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115th Congress   }                                       {  Rept. 115-990
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {  Part 1

======================================================================



 
                       SKI AREA FEE RETENTION ACT

                                _______
                                

                October 23, 2018.--Ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 5171]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5171) to amend the Omnibus Parks and Public 
Lands Management Act of 1996 to provide for the establishment 
of a Ski Area Fee Retention Account, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 5171 is to amend the Omnibus Parks and 
Public Lands Management Act of 1996 to provide for the 
establishment of a Ski Area Fee Retention Account.

                  Background and Need for Legislation

    Americans enjoy the outdoors, and few outdoor activities 
have a more devoted user base than downhill skiing and 
snowboarding. Each year U.S. ski resorts receive 50 million 
visits, with roughly 30 million visits to ski areas on public 
lands.\1\ Currently, there are 481 ski areas in operation in 
the United States, of which 122 operate on approximately 
180,000 acres of National Forest System lands.\2\ While ski 
areas occupy less than one percent of all National Forest 
System lands, they receive about one-fifth of all recreation in 
our national forests. In fact, downhill skiing is the second-
most prevalent activity occurring on national forests, behind 
walking and hiking.\3\
---------------------------------------------------------------------------
    \1\``Kottke National End of Season Survey 2016/2017.'' RRC 
Associates. Accessed July 12, 2018. http://www.nsaa.org/media/303945/
visits.pdf.
    \2\``US Forest Service Finalizes Policy to Promote Year-round 
Recreation on Ski Areas.'' U.S. Forest Service. April 15, 2014. 
Accessed July 12, 2018. https://www.fs.fed.us/news/releases/us-forest-
service-finalizes-policy-promote-year-round-recreation-ski-areas.
    \3\``National Visitor Use Monitoring Survey Results National 
Summary Report 2016.'' U.S. Forest Service. Accessed July 12, 2018. 
https://www.fs.fed.us/recreation/programs/nvum/pdf/
5082016NationalSummaryReport062217.pdf.
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    The growth and evolution of public lands ski areas over the 
past century has been dramatic, from small lodges and rope tows 
to large resorts that now offer multi-season activities. Much 
of this success can be attributed to the partnership between 
U.S. Forest Service (USFS) and privately-owned resorts. Public 
lands ski areas are significant contributors to the outdoor 
recreation economy and each year these resorts pay roughly $37 
million in rental fees to the U.S. Treasury.\4\ In addition, 
the recreational opportunities provided at public lands ski 
areas help benefit rural economies, improve the health and 
fitness of millions of Americans, provide youth and families 
enjoyable outdoor experiences, and promote appreciation for the 
natural environment.
---------------------------------------------------------------------------
    \4\Blevins, Jason. "Gardner, Bennet, Tipton Propose Legislation 
That Would Allow Local National Forests to Retain Ski Area Rent 
Payments." March 06, 2018. Accessed July 12, 2018. https://
www.denverpost.com/2018/03/06/ski-area-fee-retention-act-national-
forests/.
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    The growth of four-season visitation at ski areas is 
spurring demand for expanded and updated facilities and 
amenities from recreational users. This demand is creating a 
hyper-competitive market that can present challenges for ski 
resorts, but ultimately benefits recreators. Unfortunately, 
USFS struggles to keep pace with permitting for needed 
infrastructure improvements and capital investments at existing 
resorts. Most capital expenditures require years of complex and 
expensive planning, and while public lands ski areas pay for 
the improvements and necessary environmental reviews, USFS 
remains unable to meet the demand. Lack of capacity with 
respect to permit administration negatively affects recreation 
providers, the visitor experience, and ultimately the rural 
economies in which the providers operate.
    The Ski Area Fee Retention Act, H.R. 5171, aims to help 
USFS keep pace with ski area permitting demand by allowing a 
portion of the roughly $37 million that public lands ski 
resorts generate annually to be retained and used by USFS. 
Retained funds are authorized to be used in support of ski area 
permit administration, other recreation permit administration, 
interpretation, visitor services, and avalanche safety 
programs.
    Retaining recreation fees locally is not new. USFS, along 
with four other land management agencies, are authorized 
through the Federal Lands Recreation Enhancement Act (FLREA, 16 
U.S.C. Ch. 87) to collect and retain fees on federal 
recreational lands and waters. Under FLREA, at least 80% of the 
revenue collected is retained and used at the site where it was 
generated, although the Secretaries can reduce that amount to 
60% for a fiscal year if collections exceed reasonable needs. 
The remaining collections are to be used agency-wide, at the 
discretion of the agency. In Fiscal Year 2015, the five 
agencies collected a total of $336.6 million in recreation 
receipts under FLREA.\5\
---------------------------------------------------------------------------
    \5\Vincent, Carol Hardy. ``Federal Lands Recreation Enhancement 
Act: Overview and Issues.'' Congressional Research Service. January 23, 
2018. Accessed July 12, 2018.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 5171 was introduced on March 6, 2018, by Congressman 
Scott R. Tipton (R-CO). The bill was referred to the Committee 
on Natural Resources, and additionally to the Committee on 
Agriculture. Within the Natural Resources Committee, the bill 
was referred to the Subcommittee on Federal Lands. On July 17, 
2018, the Subcommittee held a hearing on the legislation. On 
July 18, 2018, the Natural Resources Committee met to consider 
the bill. The Subcommittee was discharged by unanimous consent. 
No amendments were offered, and the bill was ordered favorably 
reported to the House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 28, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5171, the Ski Area 
Fee Retention Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 5171--Ski Area Fee Retention Act

