Sets forth provisions regarding: (1) appraisal requirements and right of second appraisals; (2) cabin user fees and annual adjustments; and (3) right of arbitration and judicial review. Authorizes appropriations for the arbitration program.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3327 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3327
To provide for the return of fair and reasonable fees to the Federal
Government for the use and occupancy of National Forest System land
under the recreation residence program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 10, 1999
Mr. Nethercutt introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To provide for the return of fair and reasonable fees to the Federal
Government for the use and occupancy of National Forest System land
under the recreation residence program, 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 User Fee Fairness Act of
1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the recreation residence program is--
(A) a valid use of forest land and 1 of the
multiple uses of the National Forest System; and
(B) an important component of the recreation
program of the Forest Service;
(2) 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;
(3) tract associations, cabin owners, their extended
families, guests, and others that regularly use and enjoy
forest cabin tracts have contributed significantly toward
efficient management of the program and the stewardship of
forest land;
(4) cabin user fees have traditionally generated income to
the Federal Government in amounts significantly greater than
the Federal cost of administering the program;
(5) the rights and privileges granted to owners of cabins
authorized under the program have steadily diminished while
regulatory restrictions and fees charged under the program have
steadily increased; and
(6) the current fee determination procedure has been shown
to incorrectly reflect market value and value of use.
SEC. 3. PURPOSES.
The purposes of this Act 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 at a reasonable cost; and
(2) to develop and implement a more efficient, cost-
effective procedure for determining cabin user fees that better
reflects the probable value of that use by the cabin owner,
taking into consideration the limitations of the authorization
and other relevant market factors.
SEC. 4. DEFINITIONS.
In this Act:
(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 initial fee for an authorization that results from
the appraisal of a lot in accordance with sections 6 and 7.
(4) Cabin.--The term ``cabin'' means a privately built and
owned structure authorized for use and occupancy on National
Forest System land.
(5) 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 Act.
(6) 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.
(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) Center.--The term ``Center'' means the Federal Center
for Dispute Resolution of the American Arbitration Association.
(9) 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 8.
(10) Lot.--The term ``lot'' means a parcel of land of the
National Forest System on which a cabin owner is authorized to
build, use, occupy, and maintain a cabin and related
improvements.
(11) Program.--The term ``program'' means the recreation
residence program established under the Act of March 4, 1915
(38 Stat. 1101, chapter 144).
(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.
SEC. 5. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM.
(a) In General.--The Secretary shall ensure, to the maximum extent
practicable, that the basis and procedure for calculating cabin user
fees results in a reasonable and fair fee for an authorization that
reflects the probable value of the use and occupancy of a lot to the
cabin owner in accordance with subsection (b).
(b) Determination of Value.--The value of the use and occupancy of
a lot referred to in subsection (a)--
(1) shall not be equivalent to a rental fee of the lot; and
(2) shall reflect regional economic influences, as
determined by an appraisal of the value of use of the National
Forest in which the lot is located.
SEC. 6. APPRAISALS.
(a) Requirements for Conducting Appraisals.--In implementing and
conducting an appraisal process for determining cabin user fees, the
Secretary shall--
(1) establish an appraisal process to determine the value
of the fee simple estate of a typical lot or lots within a
tract, with adjustments to reflect limitations arising from the
authorization and special use permit;
(2) enter into a contract with an appropriate professional
organization for the development of specific appraisal
guidelines in accordance with subsection (b), subject to public
comment and congressional review;
(3) 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;
(4) provide the appraiser with--
(A) appraisal guidelines developed in accordance
with this Act; and
(B) a copy of the special use permit associated
with the typical lot to be appraised, with an
instruction to the appraiser to consider any
prohibitions or limitations contained in the
authorization;
(5) notwithstanding any other provision of law, require the
appraiser to coordinate the assignment closely with affected
parties by seeking advice, cooperation, and information from
cabin owners and tract associations;
(6) require that the appraiser perform the appraisal in
compliance with--
(A) the most current edition of the Uniform
Standards of Professional Appraisal Practice on the
date of the appraisal;
(B) the most current edition of the Uniform
Appraisal Standards for Federal Land Acquisitions on
the date of the appraisal; and
(C) the specific appraisal guidelines developed in
accordance with this Act;
(7) require that the appraisal report be a self-contained
report (as defined by the Uniform Standards of Professional
Appraisal Practice);
(8) require that the appraisal report 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 paragraph (a)(2), 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 paragraph, the appraiser shall appraise a typical
lot or lots within a tract that are selected by the
cabin owners and the agency in a manner consistent with
the policy of the program.
