[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1964 Reported in Senate (RS)]
<DOC>
Calendar No. 253
117th CONGRESS
2d Session
S. 1964
[Report No. 117-56]
To amend the Omnibus Parks and Public Lands Management Act of 1996 to
provide for the establishment of a Ski Area Fee Retention Account, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2021
Mr. Bennet (for himself, Mr. Barrasso, Ms. Rosen, Ms. Cortez Masto, Mr.
Hickenlooper, Mr. Risch, Mr. Crapo, Mr. Wyden, Mrs. Shaheen, Ms.
Hassan, Mr. Kelly, Ms. Lummis, Mr. Daines, Ms. Cantwell, Mr. Heinrich,
and Mrs. Feinstein) introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
January 19 (legislative day, January 18), 2022
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Omnibus Parks and Public Lands Management Act of 1996 to
provide for the establishment of a Ski Area Fee Retention Account, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Ski Hill Resources for
Economic Development Act of 2021''.</DELETED>
<DELETED>SEC. 2. ESTABLISHMENT OF SKI AREA FEE RETENTION
ACCOUNT.</DELETED>
<DELETED> (a) In General.--Section 701 of division I of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C. 497c) is
amended by adding at the end the following:</DELETED>
<DELETED> ``(k) Ski Area Fee Retention Account.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Account.--The term `Account' means
the Ski Area Fee Retention Account established under
paragraph (2).</DELETED>
<DELETED> ``(B) Covered unit.--The term `covered
unit' means a unit of the National Forest System that
collects a rental charge.</DELETED>
<DELETED> ``(C) Program.--The term `Program' means
the Forest Service Ski Area Program.</DELETED>
<DELETED> ``(D) Region.--The term `region' means a
region of the Forest Service.</DELETED>
<DELETED> ``(E) Rental charge.--The term `rental
charge' means a permit rental charge that is charged
under subsection (a).</DELETED>
<DELETED> ``(F) Secretary.--The term `Secretary'
means the Secretary of Agriculture.</DELETED>
<DELETED> ``(2) Establishment.--The Secretary of the
Treasury shall establish in the Treasury a special account, to
be known as the `Ski Area Fee Retention Account', into which
there shall be deposited--</DELETED>
<DELETED> ``(A) in the case of a covered unit at
which $15,000,000 or more is collected by the covered
unit from rental charges in a fiscal year, an amount
equal to 60 percent of the rental charges collected at
the covered unit in the fiscal year; or</DELETED>
<DELETED> ``(B) in the case of any other covered
unit, an amount equal to 75 percent of the rental
charges collected at the covered unit in a fiscal
year.</DELETED>
<DELETED> ``(3) Availability.--Subject to paragraph (5), any
amounts deposited in the Account under paragraph (2) shall be
available to the Secretary for use in accordance with paragraph
(4), without further appropriation, and shall remain available
until expended.</DELETED>
<DELETED> ``(4) Use and distribution of amounts in the
account.--</DELETED>
<DELETED> ``(A) Distribution of percentage
amounts.--Except as provided in subparagraphs (B), (C),
(D), (F), and (G), 75 percent of the amounts deposited
in the Account from a covered unit at which the rental
charges were collected in the preceding fiscal year
shall be available for expenditure in accordance with
subparagraph (E) at that covered unit.</DELETED>
<DELETED> ``(B) Reduction of percentage amount.--
Subject to subparagraph (C), the Secretary may reduce
the percentage of amounts available to a covered unit
under subparagraph (A) if the Secretary determines that
the amounts will exceed the reasonable needs of the
covered unit for the purposes described in subparagraph
(E) in the fiscal year.</DELETED>
<DELETED> ``(C) Limitation.--The Secretary may not
reduce, pursuant to subparagraph (B), the percentage of
amounts available under subparagraph (A)--</DELETED>
<DELETED> ``(i) in the case of a covered
unit described in paragraph (2)(A), to less
than 25 percent of the amount of rental charges
deposited in the Account from the covered unit
in a fiscal year; or</DELETED>
<DELETED> ``(ii) in the case of any other
covered unit, to less than 40 percent of the
amount of rental charges deposited in the
Account from the covered unit in a fiscal
year.</DELETED>
<DELETED> ``(D) Distribution of reduction amounts.--
The Secretary may make any amounts in the Account
remaining as a result of any reduction in the
percentage of amounts under subparagraph (B) available
to other covered units or the regions in which the
covered units are located for the purposes described in
subparagraph (E), taking into consideration the
following factors:</DELETED>
<DELETED> ``(i) Any backlog in ski area
permit and Program administration in the
covered units, including--</DELETED>
<DELETED> ``(I) the number of
proposals for ski area improvement
projects; and</DELETED>
<DELETED> ``(II) the processing of
proposals for ski area improvement
projects.</DELETED>
<DELETED> ``(ii) Any need for services,
training, staffing, or the streamlining of
programs in the other covered units or the
region in which the covered units are located
that would improve the administration of the
Program.</DELETED>
<DELETED> ``(iii) Any need for wildfire
