R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 1 of 16 FOREST SERVICE MANUAL DENVER, CO 2300 - RECREATION, WILDERNESS, AND RELATED RESOURCE MANAGEMENT R2 Supplement No. 2300-94-5 Effective June 15, 1994 POSTING NOTICE. Supplements to this title are numbered consecutively. Post by document name. Remove entire document and replace with this supplement. Retain this transmittal as the first page of this document. The last supplement to this Title was Supplement 2300-94-4 to 2360. Page Code 2340 2341.3 Superseded Sheets 2 1 Supplements Covered R2 Supplement 2300-91-2 R2 Supplement 68, 11/76 Document Name 2340 New Pages 16 Digest: Reissues in electronic format for entire chapter. Removes 2341.3 which has no reference to parent text. ELIZABETH ESTILL Regional Forester R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 2 of 16 TITLE 2300 - RECREATION, WILDERNESS AND RELATED RESOURCE MANAGEMENT 2340 - PRIVATELY PROVIDED RECREATION OPPORTUNITIES 2340.3 - Policy. Forest Product Removal. In order to meet USDA program objectives to provide public recreation; to perpetuate a condition suitable for recreation purposes and to achieve other benefits, there is often a need to have timber and other forest products removed from National Forest System lands that are under special use authorization as commercial public service resorts. Under most circumstances, timber is best removed under the direction of the permit holder, through the Operating Plan authorization, rather than by commercial timber operations. Appraised values may be different from those of normal timber sales. The principal reasons are timing of operations, coordination with concurrent activities on the site, delays which seriously and adversely affect operations, concurrent vegetation management treatments, and environmental factors. All of these factors affect the marketability and value of the timber being removed from these sites. The following diagram outlines how appraisal, sale, and disposal will be determined and managed. Will the Authorized Officer in consultation with the permittee allow the cut material to be removed from the site or must the material be burned, chipped, and/or buried on site due to other resource considerations? Protection of the resources, compatibility with the integrity of the area design and development, and visual considerations are among several factors affecting these decisions. | | Removal allowed Disposed on site Does a competitive 1/ market exist for the products being removed? Dispose of free of charge under 36 CFR 223.2 and 223.12. | Yes | Sell at standard 3/ or appraised rates. | No | Sell at minimum or standardrates 2/3/ 1/ A competitive market is determined from FSH 2409.22, section 51.4 (61.4 for Black Hills) Item 28. Any Forest exceeding 1.05% (or> 5% of Item 7 for Black Hills) is considered a competitive market. 2/ When products are sold at minimum rates without allowing competition,the Forest Officer must insure that the permittee does not profit from the resale of the products. 3/ Under this policy, no cost or selling price adjustments are allowed with standard or minimum rate sales. R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 3 of 16 Use an administrative sale appraisal, not a timber settlement appraisal. Certain costs normally added to a timber settlement appraisal, such as land clearing costs, are in the interests of the National Forest System and the Secretary of Agriculture and are not added to administrative sale appraisals. When products have been determined to be of low value, keep appraisals simple, so sale preparation costs reflect the value of the product. Timber settlement is appropriate for utility corridors, electronic sites, highway projects and similar uses where the government is not interacting with a private entity in an endeavor that is of substantial benefit to programs of the National Forest System. Commercial public service resorts on National Forest System lands are authorized because they are in the public interest, of substantial benefit to the general public, and a specified program of the USDA. 2342 - ADMINISTRATION OF PRIVATE SECTOR USES. 2342.04 - Responsibility. 7. Regional Forester. a. Land Use Decision. The Regional Forester, through the Forest Land and Resource Management Planning process or prior land use plans, grants approval for the classification of potential downhill winter sports sites. This approval constitutes the Land Use Decision (Stage I) of the Forest Service Joint Review Process (JRP) as outlined in FSH 2309.23, Chapter 30, Winter Sports Complex Planning. Land Use Decision is synonymous with Land Use Allocation as outlined in FSH 2309.23 and Regional Guide. b. Study Authorization. Study authorization (Stage II) for downhill winter sports sites is the direct responsibility of the Regional Forester. This authority includes new winter sports sites, and expansion of existing winter sports sites (FSH 2309.23). This is a basic authorization to participate, including the expenditure of manpower, money, and the execution of collection agreements in winter sports site JRP studies. This review provides for a broad Regional overview and coordination