[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4019 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4019
To increase employment and educational opportunities in, and improve
the economic stability of, counties containing Federal forest land,
while also reducing the cost of managing such land, by providing such
counties a dependable source of revenue from such land, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2012
Mr. Hastings of Washington introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To increase employment and educational opportunities in, and improve
the economic stability of, counties containing Federal forest land,
while also reducing the cost of managing such land, by providing such
counties a dependable source of revenue from such land, 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 ``Federal Forests
County Revenue, Schools, and Jobs Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COUNTY, SCHOOLS, AND REVENUE TRUST FOR FEDERAL FOREST LAND
Sec. 101. Definitions.
Sec. 102. County, Schools, and Revenue Trust.
Sec. 103. Opt out option.
Sec. 104. Determination of annual revenue requirement and minimum sale
level.
Sec. 105. County, Schools, and Revenue Trust Projects.
Sec. 106. Distribution of amounts from trust projects.
Sec. 107. Payments to beneficiary counties from County, Schools, and
Revenue Trust.
Sec. 108. Initial payments pending implementation of trust projects.
TITLE II--PAYMENT IN LIEU OF TAXES AMENDMENTS
Sec. 201. Extension.
Sec. 202. Inclusion in definition of payment law.
Sec. 203. Congressional notification and publication of information.
TITLE III--FOREST SERVICE RECREATION RESIDENCE PROGRAM
Sec. 301. Definitions.
Sec. 302. Cabin user fees.
Sec. 303. Cabin transfer fees.
Sec. 304. Right of appeal and judicial review.
Sec. 305. Effect.
Sec. 306. Regulations.
TITLE I--COUNTY, SCHOOLS, AND REVENUE TRUST FOR FEDERAL FOREST LAND
SEC. 101. DEFINITIONS.
In this title:
(1) Annual revenue requirement.--The term ``annual revenue
requirement'', with respect to a unit of the National Forest
System, means the amount equal to 60 percent of the average
annual gross receipts derived from the unit during the 20-year
period beginning with fiscal year 1980, as determined under
section 104.
(2) Beneficiary county.--
(A) In general.--The term ``beneficiary county''
means a political subdivision of a State that, on
account of containing National Forest System land, was
eligible to receive payments through the State under
title I of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7111 et seq.).
(B) Exclusion of certain counties.--The term does
not include a political subdivision of a State that
elects not to participate under section 103. A
political subdivision that opts out of participation
may still receive payments as provided in the sixth
paragraph under the heading of ``FOREST SERVICE'' in
the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500)
and section 13 of the Act of March 1, 1911 (36 Stat.
963; 16 U.S.C. 500).
(3) Catastrophic event.--The term ``catastrophic event''
means an event that the Secretary determines will cause or has
caused severe damage to National Forest System land, including
severe fire, insect or disease infestations, windthrow, or
other extreme weather or natural disaster.
(4) Chargeable volume.--
(A) In general.--The term ``chargeable volume''
means only the volume of timber and other forest
products that is counted toward meeting the allowable
sale quantity of a unit of National Forest System land
based on the regionally applicable utilization and
merchantability standards.
(B) Exclusion.--The term does not include post and
pole sales and personal use firewood.
(5) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511).
(6) County, schools, and revenue trust project.--The terms
``County, Schools, and Revenue Trust Project'' and ``trust
project'' mean a project designated by the Secretary as a
project to generate amounts to help meet the annual revenue
requirement.
(7) Federal land.--The term ``Federal land'' means--
(A) land within the National Forest System; and
(B) such portions of the revested Oregon and
California Railroad and reconveyed Coos Bay Wagon Road
grant land as are or may hereafter come under the
jurisdiction of the Department of the Interior, which
have heretofore or may hereafter be classified as
timberlands, and power-site land valuable for timber,
that shall be managed, except as provided in the former
section 3 of the Act of August 28, 1937 (50 Stat. 875;
43 U.S.C. 1181c), for permanent forest production.
(8) Minimum sale level.--The term ``minimum sale level'',
for a unit of the National Forest System for a fiscal year,
means a quantity equal to 50 percent of the average annual
chargeable timber volume (as measured in net sawtimber volume)
sold from the unit during the period beginning with fiscal year
1980 through fiscal year 2000, as determined under section 104.
(9) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture or the designee of the Secretary of Agriculture.
(11) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture or the designee of
the Secretary of Agriculture with respect to National
Forest System land; and
(B) the Secretary of the Interior or the designee
of the Secretary of the Interior with respect to the
Federal land described in paragraph (7)(B).
(12) State.--The term ``State'' includes the Commonwealth
of Puerto Rico.
