HR 4019 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 4019CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 14, 2012CommentsClose CommentsPermalink

Mr. HASTINGS of Washington introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee 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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--COUNTY, SCHOOLS, AND REVENUE TRUST FOR FEDERAL FOREST LAND

Sec. 101. Definitions.CommentsClose CommentsPermalink





Sec. 102. County, Schools, and Revenue Trust.CommentsClose CommentsPermalink





Sec. 103. Opt out option.CommentsClose CommentsPermalink





Sec. 104. Determination of annual revenue requirement and minimum sale level.CommentsClose CommentsPermalink





Sec. 105. County, Schools, and Revenue Trust Projects.CommentsClose CommentsPermalink





Sec. 106. Distribution of amounts from trust projects.CommentsClose CommentsPermalink





Sec. 107. Payments to beneficiary counties from County, Schools, and Revenue Trust.CommentsClose CommentsPermalink





Sec. 108. Initial payments pending implementation of trust projects.CommentsClose CommentsPermalink

TITLE II--PAYMENT IN LIEU OF TAXES AMENDMENTS

Sec. 201. Extension.CommentsClose CommentsPermalink





Sec. 202. Inclusion in definition of payment law.CommentsClose CommentsPermalink





Sec. 203. Congressional notification and publication of information.CommentsClose CommentsPermalink

TITLE III--FOREST SERVICE RECREATION RESIDENCE PROGRAM

Sec. 301. Definitions.CommentsClose CommentsPermalink





Sec. 302. Cabin user fees.CommentsClose CommentsPermalink





Sec. 303. Cabin transfer fees.CommentsClose CommentsPermalink





Sec. 304. Right of appeal and judicial review.CommentsClose CommentsPermalink





Sec. 305. Effect.CommentsClose CommentsPermalink





Sec. 306. Regulations.CommentsClose CommentsPermalink

TITLE I--COUNTY, SCHOOLS, AND REVENUE TRUST FOR FEDERAL FOREST LANDCommentsClose CommentsPermalink

SEC. 101. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(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 determined under section 104.CommentsClose CommentsPermalink





(2) BENEFICIARY COUNTY-CommentsClose CommentsPermalink





(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-Determination Act of 2000 (16 U.S.C. 7111 et seq.).CommentsClose CommentsPermalink





(B) EXCLUSION OF CERTAIN COUNTIES- The term does not include a political subdivision of a State that elects not to participate under section 103. A political subdivision that opts out of participation may still receive payments 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).CommentsClose CommentsPermalink





(3) CATASTROPHIC EVENT- The term ‘catastrophic 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.CommentsClose CommentsPermalink





(4) CHARGEABLE VOLUME-CommentsClose CommentsPermalink





(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 regionally applicable utilization and merchantability standards.CommentsClose CommentsPermalink





(B) EXCLUSION- The term does not include post and pole sales and personal use firewood.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(6) COUNTY, SCHOOLS, AND REVENUE TRUST PROJECT- The terms ‘County, Schools, and Revenue Trust Project’ and ‘trust project’ mean a project designated by the Secretary as a project to generate amounts to help meet the annual revenue requirement.CommentsClose CommentsPermalink





(7) FEDERAL LAND- The term ‘Federal land’ means--CommentsClose CommentsPermalink





(A) land within the National Forest System; andCommentsClose CommentsPermalink





(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 Department 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.CommentsClose CommentsPermalink





(8) MINIMUM SALE LEVEL- The term ‘minimum 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 year 1980 through fiscal year 2000, as determined under section 104.CommentsClose CommentsPermalink





(9) NATIONAL FOREST SYSTEM- The term ‘National Forest System’ has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012).CommentsClose CommentsPermalink





(10) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture or the designee of the Secretary of Agriculture.CommentsClose CommentsPermalink





(11) SECRETARY CONCERNED- The term ‘Secretary concerned’ means--CommentsClose CommentsPermalink





(A) the Secretary of Agriculture or the designee of the Secretary of Agriculture with respect to National Forest System land; andCommentsClose CommentsPermalink





(B) the Secretary of the Interior or the designee of the Secretary of the Interior with respect to the Federal land described in paragraph (7)(B).CommentsClose CommentsPermalink





(12) STATE- The term ‘State’ includes the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(14) TRUSTEE- The term ‘Trustee’ means the Secretary, acting as the trustee of the County, Schools, and Revenue Trust.CommentsClose CommentsPermalink

SEC. 102. COUNTY, SCHOOLS, AND REVENUE TRUST.

