Metolius River Forest Homeowners Association

A place for posting matters of importance to Cabin Owners and their visitors, along the Metolius River in Deschutes National Forest, Camp Sherman, Oregon

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Saturday, August 14, 2010

Cabin Fee Act Questions and Answers: National Forest Homeowners & Cabin Coalition 2

The following Q and A has been compiled by C2:

Questions specific to the CFA Transfer Fee (additional questions for the CFA General Q&A document):

1. What constitutes a “Transfer” under the CFA?

A transfer fee applies when two standard are met, 1) a change of cabin ownership occurs, and 2) a new permit is issued due to a change of permit holder.

2. I recently changed my legal name and will require a new permit issued; is this transaction subject to a Transfer Fee?

No, a change of cabin ownership has not occurred so a transfer fee does not apply. While the transfer fee does not apply for simple name changes, the USFS may charge a reasonable administrative fee to handle this transaction.

3. If we transfer ownership of our cabin into a family trust, will a Transfer Fee apply?

Yes, a transfer fee of $1,000 would apply because a new permit would be re-issued and a transfer of ownership has occurred from your personal estate to the family trust, a separate estate. (discuss & verify this understanding)

4. If beneficiaries of our family trust change in the future, will this be subject to a Transfer Fee?

As a general rule, a transfer fee would be assessed only if the permit holder changes. If the trust beneficiaries other than the permit holder change, the permit is not re-issued, therefore a transfer fee is not assessed. If the permit holder (Trust?) name changes, a permit would be re-issued and a transfer fee of $1,000 would apply. (discuss & verify this understanding)

5. We inherited our cabin from our parents, will a Transfer Fee apply? Y

es, a change of ownership has occurred and a new permit is required, so a transfer fee of $1,000 would be assessed.

6. If we sold our cabin to a family member, would a transfer fee apply?

Yes, a change of cabin ownership has occurred and a new permit is required, so a transfer fee would apply. A fee of $1,000 applies to all transfers, plus an additional surcharge amount is assessed for sale amounts greater than $250,000.

7. When cabin is sold, how will the USFS verify the sales price?

The USFS will determine the final administrative process. We anticipate this process would require the cabin seller to submit a signed affidavit stipulating the cabin sale amount and that the stated sale amount represents the full cabin sales value conveyed, subject to fine or prosecution under federal law. In addition, a proof of sale such as a Bill of Sale, Deed, or Closing Statement with the sales amount listed may be required.

Questions regarding Fractional Cabin Ownership:

The following questions attempt to deal with fractional cabin ownerships. The USFS requires a permit to be held by a single party, which suggests the USFS does not recognize fractional cabin ownership and likely doesn’t want to deal with it. With this in mind, we need the transfer fee administration to remain simple and be closely aligned with this position. The permit holder has full responsibility for the permit terms and conditions, even though there may be extended family or non-family ownership of the cabin. (discuss & verify this position)

8. While I am listed as the permit holder, another family member is a 50% co-owner of our cabin. If the co-owner sold their interest to another party, would this transaction be submit to a Transfer Fee?

No, a new permit is not required because the permit holder did not change in this example.

9. (follow-up to question #8) If, at a later date, I sell my 50% interest in the cabin to another party, would this transaction be subject to a Transfer Fee?

Yes, a change of cabin ownership has occurred and a new permit is issued to in the name of the new permit holder, so a transfer fee would apply.

10. (follow-up to question #9) Is the transfer fee assessed against the sale amount of my 50% interest, or the full sales value of the cabin?

The intent of the CFA is to assess transfer fees against the full sales value of the cabin. In this case, the full sales value could be imputed from the sale amount of your 50% interest. If you sold your 50% interest for $60,000, the imputed full sales value of the cabin would be $120,000. Because this amount falls below the $250,000 threshold, a transfer fee of $1,000 would be assessed. If the imputed full sales value of the cabin exceeded $250,000, a transfer fee surcharge would be assessed, in addition to the base $1,000 transfer fee.

Friday, August 6, 2010


A message from Peter D. Bailey,

NFH Director & C2 Legislative Contact chair

The next six weeks, including August and early September, 2010, will be a critical time for the Cabin Fee Act (CFA), which has been so strongly supported by cabin owners everywhere as a solution to the excessively high fees resulting from the Cabin Users Fee Fairness Act (CUFFA). Congress will be “in recess” for District and State work periods and most Members of Congress will be home for constituent meetings. Cabin owners will likely have more than one opportunity in August and September to ask their Senators and Representatives to support our cause. If cabin owners cannot meet personally with their Senators and Representatives in their State or District offices or at local events, they should try to meet with their staff or phone, e-mail or write to their local offices.