(13) Trust.--The terms ``County, Schools, and Revenue
Trust'' and ``Trust'' mean the County, Schools, and Revenue
Trust established in the Treasury under section 102.
(14) Trustee.--The term ``Trustee'' means the Secretary,
acting as the trustee of the County, Schools, and Revenue
Trust.
SEC. 102. COUNTY, SCHOOLS, AND REVENUE TRUST.
(a) Establishment of Trust.--There is established in the Treasury a
fund to be known as the ``County, Schools, and Revenue Trust''.
(b) Trust Purpose.--The purpose of the Trust is to provide a
dependable source of revenue for each beneficiary county containing
National Forest System land.
(c) Fiduciary Responsibility.--The Trustee has a fiduciary
responsibility to beneficiary counties to use County, Schools, and
Revenue Trust Projects to generate amounts sufficient to satisfy the
annual revenue requirement established for units of the National Forest
System.
(d) Trust Assets.--
(1) Initial deposits.--To allow the transition necessary to
implement this title and title II, there is hereby appropriated
to the Trust, out of amounts in the Treasury not otherwise
appropriated, an amount equal to $875,000,000 to provide
payments under section 108 during fiscal years 2012 and 2013.
(2) Portion of receipts from trust projects.--There shall
be credited to the Trust all amounts required by section
106(a)(1) to be deposited in the Trust from County, Schools,
and Revenue Trust Projects.
(e) Limitations.--The assets of the Trust shall not--
(1) be subject to garnishment by, or otherwise paid to, a
creditor of a beneficiary county;
(2) be expended other than for the purposes authorized in
subsections (b) and (c) of section 107; or
(3) be used in lieu of or to otherwise offset State funding
sources for local schools, facilities, or educational purposes.
(f) Reporting.--Not later than 90 days after the end of each fiscal
year (beginning with fiscal year 2014), the Secretary shall submit to
Congress a report specifying the deposits into, and distributions from,
the Trust during the preceding fiscal year.
SEC. 103. OPT OUT OPTION.
(a) Election.--A political subdivision of a State that otherwise
satisfies the definition of beneficiary county may elect not to
participate under this title.
(b) Time and Duration of Election.--An election to opt out under
subsection (a) is effective for a single fiscal year and must be
submitted to the Secretary before the start of that fiscal year.
(c) Effect of Election.--
(1) No trust projects.--No County, Schools, and Revenue
Trust Project may be commenced on National Forest System land
located in any political subdivision that has opted out under
subsection (a). Other activities on the National Forest System
land in the political subdivision may be carried out in
accordance with other laws applicable to the National Forest
System land.
(2) Completion of existing projects.--Trust projects
underway before the effective date of the opt out may be
completed.
SEC. 104. DETERMINATION OF ANNUAL REVENUE REQUIREMENT AND MINIMUM SALE
LEVEL.
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall determine for each unit of the National Forest
System--
(1) the annual revenue requirement for the unit; and
(2) the minimum sale level for the unit.
SEC. 105. COUNTY, SCHOOLS, AND REVENUE TRUST PROJECTS.
(a) Need for Projects.--Effective for fiscal year 2014 and each
fiscal year thereafter, the Secretary shall carry out County, Schools,
and Revenue Trust Projects in units of the National Forest System as
necessary to achieve the annual revenue requirement for the unit. The
Secretary is authorized and encouraged to commence the implementation
of trust projects before fiscal year 2014 to begin generating amounts
for deposit in the Trust to supplement the funds made available under
section 102(d)(1).
(b) Designation of Projects.--
(1) In general.--Except as otherwise provided in this
subsection, the Secretary may designate any project involving
National Forest System land (other than National Forest System
land located in a political subdivision that opted out under
section 103) as a County, Schools, and Revenue Trust Project.
(2) Types of projects.--Trust projects may include a timber
sale, issuance of a grazing permit, issuance of a special use
permit involving land use, mineral development, power
generation, or recreational use, and projects implementing a
community wildfire protection plan.
(3) Exclusion of certain land from trust projects.--A trust
project shall not be designated on National Forest System
land--
(A) that is a component of the National Wilderness
Preservation System;
(B) on which the removal of vegetation is
specifically prohibited by Federal law; or
(C) over which administrative jurisdiction was
assumed by the Forest Service under section 311.
(4) Maximum number of designated projects.--The maximum
number of trust projects designated by the Secretary for a unit
of the National Forest System for a fiscal year may not exceed
the number of projects necessary to meet the annual revenue
requirement for the unit.