of specific study proposals within the framework of the Regional Guide. Forest Supervisors shall support their requests for Study Authorization with an appropriate estimate of employee demands, funding requirements, time schedules and land use decision references. Forest Supervisors must request this authorization directly from the Regional Forester. The land use decision must be made before formal authorization to participate in the JRP is granted. c. Categories. The four-level category system for studying existing and proposed downhill winter sports sites, as outlined in the Rocky Mountain Regional Guide, will direct the internal Forest Service process for guiding and scheduling action on special-use permit applications or expansion requests from existing permittees. The categories are as follows: (1) Category 1 - Category 1 includes the following: (a) Projects already committed to planning prior to the Regional Guide; (b) Existing permitted areas with potential for expansion. (Either within or adjoining the permitted area.) R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 4 of 16 (c) New sites rated good and served by existing ski areas or resort communities. (2) Category 2 - Category 2 includes inventoried sites rated good with an adequate road system and with either adequate air or rail service to accommodate expected use. (3) Category 3 - Category 3 includes inventoried sites rated good, but current public transportation systems are inadequate to accommodate expected use. (4) Category 4 - Category 4 includes inventoried sites rated marginal, based on the physical potential of the mountain. A site is also considered marginal when poor snow conditions historically exist and snowmaking is a requirement for, rather than a supplement to normal operations. See Exhibit 1 for a complete list of sites. The Forest Service will initiate and chair JRP planning actions that deal directly with Category 1 sites. State and local governments often have different objectives and priorities for downhill ski area development and regional supply distributions because of local long-range economic and social goals. When Category 2, 3, and 4 sites receive official study endorsement and support by both State and local governments, these sites may be scheduled for study under the JRP ahead of or in concert with Category 1 sites. Official endorsement means written request from the Governor of a State or a designated representative, Chairman of local county commissioners, and Mayor of local towns when appropriate. Forest Supervisors shall ensure such official written endorsement is on hand before requesting study authorization for Category 2, 3, and 4 sites. When official endorsement of a Category 2, 3, and 4 site is received from State and local governments, Forest Service involvement is contingent upon one of those governmental entities taking an active joint lead agency role (40 CFR 1501.5) in chairing the Joint Review Process. Their involvement is essential since environmental impacts associated with new winter sports site proposals often have major off National Forest effects on local community infrastructures; schools, transportation systems, public protection, water and sewer systems, housing, etc. Such off National Forest impacts on non-Federal land will be dealt with by other governments who have legal responsibility for permitting and dealing directly with those issues. When Category 2, 3, or 4 sites are endorsed for accelerated study over Category 1 sites, it will be the responsibility of the proponent, State, or local governments to arrange for and fund all or portions of studies involving off-site and National Forest System lands as may be determined necessary by a Joint Review Committee. Funding will include required Environmental Assessments (EA) and/or Environmental Impact Statements (EIS) covering National Forest System lands. The Forest Service will retain responsibility and ensure necessary EA/EIS's relative to National Forest System lands are initiated, prepared and decision documents executed. The Forest Service will not take over another agency's or entity's responsibility to complete an assigned section or part of any study, if for some reason the study is delayed or not concluded. Proponents, land developers, State and/or local governments who engage in self-initiated studies of potential winter sports sites prior to formal land use decision and study authorization do so at their own risk and expense. The Forest Service may cooperate by providing technical R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 5 of 16 information relative to study needs and process, but will not undertake detailed resource studies until land use decisions are made. 8. Forest Supervisors. a. Site Specific Studies (EA/EIS). The Forest Supervisor is delegated the authority to initiate and/or enter into the Joint Review Process for the purpose of evaluating "concept" proposals for winter sports sites, including the formulation of appropriate NEPA documents and decisions. Such actions are not authorized until after the Land Use Decision and Study Authorization is approved by the Regional Forester. This authority