SHRED Act

I 117TH CONGRESS 1ST SESSION H. R. 3686 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 JUNE 4, 2021 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’’ or the ‘‘SHRED Act’’. 5 VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3686 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 a unit of the National Forest Sys- 13 tem that collects a rental charge. 14 ‘‘(C) PROGRAM.—The term ‘Program’ 15 means the Forest Service Ski Area Program. 16 ‘‘(D) REGION.—The term ‘region’ means a 17 region of the Forest Service. 18 ‘‘(E) RENTAL CHARGE.—The term ‘rental 19 charge’ means a permit rental charge that is 20 charged under subsection (a). 21 ‘‘(F) SECRETARY.—The term ‘Secretary’ 22 means the Secretary of Agriculture. 23 ‘‘(2) ESTABLISHMENT.—The Secretary of the 24 Treasury shall establish in the Treasury a special 25 VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3686 IH account, to be known as the ‘Ski Area Fee Retention 1 Account’, into which there shall be deposited— 2 ‘‘(A) in the case of a covered unit at which 3 $15,000,000 or more is collected by the covered 4 unit from rental charges in a fiscal year, an 5 amount equal to 60 percent of the rental 6 charges collected at the covered unit in the fis- 7 cal year; or 8 ‘‘(B) in the case of any other covered unit, 9 an amount equal to 75 percent of the rental 10 charges collected at the covered unit in a fiscal 11 year. 12 ‘‘(3) AVAILABILITY.—Subject to paragraph (5), 13 any amounts deposited in the Account under para- 14 graph (2) shall be available to the Secretary for use 15 in accordance with paragraph (4), without further 16 appropriation, and shall remain available until ex- 17 pended. 18 ‘‘(4) USE AND DISTRIBUTION OF AMOUNTS IN 19 THE ACCOUNT.— 20 ‘‘(A) DISTRIBUTION OF PERCENTAGE 21 AMOUNTS.—Except as provided in subpara- 22 graphs (B), (C), (D), (F), and (G), 75 percent 23 of the amounts deposited in the Account from 24 a covered unit at which the rental charges were 25 VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3686 IH collected in the preceding fiscal year shall be 1 available for expenditure in accordance with 2 subparagraph (E) at that covered unit. 3 ‘‘(B) REDUCTION OF PERCENTAGE 4 AMOUNT.—Subject to subparagraph (C), the 5 Secretary may reduce the percentage of 6 amounts available to a covered unit under sub- 7 paragraph (A) if the Secretary determines that 8 the amounts will exceed the reasonable needs of 9 the covered unit for the purposes described in 10 subparagraph (E) in the fiscal year. 11 ‘‘(C) LIMITATION.—The Secretary may not 12 reduce, pursuant to subparagraph (B), the per- 13 centage of amounts available under subpara- 14 graph (A)— 15 ‘‘(i) in the case of a covered unit de- 16 scribed in paragraph (2)(A), to less than 17 25 percent of the amount of rental charges 18 deposited in the Account from the covered 19 unit in a fiscal year; or 20 ‘‘(ii) in the case of any other covered 21 unit, to less than 40 percent of the amount 22 of rental charges deposited in the Account 23 from the covered unit in a fiscal year. 24 VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3686 IH ‘‘(D) DISTRIBUTION OF REDUCTION 1 AMOUNTS.—The Secretary may make any 2 amounts in the Account remaining as a result 3 of any reduction in the percentage of amounts 4 under subparagraph (B) available to other cov- 5 ered units or the regions in which the covered 6 units are located for the purposes described in 7 subparagraph (E), taking into consideration the 8 following factors: 9 ‘‘(i) Any backlog in ski area permit 10 and Program administration in the covered 11 units, including— 12 ‘‘(I) the number of proposals for 13 ski area improvement projects; and 14 ‘‘(II) the processing of proposals 15 for ski area improvement projects. 16 ‘‘(ii) Any need for services, training, 17 staffing, or the streamlining of programs 18 in the other covered units or the region in 19 which the covered units are located that 20 would improve the administration of the 21 Program. 