§ 6206. — Cabin user fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC6206]
TITLE 16--CONSERVATION
CHAPTER 81--USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
Sec. 6206. Cabin user fees
(a) In general
The Secretary shall establish the cabin user fee as the amount that
is equal to 5 percent of the market value of the lot, as determined in
accordance with section 6205 of this title, reflecting an adjustment to
the typical market rate of return due to restrictions imposed by the
permit, including--
(1) the limited term of the authorization;
(2) the absence of significant property rights normally attached
to fee simple ownership; and
(3) the public right of access to, and use of, any open portion
of the lot on which the cabin or other enclosed improvements are not
located.
(b) Fee for caretaker cabin
The base cabin user fee for a lot on which a caretaker cabin is
located shall not be greater than the base cabin user fee charged for
the authorized use of a similar typical lot in the tract.
(c) Annual cabin user fee in the event of determination not to reissue
authorization
If the Secretary determines that an authorization should not be
reissued at the end of a term, the Secretary shall--
(1) establish as the new base cabin user fee for the remaining
term of the authorization the amount charged as the cabin user fee
in the year that was 10 years before the year in which the
authorization expires; and
(2) calculate the current cabin user fee for each of the
remaining 9 years of the term of the authorization by multiplying--
(A) \1/10\ of the new base cabin user fee; by
(B) the number of years remaining in the term of the
authorization after the year for which the cabin user fee is
being calculated.
(d) Annual cabin user fee in event of changed conditions
If a review of a decision to convert a lot to an alternative public
use indicates that the continuation of the authorization for use and
occupancy of the cabin by the cabin owner is warranted, and the decision
is subsequently reversed, the Secretary may require the cabin owner to
pay any portion of annual cabin user fees that were forgone as a result
of the expectation of termination of use and occupancy of the cabin by
the cabin owner.
(e) Termination of fee obligation in loss resulting from acts of God or
catastrophic events
On a determination by the agency that, because of an act of God or a
catastrophic event, a lot cannot be safely occupied and the
authorization for the lot should accordingly be terminated, the fee
obligation of the cabin owner shall terminate effective on the date of
the occurrence of the act or event.
(Pub. L. 106-291, title VI, Sec. 607, Oct. 11, 2000, 114 Stat. 1018.)
Section Referred to in Other Sections
This section is referred to in sections 6203, 6208 of this title.
