39–010 

Calendar No. 397 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–171 

CABIN FEES 

MAY 22, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1341] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1341) to modify the Forest Service Recreation 

Residence Program as the program applies to units of the National 

Forest System derived from the public domain by implementing a 

simple, equitable, and predictable procedure for determining cabin 

user fees, and for other purposes, having considered the same, reports favorably thereon with an amendment and an amendment to 

the title and recommends that the bill, as amended, do pass. 

The amendments are as follows: 

1. On page 2, line 14, strike ‘‘Until’’ and insert ‘‘During the period beginning on January 1, 2014, and ending on’’. 

2. Amend the title so as to read: ‘‘A bill to modify the Forest 

Service recreation residence program to implement a simple, equitable, and predictable procedure for determining cabin user fees, 

and for other purposes.’’. 

PURPOSE

The purpose of S. 1341 is to establish new rates for recreation 

residence permits on National Forest System lands. 

BACKGROUND AND NEED

In 1915 the Forest Service began issuing permits for individuals 

to build cabins on National Forest System lands under a Recreation Residence program. This program generally authorized permits for terms of up to 20 years at a nominal fee. Although there 

was initially relatively little recreational use on national forests, 

over the years use of forest lands for recreation residences became 


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highly prized, and by the 1950s the Forest Service was directed to 

charge permit fees approaching fair market value. 

With increasing development of similar lands for ski resorts and 

forest and lake communities, the comparable values for these permits increased dramatically, occasionally resulting in large fee increases for recreation residence permits. In response to the controversy resulting from large proposed fee increases, Congress several times included fee moratoriums as part of the Forest Service’s 

annual appropriations bill. 

In an effort to resolve the permit fee valuation issue, in 2000 

Congress enacted the Cabin User Fee Fairness Act (CUFFA) as an 

amendment to the Interior and Related Agencies Appropriations 

Act (title VI of Public Law 106–291). The provisions of CUFFA 

were in large part developed based on input from recreation residence permit holders. The law’s purpose was to ensure that the National Forest System Residence Program continued to preserve recreational opportunities for cabin owners and users. 

CUFFA established guidelines for the appraisal process, based on 

a percentage of the fair market value of the public land. Although 

the Act was enacted in response to complaints by cabin owners of 

unreasonably high and unpredictable permit fees, the controversy 

over appropriate fee levels has continued. Some public lands have 

a significantly higher market value due to their proximity to the 

recreational opportunities available on public lands, so the value of 

those cabin permits increased significantly. Other permit holders 

faced large fee increase when out-of-date appraisals were finally 

updated reflecting new and often times much higher values. According to the Forest Service, of the 14,000 cabins that are currently permitted, only 8,000 have had a recent appraisal. 

S. 1341 would establish a new fee system for recreation residence 

permits, comprised of an eleven-tier fee system with a specified 

permit fee for each tier, indexed for inflation. Each permit would 

be allocated to a specific tier based on the value of the underlying 

land relative to other permits. 

LEGISLATIVE HISTORY

S. 1341 was introduced by Senator Tester and others on July 23, 

2013. The Subcommittee on Public Lands, Forests, and Mining 

held a hearing on S. 1341 on November 20, 2013. At its business 

meeting on December 19, 2013, the Committee ordered the measure favorably reported. 

Representative Hastings introduced similar legislation, H.R. 

1159, in the House of Representatives on March 14, 2013. The 

House Committee on Natural Resources ordered the bill reported 

on March 20, 2013. 

Senator Tester introduced similar legislation in the 112th Congress, S. 1906. The Subcommittee on Public Lands and Forests 

held a hearing on March 22, 2012 (S. Hrg. 112–642). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on December 19, 2013, by a voice vote of a 

quorum present, recommends that the Senate pass S. 1341, if 

amended as described herein. 


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COMMITTEE AMENDMENTS

During its consideration of S. 1341, the Committee adopted an 

amendment and an amendment to the title. The amendment concerns the interim fee established under section 2. That section provides that the interim fee shall be charged until the current appraisal cycle for recreational residences is completed. The amendment makes the interim fee effective January 1, 2014, and staying 

in effect until the appraisal cycle is completed. 

The Committee also adopted an amendment to the title to clarify 

that the bill applies to the entire Forest Service recreation residence program, and not just on National Forests derived from the 

public domain. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Cabin Fee Act of 2013.’’ 

Section 2(a) directs the Secretary of Agriculture (Secretary) to establish a fee in accordance with this section for the issuance of a 

special use permit for the use and occupancy of recreational residences on National Forest lands. 

Subsection (b) requires the Secretary to complete the current appraisal cycle for recreational residences required under the Cabin 

User Fees Fairness Act of 2000 (CUFFA) no later than 2 years 

after the date of enactment of this Act. 

Subsection (c) provides that the Secretary shall assess an interim 

fee for recreational residences on National Forest lands beginning 

on January 1, 2014 and ending on the date on which the current 

appraisal cycle is completed under subsection (b). The interim fee 

is to be equal to the lesser of the determined under CUFFA (with 

any annual fee increase limited to not more than 25 percent), or 

$5,500. 

Subsection (d)(1) requires the Secretary to make a one-time adjustment to the value of each appraised recreational residence lot 

to reflect any change in value occurring after the date of the most 

recent appraisal. The adjustment is to take place upon the completion of the current appraisal cycle and shall be adjusted in accordance with the 4th quarter 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. 

Paragraph (2) authorizes a recreational residence permittee to 

arrange for a second appraisal of a recreational residence lot, so 

long as the appraisal is conducted in accordance with applicable 

Federal standards. The value established by a second appraisal 

shall be the value assigned to the lot for purposes of fee calculation. 

Subsection (e)(1) contains the table establishing fees for recreational residences on National Forest lands which will become effective after the lot values have been adjusted in accordance with 

subsection (d). The table contains 11 fee tiers, with annual fees 

ranging between $500 and $5,500. Each fee tier includes a specified 

percentage of recreational residence permits, as identified in the 

table. 

