I 

111TH CONGRESS 

2D SESSION H. R. 4888 

To revise the Forest Service Recreation Residence Program as it 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 HOUSE OF REPRESENTATIVES 

MARCH 19, 2010 

Mr. HASTINGS of Washington (for himself, Mr. COSTA, Mr. BISHOP of Utah, 

Mr. MCCLINTOCK, Mrs. LUMMIS, Mr. RADANOVICH, Mrs. MCMORRIS

RODGERS, Mr. SIMPSON, Mr. NUNES, Mr. CHAFFETZ, Mr. REHBERG, 

and Mr. HERGER) introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To revise the Forest Service Recreation Residence Program 

as it 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. 

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 2010’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AUTHORIZATION.—The terms ‘‘authorized’’ 

4 and ‘‘authorization’’ refer to the issuance of a spe5 cial use permit for the use and occupancy of Na6 tional Forest System land derived from the public 

7 domain by a cabin owner under the Recreation Resi8 dence Program. 

9 (2) CABIN.—The term ‘‘cabin’’ means a pri10 vately built and owned recreation residence and re11 lated improvements on National Forest System land 

12 derived from the public domain that is authorized 

13 for private use and occupancy and may be sold or 

14 transferred between private parties. 

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

16 means a person, heir, trust, or assignee authorized 

17 to use, occupy, and dispose of a cabin on National 

18 Forest System lands derived from the public domain 

19 or an heir or assignee of such a person. 

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

21 transfer fee’’ means a fee paid to the United States 

22 upon the transfer of a cabin between private parties 

23 for money or other consideration. 

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

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

26 by a cabin owner pursuant to an authorization for 


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1 the use and occupancy of a cabin on National Forest 

2 System land derived from the public domain. 

3 (6) CURRENT CABIN USER FEE.—The term 

4 ‘‘current cabin user fee’’ means the most recent 

5 cabin user fee, which results from an annual adjust6 ment to the prior cabin user fee under section 3(d). 

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

8 National Forest System land derived from the public 

9 domain on which a person is authorized to build, 

10 use, occupy, and maintain a cabin. 

11 (8) NATIONAL FOREST SYSTEM LAND.—The 

12 term ‘‘National Forest System land’’ is limited to 

13 National Forest System land derived from the public 

14 domain. 

15 (9) RECREATION RESIDENCE PROGRAM.—The 

16 term ‘‘Recreation Residence Program’’ means the 

17 Recreation Residence Program established pursuant 

18 to the last paragraph under the heading ‘‘FOREST 

19 SERVICE’’ in the Act of March 4, 1915 (38 Stat. 

20 1101, chapter 144; 16 U.S.C. 497). 

21 (10) SECRETARY.—The term ‘‘Secretary’’ 

22 means the Secretary of Agriculture, acting through 

23 the Chief of the Forest Service. 

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

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


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1 that is selected for use in an appraisal as being rep2 resentative of, and that has similar value character3 istics as, other lots or groups of lots within the tract. 

4 SEC. 3. CABIN USER FEES. 

5 (a) PAYMENT OF CABIN USER FEES.— 

6 (1) ANNUAL PAYMENT.—A cabin user fee shall 

7 be paid annually by the cabin owner. 

8 (2) INSTALLMENTS.—Payment of the cabin 

9 user fee for a year may be made in two installments. 

10 (b) INITIAL CABIN USER FEES.— 

11 (1) ESTABLISHMENT.—The Secretary shall es12 tablish initial cabin user fees in the manner required 

13 by this subsection. 

14 (2) ASSIGNMENT TO VALUE TIERS.—The Sec15 retary shall assign each permitted lot on National 

16 Forest System land to one of five tiers based on the 

17 most recent appraised value of the typical lot to 

18 which the permitted lot is assigned, as of the date 

19 of the enactment of this Act. The tiers shall be ar20 ranged according to relative lot value, with lots hav21 ing the lowest appraised value assigned to Tier 1 

22 and lots having the highest appraised value assigned 

23 to Tier 5. The number of lots (by percentage) as24 signed to each tier is specified in the table contained 

25 in paragraph (3) and is intended to achieve fairness 


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1 and affordability. The cabin user fee assigned shall 

2 be based on the particular tier in which a lot is 

3 placed, as specified in the table contained in para4 graph (3). 

5 (3) TABLE OF INITIAL CABIN USER FEES.—The 

6 initial cabin user fees, based on the assignments 

7 made by the Secretary under subsection (b), are as 

8 follows: 

Fee Tier Approximate Percent of 

Permits Nationally Fee Amount 

Tier 1 10% $500

Tier 2 35% $1,000

Tier 3 40% $2,000

Tier 4 10% $3,000

Tier 5 5% $4,000. 

9 (4) EFFECTIVE DATE.—The initial cabin user 

10 fees required by this subsection shall take effect be11 ginning with the first calendar year beginning after 

12 the date of the enactment of this Act. 

