H5730 CONGRESSIONAL RECORD — HOUSE September 10, 2012 

criminal prosecution currently pending before that court. 

After consultation with the Office of General Counsel, I have determined that compliance with the subpoena is consistent with 

the privileges and precedents of the House. 

Sincerely, 

ILENE JENOFSKY, 

f 

District Director. 

COMMUNICATION FROM CONSTITUENT SERVICES REPRESENTATIVE, THE HONORABLE 

ROBERT A. BRADY, MEMBER OF 

CONGRESS 

The SPEAKER pro tempore laid before the House the following communication from Warren Raines, Constituent Services Representative, the 

Honorable ROBERT A. BRADY, Member 

of Congress: 

HOUSE OF REPRESENTATIVES, 

WASHINGTON, DC, 

August 15, 2012. 

Hon. JOHN A. BOEHNER, 

Speaker, House of Representatives, 

Washington, DC. 

DEAR MR. SPEAKER: This is to notify you 

formally, pursuant to Rule VIII of the Rules 

of the House of Representatives that I have 

been served with a subpoena for testimony 

issued by the Philadelphia Municipal Court, 

Criminal Division, in connection with a 

criminal prosecution currently pending before that court. 

After consultation with the Office of General Counsel, I have determined that compliance with the subpoena is consistent with 

the privileges and precedents of the House. 

Sincerely, 

WARREN RAINES, 

Constituent Services Representative. 

f 

RECESS 

The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the Chair 

declares the House in recess until approximately 4 p.m. today. 

Accordingly (at 2 o’clock and 5 minutes p.m.), the House stood in recess. 

f 

b 1600 

AFTER RECESS 

The recess having expired, the House 

was called to order by the Speaker pro 

tempore (Mr. W

f 

OMACK) at 4 p.m. 

ANNOUNCEMENT BY THE SPEAKER 

PRO TEMPORE 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 

will postpone further proceedings 

today on motions to suspend the rules 

on which a recorded vote or the yeas 

and nays are ordered, or on which the 

vote incurs objection under clause 6 of 

rule XX. 

Record votes on postponed questions 

will be taken later. 

f 

CABIN FEE ACT OF 2012 

Mr. HASTINGS of Washington. Mr. 

Speaker, I move to suspend the rules 

and pass the bill (H.R. 3397) to modify 

the Forest Service Recreation Residence Program by implementing a simple, equitable, and predictable procedure for determining cabin user fees, 

and for other purposes, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 3397 

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

Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

the ‘‘Cabin Fee Act of 2012’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Cabin user fees. 

Sec. 4. Payment of cabin transfer fees. 

Sec. 5. Right of appeal and judicial review. 

Sec. 6. Effect. 

Sec. 7. Regulations. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) AUTHORIZATION; AUTHORIZE.—The terms 

‘‘authorization’’ and ‘‘authorize’’ mean the 

issuance of a special use permit for the use 

and occupancy of National Forest System 

land by a cabin owner under the Recreation 

Residence Program. 

(2) CABIN.—The term ‘‘cabin’’ means a privately built and owned recreation residence 

and related improvements on National Forest System land that— 

(A) is authorized for private use and occupancy; and 

(B) may be sold or transferred between private parties. 

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

means— 

(A) a person authorized by the Secretary to 

use and to occupy a cabin; and 

(B) a trust, heir, or assign of a person described in subparagraph (A). 

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

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

United States on the transfer of a cabin between private parties for money or other 

consideration that results in the issuance of 

a new permit. 

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

fee’’ means an annual fee paid to the United 

States by a cabin owner in accordance with 

an authorization for the use and occupancy 

of a cabin. 

(6) CURRENT APPRAISAL CYCLE.—The term 

‘‘current appraisal cycle’’ means the completion of Forest Service review and acceptance 

of— 

(A) initial typical lot appraisals; and 

(B) second appraisals, if ordered by cabin 

owners and approved by the Forest Service. 

(7) CURRENT CABIN USER FEE.—The term 

‘‘current cabin user fee’’ means the most recent cabin user fee, as adjusted under section 

3(c). 

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

National Forest System land on which a person is authorized to build, use, occupy, and 

maintain a cabin. 

(9) NATIONAL FOREST SYSTEM.—The term 

‘‘National Forest System’’ has the meaning 

given that term in section 11 of the Forest 

and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609). 

(10) RECREATION RESIDENCE PROGRAM.—The 

term ‘‘Recreation Residence Program’’ 

means the Recreation Residence Program established under the last paragraph under the 

heading ‘‘FOREST SERVICE’’ in the Act of 

March 4, 1915 (16 U.S.C. 497). 

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

means the Secretary of Agriculture, acting 

through the Chief of the Forest Service. 

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

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

a tract that is selected for use in an appraisal as being representative of, and that 

has similar value characteristics as, other 

lots or groups of lots within the tract. 

SEC. 3. CABIN USER FEES. 

(a) PAYMENT OF CABIN USER FEES.—Cabin 

owners shall pay an annual cabin user fee established by the Secretary in accordance 

with this section. 

(b) INITIAL CABIN USER FEES.— 

(1) ESTABLISHMENT.—The Secretary shall 

establish initial cabin user fees in accordance with this subsection. 

(2) ASSIGNMENT TO VALUE TIERS.—On completion of the current appraisal cycle, as required by paragraph (4), the Secretary shall 

assign each permitted lot on National Forest 

System land to 1 of 10 tiers based on the following considerations: 

(A) Before assigning the lots to tiers, all 

appraised lot values shall be adjusted, or 

normalized, for price changes occurring after 

the appraisal, in accordance with the National Association of Homebuilders/Wells 

Fargo Housing Opportunity Index. 

(B) Second appraisal values shall supersede 

initial lot appraisal values for the normalization and ranking process under subparagraph (A). 

(C) The tiers shall be established, on a national basis, according to relative lot value, 

with lots having the lowest adjusted appraised value assigned to tier 1 and lots having the highest adjusted appraised value assigned to tier 10. 

(D) The number of lots (by percentage) assigned to each tier is contained in the table 

set forth in paragraph (3). 

(E) Data from incomplete appraisals may 

not be used to establish the fee tiers under 

this subsection. 

(F) Until assigned to a tier under this subsection, the Secretary shall assess (and may 

adjust annually subject to clause (ii)) an interim fee for permitted cabin lots (including 

lots with incomplete appraisals) in an 

amount equal to the lesser of— 

(i) $5,000; or 

(ii) the amount of the current cabin user 

fee, as determined under the Cabin User Fee 

Fairness Act of 2000 (16 U.S.C. 6201 et seq.), 

which amount the Secretary may increase 

annually by not more than 25 percent, except 

that the increased fee shall not exceed the 

otherwise scheduled fee determined under 

the Cabin User Fee Fairness Act of 2000. 

(3) AMOUNT OF INITIAL CABIN USER FEES.— 

The initial cabin user fees, based on the assignments under paragraph (2), are as follows: 

Fee Tier 

Approximate 

Percent of 

Permits Nationally 

Fee Amount 

Tier 1 5 percent $500 

Tier 2 12 percent $1,000 

Tier 3 22 percent $1,500 

Tier 4 22 percent $2,000 

Tier 5 10 percent $2,500 

Tier 6 9 percent $3,000 

Tier 7 7 percent $3,500 

Tier 8 5 percent $4,000 

Tier 9 5 percent $4,500 

Tier 10 3 percent $5,000 

(4) DEADLINE FOR COMPLETION OF CURRENT

APPRAISAL CYCLE.—Not later than 3 years 

after the date of enactment of this Act, the 

Secretary shall complete the current appraisal cycle. 


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