[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1527 Engrossed in House (EH)]


  2d Session

                               H. R. 1527

_______________________________________________________________________

                                 AN ACT

   To further clarify the authorities and duties of the Secretary of 
Agriculture in issuing ski area permits on National Forest System lands 
   and to withdraw lands within ski area permit boundaries from the 
           operation of the mining and mineral leasing laws.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                H. R. 1527

_______________________________________________________________________

                                 AN ACT


 
   To further clarify the authorities and duties of the Secretary of 
Agriculture in issuing ski area permits on National Forest System lands 
   and to withdraw lands within ski area permit boundaries from the 
           operation of the mining and mineral leasing laws.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SKI AREA PERMIT RENTAL CHARGE.

    (a) The Secretary of Agriculture shall charge a rental charge for 
all ski area permits issued pursuant to section 3 of the National 
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act of March 
4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), or the 9th through 
20th paragraphs under the heading ``SURVEYING THE PUBLIC LANDS'' under 
the heading ``UNDER THE DEPARTMENT OF THE INTERIOR'' in the Act of June 
4, 1897 (30 Stat. 34, chapter 2), on National Forest System lands. 
Permit rental charges for permits issued pursuant to the National 
Forest Ski Area Permit Act of 1986 shall be calculated as set forth in 
subsection (b). Permit rental charges for existing ski area permits 
issued pursuant to the Act of March 4, 1915, and the Act of June 4, 
1897, shall be calculated in accordance with those existing permits: 
Provided, That a permittee may, at the permittee's option, use the 
calculation method set forth in subsection (b).
    (b)(1) The ski area permit rental charge (SAPRC) shall be 
calculated by adding the permittee's gross revenues from lift ticket/
year-round ski area use pass sales plus revenue from ski school 
operations (LT+SS) and multiplying such total by the slope transport 
feet percentage (STFP) on National Forest System land. That amount 
shall be increased by the gross year-round revenue from ancillary 
facilities (GRAF) physically located on national forest land, including 
all permittee or subpermittee lodging, food service, rental shops, 
parking and other ancillary operations, to determine the adjusted gross 
revenue (AGR) subject to the permit rental charge. The final rental 
charge shall be calculated by multiplying the AGR by the following 
percentages for each revenue bracket and adding the total for each 
revenue bracket:
            (A) 1.5 percent of all adjusted gross revenue below 
        $3,000,000;
            (B) 2.5 percent for adjusted gross revenue between 
        $3,000,000 and $15,000,000;
            (C) 2.75 percent for adjusted gross revenue between 
        $15,000,000 and $50,000,000; and
            (D) 4.0 percent for the amount of adjusted gross revenue 
        that exceeds $50,000,000.
    Utilizing the abbreviations indicated in this subsection the ski 
area permit fee (SAPF) formula can be simply illustrated as:

