‘(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 facilities or improvements (in addition to skiing and other snow-sports) as the Secretary determines to be appropriate.
‘(2) REQUIREMENTS- Any activity, facility, or improvement 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, facility, or improvement 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) PURPOSE TEST- The Secretary may not authorize an activity, facility, or improvement under paragraph (1) if the Secretary determines that the authorization of the activity, facility, or improvement would result in the primary recreational purpose of the National Forest System land subject to the ski area permit to be a purpose other than skiing or any other snow-sport.
‘(B) REVENUE TEST- To ensure that National Forest System lands subject to a ski area permit continue to be used predominately for skiing and other snow sports, the Secretary may authorize an activity, facility, or improvement under paragraph (1) only to the extent that the majority of the revenue of the ski area is generated by the sale of lift tickets and fees for ski and other snow-sport rentals, skiing and other snow-sport instruction, ski trail passes for the use of trails maintained by the permit holder, and ancillary facilities related to the operation and support of skiing and other snow-sport activities.
‘(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 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.’; 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 18 months 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’.
U.S. Congress - Text of H.R.2476 as Placed on Calendar Senate Ski Area Recreational Opportunity Enhancement Act of 2009
