Ski Hill Resources for Economic Development Act of 2023
This bill allocates ski area permit rental charges for ski area administration, improvements, visitor services, and wildfire preparedness. Such charges are collected by the Department of Agriculture (USDA) from ski area operators on National Forest System land.
USDA shall expend 80% of the ski area permit rental charges from a National Forest System unit at that unit in accordance with the following:
The remaining 20% of ski area permit rental charges shall be expended by USDA for any of the activities specified in this bill at any National Forest System unit.
[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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
Committee on Energy and Natural Resources. Reported by Senator Manchin without amendment. Without written report.
Committee on Energy and Natural Resources. Reported by Senator Manchin without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 575.
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