S 472 — Ski Hill Resources for Economic Development Act

changes in existing law made by 
the bill S. 472, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 Public Law 104-333

AN ACT To provide for the administration of certain Presidio properties 
at minimal cost to the Federal taxpayer, and for other purposes.

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 DIVISION I

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 TITLE VII--FEES

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SEC. 701. SKI AREA PERMIT RENTAL CHARGE.

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 (k) Ski Area Fee Retention Account.--
 (1) Definitions.--In this subsection:
 (A) Account.--The term ``Account'' means the 
 Ski Area Fee Retention Account established 
 under paragraph (2).
 (B) Covered Unit.--The term ``covered unit'' 
 means the unit of the National Forest System 
 that collects the ski area permit rental charge 
 under this section.
 (C) Secretary.--The term ``Secretary'' means 
 the Secretary of Agriculture.
 (2) Establishment.--The Secretary of the Treasury 
 shall establish a special account in the Treasury, to 
 be known as the ``Ski Area Fee Retention Account''.
 (3) Deposits.--Subject to paragraphs (4) and (5), a 
 ski area permit rental charge collected by the 
 Secretary under this section shall--
 (A) be deposited in the Account;
 (B) be available to the Secretary for use, 
 without further appropriation; and
 (C) remain available for the period of 4 
 fiscal years beginning with the first fiscal 
 year after the fiscal year in which the ski 
 area permit rental charge is deposited in the 
 Account under subparagraph (A).
 (4) Distribution of amounts in the account.--
 (A) Local distribution of funds.--
 (i) In general.--Except as provided 
 in subparagraph (C), the Secretary 
 shall expend 80 percent of the ski area 
 permit rental charges deposited in the 
 Account from a covered unit at the 
 covered unit in accordance with clause 
 (ii).
 (ii) Distribution.--Of the amounts 
 made available for expenditure under 
 clause (i)--
 (I) 75 percent shall be used 
 at the covered unit for 
 activities described in 
 paragraph (5)(A); and
 (II) 25 percent shall be used 
 for activities at the covered 
 unit described in paragraph 
 (5)(B).
 (B) Agency wide distribution of funds.--The 
 Secretary shall expend 20 percent of the ski 
 area permit rental charges deposited in the 
 Account from a covered unit at any unit of the 
 National Forest System for an activity 
 described in subparagraph (A) or (B) of 
 paragraph (5).
 (C) Reduction of percentage.--
 (i) Reduction.--The Secretary shall 
 reduce the percentage otherwise 
 applicable under subparagraph (A)(i) to 
 not less than 60 percent if the 
 Secretary determines that the amount 
 otherwise made available under that 
 subparagraph exceeds the reasonable 
 needs of the covered unit for which 
 expenditures may be made in the 
 applicable fiscal year.
 (ii) Distribution of funds.--The 
 balance of the ski area permit rental 
 charges that are collected at a covered 
 unit, deposited into the Account, and 
 not distributed in accordance with 
 subparagraph (A) or (B) shall be 
 available to the Secretary for 
 expenditure at any other unit of the 
 National Forest System in accordance 
 with the following:
 (I) 75 percent shall be used 
 for activities described in 
 paragraph (5)(A).
 (II) 25 percent shall be used 
 for activities described in 
 paragraph (5)(B).
 (5) Expenditures.--Amounts available to the Secretary 
 for expenditure from the Account shall be only used 
 for--
 (A)(i) the administration of the Forest 
 Service ski area program, including--
 (I) the processing of an 
 application for a new ski area 
 or a ski area improvement 
 project, including staffing and 
 contracting for the processing; 
 and
 (II) administering a ski area 
 permit described in subsection 
 (a);
 (ii) staff training for--
 (I) the processing of an 
 application for--
 (aa) a new ski area;
 (bb) a ski area 
 improvement project; or 
 (cc) a special use 
 permit; or
 (II) administering--
 (aa) a ski area 
 permit described in 
 subsection (a); or
 (bb) a special use 
 permit;
 (iii) an interpretation activity, 
 National Forest System visitor 
 information, a visitor service, or 
 signage;
 (iv) direct costs associated with 
 collecting a ski area permit rental 
 charge or other fee collected by the 
 Secretary related to recreation;
 (v) planning for, or coordinating to 
 respond to, a wildfire in or adjacent 
 to a recreation site, particularly a 
 ski area; or
 (vi) reducing the likelihood of a 
 wildfire starting, or the risks posed 
 by a wildfire, in or adjacent to a 
 recreation site, particularly a ski 
 area, except through hazardous fuels 
 reduction activities; or
 (B)(i) the repair, maintenance, or 
 enhancement of a Forest Service-owned facility, 
 road, or trail directly related to visitor 
 enjoyment, visitor access, or visitor health or 
 safety;
 (ii) habitat restoration directly 
 related to recreation;
 (iii) law enforcement related to 
 public use and recreation;
 (iv) the construction or expansion of 
 parking areas;
 (v) the processing or administering 
 of a recreation special use permit;
 (vi) avalanche information and 
 education activities carried out by the 
 Secretary or nonprofit partners;
 (vii) search and rescue activities 
 carried out by the Secretary, a local 
 government, or a nonprofit partner; or
 (viii) the administration of leases 
 under--
 (I) the Forest Service 
 Facility Realignment and 
 Enhancement Act of 2005 (16 
 U.S.C. 580d note; Public Law 
 109-54); and
 (II) section 8623 of the 
 Agriculture Improvement Act of 
 2018 (16 U.S.C. 580d note; 
 Public Law 115-334).
 (6) Limitation.--Amounts in the Account may not be 
 used for--
 (A) the conduct of wildfire suppression; or
 (B) the acquisition of land for inclusion in 
 the National Forest System.
 (7) Effect.--
 (A) In general.--Nothing in this subsection 
 affects the applicability of section 7 of the 
 Act of April 24, 1950 (commonly known as the 
 `Granger-Thye Act') (16 U.S.C. 580d), to ski 
 areas on National Forest System land.
 (B) Supplemental funding.--Rental charges 
 retained and expended under this subsection 
 shall supplement (and not supplant) 
 appropriated funding for the operation and 
 maintenance of each covered unit.
 (C) Cost recovery.--Nothing in this 
 subsection affects any cost recovery under any 
 provision of law (including regulations) for 
 processing an application for or monitoring 
 compliance with a ski area permit or other 
 recreation special use permit.''

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