United States 116th Congress Status: In Committee 1 R cosponsors

S 1723 — Ski Area Fee Retention Act

Last action — Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 116-342.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

National forests · 16 U.S.C. ch. 2 1 section
  • § 497c Ski area permit rental charge Amends

    16 U.S.C. § 497c

    The law today

    (a) In general 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) Formula (1) The ski area permit rental charge (SAPRC) shall be calculated by adding the permittee’s gross revenues 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 percentage (STFP) on National Forest System land. That amount shall be increased by the gross year-round revenue from ancillary facilities (GRAF) physically located on national forest land, including all permittee or subpermittee lodging, food service, rental shops, parking and other ancillary operations, to determine the adjusted gross revenue (AGR) subject to the permit rental charge. The final rental 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 between $3,000,000 and $15,000,000; (C) 2.75 percent for adjusted gross revenue between $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 subsection 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 percentage on national forest land referred to in this subsection 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 percentage 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 the ski area permittees, the adjusted gross revenue figures for each revenue bracket in paragraph (1) shall be adjusted annually by the percent increase or decrease in the national Consumer Price Index for the preceding calendar year. No later than 3 years after November 12, 1996, and every 5 years 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 analyzing whether the ski area permit rental charge required by this section 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) Payment The rental charge set forth in subsection (b) shall be due on June 1 of each year and shall be paid or prepaid 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...

    10 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 16 U.S.C. § 580d

How this bill changes current law

7 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes a Ski Area Fee Retention Account to manage and retain a percentage of rental charges collected from ski areas on National Forest System lands.

  • 16 U.S.C. 497c

    (k) Ski Area Fee Retention Account.--

    Creates a new subsection for the establishment of a Ski Area Fee Retention Account.

  • 16 U.S.C. 497c

    (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 a national forest that collects a rental charge under this section. (C) Region.--The term `Region' means a Forest Service region. (D) Rental charge.--The term `rental charge' means a permit rental charge that is charged under subsection (a). (E) Secretary.--The term `Secretary' means the Secretary of Agriculture.

    Defines key terms related to the new fee retention account.

  • 16 U.S.C. 497c

    (2) Establishment.--The Secretary of the Treasury shall establish in the Treasury a special account, to be known as the `Ski Area Fee Retention Account', into which there shall be deposited-- (A) in the case of a covered unit at which not less than $15,000,000 is collected by the covered unit from rental charges in a fiscal year, an amount equal to 50 percent of the rental charges collected at the covered unit in the fiscal year; or (B) in the case of any other covered unit, an amount equal to 65 percent of the rental charges collected at the covered unit in a fiscal year.

    Authorizes the Secretary of the Treasury to create an account for retaining a specified percentage of rental charges from ski area permits.

  • 16 U.S.C. 497c

    (3) Availability.--Subject to paragraphs (4), (5), and (6), any amounts deposited in the Account under paragraph (2) shall remain available for expenditure, without further appropriation, until expended.

    Ensures that funds in the Ski Area Fee Retention Account can be spent without additional appropriation.

  • 16 U.S.C. 497c

    (4) Local distribution of amounts in the account.-- (A) In general.--Except as provided in subparagraph (B), 100 percent of the amounts deposited in the Account from a specific covered unit shall remain available for expenditure at the covered unit at which the rental charges were collected.

    Mandates that funds collected from rental charges be spent at the same covered unit where they were collected.

  • 16 U.S.C. 497c

    (5) Authorized expenditures.-- (A) In general.--Amounts distributed from the Account to a covered unit under this subsection may be used for-- (i) ski area special use permit administration and processing of proposals for ski area improvement projects in the covered unit, including staffing and contracting for such administration or processing or related services in the covered unit or the applicable Region; (ii) training programs on processing ski area applications, administering ski area permits, or ski area process streamlining in the covered unit or the Region in which the covered unit is located; (iii) interpretation activities, visitor information, visitor services, and signage in the covered unit to enhance-- (I) the ski area visitor experience on National Forest System land; and (II) avalanche information and education activities carried out by the Forest Service; (iv) the costs of leasing administrative sites under section 8623 of the Agriculture Improvement Act of 2018 (16 U.S.C. 580d note; Public Law 115-334) for ski area-related purposes.

    Specifies how amounts from the Ski Area Fee Retention Account can be used for various authorized expenditures related to ski area management.

  • 16 U.S.C. 497c

    (6) Savings provisions.-- (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.

    Clarifies that the new provisions do not alter existing laws related to ski area permits.

Action History

  1. Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 116-342.

  2. Introduced in Senate

  3. Read twice and referred to the Committee on Energy and Natural Resources.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors S 1723?
S 1723 is sponsored by Gardner, Cory (Republican).
What is the current status of S 1723?
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 1723?
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