QUESTIONS AND ANSWERS
USFS SKI AREA FEE SYSTEM
June 4, 2001 EDIT

TABLE of CONTENTS

Adjusted Gross Revenue	1
Base Year	1
Gratuities, Bartered Goods/Services, Complimentary Lift Tickets	3
Gross Revenue from Ancillary Facilities	2
Interim Fee Payments	10
Mineral Withdrawals	12
Nordic Trail Length	11
Payment Schedule	10
Special Events	7
Transitions	8

Reference to original Questions and Answer # in Italic below the Answers.  Original format was Q or A – alpha character for topic -- #.  OGC numbering has no alpha topic reference.

QUESTIONS AND ANSWERS
USFS SKI AREA FEE SYSTEM
June 4, 2001 EDIT

Abbreviations:
AGR – Adjusted Gross Revenue
FSH – Forest Service Handbook
GFA – Gross Fixed Assets
GRAF – Gross Revenue from Ancillary Facilities
GRFS – Graduated Rate Fee System
NFS – National Forest System
SAPFS – Ski Area Permit Fee System

Base Year

Q1:  Are we stuck with fiscal year 1995 as the base year?  Can ski areas that had a "banner" year in fiscal year1995 select another year as the base year?

A1:  Fiscal year 1995 is the base year as required by the legislation.  Another year cannot be selected as a base year.  Ref.:  16 U.S.C 497c(d) and FSH 2709.11, Section 38.41.
(This was Qb1 and OGC’s #Q3)

Q2:  What is counted as the base year if my fiscal year is on the calendar year basis? 

A2:  Your base year for comparison purposes during transition to the new fee system is the same period as your fiscal year - January 1 through December 31, 1995.  This is the same year used to report fees under the GRFS for the final time.  Your first fiscal year under SAPFS begins on January 1, 1996.
(This was Qb2 and OGC’s # Q4)

Q3:  How is the base fee calculated if my fiscal year 1995 ends after June 1, 1995?

A3:  The base fee is your fiscal year 1995 fee computed under GRFS no matter when the fiscal year ends.  This base fee was determined in the series of Ski Act base fee reviews the Forest Service started in 1997.
(This was Qnew2 and OGC’s Q2)

Adjusted Gross Revenue

Q4:  If a ski area provides a bus service to the ski area through its ski school that picks skiers up on private land and drops them off on NFS land, must revenues from the bus ride be included in revenue?

A4:  All revenue from ski school operations, including revenue that is generated on private land, must be included in AGR and prorated using the appropriate method (slope transport fee percentage or Nordic trail length).  Ref.:  FSH 2709.11, Section 38.11, Paragraph 3, and Section 38.12, Paragraph 5.

If the drop-off does not occur on NFS lands and the bus fee is a separate fee, the bus revenue is not included in the permit fee computation.  Care must be exercised in establishing separate pricing so that the ski school revenue reflects the full revenues for the schooling and the transportation fee is not separately priced simply to avoid federal fees.
(This was Qa3 and OGC’s #Q33)

Q5:  If a ski area has a concessionaire (sub lessee) running the ski school, how are ski school revenues accounted for under the new fee system? 

A5:  The rent that the concessionaire pays to the ski area is excluded from AGR and the gross revenues generated by the ski school concessionaire are included in AGR.   
(This was Qa4 and OGC’s # Q27)

Gross Revenue from Ancillary Facilities

Q6:  How do you treat revenues from an ancillary facility that is both on and off NFS lands?

A6:  Prorate this revenue based on the ratio of the facility square footage on NFS land to the total facility square footage.  Do not include the area of facilities that support buildings such as utility lines.  The amount included in GRAF is the total revenue generated by the ancillary facility times the percentage of the facility square footage on NFS land.  Prorate revenue from a special event partially on NFS land by the ratio of NFS land to the total land used for the event. 
(This was Qa1 and OGC’s #Q29)

Q7:  What if a ski area owns a photography business located on NFS land?   Is the revenue generated by that business accounted for under the new fee system?

A7:  It must be included in AGR as GRAF.  The revenue would be prorated for the percentage on NFS land.  If a sub lessee of the ski area operates the photography business, the prorated revenue is included in GRAF and the rent payments to the ski area are excluded.  If a photography business operates on a significant portion of a ski area, it may be equitable to prorate the revenues based on the slope transport feet percentage.

