[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[House]
[Pages H5730-H5732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         CABIN FEE ACT OF 2012

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 3397) to modify the Forest Service Recreation 
Residence Program by implementing a simple, equitable, and predictable 
procedure for determining cabin user fees, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3397

       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 2012''.
       (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. Payment of cabin transfer fees.
Sec. 5. Right of appeal and judicial review.
Sec. 6. Effect.
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; 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 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.--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. 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 10 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 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 10.
       (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) $5,000; 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                5 percent                     $500
------------------------------------------------------------------------
            Tier 2               12 percent                   $1,000
------------------------------------------------------------------------
            Tier 3               22 percent                   $1,500
------------------------------------------------------------------------
            Tier 4               22 percent                   $2,000
------------------------------------------------------------------------
            Tier 5               10 percent                   $2,500
------------------------------------------------------------------------
            Tier 6                9 percent                   $3,000
------------------------------------------------------------------------
            Tier 7                7 percent                   $3,500
------------------------------------------------------------------------
            Tier 8                5 percent                   $4,000
------------------------------------------------------------------------
            Tier 9                5 percent                   $4,500
------------------------------------------------------------------------
           Tier 10                3 percent                   $5,000
------------------------------------------------------------------------

       (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.

[[Page H5731]]

       (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. 4. PAYMENT OF CABIN TRANSFER FEES.

       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 the amount of $1,200.

     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, 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.
       (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, 2013, the Secretary shall issue 
     regulations to carry out this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentleman from New Jersey (Mr. Holt) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous materials on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. I yield myself such time as I may 
consume.
  Mr. Speaker, the Cabin Fee Act, which I have sponsored for several 
Congresses, sets a new fee schedule for the 14,000 privately owned 
cabins in our national forests. It creates a simple, straightforward, 
and predictable fee schedule that is fair to cabin owners, the Forest 
Service, and the American taxpayer.
  H.R. 3397 would replace the current complex and unfair payment system 
by assigning cabin fees to tiers based on the cabin lot's appraised 
value. The fees would rise with inflation, but otherwise would be a 
fixed fee. This means that families would no longer face sudden, 
unexpected jumps to unaffordable levels, and the maximum fees are kept 
from going above $5,000 a year.
  As considered on the House floor today, the Cabin Fee Act is revenue 
neutral. The CBO score is zero.
  Many of the private cabins on Forest Service land are simple, rustic 
structures hand-built by the grandparents of current owners early in 
the last century and passed down from generation to generation. The 
overwhelming majority of these cabins are modest family retreats.
  The purpose of this bill is to keep the fees affordable for people 
such as teachers, factory workers, and retirees, and not just 
millionaires, which is what would result if we do not make the change 
in the law.
  The cabin owners affected by this bill are charged an annual fee for 
the use of their land on which their cabin sits. They do not get any 
ownership rights to the land. They have only a temporary and highly 
restricted use permit for basically the footprint of their cabin.
  Because a limited use permit is not comparable to the rights acquired 
when somebody owns property in fee simple, it has proven impossible 
under current law to establish a fair basis for setting the fees 
charged to the cabin owners. The current system has resulted in 
unrealistic, arbitrary fee hikes that are completely unaffordable for 
average families.
  For example, in the Northwest, the Seattle Times published a report 
that cabin owners in Lake Wenatchee, which is in my district, received 
notice that their fees would increase by more than 1,000 percent, from 
$1,400 a year to $17,000 a year. Skyrocketing fees also make these 
seasonal cabins unmarketable, leaving families who are unable to pay 
the high fees also unable to sell their cabins.
  Unless Congress acts to bring about a course correction, thousands of 
cabin owners will be forced to abandon family heirloom cabins as the 
currently planned hike in fees goes into effect. This bill is strongly 
supported by the Forest Service because it preserves this cherished 
century-old program while greatly reducing and simplifying the 
Service's administrative burden.
  The need to fix this problem has bipartisan support in the House and 
the Senate. So I urge support of the bill, and I reserve the balance of 
my time.

   CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3397, THE CABIN FEE ACT OF 2012, WITH AN AMENDMENT, AS PROVIDED TO CBO BY THE HOUSE COMMITTEE ON THE
                                                               BUDGET ON SEPTEMBER 7, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         By fiscal year, in millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2012     2013     2014     2015     2016     2017     2018     2019     2020     2021     2022   2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Net Increase or Decrease (-) Deficit
 
Statutory Pay-As-You-Go Impact         2       -5       -3       -2        0        1        2        2        2        2       -8        0
 a}0...........................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
a. H.R. 3397 would establish a new schedule for the fees paid to the federal government by individuals who own cabins located on Forest Service lands.
  The bill also would establish a transfer fee that would be assessed on owners who sell their cabins. Because H.R. 3397, as amended, would cap annual
  cabin fees at $5,000 and prevent scheduled fee increases from being implemented as they would be under current law, CBO estimates that enacting the
  bill would, in general, lower annual offsetting receipts over the 2012-2022 period. However, CBO estimates that enacting the legislation would
  increase receipts over the 2014-2016 period because we expect that cabin fees would be increased more gradually under current law than under the bill
  over that period. On net, CBO estimates that implementing the legislation would increase offsetting receipts (a credit against direct spending) by $8
  million over the 2012-2017 period and would have no significant impact on direct spending over the 2012-2022 period.

  Mr. HOLT. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HOLT asked and was given permission to revise and extend his 
remarks.)
  Mr. HOLT. Mr. Speaker, H.R. 3397, sponsored by our Chairman Hastings, 
authorizes the Secretary of Agriculture

[[Page H5732]]

to adjust the fees for private cabins on national forest lands.
  We remain concerned about the impact this legislation may have on 
cabin owners of modest means, of which there are many. It appears that 
in order to reduce the fees for owners in the highest bracket, fees on 
the middle- and lower-value cabins would have to increase.
  Many members of the committee do not object to the passage of this 
legislation at this time, although I wanted to bring up some personal 
concerns about the inequity of the new fee system. I'd like to work 
with the chairman and the cabin owners and the other body to achieve an 
equitable solution, and I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
my time and urge adoption of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, H.R. 3397, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________