permits
Section 3 amends the National Forest Ski Area Permit Act of
1986 (16 U.S.C. 497b) in several ways. First, it strikes
``nordic and alpine ski areas and facilities'' in subsection
(a) and replaces it with ``ski areas and associated
facilities''. Next, it strikes in subsection (b) ``nordic and
alpine skiing operations and purposes'' and inserts ``skiing
and other snow-sports and such other seasonal or year round
recreational activities associated with mountain resorts as the
Secretary may authorize pursuant to subsection (c)''. These
amendments to the Act are intended to clarify the types of
recreational activities allowed on lands subject to ski area
permits.
Section 3 also adds a new subsection ``(c) OTHER
RECREATIONAL USES'' to the National Forest Ski Area Permit Act
of 1986, which outlines the conditions necessary for the
Secretary to authorize seasonal or year-round natural resource-
based recreational activities on lands subject to ski area
permits. There are five subsections to the new subsection (c).
The new subsection (c)(1) gives the Secretary the authority
to authorize year-round natural resource-based activities.
The new subsection (c)(2) requires that year-round
activities shall encourage outdoor recreation and enjoyment of
nature; shall harmonize with the natural environment; shall be
located within the portions of the ski permit area that are
developed to support skiing and other snow sports; shall be
consistent with the forest management plan; and shall be
subject to the terms and conditions the Secretary determines to
be appropriate.
The new subsection (c)(3) states that the Secretary may not
authorize an activity that would change the primary
recreational purpose of the land subject to the ski area permit
to be a purpose other than skiing and snow-sports. The
Secretary may only authorize an activity if the rental charge
revenue under the ski area permit remains greater than the
rental charge generated outside the skiing and snow-sport
season.
The new subsection (c)(4) states that the Secretary shall
not consider the need for activities other than skiing and
other snow sports when determining the boundaries of a ski area
permit.
Lastly, the new subsection (c)(5) allows any activity
approved or permitted before the date of enactment of this
subsection to continue.
Section 4. Effect
Section 4 states that nothing in this Act affects any
authority or duty of the Secretary of Agriculture under any
federal law, including the National Environmental Policy Act of
1969 (42 U.S.C. 4312 et seq.), other than the National Forest
Ski Area Permit Act of 1986 (16 U.S.C. 497b).
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article IV, section 3 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 2476--Ski Area Recreational Opportunity Enhancement Act of 2009
H.R. 2476 would clarify the authority of the Forest Service
to allow ski concessioners to offer additional recreational
services on public lands. Based on information provided by the
agency, CBO estimates that enacting the bill would have no
significant effect on the federal budget. The Forest Service
already has authority to allow its concessioners to provide
off-season and other recreational services at ski resorts.
Clarifying that authority could facilitate the agency's
collection of offsetting receipts from ski concessioners
(currently about $30 million a year), but CBO estimates that
any increase, which would be deposited in the U.S. Treasury,
would total less than $500,000 a year.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 2476 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIONAL FOREST SKI AREA PERMIT ACT OF 1986
* * * * * * *
SEC. 3. SKI AREA PERMITS.
(a) Law Applicable to Permits.--The provisions of the Act of
March 4, 1915 (16 U.S.C. 497) notwithstanding, the term and
acreage of permits for the operation of [nordic and alpine ski
areas and facilities] ski areas and associated facilities on
National Forest System lands shall henceforth be governed by
this Act and other applicable law.
(b) Authority.--The Secretary of Agriculture (hereinafter
referred to as ``the Secretary'') is authorized to issue
permits (hereinafter referred to as ``ski area permits'') for
the use and occupancy of suitable lands within the National
Forest System for [nordic and alpine skiing operations and
purposes] skiing and other snow-sports and such other seasonal
or year-round recreational activities associated with mountain
resorts as the Secretary may authorize pursuant to subsection
(c). A ski area permit--
(1) * * *
* * * * * * *
(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 seasonal or year-round
natural resource-based recreational activities and
associated infrastructure (in addition to skiing and
other snow-sports) as the Secretary determines to be
appropriate.
(2) Requirements.--Any activity or infrastructure
authorized by the Secretary under paragraph (1) shall--
(A) encourage outdoor recreation and
enjoyment of nature;
(B) to the extent practicable, harmonize with
the natural environment of the National Forest
System land on which the activity or
infrastructure 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 forest
management plan and all other applicable laws;
and
(E) be subject to such terms and conditions
as the Secretary determines to be appropriate.
(3) No change in purpose.--
(A) In general.--The Secretary may not
authorize an activity or infrastructure under
paragraph (1) if the Secretary determines that
the authorization of the activity or
infrastructure would result in the primary
recreational purpose of the National Forest
System land that is subject to a ski area
permit to be a purpose other than skiing or any
other snow-sport.
(B) Revenue test.--In applying the primary
recreational purpose requirement, the Secretary
may only authorize an activity or
infrastructure under paragraph (1) to the
extent that the skiing and snow-sport season
component of the rental charge under the ski
area permit, as determined under section 701 of
division I of the Omnibus Parks and Public
Lands Management Act 1996 (16 U.S.C. 497c),
remains greater than the portion of the rental
charge that would be generated outside the
skiing and snow-sport season.
(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 activities and facilities.--
Nothing in this subsection affects any activity or
facility approved or permitted by the Secretary on or
before the date of enactment of this subsection.
[(c)] (d) Rules and Regulations.--[Within one year after the
date of enactment of this Act, the] Not later than 1 year after
the date of enactment of the Ski Area Recreational Opportunity
Enhancement Act of 2010, the Secretary shall promulgate rules
and regulations to implement the provisions of this Act, and
shall, to the extent practicable and with the consent of
existing permit holders, convert all existing ski area permits
or leases on National Forest System lands into ski area permits
which conform to the provisions of this Act [within 3 years of
the date of enactment of this Act].
[(d)] (e) Nothing in this Act shall be deemed to amend,
modify or otherwise affect the Secretary's duties under the
National Environmental Policy Act, or the Forest and Rangelands
Renewable Resources Planning Act as amended by the National
Forest Management Act, including his duties to involve the
public in his decisionmaking and planning for the national
forests.
* * * * * * *
<all>