HOT OFF THE PRESSES from the NFH

"It is now official: the Department of Agriculture, at the request of Congress, has ordered the Forest Service to temporarily suspend the increase in 2009 fees.

On January 5th, 2009, the Secretary of Agriculture sent the Chief of the Forest Service a directive that cabin owner fees due in 2009 are to be the same as the 2008 fees, with a 2% inflation adjustment. The Washington Office is now working on a directive to this effect to send to all the regions.

The directive will clearly state that this action is being taken in expectation of Congressional action in 2009 to revisit and revise/reform/replace the Cabin Users Fee Fairness Act (CUFFA).

If Congress does not take action regarding CUFFA in the next twelve months, the 2009 fee increases are to be collected retroactively by the FS.

In response to the question, Undersecretary of Agriculture Mark Rey said that any cabin owner who has already received a 2009 fee bill should ignore it and wait for a new fee in accord with this policy.

We still do not know what will happen to those whose fees were set to go down. As to those who have already paid their fees, we anticipate they will probably get a credit. The prospect of a refund in the current economic environment is unlikely unless Congress directs it in new legislation.

Those whose fees were scheduled to go up were to be billed on the basis of appraisals that were performed before CUFFA became effective.

As we understand it, no fees based on appraisals performed post-CUFFA were set to go into effect in 2009. Unless Congress fixes the fee setting issue, those fees will be implemented in the billing cycle that falls after one year has elapsed from the acceptance of the appraisal. So many could see fee rises in 2010 without the help of Congress. "