(B) Appraisal.--In appraising a typical lot or lots
within a tract, the appraiser shall--
(i) consult with affected cabin owners; and
(ii) appraise the typical lot or lots
selected for purposes of comparison with other
lots or groups of lots in the tract having
similar value characteristics (rather than
appraising each individual lot).
(C) Estimate of market value of typical lot.--
(i) In general.--The appraiser shall
estimate the market value of a typical lot as a
parcel of undeveloped, raw land that has been
made available for use and occupancy by the
cabin owner on a seasonal or periodic basis.
(ii) No equivalence to legally subdivided
lot.--The appraiser shall not appraise the
typical lot as being equivalent to a legally
subdivided lot.
(2) Requirement for analysis of comparable sales.--The
appraisal shall be based on a prioritized analysis of 1 or more
categories of sales of comparable land as follows:
(A) Larger parcels.--Sales of larger, privately-
owned, and preferably unimproved parcels of rural land,
generally similar in size to the tract being examined,
shall be given the most weight in the analysis.
(B) Smaller parcels.--Sales of smaller, privately-
owned, and preferably unimproved parcels of rural land
that are not part of an established subdivision shall
be given secondary weight in the analysis.
(C) Mapped and recorded parcels.--Sales of
privately-owned parcels in a mapped and recorded rural
subdivision shall be given the least weight in the
analysis.
(3) Exception for certain sales of land.--In conducting an
analysis under paragraph (2), the appraiser shall select sales
of comparable land that are outside the area of influence of--
(A) land affected by urban growth boundaries;
(B) land for which a government or institution
holds a conservation or recreational easement; or
(C) land designated for conservation or
recreational purposes by Congress, a State, or a
political subdivision of a State.
(4) Adjustments for typical value influences.--
(A) In general.--The appraiser shall consider and
adjust 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; or
(III) 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.
(5) Adjustments for restrictions on use.--In evaluating the
sale of a comparable fee simple parcel, an adjustment to the
sale price of the parcel shall be made to reflect the influence
of prohibitions or limitations on use or benefits imposed by
the agency that affect the value of the subject cabin lot,
including--
(A) any prohibition against year-round use and
occupancy or any other restriction that limits or
reduces the type or amount of cabin use and occupancy;
(B) any limitation on the right of the cabin owner
to sell, lease, or rent the cabin without restrictions
imposed by the Secretary;
(C) any limitation on, or prohibition against,
improvements to the lot, such as remodeling or
enlargement of the cabin, construction of additional
structures, landscaping, signs, fencing, clothes drying
lines, mail boxes, swimming pools, or other
recreational facilities; and
(D) any limitation on, or prohibition against, use
of the lot for placement of amenities such as
playground equipment, domestic livestock, recreational
vehicles, or boats.
(6) Adjustments to sales of comparable parcels.--
(A) In general.--
(i) Utilities provided by agency.--Only
utilities (such as water, sewer, electricity,
or telephone) or access roads or trails that
are clearly established as of the date of the
appraisal as having been provided and
maintained by the agency at a lot shall be
included in the appraisal.
(ii) Features provided by cabin owner.--All
cabin facilities, decks, docks, patios, and
other nonnatural features (including utilities
or access)--
(I) shall be presumed to have been
provided by, or funded by, the cabin
owner; and
(II) shall be excluded from the
appraisal by adjusting any comparable
sales with the nonnatural features
referred to in subparagraph (B)(ii).
