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(B) 2.5 percent for adjusted gross revenue between
$3,000,000 and $15,000,000;
(C) 2.75 percent for adjusted gross revenue between
$15,000,000 and $50,000,000; and
(D) 4.0 percent for the amount of adjusted gross revenue
that exceeds $50,000,000.
Utilizing the abbreviations indicated in this subsection the ski
area permit fee (SAPF) formula can be simply illustrated as:
SAPF = ((LT + SS) × STFP) + GRAF = AGR; AGR × % BRACKETS
(2) In cases where ski areas are only partially located on
national forest lands, the slope transport feet percentage on national
forest land referred to in subsection (b) shall be calculated as
generally described in the Forest Service Manual in effect as of
January 1, 1992. Revenues from Nordic ski operations shall be
included or excluded from the rental charge calculation according
to the percentage of trails physically located on national forest
land.
(3) In order to ensure that the rental charge remains fair
and equitable to both the United States and the ski area permittees,
the adjusted gross revenue figures for each revenue bracket in
paragraph (1) shall be adjusted annually by the percent increase
or decrease in the national Consumer Price Index for the preceding
calendar year. No later than 3 years after the date of enactment
of this Act and every 5 years thereafter the Secretary shall submit
to the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United States
House of Representatives a report analyzing whether the ski area
permit rental charge legislated by this Act is returning a fair
market value rental to the United States together with any
recommendations the Secretary may have for modifications of the
system.
(c) The rental charge set forth in subsection (b) shall be due
on June 1 of each year and shall be paid or prepaid by the permittee
on a monthly, quarterly, annual or other schedule as determined
appropriate by the Secretary in consultation with the permittee.
Unless mutually agreed otherwise by the Secretary and the
permittee, the payment or prepayment schedule shall conform to
the permittee’s schedule in effect prior to enactment of this Act.
To reduce costs to the permittee and the Forest Service, the Sec-
retary shall each year provide the permittee with a standardized
form and worksheets (including annual rental charge calculation
brackets and rates) to be used for rental charge calculation and
submitted with the rental charge payment. Information provided
on such forms shall be compiled by the Secretary annually and
kept in the Office of the Chief, United States Forest Service.
(d) The ski area permit rental charge set forth in this section
shall become effective on June 1, 1996 and cover receipts retroactive
to June 1, 1995: Provided, That if a permittee has paid rental
charges for the period June 1, 1995, to June 1, 1996, under the
graduated rate rental charge system formula in effect prior to
the date of enactment of this Act, such rental charges shall be
credited toward the new rental charge due on June 1, 1996. In
order to ensure increasing rental charge receipt levels to the United
States during transition from the graduated rate rental charge
system formula to the formula of this Act, the rental charge paid
by any individual permittee shall be—
H. R. 4236—92
(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, whichever is higher; and
(3) for the 1997–1998 permit year, either the rental charge
for the 1994–1995 base year or the rental 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 pursuant to this Act.
(e) Under no circumstances shall revenue, or subpermittee
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 permit rental charge calculation.
(f) To reduce administrative costs of ski area permittees 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 contributions to special events
or any amounts attributable to employee gratuities or employee
lift tickets, discounts, or other goods or services (except for bartered
goods and complimentary 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 pursuant 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 subsection
(b)(1) results in an increase in permit rental charge greater than
one-half of 1 percent of the permittee’s adjusted 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 approximately equal increments.
(i) To reduce Federal costs in administering the provisions
of this Act, the reissuance of a ski area permit to provide activities
similar in nature and amount to the activities provided under
the previous permit shall not constitute a major Federal action
for the purposes of the National Environmental Policy Act of 1969
(42 U.S.C. 4331 et seq.).
(j) Subject to valid existing rights, all lands located within
the boundaries of ski area permits issued prior to, on or after
the date of enactment of this Act pursuant to authority 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 withdrawal 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 expiration or other
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termination of the permit and the land automatically restored to
all appropriation not otherwise restricted under the public land
laws.
SEC. 702. DELAWARE WATER GAP.
(a) IN GENERAL.—Effective at noon on September 30, 2005,
the use of Highway 209 within Delaware Water Gap National
Recreation Area by commercial vehicles, when such use is not
connected with the operation of the recreation area, is prohibited,
except as provided in subsection (b).
(b) LOCAL BUSINESS USE PROTECTED.—Subsection (a) does not
apply with respect to the use of commercial vehicles to serve
businesses located within or in the vicinity of the recreation area,
as determined by the Secretary.
(c) CONFORMING PROVISIONS.—
(1) Paragraphs (1) through (3) of the third undesignated
paragraph under the heading ‘‘ADMINISTRATIVE PROVI-
SIONS’’ in chapter VII of title I of Public Law 98–63 (97
Stat. 329) are repealed, effective September 30, 2005.
