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16 U.S.C. § 497c — Ski area permit rental charge
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497b&num=0&edition=prelim)), the Act of March 4, 1915 (38 Stat. 1101, chapter 144; [16 U.S.C. 497](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497&num=0&edition=prelim)), 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) subjec
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Source location: Title 16, Chapter 2, § 497c; chapter-002-national-forests.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497b&num=0&edition=prelim)), the Act of March 4, 1915 (38 Stat. 1101, chapter 144; [16 U.S.C. 497](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497&num=0&edition=prelim)), 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 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), 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) 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4331&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497&num=0&edition=prelim)), and the Act of June 4, 1897, or the National Forest Ski Area Permit Act of 1986 ([16 U.S.C. 497b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497b&num=0&edition=prelim)) 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Law applicable to permits** The provisions of the Act of March 4, 1915 ([16 U.S.C. 497](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section497&num=0&edition=prelim)) notwithstanding, the term and acreage of permits for the operation of ski areas and associated facilities on National Forest System lands shall on and after October 22, 1986, be governed by this section and other applicable law.
**(b) Authority** The Secretary of Agriculture (hereinafter referred to as “the Secretary”) is authorized to issue permits (hereinafter referred to as “ski area permits”) for the use and occupancy of suitable lands within the National Forest System for skiing and other snow sports and recreational uses authorized by this section. A ski area permit—
(1) may be issued for a term not to exceed 40 years;
(2) shall ordinarily be issued for a term of 40 years (unless the Secretary determines that the facilities or operations are of a scale or nature as are not likely to require long-term financing or operation), or that there are public policy reasons specific to a particular permit for a shorter term;
(3) shall encompass such acreage as the Secretary determines sufficient and appropriate to accommodate the permittee’s needs for ski operations and appropriate ancillary facilities;
(4) may be renewed at the discretion of the Secretary;
(5) may be cancelled by the Secretary in whole or in part for any violation of the permit terms or conditions, for nonpayment of permit fees, or upon the determination by the Secretary in his planning for the uses of the national forests that the permitted area is needed for higher public purposes;
(6) may be modified from time to time by the Secretary to accommodate changes in plans or operations in accordance with the
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Agriculture is authorized, under such regulations as he may make and upon such terms and conditions as he may deem proper, (a) to permit the use and occupancy of suitable areas of land within the national forests, not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining hotels, resorts, and any other structures or facilities necessary or desirable for recreation, public convenience, or safety; (b) to permit the use and occupancy of suitable areas of land within the national forests, not exceeding five acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining summer homes and stores; (c) to permit the use and occupancy of suitable areas of land within the national forest, not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining buildings, structures, and facilities for industrial or commercial purposes whenever such use is related to or consistent with other uses on the national forests; (d) to permit any State or political subdivision thereof, or any public or nonprofit agency, to use and occupy suitable areas of land within the national forests not exceeding eighty acres and for periods not exceeding thirty years, for the purpose of constructing or maintaining any buildings, structures, or facilities necessary or desirable for education or for any public use or in connection with any public activity. The authority provided by this section shall be exercised in such manner as not to preclude the general public from full enjoyment of the natural, scenic, recreational, and other aspects of the national forests.
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4331
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Federal law — U.S. Code and appendices · legal_authorities
Page 943
TITLE 16—CONSERVATION
§ 497
support ponderosa pine, sugar pine, or giant sequoia
trees, shall result in the reversion of all right, title,
and interest in such lands to the United States. Any
such lands which revert to the United States shall be
incorporated into the Stanislaus National Forest and
managed to preserve and protect the stands of pon-
derosa pine, sugar pine, and giant sequoia trees lo-
cated on such lands.
‘‘(5) The Secretary, acting through the Forest Serv-
ice, shall be afforded by appropriate officials of the
State of California reasonable opportunities to col-
lect seeds from trees located on such lands for sci-
entific or silvicultural purposes.
‘‘(6) The Secretary, upon prior notification to the
State of California, shall be entitled at any time to
enter upon such lands for the purpose of monitoring
the management of such lands and the compliance of
the State of California with the provisions of this
subsection.
‘‘(7) The conveyance shall be subject to the fol-
lowing reservations or exceptions:
‘‘(A) existing ditches and canals as authorized by
the Act of August 30, 1890 (43 U.S.C. 945); and
‘‘(B) any existing rights-of-way to provide the
United States and its assigns access to federally
owned lands.
‘‘(d) ENFORCEMENT.—Upon the request of the Sec-
retary, the Attorney General shall bring any action or
take any other steps necessary to enforce the provi-
sions of subsection (c) of this section.
