[House Report 113-707]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-707
======================================================================
CABIN FEE ACT OF 2014
_______
December 22, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 5476]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resource, to whom was referred the
bill (H.R. 5476) 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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cabin Fee Act of 2014''.
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) Interim Fee.--During the period beginning on January 1, 2014, and
ending on the last day of the calendar year during which the current
appraisal cycle is completed under subsection (c), 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 Fee Fairness Act
of 2000 (16 U.S.C. 6201 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) $5,600.
(c) Completion of Current Appraisal Cycle.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
complete the current appraisal cycle, including receipt of timely
second appraisals, for recreational residences on National Forest
System land in accordance with the Cabin User Fee Fairness Act of 2000
(16 U.S.C. 6201 et seq.) (referred to in this Act as the ``current
appraisal cycle'').
(d) Lot Value.--Only appraisals conducted and approved by the
Secretary in accordance with the Cabin User Fee Fairness Act of 2000
(16 U.S.C. 6201 et seq.) during the current appraisal cycle shall be
used to establish the base value assigned to the lot, subject to the
adjustment in subsection (e). If a second appraisal--
(1) was approved by the Secretary, the value established by
the second appraisal shall be the base value assigned to the
lot; or
(2) was not approved by the Secretary, the value established
by the initial appraisal shall be the base value assigned to
the lot.
(e) Adjustment.--On the date of completion of the current appraisal
cycle, and before assessing a fee under subsection (f), 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.
(f) Annual Fee.--
(1) Base.--After the date on which appraised lot values have
been adjusted in accordance with subsection (e), the annual fee
assessed prospectively by the Secretary for recreational
residences on National Forest System land shall be in
accordance with the following tiered fee structure:
------------------------------------------------------------------------
Approximate Percent of Fee
Fee Tier Permits Nationally Amount
------------------------------------------------------------------------
Tier 1............................ 6 percent................ $650
Tier 2............................ 16 percent............... $1,150
Tier 3............................ 26 percent.............. $1,650
Tier 4............................ 22 percent.............. $2,150
Tier 5............................ 10 percent.............. $2,650
Tier 6............................ 5 percent................ $3,150
Tier 7............................ 5 percent............... $3,650
Tier 8............................ 3 percent............... $4,150
Tier 9............................ 3 percent............... $4,650
Tier 10........................... 3 percent............... $5,150
Tier 11........................... 1 percent................ $5,650.
------------------------------------------------------------------------
(2) Inflation adjustment.--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 adjustment.--
(A) In general.--The Secretary shall by regulation
establish criteria pursuant to which the annual fee
determined in accordance with this section may be
suspended or reduced temporarily if access to, or the
occupancy of, the recreational residence is
significantly restricted.
(B) Appeal.--The Secretary shall by regulation grant
the cabin owner the right of an administrative appeal
of the determination made in accordance with
subparagraph (A) whether to suspend or reduce
temporarily the annual fee.
(g) Periodic Review.--
(1) In general.--Beginning on the date that is 10 years after
the date of the 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 (f) 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 10 years after the date of the enactment
of this Act, 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 FEE FAIRNESS ACT OF 2000.
Effective on the date of the assessment of annual permit fees in
accordance with section 2(f) (as certified to Congress by the
Secretary), the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et
seq.) is repealed.
Purpose of the Bill
The purpose of H.R. 5476 is 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.
Background and Need for Legislation
The Cabin Fee Act of 2014 would establish a simple,
predictable fee-setting system under which owners of private
recreational cabins on U.S. Forest Service-owned lots are
assigned a place on a six-tiered fee structure based on a
current appraisal of the occupied land. Future fee increases
would be tied to inflation, eliminating the Forest Service's
costly administrative burden of constant appraisals and
appeals.
H.R. 5476 is similar to cabin fee legislation previously
reported by the Natural Resources Committee but includes a new
fee schedule that is needed to achieve a revenue neutral score.
Earlier versions gave stability and predictability to cabin
owners but their Congressional Budget Office (CBO) scores
prevented the bills from advancing. The fee schedule in H.R.
5476 is designed to make the bill revenue neutral over the 1, 5
and 10 year budget windows.
Fourteen thousand American families own cabins on land in
our National Forests but unless Congress acts to bring about a
course correction, many thousands of these people will be
forced to abandon family heirloom cabins as the currently
required fee hikes go into effect. This bill provides a
legislative solution that can head off that impending tragedy.
The bill seeks to be balanced and fair to both the cabin owners
and the Treasury, and the fees are intended to result in a
revenue neutral CBO score.
Many private cabins on Forest Service land are simple,
rustic structures hand-built by the grandparents of the current
owners early in the last century and passed down from
generation to generation. The overwhelming majority of the
cabins are modest family retreats. The purpose of this bill is
to keep the fees affordable for American families. The cabin
owners affected by this bill are charged an annual fee for use
of the 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 temporary, limited use-permit is not comparable
to the rights acquired when someone owns property in fee
simple, it has proven impossible under current law to establish
a fair process for setting the fees charged the cabin owners.
The current system has resulted in unrealistic, arbitrary fee
hikes that are completely unaffordable for average families.
For example, the Seattle Times reported recently that cabin
owners in Lake Wenatchee received notice that their fees will
increase more than one thousand percent, from $1,400 to more
than $17,000. Skyrocketing fees also make these part-time homes
unmarketable, leaving families who are unable to pay the high
fee, also unable to sell their cabins. Unless Congress acts to
establish a realistic pricing structure, families across the
nation may be forced to tear down their cabins because they can
neither afford the fees themselves nor find a buyer for their
cabin.
The Cabin Fee Act of 2014 will establish a simple,
predictable fee-setting system based on a tiered structure. And
because future fee increases will be tied to inflation, it will
eliminate the Forest Service's costly administrative burden of
constant appraisals and appeals.
Committee Action
H.R. 5476 was introduced on September 16, 2014, by
Congressman Doc Hastings (R-WA). The bill was referred to the
Committee on Natural Resources and on September 18, 2014, the
Committee met to consider the bill. Congressman Hastings
offered an amendment designated .045 to the bill; the amendment
was adopted by unanimous consent. The bill, as amended, was
then adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 5476--Cabin Fee Act of 2014
Summary: H.R. 5476 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 fee that would be assessed on individuals who
transfer ownership of their cabins. Based on information
provided by the Forest Service, CBO estimates that enacting the
legislation would reduce net direct spending by $1 million over
the 2015-2024 period; therefore, pay-as-you-go procedures
apply. Enacting H.R. 5476 would not affect revenues.
H.R. 5476 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 5476 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Reduction in Cabin Fees:
Estimated Budget Authority\a\................. 6 2 -1 * * * * * -1 -1 7 4
Estimated Outlays............................. 6 2 -1 * * * * * -1 -1 7 4
Cabin Transfer Fee:
Estimated Budget Authority.................... * * * -1 -1 -1 -1 -1 -1 -1 -2 -5
Estimated Outlays............................. * * * -1 -1 -1 -1 -1 -1 -1 -2 -5
Total Changes:
Estimated Budget Authority................ 6 2 -1 -1 -1 -1 -1 -1 -1 -1 4 -1
Estimated Outlays......................... 6 2 -1 -1 -1 -1 -1 -1 -1 -1 4 -1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Amounts may not sum to totals because of rounding; between -$500,000 and $500,000.
a. Because the fees already paid by some cabin owners for 2014 would exceed the amounts that would be owed in that year under the bill, CBO expects that
the Forest Service would provide refunds to those cabin owners in 2015.
Basis of Estimate: For this estimate, CBO assumes that the
legislation will be enacted at the end of 2014.
CBO estimates that enacting H.R. 5476 would reduce net
direct spending by $1 million over the 2015-2024 period. Over
that period, fees collected from cabin owners by the Forest
Service would total $4 million less than what would be
collected under current law (such losses would be reflected in
the budget as an increase in direct spending). In addition,
proceeds from the cabin transfer fee required under H.R. 5476
would increase receipts (thus reducing direct spending) by $5
million over that period.
Reduction in cabin fees
H.R. 5476 would establish a new schedule for fees assessed
on cabins located on Forest Service lands. Under current law,
owners of the roughly 14,000 affected cabins pay an annual fee
to the federal government equal to 5 percent of the appraised
value of the occupied land. Fee collections from those cabins
totaled roughly $30 million in 2014 and CBO estimates that
those collections will increase, under current law, to about
$35 million by 2024. Collections will increase over that period
as the agency completes appraisals of the affected Forest
Service lands, implements new fees based on those appraisals,
and annually adjusts fees on all cabins to account for
inflation.
Because H.R. 5476 would cap annual cabin fees at $5,650 and
prevent scheduled increases from being implemented as they
would be under current law, CBO estimates that enacting the
bill would lower annual receipts by an average of about $90 per
cabin over the 2015-2024 period. However, because of the
reduction in fees CBO expects that fewer cabins would be
abandoned under the bill than under current law, partially
offsetting the reduction in the fee paid per cabin. On net, we
estimate that enacting the new cabin fees required under H.R.
5476 would reduce offsetting receipts (and thus increase direct
spending) by $4 million over the 2015-2024 period.
Cabin transfer fees
H.R. 5476 would require the Forest Service to collect a fee
of $1,200 from cabin owners who transfer ownership of their
cabins. That fee would be adjusted annually to account for
inflation. CBO estimates that enacting this provision would
increase offsetting receipts, which are treated as reductions
in direct spending, by $5 million over the 2015-2024 period,
based on information provided by the Forest Service indicating
that about 400 permits will be issued to new owners each year.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO-EFFECTS FOR H.R. 5476 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON SEPTEMBER 19, 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact.............................. 6 2 -1 -1 -1 -1 -1 -1 -1 -1 4 -1
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Intergovernmental and private-sector impact: H.R. 5476
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Previous CBO estimates: On April 5, 2013, CBO transmitted a
cost estimate for H.R. 1159, the Cabin Fee Act of 2013, as
ordered reported by the House Committee on Natural Resources on
March 20, 2013. H.R. 5476 would establish a higher cap on fees
paid by each cabin owner, cap the amount that cabin fees could
be increased each year through 2016, adjust the cabin transfer
fee for inflation, and make the cabin transfer fee apply in all
cases where ownership of a cabin is transferred.
On March 5, 2014, CBO transmitted a cost estimate for S.
1341, the Cabin Fee Act of 2013, as ordered reported by the
Senate Committee on Energy and Natural Resources on December
19, 2013. H.R. 5476 would establish a higher cap on fees paid
by each cabin owner and cap the amount that cabin fees could be
increased each year through 2016.
On September 12, 2014, CBO transmitted a cost estimate for
H.R. 4873, the Cabin Fee Act of 2014, as ordered reported by
the House Committee on Natural Resources on June 19, 2014. H.R.
5476 would establish a higher cap on fees paid by each cabin
owner.
Those differences are reflected in the cost estimates for
H.R. 5476 and the three earlier bills.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Jon Sperl; Impact on the
Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the Forest Service, CBO estimates that enacting the legislation
would reduce net direct spending by $1 million over the 2015-
2024 period.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman estimates that this bill
directs the Secretary of Agriculture to conduct two
rulemakings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets):
CABIN USER FEE FAIRNESS ACT OF 2000
[TITLE VI--USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
[SEC. 601. SHORT TITLE.
[This title may be cited as the ``Cabin User Fee Fairness Act
of 2000''.
[SEC. 602. FINDINGS.
[Congress finds that--
[(1) cabins located on forest land have provided a
unique recreation experience to a large number of cabin
owners, their families, and guests each year since
Congress authorized the recreation residence program in
1915; and
[(2) the fact that current appraisal procedures have,
in certain circumstances, been inconsistently applied
in determining fair market values for residential lots
demonstrates that problems exist in accurately
reflecting market values.
[SEC. 603. PURPOSES.
[The purposes of this title are--
[(1) to ensure, to the maximum extent practicable,
that the National Forest System recreation residence
program is managed to preserve the opportunity for
individual and family-oriented recreation; and
[(2) to develop and implement a more consistent
procedure for determining cabin user fees, taking into
consideration the limitations of an authorization and
other relevant market factors.
[SEC. 604. DEFINITIONS.
[In this title:
[(1) Agency.--The term ``agency'' means the Forest
Service.
[(2) Authorization.--The term ``authorization'' means
a special use permit for the use and occupancy of
National Forest System land by a cabin owner under the
authority of the program.
[(3) Base cabin user fee.--The term ``base cabin user
fee'' means the fee for an authorization that results
from the appraisal of a lot as determined in accordance
with sections 606 and 607.
[(4) Cabin.--The term ``cabin'' means a privately
built and owned recreation residence that is authorized
for use and occupancy on National Forest System land.
[(5) Cabin owner.--The term ``cabin owner'' means--
[(A) a person authorized by the agency to use
and to occupy a cabin on National Forest System
land; and
[(B) an heir or assign of such a person.
[(6) Cabin user fee.--The term ``cabin user fee''
means a special use fee paid annually by a cabin owner
to the Secretary in accordance with this title.
[(7) Caretaker cabin.--The term ``caretaker cabin''
means a caretaker residence occupied in limited cases
in which caretaker services are necessary to maintain
the security of a tract.
[(8) Current cabin user fee.--The term ``current
cabin user fee'' means the most recent cabin user fee
that results from an annual adjustment to the base
cabin user fee in accordance with section 608.
[(9) Lot.--The term ``lot'' means a parcel of land in
the National Forest System--
[(A) on which a cabin owner is authorized to
build, use, occupy, and maintain a cabin and
related improvements; and
[(B) that is considered to be in its natural,
native state at the time at which a use of the
lot described in subparagraph (A) is first
permitted by the Secretary.
[(10) Natural, native state.--The term ``natural,
native state'' means the condition of a lot or site,
free of any improvements, at the time at which the lot
or site is first authorized for recreation residence
use by the agency.
[(11) Program.--The term ``program'' means the
recreation residence program established under the
authority of the last paragraph under the heading
``forest service'' in the Act of March 4, 1915 (38
Stat. 1101, chapter 144; 16 U.S.C. 497).
[(12) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
[(13) Tract.--The term ``tract'' means an established
location within a National Forest containing 1 or more
cabins authorized in accordance with the program.
[(14) Tract association.--The term ``tract
association'' means a cabin owner association in which
all cabin owners within a tract are eligible for
membership.
[(15) Typical lot.--The term ``typical lot'' means a
cabin lot, or a 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. 605. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM.
[The Secretary shall ensure, to the maximum extent
practicable, that the basis and procedure for calculating cabin
user fees results in a fee for an authorization that reflects,
in accordance with this title--
[(1) the market value of a lot; and
[(2) regional and local economic influences.
[SEC. 606. APPRAISALS.
[(a) Requirements for Conducting Appraisals.--In implementing
and conducting an appraisal process for determining cabin user
fees, the Secretary shall--
[(1) complete an inventory of improvements that were
paid for by--
[(A) the agency;
[(B) third parties; or
[(C) cabin owners (or predecessors of cabin
owners),
during the completion of which the Secretary shall
presume that a cabin owner, or a predecessor of the
owner, has paid for the capital costs of any utility,
access, or facility serving the lot being appraised,
unless the Forest Service produces evidence that the
agency or a third party has paid for the capital costs;
[(2) establish an appraisal process to determine the
market value of the fee simple estate of a typical lot
or lots considered to be in a natural, native state,
subject to subsection (b)(4)(A);
[(3) enter into a contract with an appropriate
professional appraisal organization to manage the
development of specific appraisal guidelines in
accordance with subsection (b), subject to public
comment and congressional review;
[(4) require that an appraisal be performed by a
State-certified general real estate appraiser, selected
by the Secretary and licensed to practice in the State
in which the lot is located;
[(5) provide the appraiser with appraisal guidelines
developed in accordance with this title;
[(6) notwithstanding any other provision of law,
require the appraiser to coordinate the appraisal
closely with affected parties by seeking information,
cooperation, and advice from cabin owners and tract
associations;
[(7) require that the appraiser perform the appraisal
in compliance with--
[(A) the most current edition of the Uniform
Standards of Professional Appraisal Practice in
effect on the date of the appraisal;
[(B) the most current edition of the Uniform
Appraisal Standards for Federal Land
Acquisitions that is in effect on the date of
the appraisal; and
[(C) the specific appraisal guidelines
developed in accordance with this title;
[(8) require that the appraisal report--
[(A) be a full narrative report, in
compliance with the reporting standards of the
Uniform Standards of Professional Appraisal
Practice; and
[(B) comply with the reporting guidelines
established by the Uniform Appraisal Standards
for Federal Land Acquisitions; and
[(9) before accepting any appraisal, conduct a review
of the appraisal to ensure that the guidelines made
available to the appraiser have been followed and that
the appraised values are properly supported.
[(b) Specific Appraisal Guidelines.--In the development of
specific appraisal guidelines in accordance with subsection
(a)(3), the instructions to an appraiser shall require, at a
minimum, the following:
[(1) Appraisal of a typical lot.--
[(A) In general.--In conducting an appraisal
under this section, the appraiser--
[(i) shall not appraise each
individual lot;
[(ii) shall appraise a typical lot or
lots, selected by the cabin owners and
the agency in a manner consistent with
the policy of the program; and
[(iii) shall be provided, and give
appropriate consideration to, any
information contained in the inventory
of improvements relating to the lot
being appraised.
