
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