Any business that operates on NFS land, without reporting its revenues, or without authorization is in violation of 36 CFR 261.10.
(This was Qa2 and OGC’s #Q28)

Q8:  Part of the land in my ski area is used exclusively by a business that is completely unrelated to the activities authorized under my ski area permit.  Should the revenue from that business be included in AGR?

A8:  The revenue from that business must be included in GRAF if the business is wholly on NFS land under the ski area permit.  If the business is partially on NFS land, the revenue must be prorated before it is included.  

If this acreage is not being used in a manner authorized by the ski area permit, then a second permit may need to be issued to the commercial user of the land and appropriate fees collected.  The ski area permit should be amended to remove the land as soon as possible.  The Ski Area Permit Act does not give exclusive use of the land.  It is common to have multiple permits for the same acreage. 
(This was Qnew1) 

Gratuities, Bartered Goods/Services, Complimentary Lift Tickets

Q9:  What is the difference between window price and market price?

A9:  Window price is the advertised price; the price a customer would pay at the ticket window (generally the highest price).  The market price is the price available to an informed public, excluding special promotions.  For example, a grocery store might offer a coupon good for $5 off a lift ticket.  An informed public would obtain the coupon and purchase a lift ticket for $5 off the window price.

Q10:  If a ski area sells a lift card that can also be used as a discount card and credit card by a customer, and the ski area charges a one-time administrative fee for the card, is the one-time fee counted as lift revenue?

A10:  Yes.  All prices for lift tickets and passes include administrative costs, such as bank charges or credit card costs, and all revenue from the sale of lift tickets and passes must be included in AGR. 
(This was Qg10 and OGC’s #Q14)  

Q11:  If a ski area offers a discount because you use a specific bank’s ATM, should the discount be included in AGR?

A11:  The market value of the discount must be included in AGR. 

Q12:  What if a ski area gives an angry customer a free lift ticket?  Should that be accounted for?

A12:  This free lift ticket is considered a gratuity that should be included in AGR at the market price. 
(This was Qg16 and OGC’s #Q23)

Q13:  If a ski area puts a car dealership ad on the back of lift tickets, and the car dealership gives out free lift tickets (provided by the ski area) to the first 25 people who purchase a certain car, and the ski area gets one free car from the dealership as part of the deal, should the lost revenues from those lift tickets be accounted for?  

A13:  The exchange of lift tickets and advertising for the vehicle constitutes a barter of goods and services.  The market price of the lift tickets and advertising is included in AGR.  The value of the advertising constitutes gross revenue from ancillary facilities. 
(This was Qg14 and OGC’s #Q24)

Q14:  Are group discounts for specific groups treated as revenue that needs to be accounted for as gratuities under the new fee system? 

A14:  If a group discount is only available to a specific group, then its value must be included in AGR. If a discount is available to ALL similar groups, the discount is excluded from AGR. 
(This was Qg1 and OGC’s Q9)

Q15:  If a ski area offers a group discount based on 100 people in the group, and a group shows up with 90 people and is given the discount anyway, it this discriminatory pricing and does the ski area need to account for the lost revenues resulting from the discount?

A15:  If the ski area has a standard, objective policy for honoring group discounts even when a group does not reach the required size, the pricing is not discriminatory, and the ski area may report the discounted price.  If the discount is given on an arbitrary basis when a group does not reach the required size, the pricing is discriminatory, and the ski area must report the market price. The key is:  are groups treated similarly? 
(This was Qg13 and OGC’s # Q12)

Q16:  Is the value of season passes or lift tickets provided to ski area employees excluded from AGR under SAPFS? 

A16:  The value of all season passes, lift tickets, and other gratuities provided to ski area employees is excluded from AGR under the SAPFS, as long as the employees are employed by the ski area permit holder or a lessee of the permit holder and the employees work in a business authorized by the ski area permit.  If the employee is employed in a business not covered by the permit, then the market value of their gratuity is included in AGR.
(This was Qg2 and OGC’s #Q15) 

Q17:  What if a ski area provides an employee's spouse or family members a complimentary season pass or lift tickets?  Is the value of the season pass or lift ticket excluded from AGR, or does the ski area need to account for that lost revenue?

A17:  The market price of the pass or lift tickets must be included in AGR.  Under SAPFS the value of family member benefits is not excluded from AGR. 
(This was Qg3 and OGC’s #Q16)

Q18:  What if an employee is given a free lift ticket or pass at another ski area, unaffiliated with the ski area employing the employee?