    Summary: H.R. 5171 would authorize the Secretary of 
Agriculture to spend, without further appropriation, a portion 
of the rental fees paid to the Forest Service by ski area 
operators occupying lands administered by the agency. Under 
current law, all rental income from such ski areas is deposited 
into the Treasury as offsetting receipts. Using information 
provided by the Forest Service, CBO estimates that enacting the 
bill would increase direct spending by $236 million over the 
2019-2028 period.
    Enacting H.R. 5171 would affect direct spending; therefore, 
pay-as-you-go procedures apply. The bill would not affect 
revenues.
    CBO estimates that enacting H.R. 5171 would not increase 
net direct spending by more than $2.5 billion or on-budget 
deficits by more than $5 billion in any of the four consecutive 
10-year periods beginning in 2029.
    H.R. 5171 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 5171 is shown in the following table. 
The costs of the legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2018    2019    2020    2021    2022    2023    2024    2025    2026    2027    2028   2019-2023  2019-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Estimated Budget Authority................       0      22      23      23      23      23      24      24      24      25      25       114        236
Estimated Outlays.........................       0      22      23      23      23      23      24      24      24      25      25       114        236
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted late in 2018.
    Under current law, the Forest Service collects rental fees 
from ski area operators and deposits those amounts into the 
Treasury. Over the past five years, total fee collections, 
which vary based on the quality of the ski season, have 
averaged $37 million annually. Under the bill, the Forest 
Service would be authorized to retain and spend 50 percent of 
all rental fees from ski areas where annual revenues total at 
least $15 million and 65 percent of all fees from areas with 
less than $15 million in annual revenues. Using information 
provided by the Forest Service, CBO estimates that the agency 
would retain and spend $24 million a year, on average. Those 
amounts would be used to fund activities related to the 
administration of ski areas.
    The bill also would direct the Secretary of Agriculture to 
use a portion of the rental fees to reduce amounts currently 
charged to ski area operators through cost recovery fees 
associated with the permitting process. Because the Forest 
Service has the authority to collect and spend those fees 
without further appropriation, CBO estimates that reducing cost 
recovery fees for activities associated with administering ski 
areas would have no net effect on direct spending.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

 CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5171, THE SKI AREA FEE RETENTION ACT, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON
                                                                      JULY 19, 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2018    2019    2020    2021    2022    2023    2024    2025    2026    2027    2028   2018-2023  2018-2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Effect............       0      22      23      23      23      23      24      24      24      25      25       114        236
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 5171 would not increase net direct 
spending by more than $2.5 billion or on-budget deficits by 
more than $5 billion in any of the four consecutive 10-year 
periods beginning in 2029.
    Mandates: H.R. 5171 contains no intergovernmental or 
private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Jeff LaFave; Mandates: 
Zachary Byrum.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; Theresa Gullo, 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Omnibus Parks and Public 
Lands Management Act of 1996 to provide for the establishment 
of a Ski Area Fee Retention Account.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

  SECTION 701 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 
                                  1996

SEC. 701. SKI AREA PERMIT RENTAL CHARGE.

