§ 497c. — Ski area permit rental charge.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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''.