(a) Establishment of Trust- There is established in the Treasury a fund to be known as the ‘County, Schools, and Revenue Trust’.CommentsClose CommentsPermalink





(b) Trust Purpose- The purpose of the Trust is to provide a dependable source of revenue for each beneficiary county containing National Forest System land.CommentsClose CommentsPermalink





(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 requirement established for units of the National Forest System.CommentsClose CommentsPermalink





(d) Trust Assets-CommentsClose CommentsPermalink





(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 under section 108 during fiscal years 2012 and 2013.CommentsClose CommentsPermalink





(2) PORTION OF RECEIPTS FROM TRUST PROJECTS- There shall be credited to the Trust all amounts required by section 106(a)(1) to be deposited in the Trust from County, Schools, and Revenue Trust Projects.CommentsClose CommentsPermalink





(e) Limitations- The assets of the Trust shall not--CommentsClose CommentsPermalink





(1) be subject to garnishment by, or otherwise paid to, a creditor of a beneficiary county;CommentsClose CommentsPermalink





(2) be expended other than for the purposes authorized in subsections (b) and (c) of section 107; orCommentsClose CommentsPermalink





(3) be used in lieu of or to otherwise offset State funding sources for local schools, facilities, or educational purposes.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Time and Duration of Election- An election 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.CommentsClose CommentsPermalink





(c) Effect of Election-CommentsClose CommentsPermalink





(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 accordance with other laws applicable to the National Forest System land.CommentsClose CommentsPermalink





(2) COMPLETION OF EXISTING PROJECTS- Trust projects underway before the effective date of the opt out may be completed.CommentsClose CommentsPermalink

SEC. 104. DETERMINATION OF ANNUAL REVENUE REQUIREMENT AND MINIMUM SALE LEVEL.

Not later than 60 days after the date of the enactment of this Act, the Secretary shall determine for each unit of the National Forest System--CommentsClose CommentsPermalink





(1) the annual revenue requirement for the unit; andCommentsClose CommentsPermalink





(2) the minimum sale level for the unit.CommentsClose CommentsPermalink

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).CommentsClose CommentsPermalink





(b) Designation of Projects-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as otherwise provided 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.CommentsClose CommentsPermalink





(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 recreational use, and projects implementing a community wildfire protection plan.CommentsClose CommentsPermalink





(3) EXCLUSION OF CERTAIN LAND FROM TRUST PROJECTS- A trust project shall not be designated on National Forest System land--CommentsClose CommentsPermalink





(A) that is a component of the National Wilderness Preservation System;CommentsClose CommentsPermalink





(B) on which the removal of vegetation is specifically prohibited by Federal law; orCommentsClose CommentsPermalink





(C) over which administrative jurisdiction was assumed by the Forest Service under section 311.CommentsClose CommentsPermalink





(4) MAXIMUM NUMBER OF DESIGNATED PROJECTS- The maximum number of trust projects designated by the Secretary for a unit of the National Forest System for a fiscal year may not exceed the number of projects necessary to meet the annual revenue requirement for the unit.CommentsClose CommentsPermalink





(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 Secretary may modify such standards and guidelines for a specific trust project.CommentsClose CommentsPermalink





(c) Special Authority To Respond to Catastrophic Events- Notwithstanding subsection (b)(4), the Secretary may designate any project conducted in response to a catastrophic event as a County, Schools, and Revenue Trust Project.CommentsClose CommentsPermalink





(d) Public Review and Required Environmental Analysis-CommentsClose CommentsPermalink





(1) PUBLIC NOTICE AND COMMENT-CommentsClose CommentsPermalink





(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 Secretary specific written comments that relate to the trust project within 30 days after the date of the publication of the notice.CommentsClose CommentsPermalink





(B) FINAL DECISION- Not later than 120 days after the date on which notice was published under subparagraph (A) with regard to a proposed County, Schools, and Revenue Trust Project, and after taking into account any comments 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.CommentsClose CommentsPermalink





(C) OBJECTIONS- Only persons who submitted comments regarding a proposed County, Schools, and Revenue Trust Project under subparagraph (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 submitted within 30 days after the date of the publication of the notice under subparagraph (B).CommentsClose CommentsPermalink





(2) ENVIRONMENTAL REPORT REQUIREMENT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) ELEMENTS OF REPORT- The environmental report for a trust project shall include at a minimum the following:CommentsClose CommentsPermalink





(i) To the extent the Secretary considers appropriate and feasible, an evaluation of the environmental impacts of the proposed project, including the effect, if any, on threatened or endangered species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).CommentsClose CommentsPermalink





(ii) Public comments received by the Secretary regarding the project under subparagraph (A) of paragraph (1), objections to the project submitted under subparagraph (C) of such paragraph, and any response to the comments and objections.CommentsClose CommentsPermalink





(iii) Any modifications to the project to ensure that the annual revenue requirement is met.CommentsClose CommentsPermalink