includes the signing of appropriate JRP Memorandum of Understanding, decision documents and special-use permits. The Regional Forester will provide appropriate technical staff assistance, as may be necessary, to aid the Forest Supervisor in conducting the Joint Review Process and related NEPA studies. All concept site specific proposals and associated draft EAs/EISs and decision documents, implementation master development plan (MDP), including maps, shall be reviewed by the Regional Office for technical sufficiency prior to Forest Supervisor's approval and acceptance. This is due to the Regional and National significance of such proposals. The Forest Supervisor, prior to accepting detailed implementation master development plan documents, shall analyze such proposals through an administrative review to insure actions and mitigation measures conform with appropriate tiered NEPA documents and decisions. The purpose of this review is to determine if additional NEPA assessment and documentation is required. This analysis will be documented and included in the MDP appendix. When existing areas require a new MDP, the concept and implementation phases may be combined into one document depending on the complexity of the project. The Forest Supervisor is delegated authority to jointly approve Winter Sports Operating Plans along with the permittee. The Operating Plan is an official extension of the special-use permit. The Forest Supervisor is delegated the authority to authorize the use of downhill and crosscountry skis, snowboards, and other downhill devices designed to accommodate handicapped and other users within developed ski areas when in accordance with the provisions outlined in the Operating Plan. Recommendation of such recreation uses and equipment is the responsibility of the permittee and must be fully covered by liability insurance. b. Special-Use Permits. The special-use permit is the first point at which a commitment to development can be made. The authorized officer for winter sports concessions as referenced in FSM 2343 - Term Permits Under the National Forest Ski Area Act of 1986 and FSM 7320 - Tramways, Ski Lifts, and Tows, shall be the Forest Supervisor. The Forest Supervisor is authorized to approve and sign the special-use permit, which includes the Master Development Plan and Operating Plan. This authority covers both downhill, "alpine", ski areas and nordic centers which are authorized under the Act of 1986. The Forest Supervisor may delegate the technical duties of monitoring, inspection, and special-use permit administration as appropriate. Those delegated administrative duties must be fully qualified and trained to administer special-use permits and Operating Plans. R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 6 of 16 The authorized officer for technical review and approval of helicopter skiing outfitter-guide permits and Operating Plans is the Forest Supervisor. For commercial Nordic skiing, snowmobiling, and other commercial winter outdoor recreation activities authorized under a separate outfitter-guide permit, the Forest Supervisor may delegate the authority to issue and administer permits for terms of no more than five years, to District Rangers. Temporary suspension of operations under 36 CFR 251.60(f) shall be reserved to the Forest Supervisor unless there is an immediate threat to the personal safety of the using public, ski area personnel, or Forest Service employees by continued use of a particular tramway, lift, tow, or other facility. Personnel delegated emergency suspension actions will be designated either by name or position and documented in the Operating Plan. All delegations shall be in writing for each special-use permit and shall be posted in the individual case file, permittee's record and Operating Plan. The Forest Supervisor shall designate these individuals in writing and the permittee notified. This should generally be done at the time the Operating Plan is jointly prepared or updated and approved. c. Winter Sports Site Inventory. An inventory of potential winter sports sites will be maintained by each Forest administrative unit. Inventoried sites, listed in current Forest Plans, including new proposed sites, will be evaluated and given appropriate land use designations in Forest Plan revisions. Prior to including any new sites in the Region and Forest inventory, each potential site will be evaluated using criteria outlined in FSH 2309.23, Chapter 10 - Winter Sports Site Inventory. Site evaluations for inventory purposes focus on the physical attributes of a site. They are not intended to replace nor are they to include NEPA documentation. This is to be completed when sites are proposed for detailed study. The Forest Supervisor is delegated authority to conduct winter sports site inventory evaluations and the assignment of appropriate resource prescriptions for the long term protection and enhancement of selected sites. Winter sports site inventories include potential areas for downhill and nordic resorts, snowmobile centers, and other appropriate winter use activities that require long term land use designations. d. Official Use of Facilities by