[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4888 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4888

To revise the Forest Service Recreation Residence Program as it 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2010

Mr. Hastings of Washington (for himself, Mr. Costa, Mr. Bishop of Utah, 
Mr. McClintock, Mrs. Lummis, Mr. Radanovich, Mrs. McMorris Rodgers, Mr. 
    Simpson, Mr. Nunes, Mr. Chaffetz, Mr. Rehberg, and Mr. Herger) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To revise the Forest Service Recreation Residence Program as it 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cabin Fee Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Authorization.--The terms ``authorized'' and 
        ``authorization'' refer to the issuance of a special use permit 
        for the use and occupancy of National Forest System land 
        derived from the public domain 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 derived from the public domain that is 
        authorized for private use and occupancy and may be sold or 
        transferred between private parties.
            (3) Cabin owner.--The term ``cabin owner'' means a person, 
        heir, trust, or assignee authorized to use, occupy, and dispose 
        of a cabin on National Forest System lands derived from the 
        public domain or an heir or assignee of such a person.
            (4) Cabin transfer fee.--The term ``cabin transfer fee'' 
        means a fee paid to the United States upon the transfer of a 
        cabin between private parties for money or other consideration.
            (5) Cabin user fee.--The term ``cabin user fee'' means an 
        annual fee paid to the United States by a cabin owner pursuant 
        to an authorization for the use and occupancy of a cabin on 
        National Forest System land derived from the public domain.
            (6) Current cabin user fee.--The term ``current cabin user 
        fee'' means the most recent cabin user fee, which results from 
        an annual adjustment to the prior cabin user fee under section 
        3(d).
            (7) Lot.--The term ``lot'' means a parcel of National 
        Forest System land derived from the public domain on which a 
        person is authorized to build, use, occupy, and maintain a 
        cabin.
            (8) National forest system land.--The term ``National 
        Forest System land'' is limited to National Forest System land 
        derived from the public domain.
            (9) Recreation residence program.--The term ``Recreation 
        Residence Program'' means the Recreation Residence Program 
        established pursuant to the last paragraph under the heading 
        ``FOREST SERVICE'' in the Act of March 4, 1915 (38 Stat. 1101, 
        chapter 144; 16 U.S.C. 497).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (11) 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.

SEC. 3. CABIN USER FEES.

    (a) Payment of Cabin User Fees.--
            (1) Annual payment.--A cabin user fee shall be paid 
        annually by the cabin owner.
            (2) Installments.--Payment of the cabin user fee for a year 
        may be made in two installments.
    (b) Initial Cabin User Fees.--
            (1) Establishment.--The Secretary shall establish initial 
        cabin user fees in the manner required by this subsection.
            (2) Assignment to value tiers.--The Secretary shall assign 
        each permitted lot on National Forest System land to one of 
        five tiers based on the most recent appraised value of the 
        typical lot to which the permitted lot is assigned, as of the 
        date of the enactment of this Act. The tiers shall be arranged 
        according to relative lot value, with lots having the lowest 
        appraised value assigned to Tier 1 and lots having the highest 
        appraised value assigned to Tier 5. The number of lots (by 
        percentage) assigned to each tier is specified in the table 
        contained in paragraph (3) and is intended to achieve fairness 
        and affordability. The cabin user fee assigned shall be based 
        on the particular tier in which a lot is placed, as specified 
        in the table contained in paragraph (3).
            (3) Table of initial cabin user fees.--The initial cabin 
        user fees, based on the assignments made by the Secretary under 
        subsection (b), are as follows:


------------------------------------------------------------------------
                          Approximate Percent of
        Fee Tier            Permits Nationally          Fee Amount
------------------------------------------------------------------------
               Tier 1                      10%                     $500
------------------------------------------------------------------------
               Tier 2                      35%                   $1,000
------------------------------------------------------------------------
               Tier 3                      40%                   $2,000
------------------------------------------------------------------------
               Tier 4                      10%                   $3,000
------------------------------------------------------------------------
               Tier 5                       5%                  $4,000.
------------------------------------------------------------------------

