[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.
____________________