§ 497b. — Ski area permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC497b]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 497b. Ski area permits
(a) 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 on and after October 22, 1986, be governed by this section
and other applicable law.
(b) 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--
(1) may be issued for a term not to exceed 40 years;
(2) 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;
(3) shall encompass such acreage as the Secretary determines
sufficient and appropriate to accommodate the permittee's needs for
ski operations and appropriate ancillary facilities;
(4) may be renewed at the discretion of the Secretary;
(5) 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;
(6) 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;
(7) shall be subject to such reasonable terms and conditions as
the Secretary deems appropriate; and
(8) shall be subject to a permit fee based on fair market value
in accordance with applicable law.
(c) Rules and regulations
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.
(d) Construction with Secretary's duties under other laws
Nothing in this section shall be deemed to amend, modify or
otherwise affect the Secretary's duties under the National Environmental
Policy Act [42 U.S.C. 4321 et seq.], or the Forest and Rangelands
Renewable Resources Planning Act [16 U.S.C. 1600 et seq.] as amended by
the National Forest Management Act, including his duties to involve the
public in his decisionmaking and planning for the national forests.
(Pub. L. 99-522, Sec. 3, Oct. 22, 1986, 100 Stat. 3000.)
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, as amended. For complete
classification of this Act to the Code, see Tables.
This section, referred to in subsecs. (a), (c), and (d), was in the
original ``this Act'', meaning Pub. 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, referred to in subsec. (d),
probably means the National Environmental Policy Act of 1969, Pub. L.
91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified
generally to chapter 55 (Sec. 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 Rangelands Renewable Resources Planning Act, referred
to in subsec. (d), probably means the Forest and Rangeland Renewable
Resources Planning Act of 1974, Pub. L. 93-378, Aug. 17, 1974, 88 Stat.
476, as amended, which is classified generally to subchapter I
(Sec. 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.
The National Forest Management Act, referred to in subsec. (d),
probably means the National Forest Management Act of 1976, Pub. L. 94-
588, Oct. 22, 1976, 90 Stat. 2949, as amended. For complete
classification of this Act to the Code, see Short Title of 1976
Amendment note set out under section 1600 of this title and Tables.
Short Title
Section 1 of Pub. L. 99-522 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'.''
Purposes
Section 2 of Pub. L. 99-522 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;
``(b) 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.''
Section Referred to in Other Sections
This section is referred to in section 497c of this title.
