113 S1341 IS: Cabin Fee Act of 2013 U.S. Senate 2013-07-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II 113th CONGRESS 1st Session S. 1341 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 A BILL 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.
1.
Short title
This Act may be cited as the Cabin Fee Act of 2013.
2.
Cabin user fees
(a)
In general
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. (b)
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). (c)
Interim fee
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— (1)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 (2)$5,500. (d)
Adjustment
(1)
In general
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. (2)
Second appraisal
(A)
In general
Notwithstanding paragraph (1), a permittee may arrange for a second appraisal of a recreational residence lot. (B)
Requirements
Any appraisal conducted under subparagraph (A) shall be conducted in accordance with applicable Federal appraisal standards. (C)
Value
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. (e)
Annual fee
(1)
Amount
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: Fee TierApproximate Percent of Permits NationallyFee Amount Tier 1Not to exceed 6 percent $500 Tier 2Not to exceed 16 percent$1,000 Tier 3Not to exceed 26 percent$1,500 Tier 4Not to exceed 22 percent $2,000 Tier 5At least 10 percent$2,500 Tier 6Not to exceed 5 percent$3,000 Tier 7Not to exceed 5 percent$3,500 Tier 8Not to exceed 3 percent$4,000 Tier 9Not to exceed 3 percent$4,500 Tier 10Not to exceed 3 percent$5,000 Tier 11Not to exceed 1 percent$5,500.
(2)
Adjustments
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. (3)
Access and occupancy
(A)
In general
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. (B)
Appeal
A decision of the Secretary to suspend or reduce the annual fee under subparagraph (A) may be appealed. (f)
Periodic review
(1)
In general
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— (A)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 (B)includes any recommendations of the Secretary with respect to modifying the fee system. (2)
Limitation
The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B).
3.
Cabin transfer fees
(a)
In general
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. (b)
Adjustments
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.
4.
Effect
(a)
In general
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. (b)
Alaska
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)).
5.
Retention of fees
(a)
In general
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. (b)
Use
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.
6.
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.