Fall 2011 - Volume 26, Number 4

1Up-to-date news on our website: www.nationalforesthomeowners.org

Aubrey King I NFH Washington Representative I November 2011WASHINGTON REPORT

Cabin Fee Act of 2011

As Congress adjourned for its Thanksgiving Recess,

slightly different versions of the Cabin Fee Act were

introduced in the House of Representatives by

Representative Doc Hastings (R-WA) and in the Senate

by Senator Jon Tester (D-MT). The draft House CFA

had a favorable September 9th hearing by

the House Natural Resources Committee,

chaired by Representative Hastings,

and, following introduction as H.R. 3397

on November 9th, was unanimously

approved by that Committee on

November 17th. The Senate CFA was

introduced on November 18th with

assignment of a bill number delayed due

to introduction of a large number of bills

the same day. Senate Forests and Public

Lands Subcommittee Chairman Ron Wyden (D-OR)

has indicated that the Senate CFA will get early

consideration.

Both bills eliminate the appraisal based fee system

established by the Cabin User Fee Fairness Act of 2000

(CUFFA), which has proven so unfair and inconsistent

and resulted in such excessive fee increases that cabin

owners have concluded it is a fatally flawed process. The

old CUFFA system will be replaced with nine fee tiers

beginning at $500 and concluding at $4500. Appraisals

will be used one final time to assign cabins to one of these

nine tiers. Both House and Senate CFAs have the same

nine tier structure but differ in the percentage of cabins

that would be assigned to each tier. In addition, both

CFAs establish a “transfer fee” to be collected by the

Forest Service when cabins change ownership. There will

be a 25 percent cap on increases in fees less than $4500.

A significant challenge remains to establish that the CFA

in its final form will not have a negative effect on the

Federal budget. This means that the CFA,

in order to be enacted into law, either

will have to generate as much revenue

as CUFFA, or an “offset” (or budget

reduction) will have to be found to make

up the difference.

NFH, the C2 Coalition and thousands of

cabin owners have worked for more than

two years to develop, refine and advocate

this historic reform legislation. Although

the final outcome is by no means certain and much hard

work remains, the prospects have never been better for

success that will enable future generations to continue to

enjoy affordable family outdoor recreation on our

national forests.

At the same time, realizing that a great many cabin

owners are likely to be faced with horrendous fee

increases for next year, intensive efforts are underway

with the Forest Service and Congress to mitigate or

suspend 2012 fee increases to allow Congress enough

time to complete consideration of the CFA.

For the most current and detailed information about

developments regarding the CFA, check the NFH website.

Special

I believe that there is a subtle magnetism in Nature, which, if we unconsciously yield to it, will direct us aright. ~Henry David Thoreau

2 Up-to-date news on our website: www.nationalforesthomeowners.org

P R E S I D E N T ’ S M E S S A G E Geoff Anderson

Progress has been made toward real fee reform for cabin owners after a long and sometimes trying process. Bills have been introduced in both the House and Senate that do away with the troublesome, inequitable and expensive appraisal system. As these bills progress, we are left to decide what to do if passage is not seen by January 1 and no fee moratorium or suspension remains in effect. Many NFH members are raising questions about the alternatives in such a situation. The following are alternatives being discussed by cabin owners:

• Pay the billed fee and wait for Congressional action to be completed. Bills usually are sent near the end of the calendar year and payment is due by January 1. However, the bill is not “delinquent” for 30 days and if not paid, no penalty (6%) is assessed for 90 days and no permit revocation will be initiated for 90 days. Thus, delaying during this short period awaiting legislative action will not likely result in revocation if the applicable fee is eventually paid. Interest can be charged, however.

• Pay the bill in installments. This is not an automatic right. CUFFA has a provision that permits a holder faced with a 100% or more increase to spread that year’s payment over three years; payment is not forgiven. Historically, the Forest Service has allowed installment payments, but the holder has to request it in a timely fashion and some proof of need may be required.

• File an appeal; seek a stay in implementing the fee. An administrative appeal to the Forest Service can be filed 45 days after receiving the required fee notice. You may be required to pay the fee when due unless a stay is granted, something that is not common in fee disputes. However, the Forest Service may wish to delay payment in present circumstances and it doesn’t hurt to ask. If your administrative appeal is not successful, you can seek judicial review in federal court. A stay or temporary restraining order can be

issued by the court in very limited circumstances if a suit has been filed and is pending. If an appeal is your choice, NFH has materials in its published newsletter and on its website that may assist you.

• Put the cabin up for sale. Depending on market situations and other factors (e.g., the accessibility of the cabin in winter) this alternative is always available. If this is your choice, you may wish to advise the Forest Service that you are attempting to sell, offer it publicly, and ask for a delay in payment during the attempts at sale.

• Walk away, taking no further action or responsibility. When the Forest Service learns of this (e.g., when the next year’s fee is not paid or the cabin and site fall into disrepair), revocation of your permit is likely to result. If your permit is revoked before expiration, you may not be absolved of responsibility. When the permit is revoked, you are required to restore the site to a condition acceptable to the Forest Service. This usually means removal of all improvements. For example, in the worst case scenario, the improvements will be removed and you will be billed for that and other costs subject to collection by the US Treasury. Alternatively, you could clear the site yourself or relinquish the improvements to the Forest Service for its own use, something that is unusual.

The above options are not offered as advice on how to proceed in the worst of circumstances. Before deciding to move forward in an action that implicates litigation or may result in revocation, penalties, and administrative costs, you may wish to first contact your own legal counsel.

Sound bleak? We are engaged in ongoing discussions with Congress and the Forest Service seeking to find a way to avoid imposing drastic fee increases while the CFA remains pending. We will keep working diligently to achieve this.

PREPARING for THE NEW YEAR

New Forest Service Advisory Committee

for Planning Rule

Implementation

3Up-to-date news on our website: www.nationalforesthomeowners.org

The Forest Service has announced that it will appoint an advisory committee to assist the agency in implementing its new planning rule, which provides the guidelines for developing the critical management plans that govern activities and programs on every national forest. Realizing the importance of that process, the NFH submitted comments on the proposed planning rule before it was adopted and now intends to recommend one or more cabin owner candidates for this advisory committee. Forest Service Chief Thomas Tidwell has commended the NFH for its involvement and said cabin owners are a major constituency and partner of the agency that should have a place in this planning process.

Where’s an In-Lieu Lot When You Need One?

By Roy Glauthier & Sarah Dahl

If you’re like most of us cabin owners, you sort of know there’s something in your permit about “in-lieu lots” but haven’t paid it much attention. It’s not exactly easy to understand, and how does it apply to me, anyway?

For this clause to become important, all you need is some sort of disaster that substantially destroys your cabin and/or a decision that your cabin cannot be rebuilt or continue at its present location: Fire, a flood, a falling tree through your bedroom. In this case, the Forest Service “may offer an in-lieu lot, if available, to the holder for building or relocating a recreation residence.”[Special Uses Permit Section X.B]

An in-lieu lot is defined as a vacant lot that is comparable to your existing lot when possible and in a non-conflicting location in or adjacent to an established residence tract within your current National Forest or an adjacent National Forest. The FS Regulations go on to state that “Appropriate lots for consideration are undeveloped, formerly developed, and withdrawn lots in or adjacent to established recreation residence tracts and which are not needed in the foreseeable future for other public uses.” [FSM 2347.1]

This sounds fine – if my cabin is destroyed or must be removed, I’ll be offered a comparable lot on which to rebuild, right? Well, not exactly.

Note the use of the wording “may offer” in the permit language: offering an in-lieu lot is not required when a cabin cannot be rebuilt in-place or must be removed. First, your permit has to be in compliance when the destruction occurs, which basically means that all fees must be paid in full. This has cost some permittees their opportunity to rebuild because they were behind on their fees.

Next, finding in-lieu lots that are buildable, would be issued a building permit, and don’t have environmental or other conflicts isn’t easy. On the Angeles National Forest, where 110 cabins were destroyed back in 2002, Forest officials have struggled to identify in-lieu lots that could be offered to the few permit holders still interested in rebuilding and have run head-long into issues such as water availability, compliance with fire safety codes, riparian and threatened/endangered species issues, and more.

Another issue that came up on the Angeles NF was an interpretation that historic preservation rules do not allow the building of new cabins in an historic tract – even if the new cabin matches the look of its neighboring cabins. This interpretation has not been encountered before and needs to be questioned, but in this situation, it eliminated dozens of potential in-lieu lots from consideration.

