I 

112TH CONGRESS 

2D SESSION H. R. 4019 

To increase employment and educational opportunities in, and improve the 

economic stability of, counties containing Federal forest land, while also 

reducing the cost of managing such land, by providing such counties 

a dependable source of revenue from such land, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2012 

Mr. HASTINGS of Washington introduced the following bill; which was referred 

to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To increase employment and educational opportunities in, 

and improve the economic stability of, counties containing Federal forest land, while also reducing the cost 

of managing such land, by providing such counties a 

dependable source of revenue from such land, and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Federal Forests County Revenue, Schools, and Jobs Act 

4 of 2012’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COUNTY, SCHOOLS, AND REVENUE TRUST FOR 

FEDERAL FOREST LAND 

Sec. 101. Definitions. 

Sec. 102. County, Schools, and Revenue Trust. 

Sec. 103. Opt out option. 

Sec. 104. Determination of annual revenue requirement and minimum sale 

level. 

Sec. 105. County, Schools, and Revenue Trust Projects. 

Sec. 106. Distribution of amounts from trust projects. 

Sec. 107. Payments to beneficiary counties from County, Schools, and Revenue 

Trust. 

Sec. 108. Initial payments pending implementation of trust projects. 

TITLE II—PAYMENT IN LIEU OF TAXES AMENDMENTS 

Sec. 201. Extension. 

Sec. 202. Inclusion in definition of payment law. 

Sec. 203. Congressional notification and publication of information. 

TITLE III—FOREST SERVICE RECREATION RESIDENCE PROGRAM 

Sec. 301. Definitions. 

Sec. 302. Cabin user fees. 

Sec. 303. Cabin transfer fees. 

Sec. 304. Right of appeal and judicial review. 

Sec. 305. Effect. 

Sec. 306. Regulations. 

7 TITLE I—COUNTY, SCHOOLS, 

8 AND REVENUE TRUST FOR 

9 FEDERAL FOREST LAND 

10 SEC. 101. DEFINITIONS. 

11 In this title: 


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1 (1) ANNUAL REVENUE REQUIREMENT.—The 

2 term ‘‘annual revenue requirement’’, with respect to 

3 a unit of the National Forest System, means the 

4 amount equal to 60 percent of the average annual 

5 gross receipts derived from the unit during the 20- 

6 year period beginning with fiscal year 1980, as de7 termined under section 104. 

8 (2) BENEFICIARY COUNTY.— 

9 (A) IN GENERAL.—The term ‘‘beneficiary 

10 county’’ means a political subdivision of a State 

11 that, on account of containing National Forest 

12 System land, was eligible to receive payments 

13 through the State under title I of the Secure 

14 Rural Schools and Community Self-Determina15 tion Act of 2000 (16 U.S.C. 7111 et seq.). 

16 (B) EXCLUSION OF CERTAIN COUNTIES.— 

17 The term does not include a political subdivi18 sion of a State that elects not to participate 

19 under section 103. A political subdivision that 

20 opts out of participation may still receive pay21 ments as provided in the sixth paragraph under 

22 the heading of ‘‘FOREST SERVICE’’ in the 

23 Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 

24 500) and section 13 of the Act of March 1, 

25 1911 (36 Stat. 963; 16 U.S.C. 500). 


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1 (3) CATASTROPHIC EVENT.—The term ‘‘cata2 strophic event’’ means an event that the Secretary 

3 determines will cause or has caused severe damage 

4 to National Forest System land, including severe 

5 fire, insect or disease infestations, windthrow, or 

6 other extreme weather or natural disaster. 

7 (4) CHARGEABLE VOLUME.— 

8 (A) IN GENERAL.—The term ‘‘chargeable 

9 volume’’ means only the volume of timber and 

10 other forest products that is counted toward 

11 meeting the allowable sale quantity of a unit of 

12 National Forest System land based on the re13 gionally applicable utilization and 

14 merchantability standards. 

15 (B) EXCLUSION.—The term does not in16 clude post and pole sales and personal use fire17 wood. 

