IB 

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] 


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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. 


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

6 2012’’. 

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

8 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. 


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1 TITLE I—COUNTY, SCHOOLS, 

2 AND REVENUE TRUST FOR 

3 FEDERAL FOREST LAND 

4 SEC. 101. DEFINITIONS. 

5 In this title: 

6 (1) ANNUAL REVENUE REQUIREMENT.—The term 

7 ‘‘annual revenue requirement’’, with respect to a unit 

8 of the National Forest System, means the amount 

9 equal to 60 percent of the average annual gross re10 ceipts derived from the unit during the 20-year period 

11 beginning with fiscal year 1980, as determined under 

12 section 104. 

13 (2) BENEFICIARY COUNTY.— 

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

15 county’’ means a political subdivision of a State 

16 that, on account of containing National Forest 

17 System land, was eligible to receive payments 

18 through the State under title I of the Secure 

19 Rural Schools and Community Self-Determina20 tion Act of 2000 (16 U.S.C. 7111 et seq.). 

21 (B) EXCLUSION OF CERTAIN COUNTIES.— 

22 The term does not include a political subdivision 

23 of a State that elects not to participate under 

24 section 103. A political subdivision that opts out 

25 of participation may still receive payments as 


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1 provided in the sixth paragraph under the head2 ing of ‘‘FOREST SERVICE’’ in the Act of May 

3 23, 1908 (35 Stat. 260; 16 U.S.C. 500) and sec4 tion 13 of the Act of March 1, 1911 (36 Stat. 

5 963; 16 U.S.C. 500). 

6 (3) CATASTROPHIC EVENT.—The term ‘‘cata7 strophic event’’ means an event that the Secretary de8 termines will cause or has caused severe damage to 

9 National Forest System land, including severe fire, 

10 insect or disease infestations, windthrow, or other ex11 treme weather or natural disaster. 

12 (4) CHARGEABLE VOLUME.— 

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

14 volume’’ means only the volume of timber and 

15 other forest products that is counted toward 

16 meeting the allowable sale quantity of a unit of 

17 National Forest System land based on the re18 gionally applicable utilization and 

19 merchantability standards. 

20 (B) EXCLUSION.—The term does not in21 clude post and pole sales and personal use fire22 wood. 

23 (5) COMMUNITY WILDFIRE PROTECTION PLAN.— 

24 The term ‘‘community wildfire protection plan’’ has 

25 the meaning given that term in section 101 of the 


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1 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

2 6511). 

3 (6) COUNTY, SCHOOLS, AND REVENUE TRUST

4 PROJECT.—The terms ‘‘County, Schools, and Revenue 

5 Trust Project’’ and ‘‘trust project’’ mean a project 

6 designated by the Secretary as a project to generate 

7 amounts to help meet the annual revenue require8 ment. 

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

10 means— 

11 (A) land within the National Forest Sys12 tem; and 

13 (B) such portions of the revested Oregon 

14 and California Railroad and reconveyed Coos 

15 Bay Wagon Road grant land as are or may 

16 hereafter come under the jurisdiction of the De17 partment of the Interior, which have heretofore 

18 or may hereafter be classified as timberlands, 

19 and power-site land valuable for timber, that 

20 shall be managed, except as provided in section 

21 3 of the Act of August 28, 1937 (50 Stat. 875; 

22 43 U.S.C. 1181c), for permanent forest produc23 tion. 

24 (8) MINIMUM SALE LEVEL.—The term ‘‘min25 imum sale level’’, for a unit of the National Forest 


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

2 50 percent of the average annual chargeable timber 

3 volume (as measured in net sawtimber volume) sold 

4 from the unit during the period beginning with fiscal 

5 year 1980 through fiscal year 2000, as determined 

6 under section 104. 

7 (9) NATIONAL FOREST SYSTEM.—The term ‘‘Na8 tional Forest System’’ has the meaning given that 

9 term in section 11(a) of the Forest and Rangeland 

10 Renewable Resources Planning Act of 1974 (16 

11 U.S.C. 1609(a)), except that the term does not include 

12 the National Grasslands and land utilization projects 

13 designated as National Grasslands administered pur14 suant to the Act of July 22, 1937 (7 U.S.C. 1010– 

15 1012). 

