IIB 
112TH CONGRESS 
2D SESSION 
H. R. 3397 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 11, 2012 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To modify the Forest Service Recreation Residence Program 
by implementing a simple, equitable, and predictable pro-
cedure for determining cabin user fees, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 pri-
vately built and owned recreation residence and re-
lated improvements on National Forest System land 
that— 
(A) is authorized for private use and occu-
pancy; and 
(B) may be sold or transferred between 
private parties. 
(3) CABIN OWNER.—The term ‘‘cabin owner’’ 
means— 
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(A) a person authorized by the Secretary 
to use and to occupy a cabin; and 
(B) a trust, heir, or assign of a person de-
scribed 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 authoriza-
tion 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 
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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 SERV-
ICE’’ 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 rep-
resentative of, and that has similar value character-
istics 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 Sec-
retary in accordance with this section. 
(b) INITIAL CABIN USER FEES.— 
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(1) ESTABLISHMENT.—The Secretary shall es-
tablish initial cabin user fees in accordance with this 
subsection. 
(2) ASSIGNMENT TO VALUE TIERS.—On com-
pletion of the current appraisal cycle, as required by 
paragraph (4), the Secretary shall assign each per-
mitted 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 nor-
malized, for price changes occurring after the 
appraisal, in accordance with the National As-
sociation of Homebuilders/Wells Fargo Housing 
Opportunity Index. 
(B) Second appraisal values shall super-
sede initial lot appraisal values for the normal-
ization and ranking process under subpara-
graph (A). 
(C) The tiers shall be established, on a na-
tional 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. 
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(D) The number of lots (by percentage) as-
signed 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 sub-
section, the Secretary shall assess (and may ad-
just 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: 
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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. 
(5) EFFECTIVE DATE.—The initial cabin user 
fees required by this subsection shall take effect be-
ginning with the first calendar year beginning after 
the completion of the current appraisal cycle. 
(c) ANNUAL ADJUSTMENTS OF CABIN USER FEE.— 
Once initial cabin user fees have been assessed, based on 
the tier assignments under subsection (b)(2), the Sec-
retary shall use changes in the Implicit Price Deflator for 
the Gross Domestic Product published by the Bureau of 
Economic Analysis of the Department of Commerce, ap-
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plied on a 5-year rolling average, to assess an annual ad-
justment to cabin user fees. 
(d) EFFECT OF DESTRUCTION, SUBSTANTIAL DAM-
AGE, OR LOSS OF ACCESS.— 
(1) IN GENERAL.—The Secretary shall reduce 
the cabin user fee to $100 per year for a cabin if— 
(A) the cabin is destroyed or suffers sub-
stantial damage in an amount that is greater 
than 50 percent of replacement cost of the 
cabin; or 
(B) access to the cabin is significantly im-
paired, whether by catastrophic events, natural 
causes, or governmental actions. 
(2) TERM OF REDUCED FEE.—The reduced fee 
under paragraph (1) shall be in effect until the later 
of— 
(A) the last day of the year in which the 
destruction or impairment occurs; or 
(B) the date on which the cabin may be 
lawfully reoccupied and normal access has been 
restored. 
SEC. 4. PAYMENT OF CABIN TRANSFER FEES. 
As a condition of the issuance by the Secretary of 
a new authorization for the use and occupancy of the 
cabin, the cabin owner transferring the cabin shall pay to 
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the Secretary a cabin transfer fee in the amount of 
$1,200. 
SEC. 5. RIGHT OF APPEAL AND JUDICIAL REVIEW. 
(a) RIGHT OF APPEAL.— 
(1) IN GENERAL.—Notwithstanding any action 
of a cabin owner to exercise rights in accordance 
with section 6, the Secretary shall by regulation 
grant to the cabin owner the right to an administra-
tive appeal of the determination of a new cabin user 
fee, fee tier, or whether or not to reduce a cabin 
user fee under section 3(d). 
(2) APPLICABLE LAW.—An appeal under para-
graph (1) shall be pursuant to the appeal process 
provided under subpart C of part 251 of title 36, 
Code of Federal Regulations (or a successor regula-
tion). 
(b) JUDICIAL REVIEW.— 
(1) IN GENERAL.—A cabin owner that contests 
a final decision of the Secretary under this Act may 
bring a civil action in United States district court. 
(2) VENUE.—The venue for an action brought 
before the United States district court under this 
subsection shall be in the Federal judicial district in 
which the cabin is located. 
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(3) EFFECT ON MEDIATION.—Nothing in this 
Act precludes a person from seeking mediation for 
an action under this Act. 
SEC. 6. EFFECT. 
(a) IN GENERAL.—Nothing in this Act limits or re-
stricts any right, title, or interest of the United States in 
or to any land or resource. 
(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)). 
SEC. 7. REGULATIONS. 
Not later than December 31, 2013, the Secretary 
shall issue regulations to carry out this Act. 
Passed the House of Representatives September 10, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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