H.R. 4019 (112th): Federal Forests County Revenue, Schools, and Jobs Act of 2012

112th Congress, 2011–2013. Text as of Feb 14, 2012 (Reported by House Committee).

Status & Summary | PDF | Source: GPO

IB

Union Calendar No. 539

112th CONGRESS

2d Session

H. R. 4019

[Report No. 112–737, Part I]

IN THE HOUSE OF REPRESENTATIVES

February 14, 2012

introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

December 31, 2012

Reported from the Committee on Natural Resources with an amendment

Strike out all after the enacting clause and insert the part printed in italic

December 31, 2012

The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on February 14, 2012


A BILL

To increase employment and educational opportunities in, and improve the economic stability of, counties containing Federal forest land, while also reducing the cost of managing such land, by providing such counties a dependable source of revenue from such land, and for other purposes.


1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Federal Forests County Revenue, Schools, and Jobs Act of 2012.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—COUNTY, SCHOOLS, AND REVENUE TRUST FOR FEDERAL FOREST LAND

Sec. 101. Definitions.

Sec. 102. County, Schools, and Revenue Trust.

Sec. 103. Opt out option.

Sec. 104. Determination of annual revenue requirement and minimum sale level.

Sec. 105. County, Schools, and Revenue Trust Projects.

Sec. 106. Distribution of amounts from trust projects.

Sec. 107. Payments to beneficiary counties from County, Schools, and Revenue Trust.

Sec. 108. Initial payments pending implementation of trust projects.

Title II—PAYMENT IN LIEU OF TAXES AMENDMENTS

Sec. 201. Extension.

Sec. 202. Inclusion in definition of payment law.

Sec. 203. Congressional notification and publication of information.

Title III—FOREST SERVICE RECREATION RESIDENCE PROGRAM

Sec. 301. Definitions.

Sec. 302. Cabin user fees.

Sec. 303. Cabin transfer fees.

Sec. 304. Right of appeal and judicial review.

Sec. 305. Effect.

Sec. 306. Regulations.

I

COUNTY, SCHOOLS, AND REVENUE TRUST FOR FEDERAL FOREST LAND

101.

Definitions

In this title:

(1)

Annual revenue requirement

The term annual revenue requirement, with respect to a unit of the National Forest System, means the amount equal to 60 percent of the average annual gross receipts derived from the unit during the 20-year period beginning with fiscal year 1980, as determined under section 104.

(2)

Beneficiary county

(A)

In general

The term beneficiary county means a political subdivision of a State that, on account of containing National Forest System land, was eligible to receive payments through the State under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.).

(B)

Exclusion of certain counties

The term does not include a political subdivision of a State that elects not to participate under section 103. A political subdivision that opts out of participation may still receive payments as provided in the sixth paragraph under the heading of FOREST SERVICE in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

(3)

Catastrophic event

The term catastrophic event means an event that the Secretary determines will cause or has caused severe damage to National Forest System land, including severe fire, insect or disease infestations, windthrow, or other extreme weather or natural disaster.

(4)

Chargeable volume

(A)

In general

The term chargeable volume means only the volume of timber and other forest products that is counted toward meeting the allowable sale quantity of a unit of National Forest System land based on the regionally applicable utilization and merchantability standards.

(B)

Exclusion

The term does not include post and pole sales and personal use firewood.

(5)

Community wildfire protection plan

The term community wildfire protection plan has the meaning given that term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

(6)

County, schools, and revenue trust project

The terms County, Schools, and Revenue Trust Project and trust project mean a project designated by the Secretary as a project to generate amounts to help meet the annual revenue requirement.

(7)

Federal land

The term Federal land means—

(A)

land within the National Forest System; and

(B)

such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and power-site land valuable for timber, that shall be managed, except as provided in section 3 of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest production.

(8)

Minimum sale level

The term minimum sale level, for a unit of the National Forest System for a fiscal year, means a quantity equal to 50 percent of the average annual chargeable timber volume (as measured in net sawtimber volume) sold from the unit during the period beginning with fiscal year 1980 through fiscal year 2000, as determined under section 104.

(9)

National forest system

The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012).

(10)

Secretary

The term Secretary means the Secretary of Agriculture or the designee of the Secretary of Agriculture.

(11)

Secretary concerned

The term Secretary concerned means—

(A)

the Secretary of Agriculture or the designee of the Secretary of Agriculture with respect to National Forest System land; and

(B)

the Secretary of the Interior or the designee of the Secretary of the Interior with respect to the Federal land described in paragraph (7)(B).

(12)

State

The term State includes the Commonwealth of Puerto Rico.

