What This Bill Does
This bill creates a special bank account called the Ski Area Fee Retention Account to hold money that ski areas pay to the Forest Service for permits. Instead of sending all this money to the federal government's general treasury, ski area permit fees will now stay in this account so the Forest Service can spend the money on ski area operations and visitor services.
Who It Affects
The Secretary of Agriculture and the Forest Service. Ski area operators who pay permit rental charges to the federal government. Visitors to national forest ski areas. Local communities near ski areas on national forest land.
Key Provisions
- The Secretary of the Treasury will establish a special account in the Treasury called the Ski Area Fee Retention Account to hold ski area permit fees (Sec. 2(k)(2))
- The Forest Service must spend 80 percent of ski area fees at the ski area where the money was collected, with 75 percent for ski area program administration and 25 percent for visitor facilities and recreation (Sec. 2(k)(4)(A))
- The Forest Service must spend 20 percent of ski area fees at any national forest for ski area or visitor-related activities (Sec. 2(k)(4)(B))
- Ski area fees can only be used for specific purposes including ski area permit administration, staff training, visitor services, wildfire prevention near ski areas, and repair of facilities related to visitor access (Sec. 2(k)(5))
- Ski area fees cannot be used for wildfire suppression or buying land for the National Forest System (Sec. 2(k)(6))
What Changes
Currently, ski area permit fees go into the general U.S. Treasury. Under this law, those fees will instead go into the Ski Area Fee Retention Account and stay available for four fiscal years. The Forest Service will have direct access to spend this money without waiting for Congress to approve a budget appropriation (a formal government spending authorization). These fees will supplement, not replace, the money Congress already gives the Forest Service for operating ski areas.
Important Definitions
- **Account**: The Ski Area Fee Retention Account established by this bill
- **Covered unit**: A national forest unit that collects ski area permit rental charges
- **Secretary**: The Secretary of Agriculture
Effective Date
Sixty days after the date the bill becomes law.
II
Calendar No. 575
118TH CONGRESS
2D SESSION
S. 254
To amend the Omnibus Parks and Public Lands Management Act of 1996
to provide for the establishment of a Ski Area Fee Retention Account,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 2, 2023
Mr. BENNET (for himself, Mr. BARRASSO, Mr. WYDEN, Ms. LUMMIS, Mr.
HICKENLOOPER, Mr. CRAPO, Mr. KELLY, Mr. DAINES, Mr. RISCH, Mrs.
SHAHEEN, Mrs. FEINSTEIN, Ms. HASSAN, Ms. CORTEZ MASTO, Mr.
LUJA´N, and Mr. HEINRICH) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
NOVEMBER 21, 2024
Reported by Mr. MANCHIN, without amendment
A BILL
To amend the Omnibus Parks and Public Lands Manage-
ment Act of 1996 to provide for the establishment of
a Ski Area Fee Retention Account, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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•S 254 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Ski Hill Resources for
2
Economic Development Act of 2023’’.
3
SEC. 2. ESTABLISHMENT OF SKI AREA FEE RETENTION AC-
4
COUNT.
5
(a) IN GENERAL.—Section 701 of division I of the
6
Omnibus Parks and Public Lands Management Act of
7
1996 (16 U.S.C. 497c) is amended by adding at the end
8
the following:
9
‘‘(k) SKI AREA FEE RETENTION ACCOUNT.—
10
‘‘(1) DEFINITIONS.—In this subsection:
11
‘‘(A)
ACCOUNT.—The
term
‘Account’
12
means the Ski Area Fee Retention Account es-
13
tablished under paragraph (2).
14
‘‘(B) COVERED UNIT.—The term ‘covered
15
unit’ means the unit of the National Forest
16
System that collects the ski area permit rental
17
charge under this section.
18
‘‘(C) SECRETARY.—The term ‘Secretary’
19
means the Secretary of Agriculture.
20
‘‘(2) ESTABLISHMENT.—The Secretary of the
21
Treasury shall establish a special account in the
22
Treasury, to be known as the ‘Ski Area Fee Reten-
23
tion Account’.
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•S 254 RS
‘‘(3) DEPOSITS.—Subject to paragraphs (4)
1
and (5), a ski area permit rental charge collected by
2
the Secretary under this section shall—
3
‘‘(A) be deposited in the Account;
4
‘‘(B) be available to the Secretary for use,
5
without further appropriation; and
6
‘‘(C) remain available for the period of 4
7
fiscal years beginning with the first fiscal year
8
after the fiscal year in which the ski area per-
9
mit rental charge is deposited in the Account
10
under subparagraph (A).
11
‘‘(4) DISTRIBUTION OF AMOUNTS IN THE AC-
12
COUNT.—
13
‘‘(A) LOCAL DISTRIBUTION OF FUNDS.—
14
‘‘(i) IN
GENERAL.—Except as pro-
15
vided in subparagraph (C), the Secretary
16
shall expend 80 percent of the ski area
17
permit rental charges deposited in the Ac-
18
count from a covered unit at the covered
19
unit in accordance with clause (ii).
20
‘‘(ii) DISTRIBUTION.—Of the amounts
21
made available for expenditure under
22
clause (i)—
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•S 254 RS
‘‘(I) 75 percent shall be used at
1
the covered unit for activities de-
2
scribed in paragraph (5)(A); and
3
‘‘(II) 25 percent shall be used for
4
activities at the covered unit described
5
in paragraph (5)(B).
