§ 6214. Cabin user and transfer fees

• (a) 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) 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 ( 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
  • (2) $5,600.
• (c) 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 ( 16 U.S.C. 6201 et seq.) (referred to in this section as the “current appraisal cycle”).
• (d) 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 shall be used to establish the base value assigned to the lot, subject to the adjustment in subsection (e). If a second appraisal—
  • (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) 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)
  • (1) 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) 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)
    • (A) 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) 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)
  • (1) 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) The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B).
• (h)
  • (1) 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) 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)
  • (1) 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) 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 .
• (j)
  • (1) 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) 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) 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.

§ 6231. Findings, purpose, and definitions

• (a) Congress finds the following:
  • (1) Organizational camps, such as those administered by the Boy Scouts, Girl Scouts, and faith-based and community-based organizations, provide a valuable service to young people, individuals with a disability, and their families by promoting physical, mental, and spiritual health through activities conducted in a natural environment.
  • (2) The 192,000,0000 1 1 So in original. acres of national forests and grasslands of the National Forest System managed for multiple uses by the Forest Service provides an ideal setting for such organizational camps.
  • (3) The Federal Government should charge land use fees for the occupancy and use of National Forest System lands by such organizational camps that, while based on the fair market value of the land in use, also recognize the benefits provided to society by such organizational camps, do not preclude the ability of such organizational camps from utilizing these lands, and permit capital investment in, and maintenance of, camp facilities by such organizational camps or their sponsoring organizations.
  • (4) Organizational camps should—
    • (A) ensure that their facilities meet applicable building and safety codes, including fire and health codes;
    • (B) have annual inspections as required by local law, including at a minimum inspections for fire and food safety; and
    • (C) have in place safety plans that address fire and medical emergencies and encounters with wildlife.
• (b) It is the purpose of this chapter to establish a land use fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands by organizational camps that serve young people or individuals with a disability.
• (c) In this chapter:
  • (1) The term “organizational camp” means a public or semipublic camp that—
    • (A) is developed on National Forest System lands by a nonprofit organization or governmental entity;
    • (B) provides a valuable service to the public by using such lands as a setting to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues; and
    • (C) does not have as its primary purpose raising revenue through commercial activities.
  • (2) The term “Secretary” means the Secretary of Agriculture, acting through the Chief of the Forest Service.
  • (3) The term “individual with a disability” has the meaning given the term in section 705(20) of title 29 .
  • (4) The term “children at risk” means children who are raised in poverty or in single-parent homes or are subject to such circumstances as parental drug abuse, homelessness, or child abuse.
  • (5) The term “change in control” means—
    • (A) for a corporation, the sale or transfer of a controlling interest in the corporation;
    • (B) for a partnership or limited liability company, the sale or transfer of a controlling interest in the partnership or limited liability company; and
    • (C) for an individual, the sale or transfer or an organizational camp subject to this chapter to another party.

§ 6232. Fees for occupancy and use of National Forest System lands and facilities by organizational camps

• (a)
  • (1) The Secretary shall charge an annual land use fee for each organizational camp for its occupancy and use of National Forest System lands equal to 5 percent of the product of the following:
    • (A) The total number of acres of National Forest System lands authorized for the organizational camp.
    • (B) The estimated per-acre market value of land and buildings in the county where the camp is located, as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics Service.
  • (2) The land use fee determined under paragraph (1) for an organizational camp shall be adjusted annually by the annual compounded rate of change between the two most recent Censuses of Agriculture.
  • (3)
    • (A) The Secretary shall reduce the land use fee determined under paragraph (1) proportionate to the number of individuals with a disability and children at risk who annually attend the organizational camp.
    • (B) After making the reduction required by subparagraph (A), the Secretary shall reduce the remaining land use fee amount by up to 60 percent, proportionate to the number of persons who annually attend the organizational camp who participate in youth programs through organized and supervised social, citizenship, character-building, or faith-based activities oriented to outdoor-recreation experiences.
    • (C) The reductions made under this paragraph may not reduce the land use fee for an organizational camp below the minimum land use fee required to be charged under paragraph (4).
    • (D) For purposes of determining the amount of the land use fee reduction required under subparagraph (A) or (B), the Secretary may not take into consideration the existence of sponsorships or scholarships to assist persons in attending the organizational camp.
  • (4) The Secretary shall charge a minimum land use fee under paragraph (1) that represents, on average, the Secretary’s cost annually to administer an organizational camp special use authorization in the National Forest Region in which the organizational camp is located. Notwithstanding paragraph (3) or subsection (d), the minimum land use fee shall not be subject to a reduction or waiver.
• (b)
  • (1) If an organizational camp uses a Government-owned facility on National Forest System lands pursuant to section 580d of this title , the Secretary shall charge, in addition to the land use fee imposed under subsection (a), a facility use fee equal to 5 percent of the value of the authorized facilities, as determined by the Secretary.
  • (2) Notwithstanding subsection (d), the facility use fees determined under paragraph (1) shall not be subject to a reduction or waiver.
• (c) If an organizational camp derives revenue from the use of National Forest System lands or authorized facilities described in subsection (b) for purposes other than to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues, the Secretary shall charge, in addition to the land use fee imposed under subsection (a) and the facility use fee imposed under subsection (b), an additional fee equal to 5 percent of that revenue.
• (d) Subject to subsections (a)(4) and (b)(2), section 539f of this title shall apply to the use fees imposed under this section.

§ 6233. Implementation

• (a) The Secretary shall issue direction regarding implementation of this chapter by interim directive within 180 days after February 20, 2003 . The Secretary shall implement this chapter beginning with the first billing cycle for organizational camp special use authorizations occurring more than 180 days after February 20, 2003 .
• (b) In issuing any direction regarding implementation of this chapter under subsection (a), the Secretary shall consider whether to phase-in any significant increases in annual land or facility use fees for organizational camps.

§ 6234. Relationship to other laws

Except as specifically provided by this chapter, nothing in this chapter supersedes or otherwise affects any provision of law, regulation, or policy regarding the issuance or administration of authorizations for organizational camps regarding the occupancy and use of National Forest System lands.

§ 6235. Deposit and expenditure of use fees

• (a) Unless subject to section 580d of this title , use fees collected by the Secretary under this chapter shall be deposited in a special account in the Treasury and shall remain available to the Secretary for expenditure, without further appropriation until expended, for the purposes described in subsection (c).
• (b) Upon request of the Secretary, the Secretary of the Treasury shall transfer to the Secretary from the special account such amounts as the Secretary may request. The Secretary shall accept and use such amounts in accordance with subsection (c).
• (c) Use fees deposited pursuant to subsection (a) and transferred to the Secretary under subsection (b) shall be expended for monitoring of Forest Service special use authorizations, administration of the Forest Service’s special program, interpretive programs, environmental analysis, environmental restoration, and similar purposes.

§ 6236. Ministerial issuance, or amendment authorization

• (a) The ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).
• (b) For purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply:
  • (1) The authorization is issued upon a change in control of the holder of an existing authorization.
  • (2) The holder, upon expiration of an authorization, is issued a new authorization.
  • (3) The authorization is amended—
    • (A) to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or
    • (B) to include nondiscretionary environmental standards or to conform with current law.