Questions & Answers: Recreation Residence CY2013 Billing Cycle
Question # 1: Many recreation residence (rec res) permit holders saw a significant increase in
their annual fee this year and the National Forest Homeowners Association (NFH) is advising
members to inquire about their appeal rights. Is the bill appealable?
Answer # 1: The bill itself is not administratively appealable. Holders who have previously
received notification and a bill implementing part or the entire new base fee were provided an
appeal opportunity based on a new appraisal, which has since expired.
An opportunity to appeal is afforded to holders in CY2013 if they are the recipient of a final fee
determination enclosed with the bill that will be implementing a new base fee determined from
the Forest Service contract appraisal. Holders receiving a base fee implementation that utilized
a second appraisal based on reconsideration were afforded the opportunity to appeal the
reconsideration following notification of the results of reconsideration. They are not entitled to
a second opportunity to appeal.
If the CY2013 notification occurred prior to June 5, 2013, utilize 36 CFR 251, Subpart C Appeal
Procedures. If notification occurred after June 4, 2013, utilize the Appeal Procedures at 36 CFR
214. These appeal procedures only apply if holders are subject to the first fee increase (in
whole or as part of first phase-in) in CY2013.
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Question # 2: How should the Forest Service respond to recreation residence permit holders
who receive their annual bill and say that they cannot or will not pay their bill?
Answer # 2: The agency appreciates the challenges that many permit holders face in paying
their bills. However, non-payment is not an option. Holders should refer to the language in
their special use permit under the “Base Cabin User Fees and Debt Collection” heading for
details. Within that heading are clauses explaining implementation of base fees, fee payment
issues, late payment, nonpayment and administrative offset, and credit reporting.
Unfortunately, the Forest Service has no statutory authority to adjust a market value
determined land use fee based on a permit holder’s financial status or ability to pay.
Failure to make payments constitutes a breach in the condition of the permit. This breach
could be grounds for revocation of the special use permit that authorizes occupancy and use of
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National Forest System Lands.
In summary, interest shall be charged on any bill not paid within 30 days from the date it
became due. Delinquent fees are subject to administrative fees and interest penalties.
Note: See the permit clause “Revocation, Suspension, and Termination,” including the rights
and responsibilities upon revocation. Sample Recreation Residence Permit
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Question # 3: Isn’t there a new law that is close to being completed that changes CUFFA and
how the Forest Service bills for recreation residence permit holders?
Answer # 3: Recreation residence fee legislation has been in the works for a number of years.
Until a new law is passed, the Forest Service is required to comply with existing laws (CUFFA),
regulations and policy.
The Department supported previous versions of the replacement legislation (the Cabin Fee Act)
and will continue to work with NFH to provide information as requested. If/when statutory
revision or replacement of CUFFA is enacted the Forest Service will implement changes in cabin
fees.
Question # 4: NFH has advised recreation residences of their option to request installment
payments. What is the Forest Service (FS) position on allowing for partial payments to be made
through installments?
Answer # 4: Congress has prescribed through CUFFA that cabin user fees are to be prepaid
annually in full by the cabin owner. Installment payments are permissible, but would need to
be determined by the Authorizing Officer on case by case basis. If Installment payments are
allowed, the bill must be paid in full prior to the next billing cycle.
NOTE: For special uses in general, section 32.2 of FSH 2709.11 and 31 CFR 901.8 allow for the
collection of payments by installments. Permit holders requesting installment payments need
to be aware this process can be time consuming.
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Question #5: In cases where an installment payment is requested in writing and denied, is that
an appealable decision?
Answer #5: No. Approval of Installment payments is discretionary, and is determined on case
by case basis by the Authorizing Officer. As the decision is discretionary there are no
administrative appeal rights.
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Question #6: When an appeal of the fee is submitted, does the rec res permit holder still need
to pay their bill by the identified due date?
Answer #6: Yes. The Disputed fee Clause under the Fee Payment Issues Clause in the special
use permits states: “Disputed fees must be paid in full. Adjustments will be made if dictated
by an administrative appeal decision, court decision, or settlement terms.”
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