Page 40 - Summer 2014

USFS Completes Policy on Public Land These factors would be applied to things like mountain coasters, alpine slides, and climbing walls. They are applied in addition Summer Activities to the seven criteria identified above, and include whether visitors would be able to T By Geraldine Link, Director of Public Policy engage with the natural setting, whether the proposed activity would lead to explo- ration and enjoyment of other USFS lands, he U.S. Forest Service gave the green and the similarity of the activity to those light to ski area summer activity listed on the “yes” or “no” lists. proposals on USFS lands through the The new policy is favorable with respect adoption of final agency policy in April. By all accounts, the ski industry that might not meet the new definition of is reacting favorably to the final to activities such as weddings or concerts “natural resources based”—which requires summer policy. The agency was highly the visitor’s experience to be “interdepen- responsive to the comments from the ski dent with” the attributes of natural settings— industry and made many improvements but also don’t require long-term facilities. to the proposed policy. Here are some of Such activities are permitted as long as they the highlights. use existing facilities or temporary facili- The new USFS summer policy is a ties. This is great news as many resorts have hybrid between a list-based approach of already been in the wedding and concert allowing or prohibiting certain facilities and business on public lands for years. a criteria-based approach of using general Finally, ski areas with non-conforming parameters to gauge whether a proposed summer facilities (you know who you are) facility is appropriate on USFS lands. The certain criteria. The agency’s approach of will be happy to know that the new policy agency looks to the Ski Area Recreational allowing case-by-case evaluation of non- has a grandfathering clause. For now, exist- Opportunity Enhancement Act (SAROEA) listed activities is the best the ski industry ing facilities are grandfathered under section for its list of what may be approved at public could hope for, as it provides for current 2343.14 of the new policy, but only for the land ski areas: ziplines, mountain bike ter- and future flexibility. term of the permit now in effect. Once the rain parks and trails, disc golf courses, and It is important to note that those permit terminates, those non-conforming ropes courses. facilities specifically listed on the “yes” list facilities will need to be removed. The agency essentially has three lists must still be evaluated using seven crite- The next hurdle in making summer of “prohibited” facilities that are identified ria: 1) not changing the primary purpose activities a reality, of course, is the approval in SAROEA, its policy definition of the term of the resort; 2) encouraging outdoor, process. It will no doubt be challenging for “natural resource based,” and in agency natural resource-based recreation; 3) lim- thinly staffed USFS recreation shops to take commentary in the Federal Register. Com- iting activities to the developed or “to be” on the process associated with summer bined, those facilities include tennis courts, developed portions of the ski area/master activities approvals. At NSAA’s recent annual water slides and water parks, swimming development plan (MDP); 4) not exceed- convention in Savannah, Georgia, USDA pools, golf courses, amusement parks, ing the snowsports level of development/ Under Secretary Robert Bonnie offered Ferris wheels, bumper cars, miniature golf consistency with the MDP; 5) harmoniz- to work with ski areas to get creative on courses, merry-go-rounds, miniature train ing with the natural environment of the pilot projects for getting summer projects rides, and roller coasters. USFS is careful in site as practicable; 6) not compromising approved efficiently and reducing litigation its commentary accompanying the new the snowsports function; and 7) use of as well. NSAA is happy to support resort policy to distinguish roller coasters from snowsports support facilities versus new ideas for summer process pilot programs mountain coasters, the latter of which may support facilities. and will continue dialogue with the agency be considered on a case-by-case basis. In One of the more creative parts of the on how to get this done. fact, any summer or year-round activity that policy is the development of new “factors” For one-stop shopping on all USFS docu- is not listed can be considered for approval to decide whether a proposed activity ments relating to the new summer policy, visit on an individual basis, so long as it meets or facility that is not listed is appropriate. http://www.fs.fed.us/specialuses/. n 38 | NSAA Journal | SUMMER 2014 w w w. n s a a . o rg NSAA Summer 2014 prepressed v6a.indd 38 7/3/14 4:20 PM