IN THE SENATE OF THE UNITED STATES
July 23, 2013
Mr. Tester (for himself, Mr. Baucus, Mr. Barrasso, Mrs. Feinstein, Mr. Crapo, Mr. Enzi, and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes.
This Act may be cited as the
Cabin Fee Act of
Cabin user fees
The Secretary of Agriculture (referred to in this Act as the Secretary) shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes.
Completion of current appraisal cycle
Not later than 2 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle for recreational residences on National Forest System land in accordance with the Cabin User Fees Fairness Act of 2000 ( 16 U.S.C. 6201 et seq. ) (referred to in this Act as the current appraisal cycle).
Until the date on which the current appraisal cycle is completed under subsection (b), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of—
the fee determined under the Cabin User Fees Fairness Act ( 16 U.S.C. 6901 et seq. ), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or
On the date of completion of the current appraisal cycle, and before assessing a fee under this Act, the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index.
Notwithstanding paragraph (1), a permittee may arrange for a second appraisal of a recreational residence lot.
Any appraisal conducted under subparagraph (A) shall be conducted in accordance with applicable Federal appraisal standards.
If an appraisal conducted under subparagraph (A) is approved by the Secretary, the value established by the appraisal shall be the value assigned to the lot.
After the date on which appraised lot values have been adjusted in accordance with subsection (d), the annual fee assessed by the Secretary for recreational residences on National Forest System land shall be as follows:
Percent of Permits
|Tier 1||Not to exceed 6 percent||$500|
|Tier 2||Not to exceed 16 percent||$1,000|
|Tier 3||Not to exceed 26 percent||$1,500|
|Tier 4||Not to exceed 22 percent||$2,000|
|Tier 5||At least 10 percent||$2,500|
|Tier 6||Not to exceed 5 percent||$3,000|
|Tier 7||Not to exceed 5 percent||$3,500|
|Tier 8||Not to exceed 3 percent||$4,000|
|Tier 9||Not to exceed 3 percent||$4,500|
|Tier 10||Not to exceed 3 percent||$5,000|
|Tier 11||Not to exceed 1 percent||$5,500.|
The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect 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.
Access and occupancy
The Secretary may suspend or reduce the applicable fee under paragraph (1) if access to, or the occupancy of, the recreational residence is significantly restricted.
A decision of the Secretary to suspend or reduce the annual fee under subparagraph (A) may be appealed.
Beginning on the date that is 10 years after the date of enactment of this Act, the Secretary 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 report that—
analyzes the annual fees set forth in the table under subsection (e) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and
includes any recommendations of the Secretary with respect to modifying the fee system.
The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B).
Cabin transfer fees
The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence.
The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect 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.
Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System.
The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3193(d) ).
Retention of fees
Beginning on October 1, 2023, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation.
Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land.
Repeal of cabin user fees fairness act of 2000
Effective on the date of the assessment of annual permit fees in accordance with section 2(e) (as certified to Congress by the Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed.