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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4019 Reported in House (RH)]

                                                 Union Calendar No. 539
112th CONGRESS
  2d Session
                                H. R. 4019

                      [Report No. 112-737, Part I]

 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

                           December 31, 2012

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 31, 2012

The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 14, 2012]

_______________________________________________________________________

                                 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.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Forests 
County Revenue, Schools, and Jobs Act of 2012''.
    (b) Table of Contents.--The table of contents of 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.

  TITLE I--COUNTY, SCHOOLS, AND REVENUE TRUST FOR FEDERAL FOREST LAND

SEC. 101. DEFINITIONS.

    In this title:
            (1) Annual revenue requirement.--The term ``annual revenue 
        requirement'', with respect to a unit of the National Forest 
        System, means the amount equal to 60 percent of the average 
        annual gross receipts derived from the unit during the 20-year 
        period beginning with fiscal year 1980, as determined under 
        section 104.
            (2) Beneficiary county.--
                    (A) In general.--The term ``beneficiary county'' 
                means a political subdivision of a State that, on 
                account of containing National Forest System land, was 
                eligible to receive payments through the State under 
                title I of the Secure Rural Schools and Community Self-
                Determination Act of 2000 (16 U.S.C. 7111 et seq.).
                    (B) Exclusion of certain counties.--The term does 
                not include a political subdivision of a State that 
                elects not to participate under section 103. A 
                political subdivision that opts out of participation 
                may still receive payments as provided in the sixth 
                paragraph under the heading of ``FOREST SERVICE'' in 
                the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500) 
                and section 13 of the Act of March 1, 1911 (36 Stat. 
                963; 16 U.S.C. 500).
            (3) Catastrophic event.--The term ``catastrophic event'' 
        means an event that the Secretary determines will cause or has 
        caused severe damage to National Forest System land, including 
        severe fire, insect or disease infestations, windthrow, or 
        other extreme weather or natural disaster.
            (4) Chargeable volume.--
                    (A) In general.--The term ``chargeable volume'' 
                means only the volume of timber and other forest 
                products that is counted toward meeting the allowable 
                sale quantity of a unit of National Forest System land 
                based on the regionally applicable utilization and 
                merchantability standards.
                    (B) Exclusion.--The term does not include post and 
                pole sales and personal use firewood.
            (5) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (6) County, schools, and revenue trust project.--The terms 
        ``County, Schools, and Revenue Trust Project'' and ``trust 
        project'' mean a project designated by the Secretary as a 
        project to generate amounts to help meet the annual revenue 
        requirement.
            (7) Federal land.--The term ``Federal land'' means--
                    (A) land within the National Forest System; and
                    (B) such portions of the revested Oregon and 
                California Railroad and reconveyed Coos Bay Wagon Road 
                grant land as are or may hereafter come under the 
                jurisdiction of the Department of the Interior, which 
                have heretofore or may hereafter be classified as 
                timberlands, and power-site land valuable for timber, 
                that shall be managed, except as provided in section 3 
                of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 
                1181c), for permanent forest production.
            (8) Minimum sale level.--The term ``minimum sale level'', 
        for a unit of the National Forest System for a fiscal year, 
        means a quantity equal to 50 percent of the average annual 
        chargeable timber volume (as measured in net sawtimber volume) 
        sold from the unit during the period beginning with fiscal year 
        1980 through fiscal year 2000, as determined under section 104.
            (9) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)), except that the term does not include 
        the National Grasslands and land utilization projects 
        designated as National Grasslands administered pursuant to the 
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture or the designee of the Secretary of Agriculture.
            (11) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture or the designee of 
                the Secretary of Agriculture with respect to National 
                Forest System land; and
                    (B) the Secretary of the Interior or the designee 
                of the Secretary of the Interior with respect to the 
                Federal land described in paragraph (7)(B).
            (12) State.--The term ``State'' includes the Commonwealth 
        of Puerto Rico.
            (13) Trust.--The terms ``County, Schools, and Revenue 
        Trust'' and ``Trust'' mean the County, Schools, and Revenue 
        Trust established in the Treasury under section 102.
            (14) Trustee.--The term ``Trustee'' means the Secretary, 
        acting as the trustee of the County, Schools, and Revenue 
        Trust.

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

    (a) Establishment of Trust.--There is established in the Treasury a 
fund to be known as the ``County, Schools, and Revenue Trust''.
    (b) Trust Purpose.--The purpose of the Trust is to provide a 
dependable source of revenue for each beneficiary county containing 
National Forest System land.
    (c) Fiduciary Responsibility.--The Trustee has a fiduciary 
responsibility to beneficiary counties to use County, Schools, and 
Revenue Trust Projects to generate amounts sufficient to satisfy the 
annual revenue requirement established for units of the National Forest 
System.
    (d) Trust Assets.--
            (1) Initial deposits.--To allow the transition necessary to 
        implement this title, there is hereby appropriated to the 
        Trust, out of amounts in the Treasury not otherwise 
        appropriated, an amount equal to $875,000,000 to provide 
        payments under section 108 during fiscal years 2012 and 2013.
            (2) Portion of receipts from trust projects.--There shall 
        be credited to the Trust all amounts required by section 
        106(a)(1) to be deposited in the Trust from County, Schools, 
        and Revenue Trust Projects.
    (e) Limitations.--The assets of the Trust shall not--
            (1) be subject to garnishment by, or otherwise paid to, a 
        creditor of a beneficiary county;
            (2) be expended other than for the purposes authorized in 
        subsections (b) and (c) of section 107; or
            (3) be used in lieu of or to otherwise offset State funding 
        sources for local schools, facilities, or educational purposes.
    (f) Reporting.--Not later than 90 days after the end of each fiscal 
year (beginning with fiscal year 2014), the Secretary shall submit to 
Congress a report specifying the deposits into, and distributions from, 
the Trust during the preceding fiscal year.

SEC. 103. OPT OUT OPTION.

    (a) Election.--A political subdivision of a State that otherwise 
satisfies the definition of beneficiary county may elect not to 
participate under this title.
    (b) Time and Duration of Election.--An election to opt out under 
subsection (a) is effective for a single fiscal year and must be 
submitted to the Secretary before the start of that fiscal year.
    (c) Effect of Election.--
            (1) No trust projects.--No County, Schools, and Revenue 
        Trust Project may be commenced on National Forest System land 
        located in any political subdivision that has opted out under 
        subsection (a). Other activities on the National Forest System 
        land in the political subdivision may be carried out in 
        accordance with other laws applicable to the National Forest 
        System land.
            (2) Completion of existing projects.--Trust projects 
        underway before the effective date of the opt out may be 
        completed.

SEC. 104. DETERMINATION OF ANNUAL REVENUE REQUIREMENT AND MINIMUM SALE 
              LEVEL.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary shall determine for each unit of the National Forest 
System--
            (1) the annual revenue requirement for the unit; and
            (2) the minimum sale level for the unit.