[(B) Estimate of market value of typical
lot.--
[(i) In general.--The appraiser shall
estimate the market value of a typical
lot in accordance with this title.
[(ii) Equivalence to legally
subdivided lot.--In selecting a
comparable sale under this title, the
appraiser shall recognize that the
typical lot will not usually be
equivalent to a legally subdivided lot.
[(2) Exception for certain sales of land.--In
conducting an appraisal under this title, the
appraiser--
[(A) shall not select sales of comparable
land that are sales of land within developed
urban areas; and
[(B) should not, in most circumstances,
select a sale of comparable land that includes
land that is encumbered by a conservation or
recreational easement that is held by a
government or institution, except land that is
limited to use as a site for 1 home.
[(3) Adjustments for typical value influences.--
[(A) In general.--The appraiser shall
consider, and adjust as appropriate, the price
of sales of comparable land for all typical
value influences described in subparagraph (B).
[(B) Value influences.--The typical value
influences referred to in subparagraph (A)
include--
[(i) differences in the locations of
the parcels;
[(ii) accessibility, including
limitations on access attributable to--
[(I) weather;
[(II) the condition of roads
or trails;
[(III) restrictions imposed
by the agency; or
[(IV) other factors;
[(iii) the presence of marketable
timber;
[(iv) limitations on, or the absence
of, services such as law enforcement,
fire control, road maintenance, or snow
plowing;
[(v) the condition and regulatory
compliance of any site improvements;
and
[(vi) any other typical value
influences described in standard
appraisal literature.
[(4) Adjustments to sales of comparable parcels.--
[(A) Utilities, access, or facilities.--
[(i) Agency.--Utilities, access, or
facilities serving a lot that are
provided by the agency shall be
included as features of the lot being
appraised.
[(ii) Cabin owners.--Utilities,
access, or facilities serving a lot
that are provided by the cabin owner
(or a predecessor of the cabin owner)
shall not be included as a feature of
the lot being appraised.
[(iii) Third parties.--Utilities,
access, or facilities serving a lot
that are provided by a third party
shall not be included as a feature of
the lot being appraised unless, in
accordance with subsection (a)(1), the
agency determines that the capital
costs have not been or are not being
paid by the cabin owner (or a
predecessor of the cabin owner).
[(iv) Withdrawal of utility or access
by agency.--If, during the term of an
authorization, the agency or an act of
God creates a substantial and
materially adverse change in--
[(I) the provision or
maintenance of any utility or
access; or
[(II) a qualitative feature
of the lot or immediate
surroundings,
the cabin owner shall have the right to
request, and, at the discretion of the
Secretary, obtain a new determination
of the base cabin user fee at the
expense of the agency.
[(B) Adjustment for exclusion.--In a case in
which any comparable sale includes utilities,
access, or facilities that are to be excluded
in the appraisal of the subject lot, the price
of the comparable sale shall be adjusted, as
appropriate.
[(C) Adjustment process.--
[(i) In general.--The appraiser shall
consider and adjust, as appropriate,
the price of each sale of a comparable
parcel for all nonnatural features
referred to in subparagraph (A)(ii)
that--
[(I)(aa) are present at, or
add value to, the comparable
parcel; but
[(bb) are not present at the
lot being appraised; or
[(II) are not included in the
appraisal as described in
subparagraph (A).
[(ii) Adjustments.--
[(I) In general.--In a case
in which the price of a parcel
sold is to be adjusted in
accordance with subparagraph
(B), the adjustment may be
based on an analysis of market
or cost information or both.
[(II) Cost information.--If
cost information is used as the
basis of an adjustment under
subclause (I), the cost
information shall be supported
by direct market evidence.
[(iii) Analysis of cost
information.--An analysis of cost
information under clause (ii)(I) should
include allowances, as appropriate, if
the allowances are consistent with--
[(I) the Uniform Standards of
Professional Appraisal Practice
in effect on the date of the
analysis; and
[(II) the Uniform Appraisal
Standards for Federal Land
Acquisition.
[(D) Reappraisal for and recalculation of
base cabin user fee.--Periodically, but not
less often than once every 10 years, the
Secretary shall recalculate the base cabin user
fee (including conducting any reappraisal
required to recalculate the base cabin user
fee).