18 (5) COMMUNITY WILDFIRE PROTECTION

19 PLAN.—The term ‘‘community wildfire protection 

20 plan’’ has the meaning given that term in section 

21 101 of the Healthy Forests Restoration Act of 2003 

22 (16 U.S.C. 6511). 

23 (6) COUNTY, SCHOOLS, AND REVENUE TRUST

24 PROJECT.—The terms ‘‘County, Schools, and Rev25 enue Trust Project’’ and ‘‘trust project’’ mean a 


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1 project designated by the Secretary as a project to 

2 generate amounts to help meet the annual revenue 

3 requirement. 

4 (7) FEDERAL LAND.—The term ‘‘Federal land’’ 

5 means— 

6 (A) land within the National Forest Sys7 tem; and 

8 (B) such portions of the revested Oregon 

9 and California Railroad and reconveyed Coos 

10 Bay Wagon Road grant land as are or may 

11 hereafter come under the jurisdiction of the De12 partment of the Interior, which have heretofore 

13 or may hereafter be classified as timberlands, 

14 and power-site land valuable for timber, that 

15 shall be managed, except as provided in the 

16 former section 3 of the Act of August 28, 1937 

17 (50 Stat. 875; 43 U.S.C. 1181c), for permanent 

18 forest production. 

19 (8) MINIMUM SALE LEVEL.—The term ‘‘min20 imum sale level’’, for a unit of the National Forest 

21 System for a fiscal year, means a quantity equal to 

22 50 percent of the average annual chargeable timber 

23 volume (as measured in net sawtimber volume) sold 

24 from the unit during the period beginning with fiscal 


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1 year 1980 through fiscal year 2000, as determined 

2 under section 104. 

3 (9) NATIONAL FOREST SYSTEM.—The term 

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

5 that term in section 11(a) of the Forest and Range6 land Renewable Resources Planning Act of 1974 (16 

7 U.S.C. 1609(a)), except that the term does not in8 clude the National Grasslands and land utilization 

9 projects designated as National Grasslands adminis10 tered pursuant to the Act of July 22, 1937 (7 

11 U.S.C. 1010–1012). 

12 (10) SECRETARY.—The term ‘‘Secretary’’ 

13 means the Secretary of Agriculture or the designee 

14 of the Secretary of Agriculture. 

15 (11) SECRETARY CONCERNED.—The term 

16 ‘‘Secretary concerned’’ means— 

17 (A) the Secretary of Agriculture or the 

18 designee of the Secretary of Agriculture with 

19 respect to National Forest System land; and 

20 (B) the Secretary of the Interior or the 

21 designee of the Secretary of the Interior with 

22 respect to the Federal land described in para23 graph (7)(B). 

24 (12) STATE.—The term ‘‘State’’ includes the 

25 Commonwealth of Puerto Rico. 


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1 (13) TRUST.—The terms ‘‘County, Schools, and 

2 Revenue Trust’’ and ‘‘Trust’’ mean the County, 

3 Schools, and Revenue Trust established in the 

4 Treasury under section 102. 

5 (14) TRUSTEE.—The term ‘‘Trustee’’ means 

6 the Secretary, acting as the trustee of the County, 

7 Schools, and Revenue Trust. 

8 SEC. 102. COUNTY, SCHOOLS, AND REVENUE TRUST. 

9 (a) ESTABLISHMENT OF TRUST.—There is estab10 lished in the Treasury a fund to be known as the ‘‘County, 

11 Schools, and Revenue Trust’’. 

12 (b) TRUST PURPOSE.—The purpose of the Trust is 

13 to provide a dependable source of revenue for each bene14 ficiary county containing National Forest System land. 

15 (c) FIDUCIARY RESPONSIBILITY.—The Trustee has 

16 a fiduciary responsibility to beneficiary counties to use 

17 County, Schools, and Revenue Trust Projects to generate 

18 amounts sufficient to satisfy the annual revenue require19 ment established for units of the National Forest System. 