Forest Service Employees on Their Administrative Unit. Annually, prior to the operating season, Forest Supervisors will provide permittees a list of designated employees whose duties will require access to the mountain and recreation facilities. Either season passes or daily passes may be used for official visits. However, season passes will be limited to those employees normally required to spend at least one day a week at the facility during the operating season. Employees who may require a season pass will be specified in writing by the Forest Supervisor. Permittees may elect to provide official use daily passes rather than season passes. Official use by non-designated employees will be documented by their work supervisor. e. Official Use of Facilities by Forest Service Employees Off of Their Administrative Units. All Forest Service employees performing official duties at commercial recreation facilities not located on their administrative unit (such as a District Ranger visiting another District) will use Government funds to pay for the R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 7 of 16 use of such facilities or will obtain passes through the administering Forest Supervisor or authorized representative. If not otherwise documented by staff assistance requests, formal training sessions, or letter of authorization, visiting personnel requesting official use passes will present the administering unit's authorized representative an official use authorization signed by their work supervisor. f. Unofficial Use. Employees may not seek or accept free use of permitted commercial recreation facilities for their own recreational use or for recreational use by relatives or friends. Employees will not accept any preferential treatment which might adversely affect the public's confidence in the integrity of the Forest Service. Use passes commonly offered for volunteer work at special events, such as officiating, timing, gatekeeping, or slope packing, and ski patrolling may be accepted. These kinds of activities may be performed by Forest Service employees on their own time, or by family members provided that there is no conflict of interest involved. R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 8 of 16 EXHIBIT 1 INVENTORY OF POTENTIAL SKI AREA SITES The inventory of potential ski area sites was developed in 1969 and updated in 1990. Alpha site codes refer to sites with facilities when the 1969 inventory was done. Some potential sites have been dropped from the initial inventory as a result of land use allocations other than winter sports. The table on the following pages lists all inventoried winter sports sites currently designated in forest plans under a 1B Prescription. They are listed or grouped under four separate categories: Category 1 - There are three groupings. (a) Existing areas with expansion capacity; (b) areas committed to project planning; and (c) good sites served by existing ski areas or resort communities. Category 2 - Inventoried downhill ski sites rate as good, with adequate transportation systems in place. Category 3 - Inventoried downhill ski sites rated as good, with inadequate transportation systems in place. Category 4 - Inventoried downhill ski sites rate as marginal. _______________________ The following three items have to do with forest plan implementation but are of interest because they describe studies for ski areas. 1. Processing applications for new winter sports sites in Categories 2, 3, or 4 should only be done if state and local governments concur with the need. 2. Processing applications for sites not on the inventory or determined not suitable in a forest plan should be postponed until the forest plan is revised or amended. 3. Studies for new sites that have been determined suitable in a forest plan will address and consider incremental additions to existing skiing capacity. The actual size of the study area will be determined once the decision has been made to study a new area. These studies will be outside the revision or amendment process. R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 9 of 16 Inventoried Downhill Ski Sites Rated as Good -- Priority 2 National Forest Proposed Site Arapaho and Roosevelt National Forests 9. Mineral point/Bowen Gulch White River National Forest 6. Independence Mountain 1 Grand Mesa, Uncompahgre, and Gunnison National Forests 22. Salt Creek 24. Wilson Ridge Pike and San Isabel National Forests 22. Burning Bear 32. Michigan Creek 51. Quail Mountain 2 San Juan National Forests 61. Windy Pass (Wolf Creek Valley) 3 1 Site is on the Arapahoe National Forest, but is administered by the White River National Forest. 2 Study started on Quail Mountain, but currently terminated. 