Following the recess, Congress will reconvene in Washington, D.C., on September 14th with only sixteen legislative days before the targeted adjournment date of October 8th so the Members can return home to campaign for the November elections. Although there will likely be a “lame duck” session as long as two or three weeks following the elections, the agenda for that session will be very crowded and the outlook uncertain. This all means that we do not have much time to achieve our legislative goals this year. This is why August and September are so important. We simply do not have much time left to let Congress know how much cabin owners have at stake and how determined we are to achieve our goals: First, to enact the Cabin Fee Act. Second, if that cannot be done this year, to extend the moratorium on cabin fee increases for 2011.

The CFA (H.R. 4888 in the U.S. House of Representatives ) has been well received in Congress and moved at a rapid pace since its introduction in early March, with a successful April 22nd Hearing by the House Natural Resources Subcommittee on Public Lands and Forests and then, full Natural Resources Committee approval on July 22nd. Now Congress and cabin owners are awaiting a report on the budget impact of the CFA from the Congressional Budget Office (CBO) – a prerequisite for final passage. The necessary letter requesting this CBO analysis was co-signed by Representatives Doc Hastings (R-WA), Jim Costa (D-CA) and Peter DeFazio (D-OR), all of whom should be thanked for that effort. (NOTE: Members of Congress can be told that cabin owners are confident that the CFA can be modified if necessary to accommodate any changes required by the CBO.)

In the meantime, key Senators are being asked to introduce and pass a Senate CFA . If enactment cannot be accomplished in the limited time left for this Congress, then cabin owners will need an extension of the moratorium on cabin fee increases Congress passed last year.

So, following are the main points to be stressed by cabin owners to their Senators and Representatives:

For Senators:

Support introduction and passage of the CFA in the Senate

If necessary, support an extension of the current moratorium on cabin fee increases for 2011

For Representatives

Pass the CFA on the floor of the House

If necessary, support a moratorium extension

ALL Senators and Representatives should be contacted if possible, with the following Members key because of:

(1) Their positions on committees/subcommittees that have vital jurisdiction over the CFA and/or the prospects for a moratorium; and/or

(2) A large number of cabin owners in their State or their Congressional District.

Senators and Representatives who have clearly indicated their support for cabin owners are noted in the following list and should be thanked, while urged to continue that support through final enactment of the CFA into law. The 27 bipartisan cosponsors of the House CFA (H.R. 4888) should be especially thanked. Also to be especially thanked are the cosponsors of the Senate Resolution in 2009 that established the moratorium on cabin fee increases for 2010. The list also includes the Senate and House Democratic leaders , Majority Leader Harry Reid (D-NV) and Speaker Nancy Pelosi (D-CA), who could determine whether the CFA receives floor votes in the respective chambers.

For convenient reference, Senators and Representatives are grouped alphabetically by state.

Abbreviations are:

SA – Senate Appropriations Committee

SIA – Senate Interior Appropriations Subcommittee

ENR – Senate Energy and Natural Resources Committee

PFL – Senate ENR Public Lands and Forests Subcommittee

HA – House Appropriations Committee

HIA – House Interior Appropriations Subcommittee

NR – House Natural Resources Committee

NPFPL – House NR Subcommittee on National Parks, Forests and Public Lands

“Ranking” identifies the top Republican on a committee or subcommittee.



Lisa Murkowski (R) Ranking, ENR – Member SA

Mark Begich (D)

Representative Don Young (R) NPFPL



Jon Kyl (R)

John McCain (R) PLF


Gabrielle Giffords (D-8th District), Cosponsor, H.R. 4888

Raul Grijalva (D-7) Chairman, NPFPL

Jeff Flake (R-6), NPFPL

Ed Pastor (D-4), HIA



Barbara Boxer (D)

Diane Feinstein (D), Chair, SIA


Joe Baca (D-43)

Ken Calvert (R-44), HIA

Lois Capps (D-23), NR

Dennis Cardoza (D-18)

Jim Costa (D-20), NR, Cosponsor, H.R. 4888, Co-signed necessary letter requesting CBO analysis)

