What This Bill Does
This bill creates a special bank account called the Ski Area Fee Retention Account to hold money from ski area permit rental charges collected on National Forest System land (forests managed by the federal government). The money in this account would be used for activities like maintaining ski areas, processing permit applications and managing wildfires near ski areas.
Who It Affects
The Secretary of Agriculture (the head of the Department of Agriculture who oversees national forests), ski area operators who hold permits on national forest land, and visitors to ski areas in national forests.
Key Provisions
• The Secretary of the Treasury must establish a special account called the Ski Area Fee Retention Account to hold ski area permit rental charges. (Sec. 2(k)(2))
• Eighty percent of ski area fees collected from a specific forest unit must be spent at that same forest unit, with 75 percent used for administrative activities like processing applications and 25 percent used for facility repairs or visitor services. (Sec. 2(k)(4)(A))
• Twenty percent of ski area fees collected from a specific forest unit can be spent at any national forest for administrative activities or visitor services. (Sec. 2(k)(4)(B))
• Money in the account can be used only for ski area administration, visitor services, wildfire planning near ski areas and special use permit processing. (Sec. 2(k)(5))
• Money in the account cannot be used for wildfire suppression (fighting active fires) or buying land for the National Forest System. (Sec. 2(k)(6))
What Changes
Ski area permit fees that national forests currently collect will now be kept in a dedicated account instead of going into the general Treasury. These funds will be available for the Secretary of Agriculture to use without waiting for Congress to approve new spending. Fees can be held in the account for up to four fiscal years after being collected.
Important Definitions
The bill defines "covered unit" as the specific national forest location that collects the ski area permit rental charge.
Effective Date
This bill becomes effective 60 days after the date it is signed into law.
I
118TH CONGRESS
1ST SESSION
H. R. 930
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 HOUSE OF REPRESENTATIVES
FEBRUARY 9, 2023
Ms. KUSTER (for herself, Mr. CURTIS, Mr. NEGUSE, and Mr. LAMALFA) in-
troduced the following bill; which was referred to the Committee on Agri-
culture, and in addition to the Committee on Natural Resources, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Ski Hill Resources for
4
Economic Development Act of 2023’’.
5
VerDate Sep 11 2014
02:11 Mar 10, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H930.IH
H930
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 930 IH
SEC. 2. ESTABLISHMENT OF SKI AREA FEE RETENTION AC-
1
COUNT.
2
(a) IN GENERAL.—Section 701 of division I of the
3
Omnibus Parks and Public Lands Management Act of
4
1996 (16 U.S.C. 497c) is amended by adding at the end
5
the following:
6
‘‘(k) SKI AREA FEE RETENTION ACCOUNT.—
7
‘‘(1) DEFINITIONS.—In this subsection:
8
‘‘(A)
ACCOUNT.—The
term
‘Account’
9
means the Ski Area Fee Retention Account es-
10
tablished under paragraph (2).
11
‘‘(B) COVERED UNIT.—The term ‘covered
12
unit’ means the unit of the National Forest
13
System that collects the ski area permit rental
14
charge under this section.
15
‘‘(C) SECRETARY.—The term ‘Secretary’
16
means the Secretary of Agriculture.
17
‘‘(2) ESTABLISHMENT.—The Secretary of the
18
Treasury shall establish a special account in the
19
Treasury, to be known as the ‘Ski Area Fee Reten-
20
tion Account’.
21
‘‘(3) DEPOSITS.—Subject to paragraphs (4)
22
and (5), a ski area permit rental charge collected by
23
the Secretary under this section shall—
24
‘‘(A) be deposited in the Account;
25
VerDate Sep 11 2014
02:11 Mar 10, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H930.IH
H930
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 930 IH
‘‘(B) be available to the Secretary for use,
1
without further appropriation; and
2
‘‘(C) remain available for the period of 4
3
fiscal years beginning with the first fiscal year
4
after the fiscal year in which the ski area per-
5
mit rental charge is deposited in the Account
6
under subparagraph (A).
7
‘‘(4) DISTRIBUTION OF AMOUNTS IN THE AC-
8
COUNT.—
9
‘‘(A) LOCAL DISTRIBUTION OF FUNDS.—
10
‘‘(i) IN
GENERAL.—Except as pro-
11
vided in subparagraph (C), the Secretary
12
shall expend 80 percent of the ski area
13
permit rental charges deposited in the Ac-
14
count from a covered unit at the covered
15
unit in accordance with clause (ii).
16
‘‘(ii) DISTRIBUTION.—Of the amounts
17
made available for expenditure under
18
clause (i)—
19
‘‘(I) 75 percent shall be used at
20
the covered unit for activities de-
21
scribed in paragraph (5)(A); and
22
‘‘(II) 25 percent shall be used for
23
activities at the covered unit described
24
in paragraph (5)(B).
25
VerDate Sep 11 2014
02:11 Mar 10, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H930.IH
H930
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 930 IH
‘‘(B) AGENCY-WIDE
DISTRIBUTION
OF
1
FUNDS.—The Secretary shall expend 20 percent
2
of the ski area permit rental charges deposited
3
in the Account from a covered unit at any unit
4
of the National Forest System for an activity
5
described in subparagraph (A) or (B) of para-
6
graph (5).