  (a) 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)(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) X STFP) + GRAF = AGR; AGR X % 
        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 subsection (b) 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 the date of enactment of this Act 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) 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 to 
enactment of this Act. To reduce costs to the permittee and the 
Forest Service, the Secretary shall each year provide the 
permittee with a standardized form and worksheets (including 
annual rental charge calculation brackets and rates) to be used 
for rental charge calculation and submitted with the rental 
charge payment. Information provided on such forms shall be 
compiled by the Secretary annually and kept in the Office of 
the Chief, United States Forest Service.
  (d) The ski area permit rental charge set forth in this 
section shall become effective on June 1, 1996 and cover 
receipts retroactive to June 1, 1995: Provided, That if a 
permittee has paid rental charges for the period June 1, 1995, 
to June 1, 1996, under the graduated rate rental charge system 
formula in effect prior to the date of enactment of this Act, 
such rental charges shall be credited toward the new rental 
charge due on June 1, 1996. In order to ensure increasing 
rental charge receipt levels to the United States during 
transition from the graduated rate rental charge system formula 
to the formula of this section, the rental charge paid by any 
individual permittee shall be--
          (1) for the 1995-1996 permit year, either the rental 
        charge paid for the preceding 1994-1995 base year or 
        the rental charge calculated pursuant to this section, 
        whichever is higher;
          (2) for the 1996-1997 permit year, either the rental 
        charge paid for the 1994-1995 base year or the rental 
        charge calculated pursuant to this section, whichever 
        is higher; and
          (3) for the 1997-1998 permit year, either the rental 
        charge for the 1994-1995 base year or the rental charge 
        calculated pursuant to this section, whichever is 
        higher.
If an individual permittee's adjusted gross revenue for the 
1995-1996, 1996-1997, or 1997-1998 permit years falls more than 
10 percent below the adjusted gross revenue for the 1994-1995 
base year, the rental charge paid shall be the rental charge 
calculated pursuant to this section.
  (e) Under no circumstances shall revenue, or subpermittee 
revenue (other than lift ticket, area use pass, or ski school 
sales) obtained from operations physically located on non-
national forest land be included in the ski area permit rental 
charge calculation.
  (f) To reduce administrative costs of ski area permittees and 
the Forest Service the terms ``revenue'' and ``sales'', as used 
in this section, shall mean actual income from sales and shall 
not include sales of operating equipment, refunds, rent paid to 
the permittee by sublessees, sponsor contributions to special 
events or any amounts attributable to employee gratuities or 
employee lift tickets, discounts, or other goods or services 
(except for bartered goods and complimentary lift tickets 
offered for commercial or other promotional purposes) for which 
the permittee does not receive money.
  (g) In cases where an area of national forest land is under a 
ski area permit but the permittee does not have revenue or 
sales qualifying for rental charge payment pursuant to 
subsection (a), the permittee shall pay an annual minimum 
rental charge of $2 for each national forest acre under permit 
or a percentage of appraised land value, as determined 
appropriate by the Secretary.
  (h) Where the new rental charge provided for in subsection 
(b)(1) results in an increase in permit rental charge greater 
than one-half of 1 percent of the permittee's adjusted gross 
revenue as determined under subsection (b)(1), the new rental 
charge shall be phased in over a five-year period in a manner 
providing for increases of approximately equal increments.
  (i) To reduce Federal costs in administering the provisions 
of this section, the reissuance of a ski area permit to provide 
activities similar in nature and amount to the activities 
provided under the previous permit shall not constitute a major 
Federal action for the purposes of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4331 et seq.).
  (j) Subject to valid existing rights, all lands located 
within the boundaries of ski area permits issued prior to, on 
or after the date of enactment of this Act pursuant to 
authority of the Act of March 4, 1915 (38 Stat. 1101, chapter 
144; 16 U.S.C. 497), and the Act of June 4, 1897, or the 
National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) 
are hereby and henceforth automatically withdrawn from all 
forms of appropriation under the mining laws and from 
disposition under a1l laws pertaining to mineral and geothermal 
leasing and all amendments thereto. Such withdrawal shall 
continue for the full term of the permit and any modification, 
reissuance, or renewal thereof. Unless the Secretary requests 
otherwise of the Secretary of the Interior, such withdrawal 
shall be canceled automatically upon expiration or other 
termination of the permit and the land automatically restored 
to all appropriation not otherwise restricted under the public 
land laws.
  (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 a National Forest which 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.
          (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.
          (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.
          (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.
                  (B) Reduction.--
                          (i) In general.--Subject to clause 
                        (ii), the Secretary may reduce the 
                        percentage of amounts available to a 
                        covered unit under subparagraph (A) if 
                        the Secretary determines that the 
                        rental charges collected at the covered 
                        unit exceed the reasonable needs of the 
                        covered unit for that fiscal year for 
                        authorized expenditures described in 
                        paragraph (5)(A).
                          (ii) Limitation.--The Secretary may 
                        not reduce the percentage of amounts 
