16 U.S.C. § 497c — Ski area permit rental charge

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 Secretary of Agriculture shall charge a rental charge for all ski area permits issued pur- suant 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 DE- PARTMENT 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 pur- suant 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 rev- enue from ancillary facilities (GRAF) physically located on national forest land, including all permittee or subpermittee lodging, food service, rental shops, parking and other ancillary oper- ations, to determine the adjusted gross revenue (AGR) subject to the permit rental charge. The final rental charge shall be calculated by multi- plying 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 be- tween $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 sub- section 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 trans- port feet percentage on national forest land re- ferred 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 ac- cording to the percentage of trails physically lo- cated 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 ana- lyzing whether the ski area permit rental charge required by this section is returning a fair mar- ket 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 deter- mined appropriate by the Secretary in consulta- tion with the permittee. Unless mutually agreed otherwise by the Secretary and the permittee, the payment or prepayment schedule shall con- form to the permittee’s schedule in effect prior to November 12, 1996. To reduce costs to the per- mittee and the Forest Service, the Secretary shall each year provide the permittee with a standardized form and worksheets (including an- nual 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.