[Congressional Record Volume 164, Number 124 (Tuesday, July 24, 2018)]
[Senate]
[Page S5275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3425. Mr. GARDNER submitted an amendment intended to be proposed
by him to the bill H.R. 6147, making appropriations for the Department
of the Interior, environment, and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of title IV of division A, add the following:
establishment of ski area fee retention account
Sec. 43___. (a) 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
National Forest which collects a rental charge under this
section.
``(C) Region.--The term `Region' means a Forest Service
Region.
``(D) Rental charge.--The term `rental charge' means a
permit rental charge that is charged under subsection (a).
``(E) 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 not less than
$15,000,000 is collected by the covered unit from rental
charges in a fiscal year, an amount equal to 50 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 65 percent of the rental charges collected at the
covered unit in a fiscal year.
``(3) Availability.--Subject to paragraphs (4), (5), and
(6), any amounts deposited in the Account under paragraph (2)
shall remain available for expenditure, without further
appropriation, until expended.
``(4) Local distribution of amounts in the account.--
``(A) In general.--Except as provided in subparagraph (B),
100 percent of the amounts deposited in the Account from a
specific covered unit shall remain available for expenditure
at the covered unit at which the rental charges were
collected.
``(B) Reduction.--
``(i) In general.--Subject to clause (ii), the Secretary
may reduce the percentage of amounts available to a covered
unit under subparagraph (A) if the Secretary determines that
the rental charges collected at the covered unit exceed the
reasonable needs of the covered unit for that fiscal year for
authorized expenditures described in paragraph (5)(A).
``(ii) Limitation.--The Secretary may not reduce the
percentage of amounts available under clause (i)--
``(I) in the case of a covered unit described in paragraph
(2)(A), to less than 35 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
50 percent of the amount of rental charges deposited in the
Account from the covered unit in a fiscal year.
``(C) Transfer to other covered units.--
``(i) Distribution.--If the Secretary determines that the
percentage of amounts otherwise available to a covered unit
under subparagraph (A) should be reduced under subparagraph
(B), the Secretary may transfer to other covered units, for
allocation in accordance with clause (ii), the percentage of
the amounts withheld from the covered unit under subparagraph
(B), to be expended by the other covered units in accordance
with paragraph (5).
``(ii) Criteria.--In determining the allocation of amounts
to be transferred under clause (i) among other covered units,
the Secretary shall consider--
``(I) the number of proposals for ski area improvements in
the other covered units;
``(II) any backlog in ski area permit administration or the
processing of ski area proposals in the other covered units;
and
``(III) any need for services, training, staffing, or
streamlining programs in the other covered units or the
Region in which they are located that would improve the
administration of the Forest Service Ski Area Program.
``(5) Authorized expenditures.--
``(A) In general.--Amounts distributed from the Account to
a covered unit under this subsection may be used for--
``(i) ski area special use permit administration and
processing of proposals for ski area improvement projects in
the covered unit, including staffing and contracting for such
administration, process, or services through the unit or the
Region;
``(ii) any expenses that the Forest Service would have
otherwise applied to ski area permittees through cost
recovery pursuant to part 251 of title 36, Code of Federal
Regulations (or successor regulations);
``(iii) training programs on processing ski area
applications, administering ski area permits, or ski area
process streamlining in the covered unit or the Region in
which the unit is located; and
``(iv) interpretation activities, visitor information,
visitor services, and signage in the covered unit to
enhance--
``(I) the ski area visitor experience on National Forest
System land; and
``(II) avalanche information and education activities
carried out by the Forest Service.
``(B) Other uses.--If any amounts are still available in
the Account after all ski area permit-related expenditures
under subparagraph (A) are made, including amounts
transferred to other covered units pursuant to paragraph
(4)(C), such remaining amounts in the Account may be applied
to permit administration for other (non-ski area) Forest
Service recreation special use permits at the discretion of
the Secretary. The Secretary shall first determine that all
ski area-related permit administration, processing and
interpretation needs have been met in all covered units and
Regions before applying any remaining amounts in the Account
to non-ski area uses.
``(C) Limitation.--Amounts in the Account may not be used
for--
``(i) the conduct of wildfire suppression or preparedness
activities;
``(ii) the conduct of biological monitoring on National
Forest System land under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) for listed species or candidate
species, except as required by law for environmental review
of ski area projects;
``(iii) the acquisition of land for inclusion in the
National Forest System; or
``(iv) Forest Service administrative sites.
``(6) 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) Revenue allocation payments.--Rental charges
deposited in the Account under paragraph (2) shall be
considered to be amounts received from the National Forest
System for purposes of calculating amounts to be paid under--
``(i) the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7101 et seq.);
``(ii) the sixth paragraph under the heading `forest
service' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C.
500);
``(iii) section 13 of the Act of March 1, 1911 (36 Stat.
963; 16 U.S.C. 500); and
``(iv) chapter 69 of title 31, United States Code.
``(C) 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.''.
(b) 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) 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).
______