A18:  The market price of the lift ticket is included in AGR by the ski area giving the lift ticket or pass.  The visiting employee is treated as any other individual that receives a benefit while not employed.  The only exception to this would be if the visiting employee were providing a public service or some other benefit for pay at the visited ski area, as previously agreed with the authorizing officer in writing as an attachment to the permit. 
(This was Qg4 and OGC’sQ17)

Q19:  What if the pass or lift ticket given to the employee is for another ski area owned by the same company?

A19:  See A18 above.  The market price of the pass must be included in AGR unless the exception applies.
(This was Qg5 and OGC’s #Q18)

Q20:  What about free or discounted lift tickets or passes given to employees of the ski area's lessees or contractors?

A20:  See A18 above.  If these lessees or subcontractors are performing jobs that would otherwise be done by an employee of the ski area permit holder for an activity covered by the ski area permit, the value of the lift tickets or passes is excluded from AGR.  If the work would not be performed by employees of the permit holder for an activity covered by the ski area permit, then the value of the lift tickets or passes is included in AGR. 

For example, exclude the value of a lift ticket or pass in AGR if a lift ticket or pass is given to:  a subcontractor hired to do the daily parking function by directing traffic in the ski parking lot, a tenant who operates a mountain photography and video service on NFS land, a subcontractor renting skis in a day lodge located on NFS land, or a subcontractor involved with the ski school.

On the other hand, include the value of a lift ticket or pass in AGR if a lift ticket or pass is given to:  A sub lessee who operates a mountain photography and video service on private land, a subcontractor renting skis in the same day lodge located on private land, or a subcontractor helping grill burgers on private land. 
(This was Qg6 and OGC’s #Q19)

Q21:  What if a ski area has a staff appreciation day and staff and family get discounted tickets, and the ski area donates the discounted amount to the United Way?

A21:  Discounted tickets given to staff are employee gratuities and are excluded from AGR. Discounted tickets given to family members are reported at the market price.  The donation of the revenue from this activity is a business expense and does not qualify for the ``public service'' exclusion. 
(This was Qg17 and OGC’s #Q13)

Q22:  If an entire school is given a discount at a ski area, is that discriminatory pricing and does the ski area need to account for the discounted (lost) revenue?

A22:  If the ski area gives a discount to a specific school, the market value of the discount must be included in AGR.  If the discount is given to a local school, it is a discriminatory pricing and the market value must be included in AGR.  If the ski area gives a discount to all schools or all school groups of a specified size, the discount is excluded from AGR.
(This was Qgll and OGC’s #Q10)
 
Q23:  Are senior citizen and military discounts considered discriminatory pricing?

A23:  Senior citizens’ prices are not considered discriminatory pricing.  They are an example of segment pricing, a viable market pricing strategy, where anyone in that age category gets the offered price.  This is no different than establishing a market pricing strategy for children under 5 or children between 13 and 18.  Only the discounted price of the lift ticket should be included in AGR.

Military discounts are considered discriminatory pricing because they are offered to a specific group, a group of which not everyone can become a member.  Therefore, the market price of lift tickets or passes offered to the military must be included in AGR.
(This was Qg12 and OGC’s #Q11)

Q24:  What is included in the term "public service" besides the National Ski Patrol or Special Olympics?   What if a ski area gives free lift tickets to a nonprofit organization benefiting disadvantaged youth?  What about the local garden club?  

A24:  The policy leaves some room for discretion by the authorized officer as to what constitutes a public service.  Some Forest Service regions have gratuity policies that will further clarify direction for ski areas in those regions.

Generally, the value of lift tickets and passes issued to workers such as utility companies and the Forest Service, or other governmental entities who need access to the ski area to perform their job, is excluded from AGR.  This revenue exclusion may also apply to workers who perform services in the public interest such as the National Ski Patrol, volunteers at Special Olympics, and those involved in avalanche control and search and rescue, at the discretion of the authorized officer.  The key to this exemption is that the ticket or pass is used to facilitate the volunteer activity which is deemed by the authorized officer to be in the public interest, or to facilitate a paid work assignment, as with government ski area administrators performing their jobs.  The value of any other lift tickets or passes provided that can be used anytime or off the job, must be included in AGR.

The value of lift tickets or passes donated to charities or for promotional activities or other marketing efforts must be included in AGR. 

Before the operating season, the authorized officer should determine in writing which items will be excluded from AGR under the public service exemption.  This decision should be documented in the operating plan or another attachment to the permit.  
(This was Qg7 and OGC’s #Q21)

Q25:  If a ski area gives a special event volunteer a free lift ticket, is that (lost) revenue excluded from the revenue calculation?  Does the answer depend on the event?

