16 U.S.C. § 497b — Ski area permits

(a) Law applicable to permits. Despite the Act of March 4, 1915, this section and other applicable law govern, beginning October 22, 1986, the duration and acreage of permits for ski areas and related facilities on National Forest System land. (b) Authority. The Secretary of Agriculture, called “the Secretary” here, may issue permits, called “ski area permits,” for suitable National Forest System land to be used for skiing, other snow sports, and recreation authorized by this section. A ski area permit— (1) may last no more than 40 years; (2) ordinarily must last 40 years unless the Secretary finds that the facilities or operations are unlikely to need long-term financing or operation, or that specific public-policy reasons justify a shorter term; (3) must cover enough acreage, as the Secretary decides, for the permittee’s ski operations and proper related facilities; (4) may be renewed at the Secretary’s discretion; (5) may be canceled in whole or part for violating its terms, failing to pay fees, or because the Secretary decides in planning national-forest uses that the area is needed for higher public purposes; (6) may be changed as needed to accommodate plan or operation changes consistent with law; (7) must contain reasonable terms and conditions the Secretary considers appropriate; and (8) must charge a fair-market-value permit fee as required by law. (c) Other recreational uses. (1) Subject to the ski-area permit, the Secretary may authorize the permittee to provide seasonal or year-round recreation based on natural resources, and related facilities, in addition to skiing and other snow sports, on permitted National Forest System land. (2) Each authorized activity or facility must—(A) encourage outdoor recreation and enjoyment of nature; (B) as far as practicable, fit the natural environment and be within developed ski-area portions; (C) follow terms and conditions the Secretary sets; and (D) comply with the applicable land and resource management plan and laws, including regulations. (3) Possible activities and facilities include zip lines, mountain-bike terrain parks and trails, frisbee-golf courses, and ropes courses. (4) Prohibited activities and facilities include tennis courts, water slides and water parks, swimming pools, golf courses, and amusement parks. (5) The Secretary may not authorize an activity or facility if it would make something other than skiing and other snow sports the ski area’s primary recreational purpose. (6) Acreage needed for these additional activities and facilities may not be counted when setting the ski-area boundary under subsection (b)(3). (7) This subsection does not affect an activity or facility authorized by a permit in effect on November 7, 2011, during that permit’s term. (d) Regulations. Within two years after November 7, 2011, the Secretary must issue regulations implementing this section. (e) Construction with Secretary’s duties under other laws. Nothing here amends, changes, or otherwise affects the Secretary’s duties under the National Environmental Policy Act of 1969 or the Forest and Rangeland Renewable Resources Planning Act of 1974, including duties to involve the public in decisions and national-forest planning.