(13)

Trust

The terms County, Schools, and Revenue Trust and Trust mean the County, Schools, and Revenue Trust established in the Treasury under section 102.

(14)

Trustee

The term Trustee means the Secretary, acting as the trustee of the County, Schools, and Revenue Trust.

102.

County, Schools, and Revenue Trust

(a)

Establishment of trust

There is established in the Treasury a fund to be known as the County, Schools, and Revenue Trust.

(b)

Trust purpose

The purpose of the Trust is to provide a dependable source of revenue for each beneficiary county containing National Forest System land.

(c)

Fiduciary responsibility

The Trustee has a fiduciary responsibility to beneficiary counties to use County, Schools, and Revenue Trust Projects to generate amounts sufficient to satisfy the annual revenue requirement established for units of the National Forest System.

(d)

Trust assets

(1)

Initial deposits

To allow the transition necessary to implement this title, there is hereby appropriated to the Trust, out of amounts in the Treasury not otherwise appropriated, an amount equal to $875,000,000 to provide payments under section 108 during fiscal years 2012 and 2013.

(2)

Portion of receipts from trust projects

There shall be credited to the Trust all amounts required by section 106(a)(1) to be deposited in the Trust from County, Schools, and Revenue Trust Projects.

(e)

Limitations

The assets of the Trust shall not—

(1)

be subject to garnishment by, or otherwise paid to, a creditor of a beneficiary county;

(2)

be expended other than for the purposes authorized in subsections (b) and (c) of section 107; or

(3)

be used in lieu of or to otherwise offset State funding sources for local schools, facilities, or educational purposes.

(f)

Reporting

Not later than 90 days after the end of each fiscal year (beginning with fiscal year 2014), the Secretary shall submit to Congress a report specifying the deposits into, and distributions from, the Trust during the preceding fiscal year.

103.

Opt out option

(a)

Election

A political subdivision of a State that otherwise satisfies the definition of beneficiary county may elect not to participate under this title.

(b)

Time and duration of election

An election to opt out under subsection (a) is effective for a single fiscal year and must be submitted to the Secretary before the start of that fiscal year.

(c)

Effect of election

(1)

No trust projects

No County, Schools, and Revenue Trust Project may be commenced on National Forest System land located in any political subdivision that has opted out under subsection (a). Other activities on the National Forest System land in the political subdivision may be carried out in accordance with other laws applicable to the National Forest System land.

(2)

Completion of existing projects

Trust projects underway before the effective date of the opt out may be completed.

104.

Determination of annual revenue requirement and minimum sale level

Not later than 60 days after the date of the enactment of this Act, the Secretary shall determine for each unit of the National Forest System—

(1)

the annual revenue requirement for the unit; and

(2)

the minimum sale level for the unit.

105.

County, Schools, and Revenue Trust Projects

(a)

Need for projects

Effective for fiscal year 2014 and each fiscal year thereafter, the Secretary shall carry out County, Schools, and Revenue Trust Projects in units of the National Forest System as necessary to achieve the annual revenue requirement for the unit. The Secretary is authorized and encouraged to commence the implementation of trust projects before fiscal year 2014 to begin generating amounts for deposit in the Trust to supplement the funds made available under section 102(d)(1).

(b)

Designation of projects

(1)

In general

Except as otherwise provided in this subsection, the Secretary may designate any project involving National Forest System land (other than National Forest System land located in a political subdivision that opted out under section 103) as a County, Schools, and Revenue Trust Project.

(2)

Types of projects

Trust projects may include a timber sale, issuance of a grazing permit, issuance of a special use permit involving land use, mineral development, power generation, or recreational use, and projects implementing a community wildfire protection plan.

(3)

Exclusion of certain land from trust projects

A trust project shall not be designated on National Forest System land—

(A)

that is a component of the National Wilderness Preservation System; or

(B)

on which the removal of vegetation is specifically prohibited by Federal law.

(4)

Maximum number of designated projects

The maximum number of trust projects designated by the Secretary for a unit of the National Forest System for a fiscal year may not exceed the number of projects necessary to meet the annual revenue requirement for the unit.

(5)

Standards for trust projects

A County, Schools, and Revenue Trust Project shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System in which the project will occur, except that the Secretary may modify such standards and guidelines for a specific trust project.

(c)

Special authority To respond to catastrophic events

Notwithstanding subsection (b)(4), the Secretary may designate any project conducted in response to a catastrophic event as a County, Schools, and Revenue Trust Project.

(d)

Public review and required environmental analysis

(1)

Public notice and comment

(A)

Proposed project

The Secretary shall publish in the Federal Register notice of a proposed County, Schools, and Revenue Trust Project. The public may submit to the Secretary specific written comments that relate to the trust project within 30 days after the date of the publication of the notice.

