[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1341

   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

                             July 23, 2013

Mr. Tester (for himself, Mr. Baucus, Mr. Barrasso, Mrs. Feinstein, Mr. 
Crapo, Mr. Enzi, and Mr. Grassley) 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.

    This Act may be cited as the ``Cabin Fee Act of 2013''.

SEC. 2. CABIN USER FEES.

    (a) In General.--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 Cycle.--Not 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) Interim Fee.--Until 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) Adjustment.--
            (1) In general.--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) Second appraisal.--
                    (A) In general.--Notwithstanding paragraph (1), a 
                permittee may arrange for a second appraisal of a 
                recreational residence lot.
                    (B) Requirements.--Any appraisal conducted under 
                subparagraph (A) shall be conducted in accordance with 
                applicable Federal appraisal standards.
                    (C) Value.--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) Annual Fee.--
            (1) Amount.--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:


------------------------------------------------------------------------
                                     Approximate  Percent of      Fee
             Fee Tier                  Permits  Nationally       Amount
------------------------------------------------------------------------
Tier 1............................  Not to exceed 6 percent..       $500
Tier 2............................  Not to exceed 16 percent.     $1,000
Tier 3............................  Not to exceed 26 percent.     $1,500
Tier 4............................  Not to exceed 22 percent.     $2,000
Tier 5............................  At least 10 percent......     $2,500
Tier 6............................  Not to exceed 5 percent..     $3,000
Tier 7............................  Not to exceed 5 percent..     $3,500
Tier 8............................  Not to exceed 3 percent..     $4,000
Tier 9............................  Not to exceed 3 percent..     $4,500
Tier 10...........................  Not to exceed 3 percent..     $5,000
Tier 11...........................  Not to exceed 1 percent..    $5,500.
------------------------------------------------------------------------

            (2) Adjustments.--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) Access and occupancy.--
                    (A) In general.--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) Appeal.--A decision of the Secretary to suspend 
                or reduce the annual fee under subparagraph (A) may be 
                appealed.
    (f) Periodic Review.--
            (1) In general.--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) Limitation.--The use of appraisals shall not be 
        required for any modifications to the fee system based on the 
        recommendations under paragraph (1)(B).

SEC. 3. CABIN TRANSFER FEES.

    (a) In General.--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) Adjustments.--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.

SEC. 4. 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 
in the National Forest System.
    (b) Alaska.--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)).

SEC. 5. RETENTION OF FEES.

    (a) In General.--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) Use.--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.

SEC. 6. REPEAL OF CABIN USER FEES FAIRNESS ACT OF 2000.

    Effective 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.
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