A25:  In this case, the volunteer would be considered an employee and the market price of the lift ticket is excluded from AGR.  An exception to this would occur if this exempt ticket was sold or given to a non-employee to use.  When a non-employee uses a gratuity it loses its exemption status.  

However, the value of these converted employee gratuities is typically nominal and not material to the fee computation.  A determination of the materiality of these transactions will affect their treatment on a case-by-case basis.

When an event occurs on private land, and this volunteer is employed by this private land activity, then the volunteer/employee gratuity allowing use of NFS lands would be included in the fee computation, if material.
(This was Qg8 and OGC’s #Q20)

Q26:  How are media broadcasts and sponsorships treated under the new fee system?  If the media broadcasts an event at a ski area, how does the ski area account for this under the SAPFS?

A26: If a special event like a World Cup ski race at a resort is on broadcast media and the ski area permittee, or a sublessee, gets no “in lieu of sales “ revenue from the entity staging the event, there may be no AGR directly applicable to the event itself or its broadcast.  This is the case where the permittee, in a documented management agreement with the sponsoring entity, only books those monies specifically attributable as reimbursements for costs incurred in conjunction with the event.  These typically involve venue construction and mountain preparation, and fit within the Ski Fee Act’s intent to exclude “sponsor contributions to special events” from fees (FSH 2709.11 38.12 (b)).

However, any other revenues applicable to special events occurring on the permit area are ancillary revenues (GRAF) and must be included in the Ski Fee computation.  These include all sales of goods and services to the public by the permittee and sublessees, plus any revenue the permittee receives from the event sponsor that is not for the reimbursement of specific costs.  (Such as renting Snowcats or services of pubic safety personnel)  Such revenues are GRAF as they represent the “in lieu of sales” value to the permittee of making the event sites available.   
(This was Qg9 and OGC’s #Q25)
  
Q27:  If a ski area gives the media free lift tickets to cover a major event like World Championships, does it need to account for the lost revenues?

A27:  Lift tickets given to the media to broadcast events where the ski area does not receive any revenue are excluded from AGR under either the employee exemption or the public service exemption.  Any additional tickets the media may receive (for their family members, for use outside covering the events, etc.) must be valued at market price and included in AGR.
(This was Qb15 and OGC’s #Q22)

Special Events

Q28:  If a ski area gets paid by the local musical festival to host a concert at the ski area, is the payment counted as rent or as revenue? 

A28:  Revenue generated solely on private land would not be included in AGR.  All revenue (e.g., t-shirt sales, beer, CD’s, etc.) generated on NFS land from the event must be included as GRAF.  If the revenue is generated only partially on NFS land, the revenue must be prorated based on the amount of NFS land used.  If the event includes lift ticket revenue, the portion of the revenue attributable to the lift ticket should be included in lift ticket revenue that is subject to the slope transport pro-ration. 
(This was Qs1 and As1)

Q29:  If a wedding party rents the lodge at a ski area for a wedding reception, is the rent the ski area receives subject to fee?

A29:  In this case the rent is the revenue and included in GRAF, prorated for the amount of NFS land use.  If the revenue is generated solely on private land, it should not be included in GRAF. 
(This was As1)

Q30:  If a race event has prize money and the ski area is merely the conduit for taking and awarding the money, does the prize money count as revenue?

A30:  If the prize money comes from sponsor contributions, then it is excluded from AGR.   If the prize money comes from entrance fees, only the entrance fees are reportable income subject to fees.  The income should be reported in the appropriate category and prorated according to the appropriate percentage on NFS land or included in lift ticket revenue subject to slope transport pro-ration.
(This was Qs2 and OGC’s #Q32)

Q31:  How is filming at the ski area treated under the SAPFS?

A31:  When the filming is for an activity that is not authorized by the ski area permit, such as filming of a special event for entertainment purposes, and revenues are expected from the filming or special event, then the filming and the special event may more appropriately be authorized under a separate permit using an appropriate fee system for commercial filming and a special event.  Payments to the ski area by news media for services to facilitate recording of the special event on NFS land must be included in AGR, regardless of whether the activity is authorized by a ski area permit or a special event permit.
(This was OGC’s #Q26)

Transitions

Q32:  My revenues have decreased significantly since 1995.  How do I determine if I meet the 10 percent rule that would exempt me from the floor requirement?
 
