II 

Calendar No. 397 

113TH CONGRESS 

2D SESSION S. 1341 

[Report No. 113–171] 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2013 

Mr. TESTER (for himself, Mr. BAUCUS, Mr. BARRASSO, Mrs. FEINSTEIN, Mr. 

CRAPO, Mr. ENZI, Mr. GRASSLEY, Mr. RISCH, and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

MAY 22, 2014 

Reported by Ms. LANDRIEU, with an amendment and an amendment to the 

title 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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. 


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•S 1341 RS

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. 

4 This Act may be cited as the ‘‘Cabin Fee Act of 

5 2013’’. 

6 SEC. 2. CABIN USER FEES. 

7 (a) IN GENERAL.—The Secretary of Agriculture (re8 ferred to in this Act as the ‘‘Secretary’’) shall establish 

9 a fee in accordance with this section for the issuance of 

10 a special use permit for the use and occupancy of National 

11 Forest System land for recreational residence purposes. 

12 (b) COMPLETION OF CURRENT APPRAISAL CYCLE.— 

13 Not later than 2 years after the date of enactment of this 

14 Act, the Secretary shall complete the current appraisal 

15 cycle for recreational residences on National Forest Sys16 tem land in accordance with the Cabin User Fees Fairness 

17 Act of 2000 (16 U.S.C. 6201 et seq.) (referred to in this 

18 Act as the ‘‘current appraisal cycle’’). 

19 (c) INTERIM FEE.—Until During the period begin20 ning on January 1, 2014, and ending on the date on which 

21 the current appraisal cycle is completed under subsection 

22 (b), the Secretary shall assess an interim annual fee for 

23 recreational residences on National Forest System land 

24 that is an amount equal to the lesser of— 


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1 (1) the fee determined under the Cabin User 

2 Fees Fairness Act (16 U.S.C. 6901 et seq.), subject 

3 to the requirement that any increase over the fee as4 sessed during the previous year shall be limited to 

5 not more than 25 percent; or 

6 (2) $5,500. 

7 (d) ADJUSTMENT.— 

8 (1) IN GENERAL.—On the date of completion of 

9 the current appraisal cycle, and before assessing a 

10 fee under this Act, the Secretary shall make a 1- 

11 time adjustment to the value of each appraised lot 

12 on which a recreational residence is located to reflect 

13 any change in value occurring after the date of the 

14 most recent appraisal for the lot, in accordance with 

15 the 4th quarter of 2012 National Association of 

16 Homebuilders/Wells Fargo Housing Opportunity 

17 Index. 

18 (2) SECOND APPRAISAL.— 

19 (A) IN GENERAL.—Notwithstanding para20 graph (1), a permittee may arrange for a sec21 ond appraisal of a recreational residence lot. 

22 (B) REQUIREMENTS.—Any appraisal con23 ducted under subparagraph (A) shall be con24 ducted in accordance with applicable Federal 

25 appraisal standards. 


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1 (C) VALUE.—If an appraisal conducted 

2 under subparagraph (A) is approved by the 

3 Secretary, the value established by the appraisal 

4 shall be the value assigned to the lot. 

5 (e) ANNUAL FEE.— 

6 (1) AMOUNT.—After the date on which ap7 praised lot values have been adjusted in accordance 

8 with subsection (d), the annual fee assessed by the 

9 Secretary for recreational residences on National 

10 Forest System land shall be as follows: 

Fee Tier 

Approximate 

Percent of Permits 

Nationally 

Fee 

Amount 

Tier 1 ................................... Not to exceed 6 percent ................... $500

Tier 2 ................................... Not to exceed 16 percent ................. $1,000

Tier 3 ................................... Not to exceed 26 percent ................. $1,500

Tier 4 ................................... Not to exceed 22 percent ................. $2,000

Tier 5 ................................... At least 10 percent .......................... $2,500

Tier 6 ................................... Not to exceed 5 percent ................... $3,000

Tier 7 ................................... Not to exceed 5 percent ................... $3,500

Tier 8 ................................... Not to exceed 3 percent ................... $4,000

Tier 9 ................................... Not to exceed 3 percent ................... $4,500

Tier 10 ................................. Not to exceed 3 percent ................... $5,000

Tier 11 ................................. Not to exceed 1 percent ................... $5,500. 

