[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5242-S5243]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2972. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. 10__. 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:

[[Page S5243]]

       ``(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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