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 deter-
mining 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 sim-
ple, equitable, and predictable procedure 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cabin Fee Act of 
2010’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) AUTHORIZATION.—The terms ‘‘authorized’’ 
and ‘‘authorization’’ refer to the issuance of a spe-
cial use permit for the use and occupancy of Na-
tional Forest System land derived from the public 
domain by a cabin owner under the Recreation Resi-
dence Program. 
(2) CABIN.—The term ‘‘cabin’’ means a pri-
vately built and owned recreation residence and re-
lated improvements on National Forest System land 
derived from the public domain that is authorized 
for private use and occupancy and may be sold or 
transferred between private parties. 
(3) CABIN OWNER.—The term ‘‘cabin owner’’ 
means a person, heir, trust, or assignee authorized 
to use, occupy, and dispose of a cabin on National 
Forest System lands derived from the public domain 
or an heir or assignee of such a person. 
(4) CABIN TRANSFER FEE.—The term ‘‘cabin 
transfer fee’’ means a fee paid to the United States 
upon the transfer of a cabin between private parties 
for money or other consideration. 
(5) CABIN USER FEE.—The term ‘‘cabin user 
fee’’ means an annual fee paid to the United States 
by a cabin owner pursuant to an authorization for 
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the use and occupancy of a cabin on National Forest 
System land derived from the public domain. 
(6) CURRENT
CABIN
USER
FEE.—The term 
‘‘current cabin user fee’’ means the most recent 
cabin user fee, which results from an annual adjust-
ment to the prior cabin user fee under section 3(d). 
(7) LOT.—The term ‘‘lot’’ means a parcel of 
National Forest System land derived from the public 
domain on which a person is authorized to build, 
use, occupy, and maintain a cabin. 
(8) NATIONAL
FOREST
SYSTEM
LAND.—The 
term ‘‘National Forest System land’’ is limited to 
National Forest System land derived from the public 
domain. 
(9) RECREATION
RESIDENCE
PROGRAM.—The 
term ‘‘Recreation Residence Program’’ means the 
Recreation Residence Program established pursuant 
to the last paragraph under the heading ‘‘FOREST 
SERVICE’’ in the Act of March 4, 1915 (38 Stat. 
1101, chapter 144; 16 U.S.C. 497). 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Agriculture, acting through 
the Chief of the Forest Service. 
(11) TYPICAL
LOT.—The term ‘‘typical lot’’ 
means a cabin lot, or group of cabin lots, in a tract 
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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.— 
(1) ANNUAL PAYMENT.—A cabin user fee shall 
be paid annually by the cabin owner. 
(2) INSTALLMENTS.—Payment of the cabin 
user fee for a year may be made in two installments. 
(b) INITIAL CABIN USER FEES.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish initial cabin user fees in the manner required 
by this subsection. 
(2) ASSIGNMENT TO VALUE TIERS.—The Sec-
retary shall assign each permitted lot on National 
Forest System land to one of five tiers based on the 
most recent appraised value of the typical lot to 
which the permitted lot is assigned, as of the date 
of the enactment of this Act. The tiers shall be ar-
ranged according to relative lot value, with lots hav-
ing the lowest appraised value assigned to Tier 1 
and lots having the highest appraised value assigned 
to Tier 5. The number of lots (by percentage) as-
signed to each tier is specified in the table contained 
in paragraph (3) and is intended to achieve fairness 
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and affordability. The cabin user fee assigned shall 
be based on the particular tier in which a lot is 
placed, as specified in the table contained in para-
graph (3). 
(3) TABLE OF INITIAL CABIN USER FEES.—The 
initial cabin user fees, based on the assignments 
made by the Secretary under subsection (b), are as 
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. 
(4) EFFECTIVE DATE.—The initial cabin user 
fees required by this subsection shall take effect be-
ginning with the first calendar year beginning after 
the date of the enactment of this Act. 
