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					R2 SUPPLEMENT 2300-94-5                                                   2340
EFFECTIVE 6/15/94                                                         Page 1 of 16
                                FOREST SERVICE MANUAL
                                     DENVER, CO


                                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

   Page Code                                               Superseded Sheets

   2340                                                              2
   2341.3                                                            1

   Supplements Covered

   R2 Supplement 2300-91-2
   R2 Supplement 68, 11/76

     Document Name                                            New Pages

     2340                                                            16

Reissues in electronic format for entire chapter. Removes 2341.3 which has no reference to
parent text.

Regional Forester
R2 SUPPLEMENT 2300-94-5                                                              2340
EFFECTIVE 6/15/94                                                                    Page 2 of 16


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

 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                   Dispose of free of charge under 36
 exist for the products being                   CFR 223.2 and 223.12.

                 |                                                |
                Yes                                              No
                 |                                                |
 Sell at standard 3/ or appraised               Sell at minimum or standardrates 2/3/
 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.
  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.
     Under this policy, no cost or selling price adjustments are allowed with standard or minimum rate sales.
R2 SUPPLEMENT 2300-94-5                                                      2340
EFFECTIVE 6/15/94                                                            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.


2342.04 - 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                                                      2340
EFFECTIVE 6/15/94                                                            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

            (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

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                                                     2340
EFFECTIVE 6/15/94                                                           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 cross-
country 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                                                      2340
EFFECTIVE 6/15/94                                                            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                                                      2340
EFFECTIVE 6/15/94                                                            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

           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                                                      2340
EFFECTIVE 6/15/94                                                            Page 8 of 16
                                            EXHIBIT 1


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

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

Category 2 - Inventoried downhill ski sites rate as good, with adequate transportation systems in

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                                                         2340
EFFECTIVE 6/15/94                                                               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
R2 SUPPLEMENT 2300-94-5                                                           2340
EFFECTIVE 6/15/94                                                                 Page 10 of 16

                   Inventoried Downhill Ski Sites Rated as Marginal -- Priority 4

                      National Forest                                        Proposed Site
 Arapaho and Roosevelt National Forests                          5.   Twin Sisters
                                                                37.   Comanche peak
                                                                39.   Mammoth Culch
                                                                41.   Rock Creek

 Grand Mesa, Uncompahgre, and Gunnison National Forests         23. Twin peaks
                                                                26. Park Cone Mountain

 San Juan National Forest                                       52.   Barlow Creek
                                                                56.   Flat Top mountain
                                                                58.   Lion Creek
                                                                59.   Lizard head
                                                                61.   Sultan Mountain

 Pike and San Isabel National Forests                           29. Anderson Bowl
                                                                33. West Bowl
                                                                  I. Piles Peak 2

 White River National Forest                                    12.   Peak One 1
                                                                14.   Ptarmigan Peak 1
                                                                64.   Battle Mountain
                                                                70.   Hardscrabble Mountain
                                                                82.   Red-White Mountain
                                                                87.   Sunlight North (Sunlight)
                                                                88.   Sweetwater Lake

 Medicine Bow National Forest                                   97. Kennedy Peak
                                                                98. Green Mountain
                                                                99. Elephant Head
                                                                DD. Ryan Park 2

 Routt National Forest                                          44. Meaden Peak

1 Sites 12 and 14 are on the Arapahoe National Forest, but are administered by the White River National

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                                                                                                    2340
EFFECTIVE 6/15/94                                                                                                          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
                                                 D. Eldorado 2
Bighorn National Forest                                                          AA. Antelope Butte
                                                                                 BB. Meadowlark
Grand Mesa,                                                                      N. Powderhorn                          100. Mt. Axtell
Uncompahgre, and                                                                 O. Telluride
Gunnison National Forests                                                        P. Crested Butte/
Medicine Bow National                                                            CC. Snowy Range 2
Black Hills National Forest                                                      GG. Terry Peak 2
Pike and San Isabel                                                              J. Geneva Basin
National Forests                                                                 K. Ski Cooper
                                                                                 L. Monarch
                                                                                 50. Cuchara Valley
                                                                                 27. Conquistador
RioGrande National Forest                                                        M. Wolf Creek
Routt National Forest                           43. Catamount                    S. Steamboat                           42. Bear Creek
                                                     (Harrison Creek)                                                   48. Fish Creek
                                                                                                                             (North Face)
San Juan National Forest                        54. East Fork 4                  Q. Purgatory                           20. Grey Rock
Shoshone National Forest                                                         EE. Sleeping Giant
                                                                                 FF. Red Lodge
                                                                                     Racing Camp 2
White River National Forest                     63. Adam's Rib 4                 E. Arapahoe Basin3
                                                83. Rifle 5                      F. Breckenridge3
                                                X. Two Elk Creek                    (Peaks 7 & 10)
                                                     (Vail) 4                    G. Copper Mountain3
                                                                                 H. Keystone 3                          76. Montezuma3
                                                                                   (North & South                        (Arapahoe Basin)
                                                                                 Peaks                                  79. Owl Creek
                                                                                    & Jones Gulch)
                                                                                 T. Aspen Highlands                     95. Meadow
                                                                                 U. Aspen Mountain                          Mountain
                                                                                 V. Buttermilk                          94. Little Annie
                                                                                 W. Snowmass                             8. McCoy Park
                                                                                    (Burnt Mountain)
                                                                                 Y. Beaver Creek
                                                                                 Z. Sunlight
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.
R2 SUPPLEMENT 2300-94-5                                                     2340
EFFECTIVE 6/15/94                                                           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

            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

            c. Promotional material relating to the permit holders own or related authorized

            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                                                      2340
EFFECTIVE 6/15/94                                                            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 33-44-
            106 (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

            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                                                     2340
EFFECTIVE 6/15/94                                                           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                                                   2340
EFFECTIVE 6/15/94                                                         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 (yo-
           yo 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
R2 SUPPLEMENT 2300-94-5                                                      2340
EFFECTIVE 6/15/94                                                            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


2347.1 - 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.

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