Paragraph (2) provides that annual increases or decreases in the 

fee shall be determined in accordance with changes in the Implicit 

Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis, applied on a 5-year rolling average. 


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Paragraph (3) states that the Secretary may suspend or reduce 

the annual fee if access to, or occupancy of a recreational residence 

is significantly restricted, and that a decision by the Secretary to 

suspend or reduce the fee may be appealed. 

Subsection (f) requires the Secretary to submit to the Senate and 

House authorizing committees a report analyzing the annual fees 

to ensure that the they reflect fair value for the use of the land for 

recreational residence purposes, taking into account all use limitations and restrictions. The report is to be submitted 10 years after 

the date of enactment of this Act, and shall include any recommendations of the Secretary with respect to modifying the fee 

system. 

Section 3 establishes a new $1,200 fee for the issuance of a new 

recreational residence permit due to a change of ownership. The 

Secretary shall adjust the fee annually in the same manner as the 

annual recreation residence fees are adjusted. 

Section 4(a) clarifies that nothing in this Act limits or restricts 

and right, title, or interest of the United States in or to any land 

or resource in the National Forest System. 

Subsection (b) prohibits the Secretary from establishing or imposing a fee or condition under this Act for permits in Alaska that 

is inconsistent with section 1303(d) of the Alaska National Interest 

Lands Conservation Act (16 U.S.C. 3193(d)). That provision provides for the renewal or continuation of valid leases or permits in 

effect on December 2, 1980, for cabins, homesites, or similar structures on Federal lands in Alaska. 

Section 5 authorizes the Forest Service to retain any fees collected under this Act beginning on October 1, 2023, and to expend 

them, without further appropriation, to administer the recreational 

residence program and other recreation programs carried out on 

National Forest System land. 

Section 6 repeals CUFFA effective on the date of the assessment 

of annual permit fees in accordance with section 2(e), as certified 

to Congress by the Secretary. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1341—Cabin Fee Act of 2013 

Summary: S. 1341 would establish a new schedule for the fees 

paid to the federal government by individuals who own cabins located on Forest Service lands. The bill also would authorize the 

Forest Service to spend, without further appropriations, receipts 

from cabin fees after 2023. Finally, the bill would establish a fee 

that would be assessed on individuals who transfer ownership of 

their cabins. Based on information provided by the Forest Service, 

CBO estimates that enacting the legislation would increase net direct spending by $71 million over the 2015–2024 period; therefore, 

pay-as-you-go procedures apply. Enacting S. 1341 would not affect 

revenues. 

S. 1341 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 


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Estimated cost to the Federal Government: The estimated budgetary impact of S. 1341 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015– 

2019 

2015– 

2024 

CHANGES IN DIRECT SPENDING 

Reduction in Cabin Fees: 

Estimated Budget Authority a ................ 7 4 4 4 4 4 4 5 5 5 23 46 

Estimated Outlays ................................. 7 4 4 4 4 4 4 5 5 5 23 46 

Administrative Costs: 

Estimated Budget Authority .................. 0 0 0 0 0 0 0 0 0 31 0 31 

Estimated Outlays ................................. 0 0 0 0 0 0 0 0 0 31 0 31 

Cabin Transfer Fee: 

Estimated Budget Authority .................. * * * ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥2 ¥5 

Estimated Outlays ................................. * * * ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥1 ¥2 ¥5 

Total Changes: 

Estimated Budget Authority .................. 7 3 4 4 4 4 4 4 4 35 20 71 

Estimated Outlays ................................. 7 3 4 4 4 4 4 4 4 35 20 71 

Notes: Amounts may not sum to totals because of rounding; *= between $0 and ¥$500,000. a Because the fees already paid by some cabin owners for 2014 would exceed the amounts that would be owed in that year under the bill, 

CBO expects that the Forest Service would provide refunds to those cabin owners in 2015. 

Basis of Estimate: For this estimate, CBO assumes that the legislation will be enacted in 2014. 

CBO estimates that enacting S. 1341 would increase net direct 

spending by $71 million over the 2015–2024 period. Over that period, fees collected from cabin owners by the Forest Service would 

total $46 million less than would be collected under current law 

(such losses are shown as an increase in direct spending). In addition, direct spending for administrative costs would increase by 

about $31 million in 2024. Finally, proceeds from the cabin transfer 

fee required under S. 1341 would increase receipts (thus reducing 

direct spending) by $5 million over the 2015–2024 period. 

Reduction in Cabin Fees 

S. 1341 would establish a new schedule for fees assessed on cabins located on Forest Service lands. Under current law, owners of 

the roughly 14,000 affected cabins pay an annual fee to the federal 

government equal to 5 percent of the appraised value of the occupied land. Based on information provided by the agency, CBO estimates that fee collections from those cabins will total $29 million 

in 2014 and that those collections will increase to about $36 million 

a year by 2024. Collections will increase over that period as the 

agency completes appraisals of the affected Forest Service lands, 

implements new fees based on those appraisals, and annually adjusts fees on all cabins to account for inflation. 

Under the new fee schedule that would be established by the bill, 

cabin owners would pay an annual fee per cabin of at least $500 

plus an additional amount that would depend on the appraised 

value of the occupied land and the maximum fee set by the Forest 

Service (which could not exceed $5,500). CBO expects that those 

fees would go into effect in 2017, after the Forest Service has completed all of the appraisals required under the bill. Once implemented, CBO estimates that new cabin fee collections would total 

$27 million in 2017 and would reach $31 million by 2024. 


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Under S. 1341, the fees paid by cabin owners would increase 

more slowly over the 2014–2016 period than they would under current law. In addition, CBO expects that under the legislation, the 

Forest Service would set a maximum fee of less than $5,500 per 

cabin beginning in 2017. As a result, CBO estimates that, on average, cabin owners would pay about $400 less in fees per cabin 

under the bill than they would under current law over the 2014– 

2024 period. That estimate incorporates an adjustment for inflation 

and CBO’s estimate that some cabins would be abandoned under 

current law because of higher cabin fees. In total, CBO estimates 

that implementing this provision would reduce offsetting receipts 

by $46 million over the 2015–2024 period. 

Administrative Costs 

The bill would authorize the Forest Service to spend, without further appropriations, receipts from cabin fees collected after 2023. 

The agency would use those amounts to cover the costs of administering recreation programs in National Forests. Because receipts 

from cabin fees cannot be spent without further appropriation 

under current law, CBO estimates that enacting this provision 

would increase direct spending by $31 million in 2024. 

Cabin Transfer Fees 

S. 1341 would require the Forest Service to collect a fee of $1,200 

from cabin owners who transfer ownership of their cabins. That fee 

would be adjusted annually to account for inflation. CBO estimates 

that enacting this provision would increase offsetting receipts, 

which are treated as reductions in direct spending, by $5 million 

over the 2015–2024 period, based on information provided by the 

Forest Service regarding the number of permits issued to new owners each year. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1341 AS ORDERED REPORTED BY THE 

SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON DECEMBER 19, 2013 

By fiscal year, in millions of dollars— 

2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014– 

2019 

2014– 

2024 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-You-Go Impact .. 0 7 3 4 4 4 4 4 4 4 35 20 71 

Intergovernmental and private-sector impact: S. 1341 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Previous CBO estimates: On April 5, 2013, CBO transmitted a 

cost estimate for H.R. 1159, the Cabin Fee Act of 2013, as ordered 

reported by the House Committee on Natural Resources on March 

20, 2013. The Senate bill would require additional appraisals to be 

conducted following the completion of the ongoing appraisal cycle 

and would allow the Forest Service flexibility in establishing a new 


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maximum fee for cabins. In addition, under S. 1341, the cabin 

transfer fee would be adjusted for inflation and affect more cabin 

owners. Finally, the cost estimate for S. 1341 incorporates new information provided by the agency regarding the appraised values 

of all cabins located on Forest Service lands. Those differences are 

reflected in the cost estimates for the two bills. 

Estimate prepared by: Federal Costs: Jeff LaFave, Impact on 

State, Local, and Tribal Governments: Melissa Merrell, Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1341. 

The bill would directly affect approximately 14,000 holders of 

recreation residence permits on National Forest System lands. 

However, the bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic 

responsibilities on private individuals and businesses. The Department of Agriculture has identified the cost of administering the 

recreation residence program, and the cost of conducting appraisals 

of cabin lots required under current law in particular, as a significant financial burden on the agency. S. 1341 will significantly reduce that burden by eliminating the need for periodic appraisals. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1341, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1341, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by Forest Service at the November 20, 

2013, Subcommittee on Public Lands, Forests, and Mining hearing 

on S. 1341 follows: 

STATEMENT OF LESLIE A. C. WELDON, DEPUTY CHIEF, NATIONAL FOREST SYSTEM, FOREST SERVICE, DEPARTMENT

OF AGRICULTURE

Chairman Manchin, Ranking Member Barrasso and 

members of the Subcommittee, thank you for the opportunity to appear before you today to provide the Department of Agriculture’s views on S. 1341, the Cabin Fee Act 

of 2013. 

The Department supports S. 1341. 

In the early part of the twentieth century, the Forest 

Service began introducing Americans to the beauty and 


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grandeur of their National Forests. One way to accomplish 

this objective was to permit individuals to build cabins for 

summertime occupancy and use within the National Forests. Cabin owners were permitted to occupy and use National Forest System (NFS) lands during the summer 

months in exchange for a fee. In 1915, the agency began 

to issue permits of up to twenty years for occupancy and 

use of NFS land. At that time, there was relatively little 

recreational use of the National Forests. Today, the National Forests host over 175 million visitors per year. 

When this recreational cabin program began, there was 

limited interest in building and owning a remote cabin on 

NFS land. In the early years, fees were nominal, but since 

the 1950s, the Forest Service has been mandated to obtain 

fees approximating market value for the occupancy and 

use of NFS land. Increasing fees have led to controversy 

and have resulted in enactment of multiple fee moratoriums and caps over the years. The current law (Public 

Law 106–291, the Cabin Use Fee Fairness Act of 2000 

(CUFFA)) was the last attempt to achieve an equitable fee 

for the use of National Forest System land. 

CUFFA prescribes parameters for the appraisal process 

and the fees are based on five percent of the appraised 

market value of the lot under permit adjusted annually for 

inflation. The agency began the appraisal process pursuant 

to CUFFA in 2007, and is continuing that effort presently. 

As cabin lot permitees received notice of the new fees, 

some have experienced substantial increases because the 

old fees were based on appraisals completed ten to thirty 

years ago. In response, Congress included appropriations 

language for calendar year (CY) 2010 which limited fee increases to no more than 25% of the fee paid in calendar 

year 2009. For CY 2011 Recreation Residences fees were 

held at the fee paid the previous year (CY 2010) however, 

the 2011 fee was adjusted for inflation. For CY 2012 

Recreation Residence fees that were subject to a new base 

fee resulting from an appraisal in either CY 2011 or CY 

2012 were implemented and limited to a 25% increase over 

the amount billed in CY 2011. If the new base fee to be 

implemented did not exceed 125% of the fee paid in CY 

2011, the fee was fully implemented. Recreation residence 

fees that were not subject to first year implementation of 

a new base fee were subject to the annual index. For CY 

2013, the Agency issued bills pursuant to the annual fee 

determined under CUFFA for those recreation residence 

lots that had current appraisals implemented after an administrative appeal review. If the appraisal for a recreation residence lot was not completed or the subject of an 

administrative appeal for CY 2013, then the CY 13 annual 

fee was based upon the previous year’s fee adjusted for inflation. 

