[Senate Report 113-67]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 121
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-67

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                   ALASKA SUBSISTENCE STRUCTURE FEES

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 736]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 736) to establish a maximum amount for 
special use permit fees applicable to certain cabins on 
National Forest System land in the State of Alaska, having 
considered the same, reports favorably thereon with amendments 
and an amendment to the title and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:

  1. Beginning on page 1, strike line 8 and all that follows 
through page 2, line 2, and insert the following:
          (1) Covered cabin or temporary structure.--The term 
        ``covered cabin or temporary structure'' means a cabin 
        (including related structures) or a tent platform on 
        National Forest System land in the State of Alaska--

  2. On page 2, strike lines 18 through 22 and insert the 
following:

SEC. 3. ALASKA SUBSISTENCE USE CABIN AND TEMPORARY STRUCTURE SPECIAL 
                    USE LAND USE FEES.

  The maximum land use fee for a special use permit issued by 
the Secretary of Agriculture for the use and occupancy of 
National Forest System land for a covered cabin or temporary 
structure shall be not more than $250.

  3. Amend the title so as to read: ``A bill to establish a 
maximum amount for special use land use fees applicable to 
certain cabins and temporary structures on National Forest 
System land in the State of Alaska.''.

                                PURPOSE

    The purpose of S. 736 is to establish a maximum annual fee 
of $250 for the issuance of a special use permit by the 
Secretary of Agriculture for use and occupancy of a cabin, 
structure, or shelter on National Forest land in Alaska for 
subsistence purposes.

                          BACKGROUND AND NEED

    The Tongass National Forest, located in Southeast Alaska, 
is the largest national forest in the United States at 17 
million acres, roughly the size of West Virginia. The Tongass 
is home to approximately 70,000 people living in 32 
communities, including the state capital, Juneau.
    Alaska Natives, including the Tlingit, Haida, and 
Tsimshian, have continuously inhabited the Tongass for more 
than 10,000 years. They practiced a subsistence way of life 
that many of the Alaska Natives today continue to practice. 
Subsistence structures, most of which are used by Alaska 
Natives, have been a part of the Tongass since its creation and 
are used primarily for hunting, fishing and gathering the wild 
foods that these families depend on to survive. Now, a century 
later, only a small number of subsistence structures remain. 
Most of the cabins and tent-platforms that still exist were 
built generations ago by the same families that own them today, 
and are still primarily used for hunting, fishing, and 
gathering the wild foods that these families depend on.
    The Forest Service fee schedule does not have a category 
for subsistence cabin use in Alaska. The agency currently 
charges these subsistence users $853.44 per year for a special 
use permit that allows them to continue to use their cabins--
cabins their families built, and have used for these same 
subsistence purposes for decades. The Forest Service charges 
the same rate to those utilizing shelters on Tongass land for 
commercial fishing camps, mineral exploration, commercial 
outfitter and guide operations, and personal recreation 
retreats. The current fee has become a significant burden for 
families living a limited cash subsistence lifestyle.
    S. 736 would set the annual fee to not more than $250 for 
subsistence cabin use.

                          LEGISLATIVE HISTORY

    S. 736 was introduced by Senator Murkowski on April 16, 
2013. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 736 on April 25, 2013. At its business 
meeting on May 16, 2013, the Committee reported the bill 
favorably reported with amendments.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 736, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 736, the Committee adopted 
two amendments that to clarify the definition of a covered 
cabin or tent structure that would be subject to the fee 
structure under this Act.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides for the short title, the ``Alaska 
Subsistence Structure Protection Act of 2013''.
    Section 2 defines the terms of the bill ``covered cabin or 
temporary structure'' and ``subsistence uses'' as used in this 
bill.
    Section 3 states that the maximum amount for a special use 
permit for a covered cabin or temporary structure on Forest 
Service land at $250.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of S. 736 has been provided 
by the Congressional Budget Office:

S. 736--Alaska Subsistence Structure Protection Act of 2013

    S. 736 would establish a cap on the annual fee paid to the 
federal government by individuals who own certain structures 
(including cabins and temporary fishing facilities) on Forest 
Service lands in Alaska. Based on information provided by the 
Forest Service, CBO estimates that enacting the legislation 
would reduce offsetting receipts, which are treated as 
reductions in direct spending, by about $75,000 a year; 
therefore, pay-as-you-go procedures apply. Enacting the bill 
would not affect revenues.
    Under current law, owners of the 138 affected structures 
pay an annual fee to the federal government based on the fair 
market value of the occupied land. In 2013, those owners paid 
fees totaling about $110,000. Based on information provided by 
the Forest Service, CBO estimates that those owners would pay 
fees totaling about $35,000 a year in future years under the 
bill. Thus, we estimate that enacting S. 736 would reduce 
offsetting receipts by about $75,000 a year over the 2014-2023 
period.
    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. S. 736 would reduce offsetting 
receipts; therefore, pay-as-you-go procedures apply. The net 
budgetary changes that are subject to pay-as-you-go procedures 
are shown in the following table.

   CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 736, THE ALASKA SUBSISTENCE STRUCTURE PROTECTION ACT OF 2013, AS ORDERED REPORTED BY THE
                                            SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON MAY 16, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2013   2014   2015   2016   2017   2018   2019   2020   2021   2022   2023  2013-2018  2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      0      0      0        0          1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    S. 736 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 736.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 736, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 736, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Forest Service at the April 
25, 2013, Subcommittee on Public Lands, Forests, and Mining 
hearing on S. 736 follows:

  Statement of James M. Pena, Associate Deputy Chief, National Forest 
           System, Forest Service, Department of Agriculture

    Mr. Chairman, Ranking Member Barrasso, and members of the 
Committee, thank you for inviting me here today to testify 
regarding S. 736, the Alaska Subsistence Structure Protection 
Act of 2013.
    The bill would provide relief to rural Alaskan cabin users 
who depend on the Tongass National Forest for subsistence 
fishing, hunting and gathering by capping the fee that may be 
charged for the special use permits authorizing the use of the 
cabins.
    The Department does not oppose S. 736, but would appreciate 
the opportunity to work with Committee staff on technical 
changes to the bill. These changes would better clarify which 
permits would be eligible for the reduced fees.
    We also note that the Forest Service has existing authority 
to implement the changes in fees required by the bill, so 
legislation on this topic may not be necessary.
    This concludes our testimony and I would be happy to answer 
any questions that you may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 736, as ordered 
reported.

                                  
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