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Union Calendar No. 437 

112TH CONGRESS 

2D SESSION H. R. 3397 

[Report No. 112–602] 

To modify the Forest Service Recreation Residence Program by implementing 

a simple, equitable, and predictable procedure for determining cabin 

user fees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 10, 2011 

Mr. HASTINGS of Washington (for himself and Mr. SIMPSON) introduced the 

following bill; which was referred to the Committee on Natural Resources 

JULY 17, 2012 

Additional sponsors: Mr. REHBERG and Mr. HUNTER

JULY 17, 2012 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To modify the Forest Service Recreation Residence Program 

by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Cabin Fee Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Cabin user fees. 

Sec. 4. Cabin transfer fees. 

Sec. 5. Right of appeal and judicial review. 

Sec. 6. Consistency with other law and rights. 

Sec. 7. Regulations. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) AUTHORIZATION; AUTHORIZE.—The terms 

11 ‘‘authorization’’ and ‘‘authorize’’ mean the issuance 

12 of a special use permit for the use and occupancy of 

13 National Forest System land by a cabin owner under 

14 the Recreation Residence Program. 

15 (2) CABIN.—The term ‘‘cabin’’ means a pri16 vately built and owned recreation residence and re17 lated improvements on National Forest System land 

18 that— 

19 (A) is authorized for private use and occu20 pancy; and 

21 (B) may be sold or transferred between 

22 private parties. 


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1 (3) CABIN OWNER.—The term ‘‘cabin owner’’ 

2 means— 

3 (A) a person authorized by the Secretary 

4 to use and to occupy a cabin; and 

5 (B) a trust, heir, or assign of a person de6 scribed in subparagraph (A). 

7 (4) CABIN TRANSFER FEE.—The term ‘‘cabin 

8 transfer fee’’ means a fee that is paid to the United 

9 States on the transfer of a cabin between private 

10 parties for money or other consideration that results 

11 in the issuance of a new permit. 

12 (5) CABIN USER FEE.—The term ‘‘cabin user 

13 fee’’ means an annual fee paid to the United States 

14 by a cabin owner in accordance with an authoriza15 tion for the use and occupancy of a cabin. 

16 (6) CURRENT APPRAISAL CYCLE.—The term 

17 ‘‘current appraisal cycle’’ means the completion of 

18 Forest Service review and acceptance of— 

19 (A) initial typical lot appraisals; or 

20 (B) second appraisals, if ordered by cabin 

21 owners and approved by the Forest Service. 

22 (7) CURRENT CABIN USER FEE.—The term 

23 ‘‘current cabin user fee’’ means the most recent 

24 cabin user fee, as adjusted under section 3(c). 


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1 (8) LOT.—The term ‘‘lot’’ means a parcel of 

2 National Forest System land on which a person is 

3 authorized to build, use, occupy, and maintain a 

4 cabin. 

5 (9) NATIONAL FOREST SYSTEM.—The term 

6 ‘‘National Forest System’’ has the meaning given 

7 that term in section 11 of the Forest and Rangeland 

8 Renewable Resources Planning Act of 1974 (16 

9 U.S.C. 1609). 

10 (10) RECREATION RESIDENCE PROGRAM.—The 

11 term ‘‘Recreation Residence Program’’ means the 

12 Recreation Residence Program established under the 

13 last paragraph under the heading ‘‘FOREST SERV14 ICE’’ in the Act of March 4, 1915 (16 U.S.C. 497). 

15 (11) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of Agriculture, acting through 

17 the Chief of the Forest Service. 

18 (12) TYPICAL LOT.—The term ‘‘typical lot’’ 

19 means a cabin lot, or group of cabin lots, in a tract 

20 that is selected for use in an appraisal as being rep21 resentative of, and that has similar value character22 istics as, other lots or groups of lots within the tract. 


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1 SEC. 3. CABIN USER FEES. 

2 (a) PAYMENT OF CABIN USER FEES.—Cabin owners 

3 shall pay an annual cabin user fee established by the Sec4 retary in accordance with this section. 

5 (b) INITIAL CABIN USER FEES.— 

6 (1) ESTABLISHMENT.—The Secretary shall es7 tablish initial cabin user fees in accordance with this 

8 subsection. 

