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Union Calendar No. 251

104TH CONGRESS

2D SESSION H. R. 1527

[Report No. 104–516, Part I]

To amend the National Forest Ski Area Permit Act of 1986 to clarify

the authorities and duties of the Secretary of Agriculture in issuing

ski area permits on National Forest System lands and to withdraw

lands within ski area permit boundaries from the operation of the mining

and mineral leasing laws.

IN THE HOUSE OF REPRESENTATIVES

MAY 1, 1995

Mr. YOUNG of Alaska introduced the following bill; which was referred to the

Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

APRIL 15, 1996

Reported from the Committee on Resources with amendments

[Strike out all after the enacting clause and insert the part printed in italic]

APRIL 15, 1996

Referral to the Committee on Agriculture extended for a period ending not

later than April 15, 1996

APRIL 15, 1996

Additional sponsors: Mr. METCALF, Ms. DUNN of Washington, Mr. CRAPO,

Mr. LEWIS of California, Mr. HAYWORTH, Mr. COOLEY of Oregon, Mr.

NETHERCUTT, Mr. HASTINGS of Washington, Mr. MOORHEAD, Mrs.

VUCANOVICH, Mrs. WALDHOLTZ, Mr. MCINNIS, Mr. SKAGGS, and Mr.

ZELIFF

APRIL 15, 1996

Committee on Agriculture discharged; committed to the Committee of the

Whole House on the State of the Union, and ordered to be printed
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[For text of introduced bill, see copy of bill as introduced on May 1, 1995]

A BILL

To amend the National Forest Ski Area Permit Act of 1986

to clarify the authorities and duties of the Secretary

of Agriculture in issuing ski area permits on National

Forest System lands and to withdraw lands within ski

area permit boundaries from the operation of the mining

and mineral leasing laws.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SKI AREA PERMIT RENTAL CHARGE.

4 (a) The Secretary of Agriculture shall charge a rental

5 charge for all ski area permits issued pursuant to section

6 3 of the National Forest Ski Area Permit Act of 1986 (16

7 U.S.C. 497b), the Act of March 4, 1915 (38 Stat. 1101,

8 chapter 144; 16 U.S.C. 497), or the 9th through 20th para9 graphs under the heading ‘‘SURVEYING THE PUBLIC

10 LANDS’’ under the heading ‘‘UNDER THE DEPART11 MENT OF THE INTERIOR’’ in the Act of June 4, 1897

12 (30 Stat. 34, chapter 2), on National Forest System lands.

13 Permit rental charges for permits issued pursuant to the

14 National Forest Ski Area Permit Act of 1986 shall be cal15 culated as set forth in subsection (b). Permit rental charges

16 for existing ski area permits issued pursuant to the Act of

17 March 4, 1915, and the Act of June 4, 1897, shall be cal-
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1 culated in accordance with those existing permits: Provided,

2 That a permittee may, at the permittee’s option, use the

3 calculation method set forth in subsection (b).

4 (b)(1) The ski area permit rental charge (SAPRC)

5 shall be calculated by adding the permittee’s gross revenues

6 from lift ticket/year-round ski area use pass sales plus reve7 nue from ski school operations (LT+SS) and multiplying

8 such total by the slope transport feet percentage (STFP) on

9 National Forest System land. That amount shall be in10 creased by the gross year-round revenue from ancillary fa11 cilities (GRAF) physically located on national forest land,

12 including all permittee or subpermittee lodging, food serv13 ice, rental shops, parking and other ancillary operations,

14 to determine the adjusted gross revenue (AGR) subject to

15 the permit rental charge. The final rental charge shall be

16 calculated by multiplying the AGR by the following per17 centages for each revenue bracket and adding the total for

18 each revenue bracket:

19 (A) 1.5 percent of all adjusted gross revenue

20 below $3,000,000;

21 (B) 2.5 percent for adjusted gross revenue be22 tween $3,000,000 and $15,000,000;

23 (C) 2.75 percent for adjusted gross revenue be24 tween $15,000,000 and $50,000,000; and
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1 (D) 4.0 percent for the amount of adjusted gross

2 revenue that exceeds $50,000,000.

3 Utilizing the abbreviations indicated in this subsection

4 the ski area permit fee (SAPF) formula can be simply illus5 trated as:

SAPF=((LT+SS)×STFP)+GRAF=AGR; AGR×% BRACKETS

6 (2) In cases where ski areas are only partially located

7 on national forest lands, the slope transport feet percentage

8 on national forest land referred to in subsection (b) shall

9 be calculated as generally described in the Forest Service

10 Manual in effect as of January 1, 1992. Revenues from Nor11 dic ski operations shall be included or excluded from the

12 rental charge calculation according to the percentage of

13 trails physically located on national forest land.

14 (3) In order to ensure that the rental charge remains

15 fair and equitable to both the United States and ski area

16 permittees, the adjusted gross revenue figures for each reve17 nue bracket in paragraph (1) shall be adjusted annually

18 by the percent increase or decrease in the national

19 Consumer Price Index for the preceding calendar year. No

20 later than 3 years after the date of enactment of this Act

21 and periodically thereafter the Secretary shall submit to the

22 Committee on Energy and Natural Resources of the United

23 States Senate and the Committee on Resources of the United

24 States House of Representatives a report analyzing whether

25 the ski area permit rental charge legislated by this Act is
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1 returning a fair market value rental to the United States

2 together with any recommendations the Secretary may have

3 for modifications of the system.

