16 U.S.C. § 497b: Ski area 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 ski areas and associated facilities on National Forest System lands shall on and after October 22, 1986 , be governed by this section and other applicable law. may be issued for a term not to exceed 40 years; shall ordinarily be issued for a term of 40 years (unless the Secretary determines that the facilities or operations are of a scale or nature as are not likely to require long-term financing or operation), or that there are public policy reasons specific to a particular permit for a shorter term; shall encompass such acreage as the Secretary determines sufficient and appropriate to accommodate the permittee’s needs for ski operations and appropriate ancillary facilities; may be renewed at the discretion of the Secretary; may be cancelled by the Secretary in whole or in part for any violation of the permit terms or conditions, for nonpayment of permit fees, or upon the determination by the Secretary in his planning for the uses of the national forests that the permitted area is needed for higher public purposes; may be modified from time to time by the Secretary to accommodate changes in plans or operations in accordance with the provisions of applicable law; shall be subject to such reasonable terms and conditions as the Secretary deems appropriate; and shall be subject to a permit fee based on fair market value in accordance with applicable law. 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 skiing and other snow-sports) on National Forest System land subject to a ski area permit as the Secretary determines to be appropriate. encourage outdoor recreation and enjoyment of nature; harmonize with the natural environment of the National Forest System land on which the activity or facility is located; and be located within the developed portions of the ski area; be subject to such terms and conditions as the Secretary determines to be appropriate; and the applicable land and resource management plan; and applicable laws (including regulations). zip lines; mountain bike terrain parks and trails; frisbee golf courses; and ropes courses. tennis courts; water slides and water parks; swimming pools; golf courses; and amusement parks. 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. 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). Nothing in this subsection affects any activity or facility authorized by a ski area permit in effect on November 7, 2011 , during the term of the permit. Not later than 2 years after November 7, 2011 , the Secretary shall promulgate regulations to implement this section. Nothing in this section shall be deemed to amend, modify or otherwise affect the Secretary’s duties under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq.), including his duties to involve the public in his decisionmaking and planning for the national forests. 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 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 ).” provide a unified and modern permitting process for nordic and alpine ski areas on national forest lands; provide for ski area permits which more closely reflect the acreage and other physical requirements of modern ski area development; and provide a permit system which will be more commensurate with the long-term construction, financing, and operation needs of ski areas on national forest lands.”