(2) Prior to noon on September 30, 2005, the Secretary
shall collect and utilize a commercial use fee from commercial
vehicles in accordance with paragraphs (1) through (3) of such
third undesignated paragraph. Such fee shall not exceed $25
per trip.
SEC. 703. GLACIER BAY NATIONAL PARK.
Section 3(g) of Public Law 91–383 (16 U.S.C. 1a–2(g)) is
amended by: striking ‘‘and park programs’’ and inserting the follow-
ing at the end: ‘‘Sixty percent of the fees paid by permittees for
the privilege of entering into Glacier Bay for the period beginning
on the first full fiscal year following the date of enactment of
this sentence shall be deposited into a special account and that
such funds shall be available—
‘‘(1) to the extent determined necessary, to acquire and
preposition necessary and adequate emergency response equip-
ment to prevent harm or the threat of harm to aquatic park
resources from permittees; and
‘‘(2) to conduct investigations to quantify any effect of
permittees’ activity on wildlife and other natural resource
values of Glacier Bay National Park. The investigations pro-
vided for in this subsection shall be designed to provide informa-
tion of value to the Secretary, in determining any appropriate
limitations on permittees’ activity in Glacier Bay. The Secretary
may not impose any additional permittee operating conditions
in the areas of air, water, and oil pollution beyond those deter-
mined and enforced by other appropriate agencies. When
competitively awarding permits to enter Glacier Bay, the
Secretary may take into account the relative impact particular
permittees will have on park values and resources, provided
that no operating conditions or limitations relating to noise
abatement shall be imposed unless the Secretary determines,
based on the weight of the evidence from all available studies
including verifiable scientific information from the investiga-
tions provided for in this subsection, that such limitations
or conditions are necessary to protect park values and
resources. Fees paid by certain permittees for the privilege
of entering into Glacier Bay shall not exceed $5 per passenger.
For the purposes of this subsection, ‘certain permittee’ shall
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mean a permittee which provides overnight accommodations
for at least 500 passengers for an itinerary of at least 3 nights,
and ‘permittee’ shall mean a concessionaire providing visitor
services within Glacier Bay. Nothing in this subsection
authorizes the Secretary to require additional categories of
permits in, or otherwise increase the number of permits to
enter Glacier Bay National Park.’’.
TITLE VIII—MISCELLANEOUS ADMINIS-
TRATIVE AND MANAGEMENT PROVI-
SIONS
SEC. 801. LIMITATION ON PARK BUILDINGS.
The 10th undesignated paragraph (relating to a limitation on
the expenditure of funds for park buildings) under the heading
‘‘MISCELLANEOUS 
OBJECTS, 
DEPARTMENT 
OF 
THE
INTERIOR’’, which appears under the heading ‘‘UNDER THE
DEPARTMENT OF THE INTERIOR’’, as contained in the first
section of the Act of August 24, 1912 (37 Stat. 460), as amended
(16 U.S.C. 451), is hereby repealed.
SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF CHILDREN.
The first section of the Act of August 7, 1946 (16 U.S.C.
17j–2), is amended by adding at the end the following:
‘‘(j) Provide transportation for children in nearby communities
to and from any unit of the National Park System used in connection
with organized recreation and interpretive programs of the National
Park Service.’’.
SEC. 803. FERAL BURROS AND HORSES.
(a) VEHICLES AND AIRCRAFT.—Section 9 of the Act of December
15, 1971 (16 U.S.C. 1338a), is amended by adding at the end
thereof the following: ‘‘Nothing in this title shall be deemed to
limit the authority of the Secretary in the management of units
of the National Park System, and the Secretary may, without
regard either to the provisions of this title, or the provisions of
section 47(a) of title 18, United States Code, use motor vehicles,
fixed-wing aircraft, or helicopters, or to contract for such use, in
furtherance of the management of the National Park System, and
section 47(a) of title 18, United States Code, shall be applicable
to such use.’’.
(b) OZARK NATIONAL SCENIC RIVERWAYS.—Section 7 of the Act
entitled ‘‘An Act to provide for the establishment of the Ozark
National Scenic Riverways in the State of Missouri, and for other
purposes’’, approved August 27, 1964 (16 U.S.C. 460m–6), is
amended to read as follows:
‘‘SEC. 7. (a) The Secretary, in accordance with this section,
shall allow free-roaming horses in the Ozark National Scenic
Riverways. Within 180 days after enactment of this section, the
Secretary shall enter into an agreement with the Missouri Wild
Horse League or another qualified nonprofit entity to provide for
management of free-roaming horses. The agreement shall provide
for cost-effective management of the horses and limit Federal
expenditures to the costs of monitoring the agreement. The Sec-
retary shall issue permits for adequate pastures to accommodate