[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 254 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 254

 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

                            February 2, 2023

   Mr. Bennet (for himself, Mr. Barrasso, Mr. Wyden, Ms. Lummis, Mr. 
    Hickenlooper, Mr. Crapo, Mr. Kelly, Mr. Daines, Mr. Risch, Mrs. 
 Shaheen, Mrs. Feinstein, Ms. Hassan, and Ms. Cortez Masto) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ski Hill Resources for Economic 
Development Act of 2023''.

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.
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