16 (10) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Agriculture or the designee of the Sec18 retary of Agriculture. 

19 (11) SECRETARY CONCERNED.—The term ‘‘Sec20 retary concerned’’ means— 

21 (A) the Secretary of Agriculture or the des22 ignee of the Secretary of Agriculture with respect 

23 to National Forest System land; and 

24 (B) the Secretary of the Interior or the des25 ignee of the Secretary of the Interior with respect 


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1 to the Federal land described in paragraph 

2 (7)(B). 

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

4 Commonwealth of Puerto Rico. 

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

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

7 Schools, and Revenue Trust established in the Treas8 ury under section 102. 

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

10 Secretary, acting as the trustee of the County, 

11 Schools, and Revenue Trust. 

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

13 (a) ESTABLISHMENT OF TRUST.—There is established 

14 in the Treasury a fund to be known as the ‘‘County, Schools, 

15 and Revenue Trust’’. 

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

17 provide a dependable source of revenue for each beneficiary 

18 county containing National Forest System land. 

19 (c) FIDUCIARY RESPONSIBILITY.—The Trustee has a 

20 fiduciary responsibility to beneficiary counties to use Coun21 ty, Schools, and Revenue Trust Projects to generate 

22 amounts sufficient to satisfy the annual revenue require23 ment established for units of the National Forest System. 

24 (d) TRUST ASSETS.— 


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

2 necessary to implement this title, there is hereby ap3 propriated to the Trust, out of amounts in the Treas4 ury not otherwise appropriated, an amount equal to 

5 $875,000,000 to provide payments under section 108 

6 during fiscal years 2012 and 2013. 

7 (2) PORTION OF RECEIPTS FROM TRUST

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

9 amounts required by section 106(a)(1) to be deposited 

10 in the Trust from County, Schools, and Revenue 

11 Trust Projects. 

12 (e) LIMITATIONS.—The assets of the Trust shall not— 

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

14 paid to, a creditor of a beneficiary county; 

15 (2) be expended other than for the purposes au16 thorized in subsections (b) and (c) of section 107; or 

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

18 funding sources for local schools, facilities, or edu19 cational purposes. 

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

21 of each fiscal year (beginning with fiscal year 2014), the 

22 Secretary shall submit to Congress a report specifying the 

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

24 preceding fiscal year. 


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1 SEC. 103. OPT OUT OPTION. 

2 (a) ELECTION.—A political subdivision of a State that 

3 otherwise satisfies the definition of beneficiary county may 

4 elect not to participate under this title. 

5 (b) TIME AND DURATION OF ELECTION.—An election 

6 to opt out under subsection (a) is effective for a single fiscal 

7 year and must be submitted to the Secretary before the start 

8 of that fiscal year. 

9 (c) EFFECT OF ELECTION.— 

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

11 and Revenue Trust Project may be commenced on Na12 tional Forest System land located in any political 

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

14 Other activities on the National Forest System land 

15 in the political subdivision may be carried out in ac16 cordance with other laws applicable to the National 

17 Forest System land. 

18 (2) COMPLETION OF EXISTING PROJECTS.—Trust 

19 projects underway before the effective date of the opt 

20 out may be completed. 

21 SEC. 104. DETERMINATION OF ANNUAL REVENUE REQUIRE22 MENT AND MINIMUM SALE LEVEL. 

23 Not later than 60 days after the date of the enactment 

24 of this Act, the Secretary shall determine for each unit of 

25 the National Forest System— 


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1 (1) the annual revenue requirement for the unit; 

2 and 

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

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

5 PROJECTS. 

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

7 2014 and each fiscal year thereafter, the Secretary shall 

8 carry out County, Schools, and Revenue Trust Projects in 

9 units of the National Forest System as necessary to achieve 

10 the annual revenue requirement for the unit. The Secretary 

11 is authorized and encouraged to commence the implementa12 tion of trust projects before fiscal year 2014 to begin gener13 ating amounts for deposit in the Trust to supplement the 

14 funds made available under section 102(d)(1). 

