
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC497c]

 
                         TITLE 16--CONSERVATION
 
                       CHAPTER 2--NATIONAL FORESTS
 
             SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
 
Sec. 497c. Ski area permit rental charge


(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) of this section. 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) of this section.

(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)  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 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) of this section 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 November 12, 1996. 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) Effective date

    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 November 12, 1996, 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) Non-national forest land operations

    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) ``Revenue'' and ``sales'' defined; limitations

    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) Minimum rental charge

    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) of this section, 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) Five-year phase-in of increase

    Where the new rental charge provided for in subsection (b)(1) of 
this section 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) of this section, the new rental 
charge shall be phased in over a five-year period in a manner providing 
for increases of approximately equal increments.

(i) Construction with National Environmental Policy Act of 1969

    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) Withdrawal from mining laws

    Subject to valid existing rights, all lands located within the 
boundaries of ski area permits issued prior to, on or after November 12, 
1996, 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 all 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.

(Pub. L. 104-333, div. I, title VII, Sec. 701, Nov. 12, 1996, 110 Stat. 
4182; Pub. L. 106-176, title I, Sec. 117, Mar. 10, 2000, 114 Stat. 27.)

                       References in Text

    Act of March 4, 1915, referred to in subsecs. (a) and (j), is act 
Mar. 4, 1915, ch. 144, 38 Stat. 1086, as amended. For complete 
classification of this Act to the Code, see Tables.
    Act of June 4, 1897, referred to in subsecs. (a) and (j), is act 
June 4, 1897, ch. 2, 30 Stat. 11. For complete classification of this 
Act to the Code, see Tables.
    The National Forest Ski Area Permit Act of 1986, referred to in 
subsecs. (a) and (j), is Pub. L. 99-522, Oct. 22, 1986, 100 Stat. 3000, 
which enacted section 497b of this title and provisions set out as a 
note under section 497b of this title. For complete classification of 
this Act to the Code, see Short Title note set out under section 497b of 
this title and Tables.
    The National Environmental Policy Act of 1969, referred to in 
subsec. (i), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 
42, The Public Health and Welfare. For complete classification of this 
Act to the Code, see Short Title note set out under section 4321 of 
Title 42 and Tables.
    The mining laws and the laws pertaining to mineral leasing, referred 
to in subsec. (j), are classified generally to Title 30, Mineral Lands 
and Mining.
    Laws pertaining to geothermal leasing, referred to in subsec. (j), 
are classified principally to chapter 23 (Sec. 1001 et seq.) of Title 
30.
    The public land laws, referred to in subsec. (j), are classified 
generally to Title 43, Public Lands.


                               Amendments

    2000--Subsec. (b)(3). Pub. L. 106-176, Sec. 117(1), substituted 
``required by this section'' for ``legislated by this Act''.
    Subsec. (d). Pub. L. 106-176, Sec. 117(2), in introductory 
provisions, substituted ``formula of this section'' for ``formula of 
this Act'', in pars. (1) to (3), substituted ``this section'' for ``this 
Act'', and, in concluding provisions, inserted ``adjusted gross revenue 
for the'' before ``1994-1995 base year'' and substituted ``this 
section'' for ``this Act''.
    Subsec. (f). Pub. L. 106-176, Sec. 117(3), inserted ``offered for 
commercial or other promotional purposes'' after ``complimentary lift 
tickets''.
    Subsec. (i). Pub. L. 106-176, Sec. 117(4), substituted ``this 
section'' for ``this Act''.