S. 1341 the Cabin Fee Act of 2013 would replace CUFFA 

on National Forest System lands and revise the procedures 

for determining the amount the holder of a Special Use 

Permit for a private cabin on the National Forests must 


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pay to occupy and use the underlying public property. The 

bill would require the agency to place cabin lot values in 

eleven categories based on an appraisal and complete remaining appraisals within two years of enactment. It 

would create eleven tiers or categories ranging from 

$500.00 to $5,500.00 annually and provide for an additional payment on the sale or transfer of the cabin. The 

Department appreciates the addition of the tenth and eleventh tiers which helps to close the gap between annual 

fees and market value. However, to further close the gap 

between annual fees and market value, the Department 

would like to discuss with the Committee a graduated 

transfer fee that better reflects the value of the fee tiers. 

During the transition from CUFFA to the Cabin Fee Act 

the Secretary would be required to assess an interim annual fee for recreational residences on National Forest 

System lands. The interim fee amount must be equal to 

the lesser of the fee determined under CUFFA, subject to 

the requirement that any increase over the fee assessed 

during the previous year shall be limited to not more that 

25% or $5,500.00, which is the scheduled amount for tier 

11. This provision of the Cabin Fee Act would ensure that 

Recreational Residence permit holders would have some 

protection from steeply escalating annual permit fees. 

The Bill would require an annually adjustable transfer 

fee of $1,200.00 for the issuance of a new recreational residence lot permit due to a change of ownership of the recreational residence. The Bill requires the Secretary to annually increase or decrease the transfer fee, based on the 

Implicit Price Deflator of the Gross Domestic Product, applied on a rolling 5-year average. This provision would ensure that the United States would be able to collect a flat 

fee for transferring a Recreational Residence lot permit. 

The cost of administration for the Recreational Residence Program pursuant to CUFFA is a significant financial burden for the agency. Based on a recent study in 

California (US Forest Service, Region 5), the Agency estimates the cost of administration is from $500 to $700 per 

cabin lot, along with recurring appraisal costs that can approach $1 million per year. The study showed that the administration of this program accounts for some fifteen percent of this Region’s total recreation budget. While there 

are some 14,000 cabin lot permitees, there are 175 million 

visitors to the National Forests each year. S. 1341 would 

reduce the administrative burden by eliminating the requirements for reappraisals not less than every 10 years 

while applying the savings to provide for a quality recreational experience with continued protection of the environment for all who use the National Forests. 

The Department wishes to clarify the purpose of the bill 

which refers to lands ‘‘derived from the public domain,’’ 

and the bill text refers to National Forest System lands. 

We would request that the bill purpose be changed to reflect the bill text so that it is clear that this legislation apVerDate Mar 15 2010 07:40 May 28, 2014 Jkt 039010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6969 E:\HR\OC\SR171.XXX SR171

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plies to all National Forest System land; that is acquired 

lands and lands reserved from the public domain. 

The Forest Service recognizes that there are helpful reforms in this bill over the current Public Law (106–291). 

From an administrative perspective, this bill would reduce 

the agency’s re-appraisal costs while providing resources to 

manage the program in the long term. For the Recreational Residence permit holders, it would provide certainty for cabin fees. 

In closing, the Department supports S. 1341 and appreciates the opportunity to work with the bill’s sponsor and 

the Committee’s staff to develop legislation that will benefit taxpayers, cabin owners, and other users of the National Forests and Grasslands, and which can be administered without undue burden on the agency. 

This concludes my statement and I would be happy to 

answer any questions you may have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

1341, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

CABIN USER FEES FAIRNESS ACT OF 2000 

Title VI of the Department of the Interior and Related Agencies 

Appropriations Act, 2001 

Public Law 106–291 

øTITLE VI—USER FEES UNDER FOREST 

SYSTEM RECREATION RESIDENCE PROGRAM 

øSEC. 601. SHORT TITLE. 

øThis title may be cited as the ‘‘Cabin User Fee Fairness Act of 

2000’’. 

øSEC. 602. FINDINGS. 

øCongress finds that— 

ø(1) cabins located on forest land have provided a unique 

recreation experience to a large number of cabin owners, their 

families, and guests each year since Congress authorized the 

recreation residence program in 1915; and 

ø(2) the fact that current appraisal procedures have, in certain circumstances, been inconsistently applied in determining 

fair market values for residential lots demonstrates that problems exist in accurately reflecting market values. 

øSEC. 603. PURPOSES. 

øThe purposes of this title are— 

ø(1) to ensure, to the maximum extent practicable, that the 

National Forest System recreation residence program is manVerDate Mar 15 2010 07:40 May 28, 2014 Jkt 039010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR171.XXX SR171

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aged to preserve the opportunity for individual and family-oriented recreation; and 

ø(2) to develop and implement a more consistent procedure 

for determining cabin user fees, taking into consideration the 

limitations of an authorization and other relevant market factors. 

øSEC. 604. DEFINITIONS. 

øIn this title: 

ø(1) AGENCY.—The term ‘‘agency’’ means the Forest Service. 

ø(2) AUTHORIZATION.—The term ‘‘authorization’’ means a 

special use permit for the use and occupancy of National Forest System land by a cabin owner under the authority of the 

program. 

ø(3) BASE CABIN USER FEE.—The term ‘‘base cabin user fee’’ 

means the fee for an authorization that results from the appraisal of a lot as determined in accordance with sections 606 

and 607. 

ø(4) CABIN.—The term ‘‘cabin’’ means a privately built and 

owned recreation residence that is authorized for use and occupancy on National Forest System land. 

ø(5) CABIN OWNER.—The term ‘‘cabin owner’’ means— 

ø(A) a person authorized by the agency to use and to occupy a cabin on National Forest System land; and 

ø(B) an heir or assign of such a person. 

ø(6) CABIN USER FEE.—The term ‘‘cabin user fee’’ means a 

special use fee paid annually by a cabin owner to the Secretary 

in accordance with this title. 

ø(7) CARETAKER CABIN.—The term ‘‘caretaker cabin’’ means 

a caretaker residence occupied in limited cases in which caretaker services are necessary to maintain the security of a tract. 

ø(8) CURRENT CABIN USER FEE.—The term ‘‘current cabin 

user fee’’ means the most recent cabin user fee that results 

from an annual adjustment to the base cabin user fee in accordance with section 608. 

