II

Calendar No. 390

104TH CONGRESS

2D SESSION H. R. 1527

IN THE SENATE OF THE UNITED STATES

MAY 1, 1996

Received; read twice and placed on the calendar

AN ACT

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.
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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

7 (16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat.

8 1101, chapter 144; 16 U.S.C. 497), or the 9th through

9 20th paragraphs under the heading ‘‘SURVEYING THE

10 PUBLIC LANDS’’ under the heading ‘‘UNDER THE

11 DEPARTMENT OF THE INTERIOR’’ in the Act of

12 June 4, 1897 (30 Stat. 34, chapter 2), on National Forest

13 System lands. Permit rental charges for permits issued

14 pursuant to the National Forest Ski Area Permit Act of

15 1986 shall be calculated as set forth in subsection (b).

16 Permit rental charges for existing ski area permits issued

17 pursuant to the Act of March 4, 1915, and the Act of

18 June 4, 1897, shall be calculated in accordance with those

19 existing permits: Provided, That a permittee may, at the

20 permittee’s option, use the calculation method set forth

21 in subsection (b).

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

23 shall be calculated by adding the permittee’s gross reve24 nues from lift ticket/year-round ski area use pass sales

25 plus revenue from ski school operations (LT+SS) and
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1 multiplying such total by the slope transport feet percent2 age (STFP) on National Forest System land. That

3 amount shall be increased by the gross year-round revenue

4 from ancillary facilities (GRAF) physically located on na5 tional forest land, including all permittee or subpermittee

6 lodging, food service, rental shops, parking and other an7 cillary operations, to determine the adjusted gross revenue

8 (AGR) subject to the permit rental charge. The final rent9 al charge shall be calculated by multiplying the AGR by

10 the following percentages for each revenue bracket and

11 adding the total for each revenue bracket:

12 (A) 1.5 percent of all adjusted gross revenue

13 below $3,000,000;

14 (B) 2.5 percent for adjusted gross revenue be15 tween $3,000,000 and $15,000,000;

16 (C) 2.75 percent for adjusted gross revenue be17 tween $15,000,000 and $50,000,000; and

18 (D) 4.0 percent for the amount of adjusted

19 gross revenue that exceeds $50,000,000.

20 Utilizing the abbreviations indicated in this sub21 section the ski area permit fee (SAPF) formula can be

22 simply illustrated as:

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

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

24 on national forest lands, the slope transport feet percent25 age on national forest land referred to in subsection (b)
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1 shall be calculated as generally described in the Forest

2 Service Manual in effect as of January 1, 1992. Revenues

3 from Nordic ski operations shall be included or excluded

4 from the rental charge calculation according to the per5 centage of trails physically located on national forest land.

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

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

8 permittees, the adjusted gross revenue figures for each

9 revenue bracket in paragraph (1) shall be adjusted annu10 ally by the percent increase or decrease in the national

11 Consumer Price Index for the preceding calendar year. No

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

13 and periodically thereafter the Secretary shall submit to

14 the Committee on Energy and Natural Resources of the

15 United States Senate and the Committee on Resources of

16 the United States House of Representatives a report ana17 lyzing whether the ski area permit rental charge legislated

18 by this Act is returning a fair market value rental to the

19 United States together with any recommendations the

20 Secretary may have for modifications of the system.

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

22 be due on June 1 of each year and shall be paid or pre23 paid by the permittee on a monthly, quarterly, annual or

24 other schedule as determined appropriate by the Secretary

25 in consultation with the permittee. Unless mutually agreed
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1 otherwise by the Secretary and the permittee, the payment

2 or prepayment schedule shall conform to the permittee’s

3 schedule in effect prior to enactment of this Act. To re4 duce costs to the permittee and the Forest Service, the

5 Secretary shall each year provide the permittee with a

6 standardized form and worksheets (including annual rent7 al charge calculation brackets and rates) to be used for

8 rental charge calculation and submitted with the rental

9 charge payment. Information provided on such forms shall

10 be compiled by the Secretary annually and kept in the Of11 fice of the Chief, United States Forest Service.

