I 
112TH CONGRESS 
2D SESSION 
H. R. 4019 
To increase employment and educational opportunities in, and improve the 
economic stability of, counties containing Federal forest land, while also 
reducing the cost of managing such land, by providing such counties 
a dependable source of revenue from such land, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2012 
Mr. HASTINGS of Washington introduced the following bill; which was referred 
to the Committee on Natural Resources, and in addition to the Com-
mittee on Agriculture, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To increase employment and educational opportunities in, 
and improve the economic stability of, counties con-
taining Federal forest land, while also reducing the cost 
of managing such land, by providing such counties a 
dependable source of revenue from such land, 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 
‘‘Federal Forests County Revenue, Schools, and Jobs Act 
of 2012’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—COUNTY, SCHOOLS, AND REVENUE TRUST FOR 
FEDERAL FOREST LAND 
Sec. 101. Definitions. 
Sec. 102. County, Schools, and Revenue Trust. 
Sec. 103. Opt out option. 
Sec. 104. Determination of annual revenue requirement and minimum sale 
level. 
Sec. 105. County, Schools, and Revenue Trust Projects. 
Sec. 106. Distribution of amounts from trust projects. 
Sec. 107. Payments to beneficiary counties from County, Schools, and Revenue 
Trust. 
Sec. 108. Initial payments pending implementation of trust projects. 
TITLE II—PAYMENT IN LIEU OF TAXES AMENDMENTS 
Sec. 201. Extension. 
Sec. 202. Inclusion in definition of payment law. 
Sec. 203. Congressional notification and publication of information. 
TITLE III—FOREST SERVICE RECREATION RESIDENCE PROGRAM 
Sec. 301. Definitions. 
Sec. 302. Cabin user fees. 
Sec. 303. Cabin transfer fees. 
Sec. 304. Right of appeal and judicial review. 
Sec. 305. Effect. 
Sec. 306. Regulations. 
TITLE 
I—COUNTY, 
SCHOOLS, 
AND REVENUE TRUST FOR 
FEDERAL FOREST LAND 
SEC. 101. DEFINITIONS. 
In this title: 
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(1) ANNUAL
REVENUE
REQUIREMENT.—The 
term ‘‘annual revenue requirement’’, with respect to 
a unit of the National Forest System, means the 
amount equal to 60 percent of the average annual 
gross receipts derived from the unit during the 20- 
year period beginning with fiscal year 1980, as de-
termined under section 104. 
(2) BENEFICIARY COUNTY.— 
(A) IN GENERAL.—The term ‘‘beneficiary 
county’’ means a political subdivision of a State 
that, on account of containing National Forest 
System land, was eligible to receive payments 
through the State under title I of the Secure 
Rural Schools and Community Self-Determina-
tion Act of 2000 (16 U.S.C. 7111 et seq.). 
(B) EXCLUSION OF CERTAIN COUNTIES.— 
The term does not include a political subdivi-
sion of a State that elects not to participate 
under section 103. A political subdivision that 
opts out of participation may still receive pay-
ments as provided in the sixth paragraph under 
the heading of ‘‘FOREST SERVICE’’ in the 
Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 
500) and section 13 of the Act of March 1, 
1911 (36 Stat. 963; 16 U.S.C. 500). 
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(3) CATASTROPHIC EVENT.—The term ‘‘cata-
strophic event’’ means an event that the Secretary 
determines will cause or has caused severe damage 
to National Forest System land, including severe 
fire, insect or disease infestations, windthrow, or 
other extreme weather or natural disaster. 
(4) CHARGEABLE VOLUME.— 
(A) IN GENERAL.—The term ‘‘chargeable 
volume’’ means only the volume of timber and 
other forest products that is counted toward 
meeting the allowable sale quantity of a unit of 
National Forest System land based on the re-
gionally 
applicable 
utilization 
and 
merchantability standards. 
(B) EXCLUSION.—The term does not in-
clude post and pole sales and personal use fire-
wood. 
(5) 
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘‘community wildfire protection 
plan’’ has the meaning given that term in section 
101 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6511). 
(6) COUNTY, SCHOOLS, AND REVENUE TRUST 
PROJECT.—The terms ‘‘County, Schools, and Rev-
enue Trust Project’’ and ‘‘trust project’’ mean a 
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project designated by the Secretary as a project to 
generate amounts to help meet the annual revenue 
requirement. 