ø(9) LOT.—The term ‘‘lot’’ means a parcel of land in the National Forest System— 

ø(A) on which a cabin owner is authorized to build, use, 

occupy, and maintain a cabin and related improvements; 

and 

ø(B) that is considered to be in its natural, native state 

at the time at which a use of the lot described in subparagraph (A) is first permitted by the Secretary. 

ø(10) NATURAL, NATIVE STATE.—The term ‘‘natural, native 

state’’ means the condition of a lot or site, free of any improvements, at the time at which the lot or site is first authorized 

for recreation residence use by the agency. 

ø(11) PROGRAM.—The term ‘‘program’’ means the recreation 

residence program established under the authority of the last 

paragraph under the heading ‘‘FOREST SERVICE’’ in the Act 

of March 4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497). 

ø(12) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest 

Service. 


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ø(13) TRACT.—The term ‘‘tract’’ means an established location within a National Forest containing 1 or more cabins authorized in accordance with the program. 

ø(14) TRACT ASSOCIATION.—The term ‘‘tract association’’ 

means a cabin owner association in which all cabin owners 

within a tract are eligible for membership. 

ø(15) TYPICAL LOT.—The term ‘‘typical lot’’ means a cabin lot, 

or a 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. 

øSEC. 605. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM. 

øThe Secretary shall ensure, to the maximum extent practicable, 

that the basis and procedure for calculating cabin user fees results 

in a fee for an authorization that reflects, in accordance with this 

title— 

ø(1) the market value of a lot; and 

ø(2) regional and local economic influences. 

øSEC. 606. APPRAISALS. 

ø(a) REQUIREMENTS FOR CONDUCTING APPRAISALS.—In implementing and conducting an appraisal process for determining cabin 

user fees, the Secretary shall— 

ø(1) complete an inventory of improvements that were paid 

for by— 

ø(A) the agency; 

ø(B) third parties; or 

ø(C) cabin owners (or predecessors of cabin owners), 

during the completion of which the Secretary shall presume 

that a cabin owner, or a predecessor of the owner, has paid for 

the capital costs of any utility, access, or facility serving the lot 

being appraised, unless the Forest Service produces evidence 

that the agency or a third party has paid for the capital costs; 

ø(2) establish an appraisal process to determine the market 

value of the fee simple estate of a typical lot or lots considered 

to be in a natural, native state, subject to subsection (b)(4)(A); 

ø(3) enter into a contract with an appropriate professional 

appraisal organization to manage the development of specific 

appraisal guidelines in accordance with subsection (b), subject 

to public comment and congressional review; 

ø(4) require that an appraisal be performed by a State-certified general real estate appraiser, selected by the Secretary 

and licensed to practice in the State in which the lot is located; 

ø(5) provide the appraiser with appraisal guidelines developed in accordance with this title; 

ø(6) notwithstanding any other provision of law, require the 

appraiser to coordinate the appraisal closely with affected parties by seeking information, cooperation, and advice from cabin 

owners and tract associations; 

ø(7) require that the appraiser perform the appraisal in compliance with— 

ø(A) the most current edition of the Uniform Standards 

of Professional Appraisal Practice in effect on the date of 

the appraisal; 


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ø(B) the most current edition of the Uniform Appraisal 

Standards for Federal Land Acquisitions that is in effect 

on the date of the appraisal; and 

ø(C) the specific appraisal guidelines developed in accordance with this title; 

ø(8) require that the appraisal report— 

ø(A) be a full narrative report, in compliance with the 

reporting standards of the Uniform Standards of Professional Appraisal Practice; and 

ø(B) comply with the reporting guidelines established by 

the Uniform Appraisal Standards for Federal Land Acquisitions; and 

ø(9) before accepting any appraisal, conduct a review of the 

appraisal to ensure that the guidelines made available to the 

appraiser have been followed and that the appraised values 

are properly supported. 

ø(b) SPECIFIC APPRAISAL GUIDELINES.—In the development of specific appraisal guidelines in accordance with 

subsection (a)(3), the instructions to an appraiser shall require, at a minimum, the following: 

ø(1) APPRAISAL OF A TYPICAL LOT.— ø(A) IN GENERAL.—In conducting an appraisal under this 

section, the appraiser— 

ø(i) shall not appraise each individual lot; 

ø(ii) shall appraise a typical lot or lots, selected by 

the cabin owners and the agency in a manner consistent with the policy of the program; and 

ø(iii) shall be provided, and give appropriate consideration to, any information contained in the inventory 

of improvements relating to the lot being appraised. 

ø(B) ESTIMATE OF MARKET VALUE OF TYPICAL LOT.— ø(i) IN GENERAL.—The appraiser shall estimate the 

market value of a typical lot in accordance with this 

title. 

ø(ii) EQUIVALENCE TO LEGALLY SUBDIVIDED LOT.—In 

selecting a comparable sale under this title, the appraiser shall recognize that the typical lot will not 

usually be equivalent to a legally subdivided lot. 

ø(2) EXCEPTION FOR CERTAIN SALES OF LAND.—In conducting 

an appraisal under this title, the appraiser— 

ø(A) shall not select sales of comparable land that are 

sales of land within developed urban areas; and 

ø(B) should not, in most circumstances, select a sale of 

comparable land that includes land that is encumbered by 

a conservation or recreational easement that is held by a 

government or institution, except land that is limited to 

use as a site for 1 home. 

ø(3) ADJUSTMENTS FOR TYPICAL VALUE INFLUENCES.— 

ø(A) IN GENERAL.—The appraiser shall consider, and adjust as appropriate, the price of sales of comparable land 

for all typical value influences described in subparagraph 

(B). 

ø(B) VALUE INFLUENCES.—The typical value influences 

referred to in subparagraph (A) include— 

ø(i) differences in the locations of the parcels; 


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ø(ii) accessibility, including limitations on access attributable to— 

ø(I) weather; 

ø(II) the condition of roads or trails; 

ø(III) restrictions imposed by the agency; or 

ø(IV) other factors; 

ø(iii) the presence of marketable timber; 

ø(iv) limitations on, or the absence of, services such 

as law enforcement, fire control, road maintenance, or 

snow plowing; 

ø(v) the condition and regulatory compliance of any 

site improvements; and 

ø(vi) any other typical value influences described in 

standard appraisal literature. 

