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charge system formula to the formula of this Act, the rental
charge paid by any individual permittee shall be—
(1) for the 1995–1996 permit year, either the
rental charge paid for the preceding 1994–1995 base
year or the rental charge calculated pursuant to this
Act, whichever is higher;
(2) for the 1996–1997 permit year, either the
rental charge paid for the 1994–1995 base year or the
rental charge calculated pursuant to this Act, which-
ever is higher;
(3) for the 1997–1998 permit year, either the
rental charge for the 1994–1995 base year or the rent-
al charge calculated pursuant to this Act, whichever
is higher.
If an individual permittee’s adjusted gross revenue for the
1995–1996, 1996–1997, or 1997–1998 permit years falls
more than 10 percent below the 1994–1995 base year, the
rental charge paid shall be the rental charge calculated pur-
suant to this Act.
(e) Under no circumstances shall revenue, or sub-
permittee revenue (other than lift ticket, area use pass, or
ski school sales) obtained from operations physically located
on non-national forest land be included in the ski area per-
mit rental charge calculation.
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(f) To reduce administrative costs of ski area permit-
tees and the Forest Service the terms ‘‘revenue’’ and ‘‘sales’’,
as used in this section, shall mean actual income from sales
and shall not include sales of operating equipment, refunds,
rent paid to the permittee by sublessees, sponsor contribu-
tions to special events or any amounts attributable to em-
ployee gratuities or employee lift tickets, discounts, or other
goods or services (except for bartered goods and complimen-
tary lift tickets) for which the permittee does not receive
money.
(g) In cases where an area of national forest land is
under a ski area permit but the permittee does not have
revenue or sales qualifying for rental charge payment pur-
suant to subsection (a), the permittee shall pay an annual
minimum rental charge of $2 for each national forest acre
under permit or a percentage of appraised land value, as
determined appropriate by the Secretary.
(h) Where the new rental charge provided for in sub-
section (b)(1) results in an increase in permit rental charge
greater than one half of one percent of the permittee’s ad-
justed gross revenue as determined under subsection (b)(1),
the new rental charge shall be phased in over a five year
period in a manner providing for increases of approxi-
mately equal increments.
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(i) To reduce Federal costs in administering the provi-
sions of this Act, the reissuance of a ski area permit to pro-
vide activities similar in nature and amount to the activi-
ties provided under the previous permit shall not constitute
a major Federal action for the purposes of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
SEC. 1702. WITHDRAWALS.
Subject to valid existing rights, all lands located with-
in the boundaries of ski area permits issued prior to, on
or after the date of enactment of this Act pursuant to au-
thority of the Act of March 4, 1915 (38 Stat. 1101, chapter
144; 16 U.S.C. 497), and the Act of June 4, 1897, or the
National Forest Ski Area Permit Act of 1986 (16 U.S.C.
497b) are hereby and henceforth automatically withdrawn
from all forms of appropriation under the mining laws and
from disposition under all laws pertaining to mineral and
geothermal leasing and all amendments thereto. Such with-
drawal shall continue for the full term of the permit and
any modification, reissuance, or renewal thereof. Unless the
Secretary requests otherwise of the Secretary of the Interior,
such withdrawal shall be canceled automatically upon expi-
ration or other termination of the permit and the land auto-
matically restored to all appropriation not otherwise re-
stricted under the public land laws.