S. 607Senate111th Congress (2009-2011)In Committee

Ski Area Recreational Opportunity Enhancement Act of 2010

Sponsored by Mark UdallSen. Mark Udall (D-CO)
Introduced March 17, 2009

Legislative Activity

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6 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 590.

September 27, 2010

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SenateIntro Referral

Introduced in Senate

March 17, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S3164-3165)

March 17, 2009

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

March 17, 2009

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests. Hearings held. With printed Hearing: S.Hrg. 111-223.

October 29, 2009

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

July 21, 2010

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute and an amendment to the title. With written report No. 111-304.

September 27, 2010

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 590.

September 27, 2010

Floor Debate

15 members

What members said about S. 607 on the floor

4 Republicans11 Democrats
Richard J. Durbin
Sen. Richard J. DurbinD-IL · Mar 17, 2009

Mr. President, I rise to speak on legislation I am introducing today that relates to congenital heart disease research. Congenital heart disease is a rapidly growing national health problem.…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Mar 17, 2009

Mr. President, I rise to introduce the Imported Ethanol Parity Act of 2009. This legislation is cosponsored by Senators Gregg, Bingaman, Collins, Cantwell and Martinez. First, let me explain what…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Mar 17, 2009

Mr. President, I rise today to introduce a bill that is sponsored by every woman in the Senate. All 17 of us have come together to introduce legislation to award the Congressional Gold Medal to the…

Tom Harkin
Sen. Tom HarkinD-IA · Mar 17, 2009

Mr. President, this past fall our Nation's high school graduation class of 2012 took their first steps into their local high school as freshmen. The best research, based on data from all 50 States,…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Mar 17, 2009

Mr. President, today we face growing concerns about infectious disease which few could have anticipated. Over a half century ago, following the development of modern antibiotics, Nobel Laureate Sir…

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Mark Udall
Sen. Mark UdallD-CO · Mar 17, 2009

Mr. President, today I am introducing a bill to revise the 1986 law dealing with use of National Forests for ski areas in order to reflect current ways those areas are used and to provide clear…

Mark Udall
Sen. Mark UdallD-CO · Mar 17, 2009

Mr. President, today I am introducing a bill to revise the 1986 law dealing with use of National Forests for ski areas in order to reflect current ways those areas are used and to provide clear…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Mar 17, 2009

Mr. President, I rise today to introduce the Pre- existing Condition Patient Protection Act, legislation to provide crucial protections for individuals with chronic and preexisting conditions. Unfair…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Mar 17, 2009

Mr. President, I rise today as an original cosponsor of a bipartisan bill to award the Congressional Gold Medal to the Women Airforce Service Pilots--the WASP. We are introducing this bill in March,…

Jon Tester
Sen. Jon TesterD-MT · Mar 17, 2009

Mr. President, I rise today to introduce the Common Sense in Consumer Product Safety Act of 2009 on behalf of the folks across America who are outdoor enthusiasts and budding sportsman and women.…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Mar 17, 2009

Mr. President, this week, our Nation celebrates Sunshine Week--a time to recognize and promote openness in our Government. At this important time of year, I am pleased to join with Senator Cornyn to…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Oct 15, 2009

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on National Parks. The hearing will be held on…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Mar 17, 2009

Mr. President, I rise today to introduce legislation entitled the Lower Mississippi River National Historic Site Study Act. This bill will direct the Secretary of the Interior to study the…

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Susan M. Collins
Sen. Susan M. CollinsR-ME · Mar 17, 2009

Mr. President, I am pleased to introduce today, along with Senators Lieberman, Coburn, Levin, Grassley, McCaskill, McCain, and Voinovich, a bill that will provide the Special Inspector General for…

Jon Kyl
Sen. Jon KylR-AZ · Mar 17, 2009

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Harry Reid
Sen. Harry ReidD-NV · Mar 17, 2009

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

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Latest
Reported to SenateIssued September 27, 2010

II

Calendar No. 590

111th CONGRESS

2d Session

S. 607

[Report No. 111–304]

IN THE SENATE OF THE UNITED STATES

March 17, 2009

Mr. Udall of Colorado (for himself, Mr. Bennet, Mr. Barrasso, Mrs. Shaheen, Mrs. Feinstein, Mr. Ensign, Mr. Risch, Mr. Sanders, Mr. Reid, Mr. Enzi, Mr. Leahy, Ms. Stabenow, Mr. Gregg, Mr. Bennett, Ms. Cantwell, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

September 27, 2010

Reported by Mr. Bingaman, with an amendment and an amendment to the title

Strike out all after the enacting clause and insert the part printed in italic

A BILL

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.

1.

Short title

This Act may be cited as the Ski Area Recreational Opportunity Enhancement Act of 2009.

2.

Findings; purpose

(a)

Findings

Congress finds that—

(1)

it is in the national interest to provide, and encourage citizens of the United States to take advantage of, opportunities during all 4 seasons to engage in outdoor recreational activities that could contribute to the health and well-being of the citizens of the United States;

(2)

as of 2009, under Federal law (including regulations), National Forest System land has been managed in ways that—

(A)

encourage understanding and appreciation of nature and the importance of conserving natural resources; and

(B)

provide year-round opportunities for natural resource-based, outdoor-developed recreational activities outside of urban settings;

(3)

by increasing the extent to which National Forest System land is managed to provide opportunities for outdoor recreational activities, more citizens of the United States may gain the opportunity to engage in such activities;

(4)

National Forest System land that is used for skiing and other snow-sports can provide additional opportunities for seasonal and year-round recreational activities, which promotes jobs and enhances the economy of local communities that serve these areas as well as the State and the United States;

(5)

the authorization of increased use of certain National Forest System land for seasonal and year-round recreational activities and associated facilities can reduce the impact of such activities and facilities on other National Forest System land; and

(6)

it is desirable to amend the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)—

(A)

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 (referred to in this Act as the Secretary) under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b); and

(B)

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).

(b)

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 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).

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, outdoor-developed recreational activities and associated facilities (in addition to skiing and other snow-sports) as the Secretary determines to be appropriate.

(2)

Requirement of activities and facilities

Each activity and facility authorized by the Secretary under paragraph (1) shall—

(A)

encourage outdoor recreation;

(B)

to the extent practicable, harmonize with the natural environment of the National Forest System land on which the activity or facility is located; and

(C)

be subject to such terms and conditions as the Secretary determines to be appropriate.

(3)

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 a National Forest System land that is subject to a ski area permit to be a purpose other than skiing or any other snow-sport.

; 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 2009, the; and

(B)

by striking within 3 years of the date of enactment of this Act.

4.

Effect

Nothing in this Act (including an amendment made by this Act) affects any authority of the Secretary (including the authority of the Secretary with respect to recreational activities or facilities 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).

1.

Short title

This Act may be cited as the Ski Area Recreational Opportunity Enhancement Act of 2010.

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 (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).

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 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

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 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).

4.

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).

Amend the title so as to read: A bill 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.

September 27, 2010

Reported with an amendment and an amendment to the title