preparedness, planning, and coordination in and
around ski areas.</DELETED>
<DELETED> ``(E) Authorized expenditures.--Amounts
distributed from the Account to a covered unit under
this subsection may be used for--</DELETED>
<DELETED> ``(i) ski area special use permit
and Program administration in the covered unit,
including--</DELETED>
<DELETED> ``(I) the processing of
proposals for ski area improvement
projects; and</DELETED>
<DELETED> ``(II) staffing and
contracting for that processing and
related services in the covered unit or
in the applicable region;</DELETED>
<DELETED> ``(ii) staff training for
processing of ski area applications and
administering ski area permits in the covered
unit or the region in which the covered unit is
located;</DELETED>
<DELETED> ``(iii) interpretation activities,
visitor information, visitor services, and
signage in the covered unit to enhance the ski
area visitor experience on National Forest
System land; and</DELETED>
<DELETED> ``(iv) wildfire preparedness,
planning, and coordination in and around ski
areas in the covered unit or in the applicable
region.</DELETED>
<DELETED> ``(F) Expenditure for other purposes.--If
any amounts remain in the Account after all necessary
Program expenditures have been made under subparagraph
(D), the Secretary may use the amounts for other
purposes in accordance with subparagraph (G).</DELETED>
<DELETED> ``(G) Other recreation permit
administration, visitor services, and other purposes.--
In addition to any amounts remaining in the Account
described in subparagraph (F), 25 percent of the
amounts deposited in the Account from a covered unit in
which the rental charges were collected shall remain
available for expenditure at that covered unit or the
region in which the covered unit is located for--
</DELETED>
<DELETED> ``(i) administering non-ski area
Forest Service recreation special use
permits;</DELETED>
<DELETED> ``(ii) avalanche information and
education activities carried out by the
Secretary or nonprofit partners;</DELETED>
<DELETED> ``(iii) recreation management,
maintenance, and services; and</DELETED>
<DELETED> ``(iv) administration of leases
under--</DELETED>
<DELETED> ``(I) the Forest Service
Facility Realignment and Enhancement
Act of 2005 (16 U.S.C. 580d note;
Public Law 109-54); and</DELETED>
<DELETED> ``(II) section 8623 of the
Agriculture Improvement Act of 2018 (16
U.S.C. 580d note; Public Law 115-
334).</DELETED>
<DELETED> ``(H) Limitation.--Amounts in the Account
may not be used for--</DELETED>
<DELETED> ``(i) the conduct of wildfire
suppression outside ski area permit boundaries;
or</DELETED>
<DELETED> ``(ii) the acquisition of land for
inclusion in the National Forest
System.</DELETED>
<DELETED> ``(5) Savings provisions.--</DELETED>
<DELETED> ``(A) In general.--Nothing in this
subsection affects the applicability of section 7 of
the Act of April 24, 1950 (commonly known as the
`Granger-Thye Act') (16 U.S.C. 580d), to ski areas on
National Forest System land.</DELETED>
<DELETED> ``(B) Supplemental funding.--Rental
charges retained and expended under this subsection
shall supplement (and not supplant) appropriated
funding for the operation and maintenance of each
covered unit.</DELETED>
<DELETED> ``(C) Cost recovery.--Nothing in this
subsection affects any cost recovery under any other
provision of law for processing applications for or
monitoring compliance with ski area permits or other
recreation special use permits.''.</DELETED>
<DELETED> (b) Effective Date.--This section (including the
amendments made by this section) shall take effect on the date that is
60 days after the date of enactment of this Act.</DELETED>
<DELETED> (c) Implementation.--The Secretary of Agriculture shall
not be required to issue regulations or policy guidance to implement
this section (including the amendments made by this section).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ski Hill Resources for Economic
Development Act of 2021''.
SEC. 2. ESTABLISHMENT OF SKI AREA FEE RETENTION ACCOUNT.
(a) In General.--Section 701 of division I of the Omnibus Parks and
Public Lands Management Act of 1996 (16 U.S.C. 497c) is amended by
adding at the end the following:
``(k) Ski Area Fee Retention Account.--
``(1) Definitions.--In this subsection:
``(A) Account.--The term `Account' means the Ski
Area Fee Retention Account established under paragraph
(2).
``(B) Covered unit.--The term `covered unit' means
the unit of the National Forest System that collects
the ski area permit rental charge under this section.
``(C) Secretary.--The term `Secretary' means the
Secretary of Agriculture.
``(2) Establishment.--The Secretary of the Treasury shall
establish a special account in the Treasury, to be known as the
`Ski Area Fee Retention Account'.
``(3) Deposits.--Subject to paragraphs (4) and (5), a ski
area permit rental charge collected by the Secretary under this
section shall--
``(A) be deposited in the Account;
``(B) be available to the Secretary for use,
without further appropriation; and
``(C) remain available for the period of 4 fiscal
years beginning with the first fiscal year after the
fiscal year in which the ski area permit rental charge
is deposited in the Account under subparagraph (A).