And then there’s the issue of getting the buy-in from the neighboring permit holders to the construction of a new cabin that they feel might be too close or would block the view of the lake, stream or forest that they’ve always enjoyed. We like the idea of in-lieu lots, though maybe not near our own cabins.

National Forest Homeowners is a member-directed organization representing cabin-owner recreation residence permittees on our national forests. NFH provides leadership, member information and assistance, and advocacy for continuation of all recreation residence cabins. It is dedicated to educating its members and others in sound science stewardship of our national forests.

NFH MISSION

4 Up-to-date news on our website: www.nationalforesthomeowners.org

Just a short article this time. So much is happening that we are running out of room! The Cabin Coalition 2 is working hard on the fee issue and recent progress has been made. I know this has taken longer than anyone expected or hoped. I blame it on the current political climate, greatly affected by the current economic times. Budget neutrality and partisan politics have greatly influenced this process.

So the length of time it has taken to do all this has had an effect on the C2 budget. We will need more money going forward. Any thing you can do to help is greatly appreciated by all of us. Send your contributions to our NFH Database Manager Barbara Warnock at 541 W. Santa Clara Avenue, Santa Ana, California, and note that it is for the C2 effort so it may be put in the right fund. And don’t forget that we will need your communication with your Congress members to push this all through. Keep watching the website.

Finally, the NFH committees have been really busy. There is a push to involve more cabin owners from areas of the country where there are fewer cabins and that have historically not been as involved in NFH. Yes, we are a national organization, with national concerns, not just a west coast invention. Our work in DC demonstrates this well.

So have a wonderful holiday season, and think of NFH and the C2 at the end of the year when you consider donations. Although we are not tax exempt, we need your help, too!

TalesED

Mary Clarke Ver Hoef

In-Lieu Lots o n t h e L a s s e n N a t i o n a l F o r e s t

By Sarah Dahl

Granted, this doesn’t happen often, as you have no doubt read in Roy’s article, but on the Lassen National Forest in Northern California, seven cabin owners became the permit holders on “In-Lieu” lots in the Almanor Tract this last year. This came as no surprise to them. Most were first notified of their permit termination in 1973 and issued 10-year term permits as specified in our special use permits.

Why were these cabin owners told they would be terminated on their existing lots? The Forest Service has long wanted to consolidate all the cabins in the Almanor Tract into one area. Identified as the “B” cabins, those seven were across a road from the rest of the tract, and the Forest Service wanted to extend an adjacent campground into the area occupied by these seven cabins. The in-lieu lots were identified in a large open space in one corner of our tract, created when an old resort closed down and the area cleared. This area has been vacant for years, but because it had been previously occupied, it meant that several issues related to the environment and land use could be avoided.

While the original notice of termination date was 1973, changes in FS management, planning requirements and other issues delayed the process, and these cabin owners have held annual permits ever since. The majority of the permittees, in fact, purchased their cabins knowing that termination was in the future. The culmination of this protracted effort was driven forward during the recent permit compliance and reissuance efforts by the Forest Service. In their estimation, it was a logical step instead of cabin owners investing more time and money into buildings and improvements destined to be taken down. Those resources could be best used to build new cabins or to move an existing one to an in-lieu lot. The journey to this point has challenged both the Forest Service and cabin owners, but like it or not, the process has moved forward.

It has been a difficult time for these permittees. Some decided to sell their permits because they were unwilling or unable to bear the cost of rebuilding or moving the existing cabin to its designated in-lieu lot. One “B” cabin owner purchased another cabin in the tract instead of building. Their old cabin was sold, the new owner clearly understanding they would be responsible for the tear down and restoration of the old lot. In turn, the new permittee will begin building a new cabin on the in-lieu lot and become a part of a seasonal neighborhood.

All this building changes the face of our tract. As shown in the photo, the new cabins so far are bigger than those around them and their newness makes this cabin owner a bit envious of new plumbing and electrical. Not all of the neighbors are pleased, since the new cabins will alter the view from the windows and decks of their neighbors. But in the end, we will hopefully have no net loss of cabins, an important goal for NFH.

from the

5Up-to-date news on our website: www.nationalforesthomeowners.org

Come To the NFH Forum in Walnut Creek, California, on January 21, 2012, at the Marriott on Main Street. We will give you the latest on the Cabin Fee Act and permit fee issues, hear what the Forest Service Regional office has to say, discuss water and forest health issues, appraisals, appeals and heritage issues, and answer all your questions on those and any other issues you may have. Registration begins at 12:00 and the event starts at 1:00. Please try to register early rather than at the door so we know how many cookies to order! The Registration Form follows.

