CHAPTER 81 —USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
§§6201 to 6213. Repealed. Pub. L. 113–291, div. B, title XXX, §3024(k), Dec. 19, 2014, 128 Stat. 3766
Section 6201,
Section 6202,
Section 6203,
Section 6204,
Section 6205,
Section 6206,
Section 6207,
Section 6208,
Section 6209,
Section 6210,
Section 6211,
Section 6212,
Section 6213,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective on the date of the assessment of annual permit fees in accordance with
Short Title
§6214. Cabin user and transfer fees
(a) In general
The Secretary of Agriculture (referred to in this section 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.
(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—
(1) the fee determined under the Cabin User Fee Fairness Act of 2000 (
(2) $5,600.
(c) Completion of current appraisal cycle
Not later than 1 year after December 19, 2014, 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 Fee Fairness Act of 2000 (
(d) Lot value
Only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act of 2000 (
(1) was approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or
(2) was not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot.
(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.
(f) Annual fee
(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:
| Fee Tier | Approximate Percent of Permits Nationally | Fee Amount |
|---|---|---|
| Tier 1 | 6 percent | $650 |
| Tier 2 | 16 percent | $1,150 |
| Tier 3 | 26 percent | $1,650 |
| Tier 4 | 22 percent | $2,150 |
| Tier 5 | 10 percent | $2,650 |
| Tier 6 | 5 percent | $3,150 |
| Tier 7 | 5 percent | $3,650 |
| Tier 8 | 3 percent | $4,150 |
| Tier 9 | 3 percent | $4,650 |
| Tier 10 | 3 percent | $5,150 |
| Tier 11 | 1 percent | $5,650. |
(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.
(3) Access and occupancy adjustment
(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.
(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) whether to suspend or reduce temporarily the annual fee.
(g) Periodic review
(1) In general
Beginning on the date that is 10 years after December 19, 2014, 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—
(A) analyzes the annual fees set forth in the table under subsection (f) 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
(B) includes any recommendations of the Secretary with respect to modifying the fee system.
(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).
(h) Cabin transfer fees
(1) 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.
(2) Adjustments
The Secretary shall annually increase or decrease the transfer fee established 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.
(i) Effect
(1) In general
Nothing in this section limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System.
(2) Alaska
The Secretary shall not establish or impose a fee or condition under this section for permits in the State of Alaska that is inconsistent with
(j) Retention of fees
(1) In general
Beginning 10 years after December 19, 2014, the Secretary may retain, and expend, for the purposes described in paragraph (2), any fees collected under this section without further appropriation.
(2) Use
Amounts made available under paragraph (1) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land.
(k) Repeal of Cabin User Fee Fairness Act of 2000
Effective on the date of the assessment of annual permit fees in accordance with subsection (f) (as certified to Congress by the Secretary), the Cabin User Fee Fairness Act of 2000 (
(
Editorial Notes
References in Text
The Cabin User Fee Fairness Act of 2000, referred to in subsecs. (b)(1), (c), (d), and (k), is title VI of
Codification
Section was enacted as part of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 and also as part of the Military Construction Authorization Act for Fiscal Year 2015 and not as part of the Cabin User Fee Fairness Act of 2000 which formerly comprised this chapter.