15 (b) DESIGNATION OF PROJECTS.— 

16 (1) IN GENERAL.—Except as otherwise provided 

17 in this subsection, the Secretary may designate any 

18 project involving National Forest System land (other 

19 than National Forest System land located in a polit20 ical subdivision that opted out under section 103) as 

21 a County, Schools, and Revenue Trust Project. 

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

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

24 issuance of a special use permit involving land use, 

25 mineral development, power generation, or recVerDate Mar 15 2010 21:36 Dec 31, 2012 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H4019.RH H4019

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1 reational use, and projects implementing a commu2 nity wildfire protection plan. 

3 (3) EXCLUSION OF CERTAIN LAND FROM TRUST

4 PROJECTS.—A trust project shall not be designated on 

5 National Forest System land— 

6 (A) that is a component of the National 

7 Wilderness Preservation System; or 

8 (B) on which the removal of vegetation is 

9 specifically prohibited by Federal law. 

10 (4) MAXIMUM NUMBER OF DESIGNATED

11 PROJECTS.—The maximum number of trust projects 

12 designated by the Secretary for a unit of the National 

13 Forest System for a fiscal year may not exceed the 

14 number of projects necessary to meet the annual rev15 enue requirement for the unit. 

16 (5) STANDARDS FOR TRUST PROJECTS.—A 

17 County, Schools, and Revenue Trust Project shall be 

18 consistent with standards and guidelines contained in 

19 the land and resource management plan or land use 

20 plan for the unit of the National Forest System in 

21 which the project will occur, except that the Secretary 

22 may modify such standards and guidelines for a spe23 cific trust project. 

24 (c) SPECIAL AUTHORITY TO RESPOND TO CATA25 STROPHIC EVENTS.—Notwithstanding subsection (b)(4), the 


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1 Secretary may designate any project conducted in response 

2 to a catastrophic event as a County, Schools, and Revenue 

3 Trust Project. 

4 (d) PUBLIC REVIEW AND REQUIRED ENVIRONMENTAL

5 ANALYSIS.— 

6 (1) PUBLIC NOTICE AND COMMENT.— 

7 (A) PROPOSED PROJECT.—The Secretary 

8 shall publish in the Federal Register notice of a 

9 proposed County, Schools, and Revenue Trust 

10 Project. The public may submit to the Secretary 

11 specific written comments that relate to the trust 

12 project within 30 days after the date of the pub13 lication of the notice. 

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

15 days after the date on which notice was pub16 lished under subparagraph (A) with regard to a 

17 proposed County, Schools, and Revenue Trust 

18 Project, and after taking into account any com19 ments received under such subparagraph, the 

20 Secretary shall designate the final trust project 

21 and publish in the Federal Register notice of the 

22 final designated trust project. 

23 (C) OBJECTIONS.—Only persons who sub24 mitted comments regarding a proposed County, 

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1 paragraph (A) may submit to the Secretary spe2 cific written objections that relate to the final 

3 designated trust project. Any objections regard4 ing the final trust project must be submitted 

5 within 30 days after the date of the publication 

6 of the notice under subparagraph (B). 

7 (2) ENVIRONMENTAL REPORT REQUIREMENT.— 

8 (A) IN GENERAL.—Except as provided 

9 under subparagraph (C), the Secretary shall pre10 pare an environmental report for each final des11 ignated County, Schools, and Revenues Trust 

12 Project within 180 days after the date on which 

13 notice was published under paragraph (1)(A) 

14 with regard to the project. 

15 (B) ELEMENTS OF REPORT.—The environ16 mental report for a trust project shall include at 

17 a minimum the following: 

18 (i) To the extent the Secretary con19 siders appropriate and feasible, an evalua20 tion of the environmental impacts of the 

21 proposed project, including the effect, if 

22 any, on threatened or endangered species 

23 listed under the Endangered Species Act of 

24 1973 (16 U.S.C. 1531 et seq.). 


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1 (ii) Public comments received by the 

2 Secretary regarding the project under sub3 paragraph (A) of paragraph (1), objections 

4 to the project submitted under subpara5 graph (C) of such paragraph, and any re6 sponse to the comments and objections. 

7 (iii) Any modifications to the project 

8 to ensure that the annual revenue require9 ment is met. 