20 (d) TRUST ASSETS.— 

21 (1) INITIAL DEPOSITS.—To allow the transition 

22 necessary to implement this title and title II, there 

23 is hereby appropriated to the Trust, out of amounts 

24 in the Treasury not otherwise appropriated, an 

25 amount equal to $875,000,000 to provide payments 


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1 under section 108 during fiscal years 2012 and 

2 2013. 

3 (2) PORTION OF RECEIPTS FROM TRUST

4 PROJECTS.—There shall be credited to the Trust all 

5 amounts required by section 106(a)(1) to be depos6 ited in the Trust from County, Schools, and Revenue 

7 Trust Projects. 

8 (e) LIMITATIONS.—The assets of the Trust shall 

9 not— 

10 (1) be subject to garnishment by, or otherwise 

11 paid to, a creditor of a beneficiary county; 

12 (2) be expended other than for the purposes au13 thorized in subsections (b) and (c) of section 107; or 

14 (3) be used in lieu of or to otherwise offset 

15 State funding sources for local schools, facilities, or 

16 educational purposes. 

17 (f) REPORTING.—Not later than 90 days after the 

18 end of each fiscal year (beginning with fiscal year 2014), 

19 the Secretary shall submit to Congress a report specifying 

20 the deposits into, and distributions from, the Trust during 

21 the preceding fiscal year. 

22 SEC. 103. OPT OUT OPTION. 

23 (a) ELECTION.—A political subdivision of a State 

24 that otherwise satisfies the definition of beneficiary county 

25 may elect not to participate under this title. 


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1 (b) TIME AND DURATION OF ELECTION.—An elec2 tion to opt out under subsection (a) is effective for a single 

3 fiscal year and must be submitted to the Secretary before 

4 the start of that fiscal year. 

5 (c) EFFECT OF ELECTION.— 

6 (1) NO TRUST PROJECTS.—No County, Schools, 

7 and Revenue Trust Project may be commenced on 

8 National Forest System land located in any political 

9 subdivision that has opted out under subsection (a). 

10 Other activities on the National Forest System land 

11 in the political subdivision may be carried out in ac12 cordance with other laws applicable to the National 

13 Forest System land. 

14 (2) COMPLETION OF EXISTING PROJECTS.— 

15 Trust projects underway before the effective date of 

16 the opt out may be completed. 

17 SEC. 104. DETERMINATION OF ANNUAL REVENUE REQUIRE18 MENT AND MINIMUM SALE LEVEL. 

19 Not later than 60 days after the date of the enact20 ment of this Act, the Secretary shall determine for each 

21 unit of the National Forest System— 

22 (1) the annual revenue requirement for the 

23 unit; and 

24 (2) the minimum sale level for the unit. 


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1 SEC. 105. COUNTY, SCHOOLS, AND REVENUE TRUST 

2 PROJECTS. 

3 (a) NEED FOR PROJECTS.—Effective for fiscal year 

4 2014 and each fiscal year thereafter, the Secretary shall 

5 carry out County, Schools, and Revenue Trust Projects 

6 in units of the National Forest System as necessary to 

7 achieve the annual revenue requirement for the unit. The 

8 Secretary is authorized and encouraged to commence the 

9 implementation of trust projects before fiscal year 2014 

10 to begin generating amounts for deposit in the Trust to 

11 supplement the funds made available under section 

12 102(d)(1). 

13 (b) DESIGNATION OF PROJECTS.— 

14 (1) IN GENERAL.—Except as otherwise pro15 vided in this subsection, the Secretary may designate 

16 any project involving National Forest System land 

17 (other than National Forest System land located in 

18 a political subdivision that opted out under section 

19 103) as a County, Schools, and Revenue Trust 

20 Project. 

21 (2) TYPES OF PROJECTS.—Trust projects may 

22 include a timber sale, issuance of a grazing permit, 

23 issuance of a special use permit involving land use, 

24 mineral development, power generation, or rec25 reational use, and projects implementing a commu26 nity wildfire protection plan. 


