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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SKI AREA PERMIT RENTAL CHARGE.
(a) The Secretary of Agriculture shall charge a rental
charge for all ski area permits issued pursuant to section
3 of the National Forest Ski Area Permit Act of 1986
(16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat.
1101, chapter 144; 16 U.S.C. 497), or the 9th through
20th paragraphs under the heading ‘‘SURVEYING THE
PUBLIC LANDS’’ under the heading ‘‘UNDER THE
DEPARTMENT OF THE INTERIOR’’ in the Act of
June 4, 1897 (30 Stat. 34, chapter 2), on National Forest
System lands. Permit rental charges for permits issued
pursuant to the National Forest Ski Area Permit Act of
1986 shall be calculated as set forth in subsection (b).
Permit rental charges for existing ski area permits issued
pursuant to the Act of March 4, 1915, and the Act of
June 4, 1897, shall be calculated in accordance with those
existing permits: Provided, That a permittee may, at the
permittee’s option, use the calculation method set forth
in subsection (b).
(b)(1) The ski area permit rental charge (SAPRC)
shall be calculated by adding the permittee’s gross reve-
nues from lift ticket/year-round ski area use pass sales
plus revenue from ski school operations (LT+SS) and
multiplying such total by the slope transport feet percent-
age (STFP) on National Forest System land. That
amount shall be increased by the gross year-round revenue
from ancillary facilities (GRAF) physically located on na-
tional forest land, including all permittee or subpermittee
lodging, food service, rental shops, parking and other an-
cillary operations, to determine the adjusted gross revenue
(AGR) subject to the permit rental charge. The final rent-
al charge shall be calculated by multiplying the AGR by
the following percentages for each revenue bracket and
adding the total for each revenue bracket:
(A) 1.5 percent of all adjusted gross revenue
below $3,000,000;
(B) 2.5 percent for adjusted gross revenue be-
tween $3,000,000 and $15,000,000;
(C) 2.75 percent for adjusted gross revenue be-
tween $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 sub-
section 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 percent-
age 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 per-
centage 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 ski area
permittees, the adjusted gross revenue figures for each
revenue bracket in paragraph (1) shall be adjusted annu-
ally 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 periodically 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 ana-
lyzing 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 pre-
paid 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 re-
duce costs to the permittee and the Forest Service, the
Secretary shall each year provide the permittee with a
standardized form and worksheets (including annual rent-
al 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 Of-
fice 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, however,
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 cred-
ited 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 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
sponsor contributions to special events or any amounts at-
tributable to employee gratuities or employee lift tickets,
discounts, or other goods or services (except for bartered
goods and complimentary life tickets) for which the per-
mittee 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 permit-
tee’s adjusted gross revenue as determined under sub-
section (b)(1), the new rental charge shall be phased in
over a five year period in a manner providing for increases
for approximately equal increments.
(i) To reduce federal costs in administering the provi-
sions of this Act, the reissuance of a ski area permit to
provide activities similar in nature and amount to the ac-
tivities provided under the previous permit shall not con-
stitute a major Federal action for the purposes of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4331
et seq.).
SEC. 2. 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
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 min-
ing 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 can-
celed automatically upon expiration or other termination
of the permit and the land automatically restored to all
appropriation not otherwise restricted under the public
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
Secretary of Agriculture in issuing ski area per-
mits on National Forest System lands and to
withdraw lands within ski area permit boundaries
from the operation of the mining and mineral
leasing laws.
MAY 1, 1996
Received; read twice and placed on the calendar