22 ‘‘(iii) Any need for wildfire prepared- 23 ness, planning, and coordination in and 24 around ski areas. 25 VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3686 IH ‘‘(E) AUTHORIZED EXPENDITURES.— 1 Amounts distributed from the Account to a cov- 2 ered unit under this subsection may be used 3 for— 4 ‘‘(i) ski area special use permit and 5 Program administration in the covered 6 unit, including— 7 ‘‘(I) the processing of proposals 8 for ski area improvement projects; 9 and 10 ‘‘(II) staffing and contracting for 11 that processing and related services in 12 the covered unit or in the applicable 13 region; 14 ‘‘(ii) staff training for processing of 15 ski area applications and administering ski 16 area permits in the covered unit or the re- 17 gion in which the covered unit is located; 18 ‘‘(iii) interpretation activities, visitor 19 information, visitor services, and signage in 20 the covered unit to enhance the ski area 21 visitor experience on National Forest Sys- 22 tem land; and 23 ‘‘(iv) wildfire preparedness, planning, 24 and coordination in and around ski areas 25 VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3686 IH in the covered unit or in the applicable re- 1 gion. 2 ‘‘(F) EXPENDITURE FOR OTHER PUR- 3 POSES.—If any amounts remain in the Account 4 after all necessary Program expenditures have 5 been made under subparagraph (D), the Sec- 6 retary may use the amounts for other purposes 7 in accordance with subparagraph (G). 8 ‘‘(G) OTHER RECREATION PERMIT ADMIN- 9 ISTRATION, VISITOR SERVICES, AND OTHER 10 PURPOSES.—In addition to any amounts re- 11 maining in the Account described in subpara- 12 graph (F), 25 percent of the amounts deposited 13 in the Account from a covered unit in which the 14 rental charges were collected shall remain avail- 15 able for expenditure at that covered unit or the 16 region in which the covered unit is located for— 17 ‘‘(i) administering non-ski area Forest 18 Service recreation special use permits; 19 ‘‘(ii) avalanche information and edu- 20 cation activities carried out by the Sec- 21 retary or nonprofit partners; 22 ‘‘(iii) recreation management, mainte- 23 nance, and services; and 24 ‘‘(iv) administration of leases under— 25 VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3686 IH ‘‘(I) the Forest Service Facility 1 Realignment and Enhancement Act of 2 2005 (16 U.S.C. 580d note; Public 3 Law 109–54); and 4 ‘‘(II) section 8623 of the Agri- 5 culture Improvement Act of 2018 (16 6 U.S.C. 580d note; Public Law 115– 7 334). 8 ‘‘(H) LIMITATION.—Amounts in the Ac- 9 count may not be used for— 10 ‘‘(i) the conduct of wildfire suppres- 11 sion outside ski area permit boundaries; or 12 ‘‘(ii) the acquisition of land for inclu- 13 sion in the National Forest System. 14 ‘‘(5) SAVINGS PROVISIONS.— 15 ‘‘(A) IN GENERAL.—Nothing in this sub- 16 section affects the applicability of section 7 of 17 the Act of April 24, 1950 (commonly known as 18 the ‘Granger-Thye Act’) (16 U.S.C. 580d), to 19 ski areas on National Forest System land. 20 ‘‘(B) SUPPLEMENTAL FUNDING.—Rental 21 charges retained and expended under this sub- 22 section shall supplement (and not supplant) ap- 23 propriated funding for the operation and main- 24 tenance of each covered unit. 25 VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3686 IH ‘‘(C) COST RECOVERY.—Nothing in this 1 subsection affects any cost recovery under any 2 other provision of law for processing applica- 3 tions for or monitoring compliance with ski area 4 permits or other recreation special use per- 5 mits.’’. 6 (b) EFFECTIVE DATE.—This section (including the 7 amendments made by this section) shall take effect on the 8 date that is 60 days after the date of enactment of this 9 Act. 10 (c) IMPLEMENTATION.—The Secretary of Agriculture 11 shall not be required to issue regulations or policy guid- 12 ance to implement this section (including the amendments 13 made by this section). 14 Æ VerDate Sep 11 2014 01:51 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3686.IH H3686 kjohnson on DSK79L0C42PROD with BILLS