(c) OVERPAYMENTS OR UNDERPAYMENTS.— 
(1) OVERPAYMENTS.—If the initial cabin user 
fee established for a cabin for the calendar year 
specified in subsection (b)(4) or the current cabin 
user fee in effect for a subsequent year is less than 
the amount of the cabin user fee already paid by the 
cabin owner for that calendar year, the Secretary 
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shall remit to the cabin owner any difference that is 
$25 or more between the amount of the cabin user 
fee already paid for that calendar year and the 
amount of the initial cabin user fee or current cabin 
user fee, whichever applies. 
(2) UNDERPAYMENTS.—If the initial cabin user 
fee established for a cabin for the calendar year 
specified in subsection (b)(4) or the current cabin 
user fee in effect for a subsequent year is more than 
the amount of the cabin user fee already paid by the 
cabin owner for that calendar year, the Secretary 
shall collect from the cabin owner any difference 
that is $25 or more between the amount of the cabin 
user fee paid already paid for that calendar year and 
the amount of the initial cabin user fee or current 
cabin user fee, whichever applies. 
(d) ANNUAL ADJUSTMENTS OF CABIN USER FEE.— 
The Secretary shall use changes in the Implicit Price 
Deflator for the Gross Domestic Product published by the 
Bureau of Economic Analysis of the Department of Com-
merce, applied on a five-year rolling average, to determine 
and apply an annual adjustment to cabin user fees. 
(e) EFFECT OF DESTRUCTION, SUBSTANTIAL DAM-
AGE, OR LOSS OF ACCESS.—If a cabin is destroyed or suf-
fers substantial damage (greater than 50 percent), or if 
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access to a cabin is significantly impaired, whether by cat-
astrophic events, natural causes or governmental actions, 
such that the cabin is rendered unsafe or unable to be 
occupied as a result, the Secretary shall reduce the cabin 
user fee for the affected lot to $100 per year. This fee 
shall be in effect for the remainder of the year in which 
the destruction occurs and until such time as the cabin 
may be lawfully reoccupied and normal access has been 
restored. 
SEC. 4. CABIN TRANSFER FEES. 
(a) PAYMENT OF CABIN TRANSFER FEES.—In con-
junction with the transfer of ownership of any cabin, the 
transferor 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. As a condition of 
the issuance by the Secretary of a new authorization for 
the use and occupancy of the cabin, the transferor shall 
pay, or cause to be paid, 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% 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 ex-
cess of $500,000. 
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(b) 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 five-year rolling aver-
age, to determine and apply an annual adjustment to the 
cabin transfer fee threshold amounts ($250,000.01 and 
$500,000.01) set forth in the table contained in subsection 
(a). 
SEC. 5. ALLOCATION OF CABIN USER FEE AND CABIN 
TRANSFER FEE REVENUE. 
The Secretary shall retain the amount of revenue 
from cabin user fees and cabin transfer fees necessary to 
fully cover the costs incurred by the Forest Service to ad-
minister the Recreation Residence Program. Revenue col-
lected in excess of that amount shall be deposited in the 
Treasury. 
SEC. 6. RIGHT OF APPEAL AND JUDICIAL REVIEW. 
(a) RIGHT OF APPEAL.—Notwithstanding any action 
of a cabin owner to exercise rights in accordance with sec-
tion 7, the Secretary shall by regulation grant the cabin 
owner the right to an administrative appeal of the deter-
mination of a new cabin user fee. 
(b) JUDICIAL REVIEW.—A cabin owner that contests 
a final decision of the Secretary under this Act may bring 
a civil action in United States district court. 
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SEC. 7. CONSISTENCY WITH OTHER LAW AND RIGHTS. 
(a) CONSISTENCY WITH RIGHTS OF THE UNITED 
STATES.—Nothing in this Act limits or restricts 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. 8. REGULATIONS. 
The Secretary shall promulgate regulations to carry 
out this Act not later than the effective date specified in 
section 3(b)(4). 
Æ 
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