‘‘(e) TIMING, VALUE, AND STATUS.—(1) Conveyance of
lands to the State of California pursuant to this Act
shall occur when the agreement described in paragraph
(1) of subsection (c) has been reached. The restrictions
and conditions specified in paragraphs (2), (3), (4), (5),
(6), and (7) of subsection (c) shall be included in
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 497
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Federal law — U.S. Code and appendices · legal_authorities
Page 944
TITLE 16—CONSERVATION
§ 497a
poses whenever such use is related to or con-
sistent with other uses on the national forests;
(d) to permit any State or political subdivision
thereof, or any public or nonprofit agency, to
use and occupy suitable areas of land within the
national forests not exceeding eighty acres and
for periods not exceeding thirty years, for the
purpose of constructing or maintaining any
buildings, structures, or facilities necessary or
desirable for education or for any public use or
in connection with any public activity. The au-
thority provided by this section shall be exer-
cised in such manner as not to preclude the gen-
eral public from full enjoyment of the natural,
scenic, recreational, and other aspects of the na-
tional forests.
(Mar. 4, 1915, ch. 144, 38 Stat. 1101; July 28, 1956,
ch. 771, 70 Stat. 708.)
Editorial Notes
AMENDMENTS
1956—Act July 28, 1956, increased maximum area of
land for each purpose for which permits may be granted
from not more than 5 acres to not more than 80 acres,
and authorized permits for facilities for public safety,
for buildings, structures, and facilities for industrial or
commercial purposes whenever such purposes are re-
lated to or consistent with other use of the national
forests, and for facilities to be used by public or non-
profit agencies for education or public use or in connec-
tion with any public activity.
Statutory Notes and Related Subsidiaries
ENHANCING FOREST SERVICE ADMINISTRATION OF
RIGHTS-OF-WAY AND LAND USES
Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 331], Nov.
29, 1999, 113 Stat. 1535, 1501A–196, as amended, formerly
set out as a note under this section, was transferred to
section 497e of this title.
§ 497a. Occupancy and use under permit of land
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 497b
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Federal law — U.S. Code and appendices · legal_authorities
Page 946
TITLE 16—CONSERVATION
§ 497c
[amending this section] establishes a legal preference
for the holder of a ski area permit to provide activities
and associated facilities authorized by section 3(c) of
the National Forest Ski Area Permit Act of 1986 (16
U.S.C. 497b(c)) (as amended by section 3).’’
PURPOSES
Pub. L. 112–46, § 2, Nov. 7, 2011, 125 Stat. 538, provided
that: ‘‘The purpose of this Act [see Short Title of 2011
Amendment note above] is to amend the National For-
est Ski Area Permit Act of 1986 (16 U.S.C. 497b)—
‘‘(1) to enable snow-sports (other than nordic and
alpine skiing) to be permitted on National Forest
System land subject to ski area permits issued by the
Secretary of Agriculture under section 3 of the Na-
tional Forest Ski Area Permit Act of 1986 (16 U.S.C.
497b); and
‘‘(2) to clarify the authority of the Secretary of Ag-
riculture to permit appropriate additional seasonal
or year-round recreational activities and facilities on
National Forest System land subject to ski area per-
mits issued by the Secretary of Agriculture under
section 3 of the National Forest Ski Area Permit Act
of 1986 (16 U.S.C. 497b).’’
Pub. L. 99–522, § 2, Oct. 22, 1986, 100 Stat. 3000, provided
that: ‘‘The purposes of this Act [see Short Title note
above] are to—
‘‘(a) provide a unified and modern permitting proc-
ess for nordic and alpine ski areas on national forest
lands;
‘‘(b) provide for ski area permits which more close-
ly reflect the acreage and other physical require-
ments of modern ski area development; and
‘‘(c) provide a permit system which will be more
commensurate with the long-term construction, fi-
nancing, and operation needs of ski areas on national
forest lands.’’
§ 497c. Ski area permit rental charge
(a) In general
The Secretar
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 497c
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Federal law — U.S. Code and appendices · legal_authorities
Page 6139
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4332
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
J.R. BIDEN, JR.
SUBCHAPTER I—POLICIES AND GOALS
§ 4331. Congressional declaration of national en-
vironmental policy
(a) The Congress, recognizing the profound im-
pact of man’s activity on the interrelations of
all components of the natural environment, par-
ticularly the profound influences of population
growth, high-density urbanization, industrial
expansion, resource exploitation, and new and
expanding technological advances and recog-
nizing further the critical importance of restor-
ing and maintaining environmental quality to
the overall welfare and development of man, de-
clares that it is the continuing policy of the
Federal Government, in cooperation with State
and local governments, and other concerned
public and private organizations, to use all prac-
ticable means and measures, including financial
and technical assistance, in a manner calculated
to foster and promote the general welfare, to
create and maintain conditions under which
man and nature can exist in productive har-
mony, and fulfill the social, economic, and other
requirements of present and future generations
of Americans.
(b) In order to carry out the policy set forth in
this chapter, it is the continuing responsibility
of the Federal Government to use all practicable
means, consistent with other essential consider-
ations of national policy, to improve and coordi-
nate Federal plans, functions, programs, and re-
sources to the end that the Nati
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4331
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