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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 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:

------------------------------------------------------------------------
Approximate Percent of
Fee Tier 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 beginning 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 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 Commerce, applied on a 5-year rolling
average, to assess an annual adjustment to cabin user fees.
(d) Effect of Destruction, Substantial Damage, 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 substantial
damage in an amount that is greater than 50 percent of
replacement cost of the cabin; or
(B) access to the cabin is significantly impaired,
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 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 administrative 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 paragraph (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
regulation).
(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.
(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 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. 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.
Cabin Fee Act of 2012 - Directs the Secretary of Agriculture (USDA) to set an annual fee for, and requires the payment of such fee to the United States by, an authorized owner of a privately built and owned recreational cabin located on National Forest System land.

Reduces such fee to $100 annually if access to a cabin is significantly impaired, either by natural causes or governmental actions.

Requires payment of a transfer fee to the United States upon the transfer of a cabin between private parties for consideration.

Requires the Secretary to grant a cabin owner the right to administrative appeal of a cabin fee decision, which may be reviewed by bringing a civil action in U.S. district court.