[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1906 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1906

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2011

   Mr. Tester (for himself, Mr. Barrasso, Mr. Baucus, Mr. Enzi, Mr. 
Grassley, and Mr. Risch) 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.

    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 
2011''.
    (b) Table of Contents.--The table of contents of 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; 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; or
                    (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 3(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 land.--The term ``National 
        Forest System land'' means National Forest System land derived 
        from the public domain.
            (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. 3. 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 are not rejected 
                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 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 an interim fee for permitted 
                cabin lots (including lots with incomplete appraisals), 
                which shall be an amount equal to the lesser of--
                            (i) $4,500; or
                            (ii) the amount of the current cabin user 
                        fee, increased by 25 percent.
            (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               12 percent                   $1,000
------------------------------------------------------------------------
               Tier 3               12 percent                   $1,500
------------------------------------------------------------------------
               Tier 4               14 percent                   $2,000
------------------------------------------------------------------------
               Tier 5               14 percent                   $2,500
------------------------------------------------------------------------
               Tier 6               14 percent                   $3,000
------------------------------------------------------------------------
               Tier 7               11 percent                   $3,500
------------------------------------------------------------------------
               Tier 8                8 percent                   $4,000
------------------------------------------------------------------------
               Tier 9                7 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.--
            (1) In general.--Subject to paragraph (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.
            (2) Limitations.--Notwithstanding paragraph (1), cabin user 
        fees established under this section shall be increased by not 
        more than 25 percent in an annual adjustment under paragraph 
        (a).
    (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, which results in the cabin being 
                rendered unsafe or unable to be occupied.
            (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. 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 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. 5. 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 6, 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 3(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 Act 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 Act precludes a 
        person from seeking mediation for an action under this Act.

SEC. 6. 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.
    (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.

    Not later than December 31, 2012, the Secretary shall issue 
regulations to carry out this Act.
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