            (4) Effective date.--The initial cabin user fees required 
        by this subsection shall take effect beginning with the first 
        calendar year beginning after the date of the enactment of this 
        Act.
    (c) Overpayments or Underpayments.--
            (1) Overpayments.--If the initial cabin user fee 
        established for a cabin for the calendar year specified in 
        subsection (b)(4) or the current cabin user fee in effect for a 
        subsequent year is less than the amount of the cabin user fee 
        already paid by the cabin owner for that calendar year, the 
        Secretary shall remit to the cabin owner any difference that is 
        $25 or more between the amount of the cabin user fee already 
        paid for that calendar year and the amount of the initial cabin 
        user fee or current cabin user fee, whichever applies.
            (2) Underpayments.--If the initial cabin user fee 
        established for a cabin for the calendar year specified in 
        subsection (b)(4) or the current cabin user fee in effect for a 
        subsequent year is more than the amount of the cabin user fee 
        already paid by the cabin owner for that calendar year, the 
        Secretary shall collect from the cabin owner any difference 
        that is $25 or more between the amount of the cabin user fee 
        paid already paid for that calendar year and the amount of the 
        initial cabin user fee or current cabin user fee, whichever 
        applies.
    (d) Annual Adjustments of Cabin User Fee.--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 five-year rolling average, to determine and 
apply an annual adjustment to cabin user fees.
    (e) Effect of Destruction, Substantial Damage, or Loss of Access.--
If a cabin is destroyed or suffers substantial damage (greater than 50 
percent), or if access to a cabin is significantly impaired, whether by 
catastrophic events, natural causes or governmental actions, such that 
the cabin is rendered unsafe or unable to be occupied as a result, the 
Secretary shall reduce the cabin user fee for the affected lot to $100 
per year. This fee shall be in effect for the remainder of the year in 
which the destruction occurs and until such time as the cabin may be 
lawfully reoccupied and normal access has been restored.

SEC. 4. CABIN TRANSFER FEES.

    (a) Payment of Cabin Transfer Fees.--In conjunction with the 
transfer of ownership of any cabin, the transferor 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. As a condition 
of the issuance by the Secretary of a new authorization for the use and 
occupancy of the cabin, the transferor shall pay, or cause to be paid, 
to the Secretary a cabin transfer fee in an amount determined as 
follows:


----------------------------------------------------------------------------------------------------------------
           Consideration Received by Transfer                              Transfer Fee Amount
----------------------------------------------------------------------------------------------------------------
$0 to $250,000                                           $1,000
----------------------------------------------------------------------------------------------------------------
$250,000.01 to $500,000.00                               $1,000 plus 5% of consideration in excess of $250,000
                                                          up to $500,000
----------------------------------------------------------------------------------------------------------------
$500,000.01 and above                                    $1,000 plus 5% of consideration in excess of $250,000
                                                          up to $500,000 plus 10% of consideration in excess of
                                                          $500,000.
----------------------------------------------------------------------------------------------------------------

    (b) 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 five-year 
rolling average, to determine and apply an annual adjustment to the 
cabin transfer fee threshold amounts ($250,000.01 and $500,000.01) set 
forth in the table contained in subsection (a).

SEC. 5. ALLOCATION OF CABIN USER FEE AND CABIN TRANSFER FEE REVENUE.

    The Secretary shall retain the amount of revenue from cabin user 
fees and cabin transfer fees necessary to fully cover the costs 
incurred by the Forest Service to administer the Recreation Residence 
Program. Revenue collected in excess of that amount shall be deposited 
in the Treasury.

SEC. 6. RIGHT OF APPEAL AND JUDICIAL REVIEW.

    (a) Right of Appeal.--Notwithstanding any action of a cabin owner 
to exercise rights in accordance with section 7, the Secretary shall by 
regulation grant the cabin owner the right to an administrative appeal 
of the determination of a new cabin user fee.
    (b) Judicial Review.--A cabin owner that contests a final decision 
of the Secretary under this Act may bring a civil action in United 
States district court.

SEC. 7. CONSISTENCY WITH OTHER LAW AND RIGHTS.

    (a) Consistency With Rights of the United States.--Nothing in this 
Act 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)).

SEC. 8. REGULATIONS.

    The Secretary shall promulgate regulations to carry out this Act 
not later than the effective date specified in section 3(b)(4).
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