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16 U.S.C. § 497b — Ski area permits

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 497b — Ski area permits

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Source location: Title 16, Chapter 2, § 497b; chapter-002-national-forests.md

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**(a) Law applicable to permits** The provisions of the Act of March 4, 1915 ([16 U.S.C. 497](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497&num=0&edition=prelim)) notwithstanding, the term and acreage of permits for the operation of ski areas and associated 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 skiing and other snow sports and recreational uses authorized by this section. 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) 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 November 7, 2011, during the term of the permit. **(d) Regulations** Not later than 2 years after November 7, 2011, the Secretary shall promulgate regulations to implement this section. **(e) 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 of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 ([16 U.S.C. 1600](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1600&num=0&edition=prelim) et seq.), including his duties to involve the public in his decisionmaking and planning for the national forests.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 497 — Use and occupation of lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational or public uses

The Secretary of Agriculture is authorized, under such regulations as he may make and upon such terms and conditions as he may deem proper, (a) to permit the use and occupancy of suitable areas of land within the national forests, not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining hotels, resorts, and any other structures or facilities necessary or desirable for recreation, public convenience, or safety; (b) to permit the use and occupancy of suitable areas of land within the national forests, not exceeding five acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining summer homes and stores; (c) to permit the use and occupancy of suitable areas of land within the national forest, not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining buildings, structures, and facilities for industrial or commercial purposes whenever such use is related to or consistent with other uses on the national forests; (d) to permit any State or political subdivision thereof, or any public or nonprofit agency, to use and occupy suitable areas of land within the national forests not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining any buildings, structures, or facilities necessary or desirable for education or for any public use or in connection with any public activity. The authority provided by this section shall be exercised in such manner as not to preclude the general public from full enjoyment of the natural, scenic, recreational, and other aspects of the national forests.

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16 U.S.C. § 1600 — Congressional findings

The Congress finds that— (1) the management of the Nation’s renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time; (2) the public interest is served by the Forest Service, Department of Agriculture, in cooperation with other agencies, assessing the Nation’s renewable resources, and developing and preparing a national renewable resource program, which is periodically reviewed and updated; (3) to serve the national interest, the renewable resource program must be based on a comprehensive assessment of present and anticipated uses, demand for, and supply of renewable resources from the Nation’s public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; [16 U.S.C. 528–531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section528–531&num=0&edition=prelim)), and public participation in the development of the program; (4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation’s renewable resources; (5) inasmuch as the majority of the Nation’s forests and rangeland is under private, State, and local governmental management and the Nation’s major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 497c — Ski area permit rental charge

**(a) In general** The Secretary of Agriculture shall charge a rental charge for all ski area permits issued pursuant to section 3 of the National Forest Ski Area Permit Act of 1986 ([16 U.S.C. 497b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497b&num=0&edition=prelim)), the Act of March 4, 1915 (38 Stat. 1101, chapter 144; [16 U.S.C. 497](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497&num=0&edition=prelim)), or the 9th through 20th paragraphs under the heading “SURVEYING THE PUBLIC LANDS” under the heading “UNDER THE DEPARTMENT OF THE INTERIOR” in the Act of June 4, 1897 (30 Stat. 34, chapter 2), on National Forest System lands. Permit rental charges for permits issued pursuant to the National Forest Ski Area Permit Act of 1986 shall be calculated as set forth in subsection (b). Permit rental charges for existing ski area permits issued pursuant to the Act of March 4, 1915, and the Act of June 4, 1897, shall be calculated in accordance with those existing permits: Provided, That a permittee may, at the permittee’s option, use the calculation method set forth in subsection (b). **(b) Formula** (1) The ski area permit rental charge (SAPRC) shall be calculated by adding the permittee’s gross revenues from lift ticket/year-round ski area use pass sales plus revenue from ski school operations (LT+SS) and multiplying such total by the slope transport feet percentage (STFP) on National Forest System land. That amount shall be increased by the gross year-round revenue from ancillary facilities (GRAF) physically located on national forest land, including all permittee or subpermittee lodging, food service, rental shops, parking and other ancillary operations, to determine the adjusted gross revenue (AGR) subjec

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16 U.S.C. § 1600 — Congressional findings