3 Study completed on Wolf Creek Valley, Record of Decisiion withdrawn. Inventoried Downhill Ski Sites Rated as Good -- Priority 3 National Forest Proposed Site Arapaho and Roosevelt National Forests 10. St. Mary's 16. Storm Mountain Routt National Forest 45. Parkview White River National Forest 3. Brewery Hill 1 13. North Barton 18. Swan Valley 1 67. Burro Mountain 69. Cooper Creek - Kellogg 75. Mid-Continent Redstone 84. Rio Blanco 91. Twin Peaks Grand Mesa, Uncompahgre, and Gunnison National Forests 21. Rambouillet - Slumgullion 25. Carbon Peak 101. Double Top San Juan National Forests 53. Dunton 55. Echo Basin 1 Sites 3 and 18 are on the Arapahoe National Forest, but are administered by the White River National Forest R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 10 of 16 Inventoried Downhill Ski Sites Rated as Marginal -- Priority 4 National Forest Proposed Site Arapaho and Roosevelt National Forests 5. 37. 39. 41. Twin Sisters Comanche peak Mammoth Culch Rock Creek Grand Mesa, Uncompahgre, and Gunnison National Forests 23. Twin peaks 26. Park Cone Mountain San Juan National Forest 52. 56. 58. 59. 61. Pike and San Isabel National Forests 29. Anderson Bowl 33. West Bowl I. Piles Peak 2 White River National Forest 12. 14. 64. 70. 82. 87. 88. Medicine Bow National Forest 97. Kennedy Peak 98. Green Mountain 99. Elephant Head DD. Ryan Park 2 Routt National Forest 44. Meaden Peak Barlow Creek Flat Top mountain Lion Creek Lizard head Sultan Mountain Peak One 1 Ptarmigan Peak 1 Battle Mountain Hardscrabble Mountain Red-White Mountain Sunlight North (Sunlight) Sweetwater Lake 1 Sites 12 and 14 are on the Arapahoe National Forest, but are administered by the White River National Forest 2 Pikes Peak (I) and Ryan Park (DD), are marginal sites which were existing ski areas, but are currently closed. Numbering is consistent with the 1983 Regional Guide inventory. R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 11 of 16 Existing Inventoried Downhill Ski Areas/Sites -- Priority 1 Good Sites Served by Committed to Areas with Expansion Existing Ski Areas of National Forest Project Planning 1 Capacity Resort Communities 1 Arapaho and Roosevelt A. Berthoud Pass 2 4. Devils Thumb National Forests B. Loveland C. Winter Park/ Mary Jane/Vasques D. Eldorado 2 Bighorn National Forest AA. Antelope Butte BB. Meadowlark N. Powderhorn O. Telluride P. Crested Butte/ Snodgrass CC. Snowy Range 2 Grand Mesa, Uncompahgre, and Gunnison National Forests Medicine Bow National Forest Black Hills National Forest Pike and San Isabel National Forests RioGrande National Forest Routt National Forest 43. Catamount GG. Terry Peak 2 J. Geneva Basin K. Ski Cooper L. Monarch 50. Cuchara Valley 27. Conquistador M. Wolf Creek S. Steamboat (Harrison Creek) San Juan National Forest 54. East Fork 4 Shoshone National Forest White River National Forest 63. Adam's Rib 4 83. Rifle 5 X. Two Elk Creek (Vail) 4 Q. Purgatory EE. Sleeping Giant FF. Red Lodge Racing Camp 2 E. Arapahoe Basin3 F. Breckenridge3 (Peaks 7 & 10) G. Copper Mountain3 H. Keystone 3 (North & South Peaks & Jones Gulch) T. Aspen Highlands U. Aspen Mountain V. Buttermilk W. Snowmass (Burnt Mountain) Y. Beaver Creek Z. Sunlight 100. Mt. Axtell 42. Bear Creek 48. Fish Creek (North Face) 20. Grey Rock (Purgatory) 76. Montezuma3 (Arapahoe Basin) 79. Owl Creek 95. Meadow Mountain 94. Little Annie 8. McCoy Park 1 A resort community is accustomed to handling mass visitor use and providing support services such as restaurants, motels, lodges, employee housing, health and protection, utilities, and public transportation. The trensportation system should consist of an adequate road system, as well as either adequate air or rail service to accommodate expected use. A potential site should be within a 20-minute drive of the resort community. 2 Limited expansion opportunities. 3 Sites E, F, G, H, and 76 are on the Arapahoe National Forest, but are administered by the White River National Forest. 4 Permits issued, no construction as of 1990. 5 Study completed, Record of Decision withdrawn. 2343 - CONCESSION USES INVOLVING PRIVATELY DEVELOPED FACILITIES. R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 12 of 16 2343.03 - Policy. 11. A principle reason the public visits National Forest System land and more specifically downhill "alpine" and "nordic" ski areas, is to have an outdoor recreation experience in a near natural setting. Furthermore, commercial advertising at ski areas and other commercial public service resorts is not a needed public service. Private enterprises have ample opportunity to reach the public on private land or through other media forms in order to market their products or services. Thus, restrictions and control of advertising at public service resorts is appropriate. Commercial advertising is permitted as part of authorized special use permit activities or services, as follows: a. Advertisements or logos inside of facilities. These should not be displayed in windows. b. The name of a business and/or logo may be posted on the outside of buildings in which they operate so the public will be able to recognize the nature of the service provided. c. Promotional material relating to the permit holders own or related authorized operations. d. Sponsorship of recreation events, such as ski races, that are of limited duration. This does not apply to events that take place over an entire or major part of a season. The banners, posters, and other types of sponsor advertisement are allowed only during the duration of the event. e. Partnerships or sponsorships with others for long term services, such as NASTAR, which