115 S1964 RS: Ski Hill Resources for Economic Development Act of 2021 U.S. Senate 2022-01-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IICalendar No. 253117th CONGRESS2d SessionS. 1964[Report No. 117–56]IN THE SENATE OF THE UNITED STATESJune 8, 2021Mr. 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 ResourcesJanuary 19 (legislative day, January 18), 2022Reported by Mr. Manchin, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo 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.
1.
Short title
This Act may be cited as the Ski Hill Resources for Economic Development Act of 2021.
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 a unit of the National Forest System that collects a rental charge.(C)
Program
The term Program means the Forest Service Ski Area Program.(D)
Region
The term region means a region of the Forest Service.(E)
Rental charge
The term rental charge means a permit rental charge that is charged under subsection (a).(F)
Secretary
The term Secretary means the Secretary of Agriculture.(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—(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(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.(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.(4)
Use and distribution of amounts in the Account
(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.(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.(C)
Limitation
The Secretary may not reduce, pursuant to subparagraph (B), the percentage of amounts available under subparagraph (A)—(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(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.(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:(i)Any backlog in ski area permit and Program administration in the covered units, including—(I)the number of proposals for ski area improvement projects; and(II)the processing of proposals for ski area improvement projects.(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.(iii)Any need for wildfire preparedness, planning, and coordination in and around ski areas.(E)
Authorized expenditures
Amounts distributed from the Account to a covered unit under this subsection may be used for—(i)ski area special use permit and Program administration in the covered unit, including—(I)the processing of proposals for ski area improvement projects; and(II)staffing and contracting for that processing and related services in the covered unit or in the applicable region;(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;(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(iv)wildfire preparedness, planning, and coordination in and around ski areas in the covered unit or in the applicable region.(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).(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—(i)administering non-ski area Forest Service recreation special use permits;(ii)avalanche information and education activities carried out by the Secretary or nonprofit partners;(iii)recreation management, maintenance, and services; and(iv)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).(H)
Limitation
Amounts in the Account may not be used for—(i)the conduct of wildfire suppression outside ski area permit boundaries; or(ii)the acquisition of land for inclusion in the National Forest System.(5)
Savings provisions
(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 other provision of law for processing applications for or monitoring compliance with ski area permits or other recreation special use permits..(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.(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).
1.
Short title
This Act may be cited as the Ski Hill Resources for Economic Development Act of 2021.
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.
January 19 (legislative day, January 18), 2022Reported with an amendment