113 S1341 RS: 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.
1.This Act may be cited as the
Cabin Fee Act of
2013
.2.(a)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 cycleNot 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)Until
During the period beginning on January 1, 2014, and ending on 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)(1)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)(A)Notwithstanding paragraph (1), a permittee may arrange
for a second appraisal of a recreational residence lot.(B)Any
appraisal conducted under subparagraph (A) shall be conducted in
accordance
with applicable Federal appraisal standards.(C)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)(1)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)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)(A)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)A
decision of the Secretary to suspend or reduce the annual fee under
subparagraph (A) may be appealed.(f)(1)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)The
use of appraisals shall not be required for any modifications to the fee
system
based on the recommendations under paragraph (1)(B).3.(a)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)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.(a)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)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.(a)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)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 2000Effective 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.Amend the title so as to read: A bill to modify the Forest Service recreation residence program to implement a simple, equitable,
and predictable procedure for determining cabin user fees, and for other
purposes.
.May 22, 2014Reported with an amendment and an amendment to the title