(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 complete 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.CommentsClose CommentsPermalink





(D) COST TO PREPARE ENVIRONMENTAL REPORT- The costs to prepare the environmental report for a trust project shall not exceed an amount equal to one-third of the estimated value of the receipts to be generated by the trust project.CommentsClose CommentsPermalink





(3) SOLE MEANS FOR ADMINISTRATIVE REVIEW- The procedures provided by this subsection are the sole means by which a person may seek administrative review of a County, Schools, and Revenue Trust Project.CommentsClose CommentsPermalink





(4) NO JUDICIAL REVIEW- There shall be no judicial review of the environmental report for a County, Schools, and Revenue Trust Project.CommentsClose CommentsPermalink





(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 Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), section 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.).CommentsClose CommentsPermalink

SEC. 106. DISTRIBUTION OF AMOUNTS FROM TRUST PROJECTS.

(a) Percentage Distribution- The amounts derived from a County, Schools, and Revenue Trust Project shall be distributed as follows:CommentsClose CommentsPermalink





(1) 65 percent shall be deposited in the County, Schools, and Revenue Trust.CommentsClose CommentsPermalink





(2) 35 percent shall be deposited in the general fund of the Treasury for use as provided in subsection (b).CommentsClose CommentsPermalink





(b) Use of Funds for Forest Service-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 performance-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.CommentsClose CommentsPermalink

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 distribute 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-Determination Act of 2000 (16 U.S.C. 7112(c)(1)).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 108. INITIAL PAYMENTS PENDING IMPLEMENTATION OF TRUST PROJECTS.

(a) Fiscal Year 2012-CommentsClose CommentsPermalink





(1) BENEFICIARY COUNTIES- As soon as practicable after the end of fiscal year 2012, the Secretary of Agriculture shall distribute to each beneficiary county a payment equal to the amount distributed 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)).CommentsClose CommentsPermalink





(2) COUNTIES THAT WERE ELIGIBLE FOR DIRECT COUNTY PAYMENTS- As soon as practicable after the end of fiscal year 2012, the Secretary of the Interior shall distribute to each county that received a payment for fiscal year 2010 under section 102(a)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(a)(2)) a payment equal to the amount distributed to the 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))CommentsClose CommentsPermalink





(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 payment under subsection (a)(1) and to each county that received a payment under subsection (a)(2) a payment equal to 75 percent of the amount distributed to the county under subsection (a).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Use of Funds- The distribution under this section of amounts to a beneficiary county 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). The distribution under this section of amounts to a county described in subsection (a)(2) shall be subject to subsection (d) of such section.CommentsClose CommentsPermalink

TITLE II--PAYMENT IN LIEU OF TAXES AMENDMENTSCommentsClose CommentsPermalink

SEC. 201. EXTENSION.

Section 6906 of title 31, United States Code, is amended by striking ‘2012’ and inserting ‘2017’.CommentsClose CommentsPermalink

SEC. 202. INCLUSION IN DEFINITION OF PAYMENT LAW.

Section 6903(a)(1) of title 31, United States Code, amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of subparagraph (I);CommentsClose CommentsPermalink





(2) by striking the period at the end of subparagraph (J) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(K) titles I and II of the Federal Forests County Revenue, Schools, and Jobs Act of 2012.’.CommentsClose CommentsPermalink

SEC. 203. CONGRESSIONAL NOTIFICATION AND PUBLICATION OF INFORMATION.

Section 6903 of title 31, United States Code, is amended by adding at the end the following new subsections:CommentsClose CommentsPermalink





‘(e) Congressional Notification- The Secretary 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 Representatives 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.CommentsClose CommentsPermalink





‘(f) Publication- The Secretary of the Interior shall--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(2) update the list published on the Department of the Interior website under paragraph (1) to reflect any changes in the list.’.CommentsClose CommentsPermalink

TITLE III--FOREST SERVICE RECREATION RESIDENCE PROGRAMCommentsClose CommentsPermalink

SEC. 301. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) CABIN- The term ‘cabin’ means a privately built and owned recreation residence and related improvements on National Forest System land that--CommentsClose CommentsPermalink





(A) is authorized for private use and occupancy; andCommentsClose CommentsPermalink





(B) may be sold or transferred between private parties.CommentsClose CommentsPermalink





(3) CABIN OWNER- The term ‘cabin owner’ means--CommentsClose CommentsPermalink





(A) a person authorized by the Secretary to use and to occupy a cabin; andCommentsClose CommentsPermalink





(B) a trust, heir, or assign of a person described in subparagraph (A).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) CURRENT APPRAISAL CYCLE- The term ‘current appraisal cycle’ means the completion of Forest Service review and acceptance of--CommentsClose CommentsPermalink





