,i #aacth ,,congress #ast ,session ,h4 ,r4 #aaei ,,in ,,the ,,house ,,of ,,representatives ,march #ad1 #bjac ,mr4 ,hastings of ,washington 7for himself1 ,mr4 ,bishop of ,utah1 ,mr4 ,simpson1 and ,mr4 ,daines7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to modify the ,forest ,service ,recreation ,residence ,program by implementing a simple1 equitable1 and predictable procedure for determining cabin user fees1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,cabin ,fee ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,cabin user fees4 ,sec4 #d4 ,payment of cabin transfer fees4 ,sec4 #e4 ,right of appeal and judicial review4 ,sec4 #f4 ,effect4 ,sec4 #g4 ,regulations4 #b4 ,definitions ,in this ,act3 7#a7 ,authorization2 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 ,program4 7#b7 ,cabin ,the term cabin means a privately built and owned recreation residence and related improvements on ,national ,forest ,system land that-- 7,a7 is authorized for private use and occupancy2 and 7,b7 may be sold or transferred between private parties4 7#c7 ,cabin owner ,the term cabin owner means-- 7,a7 a person authorized by the ,secretary to use and to occupy a cabin2 and 7,b7 a trust1 heir1 or assign of a person described in subparagraph 7,a74 7#d7 ,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 permit4 7#e7 ,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 cabin4 7#f7 ,current appraisal cycle ,the term current appraisal cycle means the completion of ,forest ,service review and acceptance of-- 7,a7 initial typical lot appraisals2 and 7,b7 second appraisals1 if ordered by cabin owners and approved by the ,forest ,service4 7#g7 ,current cabin user fee ,the term current cabin user fee means the most recent cabin user fee1 as adjusted under section #c7;c74 7#h7 ,lot ,the term lot means a parcel of ,national ,forest ,system land on which a person is authorized to build1 use1 occupy1 and maintain a cabin4 7#i7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji74 7#aj7 ,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 #d1 #aiae 7#af ,u4,s4,c4 #dig74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 7#ab7 ,typical lot ,the term typical lot means a cabin lot1 or group of cabin lots1 in a tract that is selected for use in an appraisal as being representative of1 and that has similar value characteristics as1 other lots or groups of lots within the tract4 #c4 ,cabin user fees 7a7 ,payment of cabin user fees ,cabin owners shall pay an annual cabin user fee established by the ,secretary in accordance with this section4 7b7 ,initial cabin user fees 7#a7 ,establishment ,the ,secretary shall establish initial cabin user fees in accordance with this subsection4 7#b7 ,assignment to value tiers ,on completion of the current appraisal cycle1 as required by paragraph 7#d71 the ,secretary shall assign each permitted lot on ,national ,forest ,system land to #a of #aj tiers based on the following considerations3 7,a7 ,before assigning the lots to tiers1 all appraised lot values shall be adjusted1 or normalized1 for price changes occurring after the appraisal1 in accordance with the ,national ,association of ,homebuilders_/,wells ,fargo ,housing ,opportunity ,index4 7,b7 ,second appraisal values shall supersede initial lot appraisal values for the normalization and ranking process under subparagraph 7,a74 7,c7 ,the tiers shall be established1 on a national basis1 according to relative lot value1 with lots having the lowest adjusted appraised value assigned to tier #a and lots having the highest adjusted appraised value assigned to tier #aj4 7,d7 ,the number of lots 7by percentage7 assigned to each tier is contained in the table set forth in paragraph 7#c74 7,e7 ,data from incomplete appraisals may not be used to establish the fee tiers under this subsection4 7,f7 ,until assigned to a tier under this subsection1 the ,secretary shall assess 7and may adjust annually subject to clause 7ii77 an interim fee for permitted cabin lots 7including lots with incomplete appraisals7 in an amount equal to the lesser of-- 7i7 #e1jjj2 or 7ii7 the amount of the current cabin user fee1 as determined under the ,cabin ,user ,fee ,fairness ,act of #bjjj 7#af ,u4,s4,c4 #fbja et seq471 which amount the ,secretary may increase annually by not more than #be percent1 except that the increased fee shall not exceed the otherwise scheduled fee determined under the ,cabin ,user ,fee ,fairness ,act of #bjjj4 7#c7 ,amount of initial cabin user fees ,the initial cabin user fees1 based on the assignments under paragraph 7#b71 are as follows3 ,fee ,tier,approximate ,percent of ,permits ,nationally,fee ,amount ,tier #a #e percent#ejj ,tier #bab percent#a1jjj ,tier #c #bb percent#a1ejj ,tier #d #bb percent#b1jjj ,tier #eaj percent#b1ejj ,tier #f #i percent#c1jjj ,tier #g #f percent#c1ejj ,tier #h #e percent#d1jjj ,tier #i #e percent#d1ejj ,tier #aj #d percent #e1jjj 7#d7 ,deadline for completion of current appraisal cycle ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall complete the current appraisal cycle4 7#e7 ,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 cycle4 7c7 ,annual adjustments of cabin user fee ,once initial cabin user fees have been assessed1 based on the tier assignments under subsection 7b77#b71 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 ,commerce1 applied on a #e-year rolling average1 to assess an annual adjustment to cabin user fees4 7d7 ,effect of destruction1 substantial damage1 or loss of access 7#a7 ,in general ,the ,secretary shall reduce the cabin user fee to #ajj per year for a cabin if-- 7,a7 the cabin is destroyed or suffers substantial damage in an amount that is greater than #ej percent of replacement cost of the cabin2 or 7,b7 access to the cabin is significantly impaired1 whether by catastrophic events1 natural causes1 or governmental actions4 7#b7 ,term of reduced fee ,the reduced fee under paragraph 7#a7 shall be in effect until the later of-- 7,a7 the last day of the year in which the destruction or impairment occurs2 or 7,b7 the date on which the cabin may be lawfully reoccupied and normal access has been restored4 #d4 ,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 cabin1 the cabin owner transferring the cabin shall pay to the ,secretary a cabin transfer fee in the amount of #a1bjj4 #e4 ,right of appeal and judicial review 7a7 ,right of appeal 7#a7 ,in general ,notwithstanding any action of a cabin owner to exercise rights in accordance with section #f1 the ,secretary shall by regulation grant to the cabin owner the right to an administrative appeal of the determination of a new cabin user fee1 fee tier1 or whether or not to reduce a cabin user fee under section #c7;d74 7#b7 ,applicable law ,an appeal under paragraph 7#a7 shall be pursuant to the appeal process provided under subpart ,c of part #bea of title #cf1 ,code of ,federal ,regulations 7or a successor regulation74 7b7 ,judicial review 7#a7 ,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 court4 7#b7 ,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 located4 7#c7 ,effect on mediation ,nothing in this ,act precludes a person from seeking mediation for an action under this ,act4 #f4 ,effect 7a7 ,in general ,nothing in this ,act limits or restricts any right1 title1 or interest of the ,united ,states in or to any land or resource4 7b7 ,special rule for alaska ,in determining a cabin user fee in the ,state of ,alaska1 the ,secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with #acjc7;d7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caic7;d774 #g4 ,regulations ,not later than ,december #ca1 #bjad1 the ,secretary shall issue regulations to carry out this ,act4