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

    (a) Need for Projects.--Effective for fiscal year 2014 and each 
fiscal year thereafter, the Secretary shall carry out County, Schools, 
and Revenue Trust Projects in units of the National Forest System as 
necessary to achieve the annual revenue requirement for the unit. The 
Secretary is authorized and encouraged to commence the implementation 
of trust projects before fiscal year 2014 to begin generating amounts 
for deposit in the Trust to supplement the funds made available under 
section 102(d)(1).
    (b) Designation of Projects.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the Secretary may designate any project involving 
        National Forest System land (other than National Forest System 
        land located in a political subdivision that opted out under 
        section 103) as a County, Schools, and Revenue Trust Project.
            (2) Types of projects.--Trust projects may include a timber 
        sale, issuance of a grazing permit, issuance of a special use 
        permit involving land use, mineral development, power 
        generation, or recreational use, and projects implementing a 
        community wildfire protection plan.
            (3) Exclusion of certain land from trust projects.--A trust 
        project shall not be designated on National Forest System 
        land--
                    (A) that is a component of the National Wilderness 
                Preservation System; or
                    (B) on which the removal of vegetation is 
                specifically prohibited by Federal law.
            (4) Maximum number of designated projects.--The maximum 
        number of trust projects designated by the Secretary for a unit 
        of the National Forest System for a fiscal year may not exceed 
        the number of projects necessary to meet the annual revenue 
        requirement for the unit.
            (5) Standards for trust projects.--A County, Schools, and 
        Revenue Trust Project shall be consistent with standards and 
        guidelines contained in the land and resource management plan 
        or land use plan for the unit of the National Forest System in 
        which the project will occur, except that the Secretary may 
        modify such standards and guidelines for a specific trust 
        project.
    (c) Special Authority To Respond to Catastrophic Events.--
Notwithstanding subsection (b)(4), the Secretary may designate any 
project conducted in response to a catastrophic event as a County, 
Schools, and Revenue Trust Project.
    (d) Public Review and Required Environmental Analysis.--
            (1) Public notice and comment.--
                    (A) Proposed project.--The Secretary shall publish 
                in the Federal Register notice of a proposed County, 
                Schools, and Revenue Trust Project. The public may 
                submit to the Secretary specific written comments that 
                relate to the trust project within 30 days after the 
                date of the publication of the notice.
                    (B) Final decision.--Not later than 120 days after 
                the date on which notice was published under 
                subparagraph (A) with regard to a proposed County, 
                Schools, and Revenue Trust Project, and after taking 
                into account any comments received under such 
                subparagraph, the Secretary shall designate the final 
                trust project and publish in the Federal Register 
                notice of the final designated trust project.
                    (C) Objections.--Only persons who submitted 
                comments regarding a proposed County, Schools, and 
                Revenue Trust Project under subparagraph (A) may submit 
                to the Secretary specific written objections that 
                relate to the final designated trust project. Any 
                objections regarding the final trust project must be 
                submitted within 30 days after the date of the 
                publication of the notice under subparagraph (B).
            (2) Environmental report requirement.--
                    (A) In general.--Except as provided under 
                subparagraph (C), the Secretary shall prepare an 
                environmental report for each final designated County, 
                Schools, and Revenues Trust Project within 180 days 
                after the date on which notice was published under 
                paragraph (1)(A) with regard to the project.
                    (B) Elements of report.--The environmental report 
                for a trust project shall include at a minimum the 
                following:
                            (i) To the extent the Secretary considers 
                        appropriate and feasible, an evaluation of the 
                        environmental impacts of the proposed project, 
                        including the effect, if any, on threatened or 
                        endangered species listed under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.).
                            (ii) Public comments received by the 
                        Secretary regarding the project under 
                        subparagraph (A) of paragraph (1), objections 
                        to the project submitted under subparagraph (C) 
                        of such paragraph, and any response to the 
                        comments and objections.
                            (iii) Any modifications to the project to 
                        ensure that the annual revenue requirement is 
                        met.
                    (C) Special deadlines for projects in response to 
                catastrophic event.--In the case of a trust project 
                proposed in response to a catastrophic event, the 
                Secretary shall complete the environmental report 
                required by this paragraph within 30 days after the 
                date on which notice was published under paragraph 
                (1)(A) with regard to the proposed project. The 
                Secretary shall adjust the deadlines for public 
                comments specified in subparagraphs (A) and (C) of 
                paragraph (1) as necessary to achieve the expedited 
                reporting requirement imposed by this subparagraph.
                    (D) Cost to prepare environmental report.--The 
                costs to prepare the environmental report for a trust 
                project shall not exceed an amount equal to one-third 
                of the estimated value of the receipts to be generated 
                by the trust project.
            (3) Sole means for administrative review.--The procedures 
        provided by this subsection are the sole means by which a 
        person may seek administrative review of a County, Schools, and 
        Revenue Trust Project.
            (4) No judicial review.--There shall be no judicial review 
        of the environmental report for a County, Schools, and Revenue 
        Trust Project.
    (e) Compliance.--Compliance with this section shall be deemed to be 
compliance with the requirements of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1601 et seq.), the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), section 14 
of the National Forest Management Act of 1976 (16 U.S.C. 472a), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the 
Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.).

SEC. 106. DISTRIBUTION OF AMOUNTS FROM TRUST PROJECTS.

    (a) Percentage Distribution.--The amounts derived from a County, 
Schools, and Revenue Trust Project shall be distributed as follows:
            (1) 65 percent shall be deposited in the County, Schools, 
        and Revenue Trust.
            (2) 35 percent shall be deposited in the general fund of 
        the Treasury for use as provided in subsection (b).
    (b) Use of Funds for Forest Service.--
            (1) In general.--Amounts deposited under subsection (a)(2) 
        shall be available, in such amounts as may be provided in 
        advance in appropriation Acts, for the Forest Service.
            (2) Funds for performance based cash awards.--Of the amount 
        made available under paragraph (1) for a fiscal year, the 
        Secretary shall make available to the responsible officials for 
        units of the National Forest System up to one percent of the 
        amount for the purpose of providing performance-based cash 
        awards under section 4505a of title 5, United States Code, to 
        employees of the Forest Service who assist a unit in exceeding 
        its minimum sale level for the fiscal year.