[SEC. 607. CABIN USER FEES.
[(a) In General.--The Secretary shall establish the cabin
user fee as the amount that is equal to 5 percent of the market
value of the lot, as determined in accordance with section 606,
reflecting an adjustment to the typical market rate of return
due to restrictions imposed by the permit, including--
[(1) the limited term of the authorization;
[(2) the absence of significant property rights
normally attached to fee simple ownership; and
[(3) the public right of access to, and use of, any
open portion of the lot on which the cabin or other
enclosed improvements are not located.
[(b) Fee for Caretaker Cabin.--The base cabin user fee for a
lot on which a caretaker cabin is located shall not be greater
than the base cabin user fee charged for the authorized use of
a similar typical lot in the tract.
[(c) Annual Cabin User Fee in the Event of Determination Not
To Reissue Authorization.--If the Secretary determines that an
authorization should not be reissued at the end of a term, the
Secretary shall--
[(1) establish as the new base cabin user fee for the
remaining term of the authorization the amount charged
as the cabin user fee in the year that was 10 years
before the year in which the authorization expires; and
[(2) calculate the current cabin user fee for each of
the remaining 9 years of the term of the authorization
by multiplying--
[(A) \1/10\ of the new base cabin user fee;
by
[(B) the number of years remaining in the
term of the authorization after the year for
which the cabin user fee is being calculated.
[(d) Annual Cabin User Fee in Event of Changed Conditions.--
If a review of a decision to convert a lot to an alternative
public use indicates that the continuation of the authorization
for use and occupancy of the cabin by the cabin owner is
warranted, and the decision is subsequently reversed, the
Secretary may require the cabin owner to pay any portion of
annual cabin user fees that were forgone as a result of the
expectation of termination of use and occupancy of the cabin by
the cabin owner.
[(e) Termination of Fee Obligation in Loss Resulting From
Acts of God or Catastrophic Events.--On a determination by the
agency that, because of an act of God or a catastrophic event,
a lot cannot be safely occupied and the authorization for the
lot should accordingly be terminated, the fee obligation of the
cabin owner shall terminate effective on the date of the
occurrence of the act or event.
[SEC. 608. ANNUAL ADJUSTMENT OF CABIN USER FEE.
[(a) In General.--The Secretary shall adjust the cabin user
fee annually, using a rolling 5-year average of a published
price index in accordance with subsection (b) or (c) that
reports changes in rural or similar land values in the State,
county, or market area in which the lot is located.
[(b) Initial Index.--
[(1) In general.--For the period of 10 years
beginning on the date of enactment of this title, the
Secretary shall use changes in agricultural land prices
in the appropriate State or county, as reported in the
Index of Agricultural Land Prices published by the
Department of Agriculture, to determine the annual
adjustment to the cabin user fee in accordance with
subsections (a) and (d).
[(2) Statewide changes.--In determining the annual
adjustment to the cabin user fee for an authorization
located in a county in which agricultural land prices
are influenced by the criteria described in section
606(b)(2), the Secretary shall use average statewide
changes in the State in which the lot is located.
[(c) New Index.--
[(1) In general.--Not later than 10 years after the
date of enactment of this title, the Secretary may
select and use an index other than the method of
adjustment of a cabin user fee described in subsection
(b)(2) to adjust a cabin user fee if the Secretary
determines that a different index better reflects
change in the value of a lot over time.
[(2) Selection process.--Before selecting a new
index, the Secretary shall--
[(A) solicit and consider comments from the
public; and
[(B) not later than 60 days before the date
on which the Secretary makes a final index
selection, submit any proposed selection of a
new index to--
[(i) the Committee on Resources of
the House of Representatives; and
[(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
[(d) Limitation.--In calculating an annual adjustment to the
base cabin user fee as determined by the initial index
described in section (b), the Secretary shall--
[(1) limit any annual fee adjustment to an amount
that is not more than 5 percent per year when the
change in agricultural land values exceeds 5 percent in
any 1 year; and
[(2) apply the amount of any adjustment that exceeds
5 percent to the annual fee payment for the next year
in which the change in the index factor is less than 5
percent.
[SEC. 609. PAYMENT OF CABIN USER FEES.
[(a) Due Date for Payment of Fees.--A cabin user fee shall be
prepaid annually by the cabin owner.
