S254-118

1. Short title This Act may be cited as the Ski Hill Resources for Economic Development Act of 2023.

2. Establishment of ski area fee retention account Section 701 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 497c) is amended by adding at the end the following: In this subsection: The term Account means the Ski Area Fee Retention Account established under paragraph (2). The term covered unit means the unit of the National Forest System that collects the ski area permit rental charge under this section. The term Secretary means the Secretary of Agriculture. The Secretary of the Treasury shall establish a special account in the Treasury, to be known as the Ski Area Fee Retention Account. Subject to paragraphs (4) and (5), a ski area permit rental charge collected by the Secretary under this section shall— be deposited in the Account; be available to the Secretary for use, without further appropriation; and 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). 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). Of the amounts made available for expenditure under clause (i)— 75 percent shall be used at the covered unit for activities described in paragraph (5)(A); and 25 percent shall be used for activities at the covered unit described in paragraph (5)(B). 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). 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. 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: 75 percent shall be used for activities described in paragraph (5)(A). 25 percent shall be used for activities described in paragraph (5)(B). Amounts available to the Secretary for expenditure from the Account shall be only used for— the administration of the Forest Service ski area program, including— the processing of an application for a new ski area or a ski area improvement project, including staffing and contracting for the processing; and administering a ski area permit described in subsection (a); staff training for— the processing of an application for— a new ski area; a ski area improvement project; or a special use permit; or administering— a ski area permit described in subsection (a); or a special use permit; an interpretation activity, National Forest System visitor information, a visitor service, or signage; direct costs associated with collecting a ski area permit rental charge or other fee collected by the Secretary related to recreation; planning for, or coordinating to respond to, a wildfire in or adjacent to a recreation site, particularly a ski area; or 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 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; habitat restoration directly related to recreation; law enforcement related to public use and recreation; the construction or expansion of parking areas; the processing or administering of a recreation special use permit; avalanche information and education activities carried out by the Secretary or nonprofit partners; search and rescue activities carried out by the Secretary, a local government, or a nonprofit partner; or the administration of leases under— the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109–54); and section 8623 of the Agriculture Improvement Act of 2018 (16 U.S.C. 580d note; Public Law 115–334). Amounts in the Account may not be used for— the conduct of wildfire suppression; or the acquisition of land for inclusion in the National Forest System. 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. Rental charges retained and expended under this subsection shall supplement (and not supplant) appropriated funding for the operation and maintenance of each covered unit. 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. This section (including the amendments made by this section) shall take effect on the date that is 60 days after the date of enactment of this Act. (k)Ski area fee retention account(1)DefinitionsIn this subsection:(A)AccountThe term Account means the Ski Area Fee Retention Account established under paragraph (2).(B)Covered unitThe term covered unit means the unit of the National Forest System that collects the ski area permit rental charge under this section.(C)SecretaryThe term Secretary means the Secretary of Agriculture.(2)EstablishmentThe Secretary of the Treasury shall establish a special account in the Treasury, to be known as the Ski Area Fee Retention Account.(3)DepositsSubject 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 generalExcept 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)DistributionOf 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 fundsThe 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)ReductionThe 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 fundsThe 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)ExpendituresAmounts 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)LimitationAmounts 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 generalNothing 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 fundingRental 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 recoveryNothing 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..