``(4) Distribution of amounts in the account.--
``(A) Local distribution of funds.--
``(i) In general.--Except as provided in
subparagraph (C), the Secretary shall expend 80
percent of the ski area permit rental charges
deposited in the Account from a covered unit at
the covered unit in accordance with clause
(ii).
``(ii) Distribution.--Of the amounts made
available for expenditure under clause (i)--
``(I) 75 percent shall be used at
the covered unit for activities
described in paragraph (5)(A); and
``(II) 25 percent shall be used for
activities at the covered unit
described in paragraph (5)(B).
``(B) Agency-wide distribution of funds.--The
Secretary shall expend 20 percent of the ski area
permit rental charges deposited in the Account from a
covered unit at any unit of the National Forest System
for an activity described in subparagraph (A) or (B) of
paragraph (5).
``(C) Reduction of percentage.--
``(i) Reduction.--The Secretary shall
reduce the percentage otherwise applicable
under subparagraph (A)(i) to not less than 60
percent if the Secretary determines that the
amount otherwise made available under that
subparagraph exceeds the reasonable needs of
the covered unit for which expenditures may be
made in the applicable fiscal year.
``(ii) Distribution of funds.--The balance
of the ski area permit rental charges that are
collected at a covered unit, deposited into the
Account, and not distributed in accordance with
subparagraph (A) or (B) shall be available to
the Secretary for expenditure at any other unit
of the National Forest System in accordance
with the following:
``(I) 75 percent shall be used for
activities described in paragraph
(5)(A).
``(II) 25 percent shall be used for
activities described in paragraph
(5)(B).
``(5) Expenditures.--Amounts available to the Secretary for
expenditure from the Account shall be only used for--
``(A)(i) the administration of the Forest Service
ski area program, including--
``(I) the processing of an application for
a new ski area or a ski area improvement
project, including staffing and contracting for
the processing; and
``(II) administering a ski area permit
described in subsection (a);
``(ii) staff training for--
``(I) the processing of an application
for--
``(aa) a new ski area;
``(bb) a ski area improvement
project; or
``(cc) a special use permit; or
``(II) administering--
``(aa) a ski area permit described
in subsection (a); or
``(bb) a special use permit;
``(iii) an interpretation activity, National Forest
System visitor information, a visitor service, or
signage;
``(iv) direct costs associated with collecting a
ski area permit rental charge or other fee collected by
the Secretary related to recreation;
``(v) planning for, or coordinating to respond to,
a wildfire in or adjacent to a recreation site,
particularly a ski area; or
``(vi) reducing the likelihood of a wildfire
starting, or the risks posed by a wildfire, in or
adjacent to a recreation site, particularly a ski area,
except through hazardous fuels reduction activities; or
``(B)(i) the repair, maintenance, or enhancement of a
Forest Service-owned facility, road, or trail directly related
to visitor enjoyment, visitor access, or visitor health or
safety;
``(ii) habitat restoration directly related to recreation;
``(iii) law enforcement related to public use and
recreation;
``(iv) the construction or expansion of parking areas;
``(v) the processing or administering of a recreation
special use permit;
``(vi) avalanche information and education activities
carried out by the Secretary or nonprofit partners;
``(vii) search and rescue activities carried out by the
Secretary, a local government, or a nonprofit partner; or
``(viii) the administration of leases under--
``(I) the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note; Public
Law 109-54); and
``(II) section 8623 of the Agriculture Improvement
Act of 2018 (16 U.S.C. 580d note; Public Law 115-334).
``(6) Limitation.--Amounts in the Account may not be used
for--
``(A) the conduct of wildfire suppression; or
``(B) the acquisition of land for inclusion in the
National Forest System.
``(7) Effect.--
``(A) In general.--Nothing in this subsection
affects the applicability of section 7 of the Act of
April 24, 1950 (commonly known as the `Granger-Thye
Act') (16 U.S.C. 580d), to ski areas on National Forest
System land.
``(B) Supplemental funding.--Rental charges
retained and expended under this subsection shall
supplement (and not supplant) appropriated funding for
the operation and maintenance of each covered unit.
``(C) Cost recovery.--Nothing in this subsection
affects any cost recovery under any provision of law
(including regulations) for processing an application
for or monitoring compliance with a ski area permit or
other recreation special use permit.''.
(b) Effective Date.--This section (including the amendments made by
this section) shall take effect on the date that is 60 days after the
date of enactment of this Act.
Calendar No. 253
117th CONGRESS
2d Session
S. 1964
[Report No. 117-56]
_______________________________________________________________________
A BILL
To amend the Omnibus Parks and Public Lands Management Act of 1996 to
provide for the establishment of a Ski Area Fee Retention Account, and
for other purposes.
_______________________________________________________________________
January 19 (legislative day, January 18), 2022
Reported with an amendment