(7) FEDERAL LAND.—The term ‘‘Federal land’’ 
means— 
(A) land within the National Forest Sys-
tem; and 
(B) such portions of the revested Oregon 
and California Railroad and reconveyed Coos 
Bay Wagon Road grant land as are or may 
hereafter come under the jurisdiction of the De-
partment of the Interior, which have heretofore 
or may hereafter be classified as timberlands, 
and power-site land valuable for timber, that 
shall be managed, except as provided in the 
former section 3 of the Act of August 28, 1937 
(50 Stat. 875; 43 U.S.C. 1181c), for permanent 
forest production. 
(8) MINIMUM SALE LEVEL.—The term ‘‘min-
imum sale level’’, for a unit of the National Forest 
System for a fiscal year, means a quantity equal to 
50 percent of the average annual chargeable timber 
volume (as measured in net sawtimber volume) sold 
from the unit during the period beginning with fiscal 
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(13) TRUST.—The terms ‘‘County, Schools, and 
Revenue Trust’’ and ‘‘Trust’’ mean the County, 
Schools, and Revenue Trust established in the 
Treasury under section 102. 
(14) TRUSTEE.—The term ‘‘Trustee’’ means 
the Secretary, acting as the trustee of the County, 
Schools, and Revenue Trust. 
SEC. 102. COUNTY, SCHOOLS, AND REVENUE TRUST. 
(a) ESTABLISHMENT OF TRUST.—There is estab-
lished in the Treasury a fund to be known as the ‘‘County, 
Schools, and Revenue Trust’’. 
(b) TRUST PURPOSE.—The purpose of the Trust is 
to provide a dependable source of revenue for each bene-
ficiary county containing National Forest System land. 
(c) FIDUCIARY RESPONSIBILITY.—The Trustee has 
a fiduciary responsibility to beneficiary counties to use 
County, Schools, and Revenue Trust Projects to generate 
amounts sufficient to satisfy the annual revenue require-
ment established for units of the National Forest System. 
(d) TRUST ASSETS.— 
(1) INITIAL DEPOSITS.—To allow the transition 
necessary to implement this title and title II, there 
is hereby appropriated to the Trust, out of amounts 
in the Treasury not otherwise appropriated, an 
amount equal to $875,000,000 to provide payments 
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under section 108 during fiscal years 2012 and 
2013. 
(2) PORTION
OF
RECEIPTS
FROM
TRUST 
PROJECTS.—There shall be credited to the Trust all 
amounts required by section 106(a)(1) to be depos-
ited in the Trust from County, Schools, and Revenue 
Trust Projects. 
(e) LIMITATIONS.—The assets of the Trust shall 
not— 
(1) be subject to garnishment by, or otherwise 
paid to, a creditor of a beneficiary county; 
(2) be expended other than for the purposes au-
thorized in subsections (b) and (c) of section 107; or 
(3) be used in lieu of or to otherwise offset 
State funding sources for local schools, facilities, or 
educational purposes. 
(f) REPORTING.—Not later than 90 days after the 
end of each fiscal year (beginning with fiscal year 2014), 
the Secretary shall submit to Congress a report specifying 
the deposits into, and distributions from, the Trust during 
the preceding fiscal year. 
SEC. 103. OPT OUT OPTION. 
(a) ELECTION.—A political subdivision of a State 
that otherwise satisfies the definition of beneficiary county 
may elect not to participate under this title. 
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(b) TIME AND DURATION OF ELECTION.—An elec-
tion to opt out under subsection (a) is effective for a single 
fiscal year and must be submitted to the Secretary before 
the start of that fiscal year. 
(c) EFFECT OF ELECTION.— 
(1) NO TRUST PROJECTS.—No County, Schools, 
and Revenue Trust Project may be commenced on 
National Forest System land located in any political 
subdivision that has opted out under subsection (a). 
Other activities on the National Forest System land 
in the political subdivision may be carried out in ac-
cordance with other laws applicable to the National 
Forest System land. 
(2) COMPLETION
OF
EXISTING
PROJECTS.— 
Trust projects underway before the effective date of 
the opt out may be completed. 
SEC. 104. DETERMINATION OF ANNUAL REVENUE REQUIRE-
MENT AND MINIMUM SALE LEVEL. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary shall determine for each 
unit of the National Forest System— 
(1) the annual revenue requirement for the 
unit; and 
(2) the minimum sale level for the unit. 
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SEC. 
105. 
COUNTY, 
SCHOOLS, 
AND 
REVENUE 
TRUST 
PROJECTS. 
(a) NEED FOR PROJECTS.—Effective for fiscal year 
2014 and each fiscal year thereafter, the Secretary shall 
carry out County, Schools, and Revenue Trust Projects 
in units of the National Forest System as necessary to 
achieve the annual revenue requirement for the unit. The 
Secretary is authorized and encouraged to commence the 
implementation of trust projects before fiscal year 2014 
to begin generating amounts for deposit in the Trust to 
supplement the funds made available under section 
102(d)(1). 