[(b) Payment of Equal or Lesser Fee.--If, in accordance with
section 607, the Secretary determines that the amount of a new
base cabin user fee is equal to or less than the amount of the
current base cabin user fee, the Secretary shall require
payment of the new base cabin user fee by the cabin owner in
accordance with subsection (a).
[(c) Payment of Greater Fee.--If, in accordance with section
607, the Secretary determines that the amount of a new base
cabin user fee is greater than the amount of the current base
cabin user fee, the Secretary shall--
[(1) require full payment of the new base cabin user
fee in the first year following completion of the fee
determination procedure if the increase in the amount
of the new base cabin user fee is not more than 100
percent of the current base cabin user fee; or
[(2) phase in the increase over the current base
cabin user fee in approximately equal increments over 3
years if the increase in the amount of the new base
cabin user fee is more than 100 percent of the current
base cabin user fee.
[SEC. 610. RIGHT OF SECOND APPRAISAL.
[(a) Right of Second Appraisal.--On receipt of notice from
the Secretary of the determination of a new base cabin user
fee, the cabin owner--
[(1) not later than 60 days after the date on which
the notice is received, may notify the Secretary of the
intent of the cabin owner to obtain a second appraisal;
and
[(2) may obtain, within 1 year following the date of
receipt of the notice under this subsection, at the
expense of the cabin owner, a second appraisal of the
typical lot on which the initial appraisal was
conducted.
[(b) Conduct of Second Appraisal.--In conducting a second
appraisal, the appraiser selected by the cabin owner shall--
[(1) have qualifications equivalent to the appraiser
that conducted the initial appraisal in accordance with
section 606(a)(4);
[(2) use the appraisal guidelines used in the initial
appraisal in accordance with section 606(a)(5);
[(3) consider all relevant factors in accordance with
this title (including guidelines developed under
section 606(a)(3)); and
[(4) notify the Secretary of any material differences
of fact or opinion between the initial appraisal
conducted by the agency and the second appraisal.
[(c) Request for Reconsideration of Base Cabin User Fee.--A
cabin owner shall submit to the Secretary any request for
reconsideration of the base cabin user fee, based on the
results of the second appraisal, not later than 60 days after
the receipt of the report for the second appraisal.
[(d) Reconsideration of Base Cabin User Fee.--On receipt of a
request from the cabin owner under subsection (c) for
reconsideration of a base cabin user fee, not later than 60
days after the date of receipt of the request, the Secretary
shall--
[(1) review the initial appraisal of the agency;
[(2) review the results and commentary from the
second appraisal;
[(3) determine a new base cabin user fee in an amount
that is--
[(A) equal to the base cabin user fee
determined by the initial or the second
appraisal; or
[(B) within the range of values, if any,
between the initial and second appraisals; and
[(4) notify the cabin owner of the amount of the new
base cabin user fee.
[SEC. 611. RIGHT OF APPEAL AND JUDICIAL REVIEW.
[(a) Right of Appeal.--Notwithstanding any action of a cabin
owner to exercise rights in accordance with section 610, the
Secretary shall by regulation grant the cabin owner the right
to an administrative appeal of the determination of a new base
cabin user fee.
[(b) Judicial Review.--A cabin owner that is adversely
affected by a final decision of the Secretary under this title
may bring a civil action in United States district court.
[SEC. 612. CONSISTENCY WITH OTHER LAW AND RIGHTS.
[(a) Consistency With Rights of the United States.--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. 613. REGULATIONS.
[Not later than 2 years after the date of enactment of this
title, the Secretary shall promulgate regulations to carry out
this title.
[SEC. 614. TRANSITION PROVISIONS.
[(a) Assessment of Annual Fees.--For the period of time
determined under subsection (b), the Secretary shall charge
each cabin owner an annual fee as follows:
[(1) Lots not appraised since september 30, 1995.--
For a lot that has not been appraised since September
30, 1995, the annual fee shall be equal to the amount
of the annual fee in effect on the date of enactment of
this title, adjusted annually to reflect changes in the
Implicit Price Deflator-Gross National Product Index.
[(2) Lots appraised on or after september 30, 1995.--
[(A) In general.--Except as provided in
subparagraph (B), for a lot that has been
appraised on or after September 30, 1995, the
annual fee shall be equal to the amount of the
fee in effect on the date of enactment of this
title, adjusted annually to reflect changes in
the Implicit Price Deflator-Gross National
Product Index.
