SenateS. Rpt. 119-1042026-02-11
SKI HILL RESOURCES FOR ECONOMIC DEVELOPMENT ACT
Summary
This report examines the Ski Hill Resources for Economic Development Act, which proposes to support economic development at ski areas on federal lands. The legislation aims to help ski resorts grow and create jobs in rural mountain communities by streamlining regulations and providing resources for expansion. The Senate Energy and Natural Resources Committee reviewed the bill to assess its potential benefits and impacts on public lands management.
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Senate Report 119-104 - SKI HILL RESOURCES FOR ECONOMIC DEVELOPMENT ACT
[Senate Report 119-104]
[From the U.S. Government Publishing Office]
Calendar No. 333
119th Congress } { Report
SENATE
2d Session } { 119-104
=======================================================================
SKI HILL RESOURCES FOR ECONOMIC DEVELOPMENT ACT
----------------
February 11, 2026.--Ordered to be printed
----------------
Mr. Lee, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 472]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 472) to amend the Omnibus Parks and
Public Lands Management Act of 1996 to provide for the
establishment of a Ski Area Fee Retention Account, and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose
The purpose of S. 472 is to amend the Omnibus Parks and
Public Lands Management Act of 1996 to provide for the
establishment of a Ski Area Fee Retention Account.
Background and Need
There are more than 120 ski areas across the country that
operate on National Forest System land. These ski areas provide
about 60 percent of the total capacity for downhill skiing in
the United States. Ski areas operating on National Forests are
required to pay annual fees to the U.S. Forest Service for the
use of these public lands. The fees are calculated according to
a formula that considers the acres of public lands used by the
ski area and the profits derived from the use of those lands.
Recreation officers on National Forests provide services to
these ski areas, like reviewing proposals and issuing permits.
They also provide services to businesses that operate on
National Forests and the general public. In the past, Forest
Service delays in reviewing proposals have slowed several ski
areas' ability to replace or update their infrastructure. S.
472 is a response to this need.
Ski area fees that are currently collected on National
Forests are deposited into the General Fund of the U.S.
Treasury. The bill establishes a Ski Area Fee Retention Account
in the U.S. Treasury, in which 100 percent of the fees paid by
ski resorts for operating on National Forests would be
deposited and remain available for use by the Forest Service
for various skiing-related and non-skiing-related uses.
S. 472 would require that 80 percent of the collected fees
shall be expended in the unit in which they were collected. Of
that 80 percent, 75 percent will be available for ski area
administration, including permit review and approval, staffing,
activities to enhance the experiences of ski area visitors, and
wildfire mitigation. The remaining 25 percent of the retained
funds would be available for avalanche education, administering
non-ski area recreation permits, road maintenance, search and
rescue, and general recreation management. The 20 percent of
funds that are not expended in the unit in which they are
collected will be available for distribution in covered units
of the National Forest System for ski area administration and
other recreation enhancement activities. The funds retained
under this bill would supplement--not supplant--existing
appropriated funding for the maintenance of the covered unit.
Legislative History
S. 472 was introduced by Senator Barrasso on February 6,
2025, and was referred to the Committee on Energy and Natural
Resources.
In the 118th Congress, identical legislation, S. 254, was
introduced by Senator Bennet on February 2, 2023. The bill was
ordered to be reported favorably, without an amendment, by
voice vote, on November 19, 2024. The bill was reported without
a written report. Representative Kuster introduced companion
legislation, H.R. 930, on February 9, 2023. On March 28, 2023,
the House Natural Resources Subcommittee on Federal Lands held
a hearing on the bill. No further action was taken on either
bill.
In the 117th Congress, Senator Bennet introduced similar
legislation, S. 1964. The Committee on Energy and Natural
Resources held a hearing on the bill on October 21, 2021. The
bill was ordered to be reported favorably with an amendment (S.
Rept. 117-56). Representative Kuster introduced a companion
bill, H.R. 3686, on June 4, 2021. The House Natural Resources
Subcommittee on National Parks, Forests, and Public Lands held
a hearing on H.R. 3686 on June 8, 2021. No further action was
taken on either bill.
Senator Gardner introduced similar legislation, S. 1723, in
the 116th Congress. The Committee on Energy and Natural
Resources held a hearing on S. 1723 on October 31, 2019.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on September 11, 2025, by a majority
voice vote of a quorum present, recommends that the Senate pass
S. 472.
Section-by-Section Analysis
Section 1. Short title
Section 1 contains the short title of the bill, the Ski
Hill Resources for Economic Development Act.
Section 2. Establishment of Ski Area Fee Retention Account
Section 2(a) amends section 701 of division I of the
Omnibus Parks and Public Lands Management Act of 1996 (16
U.S.C. 497c) to add a new subsection (k), which establishes the
``Ski Area Fee Retention Account'' (Account).
Paragraph (1) of the new subsection (k) defines key terms
used in the bill.
Paragraph (2) requires the Secretary of the Treasury to
establish the Account.