9 (2) ASSIGNMENT TO VALUE TIERS.—On com10 pletion of the current appraisal cycle, as required by 

11 paragraph (4), the Secretary shall assign each per12 mitted lot on National Forest System land to 1 of 

13 9 tiers based on the following considerations: 

14 (A) Before assigning the lots to tiers, all 

15 appraised lot values shall be adjusted, or nor16 malized, for price changes occurring after the 

17 appraisal, in accordance with the National As18 sociation of Homebuilders/Wells Fargo Housing 

19 Opportunity Index. 

20 (B) Second appraisal values that meet 

21 Forest Service standards for approval shall su22 persede initial lot appraisal values for the nor23 malization and ranking process under subpara24 graph (A). 

25 (C) The tiers shall be established, on a na26 tional basis, according to relative lot value, with 


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1 lots having the lowest adjusted appraised value 

2 assigned to tier 1 and lots having the highest 

3 adjusted appraised value assigned to tier 9. 

4 (D) The number of lots (by percentage) as5 signed to each tier is contained in the table set 

6 forth in paragraph (3). 

7 (E) Data from incomplete appraisals may 

8 not be used to establish the fee tiers under this 

9 subsection. 

10 (F) Until assigned to a tier under this 

11 paragraph, the Secretary shall assess (and may 

12 adjust annually subject to clause (ii)) an in13 terim fee for permitted cabin lots (including lots 

14 with incomplete appraisals) in an amount equal 

15 to the lesser of— 

16 (i) $4,500; or 

17 (ii) the amount of the current cabin 

18 user fee, as determined under the Cabin 

19 User Fee Fairness Act of 2000 (16 U.S.C. 

20 6201 et seq.), which amount the Secretary 

21 may increase annually by not more than 

22 25 percent, except that the increased fee 

23 shall not exceed the otherwise scheduled 

24 fee determined under the Cabin User Fee 

25 Fairness Act of 2000. 


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1 (3) AMOUNT OF INITIAL CABIN USER FEES.— 

2 The initial cabin user fees, based on the assignments 

3 under paragraph (2), are as follows: 

Fee Tier Approximate Percent of 

Permits Nationally Fee Amount 

Tier 1 8 percent $500 

Tier 2 16 percent $1,000 

Tier 3 20 percent $1,500 

Tier 4 20 percent $2,000 

Tier 5 12 percent $2,500 

Tier 6 8 percent $3,000 

Tier 7 6 percent $3,500 

Tier 8 6 percent $4,000 

Tier 9 4 percent $4,500 

4 (4) DEADLINE FOR COMPLETION OF CURRENT

5 APPRAISAL CYCLE.—Not later than 3 years after the 

6 date of enactment of this Act, the Secretary shall 

7 complete the current appraisal cycle. 

8 (5) EFFECTIVE DATE.—The initial cabin user 

9 fees required by this subsection shall take effect be10 ginning with the first calendar year beginning after 

11 the completion of the current appraisal cycle. 

12 (c) ANNUAL ADJUSTMENTS OF CABIN USER FEE.— 

13 Once initial cabin user fees have been assessed, based on 

14 the tier assignments under subsection (b)(2), the Sec15 retary shall use changes in the Implicit Price Deflator for 


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1 the Gross Domestic Product published by the Bureau of 

2 Economic Analysis of the Department of Commerce, ap3 plied on a 5-year rolling average, to assess an annual ad4 justment to cabin user fees. 

5 (d) EFFECT OF DESTRUCTION, SUBSTANTIAL DAM6 AGE, OR LOSS OF ACCESS.— 

7 (1) IN GENERAL.—The Secretary shall reduce 

8 the cabin user fee to $100 per year for a cabin if— 

9 (A) the cabin is destroyed or suffers sub10 stantial damage in an amount that is greater 

11 than 50 percent of replacement cost of the 

12 cabin; or 

13 (B) access to the cabin is significantly im14 paired, whether by catastrophic events, natural 

15 causes, or governmental actions, which results 

16 in the cabin being rendered unsafe or unable to 

17 be occupied. 

