In Nevada's Douglas County, where part of Heavenly is located, Sheriff's Sgt. Tom Mezzetta said the Forest Service does not consider out-of-bounds skiers a problem because it does not have to foot the bill for search-and-rescue operations or send out volunteers who risk their lives.

A Douglas County statute prohibits bypassing a man-made barrier designed to prevent skiers from leaving the resort, but many ski resort borders are marked only by a sign that says "ski area boundary."

"We are not saying anyone who goes out into the backcountry is in violation of the law," Mezzetta said. "If they don't intentionally bypass a man-made barrier, then they are not in violation."

Bob Morris, chief deputy district attorney for Nevada's Douglas County, who helped write the skier responsibility code, said the county has a right to make such a law.

The Forest Service disagreed, and pointed out in a story first reported by the Tahoe Daily Tribune that the county can recover search and rescue costs through civil action.

"We have jurisdiction over federal land," Mathes insisted.