Paragraph (3) directs the Forest Service to deposit all ski
area fees into the Account and authorizes the Forest Service to
use these funds, without needing to be appropriated, for a
period of 4 fiscal years after the fiscal year in which the
funds are deposited.
Paragraph (4)(A) requires that 80 percent of the funds
deposited into the Account shall remain with the unit of the
National Forest System where the fees are collected. Of that
amount, 75 percent shall be used for certain skiing-related
activities, and 25 percent shall be used for certain activities
to support other forms of recreation. Paragraph (4)(B)
authorizes the Forest Service to use the remaining 20 percent
of the funds at any National Forest System unit for certain
skiing-related activities and certain activities that support
other forms of recreation. Paragraph (4)(C) allows the Forest
Service to reduce the amount of funds kept at the National
Forest System unit that collects the ski area fees under
subparagraph (A) from 80 percent to 60 percent if the amount
exceeds the reasonable needs of that National Forest System
unit. The balance of the funds may be transferred to other
units of the National Forest System. If funds are transferred,
75 percent of the balance is to be used for the skiing-related
activities, and 25 percent is to be used for the activities
that support other forms of recreation.
Paragraph (5)(A) lists the eligible skiing-related
activities, including permit administration and processing of
proposals for ski area improvement projects, training programs,
interpretation activities, visitor information and signage, and
wildfire prevention and planning in or adjacent to any
recreation site, but especially ski areas. Paragraph (5)(B)
lists the eligible activities that support other forms of
recreation, including for the repair or improvement of Forest
Service facilities, roads, or trails; habitat restoration; law
enforcement; the construction of parking areas; processing
recreational special use permits, and search and rescue
activities carried out by the Forest Service, a local
government, or a nonprofit partner.
Paragraph (6) clarifies that funds from the Account cannot
be used for wildfire suppression or land acquisition.
Paragraph (7)(A) includes a savings clause to make clear
that nothing in this bill affects the applicability of the
Granger-Thye Act (16 U.S.C. 580d) to skiing businesses
operating in government-owned facilities on National Forest
System land, and nothing affects cost recovery for processing
permits. Paragraph (7)(B) states that retained fees shall not
supplant appropriated funding.
Section 2(b) states that the section shall take effect on
the date that is 60 days after the date of the enactment of
this act.
Cost and Budgetary Considerations
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 472 would authorize the Forest Service to spend, without
further appropriation, rental fees that it collects from ski
resorts operating on Forest Service land.
The estimated budgetary effect of S. 472 is shown in Table
1. The costs of the legislation fall within budget function 300
(natural resources and environment).
TABLE 1.--ESTIMATED INCREASES IN DIRECT SPENDING UNDER S. 472
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-------------------------------------------------------------------------------------------
2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2026-2030 2026-2035
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Estimated Budget Authority.................................. 32 57 60 63 66 69 72 76 80 84 278 659
Estimated Outlays........................................... 6 18 30 42 55 63 66 69 73 76 151 498
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For this estimate, CBO assumes that the legislation will be
enacted near the beginning of calendar year 2026. The bill
would take effect 60 days after enactment; thus, estimated
spending under the bill would begin about halfway through
fiscal year 2026.
Under current law, rental fees from ski areas are recorded
in the budget as offsetting receipts (that is, as reductions in
direct spending) and deposited in the Treasury. Over the 2016-
2024 period, the Forest Service collected $54 million annually,
on average, in such fees. S. 472 would authorize the Forest
Service to spend those fees without further appropriation to
administer the ski area program, provide visitor services,
repair and maintain roads and facilities, prevent wildfires,
and for other purposes.
CBO estimates that under current law, the Forest Service
will collect rental fees that total about $55 million in 2026
and increase each year to about $85 million in 2035. (S. 472
would not affect the amounts collected.) Based on historical
spending patterns for similar activities, CBO estimates that
enacting S. 472 would increase direct spending by $6 million in
2026, $151 million over the 2026-2030 period, and $498 million
over the 2026-2035 period.
The CBO staff contact for this estimate is Lilia Ledezma.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 472. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 472, as ordered reported.
Congressionally Directed Spending
S. 472, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
There was no hearing on S. 472 in the 119th Congress. There
was no hearing on identical legislation, S. 254, during this
118th Congress. In the 117th Congress, on October 21, 2021, the
Committee on Energy and Natural Resources held a subcommittee
hearing on similar legislation (S. 1964), where the Forest
Service provided testimony, which appears on pages 10 and 14 of
S. Hrg. 117-455.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 472, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 104-333
AN ACT To provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer, and for other purposes.
* * * * * * *
DIVISION I
* * * * * * *
TITLE VII--FEES
* * * * * * *
SEC. 701. SKI AREA PERMIT RENTAL CHARGE.
* * * * * * *
(k) Ski Area Fee Retention Account.--
(1) Definitions.--In this subsection:
(A) Account.--The term ``Account'' means the
Ski Area Fee Retention Account established
under paragraph (2).
(B) Covered Unit.--The term ``covered unit''
means the unit of the National Forest System
that collects the ski area permit rental charge
under this section.