      SAPF=((LT+SS)<greek-e>STFP)+GRAF=AGR; AGR<greek-e>% BRACKETS

    (2) In cases where ski areas are only partially located on national 
forest lands, the slope transport feet percentage on national forest 
land referred to in subsection (b) shall be calculated as generally 
described in the Forest Service Manual in effect as of January 1, 1992. 
Revenues from Nordic ski operations shall be included or excluded from 
the rental charge calculation according to the percentage of trails 
physically located on national forest land.
    (3) In order to ensure that the rental charge remains fair and 
equitable to both the United States and ski area permittees, the 
adjusted gross revenue figures for each revenue bracket in paragraph 
(1) shall be adjusted annually by the percent increase or decrease in 
the national Consumer Price Index for the preceding calendar year. No 
later than 3 years after the date of enactment of this Act and 
periodically thereafter the Secretary shall submit to the Committee on 
Energy and Natural Resources of the United States Senate and the 
Committee on Resources of the United States House of Representatives a 
report analyzing whether the ski area permit rental charge legislated 
by this Act is returning a fair market value rental to the United 
States together with any recommendations the Secretary may have for 
modifications of the system.
    (c) The rental charge set forth in subsection (b) shall be due on 
June 1 of each year and shall be paid or pre-paid by the permittee on a 
monthly, quarterly, annual or other schedule as determined appropriate 
by the Secretary in consultation with the permittee. Unless mutually 
agreed otherwise by the Secretary and the permittee, the payment or 
prepayment schedule shall conform to the permittee's schedule in effect 
prior to enactment of this Act. To reduce costs to the permittee and 
the Forest Service, the Secretary shall each year provide the permittee 
with a standardized form and worksheets (including annual rental charge 
calculation brackets and rates) to be used for rental charge 
calculation and submitted with the rental charge payment. Information 
provided on such forms shall be compiled by the Secretary annually and 
kept in the Office of the Chief, United States Forest Service.
    (d) The ski area permit rental charge set forth in this section 
shall become effective on June 1, 1996 and cover receipts retroactive 
to June 1, 1995: Provided, however, That if a permittee has paid rental 
charges for the period June 1, 1995, to June 1, 1996, under the 
graduated rate rental charge system formula in effect prior to the date 
of enactment of this Act, such rental charges shall be credited toward 
the new rental charge due on June 1, 1996. In order to ensure 
increasing rental charge receipt levels to the United States during 
transition from the graduated rate rental charge system formula of this 
Act, the rental charge paid by any individual permittee shall be--
            (1) for the 1995-1996 permit year, either the rental charge 
        paid for the preceding 1994-1995 base year or the rental charge 
        calculated pursuant to this Act, whichever is higher;
            (2) for the 1996-1997 permit year, either the rental charge 
        paid for the 1994-1995 base year or the rental charge 
        calculated pursuant to this Act, whichever is higher;
            (3) for the 1997-1998 permit year, either the rental charge 
        for the 1994-1995 base year or the rental charge calculated 
        pursuant to this Act, whichever is higher.
If an individual permittee's adjusted gross revenue for the 1995-1996, 
1996-1997, or 1997-1998 permit years falls more than 10 percent below 
the 1994-1995 base year, the rental charge paid shall be the rental 
charge calculated pursuant to this Act.
    (e) Under no circumstances shall revenue, or subpermittee revenue 
(other than lift ticket, area use pass, or ski school sales) obtained 
from operations physically located on non-national forest land be 
included in the ski area permit rental charge calculation.
    (f) To reduce administrative costs of ski area permittees and the 
Forest Service the terms ``revenue'' and ``sales'', as used in this 
section, shall mean actual income from sales and shall not include 
sales of operating equipment, refunds, rent paid to the permittee by 
sublessees, sponsor contributions to special events or any amounts 
attributable to employee gratuities or employee lift tickets, 
discounts, or other goods or services (except for bartered goods and 
complimentary life tickets) for which the permittee does not receive 
money.
    (g) In cases where an area of national forest land is under a ski 
area permit but the permittee does not have revenue or sales qualifying 
for rental charge payment pursuant to subsection (a), the permittee 
shall pay an annual minimum rental charge of $2 for each national 
forest acre under permit or a percentage of appraised land value, as 
determined appropriate by the Secretary.
    (h) Where the new rental charge provided for in subsection (b)(1) 
results in an increase in permit rental charge greater than one half of 
one percent of the permittee's adjusted gross revenue as determined 
under subsection (b)(1), the new rental charge shall be phased in over 
a five year period in a manner providing for increases for 
approximately equal increments.
    (i) To reduce federal costs in administering the provisions of this 
Act, the reissuance of a ski area permit to provide activities similar 
in nature and amount to the activities provided under the previous 
permit shall not constitute a major Federal action for the purposes of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).

SEC. 2. WITHDRAWALS.

    Subject to valid existing rights, all lands located within the 
boundaries of ski area permits issued prior to, on or after the date of 
enactment of this Act pursuant to authority of the Act of March 4, 1915 
(38 Stat. 1101, chapter 144; 16 U.S.C. 497), and the Act of June 4, 
1897, or the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 
497b) are hereby and henceforth automatically withdrawn from all forms 
of appropriation under the mining laws and from disposition under all 
laws pertaining to mineral and geothermal leasing and all amendments 
thereto. Such withdrawal shall continue for the full term of the permit 
and any modification, reissuance, or renewal thereof. Unless the 
Secretary requests otherwise of the Secretary of the Interior, such 
withdrawal shall be canceled automatically upon expiration or other 
termination of the permit and the land automatically restored to all 
appropriation not otherwise restricted under the public land laws.

            Passed the House of Representatives April 30, 1996.

            Attest:

                                                                 Clerk.