                        available under clause (i)--
                                  (I) in the case of a covered 
                                unit described in paragraph 
                                (2)(A), to less than 35 percent 
                                of the amount of rental charges 
                                deposited in the Account from 
                                the covered unit in a fiscal 
                                year; or
                                  (II) in the case of any other 
                                covered unit, to less than 50 
                                percent of the amount of rental 
                                charges deposited in the 
                                Account from the covered unit 
                                in a fiscal year.
                  (C) Transfer to other covered units.--
                          (i) Distribution.--If the Secretary 
                        determines that the percentage of 
                        amounts otherwise available to a 
                        covered unit under subparagraph (A) 
                        should be reduced under subparagraph 
                        (B), the Secretary may transfer to 
                        other covered units, for allocation in 
                        accordance with clause (ii), the 
                        percentage of the amounts withheld from 
                        the covered unit under subparagraph 
                        (B), to be expended by the other 
                        covered units in accordance with 
                        paragraph (5).
                          (ii) Criteria.--In determining the 
                        allocation of amounts to be transferred 
                        under clause (i) among other covered 
                        units, the Secretary shall consider--
                                  (I) the number of proposals 
                                for ski area improvements in 
                                the other covered units;
                                  (II) any backlog in ski area 
                                permit administration or the 
                                processing of ski area 
                                proposals in the other covered 
                                units; and
                                  (III) any need for services, 
                                training, staffing, or 
                                streamlining programs in the 
                                other covered units or the 
                                Region in which they are 
                                located that would improve the 
                                administration of the Forest 
                                Service Ski Area Program.
          (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, process, or services 
                        through the unit or the Region;
                          (ii) any expenses that the Forest 
                        Service would have otherwise applied to 
                        ski area permittees through cost 
                        recovery pursuant to part 251 of title 
                        36, Code of Federal Regulations;
                          (iii) 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 unit is located; 
                        and
                          (iv) 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.
                  (B) Other uses.--If any amounts are still 
                available in the Account after all ski area 
                permit-related expenditures under subparagraph 
                (A) are made, including amounts transferred to 
                other covered units pursuant to paragraph 
                (4)(C), such remaining amounts in the Account 
                may be applied to permit administration for 
                other (non-ski area) Forest Service recreation 
                special use permits at the discretion of the 
                Secretary. The Secretary shall first determine 
                that all ski area-related permit 
                administration, processing and interpretation 
                needs have been met in all covered units and 
                Regions before applying any remaining amounts 
                in the Account to non-ski area uses.
                  (C) Limitation.--Amounts in the Account may 
                not be used for--
                          (i) the conduct of wildfire 
                        suppression or preparedness activities;
                          (ii) the conduct of biological 
                        monitoring on National Forest System 
                        land under the Endangered Species Act 
                        of 1973 (16 U.S.C. 1531 et seq.) for 
                        listed species or candidate species, 
                        except as required by law for 
                        environmental review of ski area 
                        projects;
                          (iii) the acquisition of land for 
                        inclusion in the National Forest 
                        System; or
                          (iv) Forest Service administrative 
                        sites.
          (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.
                  (B) Revenue allocation payments.--Rental 
                charges deposited in the Account under 
                paragraph (2) shall be considered to be amounts 
                received from the National Forest System for 
                purposes of calculating amounts to be paid 
                under--
                          (i) the Secure Rural Schools and 
                        Community Self-Determination Act of 
                        2000 (16 U.S.C. 7101 et seq.);
                          (ii) the sixth paragraph under the 
                        heading ``forest service'' in the Act 
                        of May 23, 1908 (35 Stat. 260; 16 
                        U.S.C. 500);
                          (iii) section 13 of the Act of March 
                        1, 1911 (36 Stat. 963; 16 U.S.C. 500); 
                        and
                          (iv) chapter 69 of title 31, United 
                        States Code.
                  (C) 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.
                
                
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