(B)

Final decision

Not later than 120 days after the date on which notice was published under subparagraph (A) with regard to a proposed County, Schools, and Revenue Trust Project, and after taking into account any comments received under such subparagraph, the Secretary shall designate the final trust project and publish in the Federal Register notice of the final designated trust project.

(C)

Objections

Only persons who submitted comments regarding a proposed County, Schools, and Revenue Trust Project under subparagraph (A) may submit to the Secretary specific written objections that relate to the final designated trust project. Any objections regarding the final trust project must be submitted within 30 days after the date of the publication of the notice under subparagraph (B).

(2)

Environmental report requirement

(A)

In general

Except as provided under subparagraph (C), the Secretary shall prepare an environmental report for each final designated County, Schools, and Revenues Trust Project within 180 days after the date on which notice was published under paragraph (1)(A) with regard to the project.

(B)

Elements of report

The environmental report for a trust project shall include at a minimum the following:

(i)

To the extent the Secretary considers appropriate and feasible, an evaluation of the environmental impacts of the proposed project, including the effect, if any, on threatened or endangered species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(ii)

Public comments received by the Secretary regarding the project under subparagraph (A) of paragraph (1), objections to the project submitted under subparagraph (C) of such paragraph, and any response to the comments and objections.

(iii)

Any modifications to the project to ensure that the annual revenue requirement is met.

(C)

Special deadlines for projects in response to catastrophic event

In the case of a trust project proposed in response to a catastrophic event, the Secretary shall complete the environmental report required by this paragraph within 30 days after the date on which notice was published under paragraph (1)(A) with regard to the proposed project. The Secretary shall adjust the deadlines for public comments specified in subparagraphs (A) and (C) of paragraph (1) as necessary to achieve the expedited reporting requirement imposed by this subparagraph.

(D)

Cost to prepare environmental report

The costs to prepare the environmental report for a trust project shall not exceed an amount equal to one-third of the estimated value of the receipts to be generated by the trust project.

(3)

Sole means for administrative review

The procedures provided by this subsection are the sole means by which a person may seek administrative review of a County, Schools, and Revenue Trust Project.

(4)

No judicial review

There shall be no judicial review of the environmental report for a County, Schools, and Revenue Trust Project.

(e)

Compliance

Compliance with this section shall be deemed to be compliance with the requirements of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.).

106.

Distribution of amounts from trust projects

(a)

Percentage distribution

The amounts derived from a County, Schools, and Revenue Trust Project shall be distributed as follows:

(1)

65 percent shall be deposited in the County, Schools, and Revenue Trust.

(2)

35 percent shall be deposited in the general fund of the Treasury for use as provided in subsection (b).

(b)

Use of funds for forest service

(1)

In general

Amounts deposited under subsection (a)(2) shall be available, in such amounts as may be provided in advance in appropriation Acts, for the Forest Service.

(2)

Funds for performance based cash awards

Of the amount made available under paragraph (1) for a fiscal year, the Secretary shall make available to the responsible officials for units of the National Forest System up to one percent of the amount for the purpose of providing performance-based cash awards under section 4505a of title 5, United States Code, to employees of the Forest Service who assist a unit in exceeding its minimum sale level for the fiscal year.

107.

Payments to beneficiary counties from County, Schools, and Revenue Trust

(a)

Distribution method

As soon as practicable at the end of each fiscal year, the Secretary shall distribute all amounts that were deposited in the County, Schools, and Revenue Trust from trust projects for that fiscal year to the States for distribution to beneficiary counties in the manner provided by section 102(c)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1)).

(b)

Use of funds

The use of amounts received by a beneficiary county under this section shall be subject to subsections (c)(2) and (d) of section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112).

108.

Initial payments pending implementation of trust projects

(a)

Fiscal year 2012

(1)

Beneficiary counties

As soon as practicable after the end of fiscal year 2012, the Secretary of Agriculture shall distribute to each beneficiary county a payment equal to the amount distributed to the beneficiary county for fiscal year 2010 under section 102(c)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1)).

(2)

Counties that were eligible for direct county payments

As soon as practicable after the end of fiscal year 2012, the Secretary of the Interior shall distribute to each county that received a payment for fiscal year 2010 under section 102(a)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(a)(2)) a payment equal to the amount distributed to the county for fiscal year 2010 under section 102(c)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1)).

(b)

Fiscal year 2013

As soon as practicable at the end of fiscal year 2013, the Secretary concerned shall distribute to each beneficiary county that received a payment under subsection (a)(1) and to each county that received a payment under subsection (a)(2) a payment equal to 75 percent of the amount distributed to the county under subsection (a).