4 (c) The rental charge set forth in subsection (b) shall

5 be due on June 1 of each year and shall be paid or pre6 paid by the permittee on a monthly, quarterly, annual or

7 other schedule as determined appropriate by the Secretary

8 in consultation with the permittee. Unless mutually agreed

9 otherwise by the Secretary and the permittee, the payment

10 or prepayment schedule shall conform to the permittee’s

11 schedule in effect prior to enactment of this Act. To reduce

12 costs to the permittee and the Forest Service, the Secretary

13 shall each year provide the permittee with a standardized

14 form and worksheets (including annual rental charge cal15 culation brackets and rates) to be used for rental charge

16 calculation and submitted with the rental charge payment.

17 Information provided on such forms shall be compiled by

18 the Secretary annually and kept in the Office of the Chief,

19 U.S. Forest Service.

20 (d) The ski area permit rental charge set forth in this

21 section shall become effective on June 1, 1996 and cover re22 ceipts retroactive to June 1, 1995: Provided, however, That

23 if a permittee has paid rental charges for the period June

24 1, 1995, to June 1, 1996, under the graduated rate rental

25 charge system formula in effect prior to the date of enact-
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1 ment of this Act, such rental charges shall be credited to2 ward the new rental charge due on June 1, 1996. In order

3 to ensure increasing rental charge receipt levels to the

4 United States during transition from the graduated rate

5 rental charge system formula of this Act, the rental charge

6 paid by any individual permittee shall be—

7 (1) for the 1995–1996 permit year, either the

8 rental charge paid for the preceding 1994–1995 base

9 year or the rental charge calculated pursuant to this

10 Act, whichever is higher;

11 (2) for the 1996–1997 permit year, either the

12 rental charge paid for the 1994–1995 base year or the

13 rental charge calculated pursuant to this Act, which14 ever is higher;

15 (3) for the 1997–1998 permit year, either the

16 rental charge for the 1994–1995 base year or the rent17 al charge calculated pursuant to this Act, whichever

18 is higher.

19 If an individual permittee’s adjusted gross revenue for the

20 1995–1996, 1996–1997, or 1997–1998 permit years falls

21 more than 10 percent below the 1994–1995 base year, the

22 rental charge paid shall be the rental charge calculated pur23 suant to this Act.

24 (e) Under no circumstances shall revenue, or

25 subpermittee revenue (other than lift ticket, area use pass,
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1 or ski school sales) obtained from operations physically lo2 cated on non-national forest land be included in the ski

3 area permit rental charge calculation.

4 (f) To reduce administrative costs of ski area permit5 tees and the Forest Service the terms ‘‘revenue’’ and ‘‘sales’’,

6 as used in this section, shall mean actual income from sales

7 and shall not include sales of operating equipment, refunds,

8 rent paid to the permittee by sublessees, sponsor contribu9 tions to special events or any amounts attributable to em10 ployee gratuities or employee lift tickets, discounts, or other

11 goods or services (except for bartered goods and complimen12 tary life tickets) for which the permittee does not receive

13 money.

14 (g) In cases where an area of national forest land is

15 under a ski area permit but the permittee does not have

16 revenue or sales qualifying for rental charge payment pur17 suant to subsection (a), the permittee shall pay an annual

18 minimum rental charge of $2 for each national forest acre

19 under permit or a percentage of appraised land value, as

20 determined appropriate by the Secretary.

21 (h) Where the new rental charge provided for in sub22 section (b)(1) results in an increase in permit rental charge

23 greater than one half of one percent of the permittee’s ad24 justed gross revenue as determined under subsection (b)(1),

25 the new rental charge shall be phased in over a five year
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1 period in a manner providing for increases for approxi2 mately equal increments.

3 (i) To reduce federal costs in administering the provi4 sions of this Act, the reissuance of a ski area permit to pro5 vide activities similar in nature and amount to the activi6 ties provided under the previous permit shall not constitute

7 a major Federal action for the purposes of the National En8 vironmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).

9 SEC. 2. WITHDRAWALS.

10 Subject to valid existing rights, all lands located with11 in the boundaries of ski area permits issued prior to, on

12 or after the date of enactment of this Act pursuant to au13 thority of the Act of March 4, 1915 (38 Stat. 1101, chapter

14 144; 16 U.S.C. 497), and the Act of June 4, 1897, or the

15 National Forest Ski Area Permit Act of 1986 (16 U.S.C.

16 497b) are hereby and henceforth automatically withdrawn

17 from all forms of appropriation under the mining laws and

18 from disposition under all laws pertaining to mineral and

19 geothermal leasing and all amendments thereto. Such with20 drawal shall continue for the full term of the permit and

21 any modification, reissuance, or renewal thereof. Unless the

22 Secretary requests otherwise of the Secretary of the Interior,

23 such withdrawal shall be canceled automatically upon expi24 ration or other termination of the permit and the land auto-
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1 matically restored to all appropriation not otherwise re2 stricted under the public land laws.

Amend the title so as to read: ‘‘A bill to further clarify the authorities and duties of the Secretary of Agriculture in issuing ski area permits on National Forest

System lands and to withdraw lands within ski area permit boundaries from the operation of the mining and

mineral leasing laws.’’.
Union Calendar No. 251

104TH CONGRESS

2D SESSION H. R. 1527

[Report No. 104–516, Part I]

A BILL

To amend the National Forest Ski Area Permit Act

leasing laws.from the operation of the mining and mineralwithdraw lands within ski area permit boundariespermits on National Forest System lands and tothe Secretary of Agriculture in issuing ski areaof 1986 to clarify the authorities and duties of

APRIL 15, 1996

Committee on Agriculture discharged; committed to the

Union, and ordered to be printedCommittee of the Whole House on the State of the