United States Code
USC most recently checked for updates: Jun 10, 2023
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.
Not later than 1 year after
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.
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. |
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.
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.
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.
The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B).
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.
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.
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.
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 section 3193(d) of this title.
Beginning 10 years after
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.
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 (16 U.S.C. 6201 et seq.) is repealed.