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1 (3) EXCLUSION OF CERTAIN LAND FROM TRUST

2 PROJECTS.—A trust project shall not be designated 

3 on National Forest System land— 

4 (A) that is a component of the National 

5 Wilderness Preservation System; 

6 (B) on which the removal of vegetation is 

7 specifically prohibited by Federal law; or 

8 (C) over which administrative jurisdiction 

9 was assumed by the Forest Service under sec10 tion 311. 

11 (4) MAXIMUM NUMBER OF DESIGNATED

12 PROJECTS.—The maximum number of trust projects 

13 designated by the Secretary for a unit of the Na14 tional Forest System for a fiscal year may not ex15 ceed the number of projects necessary to meet the 

16 annual revenue requirement for the unit. 

17 (5) STANDARDS FOR TRUST PROJECTS.—A 

18 County, Schools, and Revenue Trust Project shall be 

19 consistent with standards and guidelines contained 

20 in the land and resource management plan or land 

21 use plan for the unit of the National Forest System 

22 in which the project will occur, except that the Sec23 retary may modify such standards and guidelines for 

24 a specific trust project. 


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1 (c) SPECIAL AUTHORITY TO RESPOND TO CATA2 STROPHIC EVENTS.—Notwithstanding subsection (b)(4), 

3 the Secretary may designate any project conducted in re4 sponse to a catastrophic event as a County, Schools, and 

5 Revenue Trust Project. 

6 (d) PUBLIC REVIEW AND REQUIRED ENVIRON7 MENTAL ANALYSIS.— 

8 (1) PUBLIC NOTICE AND COMMENT.— 

9 (A) PROPOSED PROJECT.—The Secretary 

10 shall publish in the Federal Register notice of 

11 a proposed County, Schools, and Revenue Trust 

12 Project. The public may submit to the Sec13 retary specific written comments that relate to 

14 the trust project within 30 days after the date 

15 of the publication of the notice. 

16 (B) FINAL DECISION.—Not later than 120 

17 days after the date on which notice was pub18 lished under subparagraph (A) with regard to a 

19 proposed County, Schools, and Revenue Trust 

20 Project, and after taking into account any com21 ments received under such subparagraph, the 

22 Secretary shall designate the final trust project 

23 and publish in the Federal Register notice of 

24 the final designated trust project. 


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1 (C) OBJECTIONS.—Only persons who sub2 mitted comments regarding a proposed County, 

3 Schools, and Revenue Trust Project under sub4 paragraph (A) may submit to the Secretary 

5 specific written objections that relate to the 

6 final designated trust project. Any objections 

7 regarding the final trust project must be sub8 mitted within 30 days after the date of the pub9 lication of the notice under subparagraph (B). 

10 (2) ENVIRONMENTAL REPORT REQUIREMENT.— 

11 (A) IN GENERAL.—Except as provided 

12 under subparagraph (C), the Secretary shall 

13 prepare an environmental report for each final 

14 designated County, Schools, and Revenues 

15 Trust Project within 180 days after the date on 

16 which notice was published under paragraph 

17 (1)(A) with regard to the project. 

18 (B) ELEMENTS OF REPORT.—The environ19 mental report for a trust project shall include 

20 at a minimum the following: 

21 (i) To the extent the Secretary con22 siders appropriate and feasible, an evalua23 tion of the environmental impacts of the 

24 proposed project, including the effect, if 

25 any, on threatened or endangered species 


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1 listed under the Endangered Species Act of 

2 1973 (16 U.S.C. 1531 et seq.). 

3 (ii) Public comments received by the 

4 Secretary regarding the project under sub5 paragraph (A) of paragraph (1), objections 

6 to the project submitted under subpara7 graph (C) of such paragraph, and any re8 sponse to the comments and objections. 

9 (iii) Any modifications to the project 

10 to ensure that the annual revenue require11 ment is met. 