10 (C) SPECIAL DEADLINES FOR PROJECTS IN

11 RESPONSE TO CATASTROPHIC EVENT.—In the 

12 case of a trust project proposed in response to a 

13 catastrophic event, the Secretary shall complete 

14 the environmental report required by this para15 graph within 30 days after the date on which 

16 notice was published under paragraph (1)(A) 

17 with regard to the proposed project. The Sec18 retary shall adjust the deadlines for public com19 ments specified in subparagraphs (A) and (C) of 

20 paragraph (1) as necessary to achieve the expe21 dited reporting requirement imposed by this sub22 paragraph. 

23 (D) COST TO PREPARE ENVIRONMENTAL RE24 PORT.—The costs to prepare the environmental 

25 report for a trust project shall not exceed an 


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1 amount equal to one-third of the estimated value 

2 of the receipts to be generated by the trust 

3 project. 

4 (3) SOLE MEANS FOR ADMINISTRATIVE RE5 VIEW.—The procedures provided by this subsection 

6 are the sole means by which a person may seek ad7 ministrative review of a County, Schools, and Rev8 enue Trust Project. 

9 (4) NO JUDICIAL REVIEW.—There shall be no ju10 dicial review of the environmental report for a Coun11 ty, Schools, and Revenue Trust Project. 

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

13 be deemed to be compliance with the requirements of the 

14 Forest and Rangeland Renewable Resources Planning Act 

15 of 1974 (16 U.S.C. 1601 et seq.), the National Environ16 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.), section 

17 14 of the National Forest Management Act of 1976 (16 

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

19 U.S.C. 1531 et seq.), and the Multiple-Use Sustained-Yield 

20 Act of 1960 (16 U.S.C. 528 et seq.). 

21 SEC. 106. DISTRIBUTION OF AMOUNTS FROM TRUST 

22 PROJECTS. 

23 (a) PERCENTAGE DISTRIBUTION.—The amounts de24 rived from a County, Schools, and Revenue Trust Project 

25 shall be distributed as follows: 


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

2 Schools, and Revenue Trust. 

3 (2) 35 percent shall be deposited in the general 

4 fund of the Treasury for use as provided in subsection 

5 (b). 

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

7 (1) IN GENERAL.—Amounts deposited under sub8 section (a)(2) shall be available, in such amounts as 

9 may be provided in advance in appropriation Acts, 

10 for the Forest Service. 

11 (2) FUNDS FOR PERFORMANCE BASED CASH

12 AWARDS.—Of the amount made available under para13 graph (1) for a fiscal year, the Secretary shall make 

14 available to the responsible officials for units of the 

15 National Forest System up to one percent of the 

16 amount for the purpose of providing performance17 based cash awards under section 4505a of title 5, 

18 United States Code, to employees of the Forest Service 

19 who assist a unit in exceeding its minimum sale level 

20 for the fiscal year. 

21 SEC. 107. PAYMENTS TO BENEFICIARY COUNTIES FROM 

22 COUNTY, SCHOOLS, AND REVENUE TRUST. 

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

24 at the end of each fiscal year, the Secretary shall distribute 

25 all amounts that were deposited in the County, Schools, and 


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1 Revenue Trust from trust projects for that fiscal year to 

2 the States for distribution to beneficiary counties in the 

3 manner provided by section 102(c)(1) of the Secure Rural 

4 Schools and Community Self-Determination Act of 2000 

5 (16 U.S.C. 7112(c)(1)). 

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

7 a beneficiary county under this section shall be subject to 

8 subsections (c)(2) and (d) of section 102 of the Secure Rural 

9 Schools and Community Self-Determination Act of 2000 

10 (16 U.S.C. 7112). 

11 SEC. 108. INITIAL PAYMENTS PENDING IMPLEMENTATION 

12 OF TRUST PROJECTS. 

13 (a) FISCAL YEAR 2012.— 

14 (1) BENEFICIARY COUNTIES.—As soon as prac15 ticable after the end of fiscal year 2012, the Secretary 

16 of Agriculture shall distribute to each beneficiary 

17 county a payment equal to the amount distributed to 

18 the beneficiary county for fiscal year 2010 under sec19 tion 102(c)(1) of the Secure Rural Schools and Com20 munity Self-Determination Act of 2000 (16 U.S.C. 