(iii) Withdrawal of utility or access by
agency.--If, during the term of an
authorization, the agency makes a substantial
and materially adverse change in the provision
or maintenance of any utility or access, the
cabin owner shall have the right to request and
obtain a new determination of the base cabin
user fee at the expense of the agency.
(B) Adjustment for improvements.--
(i) In general.--The appraiser shall
consider and adjust the price of each sale of a
comparable parcel for all nonnatural features
referred to in subparagraph (A)(ii) that--
(I) are present at, or add value
to, the parcel; but
(II) are not present at the lot
being appraised or not included in the
appraisal under subparagraph (A).
(ii) Adjustments.--An adjustment to the
price of a parcel sold under this subparagraph
shall include allowances for matters such as--
(I) depreciated current replacement
costs of installing nonnatural features
referred to in clause (i) at the
typical lot being appraised, including
an allowance for entrepreneurial profit
and overhead;
(II) likely construction
difficulties for nonnatural features
referred to in clause (i) at the lot
being appraised; and
(III) the deduction in price that
would be taken in the market as a risk
allowance if--
(aa) a parcel does not have
adequate access or adequate
sewer or water systems; and
(bb) there is a risk of
failure or material cost
overruns in attempting to
provide the systems referred to
in item (aa).
(C) 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. 7. 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 value of the lot, as
determined in accordance with section 6, reflecting an adjustment to
the market rate of return based solely on--
(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 Residences.--The base cabin user fee for a
lot on which a caretaker residence 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--
(i) \1/10\ of the new base cabin user fee; by
(ii) 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, as calculated in
accordance with subsection (d), 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, due
to an act of God or a catastrophic event, a lot cannot be safely
occupied and that 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. 8. 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 Act, 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 factors described in section 6(b)(3), 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 Act, the Secretary may select and use an
index other than the index 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 Energy and Natural
Resources of the Senate.
(d) Limitation.--In calculating an annual adjustment to the base
cabin user fee, 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. 9. PAYMENT OF CABIN USER FEES.
(a) Due Date for Payment of Fees.--A cabin user fee shall be paid
or prepaid annually by the cabin owner on a monthly, quarterly, annual,
or other schedule, as determined by the Secretary.
(b) Payment of Equal or Lesser Fee.--If, in accordance with section
7, the Secretary determines that the amount of a new base cabin user
fee is equal to or less than 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 7, the
Secretary determines that the amount of a new base cabin user fee is
greater than 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 most recently paid cabin user fee;
or
(2) phase in the increase over the current cabin user fee
in approximately equal increments over 3 years if the increase
in the amount of the new base cabin user fee is greater than
100 percent of the most recently paid base cabin user fee.
(d) Requirement for Payment During Arbitration, Appeal, or Judicial
Review.--If arbitration, an appeal, or judicial review concerning a
cabin user fee is brought in accordance with section 11 or 12, the
Secretary shall--
(1) suspend annual payment by the cabin owner of any
increase in the cabin user fee, pending completion of the
arbitration, appeal, or judicial review; and
(2) make any adjustments, as necessary, that result from
the findings of the arbitration, appeal, or judicial review by
providing to the cabin owner--
(A)(i) a credit toward future cabin user fee
payments; or
(ii) a refund for any overpayment of the cabin user
fee; and
(B) a supplemental billing for any additional
amount of the cabin user fee that is due.
SEC. 10. 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, shall 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) consider all relevant factors in accordance with this
Act (including guidelines developed under section 6(a)(2)); and
(2) 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 a 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 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. 11. RIGHT OF ARBITRATION.
(a) In General.--
(1) Request for arbitration.--Not later than 30 days after
the receipt of notice of a new base cabin user fee under
section 10(d)(4), the tract association may request arbitration
if a cabin owner in the tract and the Secretary are unable to
reach agreement on the amount of the base cabin user fee
determined in accordance with section 10.
(2) Identification of Third-Party Neutrals.--If arbitration
is requested under paragraph (1), the Secretary shall promptly
request the Center to develop a list of the names of not fewer
than 20 appraisers and 10 attorneys who possess appropriate
training and experience in valuations of land and interest in
land to serve as qualified third-party neutrals.