(b) DESIGNATION OF PROJECTS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the Secretary may designate 
any project involving National Forest System land 
(other than National Forest System land located in 
a political subdivision that opted out under section 
103) as a County, Schools, and Revenue Trust 
Project. 
(2) TYPES OF PROJECTS.—Trust projects may 
include a timber sale, issuance of a grazing permit, 
issuance of a special use permit involving land use, 
mineral development, power generation, or rec-
reational use, and projects implementing a commu-
nity wildfire protection plan. 
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(3) EXCLUSION OF CERTAIN LAND FROM TRUST 
PROJECTS.—A trust project shall not be designated 
on National Forest System land— 
(A) that is a component of the National 
Wilderness Preservation System; 
(B) on which the removal of vegetation is 
specifically prohibited by Federal law; or 
(C) over which administrative jurisdiction 
was assumed by the Forest Service under sec-
tion 311. 
(4) 
MAXIMUM
NUMBER
OF
DESIGNATED 
PROJECTS.—The maximum number of trust projects 
designated by the Secretary for a unit of the Na-
tional Forest System for a fiscal year may not ex-
ceed the number of projects necessary to meet the 
annual revenue requirement for the unit. 
(5) STANDARDS
FOR
TRUST
PROJECTS.—A 
County, Schools, and Revenue Trust Project shall be 
consistent with standards and guidelines contained 
in the land and resource management plan or land 
use plan for the unit of the National Forest System 
in which the project will occur, except that the Sec-
retary may modify such standards and guidelines for 
a specific trust project. 
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(c) SPECIAL AUTHORITY TO RESPOND TO CATA-
STROPHIC EVENTS.—Notwithstanding subsection (b)(4), 
the Secretary may designate any project conducted in re-
sponse to a catastrophic event as a County, Schools, and 
Revenue Trust Project. 
(d) PUBLIC
REVIEW
AND
REQUIRED
ENVIRON-
MENTAL ANALYSIS.— 
(1) PUBLIC NOTICE AND COMMENT.— 
(A) PROPOSED PROJECT.—The Secretary 
shall publish in the Federal Register notice of 
a proposed County, Schools, and Revenue Trust 
Project. The public may submit to the Sec-
retary specific written comments that relate to 
the trust project within 30 days after the date 
of the publication of the notice. 
(B) FINAL DECISION.—Not later than 120 
days after the date on which notice was pub-
lished under subparagraph (A) with regard to a 
proposed County, Schools, and Revenue Trust 
Project, and after taking into account any com-
ments received under such subparagraph, the 
Secretary shall designate the final trust project 
and publish in the Federal Register notice of 
the final designated trust project. 
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(C) OBJECTIONS.—Only persons who sub-
mitted comments regarding a proposed County, 
Schools, and Revenue Trust Project under sub-
paragraph (A) may submit to the Secretary 
specific written objections that relate to the 
final designated trust project. Any objections 
regarding the final trust project must be sub-
mitted within 30 days after the date of the pub-
lication of the notice under subparagraph (B). 
(2) ENVIRONMENTAL REPORT REQUIREMENT.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (C), the Secretary shall 
prepare an environmental report for each final 
designated County, Schools, and Revenues 
Trust Project within 180 days after the date on 
which notice was published under paragraph 
(1)(A) with regard to the project. 
(B) ELEMENTS OF REPORT.—The environ-
mental report for a trust project shall include 
at a minimum the following: 
(i) To the extent the Secretary con-
siders appropriate and feasible, an evalua-
tion of the environmental impacts of the 
proposed project, including the effect, if 
any, on threatened or endangered species 
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listed under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
(ii) Public comments received by the 
Secretary regarding the project under sub-
paragraph (A) of paragraph (1), objections 
to the project submitted under subpara-
graph (C) of such paragraph, and any re-
sponse to the comments and objections. 
(iii) Any modifications to the project 
to ensure that the annual revenue require-
ment is met. 
(C) SPECIAL DEADLINES FOR PROJECTS IN 
RESPONSE TO CATASTROPHIC EVENT.—In the 
case of a trust project proposed in response to 
a catastrophic event, the Secretary shall com-
plete the environmental report required by this 
paragraph within 30 days after the date on 
which notice was published under paragraph 
(1)(A) with regard to the proposed project. The 
Secretary shall adjust the deadlines for public 
comments specified in subparagraphs (A) and 
(C) of paragraph (1) as necessary to achieve 
the expedited reporting requirement imposed by 
this subparagraph. 