12 (C) SPECIAL DEADLINES FOR PROJECTS IN

13 RESPONSE TO CATASTROPHIC EVENT.—In the 

14 case of a trust project proposed in response to 

15 a catastrophic event, the Secretary shall com16 plete the environmental report required by this 

17 paragraph within 30 days after the date on 

18 which notice was published under paragraph 

19 (1)(A) with regard to the proposed project. The 

20 Secretary shall adjust the deadlines for public 

21 comments specified in subparagraphs (A) and 

22 (C) of paragraph (1) as necessary to achieve 

23 the expedited reporting requirement imposed by 

24 this subparagraph. 


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1 (D) COST TO PREPARE ENVIRONMENTAL

2 REPORT.—The costs to prepare the environ3 mental report for a trust project shall not ex4 ceed an amount equal to one-third of the esti5 mated value of the receipts to be generated by 

6 the trust project. 

7 (3) SOLE MEANS FOR ADMINISTRATIVE RE8 VIEW.—The procedures provided by this subsection 

9 are the sole means by which a person may seek ad10 ministrative review of a County, Schools, and Rev11 enue Trust Project. 

12 (4) NO JUDICIAL REVIEW.—There shall be no 

13 judicial review of the environmental report for a 

14 County, Schools, and Revenue Trust Project. 

15 (e) COMPLIANCE.—Compliance with this section shall 

16 be deemed to be compliance with the requirements of the 

17 Forest and Rangeland Renewable Resources Planning Act 

18 of 1974 (16 U.S.C. 1601 et seq.), the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.), sec20 tion 14 of the National Forest Management Act of 1976 

21 (16 U.S.C. 472a), the Endangered Species Act of 1973 

22 (16 U.S.C. 1531 et seq.), and the Multiple-Use Sustained23 Yield Act of 1960 (16 U.S.C. 528 et seq.). 


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1 SEC. 106. DISTRIBUTION OF AMOUNTS FROM TRUST 

2 PROJECTS. 

3 (a) PERCENTAGE DISTRIBUTION.—The amounts de4 rived from a County, Schools, and Revenue Trust Project 

5 shall be distributed as follows: 

6 (1) 65 percent shall be deposited in the County, 

7 Schools, and Revenue Trust. 

8 (2) 35 percent shall be deposited in the general 

9 fund of the Treasury for use as provided in sub10 section (b). 

11 (b) USE OF FUNDS FOR FOREST SERVICE.— 

12 (1) IN GENERAL.—Amounts deposited under 

13 subsection (a)(2) shall be available, in such amounts 

14 as may be provided in advance in appropriation 

15 Acts, for the Forest Service. 

16 (2) FUNDS FOR PERFORMANCE BASED CASH

17 AWARDS.—Of the amount made available under 

18 paragraph (1) for a fiscal year, the Secretary shall 

19 make available to the responsible officials for units 

20 of the National Forest System up to one percent of 

21 the amount for the purpose of providing perform22 ance-based cash awards under section 4505a of title 

23 5, United States Code, to employees of the Forest 

24 Service who assist a unit in exceeding its minimum 

25 sale level for the fiscal year. 


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1 SEC. 107. PAYMENTS TO BENEFICIARY COUNTIES FROM 

2 COUNTY, SCHOOLS, AND REVENUE TRUST. 

3 (a) DISTRIBUTION METHOD.—As soon as practicable 

4 at the end of each fiscal year, the Secretary shall dis5 tribute all amounts that were deposited in the County, 

6 Schools, and Revenue Trust from trust projects for that 

7 fiscal year to the States for distribution to beneficiary 

8 counties in the manner provided by section 102(c)(1) of 

9 the Secure Rural Schools and Community Self-Determina10 tion Act of 2000 (16 U.S.C. 7112(c)(1)). 

11 (b) USE OF FUNDS.—The use of amounts received 

12 by a beneficiary county under this section shall be subject 

13 to subsections (c)(2) and (d) of section 102 of the Secure 

14 Rural Schools and Community Self-Determination Act of 

15 2000 (16 U.S.C. 7112). 