A32:  Your AGR for the base year must be recalculated under the SAPFS guidelines for comparison of like revenues under the phase-in criteria.  If your adjusted gross revenue for fiscal years 1996, 1997, or 1998 fell more than 10% below the adjusted gross revenue for the base year, fees are to be determined under the SAPFS for that year. If not, fees due for fiscal years 1996, 1997 and 1998 are the higher of the base year fee or the fees calculated under the SAPFS.  (Ref.:  16 USC 497c with further direction contained in FSH 2709.11, Section 38.41). 
(This was Qf1 and OGC’s # Q8)

Q33:  How are fees calculated for fiscal year 1996 if my fiscal year ends after June 1, 1995? 

A33:  Your permit fee for fiscal year 1996 is calculated under SAPFS, as are the provisions for the phase in, if appropriate, since the start of your FY ’96 is after June 1, 1995.
(This was OGC’s #Q5)

Q34:  How do we calculate the value of gross fixed assets (GFA) for part of a year if our fiscal year does not end on May 31 and part of our permit fee for fiscal year 1995 will therefore be determined under the graduated rate fee system (GRFS) and part of it will be determined under the new fee system, which takes effect June 1, 1995? Should we use the number of months the assets are used in fiscal year 1995, the percentage of revenues derived from them in that fiscal year, or how much the assets have been used in that fiscal year?

A34:  Normally this can be avoided.  Work with the permit holder to recognize the fee difference is not material and get agreement to compute the 1995 fee under GRFS, with no partial year adjustment.  Use the permit holder’s FY 1995 as the base year for SAPFS implementation wherever possible.  

To allocate GFA to a partial year, follow the GRFS methodology and compute the fee in one of two ways:  1) Either follow the direction in FSM 2716.13 where the break-even points are adjusted based on the percentage of the previous fiscal year’s revenue for the same period, or 2) Adjust the value of GFA to include only those assets used to produce revenue during the partial year.  Obtain agreement with the authorized officer as to which method will be used, and document the agreement in the ski area permit. 

(This was Qt1)

Q35:  How do we calculate fees if the ski area sold prior to May 31, 1996?  What if the area sold before February 22, 1999?

A35:  Prior Owner (seller):  A partial year GRFS fee should be calculated using the direction in FSM 2716.13 to determine the final fee during the closeout audit.

New Owner (buyer):  The fiscal year 1995 base fee would be calculated under GRFS using the direction in FSM 2716.13.  The permit fee would be the fee calculated under GRFS or if the permit holder’s fiscal year 1995 ended after May 31, 1995, then the final 1995 fee may be a combined GRFS and SAPFS fee as described above. 

If the area sells prior to February 22, 1999, the old owners fees will be computed under GRFS, since the Ski Act fee implementation rules had not yet been published.
(This was Qt1)

Q36:  If a ski area had a permit issued under the National Forest Ski Area Permit Act of 1986 before June 1, 1995, but then experienced a change in ownership after June 1, 1995 can the ski area still take advantage of the phase-in and transition provisions of the new fee system? 

A36:  Forest Service policy states that if there is a new owner (change in control of at least 50 percent of the stock, partnership, or business entity), a new permit must be issued and phase-in and other transition provisions in the new permit fee system are not available to these new owners.  FSH 2709.11, Section 38.43b, Paragraph 2.  
(This was Qc1 and OGC’s #Q7)

Q37:  If I don't qualify for the phase-in on the basis of my permit fee under the new system for fiscal year 1996, can I qualify on the basis of my permit fee for later fiscal years such as 1997 or 1998?

A37:  No, you can qualify for the phase-in only on the basis of your permit fee under the new system for fiscal year 1996.
(This was Qt2 and OGC’s #Q6)

Q38:  For ski areas whose permit fee for fiscal year 1995 is split between GRFS and SAPFS, will you re-audit for discrepancies? 

A38:  A closeout review will be performed for each ski area that transitions from the GRFS to the SAPFS.  The reviews will be for fiscal year 1995 and succeeding permit holder's fiscal years.  Except under rare circumstances, the Forest Service will not repeat audits for any of the fiscal years during the transition period.
(This was Qt3 and OGC’s # Qt)

Payment Schedule

Q39:  Is there any flexibility in the new policy on the payment schedule and, more specifically, making quarterly versus monthly payments?

