Volume 100 · 3000
Public Law 99–522
To establish a ski area permit system on national forest lands, and for other purposes.
Approved October 22, 1986
Statutory text
An Act
To establish a ski area permit system on national forest lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “National Forest Ski Area Permit Act of 1986”.
SEC. 2. PURPOSES.
The purposes of this Act are to—
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.
SEC. 3. SKI AREA PERMITS.
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 on National Forest System lands shall henceforth be governed by this Act and other applicable law.
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. A ski area permit—
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.
Rules and Regulations.—
Within one year after the date of enactment of this Act, 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.
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
42 USC 4321 note.
Resources Planning Act as amended by the National Forest Management Act, including his duties to involve the public in his
16 USC 1600 note.
decisionmaking and planning for the national forests.
Approved October 22, 1986.