(5) Standards for trust projects.--A County, Schools, and
Revenue Trust Project shall be consistent with standards and
guidelines contained in the land and resource management plan
or land use plan for the unit of the National Forest System in
which the project will occur, except that the Secretary may
modify such standards and guidelines for a specific trust
project.
(c) Special Authority To Respond to Catastrophic Events.--
Notwithstanding subsection (b)(4), the Secretary may designate any
project conducted in response to a catastrophic event as a County,
Schools, and Revenue Trust Project.
(d) Public Review and Required Environmental Analysis.--
(1) Public notice and comment.--
(A) Proposed project.--The Secretary shall publish
in the Federal Register notice of a proposed County,
Schools, and Revenue Trust Project. The public may
submit to the Secretary specific written comments that
relate to the trust project within 30 days after the
date of the publication of the notice.
(B) Final decision.--Not later than 120 days after
the date on which notice was published under
subparagraph (A) with regard to a proposed County,
Schools, and Revenue Trust Project, and after taking
into account any comments received under such
subparagraph, the Secretary shall designate the final
trust project and publish in the Federal Register
notice of the final designated trust project.
(C) Objections.--Only persons who submitted
comments regarding a proposed County, Schools, and
Revenue Trust Project under subparagraph (A) may submit
to the Secretary specific written objections that
relate to the final designated trust project. Any
objections regarding the final trust project must be
submitted within 30 days after the date of the
publication of the notice under subparagraph (B).
(2) Environmental report requirement.--
(A) In general.--Except as provided under
subparagraph (C), the Secretary shall prepare an
environmental report for each final designated County,
Schools, and Revenues Trust Project within 180 days
after the date on which notice was published under
paragraph (1)(A) with regard to the project.
(B) Elements of report.--The environmental report
for a trust project shall include at a minimum the
following:
(i) To the extent the Secretary considers
appropriate and feasible, an evaluation of the
environmental impacts of the proposed project,
including the effect, if any, on threatened or
endangered species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(ii) Public comments received by the
Secretary regarding the project under
subparagraph (A) of paragraph (1), objections
to the project submitted under subparagraph (C)
of such paragraph, and any response to the
comments and objections.
(iii) Any modifications to the project to
ensure that the annual revenue requirement is
met.
(C) Special deadlines for projects in response to
catastrophic event.--In the case of a trust project
proposed in response to a catastrophic event, the
Secretary shall complete the environmental report
required by this paragraph within 30 days after the
date on which notice was published under paragraph
(1)(A) with regard to the proposed project. The
Secretary shall adjust the deadlines for public
comments specified in subparagraphs (A) and (C) of
paragraph (1) as necessary to achieve the expedited
reporting requirement imposed by this subparagraph.
(D) Cost to prepare environmental report.--The
costs to prepare the environmental report for a trust
project shall not exceed an amount equal to one-third
of the estimated value of the receipts to be generated
by the trust project.
(3) Sole means for administrative review.--The procedures
provided by this subsection are the sole means by which a
person may seek administrative review of a County, Schools, and
Revenue Trust Project.
(4) No judicial review.--There shall be no judicial review
of the environmental report for a County, Schools, and Revenue
Trust Project.
(e) Compliance.--Compliance with this section shall be deemed to be
compliance with the requirements of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1601 et seq.), the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), section 14
of the National Forest Management Act of 1976 (16 U.S.C. 472a), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the
Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.).
SEC. 106. DISTRIBUTION OF AMOUNTS FROM TRUST PROJECTS.
(a) Percentage Distribution.--The amounts derived from a County,
Schools, and Revenue Trust Project shall be distributed as follows:
(1) 65 percent shall be deposited in the County, Schools,
and Revenue Trust.
(2) 35 percent shall be deposited in the general fund of
the Treasury for use as provided in subsection (b).
(b) Use of Funds for Forest Service.--
(1) In general.--Amounts deposited under subsection (a)(2)
shall be available, in such amounts as may be provided in
advance in appropriation Acts, for the Forest Service.
(2) Funds for performance based cash awards.--Of the amount
made available under paragraph (1) for a fiscal year, the
Secretary shall make available to the responsible officials for
units of the National Forest System up to one percent of the
amount for the purpose of providing performance-based cash
awards under section 4505a of title 5, United States Code, to
employees of the Forest Service who assist a unit in exceeding
its minimum sale level for the fiscal year.
SEC. 107. PAYMENTS TO BENEFICIARY COUNTIES FROM COUNTY, SCHOOLS, AND
REVENUE TRUST.
(a) Distribution Method.--As soon as practicable at the end of each
fiscal year, the Secretary shall distribute all amounts that were
deposited in the County, Schools, and Revenue Trust from trust projects
for that fiscal year to the States for distribution to beneficiary
counties in the manner provided by section 102(c)(1) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7112(c)(1)).