21 7112(c)(1)). 

22 (2) COUNTIES THAT WERE ELIGIBLE FOR DIRECT

23 COUNTY PAYMENTS.—As soon as practicable after the 

24 end of fiscal year 2012, the Secretary of the Interior 

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1 ment for fiscal year 2010 under section 102(a)(2) of 

2 the Secure Rural Schools and Community Self-Deter3 mination Act of 2000 (16 U.S.C. 7112(a)(2)) a pay4 ment equal to the amount distributed to the county 

5 for fiscal year 2010 under section 102(c)(1) of the Se6 cure Rural Schools and Community Self-Determina7 tion Act of 2000 (16 U.S.C. 7112(c)(1)). 

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

9 end of fiscal year 2013, the Secretary concerned shall dis10 tribute to each beneficiary county that received a payment 

11 under subsection (a)(1) and to each county that received 

12 a payment under subsection (a)(2) a payment equal to 75 

13 percent of the amount distributed to the county under sub14 section (a). 

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

16 distributed under this section shall be derived from funds 

17 in the County, Schools, and Revenue Trust. 

18 (d) USE OF FUNDS.—The distribution under this sec19 tion of amounts to a beneficiary county shall be subject to 

20 subsections (c)(2) and (d) of section 102 of the Secure Rural 

21 Schools and Community Self-Determination Act of 2000 

22 (16 U.S.C. 7112). The distribution under this section of 

23 amounts to a county described in subsection (a)(2) shall 

24 be subject to subsection (d) of such section. 


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1 TITLE II—PAYMENT IN LIEU OF 

2 TAXES AMENDMENTS 

3 SEC. 201. EXTENSION. 

4 Section 6906 of title 31, United States Code, is amend5 ed by striking ‘‘2012’’ and inserting ‘‘2017’’. 

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

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

8 amended— 

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (I); 

11 (2) by striking the period at the end of subpara12 graph (J) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(K) title I of the Federal Forests County 

16 Revenue, Schools, and Jobs Act of 2012.’’. 

17 SEC. 203. CONGRESSIONAL NOTIFICATION AND PUBLICA18 TION OF INFORMATION. 

19 Section 6903 of title 31, United States Code, is amend20 ed by adding at the end the following new subsections: 

21 ‘‘(e) CONGRESSIONAL NOTIFICATION.—The Secretary 

22 of the Interior shall submit to the Committee on Energy 

23 and Natural Resources of the Senate and the Committee on 

24 Natural Resources of the House of Representatives a list of 

25 States that have not submitted to the Secretary the data 


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1 required to calculate payments under this chapter by Janu2 ary 15 of each year. 

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

4 shall— 

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

6 Department of the Interior website a list of States 

7 that have not submitted to the Secretary the data re8 quired to calculate payments under this chapter by 

9 February 1 of each year; and 

10 ‘‘(2) update the list published on the Department 

11 of the Interior website under paragraph (1) to reflect 

12 any changes in the list. 

13 ‘‘(g) ISSUANCE OF PAYMENTS.—Not later than May 1 

14 of each fiscal year, the Secretary of the Interior shall issue 

15 the payments authorized under this chapter.’’. 

16 TITLE III—FOREST SERVICE 

17 RECREATION RESIDENCE 

18 PROGRAM 

19 SEC. 301. DEFINITIONS. 

20 In this title: 

21 (1) AUTHORIZATION; AUTHORIZE.—The terms 

22 ‘‘authorization’’ and ‘‘authorize’’ mean the issuance of 

23 a special use permit for the use and occupancy of Na24 tional Forest System land by a cabin owner under the 

25 Recreation Residence Program. 


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1 (2) CABIN.—The term ‘‘cabin’’ means a pri2 vately built and owned recreation residence and re3 lated improvements on National Forest System land 

4 that— 

5 (A) is authorized for private use and occu6 pancy; and 

7 (B) may be sold or transferred between pri8 vate parties. 

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

10 means— 

11 (A) a person authorized by the Secretary to 

12 use and to occupy a cabin; and 

13 (B) a trust, heir, or assign of a person de14 scribed in subparagraph (A). 

