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.
Interim fee
Completion of current appraisal cycle
16 U.S.C. 6201Not later than 1 year after , 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 ( et seq.) (referred to in this section as the “current appraisal cycle”).
Lot value
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.
Annual fee
Base
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. |
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.
Access and occupancy adjustment
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.
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.
Periodic review
In general
Limitation
The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B).
Cabin transfer fees
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.
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.
Effect
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.
Alaska
section 3193(d) of this titleThe Secretary shall not establish or impose a fee or condition under this section for permits in the State of Alaska that is inconsistent with .
Retention of fees
In general
Beginning 10 years after , the Secretary may retain, and expend, for the purposes described in paragraph (2), any fees collected under this section without further appropriation.
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.
Repeal of Cabin User Fee Fairness Act of 2000
16 U.S.C. 6201Effective 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 ( et seq.) is repealed.
Pub. L. 113–291, div. B, title XXX, § 3024128 Stat. 3764 (, , .)
Editorial Notes
References in Text
Pub. L. 106–291114 Stat. 1014 The Cabin User Fee Fairness Act of 2000, referred to in subsecs. (b)(1), (c), (d), and (k), is title VI of , , , which was classified generally to this chapter, prior to repeal by subsec. (k) of this section.
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.