ø(4) ADJUSTMENTS TO SALES OF COMPARABLE PARCELS.— 

ø(A) UTILITIES, ACCESS, OR FACILITIES.— 

ø(i) AGENCY.—Utilities, access, or facilities serving a 

lot that are provided by the agency shall be included 

as features of the lot being appraised. 

ø(ii) CABIN OWNERS.—Utilities, access, or facilities 

serving a lot that are provided by the cabin owner (or 

a predecessor of the cabin owner) shall not be included 

as a feature of the lot being appraised. 

ø(iii) THIRD PARTIES.—Utilities, access, or facilities 

serving a lot that are provided by a third party shall 

not be included as a feature of the lot being appraised 

unless, in accordance with subsection (a)(1), the agency determines that the capital costs have not been or 

are not being paid by the cabin owner (or a predecessor of the cabin owner). 

ø(iv) WITHDRAWAL OF UTILITY OR ACCESS BY AGENCY.—If, during the term of an authorization, the agency or an act of God creates a substantial and materially adverse change in— 

ø(I) the provision or maintenance of any utility 

or access; or 

ø(II) a qualitative feature of the lot or immediate surroundings, 

øthe cabin owner shall have the right to request, and, 

at the discretion of the Secretary, obtain a new determination of the base cabin user fee at the expense of 

the agency. 

ø(B) ADJUSTMENT FOR EXCLUSION.—In a case in which 

any comparable sale includes utilities, access, or facilities 

that are to be excluded in the appraisal of the subject lot, 

the price of the comparable sale shall be adjusted, as appropriate. 

ø(C) ADJUSTMENT PROCESS.— 

ø(i) IN GENERAL.—The appraiser shall consider and 

adjust, as appropriate, the price of each sale of a comparable parcel for all nonnatural features referred to 

in subparagraph (A)(ii) that— 

ø(I)(aa) are present at, or add value to, the comparable parcel; but 


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ø(bb) are not present at the lot being appraised; 

or 

ø(II) are not included in the appraisal as described in subparagraph (A). 

ø(ii) ADJUSTMENTS.— ø(I) IN GENERAL.—In a case in which the price 

of a parcel sold is to be adjusted in accordance 

with subparagraph (B), the adjustment may be 

based on an analysis of market or cost information 

or both. 

ø(II) COST INFORMATION.—If cost information is 

used as the basis of an adjustment under subclause (I), the cost information shall be supported 

by direct market evidence. 

ø(iii) ANALYSIS OF COST INFORMATION.—An analysis 

of cost information under clause (ii)(I) should include 

allowances, as appropriate, if the allowances are consistent with— 

ø(I) the Uniform Standards of Professional Appraisal Practice in effect on the date of the analysis; and 

ø(II) the Uniform Appraisal Standards for Federal Land Acquisition. 

ø(D) REAPPRAISAL FOR AND RECALCULATION OF BASE

CABIN USER FEE.—Periodically, but not less often than once 

every 10 years, the Secretary shall recalculate the base 

cabin user fee (including conducting any reappraisal required to recalculate the base cabin user fee). 

øSEC. 607. CABIN USER FEES. 

ø(a) IN GENERAL.—The Secretary shall establish the cabin user 

fee as the amount that is equal to 5 percent of the market value 

of the lot, as determined in accordance with section 606, reflecting 

an adjustment to the typical market rate of return due to restrictions imposed by the permit, including— 

ø(1) the limited term of the authorization; 

ø(2) the absence of significant property rights normally attached to fee simple ownership; and 

ø(3) the public right of access to, and use of, any open portion of the lot on which the cabin or other enclosed improvements are not located. 

ø(b) FEE FOR CARETAKER CABIN.—The base cabin user fee for a 

lot on which a caretaker cabin is located shall not be greater than 

the base cabin user fee charged for the authorized use of a similar 

typical lot in the tract. 

ø(c) ANNUAL CABIN USER FEE IN THE EVENT OF DETERMINATION

NOT TO REISSUE AUTHORIZATION.—If the Secretary determines that 

an authorization should not be reissued at the end of a term, the 

Secretary shall— 

ø(1) establish as the new base cabin user fee for the remaining term of the authorization the amount charged as the cabin 

user fee in the year that was 10 years before the year in which 

the authorization expires; and 

ø(2) calculate the current cabin user fee for each of the remaining 9 years of the term of the authorization by multiplying— 


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ø(A) 1⁄10 of the new base cabin user fee; by 

ø(B) the number of years remaining in the term of the 

authorization after the year for which the cabin user fee 

is being calculated. 

ø(d) ANNUAL CABIN USER FEE IN EVENT OF CHANGED CONDITIONS.—If a review of a decision to convert a lot to an alternative 

public use indicates that the continuation of the authorization for 

use and occupancy of the cabin by the cabin owner is warranted, 

and the decision is subsequently reversed, the Secretary may require the cabin owner to pay any portion of annual cabin user fees 

that were forgone as a result of the expectation of termination of 

use and occupancy of the cabin by the cabin owner. 

ø(e) TERMINATION OF FEE OBLIGATION IN LOSS RESULTING FROM

ACTS OF GOD OR CATASTROPHIC EVENTS.—On a determination by 

the agency that, because of an act of God or a catastrophic event, 

a lot cannot be safely occupied and the authorization for the lot 

should accordingly be terminated, the fee obligation of the cabin 

owner shall terminate effective on the date of the occurrence of the 

act or event. 

øSEC. 608. ANNUAL ADJUSTMENT OF CABIN USER FEE. 

ø(a) IN GENERAL.—The Secretary shall adjust the cabin user fee 

annually, using a rolling 5-year average of a published price index 

in accordance with subsection (b) or (c) that reports changes in 

rural or similar land values in the State, county, or market area 

in which the lot is located. 

