[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