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

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

17 States on the transfer of a cabin between private par18 ties for money or other consideration that results in 

19 the issuance of a new permit. 

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

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

22 by a cabin owner in accordance with an authoriza23 tion for the use and occupancy of a cabin. 


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1 (6) CURRENT APPRAISAL CYCLE.—The term 

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

3 Forest Service review and acceptance of— 

4 (A) initial typical lot appraisals; and 

5 (B) second appraisals, if ordered by cabin 

6 owners and approved by the Forest Service. 

7 (7) CURRENT CABIN USER FEE.—The term ‘‘cur8 rent cabin user fee’’ means the most recent cabin user 

9 fee, as adjusted under section 302(c). 

10 (8) LOT.—The term ‘‘lot’’ means a parcel of Na11 tional Forest System land on which a person is au12 thorized to build, use, occupy, and maintain a cabin. 

13 (9) NATIONAL FOREST SYSTEM.—The term ‘‘Na14 tional Forest System’’ has the meaning given that 

15 term in section 11 of the Forest and Rangeland Re16 newable Resources Planning Act of 1974 (16 U.S.C. 

17 1609). 

18 (10) RECREATION RESIDENCE PROGRAM.—The 

19 term ‘‘Recreation Residence Program’’ means the 

20 Recreation Residence Program established under the 

21 last paragraph under the heading ‘‘FOREST SERV22 ICE’’ in the Act of March 4, 1915 (16 U.S.C. 497). 

23 (11) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Agriculture, acting through the Chief 

25 of the Forest Service. 


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

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

3 that is selected for use in an appraisal as being rep4 resentative of, and that has similar value characteris5 tics as, other lots or groups of lots within the tract. 

6 SEC. 302. CABIN USER FEES. 

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

8 shall pay an annual cabin user fee established by the Sec9 retary in accordance with this section. 

10 (b) INITIAL CABIN USER FEES.— 

11 (1) ESTABLISHMENT.—The Secretary shall estab12 lish initial cabin user fees in accordance with this 

13 subsection. 

14 (2) ASSIGNMENT TO VALUE TIERS.—On comple15 tion of the current appraisal cycle, as required by 

16 paragraph (4), the Secretary shall assign each per17 mitted lot on National Forest System land to 1 of 9 

18 tiers based on the following considerations: 

19 (A) Before assigning the lots to tiers, all ap20 praised lot values shall be adjusted, or normal21 ized, for price changes occurring after the ap22 praisal, in accordance with the National Asso23 ciation of Homebuilders/Wells Fargo Housing 

24 Opportunity Index. 


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1 (B) Second appraisal values that meet For2 est Service standards for approval shall super3 sede initial lot appraisal values for the normal4 ization and ranking process under subparagraph 

5 (A). 

6 (C) The tiers shall be established, on a na7 tional basis, according to relative lot value, with 

8 lots having the lowest adjusted appraised value 

9 assigned to tier 1 and lots having the highest ad10 justed appraised value assigned to tier 9. 

11 (D) The number of lots (by percentage) as12 signed to each tier is contained in the table set 

13 forth in paragraph (3). 

14 (E) Data from incomplete appraisals may 

15 not be used to establish the fee tiers under this 

16 subsection. 

17 (F) Until assigned to a tier under this sub18 section, the Secretary shall assess (and may ad19 just annually subject to clause (ii)) an interim 

20 fee for permitted cabin lots (including lots with 

21 incomplete appraisals) in an amount equal to 

22 the lesser of— 

23 (i) $4,500; or 

24 (ii) the amount of the current cabin 

25 user fee, as determined under the Cabin 


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

2 6201 et seq.), which amount the Secretary 

3 may increase annually by not more than 25 

4 percent, except that the increased fee shall 

5 not exceed the otherwise scheduled fee deter6 mined under the Cabin User Fee Fairness 

7 Act of 2000. 

8 (3) AMOUNT OF INITIAL CABIN USER FEES.—The 

9 initial cabin user fees, based on the assignments 

10 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. 

11 (4) DEADLINE FOR COMPLETION OF CURRENT

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

13 date of enactment of this Act, the Secretary shall com14 plete the current appraisal cycle. 