ø(b) INITIAL INDEX.— 

ø(I) IN GENERAL.—For the period of 10 years beginning on 

the date of enactment of this title, the Secretary shall use 

changes in agricultural land prices in the appropriate State or 

county, as reported in the Index of Agricultural Land Prices 

published by the Department of Agriculture, to determine the 

annual adjustment to the cabin user fee in accordance with 

subsections (a) and (d). 

ø(2) STATEWIDE CHANGES.—In determining the annual adjustment to the cabin user fee for an authorization located in 

a county in which agricultural land prices are influenced by 

the value influences described in section 606(b)(3), the Secretary shall use average statewide changes in the State in 

which the lot is located. 

ø(c) NEW INDEX.— 

ø(1) IN GENERAL.—Not later than 10 years after the date of 

enactment of this title, the Secretary may select and use an 

index other than the method of adjustment of a cabin user fee 

described in subsection (b)(2) to adjust a cabin user fee if the 

Secretary determines that a different index better reflects 

change in the value of a lot over time. 

ø(2) SELECTION PROCESS.—Before selecting a new index, the 

Secretary shall— 

ø(A) solicit and consider comments from the public; and 

ø(B) not later than 60 days before the date on which the 

Secretary makes a final index selection, submit any proposed selection of a new index to— 

ø(i) the Committee on Resources of the House of 

Representatives; and 


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ø(ii) the Committee on Agriculture, Nutrition, and 

Forestry of the Senate. 

ø(d) LIMITATION.—In calculating an annual adjustment to the 

base cabin user fee as determined by the initial index described in 

section (b), the Secretary shall— 

ø(1) limit any annual fee adjustment to an amount that is 

not more than 5 percent per year when the change in agricultural land values exceeds 5 percent in any 1 year; and 

ø(2) apply the amount of any adjustment that exceeds 5 percent to the annual fee payment for the next year in which the 

change in the index factor is less than 5 percent. 

øSEC. 609. PAYMENT OF CABIN USER FEES. 

ø(a) DUE DATE FOR PAYMENT OF FEES.—A cabin user fee shall 

be prepaid annually by the cabin owner. 

ø(b) PAYMENT OF EQUAL OR LESSER FEE.—If, in accordance with 

section 607, the Secretary determines that the amount of a new 

base cabin user fee is equal to or less than the amount of the current base cabin user fee, the Secretary shall require payment of the 

new base cabin user fee by the cabin owner in accordance with subsection (a). 

ø(c) PAYMENT OF GREATER FEE.—If, in accordance with section 

607, the Secretary determines that the amount of a new base cabin 

user fee is greater than the amount of the current base cabin user 

fee, the Secretary shall— 

ø(1) require full payment of the new base cabin user fee in 

the first year following completion of the fee determination procedure if the increase in the amount of the new base cabin user 

fee is not more than 100 percent of the current base cabin user 

fee; or 

ø(2) phase in the increase over the current base cabin user 

fee in approximately equal increments over 3 years if the increase in the amount of the new base cabin user fee is more 

than 100 percent of the current base cabin user fee. 

øSEC. 610. RIGHT OF SECOND APPRAISAL. 

ø(a) RIGHT OF SECOND APPRAISAL.—On receipt of notice from the 

Secretary of the determination of a new base cabin user fee, the 

cabin owner— 

ø(1) not later than 60 days after the date on which the notice 

is received, may notify the Secretary of the intent of the cabin 

owner to obtain a second appraisal; and 

ø(2) may obtain, within 1 year following the date of receipt 

of the notice under this subsection, at the expense of the cabin 

owner, a second appraisal of the typical lot on which the initial 

appraisal was conducted. 

ø(b) CONDUCT OF SECOND APPRAISAL.—In conducting a second 

appraisal, the appraiser selected by the cabin owner shall— 

ø(1) have qualifications equivalent to the appraiser that conducted the initial appraisal in accordance with section 

606(a)(4); 

ø(2) use the appraisal guidelines used in the initial appraisal 

in accordance with section 606(a)(5); 

ø(3) consider all relevant factors in accordance with this title 

(including guidelines developed under section 606(a)(3)); and 


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ø(4) notify the Secretary of any material differences of fact 

or opinion between the initial appraisal conducted by the agency and the second appraisal. 

ø(c) REQUEST FOR RECONSIDERATION OF BASE CABIN USER FEE.— 

A cabin owner shall submit to the Secretary any request for reconsideration of the base cabin user fee, based on the results of the 

second appraisal, not later than 60 days after the receipt of the report for the second appraisal. 

ø(d) RECONSIDERATION OF BASE CABIN USER FEE.—On receipt of 

a request from the cabin owner under subsection (c) for reconsideration of a base cabin user fee, not later than 60 days after the date 

of receipt of the request, the Secretary shall— 

ø(1) review the initial appraisal of the agency; 

ø(2) review the results and commentary from the second appraisal; 

ø(3) determine a new base cabin user fee in an amount that 

is— 

ø(A) equal to the base cabin user fee determined by the 

initial or the second appraisal; or 

ø(B) within the range of values, if any, between the initial and second appraisals; and 

ø(4) notify the cabin owner of the amount of the new base 

cabin user fee. 

øSEC. 611. RIGHT OF APPEAL AND JUDICIAL REVIEW. 

ø(a) RIGHT OF APPEAL.—Notwithstanding any action of a cabin 

owner to exercise rights in accordance with section 610, the Secretary shall by regulation grant the cabin owner the right to an administrative appeal of the determination of a new base cabin user 

fee. 

ø(b) JUDICIAL REVIEW.—A cabin owner that is adversely affected 

by a final decision of the Secretary under this title may bring a 

civil action in United States district court. 

øSEC. 612. CONSISTENCY WITH OTHER LAW AND RIGHTS. 

ø(a) CONSISTENCY WITH RIGHTS OF THE UNITED STATES.—Nothing in this title limits or restricts any right, title, or interest of the 

United States in or to any land or resource. 

ø(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)). 