SEC. 107. PAYMENTS TO BENEFICIARY COUNTIES FROM COUNTY, SCHOOLS, AND 
              REVENUE TRUST.

    (a) Distribution Method.--As soon as practicable at the end of each 
fiscal year, the Secretary shall distribute all amounts that were 
deposited in the County, Schools, and Revenue Trust from trust projects 
for that fiscal year to the States for distribution to beneficiary 
counties in the manner provided by section 102(c)(1) of the Secure 
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
7112(c)(1)).
    (b) Use of Funds.--The use of amounts received by a beneficiary 
county under this section shall be subject to subsections (c)(2) and 
(d) of section 102 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112).

SEC. 108. INITIAL PAYMENTS PENDING IMPLEMENTATION OF TRUST PROJECTS.

    (a) Fiscal Year 2012.--
            (1) Beneficiary counties.--As soon as practicable after the 
        end of fiscal year 2012, the Secretary of Agriculture shall 
        distribute to each beneficiary county a payment equal to the 
        amount distributed to the beneficiary county for fiscal year 
        2010 under section 102(c)(1) of the Secure Rural Schools and 
        Community Self-Determination Act of 2000 (16 U.S.C. 
        7112(c)(1)).
            (2) Counties that were eligible for direct county 
        payments.--As soon as practicable after the end of fiscal year 
        2012, the Secretary of the Interior shall distribute to each 
        county that received a payment for fiscal year 2010 under 
        section 102(a)(2) of the Secure Rural Schools and Community 
        Self-Determination Act of 2000 (16 U.S.C. 7112(a)(2)) a payment 
        equal to the amount distributed to the county for fiscal year 
        2010 under section 102(c)(1) of the Secure Rural Schools and 
        Community Self-Determination Act of 2000 (16 U.S.C. 
        7112(c)(1)).
    (b) Fiscal Year 2013.--As soon as practicable at the end of fiscal 
year 2013, the Secretary concerned shall distribute to each beneficiary 
county that received a payment under subsection (a)(1) and to each 
county that received a payment under subsection (a)(2) a payment equal 
to 75 percent of the amount distributed to the county under subsection 
(a).
    (c) Source of Funds.--The amounts required to be distributed under 
this section shall be derived from funds in the County, Schools, and 
Revenue Trust.
    (d) Use of Funds.--The distribution under this section of amounts 
to a beneficiary county shall be subject to subsections (c)(2) and (d) 
of section 102 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112). The distribution under this 
section of amounts to a county described in subsection (a)(2) shall be 
subject to subsection (d) of such section.

             TITLE II--PAYMENT IN LIEU OF TAXES AMENDMENTS

SEC. 201. EXTENSION.

    Section 6906 of title 31, United States Code, is amended by 
striking ``2012'' and inserting ``2017''.

SEC. 202. INCLUSION IN DEFINITION OF PAYMENT LAW.

    Section 6903(a)(1) of title 31, United States Code, amended--
            (1) by striking ``and'' at the end of subparagraph (I);
            (2) by striking the period at the end of subparagraph (J) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(K) title I of the Federal Forests County 
                Revenue, Schools, and Jobs Act of 2012.''.

SEC. 203. CONGRESSIONAL NOTIFICATION AND PUBLICATION OF INFORMATION.

    Section 6903 of title 31, United States Code, is amended by adding 
at the end the following new subsections:
    ``(e) Congressional Notification.--The Secretary of the Interior 
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 list of States that have not submitted to the 
Secretary the data required to calculate payments under this chapter by 
January 15 of each year.
    ``(f) Publication.--The Secretary of the Interior shall--
            ``(1) publish in the Federal Register and on the Department 
        of the Interior website a list of States that have not 
        submitted to the Secretary the data required to calculate 
        payments under this chapter by February 1 of each year; and
            ``(2) update the list published on the Department of the 
        Interior website under paragraph (1) to reflect any changes in 
        the list.
    ``(g) Issuance of Payments.--Not later than May 1 of each fiscal 
year, the Secretary of the Interior shall issue the payments authorized 
under this chapter.''.