16 SEC. 108. INITIAL PAYMENTS PENDING IMPLEMENTATION 

17 OF TRUST PROJECTS. 

18 (a) FISCAL YEAR 2012.— 

19 (1) BENEFICIARY COUNTIES.—As soon as prac20 ticable after the end of fiscal year 2012, the Sec21 retary of Agriculture shall distribute to each bene22 ficiary county a payment equal to the amount dis23 tributed to the beneficiary county for fiscal year 

24 2010 under section 102(c)(1) of the Secure Rural 

25 Schools and Community Self-Determination Act of 

26 2000 (16 U.S.C. 7112(c)(1)). 


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1 (2) COUNTIES THAT WERE ELIGIBLE FOR DI2 RECT COUNTY PAYMENTS.—As soon as practicable 

3 after the end of fiscal year 2012, the Secretary of 

4 the Interior shall distribute to each county that re5 ceived a payment for fiscal year 2010 under section 

6 102(a)(2) of the Secure Rural Schools and Commu7 nity Self-Determination Act of 2000 (16 U.S.C. 

8 7112(a)(2)) a payment equal to the amount distrib9 uted to the county for fiscal year 2010 under section 

10 102(c)(1) of the Secure Rural Schools and Commu11 nity Self-Determination Act of 2000 (16 U.S.C. 

12 7112(c)(1)) 

13 (b) FISCAL YEAR 2013.—As soon as practicable at 

14 the end of fiscal year 2013, the Secretary concerned shall 

15 distribute to each beneficiary county that received a pay16 ment under subsection (a)(1) and to each county that re17 ceived a payment under subsection (a)(2) a payment equal 

18 to 75 percent of the amount distributed to the county 

19 under subsection (a). 

20 (c) SOURCE OF FUNDS.—The amounts required to 

21 be distributed under this section shall be derived from 

22 funds in the County, Schools, and Revenue Trust. 

23 (d) USE OF FUNDS.—The distribution under this sec24 tion of amounts to a beneficiary county shall be subject 

25 to subsections (c)(2) and (d) of section 102 of the Secure 


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1 Rural Schools and Community Self-Determination Act of 

2 2000 (16 U.S.C. 7112). The distribution under this sec3 tion of amounts to a county described in subsection (a)(2) 

4 shall be subject to subsection (d) of such section. 

5 TITLE II—PAYMENT IN LIEU OF 

6 TAXES AMENDMENTS 

7 SEC. 201. EXTENSION. 

8 Section 6906 of title 31, United States Code, is 

9 amended by striking ‘‘2012’’ and inserting ‘‘2017’’. 

10 SEC. 202. INCLUSION IN DEFINITION OF PAYMENT LAW. 

11 Section 6903(a)(1) of title 31, United States Code, 

12 amended— 

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (I); 

15 (2) by striking the period at the end of sub16 paragraph (J) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(K) titles I and II of the Federal Forests 

20 County Revenue, Schools, and Jobs Act of 

21 2012.’’. 


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1 SEC. 203. CONGRESSIONAL NOTIFICATION AND PUBLICA2 TION OF INFORMATION. 

3 Section 6903 of title 31, United States Code, is 

4 amended by adding at the end the following new sub5 sections: 

6 ‘‘(e) CONGRESSIONAL NOTIFICATION.—The Sec7 retary of the Interior shall submit to the Committee on 

8 Energy and Natural Resources of the Senate and the 

9 Committee on Natural Resources of the House of Rep10 resentatives a list of States that have not submitted to 

11 the Secretary the data required to calculate payments 

12 under this chapter by January 15 of each year. 

13 ‘‘(f) PUBLICATION.—The Secretary of the Interior 

14 shall— 

15 ‘‘(1) publish in the Federal Register and on the 

16 Department of the Interior website a list of States 

17 that have not submitted to the Secretary the data 

18 required to calculate payments under this chapter by 

19 February 1 of each year; and 

20 ‘‘(2) update the list published on the Depart21 ment of the Interior website under paragraph (1) to 

22 reflect any changes in the list.’’. 