[(B) Appraisals resulting in base fee
increase.--
[(i) In general.--Except as provided
in clause (ii), for a lot that has been
appraised on or after September 30,
1995, for which the appraisal resulted
in an increase of the base fee by an
amount greater than $3,000, the annual
fee shall be equal to the sum of $3,000
plus the amount of the annual fee in
effect on October 1, 1996, adjusted
annually to reflect the percentage
change in the Implicit Price Deflator-
Gross National Product Index.
[(ii) Fees paid after request of new
appraisal or peer review.--If--
[(I) the cabin owner of a lot
described in clause (i)
requests a new appraisal or
peer review under subsection
(c); and
[(II) the base cabin user fee
established as a result of the
appraisal or peer review is
determined to be an amount that
is 90 percent or more of the
fee in effect for the lot as
determined by an appraisal
conducted on or after September
30, 1995,
the Secretary shall charge the cabin
owner, in addition to the annual fee
that would otherwise have been due
under section 609, the difference
between the base cabin user fee
determined through the conduct of the
new appraisal or peer review and the
annual fee that would otherwise have
been due under section 609, to be
assessed retroactively for each year
beginning with the year in which the
previous appraisal was conducted, and
to be paid in 3 equal annual
installments.
[(b) Term.--
[(1) Lots not appraised since september 30, 1995.--
For a lot that has not been appraised since September
30, 1995, the Secretary shall charge fees in accordance
with subsection (a)(2)(A) until--
[(A) a base cabin user fee is determined in
accordance with--
[(i) this title; or
[(ii) regulations and policies in
effect on the date of enactment of this
title; and
[(B) the right of the cabin owner to a second
appraisal under section 610 is exhausted.
[(2) Lots appraised on or after september 30, 1995.--
For a lot that has been appraised on or after September
30, 1995, the Secretary shall charge fees under
subsection (a)(2) until--
[(A) the cabin owner requests a new appraisal
or peer review, and a base cabin user fee is
established, under subsection (c); or
[(B) in the absence of a request for a peer
review or a new appraisal under subsection (c),
the date that is 2 years after the date on
which the Forest Service promulgates
regulations and policies and develops appraisal
guidelines under this title.
[(c) Request For New Appraisal Under New Law.--
[(1) In general.--Not later than 2 years after the
promulgation of final regulations and policies and the
development of appraisal guidelines in accordance with
section 606(a)(5), cabin owners that are subject to
appraisals completed after September 30, 1995, but
before the date of promulgation of final regulations
under section 613, may request, in accordance with
paragraph (2), that the Secretary--
[(A) conduct a new appraisal and determine a
new base cabin user fee in accordance with this
title; or
[(B) commission a peer review of the existing
appraisals in accordance with paragraph (4).
[(2) Appraisal groupings by typical lot.--A request
for a new appraisal or for a peer review of existing
appraisals under paragraph (1) shall be made by a
majority of the cabin owners in a group of cabins
represented in the appraisal process by a typical lot.
[(3) Conduct of new appraisal.--On receipt of a
request for an appraisal and fee determination in
accordance with paragraph (2), the Secretary shall
conduct the new appraisal and fee determination in
accordance with this title.
[(4) Peer review of existing appraisals.--
[(A) In general.--On receipt of a request for
peer review in accordance with paragraph (2),
the Secretary shall obtain from an independent
professional appraisal organization a review of
the appraisal (including any report on the
appraisal) that was used to establish the
estimated fee simple value of the lots within
the subject grouping.
[(B) Inconsistency.--If peer review described
in subparagraph (A) results in a determination
that an appraisal or appraisal report includes
provisions or procedures that were implemented
or conducted in a manner inconsistent with this
title, the Secretary shall, as appropriate and
in accordance with this title--
[(i) revise an existing base cabin
user fee; or
[(ii) subject to an agreement with
the cabin owners, conduct a new
appraisal and fee determination.
[(5) Payment of costs.--Cabin owners and the
Secretary shall share, in equal proportion, the payment
of all reasonable costs of any new appraisal or peer
review.
[(d) Assumption of New Base Cabin User Fee.--In the absence
of a request under subsection (c) for a new appraisal and fee
determination from a cabin owner whose cabin user fee was
determined as a result of an appraisal conducted after
September 30, 1995, but before the date of promulgation of
final regulations under section 613, the Secretary may consider
the base cabin user fee resulting from the appraisal conducted
between September 30, 1995 and the date of promulgation of the
final regulations under section 613 to be the base cabin user
fee that complies with this section.]