(b) Use of Funds.--The use of amounts received by a beneficiary
county under this section shall be subject to subsections (c)(2) and
(d) of section 102 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112).
SEC. 108. INITIAL PAYMENTS PENDING IMPLEMENTATION OF TRUST PROJECTS.
(a) Fiscal Year 2012.--
(1) Beneficiary counties.--As soon as practicable after the
end of fiscal year 2012, the Secretary of Agriculture shall
distribute to each beneficiary county a payment equal to the
amount distributed to the beneficiary county for fiscal year
2010 under section 102(c)(1) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7112(c)(1)).
(2) Counties that were eligible for direct county
payments.--As soon as practicable after the end of fiscal year
2012, the Secretary of the Interior shall distribute to each
county that received a payment for fiscal year 2010 under
section 102(a)(2) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112(a)(2)) a payment
equal to the amount distributed to the county for fiscal year
2010 under section 102(c)(1) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1))
(b) Fiscal Year 2013.--As soon as practicable at the end of fiscal
year 2013, the Secretary concerned shall distribute to each beneficiary
county that received a payment under subsection (a)(1) and to each
county that received a payment under subsection (a)(2) a payment equal
to 75 percent of the amount distributed to the county under subsection
(a).
(c) Source of Funds.--The amounts required to be distributed under
this section shall be derived from funds in the County, Schools, and
Revenue Trust.
(d) Use of Funds.--The distribution under this section of amounts
to a beneficiary county shall be subject to subsections (c)(2) and (d)
of section 102 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112). The distribution under this
section of amounts to a county described in subsection (a)(2) shall be
subject to subsection (d) of such section.
TITLE II--PAYMENT IN LIEU OF TAXES AMENDMENTS
SEC. 201. EXTENSION.
Section 6906 of title 31, United States Code, is amended by
striking ``2012'' and inserting ``2017''.
SEC. 202. INCLUSION IN DEFINITION OF PAYMENT LAW.
Section 6903(a)(1) of title 31, United States Code, amended--
(1) by striking ``and'' at the end of subparagraph (I);
(2) by striking the period at the end of subparagraph (J)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(K) titles I and II of the Federal Forests County
Revenue, Schools, and Jobs Act of 2012.''.
SEC. 203. CONGRESSIONAL NOTIFICATION AND PUBLICATION OF INFORMATION.
Section 6903 of title 31, United States Code, is amended by adding
at the end the following new subsections:
``(e) Congressional Notification.--The Secretary of the Interior
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 list of States that have not submitted to the
Secretary the data required to calculate payments under this chapter by
January 15 of each year.
``(f) Publication.--The Secretary of the Interior shall--
``(1) publish in the Federal Register and on the Department
of the Interior website a list of States that have not
submitted to the Secretary the data required to calculate
payments under this chapter by February 1 of each year; and
``(2) update the list published on the Department of the
Interior website under paragraph (1) to reflect any changes in
the list.''.
TITLE III--FOREST SERVICE RECREATION RESIDENCE PROGRAM
SEC. 301. DEFINITIONS.
In this title:
(1) Authorization; authorize.--The terms ``authorization''
and ``authorize'' mean the issuance of a special use permit for
the use and occupancy of National Forest System land 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 that--
(A) is authorized for private use and occupancy;
and
(B) 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; and
(B) a trust, heir, or assign of a person described
in subparagraph (A).
(4) Cabin transfer fee.--The term ``cabin transfer fee''
means a fee that is paid to the United States on the transfer
of a cabin between private parties for money or other
consideration that results in the 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 in
accordance with an authorization for the use and occupancy of a
cabin.
(6) Current appraisal cycle.--The term ``current appraisal
cycle'' means the completion of Forest Service review and
acceptance of--
(A) initial typical lot appraisals; and
(B) 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, as adjusted under
section 302(c).
(8) Lot.--The term ``lot'' means a parcel of National
Forest System land on which a person is authorized to build,
use, occupy, and maintain a cabin.
(9) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609).
(10) Recreation residence program.--The term ``Recreation
Residence Program'' means the Recreation Residence Program
established under the last paragraph under the heading ``FOREST
SERVICE'' in the Act of March 4, 1915 (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. 302. CABIN USER FEES.
(a) Payment of Cabin User Fees.--Cabin owners shall pay an annual
cabin user fee established by the Secretary in accordance with this
section.
(b) Initial Cabin User Fees.--
(1) Establishment.--The Secretary shall establish initial
cabin user fees in accordance with this subsection.