11 (2) ADJUSTMENTS.—The Secretary shall in12 crease or decrease the annual fees set forth in the 

13 table under paragraph (1) to reflect changes in the 

14 Implicit Price Deflator for the Gross Domestic Prod15 uct published by the Bureau of Economic Analysis 

16 of the Department of Commerce, applied on a 5-year 

17 rolling average. 

18 (3) ACCESS AND OCCUPANCY.— 


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1 (A) IN GENERAL.—The Secretary may sus2 pend or reduce the applicable fee under para3 graph (1) if access to, or the occupancy of, the 

4 recreational residence is significantly restricted. 

5 (B) APPEAL.—A decision of the Secretary 

6 to suspend or reduce the annual fee under sub7 paragraph (A) may be appealed. 

8 (f) PERIODIC REVIEW.— 

9 (1) IN GENERAL.—Beginning on the date that 

10 is 10 years after the date of enactment of this Act, 

11 the Secretary shall submit to the Committee on En12 ergy and Natural Resources of the Senate and the 

13 Committee on Natural Resources of the House of 

14 Representatives a report that— 

15 (A) analyzes the annual fees set forth in 

16 the table under subsection (e) to ensure that 

17 the fees reflect fair value for the use of the land 

18 for recreational residence purposes, taking into 

19 account all use limitations and restrictions (in20 cluding any limitations and restrictions imposed 

21 by the Secretary); and 

22 (B) includes any recommendations of the 

23 Secretary with respect to modifying the fee sys24 tem. 


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1 (2) LIMITATION.—The use of appraisals shall 

2 not be required for any modifications to the fee sys3 tem based on the recommendations under paragraph 

4 (1)(B). 

5 SEC. 3. CABIN TRANSFER FEES. 

6 (a) IN GENERAL.—The Secretary shall establish a fee 

7 in the amount of $1,200 for the issuance of a new rec8 reational residence permit due to a change of ownership 

9 of the recreational residence. 

10 (b) ADJUSTMENTS.—The Secretary shall annually in11 crease or decrease the transfer fee established under sub12 section (a) to reflect changes in the Implicit Price Deflator 

13 for the Gross Domestic Product published by the Bureau 

14 of Economic Analysis of the Department of Commerce, 

15 applied on a 5-year rolling average. 

16 SEC. 4. EFFECT. 

17 (a) IN GENERAL.—Nothing in this Act limits or re18 stricts any right, title, or interest of the United States in 

19 or to any land or resource in the National Forest System. 

20 (b) ALASKA.—The Secretary shall not establish or 

21 impose a fee or condition under this Act for permits in 

22 the State of Alaska that is inconsistent with section 

23 1303(d) of the Alaska National Interest Lands Conserva24 tion Act (16 U.S.C. 3193(d)). 


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1 SEC. 5. RETENTION OF FEES. 

2 (a) IN GENERAL.—Beginning on October 1, 2023, 

3 the Secretary may retain, and expend, for the purposes 

4 described in subsection (b), any fees collected under this 

5 Act without further appropriation. 

6 (b) USE.—Amounts made available under subsection 

7 (a) shall be used to administer the recreational residence 

8 program and other recreation programs carried out on Na9 tional Forest System land. 

10 SEC. 6. REPEAL OF CABIN USER FEES FAIRNESS ACT OF 

11 2000. 

12 Effective on the date of the assessment of annual per13 mit fees in accordance with section 2(e) (as certified to 

14 Congress by the Secretary), the Cabin User Fees Fairness 

15 Act of 2000 (16 U.S.C. 6201 et seq.) is repealed. 

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.’’. 


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Calendar No. 397 

113TH CONGRESS 

2D SESSION S. 1341 

[Report No. 113–171] 

A BILL 

To modify the Forest Service Recreation Residence 

fees, and for other purposes. predictable procedure for determining cabin user domain by implementing a simple, equitable, and National Forest System derived from the public Program as the program applies to units of the 

MAY 22, 2014 

Reported with an amendment and an amendment to the 

title 


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