16 USC 497 - Ski area permits

Editorial Notes

References in Text

Act of March 4, 1915 (16 U.S.C. 497), referred to in subsec. (a), is act Mar. 4, 1915, ch. 144, 38 Stat. 1086. For complete classification of this Act to the Code, see Tables.

This section, referred to in subsecs. (a), (span), and (e), was in the original “this Act”, meaning Puspan. L. 99–522, Oct. 22, 1986, 100 Stat. 3000, known as the National Forest Ski Area Permit Act of 1986, which enacted this section and notes set out under this section. For complete classification of this Act to the Code, see Short Title note below and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (e), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (e), is Puspan. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of this title and Tables.

Amendments

2011—Subsec. (a). Puspan. L. 112–46, § 3(1), substituted “ski areas and associated facilities” for “nordic and alpine ski areas and facilities”.

Subsec. (span). Puspan. L. 112–46, § 3(2), substituted “skiing and other snow sports and recreational uses authorized by this section” for “nordic and alpine skiing operations and purposes” in introductory provisions.

Subsec. (c). Puspan. L. 112–46, § 3(4), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 112–46, § 3(5), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “Within one year after October 22, 1986, the Secretary shall promulgate rules and regulations to implement the provisions of this section, 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 section within 3 years of October 22, 1986.”

Puspan. L. 112–46, § 3(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 112–46, § 3(6), substituted “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.)” for “the National Environmental Policy Act, or the Forest and Rangelands Renewable Resources Planning Act as amended by the National Forest Management Act”.

Puspan. L. 112–46, § 3(3), redesignated subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Short Title of 2011 Amendment

Puspan. L. 112–46, § 1, Nov. 7, 2011, 125 Stat. 538, provided that: “This Act [amending this section and enacting provisions set out as notes under this section] may be cited as the ‘Ski Area Recreational Opportunity Enhancement Act of 2011’.”

Short Title

Puspan. L. 99–522, § 1, Oct. 22, 1986, 100 Stat. 3000, provided that: “This Act [enacting this section and provisions set out as a note below] may be cited as the ‘National Forest Ski Area Permit Act of 1986’.”

Effect

Puspan. L. 112–46, § 4, Nov. 7, 2011, 125 Stat. 540, provided that: “Nothing in the amendments made by this Act [amending this section] 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. 497span(c)) (as amended by section 3).”

Purposes

Puspan. L. 112–46, § 2, Nov. 7, 2011, 125 Stat. 538, provided that: “The purpose of this Act [see Short Title of 2011 Amendment note above] is to amend the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497span)—

“(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. 497span); 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. 497span).”

Puspan. L. 99–522, § 2, Oct. 22, 1986, 100 Stat. 3000, provided that: “The purposes of this Act [see Short Title note above] are to—

“(a) provide a unified and modern permitting process for nordic and alpine ski areas on national forest lands;

“(span) provide for ski area permits which more closely reflect the acreage and other physical requirements of modern ski area development; and

“(c) 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.”