(2) Assignment to value tiers.--On 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
considerations:
(A) Before assigning the lots to tiers, all
appraised lot values shall be adjusted, or normalized,
for price changes occurring after the appraisal, in
accordance with the National Association of
Homebuilders/Wells Fargo Housing Opportunity Index.
(B) Second appraisal values that meet Forest
Service standards for approval 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 contained in the table set forth in
paragraph (3).
(E) Data from incomplete appraisals may not be used
to establish the fee tiers under this subsection.
(F) Until assigned to a tier under this subsection,
the Secretary shall assess (and may adjust annually
subject to clause (ii)) an interim fee for permitted
cabin lots (including lots with incomplete appraisals)
in an amount equal to the lesser of--
(i) $4,500; or
(ii) the amount of the current cabin user
fee, as determined under the Cabin User Fee
Fairness Act of 2000 (16 U.S.C. 6201 et seq.),
which amount the Secretary may increase
annually by not more than 25 percent, except
that the increased fee shall not exceed the
otherwise scheduled fee determined under the
Cabin User Fee Fairness Act of 2000.
(3) Amount of initial cabin user fees.--The initial cabin
user fees, based on the assignments under paragraph (2), are as
follows:
------------------------------------------------------------------------
Approximate Percent of
Fee Tier Permits Nationally Fee Amount
------------------------------------------------------------------------
Tier 1 8 percent $500
------------------------------------------------------------------------
Tier 2 16 percent $1,000
------------------------------------------------------------------------
Tier 3 20 percent $1,500
------------------------------------------------------------------------
Tier 4 20 percent $2,000
------------------------------------------------------------------------
Tier 5 12 percent $2,500
------------------------------------------------------------------------
Tier 6 8 percent $3,000
------------------------------------------------------------------------
Tier 7 6 percent $3,500
------------------------------------------------------------------------
Tier 8 6 percent $4,000
------------------------------------------------------------------------
Tier 9 4 percent $4,500.
------------------------------------------------------------------------
(4) Deadline for completion of current appraisal cycle.--
Not later than 3 years after the date of enactment of this Act,
the Secretary shall complete the current appraisal cycle.
(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) Annual Adjustments of Cabin User Fee.--Once initial cabin user
fees have been assessed, based on the tier assignments under subsection
(b)(2), 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 assess an annual adjustment to cabin user fees.
(d) Effect of Destruction, Substantial Damage, or Loss of Access.--
(1) In general.--The Secretary shall reduce the cabin user
fee to $100 per year for a cabin if--
(A) the cabin is destroyed or suffers substantial
damage in an amount that is greater than 50 percent of
replacement cost of the cabin; or
(B) access to the cabin is significantly impaired,
whether by catastrophic events, natural causes, or
governmental actions.
(2) Term of reduced fee.--The reduced fee under paragraph
(1) shall be in effect until the later of--
(A) the last day of the year in which the
destruction or impairment occurs; or
(B) the date on which the cabin may be lawfully
reoccupied and normal access has been restored.
SEC. 303. 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 cabin owner transferring the cabin 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.
(b) Amount.--As a condition of the issuance by the Secretary of a
new authorization for the use and occupancy of the cabin, the cabin
owner transferring the cabin shall pay 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 percent of consideration in excess of
$250,000 up to $500,000
----------------------------------------------------------------------------------------------------------------
$500,000.01 and above $1,000 plus 5 percent of consideration in excess of
$250,000 up to $500,000 plus 10 percent of
consideration in excess of $500,000.
----------------------------------------------------------------------------------------------------------------
(c) 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 set forth in the table contained
in subsection (b).
SEC. 304. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Right of Appeal.--
(1) In general.--Notwithstanding any action of a cabin
owner to exercise rights in accordance with section 305, the
Secretary shall by regulation grant to the cabin owner the
right to an administrative appeal of the determination of a new
cabin user fee, fee tier, cabin transfer fee, or whether or not
to reduce a cabin user fee under section 302(d).
(2) Applicable law.--An appeal under paragraph (1) shall be
pursuant to the appeal process provided under subpart C of part
251 of title 36, Code of Federal Regulations (or a successor
regulation).
(b) Judicial Review.--
(1) In general.--A cabin owner that contests a final
decision of the Secretary under this title may bring a civil
action in United States district court.
(2) Venue.--The venue for an action brought before the
United States district court under this subsection shall be in
the Federal judicial district in which the cabin is located or
the permit holder resides.
(3) Effect on mediation.--Nothing in this title precludes a
person from seeking mediation for an action under this title.
SEC. 305. EFFECT.
(a) In General.--Nothing in this title 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. 306. REGULATIONS.
Not later than December 31, 2013, the Secretary shall issue
regulations to carry out this title.
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