(b) Arbitration.--Not later than 30 days after the receipt of a
request from the tract association for arbitration, the Secretary
shall--
(1) notify the Center of the request; and
(2) request the Center to provide to the Secretary and the
tract association, within 15 days--
(A) instructions related to arbitration procedures;
and
(B) the list of qualified third-party neutrals
described in subsection (a)(2).
(c) Arbitration Panel.--
(1) In general.--Not later than 15 days after the receipt
of the list described in subsection (a)(2), the Secretary and
the tract association may each recommend the names of 2
appraisers and 1 attorney from the list for consideration in
the selection of an arbitration panel by the Center.
(2) Availability of list.--The Secretary and the tract
association shall disclose to each other the names of third-
party neutrals recommended under paragraph (1).
(3) Option to eliminate recommended neutrals.--The
Secretary and the tract association may each peremptorily
eliminate from consideration for the arbitration panel 1 third-
party neutral recommended under paragraph (1).
(4) Selection by center.--From the third-party neutrals
recommended to the Center under paragraph (1) that are not
eliminated from consideration under paragraph (3), the Center
shall select and retain an arbitration panel consisting of 2
appraisers and 1 attorney.
(5) Notification of establishment.--Not later than 5 days
after the selection of members of the arbitration panel, the
Center shall notify the Secretary and the tract association of
the establishment of the arbitration panel.
(d) Arbitration Procedure.--
(1) Submission of information.--Not later than 30 days
after notification by the Center of the establishment of the
arbitration panel under subsection (c)(3), each party shall
submit to the arbitration panel--
(A) the appraisal report of each party, including
comments, if any, of material differences of fact or
opinion related to the initial appraisal or the second
appraisal;
(B) a copy of the authorization associated with any
typical lot that was subject to appraisal;
(C) a copy of this Act; and
(D) a copy of appraisal guidelines developed in
accordance with section 6(a)(2).
(2) Hearing or field inspection.--On agreement of both
parties, the arbitration may be conducted without a hearing or
a field inspection.
(3) Schedule for decision.--
(A) In general.--Except as provided in subparagraph
(B), not later than 60 days after the receipt of all
materials described in paragraph (1), the arbitration
panel shall prepare and forward to the Secretary a
written advisory decision on the appropriate amount of
the base cabin user fee.
(B) Extension.--If the arbitration panel or the
parties to the arbitration determine that a hearing or
field inspection is necessary, the date for submission
of the advisory decision under subparagraph (A) shall
be extended for--
(i) not more than 30 days; or
(ii) in the case of difficult or hazardous
road or weather conditions, such an additional
period of time as is necessary to complete the
inspection.
(4) Determination of recommended base cabin user fee.--The
base cabin user fee recommended by the arbitration panel shall
fall within the range of values, if any, between the initial
and second appraisals submitted to the arbitration panel by the
parties.
(e) Adoption of Recommended Base Cabin User Fee.--
(1) In general.--Not later than 45 days after the receipt
of the recommendation by the arbitration panel, the Secretary
shall make a determination to adopt or reject the recommended
base cabin user fee.
(2) Notice to tract association.--Not later than 15 days
after making the determination under paragraph (1), the
Secretary shall provide notice of the determination to the
tract association.
(f) No Admission of Fact or Recommendation.--Neither the fact that
arbitration in accordance with this section has occurred, nor the
recommendation of the arbitration panel, shall be admissible in any
court or administrative proceeding.
(g) Costs of Arbitration.--
(1) Fees.--
(A) In general.--In addition to amounts collected
under paragraph (2), the Center may charge a reasonable
fee to each party to an arbitration under this Act for
the provision of arbitration services.
(B) Transfer.--Fees collected under this paragraph
shall be transferred to the Secretary for use in the
administration of the program without further Act of
appropriation.
(2) Cost sharing.--The agency and the tract association
shall each pay 50 percent of the costs incurred by the Center
in establishing and administering an arbitration in accordance
with this section, unless the arbitration panel recommends that
either the agency or the tract association bear the entire cost
of establishing and administering the arbitration.
