Cabin Fee Act of 2014 - (Sec. 2) Establishes a new process for the Secretary of Agriculture (USDA) to set annual fees for the issuance of special use permits for the use and occupancy of National Forest System land for recreational residences commonly referred to as cabins.
Replaces the current process under which annual user fees are adjusted annually based on changes in land values, which are subject to reappraisals and appeals, with a new tiered system in which fees based on the current appraisal cycle are capped at a specified amount and adjusted annually for inflation only.
Requires the Secretary to: (1) complete the current appraisal cycle, including receipt of timely second appraisals, for such residences within one year after enactment of this Act; and (2) assess an interim annual fee for them according to a specified formula.
Specifies the annual fee for each of 11 fee tiers that are adjusted annually for inflation.
Requires the Secretary to report after 10 years on these annual fees in order to ensure that they reflect fair value for the use of System land, and on any recommendations to modify the fee system.
(Sec. 3) Directs the Secretary to establish a transfer fee of $1,200 for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence.
(Sec. 5) Permits the Secretary, beginning 10 years after enactment of this Act, to: (1) retain and expend any fees collected under this Act, without further appropriation; and (2) use them to administer the recreational residence program and other recreation programs carried out on System land.
(Sec. 6) Repeals the Cabin User Fee Fairness Act of 2000, effective on the date the annual permit fees are first assessed under this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5476 Introduced in House (IH)]
113th CONGRESS
2d Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2014
Mr. Hastings of Washington introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
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 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 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) $5,600.
(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 Fees 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 (16 U.S.C.
6901 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................ $600
Tier 2............................ 16 percent............... $1,100
Tier 3............................ 26 percent.............. $1,600
Tier 4............................ 22 percent.............. $2,100
Tier 5............................ 10 percent.............. $2,600
Tier 6............................ 5 percent................ $3,100
Tier 7............................ 5 percent............... $3,600
Tier 8............................ 3 percent............... $4,100
Tier 9............................ 3 percent............... $4,600
Tier 10........................... 3 percent............... $5,100
Tier 11........................... 1 percent................ $5,600.
------------------------------------------------------------------------
(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 FEES 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 Fees Fairness Act of 2000 (16 U.S.C. 6201 et
seq.) is repealed.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-707.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-707.
Placed on the Union Calendar, Calendar No. 538.
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