We hope to see you all there!

01.21. 2012

National Forest Homeownerspresents its

Winter Regional Forumin Walnut Creek, California

WALNUT CREEKCalifornia

• • •

from 1:00 pm to 5:30 pmon Saturday, January 21, 2012

at

Marriott Walnut Creek2355 N. Main Street

Walnut Creek, CA 94596925.934.2000

PRE-REGISTRATION FORM

PRE-REGISTRATION FORM – NFH WINTER FORUM – Jan. 21, 2012

Name ______________________________________________________________________________________________________

Phone ____________________________________________________ e-mail _____________________________________________

Address ____________________________________________________ City _____________________ State _____ ZIP __________

Others attending from my cabin:

___________________________________ ____________________________________ _________________________________

My cabin is located in the _____________________________________ Tract, in the __________________________________________

National Forest, in the state of _______________________________.

I am am not (please check one) a member of National Forest Homeowners.

My check or money order made payable to National Forest Homeowners for $15 per person is enclosed.

PLEASE SEND REGISTRATIONS (BELOW) TO ARRIVE NO LATER THAN JAN. 10!

After that time, please register at the door at 12:00 noon, and bring your $15.00 per person fee.

Questions? Call Executive Director Mary Clarke Ver Hoef at 1.800.669.9971.

Make check payable to National Forest Homeowners and mail with this completed form to: National Forest Homeowners, 541 W. Santa Clara Avenue Santa Ana, CA 92706-2548.

6 Up-to-date news on our website: www.nationalforesthomeowners.org

Do you know an NFH member that you would like to nominate for LEADERSHIP, VOLUNTEER, TRACT, or COMMUNICATION awards, or a Forest Service employee who deserves a RECREATION ADVOCATE award? Awards nomination forms are posted on the NFH web site or are available from Mary Clarke Ver Hoef or Ted Filer. Deadline for submission is December 31, 2011. Awards will be presented at the NFH national convention in Vancouver, WA, April 12-14, 2012.

Each award reflects excellence and provides an opportunity to show gratitude for service and for promoting the NFH mission to the recipient. Please take this opportunity to honor your candidate in a meaningful manner.

Search for Quality Candidatesfor NFH AWARDS NOMINATIONS

By Ted Filer, Chair, Awards Committee

GORDY WARNOCK

Gordon “Gordy” Warnock, a faithful volunteer and husband of NFH Database Manager Barbara Warnock, passed away on October 15, 2011. As one of the Warnock clan, Gordy grew up in a cabin family and has been a dedicated volunteer at every NFH convention and forum registration table since 2002, as well as a regular side-liner at board meetings. Gordy was a past president of his local cabin tract, the Santa Ana River Cabin Association, and has been active in the San Bernardino National Forest Cabin Coalition since its founding in 2006. He was truly committed to the cabin program and will be sorely missed by those of us who counted on his input, insight, support and humor.

DALE COWGILL

NFH has lost one of its long-time and strongest supporters, Dale Cowgill. Dale was the husband of Mary Lou Christensen, a former NFH Officer and Board member. Dale passed away on October 5, 2011. Dale and Mary Lou’s cabin is in the Wasatch-Cache National Forest in Utah, and was an isolated cabin set for termination, which termination they were successfully able to fight. Dale gave a great deal of his time and effort to our organization, serving as managing editor of the NFH Newsletter for over six years. As a regular attendee at conventions, forums and board meetings, his insights and organizational skills helped NFH to grow. In recognition of this work and many other volunteer activities, he received NFH’s highest honor, the NFH Leadership Award. Dale will be greatly missed by his NFH friends.

IN MEMORIAM

NFH Newsletter

NFH Newsletter Fall 2011, Vol. 26 No. 4.

Published quarterly by the National Forest Homeowners1653 SE Linn StreetPortland, OR 97202-7232.

Postage paid at Salt Lake City, UT.