6
‘‘(B) AGENCY-WIDE
DISTRIBUTION
OF
7
FUNDS.—The Secretary shall expend 20 percent
8
of the ski area permit rental charges deposited
9
in the Account from a covered unit at any unit
10
of the National Forest System for an activity
11
described in subparagraph (A) or (B) of para-
12
graph (5).
13
‘‘(C) REDUCTION OF PERCENTAGE.—
14
‘‘(i)
REDUCTION.—The
Secretary
15
shall reduce the percentage otherwise ap-
16
plicable under subparagraph (A)(i) to not
17
less than 60 percent if the Secretary deter-
18
mines that the amount otherwise made
19
available under that subparagraph exceeds
20
the reasonable needs of the covered unit
21
for which expenditures may be made in the
22
applicable fiscal year.
23
‘‘(ii) DISTRIBUTION OF FUNDS.—The
24
balance of the ski area permit rental
25
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•S 254 RS
charges that are collected at a covered
1
unit, deposited into the Account, and not
2
distributed in accordance with subpara-
3
graph (A) or (B) shall be available to the
4
Secretary for expenditure at any other unit
5
of the National Forest System in accord-
6
ance with the following:
7
‘‘(I) 75 percent shall be used for
8
activities
described
in
paragraph
9
(5)(A).
10
‘‘(II) 25 percent shall be used for
11
activities
described
in
paragraph
12
(5)(B).
13
‘‘(5) EXPENDITURES.—Amounts available to
14
the Secretary for expenditure from the Account shall
15
be only used for—
16
‘‘(A)(i) the administration of the Forest
17
Service ski area program, including—
18
‘‘(I) the processing of an application
19
for a new ski area or a ski area improve-
20
ment project, including staffing and con-
21
tracting for the processing; and
22
‘‘(II) administering a ski area permit
23
described in subsection (a);
24
‘‘(ii) staff training for—
25
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•S 254 RS
‘‘(I) the processing of an application
1
for—
2
‘‘(aa) a new ski area;
3
‘‘(bb) a ski area improvement
4
project; or
5
‘‘(cc) a special use permit; or
6
‘‘(II) administering—
7
‘‘(aa) a ski area permit described
8
in subsection (a); or
9
‘‘(bb) a special use permit;
10
‘‘(iii) an interpretation activity, National
11
Forest System visitor information, a visitor
12
service, or signage;
13
‘‘(iv) direct costs associated with collecting
14
a ski area permit rental charge or other fee col-
15
lected by the Secretary related to recreation;
16
‘‘(v) planning for, or coordinating to re-
17
spond to, a wildfire in or adjacent to a recre-
18
ation site, particularly a ski area; or
19
‘‘(vi) reducing the likelihood of a wildfire
20
starting, or the risks posed by a wildfire, in or
21
adjacent to a recreation site, particularly a ski
22
area, except through hazardous fuels reduction
23
activities; or
24
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•S 254 RS
‘‘(B)(i) the repair, maintenance, or enhance-
1
ment of a Forest Service-owned facility, road, or
2
trail directly related to visitor enjoyment, visitor ac-
3
cess, or visitor health or safety;
4
‘‘(ii) habitat restoration directly related to
5
recreation;
6
‘‘(iii) law enforcement related to public use and
7
recreation;
8
‘‘(iv) the construction or expansion of parking
9
areas;
10
‘‘(v) the processing or administering of a recre-
11
ation special use permit;
12
‘‘(vi) avalanche information and education ac-
13
tivities carried out by the Secretary or nonprofit
14
partners;
15
‘‘(vii) search and rescue activities carried out by
16
the Secretary, a local government, or a nonprofit
17
partner; or
18
‘‘(viii) the administration of leases under—
19
‘‘(I) the Forest Service Facility Realign-
20
ment and Enhancement Act of 2005 (16 U.S.C.
21
580d note; Public Law 109–54); and
22
‘‘(II) section 8623 of the Agriculture Im-
23
provement Act of 2018 (16 U.S.C. 580d note;
24
Public Law 115–334).
25
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•S 254 RS
‘‘(6) LIMITATION.—Amounts in the Account
1
may not be used for—
2
‘‘(A) the conduct of wildfire suppression;
3
or
4
‘‘(B) the acquisition of land for inclusion
5
in the National Forest System.
6
‘‘(7) EFFECT.—
7
‘‘(A) IN GENERAL.—Nothing in this sub-
8
section affects the applicability of section 7 of
9
the Act of April 24, 1950 (commonly known as
10
the ‘Granger-Thye Act’) (16 U.S.C. 580d), to
11
ski areas on National Forest System land.
12
‘‘(B) SUPPLEMENTAL
FUNDING.—Rental
13
charges retained and expended under this sub-
14
section shall supplement (and not supplant) ap-
15
propriated funding for the operation and main-
16
tenance of each covered unit.
17
‘‘(C) COST
RECOVERY.—Nothing in this
18
subsection affects any cost recovery under any
19
provision of law (including regulations) for
20
processing an application for or monitoring
21
compliance with a ski area permit or other
22
recreation special use permit.’’.
23
(b) EFFECTIVE DATE.—This section (including the
24
amendments made by this section) shall take effect on the
25
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•S 254 RS
date that is 60 days after the date of enactment of this
1
Act.
2
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Calendar No. 575
118TH CONGRESS
2D SESSION
S. 254
A BILL
To amend the Omnibus Parks and Public Lands
Management Act of 1996 to provide for the es-
tablishment of a Ski Area Fee Retention Ac-
count, and for other purposes.
NOVEMBER 21, 2024
Reported without amendment
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