(A) initial typical lot appraisals; andCommentsClose CommentsPermalink





(B) second appraisals, if ordered by cabin owners and approved by the Forest Service.CommentsClose CommentsPermalink





(7) CURRENT CABIN USER FEE- The term ‘current cabin user fee’ means the most recent cabin user fee, as adjusted under section 302(c).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(11) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 302. 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.CommentsClose CommentsPermalink





(b) Initial Cabin User Fees-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Secretary shall establish initial cabin user fees in accordance with this subsection.CommentsClose CommentsPermalink





(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 9 tiers based on the following considerations:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) Second appraisal values that meet Forest Service standards for approval shall supersede initial lot appraisal values for the normalization and ranking process under subparagraph (A).CommentsClose CommentsPermalink





(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 9.CommentsClose CommentsPermalink





(D) The number of lots (by percentage) assigned to each tier is contained in the table set forth in paragraph (3).CommentsClose CommentsPermalink





(E) Data from incomplete appraisals may not be used to establish the fee tiers under this subsection.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) $4,500; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) AMOUNT OF INITIAL CABIN USER FEES- The initial cabin user fees, based on the assignments under paragraph (2), are as follows:CommentsClose CommentsPermalink

--------------------------------------------------------------CommentsClose CommentsPermalink

Fee Tier Approximate Percent of Permits Nationally Fee Amount CommentsClose CommentsPermalink

--------------------------------------------------------------CommentsClose CommentsPermalink

  Tier 1                                 8 percent       $500 CommentsClose CommentsPermalink

  Tier 2                                16 percent     $1,000 CommentsClose CommentsPermalink

  Tier 3                                20 percent     $1,500 CommentsClose CommentsPermalink

  Tier 4                                20 percent     $2,000 CommentsClose CommentsPermalink

  Tier 5                                12 percent     $2,500 CommentsClose CommentsPermalink

  Tier 6                                 8 percent     $3,000 CommentsClose CommentsPermalink

  Tier 7                                 6 percent     $3,500 CommentsClose CommentsPermalink

  Tier 8                                 6 percent     $4,000 CommentsClose CommentsPermalink

  Tier 9                                 4 percent    $4,500. CommentsClose CommentsPermalink

--------------------------------------------------------------CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Effect of Destruction, Substantial Damage, or Loss of Access-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall reduce the cabin user fee to $100 per year for a cabin if--CommentsClose CommentsPermalink





(A) the cabin is destroyed or suffers substantial damage in an amount that is greater than 50 percent of replacement cost of the cabin; orCommentsClose CommentsPermalink





(B) access to the cabin is significantly impaired, whether by catastrophic events, natural causes, or governmental actions.CommentsClose CommentsPermalink





(2) TERM OF REDUCED FEE- The reduced fee under paragraph (1) shall be in effect until the later of--CommentsClose CommentsPermalink





(A) the last day of the year in which the destruction or impairment occurs; orCommentsClose CommentsPermalink





(B) the date on which the cabin may be lawfully reoccupied and normal access has been restored.CommentsClose CommentsPermalink

SEC. 303. CABIN TRANSFER FEES.

(a) Payment of Cabin Transfer Fees- In conjunction 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.CommentsClose CommentsPermalink





(b) Amount- 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 an amount determined as follows:CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

Consideration Received by Transfer                                                                                                                 Transfer Fee Amount CommentsClose CommentsPermalink

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                    $0 to $250,000                                                                                                                              $1,000 CommentsClose CommentsPermalink

        $250,000.01 to $500,000.00                                                         $1,000 plus 5 percent of consideration in excess of $250,000 up to $500,000 CommentsClose CommentsPermalink

             $500,000.01 and above $1,000 plus 5 percent of consideration in excess of $250,000 up to $500,000 plus 10 percent of consideration in excess of $500,000. CommentsClose CommentsPermalink

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(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 Department of Commerce, applied on a 5-year rolling average, to determine and apply an annual adjustment to the cabin transfer fee threshold amounts set forth in the table contained in subsection (b).CommentsClose CommentsPermalink

SEC. 304. RIGHT OF APPEAL AND JUDICIAL REVIEW.

(a) Right of Appeal-CommentsClose CommentsPermalink





(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 administrative 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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(b) Judicial Review-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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 resides.CommentsClose CommentsPermalink





(3) EFFECT ON MEDIATION- Nothing in this title precludes a person from seeking mediation for an action under this title.CommentsClose CommentsPermalink

SEC. 305. EFFECT.

(a) In General- Nothing in this title limits or restricts any right, title, or interest of the United States in or to any land or resource.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink

SEC. 306. REGULATIONS.

Not later than December 31, 2013, the Secretary shall issue regulations to carry out this title.CommentsClose CommentsPermalink