According to the U.S. Forest Service, Aspen Ski Company is acting within its rights as the holder of a special use permit for the national forest, imposing new fees for uphill people.
Roger Poirier, Recreation Staff Officer of the White River National Forest, said that ski resort operators must submit an annual operating plan. Skico's 2021-22 plan proposes an uphill toll of US$69. Approved by Baihe staff.
Poirier said that resort operators cannot charge entrance fees just for entering the national forest, which is public land. However, they are allowed to charge for services, he said.
People who are peeling, snowshoeing or hiking uphill in winter can use parking lots, bathrooms, clean slopes, avalanche control and ski patrol assistance. "These are just a few," Poirier said.
He said that the popularity of the uphill movement in recent years shows that there is a great demand for services.
"There is a reason why people go skiing in Ajax instead of remote areas," Poirier said.
Skico announced on Monday that it will begin charging for uphill passes for the first time in its 75 seasons. Uphillers will have to display the picture pass in the armband worn on the sleeve. They will accept random checks by ski patrol teams and mountain operators to ensure compliance.
Some observers claimed in comments on Facebook that uphill fees are illegal because Skico does not own the national forest. Poirier said that after Skico's announcement, he received some inquiries and complaints about the policy.
"People like the public land here," he said.
Poirier said he pointed out to people who contacted him that Skico could charge a fee and explained why.
Aspen Snowmass is at least the fourth resort in the White River National Forest to implement uphill fees. Sunlight Mountain Resort’s season pass for 2020-21 costs US$50 and a single visit costs US$10. The uphill passes for Copper Mountain and Arapahoe Basin last season cost $59. All three ski resorts provide free uphill passes to those who purchase season passes. Aspen Skiing Co. will also provide free uphill passes to those who purchase the Premier Pass.
"The uphill pass is a new product," Poirier said.
He pointed out that those uphill who don't like the paid game policy can choose not to pay and lay the slope outside the ski area, but they will not get services such as avalanche control or slope trimming.
The 11 ski resorts in the Baihe National Forest account for less than 2% of the 2.3 million acres in the Baihe National Forest.
"There are many free places to go," Poirier said.
However, he believes that uphill fees may result in more people participating in this activity, not fewer people. Poirier said it will raise awareness of the event and “consolidate” its position as an option. Some resorts have begun to guide people up the mountain or cooperate with companies that provide services.
The Forest Service sees the uphill slopes of some resorts as another way to meet the needs of public events.
Ski resorts need to pay for the use of public land in their operations. Baihe National Forest used to disclose the amount of fees based on resorts. Now it is only reporting a one-time payment after Vail Resorts complained about disclosing personal payments.
In the 2017 fiscal year of the federal government, 11 ski resorts in White River paid a total of US$20.8 million to the Forest Service. These include $105,917 for Aspen Mountain; $441,049 for Aspen Heights; $1,624,731 for Snowmass; and $267,380 for buttermilk.
Aspen Mountain has a high percentage of private land within the boundaries of the ski area.
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