Annual subscription rate $40, which is included in NFH dues.

7Up-to-date news on our website: www.nationalforesthomeowners.org

NFH MEMBERSHIP FORMNew Member Name(s) ___________________________________________________________________________________________

Address ______________________________________________________________________________________________________

City ______________________________________________________________________ State _____ Zip _________________

Home Phone ( ) ____________________ Work ( ) _____________________ Fax ( ) _____________________

E-mail address _____________________________________________________

Cabin: State ____ Forest ________________________________________ Ranger District ________________________________

Tract Name ____________________________________________ Lot# _____ Name of Tract Assn (if any) ___________________

Check Type of Membership: Regular ($40) Associate ($25)

Regular membership is open to any permit holder, spouse of a holder, co-holder, or person with a financial interest in a recreation residence. Associate memberships are open to individuals and organizations that have an interest in the purposes and/or services of NFH, but are not eligible for Regular membership.

Make check payable to National Forest Homeowners and mail with this completed form to: National Forest Homeowners, 541 W. Santa Clara Avenue, Santa Ana, CA 92706-2548

NFH is you. Without your support and participation in the organization as members, NFH would not be able to commit to the cabin program as an advocate, providing direction on issues affecting Recreation Residence cabins. NFH priorities include preservation of the Recreation Residence program, resolution of issues affecting cabins, and continued promotion of the program to political representation, both locally and in Washington, DC. Our primary focus is on education and information about issues that affect cabins.

As members, your commitment of financial support over the past four years has enabled the C2 committee to forge ahead with the Cabin Fee Act. National Forest Homeowners has allocated $100,000 to the effort. Other C2 members have pledged more than $43,000. Tracts have been generous in their support, with more than $128,000 over the past four years. We thank those Tracts who, in this difficult economic climate, still managed to donate more than $34,000 this year alone. Individuals have also been more than generous with their donations. We thank them, as well.

The progress NFH has made toward the continuance of the cabin program could not have been made without your support. Your financial generosity shows the program has great value and support. Your annual membership is a simple acknowledgment to the NFH Board and Staff that their efforts are important and that you continue to support those efforts.

Mary Clarke Ver Hoef, Executive Director5150 Fair Oaks Blvd, Ste 101/315, Carmichael, CA 95608

1.800.669.9971 Phone: 916.359.5279 Fax: 916.359.5271 E-Mail: nfh100@yahoo.com

Aubrey C. King, Washington Liaison11914 Grason Ln, Bowie, MD 20715

Phone: 301.464.8060 Cell: 202.251.6845 Fax: 301.464.5232 E-Mail: aubking@aol.com

Barbara Warnock, Database Manager541 W. Santa Clara Ave, Santa Ana, CA 92706-2548

Phone: 714.836.7442 Fax: 714.547.1774 E-Mail: bjfmjaj@ix.netcom.com

Bob Ervin, Executive Director EmeritusGladstone, OR

Phone/Fax: 503.657.4322 E-Mail: NFH1@aol.com

NFH STAFF What is NFH?By Al Blanc, Fran Filer, & Sharon Karr

8 Up-to-date news on our website: www.nationalforesthomeowners.org

National Forest Homeowners541 W. Santa Clara AvenueSanta Ana, California 92706-2548

ADDRESS SERVICE REQUESTED

NFH Hotline: 1.800.669.9971

E-mail: nfh100@yahoo.com

NFH WEBSITE: www.nationalforesthomeowners.org

JANUARY 21, 2012FORUM

Walnut Creek, CA

Marriott Walnut Creek 2355 N Main Street

Walnut Creek, CA 94596

925.934.2000

marriott.com

APRIL 12-14, 2012CONVENTION

Vancouver, WA

The Heathman Lodge7801 Greenwood DriveVancouver, WA 98662

888.476.3100

heathmanlodge.com

SEPTEMBER 15, 2012FORUM

Billings, Montana

Hilton Garden Inn Billings2464 Grant Road

Billings, MT 59102

406.655.8800

hiltongardeninn.hilton.com

Upcoming Events - 2012

Presorted Standard

US Postage

PAIDSalt Lake City, UT

Permit #1988

I believe that there is a subtle magnetism in Nature, which, if we unconsciously yield to it, will direct us aright. ~Henry David Thoreau