Anna Eshoo (D-14), Cosponsor, H.R. 4888

Sam Farr (D-17), HA, Cosponsor, H.R. 4888

Elton Gallegly (R-24), NR

Wally Herger (R-2), Cosponsor, H.R. 4888

Mike Honda (D-15), HA

Duncan Hunter (R-52), Cosponsor, H.R. 4888

Jerry Lewis (R-41), Ranking, HA

Zoe Lofgren (D-16), Cosponsor, H.R. 4888

Tom McClintock (R-4), NR, Cosponsor, H.R. 4888

Jerry McInerney (D-11), Cosponsor, H.R. 4888

George Miller (D-7), NR

Grace Napolitano (D-38), NPFPL

Devin Nunes (R-21), Cosponsor, H.R. 4888

Nancy Pelosi (D-8) , Speaker of the House

George Radanovich (R-19), Cosponsor, H.R. 4888

Adam Schiff (D-29), HA

Jackie Spier (D-12), Cosponsor, H.R. 4888

Mike Thompson (D-1), Cosponsor, H.R. 4888

Lynn Woolsey (D-6), Cosponsor, H.R. 4888



Michael Bennet (D)

Mark Udall (D), NPFPL


Mike Coffman (R-6), NPFPL

Doug Lamborn (R-5), NPFPL



Michael Crapo (R), Cosponsor, 2009 Moratorium Resolution

James Risch (R) NPFPL, Cosponsor, 2009 Moratorium Resolution


Walt Minnick (D-1)

Mike Simpson (R-2), Ranking, HIA, Cosponsor, H.R. 4888


Senator Charles Grassley (R), Cosponsor, 2009 Moratorium Resolution



Dale Kildee (D-5), NPFPL


Senator Amy Klobuchar (D), Cosponsor, 2009 Moratorium Resolution


Collin C. Peterson (D-7) (Chairman, Agriculture Committee) (SPECIAL NOTE: It is possible that the Agriculture Committee could assert jurisdiction over the CFA and insist on a hearing. This would hold up progress on the bill, possibly delaying it until too late. Minnesota cabin owners should ask Chairman Peterson to agree to waive Agriculture Committee jurisdiction over the CFA.)

Michelle Bachmann (R-6)

Keith Ellison (D-5)

John P. Kline, Jr. (R-2)

Betty McCollum (D-4), HA

James Oberstar (D8)

Erik Paulsen (R-3), Cosponsor, H.R. 4888

Tim Walz (R-3)



Max Baucus (D), Cosponsor, 2009 Moratorium Resolution)

Jon Tester (D) Introduced 2009 Moratorium Resolution, Prime prospect to introduce CFA in Senate

Representative Dennis Rehberg (R), HA, Cosponsor, H.R. 4888



John Ensign, (R)

Harry Reid (D), Majority Leader of the Senate


Shelly Berkley (D-1)

Dean Heller (R-2)

Dina Titus (D-3)



Jeff Bingaman (D), Chairman, ENR

Tom Udall (D)


Ben R. Lujan (D)

Harry Teague (D)

Martin Heinrich (D-1), NPFPL



Richard M. Burr (R), ENR

Kay R. Hagan (D)


Virginia Fox (R-5)

David E. Price (D), HA

Heath Shuler (D-11)



Kent Conrad (D)

Byron Dorgan (D), Cosponsor, 2009 Moratorium Resolution

Representative Earl Pomeroy (D)



Jeff Merkley (D)

Ron Wyden (D), Chairman, PLF


Earl Blumenauer (D-3)

Peter DeFazio (D-4), NPFPL (co-signed necessary letter requesting CBO analysis)

Kurt Shrader (D-OR)

Greg Walden (R-2), Cosponsor, H.R. 4888

David Wu (OR-1), Cosponsor, H.R. 4888



Lamar Alexander (R), Ranking, SIA

Bob Corker (R), PLF


Lincoln Davis (D), HA

John Duncan (R), NPFPL

Zach Wamp (R), HA



Orrin G. Hatch (R)

Robert F. Bennett (R), SIA, PLF


Rob Bishop, (R-1), Ranking, NPFPL, Cosponsor, H.R. 4888

Jason Chaffetz (R-3), NR, Cosponsor, H.R. 4888

Jim Matheson (R-2)


Representative James P. Moran (D), Chairman, HA



Maria Cantwell (D), PLF

Patty Murray (D)


Norman Dicks (D-6), HIA

Doc Hastings (R-4), NR, Introduced and championed H.R. 4888, Lead signer of CBO Letter

Jay Inslee (D-1), NPFPL

Cathy McMorris Rodgers (R-5), Cosponsor, H.R. 4888


Senator Herb Kohl (D), SIA


Tammy Baldwin (D-2), Cosponsor, H.R. 4888

Ron Kind (D-3), NPFPL



John Barrasso (R), Ranking, PLF, Cosponsor, 2009 Moratorium Resolution

Michael B. Enzi (R)

Representative Cynthia M. Lummis (R-1), NPFPL, Cosponsor, H.R. 4888

MRFHA - Camp Sherman

MRFHA - Camp Sherman
Metolius River