Page 1947 TITLE 16—CONSERVATION § 1600 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. AMENDMENTS 2000—Pub. L. 106–201, in introductory provisions, sub- stituted ‘‘Notwithstanding section 3003 of Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), on’’ for ‘‘On’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–201, § 1(b), May 18, 2000, 114 Stat. 307, pro- vided that: ‘‘The amendment made by this section [amending this section] takes effect on the earlier of— ‘‘(1) the date of enactment of this Act [May 18, 2000]; or ‘‘(2) December 19, 1999.’’ CHAPTER 36—FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING SUBCHAPTER I—PLANNING Sec. 1600. Congressional findings. 1601. Renewable Resource Assessment. 1602. Renewable Resource Program; preparation by Secretary and transmittal to President; purpose and development of program; time of preparation, updating and contents. 1603. National Forest System resource inventories; development, maintenance, and updating by Secretary as part of Assessment. 1604. National Forest System land and resource management plans. 1605. Protection, use and management of renew- able resources on non-Federal lands; utili- zation of Assessment, surveys and Program by Secretary to assist States, etc. 1606. Budget requests by President for Forest Serv- ice activities. 1606a. Reforestation Trust Fund. 1607. National Forest System renewable resource

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 497 — Use and occupation of lands for hotels, re-

Page 943 TITLE 16—CONSERVATION § 497 support ponderosa pine, sugar pine, or giant sequoia trees, shall result in the reversion of all right, title, and interest in such lands to the United States. Any such lands which revert to the United States shall be incorporated into the Stanislaus National Forest and managed to preserve and protect the stands of pon- derosa pine, sugar pine, and giant sequoia trees lo- cated on such lands. ‘‘(5) The Secretary, acting through the Forest Serv- ice, shall be afforded by appropriate officials of the State of California reasonable opportunities to col- lect seeds from trees located on such lands for sci- entific or silvicultural purposes. ‘‘(6) The Secretary, upon prior notification to the State of California, shall be entitled at any time to enter upon such lands for the purpose of monitoring the management of such lands and the compliance of the State of California with the provisions of this subsection. ‘‘(7) The conveyance shall be subject to the fol- lowing reservations or exceptions: ‘‘(A) existing ditches and canals as authorized by the Act of August 30, 1890 (43 U.S.C. 945); and ‘‘(B) any existing rights-of-way to provide the United States and its assigns access to federally owned lands. ‘‘(d) ENFORCEMENT.—Upon the request of the Sec- retary, the Attorney General shall bring any action or take any other steps necessary to enforce the provi- sions of subsection (c) of this section. ‘‘(e) TIMING, VALUE, AND STATUS.—(1) Conveyance of lands to the State of California pursuant to this Act shall occur when the agreement described in paragraph (1) of subsection (c) has been reached. The restrictions and conditions specified in paragraphs (2), (3), (4), (5), (6), and (7) of subsection (c) shall be included in

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 497b — Ski area permits

Page 944 TITLE 16—CONSERVATION § 497a poses whenever such use is related to or con- sistent with other uses on the national forests; (d) to permit any State or political subdivision thereof, or any public or nonprofit agency, to use and occupy suitable areas of land within the national forests not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining any buildings, structures, or facilities necessary or desirable for education or for any public use or in connection with any public activity. The au- thority provided by this section shall be exer- cised in such manner as not to preclude the gen- eral public from full enjoyment of the natural, scenic, recreational, and other aspects of the na- tional forests. (Mar. 4, 1915, ch. 144, 38 Stat. 1101; July 28, 1956, ch. 771, 70 Stat. 708.) Editorial Notes AMENDMENTS 1956—Act July 28, 1956, increased maximum area of land for each purpose for which permits may be granted from not more than 5 acres to not more than 80 acres, and authorized permits for facilities for public safety, for buildings, structures, and facilities for industrial or commercial purposes whenever such purposes are re- lated to or consistent with other use of the national forests, and for facilities to be used by public or non- profit agencies for education or public use or in connec- tion with any public activity. Statutory Notes and Related Subsidiaries ENHANCING FOREST SERVICE ADMINISTRATION OF RIGHTS-OF-WAY AND LAND USES Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 331], Nov. 29, 1999, 113 Stat. 1535, 1501A–196, as amended, formerly set out as a note under this section, was transferred to section 497e of this title. § 497a. Occupancy and use under permit of land

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony

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