provide timed racing programs for the public and has sponsors to support off-site as well as on-site services or operation. The signing for sponsors which support such organizations, or provide the service, maybe posted at the service entry and/or exit area only. Recognition is limited to the name and/or logo of the organization. Safety fences or lineal signing, large signs or banners are not allowed except as under d. above. It is appropriate that recognition signs be sufficient in size that the public can recognize the name of the organization providing the service as well as the sponsors. The temporary nature of a sign shall not be the determining factor in allowing it to be erected. Banners and other types of "temporary" signs can be authorized when they fit into one of the five categories listed above. Decisions relative to signing must be approved by the Authorized Officer as part of the area Operating Plan and in accord with the signing philosophy stated above. When mixed ownership exists within the development boundary, permittees should be encouraged to apply the same basic advertisement principles on private lands as those adopted on National Forest System lands. A central signing theme will achieve a consistent and pleasing outdoor visual experience for the customer. 2343.1 - Winter Recreation Uses. Special ski programs and special skiing devices, including cross-country skis and snowboards, may be permitted uses as part of winter sports site operations. When special ski programs and skiing devices, including those for handicapped are R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 13 of 16 permitted, the use, controls, and special safety features associated with administering such use shall be identified in the Operating Plan. 2343.13 - Winter Recreation Site Operating Plans. 3. Requirements of Colorado Ski Safety Act of 1979. Implementing provisions of the Ski Safety Act of 1979 on ski areas under permit by the Forest Service on National Forests System lands in Colorado shall be through the Operating Plan. Forests in Wyoming and South Dakota should also be guided by the basic principles described in the Act. a. Sign plan. The Ski Safety Act includes provisions for operators of winter sports areas to maintain a sign system with concise, simple and pertinent information for the protection and instruction of skiers. Signing specifications are listed in Titles 33-44106 (a-g) and 33-44-107 (1-7). Provisions for implementing the signing system shall be incorporated as part of the Operating Plan. b. Closed trails or slopes. Title 33-44-107 (2c) and (4) of the Colorado Ski Safety Act contain provisions by which the operator may carry out necessary closures of trails and slopes for the protection and safety of skiers. Safety closures shall be implemented through the Operating Plan and approved by the Forest Supervisor. When ski trails and slopes on National Forest land within and on the special use permit boundary are reported and signed closed for safety reasons, local law enforcement officers may enforce the closures under provisions of section 33-44-109 (12) of the Ski Safety Act. The area covered by the Ski Safety Act as it relates to National Forest land is limited to the perimeter of the development area and/or permit area, whichever is appropriate, and the land therein. Closures outside the special use permit boundary may be implemented through a Forest Supervisor's "Closure Order" under 36 CFR 261.53 (3) and must be enforced by a Forest Officer. Forest Officers have no authority for enforcement of statutes under the Colorado Ski Safety Act. Persons violating the special safety closure may be cited for violation of the Colorado Ski Safety Act by local law enforcement officials and charged with a class 2 petty offense under 33-44-109 (12). Forest Officers enforcing Federal regulations must use the U.S. Magistrate System. Close coordination between ski area operators, local law enforcement officials and the State Judicial System officials responsible for administering violations is essential to the successful implementation of closures under the Ski Safety Act on National Forest lands under permit. 4. Special Activity Requirements. Cross-country skis, snowboards, and other special skiing devices and/or summer activities may be used on selected ski trails and slopes designed for downhill skiing, when the following requirements are met: a. Their use can be accommodated safely under normal operation of the site and facilities. b. Modification of lift facilities where required, (particularly loading and unloading ramps) to accommodate special passengers or devices, conforms with the American National Standard Institute (ANSI) Safety Requirements for Aerial Passenger Tramways and State Safety Requirements. R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 14 of 16 c. Lift operators are proficient in safe procedures associated with special passengers and devices. d. Special grooming provisions, if needed, are included in the Operating Plans. e. Special signing is provided where necessary. Special conditions and provisions regulating the use of these skiing devices and summer activities shall be clearly defined in the Operating Plan. Cross country access routes into backcountry areas should be accommodated when not in conflict with the primary authorized downhill ski area use. When cross-country ski access routes are authorized through ski areas, trails or routes designed primarily for cross-country ingress and egress shall be marked and signed to protect downhill skiers from mistakenly entering the trail. The area operator shall maintain an adequate sign and control system for this purpose as part of the Operating Plans. 