(C) Secretary.--The term ``Secretary'' means
the Secretary of Agriculture.
(2) Establishment.--The Secretary of the Treasury
shall establish a special account in the Treasury, to
be known as the ``Ski Area Fee Retention Account''.
(3) Deposits.--Subject to paragraphs (4) and (5), a
ski area permit rental charge collected by the
Secretary under this section shall--
(A) be deposited in the Account;
(B) be available to the Secretary for use,
without further appropriation; and
(C) remain available for the period of 4
fiscal years beginning with the first fiscal
year after the fiscal year in which the ski
area permit rental charge is deposited in the
Account under subparagraph (A).
(4) Distribution of amounts in the account.--
(A) Local distribution of funds.--
(i) In general.--Except as provided
in subparagraph (C), the Secretary
shall expend 80 percent of the ski area
permit rental charges deposited in the
Account from a covered unit at the
covered unit in accordance with clause
(ii).
(ii) Distribution.--Of the amounts
made available for expenditure under
clause (i)--
(I) 75 percent shall be used
at the covered unit for
activities described in
paragraph (5)(A); and
(II) 25 percent shall be used
for activities at the covered
unit described in paragraph
(5)(B).
(B) Agency wide distribution of funds.--The
Secretary shall expend 20 percent of the ski
area permit rental charges deposited in the
Account from a covered unit at any unit of the
National Forest System for an activity
described in subparagraph (A) or (B) of
paragraph (5).
(C) Reduction of percentage.--
(i) Reduction.--The Secretary shall
reduce the percentage otherwise
applicable under subparagraph (A)(i) to
not less than 60 percent if the
Secretary determines that the amount
otherwise made available under that
subparagraph exceeds the reasonable
needs of the covered unit for which
expenditures may be made in the
applicable fiscal year.
(ii) Distribution of funds.--The
balance of the ski area permit rental
charges that are collected at a covered
unit, deposited into the Account, and
not distributed in accordance with
subparagraph (A) or (B) shall be
available to the Secretary for
expenditure at any other unit of the
National Forest System in accordance
with the following:
(I) 75 percent shall be used
for activities described in
paragraph (5)(A).
(II) 25 percent shall be used
for activities described in
paragraph (5)(B).
(5) Expenditures.--Amounts available to the Secretary
for expenditure from the Account shall be only used
for--
(A)(i) the administration of the Forest
Service ski area program, including--
(I) the processing of an
application for a new ski area
or a ski area improvement
project, including staffing and
contracting for the processing;
and
(II) administering a ski area
permit described in subsection
(a);
(ii) staff training for--
(I) the processing of an
application for--
(aa) a new ski area;
(bb) a ski area
improvement project; or
(cc) a special use
permit; or
(II) administering--
(aa) a ski area
permit described in
subsection (a); or
(bb) a special use
permit;
(iii) an interpretation activity,
National Forest System visitor
information, a visitor service, or
signage;
(iv) direct costs associated with
collecting a ski area permit rental
charge or other fee collected by the
Secretary related to recreation;
(v) planning for, or coordinating to
respond to, a wildfire in or adjacent
to a recreation site, particularly a
ski area; or
(vi) reducing the likelihood of a
wildfire starting, or the risks posed
by a wildfire, in or adjacent to a
recreation site, particularly a ski
area, except through hazardous fuels
reduction activities; or
(B)(i) the repair, maintenance, or
enhancement of a Forest Service-owned facility,
road, or trail directly related to visitor
enjoyment, visitor access, or visitor health or
safety;
(ii) habitat restoration directly
related to recreation;
(iii) law enforcement related to
public use and recreation;
(iv) the construction or expansion of
parking areas;
(v) the processing or administering
of a recreation special use permit;
(vi) avalanche information and
education activities carried out by the
Secretary or nonprofit partners;
(vii) search and rescue activities
carried out by the Secretary, a local
government, or a nonprofit partner; or
(viii) the administration of leases
under--
(I) the Forest Service
Facility Realignment and
Enhancement Act of 2005 (16
U.S.C. 580d note; Public Law
109-54); and
(II) section 8623 of the
Agriculture Improvement Act of
2018 (16 U.S.C. 580d note;
Public Law 115-334).
(6) Limitation.--Amounts in the Account may not be
used for--
(A) the conduct of wildfire suppression; or
(B) the acquisition of land for inclusion in
the National Forest System.
(7) Effect.--
(A) In general.--Nothing in this subsection
affects the applicability of section 7 of the
Act of April 24, 1950 (commonly known as the
`Granger-Thye Act') (16 U.S.C. 580d), to ski
areas on National Forest System land.
(B) Supplemental funding.--Rental charges
retained and expended under this subsection
shall supplement (and not supplant)
appropriated funding for the operation and
maintenance of each covered unit.
(C) Cost recovery.--Nothing in this
subsection affects any cost recovery under any
provision of law (including regulations) for
processing an application for or monitoring
compliance with a ski area permit or other
recreation special use permit.''
* * * * * * *
[all]