A39:  The permit fee clause (FSH 2709.11, Section 52.1, A-9) states that fees will be paid monthly, quarterly, or yearly for fees under the SAPFS.  The Forest Service must collect land use fees in advance [36 CFR 251.57(a)].  The Office of Management and Budget, and the U.S. Treasury Service also charge the Forest Service with the responsibility to collect federal receipts as soon as possible.  The requirement to pay monthly, quarterly, or yearly meets the advance payment requirement for fee systems in which permit fees are based on revenue.  Further direction found in FSH 2709.11, Section 38.2 states that fees shall be made monthly when the permit fee is expected to exceed $10,000, and quarterly payments are required when the expected permit fee is $10,000 or less.  

Under most circumstances, the yearly payment for ski areas would be assessed when it is expected there would be no adjusted gross revenue for a given year, and the permit fee would be either $2 per acre for National Forest system lands under permit or a percentage of the appraised value of National Forest System lands under permit. See FSH 2709.11, Section 38.13.  Any corrections to this fee would be computed in the next years billing.   In these cases, where no fee is earned due to a season shut down, no interim payments need be made.

Paragraph (c) of 16 U.S.C. 497c, directs the Forest Service to consult with the permit holder in setting an appropriate payment schedule, and to reach agreement with the permit holder if the payment schedule would change substantially from the previous payment schedule.
(This was Qp1 and OGC’s #Q34)

Interim Fee Payments

Q40:  Can the agency take a second look at the way it calculates interim fees?  It seems unfair if you have a big dip in revenue and you are still basing it on last year's numbers.  Perhaps there could be flexibility in a year when you know you revenues will decline significantly?

A40:  The policy as set forth in FSH 2709.11, Section 38.22, Interim payments, and the permit fee clause set out in FSH 2709.11, Section 52.1, A-9, specify that interim payments shall be made on a tentative percentage rate.  Neither the policy nor the permit fee clause specifies how this percentage should be determined.  Therefore, a rate should be agreed to before the beginning of the operating season, preferably at the beginning of the payment cycle, between the Authorized Officer and the permit holder, and documented in the operating plan, or other schedule attached to the permit.

This interim fee percentage should come as close as possible to the final fee.  In situations of changing revenue, the Forest and Holder have the ability to modify the rate so that the Interim Fees approximate the final fee computation.
(This was Qi1 and OGC’s #Q35)

Nordic Trail Length

Q41:  If a Nordic center has one trail with three lanes that are 1 kilometer in length each, is the trail length considered to be 3 kilometers or 1 kilometer for purposes of the SAPF system?  

A41:  1 kilometer.  Trail length is for one continuous length of groomed trail regardless of width.  Multiple lanes within that trail do not add trail length. 
(This was Qn1 and OGC’s #Q36)

NEPA Categorical Exclusion

Q42:  If I have a Record of Decision (ROD) approving a construction project but have not gone forward with the actual construction, can I still take advantage of the categorical exclusion (CE) and receive a new permit or approval for a permit amendment without triggering an EA or EIS?  What if I am in the middle of construction on the project?

A42:  Providing that there is no change in the authorized facilities or services, the NEPA Categorical Exclusion applies when a new permit is issued due to a change in ownership, when a current holder wishes to convert from an existing permit to a permit authorized under the Ski Area Permit Act of 1986, or when a permit is issued to a current holder upon termination of an existing permit

If you already have a ROD for the project, your previous permit should have been amended to reflect the new project.  As long as no new activities (other than those in ROD) are proposed under the new permit, and extraordinary circumstances do not apply, the Categorical Exclusion would, under most circumstances, be sufficient to satisfy analysis under NEPA.  The same holds regardless of whether construction of the project is underway or not.  If there were no change to facilities or services approved in the previous permit (and ROD), then the CE would apply.

If your permit was not amended to reflect the ROD, issue the CE to satisfy NEPA and issue the new permit for the services previously permitted.  Amend the new permit to reflect decisions made in the ROD, providing there are not changed circumstances (FSH 1909.15, Chapter 10) and the ROD is "current".  If the project is ongoing, and the permit was not amended to reflect this, the permit will need to be amended to reflect all permitted facilities and services prior to issuing a new permit using the CE.
(This was Qx1 and OGC’s #Q37)

Mineral Withdrawals

Q43:  How will the Bureau of Land Management (BLM) know which areas are withdrawn?

A43:  The Forest Service needs to send to BLM a copy of the ski area permit boundary map along with a legal description of the area under permit.  Contact the appropriate BLM office to ensure that they obtain the documents they need to complete the withdrawals.
(This was Qm1 and OGC’sQ38)