7
‘‘(C) REDUCTION OF PERCENTAGE.—
8
‘‘(i)
REDUCTION.—The
Secretary
9
shall reduce the percentage otherwise ap-
10
plicable under subparagraph (A)(i) to not
11
less than 60 percent if the Secretary deter-
12
mines that the amount otherwise made
13
available under that subparagraph exceeds
14
the reasonable needs of the covered unit
15
for which expenditures may be made in the
16
applicable fiscal year.
17
‘‘(ii) DISTRIBUTION OF FUNDS.—The
18
balance of the ski area permit rental
19
charges that are collected at a covered
20
unit, deposited into the Account, and not
21
distributed in accordance with subpara-
22
graph (A) or (B) shall be available to the
23
Secretary for expenditure at any other unit
24
VerDate Sep 11 2014
02:11 Mar 10, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H930.IH
H930
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 930 IH
of the National Forest System in accord-
1
ance with the following:
2
‘‘(I) 75 percent shall be used for
3
activities
described
in
paragraph
4
(5)(A).
5
‘‘(II) 25 percent shall be used for
6
activities
described
in
paragraph
7
(5)(B).
8
‘‘(5) EXPENDITURES.—Amounts available to
9
the Secretary for expenditure from the Account shall
10
be only used for—
11
‘‘(A)(i) the administration of the Forest
12
Service ski area program, including—
13
‘‘(I) the processing of an application
14
for a new ski area or a ski area improve-
15
ment project, including staffing and con-
16
tracting for the processing; and
17
‘‘(II) administering a ski area permit
18
described in subsection (a);
19
‘‘(ii) staff training for—
20
‘‘(I) the processing of an application
21
for—
22
‘‘(aa) a new ski area;
23
‘‘(bb) a ski area improvement
24
project; or
25
VerDate Sep 11 2014
02:11 Mar 10, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H930.IH
H930
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 930 IH
‘‘(cc) a special use permit; or
1
‘‘(II) administering—
2
‘‘(aa) a ski area permit described
3
in subsection (a); or
4
‘‘(bb) a special use permit;
5
‘‘(iii) an interpretation activity, National
6
Forest System visitor information, a visitor
7
service, or signage;
8
‘‘(iv) direct costs associated with collecting
9
a ski area permit rental charge or other fee col-
10
lected by the Secretary related to recreation;
11
‘‘(v) planning for, or coordinating to re-
12
spond to, a wildfire in or adjacent to a recre-
13
ation site, particularly a ski area; or
14
‘‘(vi) reducing the likelihood of a wildfire
15
starting, or the risks posed by a wildfire, in or
16
adjacent to a recreation site, particularly a ski
17
area, except through hazardous fuels reduction
18
activities; or
19
‘‘(B)(i) the repair, maintenance, or en-
20
hancement of a Forest Service-owned facility,
21
road, or trail directly related to visitor enjoy-
22
ment, visitor access, or visitor health or safety;
23
‘‘(ii) habitat restoration directly related to
24
recreation;
25
VerDate Sep 11 2014
02:11 Mar 10, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H930.IH
H930
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•HR 930 IH
‘‘(iii) law enforcement related to public use
1
and recreation;
2
‘‘(iv) the construction or expansion of
3
parking areas;
4
‘‘(v) the processing or administering of a
5
recreation special use permit;
6
‘‘(vi) avalanche information and education
7
activities carried out by the Secretary or non-
8
profit partners;
9
‘‘(vii) search and rescue activities carried
10
out by the Secretary, a local government, or a
11
nonprofit partner; or
12
‘‘(viii) the administration of leases under—
13
‘‘(I) the Forest Service Facility Re-
14
alignment and Enhancement Act of 2005
15
(16 U.S.C. 580d note; Public Law 109–
16
54); and
17
‘‘(II) section 8623 of the Agriculture
18
Improvement Act of 2018 (16 U.S.C. 580d
19
note; Public Law 115–334).
20
‘‘(6) LIMITATION.—Amounts in the Account
21
may not be used for—
22
‘‘(A) the conduct of wildfire suppression;
23
or
24
VerDate Sep 11 2014
02:11 Mar 10, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H930.IH
H930
pbinns on DSKJLVW7X2PROD with $$_JOB
8
•HR 930 IH
‘‘(B) the acquisition of land for inclusion
1
in the National Forest System.
2
‘‘(7) EFFECT.—
3
‘‘(A) IN GENERAL.—Nothing in this sub-
4
section affects the applicability of section 7 of
5
the Act of April 24, 1950 (commonly known as
6
the ‘Granger-Thye Act’) (16 U.S.C. 580d), to
7
ski areas on National Forest System land.
8
‘‘(B) SUPPLEMENTAL
FUNDING.—Rental
9
charges retained and expended under this sub-
10
section shall supplement (and not supplant) ap-
11
propriated funding for the operation and main-
12
tenance of each covered unit.
13
‘‘(C) COST
RECOVERY.—Nothing in this
14
subsection affects any cost recovery under any
15
provision of law (including regulations) for
16
processing an application for or monitoring
17
compliance with a ski area permit or other
18
recreation special use permit.’’.
19
(b) EFFECTIVE DATE.—This section (including the
20
amendments made by this section) shall take effect on the
21
date that is 60 days after the date of enactment of this
22
Act.
23
Æ
VerDate Sep 11 2014
02:11 Mar 10, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H930.IH
H930
pbinns on DSKJLVW7X2PROD with $$_JOB