(h) Funding.--
(1) Authorization of appropriations for initial costs.--
There is authorized to be appropriated to the agency for the
initial costs of establishing and administering the program not
to exceed $15,000.
(2) Arbitration fees.--Any amounts exceeding the amount
authorized by paragraph (1) that are required for the
administration of the program shall be derived from arbitration
fees charged under subsection (g)(1).
SEC. 12. RIGHT OF APPEAL AND JUDICIAL REVIEW.
(a) Rights of Appeal.--Notwithstanding any action of a cabin owner
to exercise rights in accordance with section 10 or 11, 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 Act may commence a civil
action in United States district court.
SEC. 13. CONSISTENCY WITH OTHER LAW AND RIGHTS.
(a) Consistency With Rights of the United States.--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 fee or a condition affecting a cabin fee that is inconsistent
with the requirements under section 1303(d) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3193(d)).
SEC. 14. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall promulgate regulations to implement this Act.
SEC. 15. TRANSITION PROVISIONS.
(a) In General.--On enactment of this Act, the Secretary shall--
(1) suspend appraisal activities related to existing
authorizations until new rules, policies, and procedures are
promulgated in accordance with this Act; and
(2) temporarily charge an annual cabin user fee for each
lot that is--
(A) an amount equal to the cabin user fee for the
lot that was in effect on September 30, 1995, adjusted
by application of the Implicit Price Deflator-Gross
National Product Index, if no appraisal of the lot on
which the cabin is located was completed after that
date and before the date of enactment of this Act;
(B) an amount that is not more than 100 percent
greater than the cabin user fee in effect on September
30, 1995, adjusted by application of the Implicit Price
Deflator-Gross National Product Index prior to
reappraisal, if an appraisal conducted after that date
but before the date of enactment of this Act resulted
in the increase; or
(C) the cabin user fee in effect on the date of
enactment of this Act, if an appraisal conducted after
September 30, 1995, including adjustments resulting
from application of the Implicit Price Deflator-Gross
National Product Index before the date of enactment of
this Act, resulted a base cabin user fee that is not
greater than the fee in effect before the appraisal.
(b) Conduct of Appraisals Under New Law.--On publication of new
rules, policies, and procedures under this Act, the Secretary shall
carry out any appraisals of lots and determinations of fees that were
not completed between September 30, 1995, and the date of enactment of
this Act.
(c) Request for New Appraisal Under New Law.--Not later than 2
years after the promulgation of final regulations and policies and the
development of appraisal guidelines in accordance with section 6(a)(2),
a cabin owner whose base cabin user fee was adjusted subject to an
appraisal completed after September 30, 1995, but before the date of
enactment of this Act, may request that the Secretary conduct a new
appraisal and determine a new fee in accordance with this Act.
(d) Conduct of New Appraisal.--On receiving a request under
subsection (c), the Secretary shall conduct, and bear all costs
incurred in conducting, a new appraisal and fee determination in
accordance with this Act.
(e) 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
enactment of this Act, the Secretary may consider the base cabin user
fee resulting from the appraisal conducted between September 30, 1995,
and the date of enactment of this Act to be the base cabin user fee
that complies with the transition provisions of this Act.
(f) Transitional Cabin User Fee Obligation.--
(1) In general.--In determining the liability of the cabin
owner for payment of fees for the period of time between the
date of enactment of this Act and the determination of a base
cabin user fee in accordance with this Act, the Secretary
shall--
(A) require the cabin owner to remit any balance
owed for any underpayment of an annual cabin user fee;
or
(B) if an overpayment of a cabin user fee has
occurred, credit the cabin owner, or an heir or assign
of the cabin owner, toward future cabin user fee
obligations.
(2) Billing.--The agency shall bill a cabin owner for
amounts determined to be owed under paragraph (1)(A) in
approximately equal increments over 3 years.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Sponsor introductory remarks on measure. (CR E2372)
Referred to the Subcommittee on Forests and Forest Health.
Referred to Department of Agriculture for comments.
Subcommittee Hearings Held.
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