[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3929 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3929

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 SENATE OF THE UNITED STATES

                           September 29, 2010

   Mr. Tester (for himself, Mr. Barrasso, Mr. Risch, and Mr. Baucus) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cabin Fee Act of 
2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Cabin user fees.
Sec. 4. Cabin transfer fees.
Sec. 5. Right of appeal and judicial review.
Sec. 6. Consistency with other law and rights.
Sec. 7. Regulations.

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) a person authorized by the Secretary to use and 
                to occupy a cabin on National Forest System land 
                derived from the public domain; and
                    (B) a trust or an heir or assigns 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 
        that also includes 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 pursuant 
        to an authorization for the use and occupancy of a cabin on 
        National Forest System land derived from the public domain.
            (6) Current appraisal cycle.--The term ``current appraisal 
        cycle'' means the completion of Forest Service review and 
        acceptance of initial typical lot appraisals or 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, which results from 
        an annual adjustment to the prior cabin user fee under section 
        3(d).
            (8) 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.
            (9) National forest system land.--The term ``National 
        Forest System land'' is limited to National Forest System land 
        derived from the public domain.
            (10) 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).
            (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.

SEC. 3. CABIN USER FEES.

    (a) Payment of Cabin User Fees.--A cabin user fee shall be paid 
annually by the cabin owner.
    (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.--Upon 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:
                    (A) All appraised lot values shall be adjusted, or 
                normalized, for price changes from its date of value 
                according to the national NAHB/Wells Fargo Housing 
                Opportunity Index prior to tier assignment.
                    (B) Second appraisal values approved by the Forest 
                Service 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 specified in the table contained in 
                paragraph (3).
                    (E) Data from incomplete appraisals may not be used 
                to establish the fee tiers.
                    (F) Until assigned to a tier, permitted cabin lots, 
                including lots with incomplete appraisals, are assigned 
                an interim fee of $4,500 or their current annual fee, 
                indexed in accordance with subsection (d), whichever is 
                less.
            (3) Table of initial cabin user fees.--The initial cabin 
        user fees, based on the assignments made by the Secretary under 
        paragraph (2) are as follows:


------------------------------------------------------------------------
                          Approximate Percent of
        Fee Tier            Permits Nationally          Fee Amount
------------------------------------------------------------------------
               Tier 1         not to exceed 8%                     $500
------------------------------------------------------------------------
               Tier 2        not to exceed 12%                   $1,000
------------------------------------------------------------------------
               Tier 3        not to exceed 12%                   $1,500
------------------------------------------------------------------------
               Tier 4        not to exceed 14%                   $2,000
------------------------------------------------------------------------
               Tier 5             at least 14%                   $2,500
------------------------------------------------------------------------
               Tier 6        not to exceed 14%                   $3,000
------------------------------------------------------------------------
               Tier 7        not to exceed 12%                   $3,500
------------------------------------------------------------------------
               Tier 8         not to exceed 8%                   $4,000
------------------------------------------------------------------------
               Tier 9         not to exceed 6%                  $4,500.
------------------------------------------------------------------------

            (4) Deadline for completion of current appraisal cycle.--
        The Secretary shall complete the current appraisal cycle within 
        three years after the date of the enactment of this Act.
            (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) Overpayments or Underpayments.--If, upon assignment to a tier 
under subsection (b), the Secretary determines that the fee charged to 
a cabin owner during the preceding 3 years resulted in an overpayment 
or underpayment of the fee due under the tier system totaling more than 
$500, the fee for the next three years shall be adjusted, if such a fee 
adjustment is requested by the Secretary or by the affected cabin 
owner, as necessary to correct the overpayment or underpayment.
    (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 5-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 amounting to 
greater than 50 percent of replacement cost, 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 and the issuance of a new permit, 
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 5-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. RIGHT OF APPEAL AND JUDICIAL REVIEW.

    (a) Right of Appeal.--Notwithstanding any action of a cabin owner 
to exercise rights in accordance with section 6, the Secretary shall by 
regulation grant the cabin owner the right to an administrative appeal 
of the determination of a new cabin user fee, fee tier, transfer fee, 
or whether or not to reduce a cabin user fee under section 3(e). Such 
appeal shall be pursuant to the appeal process provided under subpart C 
(Appeal of Decisions Relating to Occupancy and Use of National Forest 
System Lands) of part 251 of title 36, Code of Federal Regulations 
(section 251.80 et seq.).
    (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. The venue for actions brought before the United 
States District Court shall be in the United States Judicial District 
where the cabin is located or the permit holder resides. Nothing in 
this Act precludes the parties from seeking mediation.

SEC. 6. 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. 7. REGULATIONS.

    The Secretary shall promulgate regulations to carry out this Act 
not later than December 31, 2012.
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