         TITLE III--FOREST SERVICE RECREATION RESIDENCE PROGRAM

SEC. 301. DEFINITIONS.

    In this title:
            (1) Authorization; authorize.--The terms ``authorization'' 
        and ``authorize'' mean the issuance of a special use permit for 
        the use and occupancy of National Forest System land by a cabin 
        owner under the Recreation Residence Program.
            (2) Cabin.--The term ``cabin'' means a privately built and 
        owned recreation residence and related improvements on National 
        Forest System land that--
                    (A) is authorized for private use and occupancy; 
                and
                    (B) may be sold or transferred between private 
                parties.
            (3) Cabin owner.--The term ``cabin owner'' means--
                    (A) a person authorized by the Secretary to use and 
                to occupy a cabin; and
                    (B) a trust, heir, or assign of a person described 
                in subparagraph (A).
            (4) Cabin transfer fee.--The term ``cabin transfer fee'' 
        means a fee that is paid to the United States on the transfer 
        of a cabin between private parties for money or other 
        consideration that results in the issuance of a new permit.
            (5) Cabin user fee.--The term ``cabin user fee'' means an 
        annual fee paid to the United States by a cabin owner in 
        accordance with an authorization for the use and occupancy of a 
        cabin.
            (6) Current appraisal cycle.--The term ``current appraisal 
        cycle'' means the completion of Forest Service review and 
        acceptance of--
                    (A) initial typical lot appraisals; and
                    (B) second appraisals, if ordered by cabin owners 
                and approved by the Forest Service.
            (7) Current cabin user fee.--The term ``current cabin user 
        fee'' means the most recent cabin user fee, as adjusted under 
        section 302(c).
            (8) Lot.--The term ``lot'' means a parcel of National 
        Forest System land on which a person is authorized to build, 
        use, occupy, and maintain a cabin.
            (9) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609).
            (10) Recreation residence program.--The term ``Recreation 
        Residence Program'' means the Recreation Residence Program 
        established under the last paragraph under the heading ``FOREST 
        SERVICE'' in the Act of March 4, 1915 (16 U.S.C. 497).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (12) Typical lot.--The term ``typical lot'' means a cabin 
        lot, or group of cabin lots, in a tract that is selected for 
        use in an appraisal as being representative of, and that has 
        similar value characteristics as, other lots or groups of lots 
        within the tract.

SEC. 302. CABIN USER FEES.

    (a) Payment of Cabin User Fees.--Cabin owners shall pay an annual 
cabin user fee established by the Secretary in accordance with this 
section.
    (b) Initial Cabin User Fees.--
            (1) Establishment.--The Secretary shall establish initial 
        cabin user fees in accordance with this subsection.
            (2) Assignment to value tiers.--On completion of the 
        current appraisal cycle, as required by paragraph (4), the 
        Secretary shall assign each permitted lot on National Forest 
        System land to 1 of 9 tiers based on the following 
        considerations:
                    (A) Before assigning the lots to tiers, all 
                appraised lot values shall be adjusted, or normalized, 
                for price changes occurring after the appraisal, in 
                accordance with the National Association of 
                Homebuilders/Wells Fargo Housing Opportunity Index.
                    (B) Second appraisal values that meet Forest 
                Service standards for approval shall supersede initial 
                lot appraisal values for the normalization and ranking 
                process under subparagraph (A).
                    (C) The tiers shall be established, on a national 
                basis, according to relative lot value, with lots 
                having the lowest adjusted appraised value assigned to 
                tier 1 and lots having the highest adjusted appraised 
                value assigned to tier 9.
                    (D) The number of lots (by percentage) assigned to 
                each tier is contained in the table set forth in 
                paragraph (3).
                    (E) Data from incomplete appraisals may not be used 
                to establish the fee tiers under this subsection.
                    (F) Until assigned to a tier under this subsection, 
                the Secretary shall assess (and may adjust annually 
                subject to clause (ii)) an interim fee for permitted 
                cabin lots (including lots with incomplete appraisals) 
                in an amount equal to the lesser of--
                            (i) $4,500; or
                            (ii) the amount of the current cabin user 
                        fee, as determined under the Cabin User Fee 
                        Fairness Act of 2000 (16 U.S.C. 6201 et seq.), 
                        which amount the Secretary may increase 
                        annually by not more than 25 percent, except 
                        that the increased fee shall not exceed the 
                        otherwise scheduled fee determined under the 
                        Cabin User Fee Fairness Act of 2000.
            (3) Amount of initial cabin user fees.--The initial cabin 
        user fees, based on the assignments under paragraph (2), are as 
        follows:

------------------------------------------------------------------------
                          Approximate Percent of
        Fee Tier            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) Deadline for completion of current appraisal cycle.--
        Not later than 3 years after the date of enactment of this Act, 
        the Secretary shall complete the current appraisal cycle.
            (5) Effective date.--The initial cabin user fees required 
        by this subsection shall take effect beginning with the first 
        calendar year beginning after the completion of the current 
        appraisal cycle.
    (c) Annual Adjustments of Cabin User Fee.--Once initial cabin user 
fees have been assessed, based on the tier assignments under subsection 
(b)(2), the Secretary shall use 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, to assess an annual adjustment to cabin user fees.
    (d) Effect of Destruction, Substantial Damage, or Loss of Access.--
            (1) In general.--The Secretary shall reduce the cabin user 
        fee to $100 per year for a cabin if--
                    (A) the cabin is destroyed or suffers substantial 
                damage in an amount that is greater than 50 percent of 
                replacement cost of the cabin; or
                    (B) access to the cabin is significantly impaired, 
                whether by catastrophic events, natural causes, or 
                governmental actions.
            (2) Term of reduced fee.--The reduced fee under paragraph 
        (1) shall be in effect until the later of--
                    (A) the last day of the year in which the 
                destruction or impairment occurs; or
                    (B) the date on which the cabin may be lawfully 
                reoccupied and normal access has been restored.

SEC. 303. CABIN TRANSFER FEES.

    (a) Payment of Cabin Transfer Fees.--In conjunction with the 
transfer of ownership of any cabin and the issuance of a new permit, 
the cabin owner transferring the cabin shall file with the Secretary a 
sworn statement declaring the amount of money or other value received, 
if any, for the transfer of the cabin.
    (b) Amount.--As a condition of the issuance by the Secretary of a 
new authorization for the use and occupancy of the cabin, the cabin 
owner transferring the cabin shall pay to the Secretary a cabin 
transfer fee in an 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.
----------------------------------------------------------------------------------------------------------------

    (c) Index.--The Secretary shall use 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, to determine and apply an annual adjustment to the 
cabin transfer fee threshold amounts set forth in the table contained 
in subsection (b).

SEC. 304. RIGHT OF APPEAL AND JUDICIAL REVIEW.

    (a) Right of Appeal.--
            (1) In general.--Notwithstanding any action of a cabin 
        owner to exercise rights in accordance with section 305, the 
        Secretary shall by regulation grant to the cabin owner the 
        right to an administrative appeal of the determination of a new 
        cabin user fee, fee tier, cabin transfer fee, or whether or not 
        to reduce a cabin user fee under section 302(d).
            (2) Applicable law.--An appeal under paragraph (1) shall be 
        pursuant to the appeal process provided under subpart C of part 
        251 of title 36, Code of Federal Regulations (or a successor 
        regulation).
    (b) Judicial Review.--
            (1) In general.--A cabin owner that contests a final 
        decision of the Secretary under this title may bring a civil 
        action in United States district court.
            (2) Venue.--The venue for an action brought before the 
        United States district court under this subsection shall be in 
        the Federal judicial district in which the cabin is located or 
        the permit holder resides.
            (3) Effect on mediation.--Nothing in this title precludes a 
        person from seeking mediation for an action under this title.

SEC. 305. EFFECT.

    (a) In General.--Nothing in this title 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 user fee or a condition affecting a cabin user fee that is 
inconsistent with 1303(d) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3193(d)).

SEC. 306. REGULATIONS.

    Not later than December 31, 2013, the Secretary shall issue 
regulations to carry out this title.
                                                 Union Calendar No. 539

112th CONGRESS

  2d Session

                               H. R. 4019

                      [Report No. 112-737, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 31, 2012

   Reported from the Committee on Natural Resources with an amendment

                           December 31, 2012

The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
```