13 (c) OVERPAYMENTS OR UNDERPAYMENTS.— 

14 (1) OVERPAYMENTS.—If the initial cabin user 

15 fee established for a cabin for the calendar year 

16 specified in subsection (b)(4) or the current cabin 

17 user fee in effect for a subsequent year is less than 

18 the amount of the cabin user fee already paid by the 

19 cabin owner for that calendar year, the Secretary 


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1 shall remit to the cabin owner any difference that is 

2 $25 or more between the amount of the cabin user 

3 fee already paid for that calendar year and the 

4 amount of the initial cabin user fee or current cabin 

5 user fee, whichever applies. 

6 (2) UNDERPAYMENTS.—If the initial cabin user 

7 fee established for a cabin for the calendar year 

8 specified in subsection (b)(4) or the current cabin 

9 user fee in effect for a subsequent year is more than 

10 the amount of the cabin user fee already paid by the 

11 cabin owner for that calendar year, the Secretary 

12 shall collect from the cabin owner any difference 

13 that is $25 or more between the amount of the cabin 

14 user fee paid already paid for that calendar year and 

15 the amount of the initial cabin user fee or current 

16 cabin user fee, whichever applies. 

17 (d) ANNUAL ADJUSTMENTS OF CABIN USER FEE.— 

18 The Secretary shall use changes in the Implicit Price 

19 Deflator for the Gross Domestic Product published by the 

20 Bureau of Economic Analysis of the Department of Com21 merce, applied on a five-year rolling average, to determine 

22 and apply an annual adjustment to cabin user fees. 

23 (e) EFFECT OF DESTRUCTION, SUBSTANTIAL DAM24 AGE, OR LOSS OF ACCESS.—If a cabin is destroyed or suf25 fers substantial damage (greater than 50 percent), or if 


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1 access to a cabin is significantly impaired, whether by cat2 astrophic events, natural causes or governmental actions, 

3 such that the cabin is rendered unsafe or unable to be 

4 occupied as a result, the Secretary shall reduce the cabin 

5 user fee for the affected lot to $100 per year. This fee 

6 shall be in effect for the remainder of the year in which 

7 the destruction occurs and until such time as the cabin 

8 may be lawfully reoccupied and normal access has been 

9 restored. 

10 SEC. 4. CABIN TRANSFER FEES. 

11 (a) PAYMENT OF CABIN TRANSFER FEES.—In con12 junction with the transfer of ownership of any cabin, the 

13 transferor shall file with the Secretary a sworn statement 

14 declaring the amount of money or other value received, 

15 if any, for the transfer of the cabin. As a condition of 

16 the issuance by the Secretary of a new authorization for 

17 the use and occupancy of the cabin, the transferor shall 

18 pay, or cause to be paid, to the Secretary a cabin transfer 

19 fee in an amount determined as follows: 

Consideration Received by Transfer Transfer Fee Amount 

$0 to $250,000 $1,000 

$250,000.01 to $500,000.00 $1,000 plus 5% of consideration in 

excess of $250,000 up to $500,000 

$500,000.01 and above $1,000 plus 5% of consideration in 

excess of $250,000 up to $500,000 

plus 10% of consideration in excess of $500,000. 


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

2 Implicit Price Deflator for the Gross Domestic Product 

3 published by the Bureau of Economic Analysis of the De4 partment of Commerce, applied on a five-year rolling aver5 age, to determine and apply an annual adjustment to the 

6 cabin transfer fee threshold amounts ($250,000.01 and 

7 $500,000.01) set forth in the table contained in subsection 

8 (a). 

9 SEC. 5. ALLOCATION OF CABIN USER FEE AND CABIN 

10 TRANSFER FEE REVENUE. 

11 The Secretary shall retain the amount of revenue 

12 from cabin user fees and cabin transfer fees necessary to 

13 fully cover the costs incurred by the Forest Service to ad14 minister the Recreation Residence Program. Revenue col15 lected in excess of that amount shall be deposited in the 

16 Treasury. 

17 SEC. 6. RIGHT OF APPEAL AND JUDICIAL REVIEW. 

18 (a) RIGHT OF APPEAL.—Notwithstanding any action 

19 of a cabin owner to exercise rights in accordance with sec20 tion 7, the Secretary shall by regulation grant the cabin 

21 owner the right to an administrative appeal of the deter22 mination of a new cabin user fee. 

23 (b) JUDICIAL REVIEW.—A cabin owner that contests 

24 a final decision of the Secretary under this Act may bring 

25 a civil action in United States district court. 


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1 SEC. 7. CONSISTENCY WITH OTHER LAW AND RIGHTS. 

2 (a) CONSISTENCY WITH RIGHTS OF THE UNITED

3 STATES.—Nothing in this Act limits or restricts any right, 

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

5 or resource. 

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

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

8 not establish or impose a cabin user fee or a condition 

9 affecting a cabin user fee that is inconsistent with 1303(d) 

10 of the Alaska National Interest Lands Conservation Act 

11 (16 U.S.C. 3193(d)). 

12 SEC. 8. REGULATIONS. 

13 The Secretary shall promulgate regulations to carry 

14 out this Act not later than the effective date specified in 

15 section 3(b)(4). 

Æ 


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