S.Amdt. 3504

1. Adds TITLE III--CABIN USER FEES at the end of the bill

   Adds a title

   In S. 2363 · Placed on Calendar Senate

   (d) Limitation on Authority.--Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by inserting "exclusive" before "authority".

   Inserted: TITLE III--CABIN USER FEES

   Inserted: SECTION 301. SHORT TITLE.

   Inserted: This title may be cited as the "Cabin Fee Act of 2014".

   Inserted: SEC. 302. CABIN USER FEES.

   Inserted: (a) In General.--The Secretary of Agriculture (referred to in this title as the "Secretary") shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes.

   Inserted: (b) Interim Fee.--During the period beginning on January 1, 2014, and ending on the last day of the calendar year during which the current appraisal cycle is completed under subsection (c), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of--

   Inserted: (1) the fee determined under the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or

   Inserted: (2) $5,600.

   Inserted: (c) Completion of Current Appraisal Cycle.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the current appraisal cycle, including receipt of timely second appraisals, for recreational residences on National Forest System land in accordance with the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the "current appraisal cycle").

   Inserted: (d) Lot Value.--

   Inserted: (1) In general.--To establish the base value assigned to a lot under this section, the Secretary shall use only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) during the current appraisal cycle.

   Inserted: (2) Second appraisal.--If a second appraisal--

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   Inserted: (A) is approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or

   Inserted: (B) is not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot.

   Inserted: (e) Adjustment.--On the date of completion of the current appraisal cycle and before assessing a fee under subsection (f), the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index.

   Inserted: (f) Annual Fee.--

   Inserted: (1) Base.--After the date on which appraised lot values have been adjusted in accordance with subsection (e), the annual fee assessed prospectively by the Secretary for recreational residences on National Forest System land shall be in accordance with the following tiered fee structure:

   Inserted: ------------------------------------------------------------------------Approximate Percent of Fee Fee Tier Permits Nationally Amount Tier 1............................... 6 percent............... $600 Tier 2............................... 16 percent.............. $1,100 Tier 3............................... 26 percent............. $1,600 Tier 4............................... 22 percent............. $2,100 Tier 5............................... 10 percent............. $2,600 Tier 6............................... 5 percent............... $3,100 Tier 7............................... 5 percent.............. $3,600 Tier 8............................... 3 percent.............. $4,100 Tier 9............................... 3 percent.............. $4,600 Tier 10.............................. 3 percent.............. $5,100 Tier 11.............................. 1 percent............... $5,600.

   Inserted: (2) Inflation adjustment.--The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect 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.

   Inserted: (3) Access and occupancy adjustment.--

   Inserted: (A) In general.--The Secretary shall by regulation establish criteria pursuant to which the annual fee determined in accordance with this section may be suspended or reduced temporarily if access to, or the occupancy of, the recreational residence is significantly restricted.

   Inserted: (B) Appeal.--The Secretary shall by regulation grant the cabin owner the right of an administrative appeal of the determination made in accordance with subparagraph (A) with respect to whether to suspend or reduce temporarily the annual fee.

   Inserted: (g) Periodic Review.--

   Inserted: (1) In general.--Beginning on the date that is 10 years after the date of the enactment of this Act, the Secretary 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 report that--

   Inserted: (A) analyzes the annual fees set forth in the table under subsection (f)(1) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and

   Inserted: (B) includes any recommendations of the Secretary with respect to modifying the fee system.

   Inserted: (2) Limitation.--The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B).

   Inserted: SEC. 303. CABIN TRANSFER FEES.

   Inserted: (a) In General.--The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence.

   Inserted: (b) Adjustments.--The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect 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.

   Inserted: SEC. 304. EFFECT.

   Inserted: (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 in the National Forest System.

   Inserted: (b) Alaska.--The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)).

   Inserted: SEC. 305. RETENTION OF FEES.

   Inserted: (a) In General.--Beginning 10 years after the date of the enactment of this Act, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this title without further appropriation.

   Inserted: (b) Use.--Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land.

   Inserted: SEC. 306. REPEAL OF CABIN USER FEES FAIRNESS ACT OF 2000.

   Inserted: Effective on the date of the assessment of annual permit fees in accordance with section 302(f) (as certified to Congress by the Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed.

   Original wording

   At the end of the bill, add the following:

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As printed