øSEC. 613. REGULATIONS. 

øNot later than 2 years after the date of enactment of this title, 

the Secretary shall promulgate regulations to carry out this title. 

øSEC. 614. TRANSITION PROVISIONS. 

ø(a) ASSESSMENT OF ANNUAL FEES.—For the period of time determined under subsection (b), the Secretary shall charge each 

cabin owner an annual fee as follows: 

ø(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For a 

lot that has not been appraised since September 30, 1995, the 

annual fee shall be equal to the amount of the annual fee in 

effect on the date of enactment of this title, adjusted annually 


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to reflect changes in the Implicit Price Deflator-Gross National 

Product Index. 

ø(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.— 

ø(A) IN GENERAL.—Except as provided in subparagraph 

(B), for a lot that has been appraised on or after September 30, 1995, the annual fee shall be equal to the 

amount of the fee in effect on the date of enactment of this 

title, adjusted annually to reflect changes in the Implicit 

Price Deflator-Gross National Product Index. 

ø(B) APPRAISALS RESULTING IN BASE FEE INCREASE.— 

ø(i) IN GENERAL.—Except as provided in clause (ii), 

for a lot that has been appraised on or after September 30, 1995, for which the appraisal resulted in 

an increase of the base fee by an amount greater than 

$3,000, the annual fee shall be equal to the sum of 

$3,000 plus the amount of the annual fee in effect on 

October 1, 1996, adjusted annually to reflect the percentage change in the Implicit Price Deflator-Gross 

National Product Index. 

ø(ii) FEES PAID AFTER REQUEST OF NEW APPRAISAL OR

PEER REVIEW.—If— 

ø(I) the cabin owner of a lot described in clause 

(i) requests a new appraisal or peer review under 

subsection (c); and 

ø(II) the base cabin user fee established as a result of the appraisal or peer review is determined 

to be an amount that is 90 percent or more of the 

fee in effect for the lot as determined by an appraisal conducted on or after September 30, 1995, 

the Secretary shall charge the cabin owner, in addition 

to the annual fee that would otherwise have been due 

under section 609, the difference between the base 

cabin user fee determined through the conduct of the 

new appraisal or peer review and the annual fee that 

would otherwise have been due under section 609, to 

be assessed retroactively for each year beginning with 

the year in which the previous appraisal was conducted, and to be paid in 3 equal annual installments. 

ø(b) TERM.— 

ø(1) LOTS NOT APPRAISED SINCE SEPTEMBER 30, 1995.—For a 

lot that has not been appraised since September 30, 1995, the 

Secretary shall charge fees in accordance with subsection 

(a)(2)(A) until— 

ø(A) a base cabin user fee is determined in accordance 

with— 

ø(i) this title; or 

ø(ii) regulations and policies in effect on the date of 

enactment of this title; and 

ø(B) the right of the cabin owner to a second appraisal 

under section 610 is exhausted. 

ø(2) LOTS APPRAISED ON OR AFTER SEPTEMBER 30, 1995.—For 

a lot that has been appraised on or after September 30, 1995, 

the Secretary shall charge fees under subsection (a)(2) until— 


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ø(A) the cabin owner requests a new appraisal or peer 

review, and a base cabin user fee is established, under 

subsection (c); or 

ø(B) in the absence of a request for a peer review or a 

new appraisal under subsection (c), the date that is 2 

years after the date on which the Forest Service promulgates regulations and policies and develops appraisal 

guidelines under this title. 

ø(c) REQUEST FOR NEW APPRAISAL UNDER NEW LAW.— ø(1) IN GENERAL.—Not later than 2 years after the promulgation of final regulations and policies and the development of 

appraisal guidelines in accordance with section 606(a)(5), cabin 

owners that are subject to appraisals completed after September 30, 1995, but before the date of promulgation of final 

regulations under section 613, may request, in accordance with 

paragraph (2), that the Secretary— 

ø(A) conduct a new appraisal and determine a new base 

cabin user fee in accordance with this title; or 

ø(B) commission a peer review of the existing appraisals 

in accordance with paragraph (4). 

ø(2) APPRAISAL GROUPINGS BY TYPICAL LOT.—A request for a 

new appraisal or for a peer review of existing appraisals under 

paragraph (1) shall be made by a majority of the cabin owners 

in a group of cabins represented in the appraisal process by a 

typical lot. 

ø(3) CONDUCT OF NEW APPRAISAL.—On receipt of a request 

for an appraisal and fee determination in accordance with 

paragraph (2), the Secretary shall conduct the new appraisal 

and fee determination in accordance with this title. 

ø(4) PEER REVIEW OF EXISTING APPRAISALS.— 

ø(A) IN GENERAL.—On receipt of a request for peer review in accordance with paragraph (2), the Secretary shall 

obtain from an independent professional appraisal organization a review of the appraisal (including any report on 

the appraisal) that was used to establish the estimated fee 

simple value of the lots within the subject grouping. 

ø(B) INCONSISTENCY.—If peer review described in subparagraph (A) results in a determination that an appraisal 

or appraisal report includes provisions or procedures that 

were implemented or conducted in a manner inconsistent 

with this title, the Secretary shall, as appropriate and in 

accordance with this title— 

ø(i) revise an existing base cabin user fee; or 

ø(ii) subject to an agreement with the cabin owners, 

conduct a new appraisal and fee determination. 

ø(5) PAYMENT OF COSTS.—Cabin owners and the Secretary 

shall share, in equal proportion, the payment of all reasonable 

costs of any new appraisal or peer review. 

ø(d) ASSUMPTION OF NEW BASE CABIN USER FEE.—In the absence of a request under subsection (c) for a new appraisal and fee 

determination from a cabin owner whose cabin user fee was determined as a result of an appraisal conducted after September 30, 

1995, but before the date of promulgation of final regulations under 

section 613, the Secretary may consider the base cabin user fee resulting from the appraisal conducted between September 30, 1995 


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and the date of promulgation of the final regulations under section 

613 to be the base cabin user fee that complies with this section.¿ 

Æ 


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