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

13 section shall become effective on June 1, 1996 and cover

14 receipts retroactive to June 1, 1995: Provided, however,

15 That if a permittee has paid rental charges for the period

16 June 1, 1995, to June 1, 1996, under the graduated rate

17 rental charge system formula in effect prior to the date

18 of enactment of this Act, such rental charges shall be cred19 ited toward the new rental charge due on June 1, 1996.

20 In order to ensure increasing rental charge receipt levels

21 to the United States during transition from the graduated

22 rate rental charge system formula of this Act, the rental

23 charge paid by any individual permittee shall be—

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

25 rental charge paid for the preceding 1994–1995
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1 base year or the rental charge calculated pursuant

2 to this Act, whichever is higher;

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

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

5 the rental charge calculated pursuant to this Act,

6 whichever is higher;

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

8 rental charge for the 1994–1995 base year or the

9 rental charge calculated pursuant to this Act, which10 ever is higher.

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

12 1995–1996, 1996–1997, or 1997–1998 permit years falls

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

14 rental charge paid shall be the rental charge calculated

15 pursuant to this Act.

16 (e) Under no circumstances shall revenue, or sub17 permittee revenue (other than lift ticket, area use pass,

18 or ski school sales) obtained from operations physically lo19 cated on non-national forest land be included in the ski

20 area permit rental charge calculation.

21 (f) To reduce administrative costs of ski area permit22 tees and the Forest Service the terms ‘‘revenue’’ and

23 ‘‘sales’’, as used in this section, shall mean actual income

24 from sales and shall not include sales of operating equip25 ment, refunds, rent paid to the permittee by sublessees,
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1 sponsor contributions to special events or any amounts at2 tributable to employee gratuities or employee lift tickets,

3 discounts, or other goods or services (except for bartered

4 goods and complimentary life tickets) for which the per5 mittee does not receive money.

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

7 is under a ski area permit but the permittee does not have

8 revenue or sales qualifying for rental charge payment pur9 suant to subsection (a), the permittee shall pay an annual

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

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

12 determined appropriate by the Secretary.

13 (h) Where the new rental charge provided for in sub14 section (b)(1) results in an increase in permit rental

15 charge greater than one half of one percent of the permit16 tee’s adjusted gross revenue as determined under sub17 section (b)(1), the new rental charge shall be phased in

18 over a five year period in a manner providing for increases

19 for approximately equal increments.

20 (i) To reduce federal costs in administering the provi21 sions of this Act, the reissuance of a ski area permit to

22 provide activities similar in nature and amount to the ac23 tivities provided under the previous permit shall not con24 stitute a major Federal action for the purposes of the Na-
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1 tional Environmental Policy Act of 1969 (42 U.S.C. 4331

2 et seq.).

3 SEC. 2. WITHDRAWALS.

4 Subject to valid existing rights, all lands located with5 in the boundaries of ski area permits issued prior to, on

6 or after the date of enactment of this Act pursuant to

7 authority of the Act of March 4, 1915 (38 Stat. 1101,

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

9 or the National Forest Ski Area Permit Act of 1986 (16

10 U.S.C. 497b) are hereby and henceforth automatically

11 withdrawn from all forms of appropriation under the min12 ing laws and from disposition under all laws pertaining

13 to mineral and geothermal leasing and all amendments

14 thereto. Such withdrawal shall continue for the full term

15 of the permit and any modification, reissuance, or renewal

16 thereof. Unless the Secretary requests otherwise of the

17 Secretary of the Interior, such withdrawal shall be can18 celed automatically upon expiration or other termination

19 of the permit and the land automatically restored to all

20 appropriation not otherwise restricted under the public

21 land laws.

Passed the House of Representatives April 30, 1996.

Attest: ROBIN H. CARLE,

Clerk.

Calendar No. 390

104TH CONGRESS

2D SESSION H. R. 1527

AN ACT

To further clarify the authorities and duties of the

leasing laws.from the operation of the mining and mineralwithdraw lands within ski area permit boundariesmits on National Forest System lands and toSecretary of Agriculture in issuing ski area perMAY 1, 1996

Received; read twice and placed on the calendar