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1 TITLE III—FOREST SERVICE 

2 RECREATION RESIDENCE 

3 PROGRAM 

4 SEC. 301. DEFINITIONS. 

5 In this title: 

6 (1) AUTHORIZATION; AUTHORIZE.—The terms 

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

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

9 National Forest System land by a cabin owner under 

10 the Recreation Residence Program. 

11 (2) CABIN.—The term ‘‘cabin’’ means a pri12 vately built and owned recreation residence and re13 lated improvements on National Forest System land 

14 that— 

15 (A) is authorized for private use and occu16 pancy; and 

17 (B) may be sold or transferred between 

18 private parties. 

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

20 means— 

21 (A) a person authorized by the Secretary 

22 to use and to occupy a cabin; and 

23 (B) a trust, heir, or assign of a person de24 scribed in subparagraph (A). 


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

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

3 States on the transfer of a cabin between private 

4 parties for money or other consideration that results 

5 in the issuance of a new permit. 

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

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

8 by a cabin owner in accordance with an authoriza9 tion for the use and occupancy of a cabin. 

10 (6) CURRENT APPRAISAL CYCLE.—The term 

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

12 Forest Service review and acceptance of— 

13 (A) initial typical lot appraisals; and 

14 (B) second appraisals, if ordered by cabin 

15 owners and approved by the Forest Service. 

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

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

18 cabin user fee, as adjusted under section 302(c). 

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

20 National Forest System land on which a person is 

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

22 cabin. 

23 (9) NATIONAL FOREST SYSTEM.—The term 

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

25 that term in section 11 of the Forest and Rangeland 


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1 Renewable Resources Planning Act of 1974 (16 

2 U.S.C. 1609). 

3 (10) RECREATION RESIDENCE PROGRAM.—The 

4 term ‘‘Recreation Residence Program’’ means the 

5 Recreation Residence Program established under the 

6 last paragraph under the heading ‘‘FOREST SERV7 ICE’’ in the Act of March 4, 1915 (16 U.S.C. 497). 

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

9 means the Secretary of Agriculture, acting through 

10 the Chief of the Forest Service. 

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

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

13 that is selected for use in an appraisal as being rep14 resentative of, and that has similar value character15 istics as, other lots or groups of lots within the tract. 

16 SEC. 302. CABIN USER FEES. 

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

18 shall pay an annual cabin user fee established by the Sec19 retary in accordance with this section. 

20 (b) INITIAL CABIN USER FEES.— 

21 (1) ESTABLISHMENT.—The Secretary shall es22 tablish initial cabin user fees in accordance with this 

23 subsection. 

24 (2) ASSIGNMENT TO VALUE TIERS.—On com25 pletion of the current appraisal cycle, as required by 


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1 paragraph (4), the Secretary shall assign each per2 mitted lot on National Forest System land to 1 of 

3 9 tiers based on the following considerations: 

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

5 appraised lot values shall be adjusted, or nor6 malized, for price changes occurring after the 

7 appraisal, in accordance with the National As8 sociation of Homebuilders/Wells Fargo Housing 

9 Opportunity Index. 

10 (B) Second appraisal values that meet 

11 Forest Service standards for approval shall su12 persede initial lot appraisal values for the nor13 malization and ranking process under subpara14 graph (A). 

15 (C) The tiers shall be established, on a na16 tional basis, according to relative lot value, with 

17 lots having the lowest adjusted appraised value 

18 assigned to tier 1 and lots having the highest 

19 adjusted appraised value assigned to tier 9. 

20 (D) The number of lots (by percentage) as21 signed to each tier is contained in the table set 

22 forth in paragraph (3). 

23 (E) Data from incomplete appraisals may 

24 not be used to establish the fee tiers under this 

25 subsection. 