(c)

Source of funds

The amounts required to be distributed under this section shall be derived from funds in the County, Schools, and Revenue Trust.

(d)

Use of funds

The distribution under this section of amounts to a beneficiary county shall be subject to subsections (c)(2) and (d) of section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112). The distribution under this section of amounts to a county described in subsection (a)(2) shall be subject to subsection (d) of such section.

II

PAYMENT IN LIEU OF TAXES AMENDMENTS

201.

Extension

Section 6906 of title 31, United States Code, is amended by striking 2012 and inserting 2017.

202.

Inclusion in definition of payment law

Section 6903(a)(1) of title 31, United States Code, amended—

(1)

by striking and at the end of subparagraph (I);

(2)

by striking the period at the end of subparagraph (J) and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(K)

title I of the Federal Forests County Revenue, Schools, and Jobs Act of 2012.

.

203.

Congressional notification and publication of information

Section 6903 of title 31, United States Code, is amended by adding at the end the following new subsections:

(e)

Congressional notification

The Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a list of States that have not submitted to the Secretary the data required to calculate payments under this chapter by January 15 of each year.

(f)

Publication

The Secretary of the Interior shall—

(1)

publish in the Federal Register and on the Department of the Interior website a list of States that have not submitted to the Secretary the data required to calculate payments under this chapter by February 1 of each year; and

(2)

update the list published on the Department of the Interior website under paragraph (1) to reflect any changes in the list.

(g)

Issuance of payments

Not later than May 1 of each fiscal year, the Secretary of the Interior shall issue the payments authorized under this chapter.

.

III

FOREST SERVICE RECREATION RESIDENCE PROGRAM

301.

Definitions

In this title:

(1)

Authorization; authorize

The terms authorization and authorize mean the issuance of a special use permit for the use and occupancy of National Forest System land by a cabin owner under the Recreation Residence Program.

(2)

Cabin

The term cabin means a privately built and owned recreation residence and related improvements on National Forest System land that—

(A)

is authorized for private use and occupancy; and

(B)

may be sold or transferred between private parties.

(3)

Cabin owner

The term cabin owner means—

(A)

a person authorized by the Secretary to use and to occupy a cabin; and

(B)

a trust, heir, or assign of a person described in subparagraph (A).

(4)

Cabin transfer fee

The term cabin transfer fee means a fee that is paid to the United States on the transfer of a cabin between private parties for money or other consideration that results in the issuance of a new permit.

(5)

Cabin user fee

The term cabin user fee means an annual fee paid to the United States by a cabin owner in accordance with an authorization for the use and occupancy of a cabin.

(6)

Current appraisal cycle

The term current appraisal cycle means the completion of Forest Service review and acceptance of—

(A)

initial typical lot appraisals; and

(B)

second appraisals, if ordered by cabin owners and approved by the Forest Service.

(7)

Current cabin user fee

The term current cabin user fee means the most recent cabin user fee, as adjusted under section 302(c).

(8)

Lot

The term lot means a parcel of National Forest System land on which a person is authorized to build, use, occupy, and maintain a cabin.

(9)

National forest system

The term National Forest System has the meaning given that term in section 11 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609).

(10)

Recreation residence program

The term Recreation Residence Program means the Recreation Residence Program established under the last paragraph under the heading FOREST SERVICE in the Act of March 4, 1915 (16 U.S.C. 497).

(11)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(12)

Typical lot

The term typical lot means a cabin lot, or group of cabin lots, in a tract that is selected for use in an appraisal as being representative of, and that has similar value characteristics as, other lots or groups of lots within the tract.

302.

Cabin user fees

(a)

Payment of cabin user fees

Cabin owners shall pay an annual cabin user fee established by the Secretary in accordance with this section.

(b)

Initial cabin user fees

(1)

Establishment

The Secretary shall establish initial cabin user fees in accordance with this subsection.

(2)

Assignment to value tiers

On completion of the current appraisal cycle, as required by paragraph (4), the Secretary shall assign each permitted lot on National Forest System land to 1 of 9 tiers based on the following considerations:

(A)

Before assigning the lots to tiers, all appraised lot values shall be adjusted, or normalized, for price changes occurring after the appraisal, in accordance with the National Association of Homebuilders/Wells Fargo Housing Opportunity Index.

(B)

Second appraisal values that meet Forest Service standards for approval shall supersede initial lot appraisal values for the normalization and ranking process under subparagraph (A).

(C)

The tiers shall be established, on a national basis, according to relative lot value, with lots having the lowest adjusted appraised value assigned to tier 1 and lots having the highest adjusted appraised value assigned to tier 9.