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(D) COST TO PREPARE ENVIRONMENTAL 
REPORT.—The costs to prepare the environ-
mental report for a trust project shall not ex-
ceed an amount equal to one-third of the esti-
mated value of the receipts to be generated by 
the trust project. 
(3) SOLE
MEANS
FOR
ADMINISTRATIVE
RE-
VIEW.—The procedures provided by this subsection 
are the sole means by which a person may seek ad-
ministrative review of a County, Schools, and Rev-
enue Trust Project. 
(4) NO JUDICIAL REVIEW.—There shall be no 
judicial review of the environmental report for a 
County, Schools, and Revenue Trust Project. 
(e) COMPLIANCE.—Compliance with this section shall 
be deemed to be compliance with the requirements of the 
Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1601 et seq.), the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4331 et seq.), sec-
tion 14 of the National Forest Management Act of 1976 
(16 U.S.C. 472a), the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), and the Multiple-Use Sustained- 
Yield Act of 1960 (16 U.S.C. 528 et seq.). 
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SEC. 106. DISTRIBUTION OF AMOUNTS FROM TRUST 
PROJECTS. 
(a) PERCENTAGE DISTRIBUTION.—The amounts de-
rived from a County, Schools, and Revenue Trust Project 
shall be distributed as follows: 
(1) 65 percent shall be deposited in the County, 
Schools, and Revenue Trust. 
(2) 35 percent shall be deposited in the general 
fund of the Treasury for use as provided in sub-
section (b). 
(b) USE OF FUNDS FOR FOREST SERVICE.— 
(1) IN
GENERAL.—Amounts deposited under 
subsection (a)(2) shall be available, in such amounts 
as may be provided in advance in appropriation 
Acts, for the Forest Service. 
(2) FUNDS
FOR
PERFORMANCE
BASED
CASH 
AWARDS.—Of the amount made available under 
paragraph (1) for a fiscal year, the Secretary shall 
make available to the responsible officials for units 
of the National Forest System up to one percent of 
the amount for the purpose of providing perform-
ance-based cash awards under section 4505a of title 
5, United States Code, to employees of the Forest 
Service who assist a unit in exceeding its minimum 
sale level for the fiscal year. 
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SEC. 107. PAYMENTS TO BENEFICIARY COUNTIES FROM 
COUNTY, SCHOOLS, AND REVENUE TRUST. 
(a) DISTRIBUTION METHOD.—As soon as practicable 
at the end of each fiscal year, the Secretary shall dis-
tribute all amounts that were deposited in the County, 
Schools, and Revenue Trust from trust projects for that 
fiscal year to the States for distribution to beneficiary 
counties in the manner provided by section 102(c)(1) of 
the Secure Rural Schools and Community Self-Determina-
tion Act of 2000 (16 U.S.C. 7112(c)(1)). 
(b) USE OF FUNDS.—The use of amounts received 
by a beneficiary county under this section shall be subject 
to subsections (c)(2) and (d) of section 102 of the Secure 
Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7112). 
SEC. 108. INITIAL PAYMENTS PENDING IMPLEMENTATION 
OF TRUST PROJECTS. 
(a) FISCAL YEAR 2012.— 
(1) BENEFICIARY COUNTIES.—As soon as prac-
ticable after the end of fiscal year 2012, the Sec-
retary of Agriculture shall distribute to each bene-
ficiary county a payment equal to the amount dis-
tributed to the beneficiary county for fiscal year 
2010 under section 102(c)(1) of the Secure Rural 
Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7112(c)(1)). 
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(2) COUNTIES THAT WERE ELIGIBLE FOR DI-
RECT COUNTY PAYMENTS.—As soon as practicable 
after the end of fiscal year 2012, the Secretary of 
the Interior shall distribute to each county that re-
ceived a payment for fiscal year 2010 under section 
102(a)(2) of the Secure Rural Schools and Commu-
nity Self-Determination Act of 2000 (16 U.S.C. 
7112(a)(2)) a payment equal to the amount distrib-
uted to the county for fiscal year 2010 under section 
102(c)(1) of the Secure Rural Schools and Commu-
nity Self-Determination Act of 2000 (16 U.S.C. 
7112(c)(1)) 
(b) FISCAL YEAR 2013.—As soon as practicable at 
the end of fiscal year 2013, the Secretary concerned shall 
distribute to each beneficiary county that received a pay-
ment under subsection (a)(1) and to each county that re-
ceived a payment under subsection (a)(2) a payment equal 
to 75 percent of the amount distributed to the county 
under subsection (a). 
(c) SOURCE OF FUNDS.—The amounts required to 
be distributed under this section shall be derived from 
funds in the County, Schools, and Revenue Trust. 