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1 (F) Until assigned to a tier under this sub2 section, the Secretary shall assess (and may ad3 just annually subject to clause (ii)) an interim 

4 fee for permitted cabin lots (including lots with 

5 incomplete appraisals) in an amount equal to 

6 the lesser of— 

7 (i) $4,500; or 

8 (ii) the amount of the current cabin 

9 user fee, as determined under the Cabin 

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

11 6201 et seq.), which amount the Secretary 

12 may increase annually by not more than 

13 25 percent, except that the increased fee 

14 shall not exceed the otherwise scheduled 

15 fee determined under the Cabin User Fee 

16 Fairness Act of 2000. 

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

18 The initial cabin user fees, based on the assignments 

19 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


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Fee Tier Approximate Percent of 

Permits Nationally Fee Amount 

Tier 6 8 percent $3,000

Tier 7 6 percent $3,500

Tier 8 6 percent $4,000

Tier 9 4 percent $4,500. 

1 (4) DEADLINE FOR COMPLETION OF CURRENT

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

3 date of enactment of this Act, the Secretary shall 

4 complete the current appraisal cycle. 

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

6 fees required by this subsection shall take effect be7 ginning with the first calendar year beginning after 

8 the completion of the current appraisal cycle. 

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

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

11 the tier assignments under subsection (b)(2), the Sec12 retary shall use changes in the Implicit Price Deflator for 

13 the Gross Domestic Product published by the Bureau of 

14 Economic Analysis of the Department of Commerce, ap15 plied on a 5-year rolling average, to assess an annual ad16 justment to cabin user fees. 

17 (d) EFFECT OF DESTRUCTION, SUBSTANTIAL DAM18 AGE, OR LOSS OF ACCESS.— 

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

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


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1 (A) the cabin is destroyed or suffers sub2 stantial damage in an amount that is greater 

3 than 50 percent of replacement cost of the 

4 cabin; or 

5 (B) access to the cabin is significantly im6 paired, whether by catastrophic events, natural 

7 causes, or governmental actions. 

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

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

10 of— 

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

12 destruction or impairment occurs; or 

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

14 lawfully reoccupied and normal access has been 

15 restored. 

16 SEC. 303. CABIN TRANSFER FEES. 

17 (a) PAYMENT OF CABIN TRANSFER FEES.—In con18 junction with the transfer of ownership of any cabin and 

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

20 the cabin shall file with the Secretary a sworn statement 

21 declaring the amount of money or other value received, 

22 if any, for the transfer of the cabin. 

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

24 Secretary of a new authorization for the use and occu25 pancy of the cabin, the cabin owner transferring the cabin 


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

2 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. 

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

4 Implicit Price Deflator for the Gross Domestic Product 

5 published by the Bureau of Economic Analysis of the De6 partment of Commerce, applied on a 5-year rolling aver7 age, to determine and apply an annual adjustment to the 

8 cabin transfer fee threshold amounts set forth in the table 

9 contained in subsection (b). 

10 SEC. 304. RIGHT OF APPEAL AND JUDICIAL REVIEW. 

11 (a) RIGHT OF APPEAL.— 

12 (1) IN GENERAL.—Notwithstanding any action 

13 of a cabin owner to exercise rights in accordance 

14 with section 305, the Secretary shall by regulation 

15 grant to the cabin owner the right to an administra16 tive appeal of the determination of a new cabin user 

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

18 reduce a cabin user fee under section 302(d). 


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1 (2) APPLICABLE LAW.—An appeal under para2 graph (1) shall be pursuant to the appeal process 

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

4 Code of Federal Regulations (or a successor regula5 tion). 

6 (b) JUDICIAL REVIEW.— 

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

8 a final decision of the Secretary under this title may 

9 bring a civil action in United States district court. 

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

11 before the United States district court under this 

12 subsection shall be in the Federal judicial district in 

13 which the cabin is located or the permit holder re14 sides. 

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

16 title precludes a person from seeking mediation for 

17 an action under this title. 

18 SEC. 305. EFFECT. 

19 (a) IN GENERAL.—Nothing in this title limits or re20 stricts any right, title, or interest of the United States in 

21 or to any land or resource. 

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

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

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

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


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1 of the Alaska National Interest Lands Conservation Act 

2 (16 U.S.C. 3193(d)). 

3 SEC. 306. REGULATIONS. 

4 Not later than December 31, 2013, the Secretary 

5 shall issue regulations to carry out this title. 

Æ 


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