18 (2) TERM OF REDUCED FEE.—The reduced fee 

19 under paragraph (1) shall be in effect until the later 

20 of— 

21 (A) the last day of the year in which the 

22 destruction or impairment occurs; or 

23 (B) the date on which the cabin may be 

24 lawfully reoccupied and normal access has been 

25 restored. 


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1 SEC. 4. CABIN TRANSFER FEES. 

2 (a) PAYMENT OF CABIN TRANSFER FEES.—In con3 junction with the transfer of ownership of any cabin and 

4 the issuance of a new permit, the cabin owner transferring 

5 the cabin shall file with the Secretary a sworn statement 

6 declaring the amount of money or other value received, 

7 if any, for the transfer of the cabin. 

8 (b) AMOUNT.—As a condition of the issuance by the 

9 Secretary of a new authorization for the use and occu10 pancy of the cabin, the cabin owner transferring the cabin 

11 shall pay to the Secretary a cabin transfer fee in an 

12 amount determined as follows: 

Consideration Received by Transfer Transfer Fee Amount 

$0 to $250,000 $1,000 

$250,000.01 to $500,000.00 $1,000 plus 5 percent of consideration in excess of $250,000 up to 

$500,000 

$500,000.01 and above $1,000 plus 5 percent of consideration in excess of $250,000 up to 

$500,000 plus 10 percent of consideration in excess of $500,000. 

13 (c) INDEX.—The Secretary shall use changes in the 

14 Implicit Price Deflator for the Gross Domestic Product 

15 published by the Bureau of Economic Analysis of the De16 partment of Commerce, applied on a 5-year rolling aver17 age, to determine and apply an annual adjustment to the 

18 cabin transfer fee threshold amounts set forth in the table 

19 contained in subsection (b). 


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1 SEC. 5. RIGHT OF APPEAL AND JUDICIAL REVIEW. 

2 (a) RIGHT OF APPEAL.— 

3 (1) IN GENERAL.—Notwithstanding any action 

4 of a cabin owner to exercise rights in accordance 

5 with section 6, the Secretary shall by regulation 

6 grant to the cabin owner the right to an administra7 tive appeal of the determination of a new cabin user 

8 fee, fee tier, cabin transfer fee, or whether or not to 

9 reduce a cabin user fee under section 3(d). 

10 (2) APPLICABLE LAW.—An appeal under para11 graph (1) shall be pursuant to the appeal process 

12 provided under subpart C of part 251 of title 36, 

13 Code of Federal Regulations (or a successor regula14 tion). 

15 (b) JUDICIAL REVIEW.— 

16 (1) IN GENERAL.—A cabin owner that contests 

17 a final decision of the Secretary under this Act may 

18 bring a civil action in United States district court. 

19 (2) VENUE.—The venue for an action brought 

20 before the United States district court under this 

21 subsection shall be in the Federal judicial district in 

22 which the cabin is located or the permit holder re23 sides. 

24 (3) EFFECT ON MEDIATION.—Nothing in this 

25 Act precludes a person from seeking mediation for 

26 an action under this Act. 


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1 SEC. 6. EFFECT. 

2 (a) IN GENERAL.—Nothing in this Act limits or re3 stricts any right, title, or interest of the United States in 

4 or to any land or resource. 

5 (b) SPECIAL RULE FOR ALASKA.—In determining a 

6 cabin user fee in the State of Alaska, the Secretary shall 

7 not establish or impose a cabin user fee or a condition 

8 affecting a cabin user fee that is inconsistent with 1303(d) 

9 of the Alaska National Interest Lands Conservation Act 

10 (16 U.S.C. 3193(d)). 

11 SEC. 7. REGULATIONS. 

12 Not later than December 31, 2012, the Secretary 

13 shall issue regulations to carry out this Act. 


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Union Calendar No. 437 

112TH CONGRESS 

2D SESSION H. R. 3397 

[Report No. 112–602] 

A BILL 

To modify the Forest Service Recreation Residence 

user fees, and for other purposes. and predictable procedure for determining cabin Program by implementing a simple, equitable, 

JULY 17, 2012 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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