5. Minimum Sections for Operating Plan. The "Ski Area Term Special Use Permit", as authorized under the National Forest Ski Area Permit Act of 1986, shall contain the following sections as a minimum: a. Ski patrol and first aid. b. Communications. c. Signs. d. General safety and sanitation. e. Erosion control. f. Accident reporting. g. Avalanche control. h. Search and rescue. i. Boundary management. j. Vegetation management. k. Designation of representatives. l. Trail routes for nordic skiing. 6. Ski Area Boundary Management Practices. The main objectives of ski area boundary management practices associated with backcountry activities on National Forests lands are to: reduce public exposure to avalanche hazards adjacent to both downhill alpine and nordic ski areas; provide a reasonable degree of opportunity for backcountry skiing for those directly seeking such experiences; gain consistency in boundary management practices for the benefit of all concerned; and minimize public exposure to known avalanche risk zones by restricting access through ski operator "boundary closures" and Forest Supervisor "area closures." R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 15 of 16 Policies dealing with and reflecting boundary management philosophy and objectives are: a. All downhill and nordic ski areas shall have and maintain a boundary management section, as part of the Winter Operating Plan. b. Access gates shall be an acceptable way to regulate and control skiers leaving the developed ski areas in critical locations for backcountry skiing experiences. Gates shall be so located that skiers cannot pass through without physically stopping and/or climbing to gain access. c. Appropriate backcountry warning and individual responsibility notices will be posted at "ingress and egress" access points associated with downhill ski areas on National Forest lands. The standard "NOTICE TO BACKCOUNTRY TRAVELERS" poster, Exhibit 2 will be displayed at each access gate. d. Forest Supervisor area closures, in conjunction with boundary closures under the Colorado Ski Safety Act (where appropriate), may be used to restrict access into extreme avalanche hazard zones. All such Forest Supervisor "Closure Orders" must conform to 36 C.F.R. 261.50, and will be enforced when in effect. e. Out-of-bounds skiing or snowboarding which leads to repeated daily reentry (yoyo skiing) to the developed ski area shall be controlled and regulated or prohibited. f. Uniformly apply and enforce boundary management standards subject to the needs of individual ski areas. g. Coordinate boundary management planning with local law enforcement officials and search/rescue organizations who have direct responsibility for enforcement actions. R2 SUPPLEMENT 2300-94-5 EFFECTIVE 6/15/94 2340 Page 16 of 16 Exhibit 2 ACCESS POINT NOTICE TO BACKCOUNTRY TRAVELERS As a user of National Forest System Lands, you have significant responsibility for your personal safety during any activity you might pursue. The Forest Service does install signs and other information devices at various locations where site conditions warrant. However, the size of the National Forests and the variety of natural and man-made conditions limits placement of signs or other specific warnings and necessitates the use of more general education efforts. Hazards are not limited to, but include: changing weather conditions; snow; avalanches; landslides; caves; overlooks; falling trees or limbs; high or rushing water; contaminated water; wild animals; becoming lost or over exerted; hypothermia; remnants of mining and other activities involving excavation, tunnels, shafts, decaying structures and a variety of equipment; and changing road and trail conditions. You may also be exposed to unreasonable acts of others. The Forest Service does not manage or control all of these occurrence. It is your responsibility to know the hazards involved in your activities and to use the proper safety procedures and equipment to minimize the inherent risks and hazards related to your activity. In order to help visitors enjoy their experience on the National Forests, the Forest Service and other agencies provide information regarding local conditions by various means. This information is available at Forest Service offices, from local residents, outfitters and guides and other reference materials. U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE 2347 - NONCOMMERCIAL RECREATION USE 2347.1 - Recreation Residences. 7. Permits will not be issued for unoccupied lots in approved tracts. The site plans for recreation-residence tracts will be updated to remove unoccupied lots.