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

2 fees required by this subsection shall take effect begin3 ning with the first calendar year beginning after the 

4 completion of the current appraisal cycle. 

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

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

7 the tier assignments under subsection (b)(2), the Secretary 

8 shall use changes in the Implicit Price Deflator for the 

9 Gross Domestic Product published by the Bureau of Eco10 nomic Analysis of the Department of Commerce, applied 

11 on a 5-year rolling average, to assess an annual adjustment 

12 to cabin user fees. 

13 (d) EFFECT OF DESTRUCTION, SUBSTANTIAL DAMAGE, 

14 OR LOSS OF ACCESS.— 

15 (1) IN GENERAL.—The Secretary shall reduce the 

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

17 (A) the cabin is destroyed or suffers sub18 stantial damage in an amount that is greater 

19 than 50 percent of replacement cost of the cabin; 

20 or 

21 (B) access to the cabin is significantly im22 paired, whether by catastrophic events, natural 

23 causes, or governmental actions. 


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

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

3 of— 

4 (A) the last day of the year in which the de5 struction or impairment occurs; or 

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

7 lawfully reoccupied and normal access has been 

8 restored. 

9 SEC. 303. CABIN TRANSFER FEES. 

10 (a) PAYMENT OF CABIN TRANSFER FEES.—In con11 junction with the transfer of ownership of any cabin and 

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

13 the cabin shall file with the Secretary a sworn statement 

14 declaring the amount of money or other value received, if 

15 any, for the transfer of the cabin. 

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

17 Secretary of a new authorization for the use and occupancy 

18 of the cabin, the cabin owner transferring the cabin shall 

19 pay to the Secretary a cabin transfer fee in an amount de20 termined 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 


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Consideration Received by Transfer Transfer Fee Amount 

$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. 

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

2 Implicit Price Deflator for the Gross Domestic Product pub3 lished by the Bureau of Economic Analysis of the Depart4 ment of Commerce, applied on a 5-year rolling average, to 

5 determine and apply an annual adjustment to the cabin 

6 transfer fee threshold amounts set forth in the table con7 tained in subsection (b). 

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

9 (a) RIGHT OF APPEAL.— 

10 (1) IN GENERAL.—Notwithstanding any action 

11 of a cabin owner to exercise rights in accordance with 

12 section 305, the Secretary shall by regulation grant to 

13 the cabin owner the right to an administrative appeal 

14 of the determination of a new cabin user fee, fee tier, 

15 cabin transfer fee, or whether or not to reduce a cabin 

16 user fee under section 302(d). 

17 (2) APPLICABLE LAW.—An appeal under para18 graph (1) shall be pursuant to the appeal process pro19 vided under subpart C of part 251 of title 36, Code 

20 of Federal Regulations (or a successor regulation). 

21 (b) JUDICIAL REVIEW.— 


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

2 final decision of the Secretary under this title may 

3 bring a civil action in United States district court. 

4 (2) VENUE.—The venue for an action brought be5 fore the United States district court under this sub6 section shall be in the Federal judicial district in 

7 which the cabin is located or the permit holder re8 sides. 

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

10 title precludes a person from seeking mediation for an 

11 action under this title. 

12 SEC. 305. EFFECT. 

13 (a) IN GENERAL.—Nothing in this title limits or re14 stricts any right, title, or interest of the United States in 

15 or to any land or resource. 

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

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

18 not establish or impose a cabin user fee or a condition af19 fecting a cabin user fee that is inconsistent with 1303(d) 

20 of the Alaska National Interest Lands Conservation Act (16 

21 U.S.C. 3193(d)). 

22 SEC. 306. REGULATIONS. 

23 Not later than December 31, 2013, the Secretary shall 

24 issue regulations to carry out this title. 


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Union Calendar No. 539 

112TH CONGRESS 

2D SESSION H. R. 4019 

[Report No. 112–737, Part I] 

A BILL 

To increase employment and educational opportunirevenue from such land, and for other purposes. providing such counties a dependable source of also reducing the cost of managing such land, by counties containing Federal forest land, while ties in, and improve the economic stability of, 

DECEMBER 31, 2012 

Reported from the Committee on Natural Resources with 

an amendment 

DECEMBER 31, 2012 

The Committee on Agriculture discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


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