[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1341 Reported in Senate (RS)]
Calendar No. 397
113th CONGRESS
2d Session
S. 1341
[Report No. 113-171]
To modify the Forest Service Recreation Residence Program as the
program applies to units of the National Forest System derived from the
public domain by implementing a simple, equitable, and predictable
procedure for determining cabin user fees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2013
Mr. Tester (for himself, Mr. Baucus, Mr. Barrasso, Mrs. Feinstein, Mr.
Crapo, Mr. Enzi, Mr. Grassley, Mr. Risch, and Mr. Flake) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
May 22, 2014
Reported by Ms. Landrieu, with an amendment and an amendment to the
title
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To modify the Forest Service Recreation Residence Program as the
program applies to units of the National Forest System derived from the
public domain by implementing a simple, equitable, and predictable
procedure for determining cabin user fees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cabin Fee Act of 2013''.
SEC. 2. CABIN USER FEES.
(a) In General.--The Secretary of Agriculture (referred to in this
Act as the ``Secretary'') shall establish a fee in accordance with this
section for the issuance of a special use permit for the use and
occupancy of National Forest System land for recreational residence
purposes.
(b) Completion of Current Appraisal Cycle.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall complete
the current appraisal cycle for recreational residences on National
Forest System land in accordance with the Cabin User Fees Fairness Act
of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the
``current appraisal cycle'').
(c) Interim Fee.--<DELETED>Until</DELETED> During the period
beginning on January 1, 2014, and ending on the date on which the
current appraisal cycle is completed under subsection (b), the
Secretary shall assess an interim annual fee for recreational
residences on National Forest System land that is an amount equal to
the lesser of--
(1) the fee determined under the Cabin User Fees Fairness
Act (16 U.S.C. 6901 et seq.), subject to the requirement that
any increase over the fee assessed during the previous year
shall be limited to not more than 25 percent; or
(2) $5,500.
(d) Adjustment.--
(1) In general.--On the date of completion of the current
appraisal cycle, and before assessing a fee under this Act, the
Secretary shall make a 1-time adjustment to the value of each
appraised lot on which a recreational residence is located to
reflect any change in value occurring after the date of the
most recent appraisal for the lot, in accordance with the 4th
quarter of 2012 National Association of Homebuilders/Wells
Fargo Housing Opportunity Index.
(2) Second appraisal.--
(A) In general.--Notwithstanding paragraph (1), a
permittee may arrange for a second appraisal of a
recreational residence lot.
(B) Requirements.--Any appraisal conducted under
subparagraph (A) shall be conducted in accordance with
applicable Federal appraisal standards.
(C) Value.--If an appraisal conducted under
subparagraph (A) is approved by the Secretary, the
value established by the appraisal shall be the value
assigned to the lot.
(e) Annual Fee.--
(1) Amount.--After the date on which appraised lot values
have been adjusted in accordance with subsection (d), the
annual fee assessed by the Secretary for recreational
residences on National Forest System land shall be as follows:
------------------------------------------------------------------------
Approximate Percent of Fee
Fee Tier Permits Nationally Amount
------------------------------------------------------------------------
Tier 1............................ Not to exceed 6 percent.. $500
Tier 2............................ Not to exceed 16 percent. $1,000
Tier 3............................ Not to exceed 26 percent. $1,500
Tier 4............................ Not to exceed 22 percent. $2,000
Tier 5............................ At least 10 percent...... $2,500
Tier 6............................ Not to exceed 5 percent.. $3,000
Tier 7............................ Not to exceed 5 percent.. $3,500
Tier 8............................ Not to exceed 3 percent.. $4,000
Tier 9............................ Not to exceed 3 percent.. $4,500
Tier 10........................... Not to exceed 3 percent.. $5,000
Tier 11........................... Not to exceed 1 percent.. $5,500.
------------------------------------------------------------------------
(2) Adjustments.--The Secretary shall increase or decrease
the annual fees set forth in the table under paragraph (1) to
reflect changes in the Implicit Price Deflator for the Gross
Domestic Product published by the Bureau of Economic Analysis
of the Department of Commerce, applied on a 5-year rolling
average.
(3) Access and occupancy.--
(A) In general.--The Secretary may suspend or
reduce the applicable fee under paragraph (1) if access
to, or the occupancy of, the recreational residence is
significantly restricted.
(B) Appeal.--A decision of the Secretary to suspend
or reduce the annual fee under subparagraph (A) may be
appealed.
(f) Periodic Review.--
(1) In general.--Beginning on the date that is 10 years
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report that--
(A) analyzes the annual fees set forth in the table
under subsection (e) to ensure that the fees reflect
fair value for the use of the land for recreational
residence purposes, taking into account all use
limitations and restrictions (including any limitations
and restrictions imposed by the Secretary); and
(B) includes any recommendations of the Secretary
with respect to modifying the fee system.
(2) Limitation.--The use of appraisals shall not be
required for any modifications to the fee system based on the
recommendations under paragraph (1)(B).
SEC. 3. CABIN TRANSFER FEES.
(a) In General.--The Secretary shall establish a fee in the amount
of $1,200 for the issuance of a new recreational residence permit due
to a change of ownership of the recreational residence.
(b) Adjustments.--The Secretary shall annually increase or decrease
the transfer fee established under subsection (a) to reflect changes in
the Implicit Price Deflator for the Gross Domestic Product published by
the Bureau of Economic Analysis of the Department of Commerce, applied
on a 5-year rolling average.
SEC. 4. EFFECT.
(a) In General.--Nothing in this Act limits or restricts any right,
title, or interest of the United States in or to any land or resource
in the National Forest System.
(b) Alaska.--The Secretary shall not establish or impose a fee or
condition under this Act for permits in the State of Alaska that is
inconsistent with section 1303(d) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3193(d)).
SEC. 5. RETENTION OF FEES.
(a) In General.--Beginning on October 1, 2023, the Secretary may
retain, and expend, for the purposes described in subsection (b), any
fees collected under this Act without further appropriation.
(b) Use.--Amounts made available under subsection (a) shall be used
to administer the recreational residence program and other recreation
programs carried out on National Forest System land.
SEC. 6. REPEAL OF CABIN USER FEES FAIRNESS ACT OF 2000.
Effective on the date of the assessment of annual permit fees in
accordance with section 2(e) (as certified to Congress by the
Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et
seq.) is repealed.
Amend the title so as to read: ``A bill to modify the
Forest Service recreation residence program to implement a
simple, equitable, and predictable procedure for determining
cabin user fees, and for other purposes.''.
Calendar No. 397
113th CONGRESS
2d Session
S. 1341
[Report No. 113-171]
_______________________________________________________________________
A BILL
To modify the Forest Service Recreation Residence Program as the
program applies to units of the National Forest System derived from the
public domain by implementing a simple, equitable, and predictable
procedure for determining cabin user fees, and for other purposes.
_______________________________________________________________________
May 22, 2014
Reported with an amendment and an amendment to the title