(d) USE OF FUNDS.—The distribution under this sec-
tion of amounts to a beneficiary county shall be subject 
to subsections (c)(2) and (d) of section 102 of the Secure 
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Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7112). The distribution under this sec-
tion of amounts to a county described in subsection (a)(2) 
shall be subject to subsection (d) of such section. 
TITLE II—PAYMENT IN LIEU OF 
TAXES AMENDMENTS 
SEC. 201. EXTENSION. 
Section 6906 of title 31, United States Code, is 
amended by striking ‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 202. INCLUSION IN DEFINITION OF PAYMENT LAW. 
Section 6903(a)(1) of title 31, United States Code, 
amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (I); 
(2) by striking the period at the end of sub-
paragraph (J) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(K) titles I and II of the Federal Forests 
County Revenue, Schools, and Jobs Act of 
2012.’’. 
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SEC. 203. CONGRESSIONAL NOTIFICATION AND PUBLICA-
TION OF INFORMATION. 
Section 6903 of title 31, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(e) CONGRESSIONAL
NOTIFICATION.—The Sec-
retary of the Interior shall submit to the Committee on 
Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Rep-
resentatives a list of States that have not submitted to 
the Secretary the data required to calculate payments 
under this chapter by January 15 of each year. 
‘‘(f) PUBLICATION.—The Secretary of the Interior 
shall— 
‘‘(1) publish in the Federal Register and on the 
Department of the Interior website a list of States 
that have not submitted to the Secretary the data 
required to calculate payments under this chapter by 
February 1 of each year; and 
‘‘(2) update the list published on the Depart-
ment of the Interior website under paragraph (1) to 
reflect any changes in the list.’’. 
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TITLE 
III—FOREST 
SERVICE 
RECREATION 
RESIDENCE 
PROGRAM 
SEC. 301. DEFINITIONS. 
In this title: 
(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— 
(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). 
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(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 302(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 
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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. 302. 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.— 
(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 
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paragraph (4), the Secretary shall assign each per-
mitted lot on National Forest System land to 1 of 
9 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 that meet 
Forest Service standards for approval shall su-
persede initial lot appraisal values for the nor-
malization 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 9. 
(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. 
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(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) $4,500; 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 
8 percent 
$500
Tier 2 
16 percent 
$1,000
Tier 3 
20 percent 
$1,500
Tier 4 
20 percent 
$2,000
Tier 5 
12 percent 
$2,500
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Fee Tier 
Approximate Percent of 
Permits Nationally 
Fee Amount 
Tier 6 
8 percent 
$3,000
Tier 7 
6 percent 
$3,500
Tier 8 
6 percent 
$4,000
Tier 9 
4 percent 
$4,500. 
(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-
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— 
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(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. 303. CABIN TRANSFER FEES. 
(a) PAYMENT OF CABIN TRANSFER FEES.—In con-
junction with the transfer of ownership of any cabin and 
the issuance of a new permit, the cabin owner transferring 
the cabin shall file with the Secretary a sworn statement 
declaring the amount of money or other value received, 
if any, for the transfer of the cabin. 
(b) AMOUNT.—As a condition of the issuance by the 
Secretary of a new authorization for the use and occu-
pancy of the cabin, the cabin owner transferring the cabin 
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shall pay to the Secretary a cabin transfer 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 percent of consider-
ation in excess of $250,000 up to 
$500,000 
$500,000.01 and above 
$1,000 plus 5 percent of consider-
ation in excess of $250,000 up to 
$500,000 plus 10 percent of con-
sideration in excess of $500,000. 
(c) INDEX.—The Secretary shall use changes in the 
Implicit Price Deflator for the Gross Domestic Product 
published by the Bureau of Economic Analysis of the De-
partment of Commerce, applied on a 5-year rolling aver-
age, to determine and apply an annual adjustment to the 
cabin transfer fee threshold amounts set forth in the table 
contained in subsection (b). 
SEC. 304. 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 305, 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, cabin transfer fee, or whether or not to 
reduce a cabin user fee under section 302(d). 
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(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 title 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 or the permit holder re-
sides. 
(3) EFFECT ON MEDIATION.—Nothing in this 
title precludes a person from seeking mediation for 
an action under this title. 
SEC. 305. EFFECT. 
(a) IN GENERAL.—Nothing in this title 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) 
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of the Alaska National Interest Lands Conservation Act 
(16 U.S.C. 3193(d)). 
SEC. 306. REGULATIONS. 
Not later than December 31, 2013, the Secretary 
shall issue regulations to carry out this title. 
Æ 
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