(D)

The number of lots (by percentage) assigned to each tier is contained in the table set forth in paragraph (3).

(E)

Data from incomplete appraisals may not be used to establish the fee tiers under this subsection.

(F)

Until assigned to a tier under this subsection, the Secretary shall assess (and may adjust annually subject to clause (ii)) an interim fee for permitted cabin lots (including lots with incomplete appraisals) in an amount equal to the lesser of—

(i)

$4,500; or

(ii)

the amount of the current cabin user fee, as determined under the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.), which amount the Secretary may increase annually by not more than 25 percent, except that the increased fee shall not exceed the otherwise scheduled fee determined under the Cabin User Fee Fairness Act of 2000.

(3)

Amount of initial cabin user fees

The initial cabin user fees, based on the assignments under paragraph (2), are as follows:

Fee TierApproximate Percent of Permits NationallyFee Amount
Tier 1 8 percent$500
Tier 216 percent$1,000
Tier 3 20 percent$1,500
Tier 4 20 percent$2,000
Tier 512 percent$2,500
Tier 6 8 percent$3,000
Tier 76 percent$3,500
Tier 8 6 percent$4,000
Tier 9 4 percent$4,500.
(4)

Deadline for completion of current appraisal cycle

Not later than 3 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle.

(5)

Effective date

The initial cabin user fees required by this subsection shall take effect beginning with the first calendar year beginning after the completion of the current appraisal cycle.

(c)

Annual adjustments of cabin user fee

Once initial cabin user fees have been assessed, based on the tier assignments under subsection (b)(2), the Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average, to assess an annual adjustment to cabin user fees.

(d)

Effect of destruction, substantial damage, or loss of access

(1)

In general

The Secretary shall reduce the cabin user fee to $100 per year for a cabin if—

(A)

the cabin is destroyed or suffers substantial damage in an amount that is greater than 50 percent of replacement cost of the cabin; or

(B)

access to the cabin is significantly impaired, whether by catastrophic events, natural causes, or governmental actions.

(2)

Term of reduced fee

The reduced fee under paragraph (1) shall be in effect until the later of—

(A)

the last day of the year in which the destruction or impairment occurs; or

(B)

the date on which the cabin may be lawfully reoccupied and normal access has been restored.

303.

Cabin transfer fees

(a)

Payment of cabin transfer fees

In conjunction with the transfer of ownership of any cabin and the issuance of a new permit, the cabin owner transferring the cabin shall file with the Secretary a sworn statement declaring the amount of money or other value received, if any, for the transfer of the cabin.

(b)

Amount

As a condition of the issuance by the Secretary of a new authorization for the use and occupancy of the cabin, the cabin owner transferring the cabin shall pay to the Secretary a cabin transfer fee in an amount determined as follows:

Consideration Received by TransferTransfer Fee Amount
$0 to $250,000$1,000
$250,000.01 to $500,000.00$1,000 plus 5 percent of consideration in excess of $250,000 up to $500,000
$500,000.01 and above$1,000 plus 5 percent of consideration in excess of $250,000 up to $500,000 plus 10 percent of consideration in excess of $500,000.
(c)

Index

The Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average, to determine and apply an annual adjustment to the cabin transfer fee threshold amounts set forth in the table contained in subsection (b).

304.

Right of appeal and judicial review

(a)

Right of appeal

(1)

In general

Notwithstanding any action of a cabin owner to exercise rights in accordance with section 305, the Secretary shall by regulation grant to the cabin owner the right to an administrative appeal of the determination of a new cabin user fee, fee tier, cabin transfer fee, or whether or not to reduce a cabin user fee under section 302(d).

(2)

Applicable law

An appeal under paragraph (1) shall be pursuant to the appeal process provided under subpart C of part 251 of title 36, Code of Federal Regulations (or a successor regulation).

(b)

Judicial review

(1)

In general

A cabin owner that contests a final decision of the Secretary under this title may bring a civil action in United States district court.

(2)

Venue

The venue for an action brought before the United States district court under this subsection shall be in the Federal judicial district in which the cabin is located or the permit holder resides.

(3)

Effect on mediation

Nothing in this title precludes a person from seeking mediation for an action under this title.

305.

Effect

(a)

In general

Nothing in this title limits or restricts any right, title, or interest of the United States in or to any land or resource.

(b)

Special rule for alaska

In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)).

306.

Regulations

Not later than December 31, 2013, the Secretary shall issue regulations to carry out this title.

December 31, 2012

Reported from the Committee on Natural Resources with an amendment

December 31, 2012

The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed