§497c Ski Area Permit Rental Charge

Summary

The Secretary of Agriculture must charge a rental fee for all ski area permits on National Forest System land. The fee is based on a ski area’s sales from lift tickets and year‑round ski passes plus ski school income, multiplied by the share of slope transport (lifts, etc.) that is on national forest land, and then adding gross year‑round income from on‑forest ancillary businesses (like lodging, food, rentals, parking). That gives the adjusted gross revenue (AGR). The rental fee is then calculated by applying these rates to AGR: 1.5 percent of the portion under $3,000,000; 2.5 percent of the portion from $3,000,000 to $15,000,000; 2.75 percent of the portion from $15,000,000 to $50,000,000; and 4.0 percent of the portion over $50,000,000. If a ski area is only partly on Forest Service land, the slope‑share is computed as described in the Forest Service Manual in effect on January 1, 1992. Nordic trail income is included or excluded based on the share of trails on national forest land. AGR brackets are adjusted each year by the national Consumer Price Index. No later than 3 years after November 12, 1996, and every 5 years after that, the Secretary must report to the Senate Committee on Energy and Natural Resources and the House Committee on Resources whether the fee is producing fair market value and recommend changes if needed. The fee is due June 1 each year. The permittee may pay monthly, quarterly, yearly, or on another schedule agreed with the Secretary; unless changed, the schedule in effect before November 12, 1996 remains in force. The Secretary must give a standard form and worksheets each year for calculations. The fee system became effective June 1, 1996 and covers money made back to June 1, 1995; paid charges for June 1, 1995–June 1, 1996 are credited. For 1995–1996, 1996–1997, and 1997–1998 permit years, the permittee pays either the 1994–1995 base year charge or the new calculation, whichever is higher. Income from operations on non‑national forest land is excluded. “Revenue” and “sales” mean actual money received and do not include equipment sales, refunds, rent from sublessees, sponsor event contributions, employee tips, employee lift tickets, or discounts (except bartered goods or promotional complimentary lift tickets). If a permittee has no qualifying revenue, they must pay at least $2 per national forest acre under permit or a percent of appraised land value set by the Secretary. If the new fee would raise a permittee’s charge by more than 0.5 percent of their AGR, the increase is spread over five years in roughly equal steps. Reissuing a permit for similar activities is not a major Federal action under NEPA. Lands inside permit boundaries are withdrawn from mining and mineral/geothermal leasing laws for the permit’s full term and are automatically restored to those laws when the permit ends unless the Secretary asks otherwise.