CUFFA 2 Update (AGAIN)

Well folks reform takes time, but doing it right is almost always more important than doing it fast.  To that end we've received a blurb telling us that the proposal to amend the fee structure and bring it back down to earth is still in the formation stage, but soon to be introduced for discussion in Washington. 

There had previously been an announcement from Congressman Doc Hastings that he would be introducing the revised approach to the cabin user fee fairness act.  It's advisable that interested parties visit the National Forest Homeowner site to to familiarize themselves with the proposal, rather than be surprised later.  We've written about it here a bit and will cover it again (and again) as the 'cement begins to firm up'. You'll find a link to the NFH at this site.

The introduction of the new CFA has not yet taken place, yet.  The delay is due in part to concerns about which committee the Bill would be assigned to. Focus has been on the Natural Resources Subcommittee on National Park, Forests and Public Lands.  Mr. Jim Streeter, who is working for Cong. Doc Hastings and is the minority Staff Director for the Natural Resources Committee, believes that the bill, as written, would probably be referred instead to the Agriculture Committee and then assigned to a sub-committee that has few members representing cabin states.  There is concern that this subcommittee's interest level in our concerns would be less than with the Forests Subcommittee.  Therefore, a few slight changes have been made that MAY encourage the House Parliamentarian, who refers all bills to designated committees, to send the CFA to Natural Resources.  

None of the substance of the bill will be changed, only that we are suggesting a study to include Bureau of Reclamation cabins and targeting cabins on the Forest Reserves because the Natural Resources Committee has that jurisdiction.  These are minor technical and/or temporary revisions to the bill that hopefully will influence the assignment in our favor.

A tentative hearing date was set for February 25.  However, with the question about committee assignments and the total shutdown in DC due to record snow and the Congressional recess (just like in grade school) planned for next week, it's likely there will be a change in that date.  Regardless, C2 has been pressing ahead with planning and organizing for that hearing date.  Testimony is being written, supporting documents are being finalized and organized and potential witnesses are being identified.  Our NFH is doing their best to present a clear, concise picture of the problem to Congress and present a solid defensible solution in the CFA.
 

As we are updated we'll share what news we get here. In the meantime, you can be preparing your next appeal to your Congressmen and women to support and co-sponsor the CFA.  

Questions or concerns?  The best contacts are either of these hard working folks....
 

Peter D. Bailey
NFH Director & C2 Legislative Contact chair
253-383-2388  Home Office
253-312-0777  Cell

Aubrey C. King
NFH Washington Representative
11914 Grason Lane
Bowie, MD 20715-4012
O 301.464.8060
F 301.464.5232
C 202.251.6845
aubking@aol.com

Desparately Seeking Sponsors! Cabin Fee Act of 2009

In the next few weeks, Representative Doc Hastings (R-WA), Ranking Republican on the House of Representatives Natural Resources Committee, will introduce in Congress the Cabin Fee Act (CFA) that has been developed by cabin owners to replace CUFFA and establish a much more equitable and reasonable basis for determining cabin permit fees. We believe the following Representatives, who have many cabin owners in their Districts, should be willing to join Representative Hastings in introducing this historic legislation.

Cabin Owners and your Families, please make every effort to communicate with your Representative (and any others you may know) and urge him or her to join in introducing the Cabin Fee Act.
Your Representative's staff can contact Jim Streeter, Minority Staff Director of the Natural Resources Committee, at 202.226.2311, for information about the new bill and when it will be introduced. As always, let us know about your efforts and what you hear from your Representative.

Though we still have much work to do, let's hope that this is the year that results in a long-term solution to cabin fees. Many continuing thanks to you, your contacts and your communication network for getting us to this point.

In Oregon contact:

Republicans --
Greg Walden
843 E. Maint St. Suite 400
Medford, OR 97504
541 - 776-4646
http://walden.house.gov

Democrats -
Peter DeFazio
405 E. 8th Ave #2030
Eugene OR 97401
(541) 465-6732
http://www.defazio.house.gov/
Washington DC Office:
2134 Rayburn House Office Bldg
Washington DC 20515
(202) 225-6416

Earl Blumenauer
729 NE Oregon St. Suite 115
Portland OR 97232
(503) 231-2300
http://blumenauer.house.gov/
Washington DC Office:
2267 Rayburn House Office Bldg
Washington DC 20515
(202) 225-4811

David Wu
620 SW Main Suite 606
Portland OR 97205
(503) 326-2901
http://www.house.gov/wu/
Washington DC Office:
2338 Rayburn House Office Bldg
Washington DC 20515
(202) 225-0855

Kurt Schrader
112 8th Street
Oregon City, OR 97045
(503) 557-1324
http://schrader.house.gov
Washington DC Office:
1419 Longworth House Office Bldg
Washington DC 20515
(202) 225-5711

Metolius River Basin & Destnation Resorts

It was brought to our attention that the Jefferson County Commissioners was rumored to be contemplating INCLUDING the two proposed sites in the Metolius River Basin in their mapping of destination resort designations in defiance of the recent 'ban' signed by the Governor of Oregon. No one really knew what this might mean.

NOW comes word that this will NOT happen, but rather the following statement has been issued:

"The Jefferson County Board of Commissioners voted unanimously to remove the two contested Metolius Basin sites from the County's Destination Resort Eligibility Map. The Commission directed staff to prepare an ordinance for adoption that provides the Comprehensive Plan basis as well as the necessary zoning standards to regulate any future proposals however no map will be adopted identifying resort eligible sites. This action provides the framework for resort proposals outside of the Metolius Area of Critical State Concern to be reviewed for compliance with state and county requirements in the future. The first reading of the ordinance will be January 13, 2010."
John Skidmore, AICP Planning Director/CDD Manager, Jefferson County

This may finally slam the door on the issue, but can one ever really be sure?

LCDC Public Hearing Notes from 12/3

Last night's LCDC public hearing in Camp Sherman offered clarification on the proposed changes to the Area of Critical State Concern (ACSC) Management Plan. Three changes are proposed:
1. Implementing a process requirement for changing the management plan in the future.
2. Altering the clustering or row system for the limited development granted to the Ponderosa property east of Green Ridge and north of Black Butte.
3. Clarification of wording regarding average annual water consumption, meant to apply to all usage, which was accidentally ommitted in one area.

On January 21st in Salem, the LCDC will hold a full commission meeting to take action on the proposed changes to the ACSC.

The two (2) areas of land covered under the ACSC Management Plan offer varying degress of protection. The hydrologic area, Area 1, holds the highest degree of protection. Area 1 prohibits large scale development and places a limit on the number of homes (10) and limits the average annual water use, which corresponds directly to the number of dwellings. Area 2 protection is not as stringent, allowing 20 dwellings.

The Poderosa property straddles Areas 1 and 2, entailing approximately 320 acres of land. Small scale development is granted for this property. A hearing to map the 320 acres of Ponderosa land will be held in Camp Sherman Community Hall on December 9th at 6:00 PM.

Two Public Hearings Concerning the Metolius Basin

Hearing I

Department of Land Conservation & Development

Public Hearing on the Area of Critical State Concern

When: Thursday, December 3rd at 5:30 PM

Where: Camp Sherman Community Hall

The Metolius Protection Act, passed in June, requires the Department of Land Conservation & Development ro establish rules for managing the Area of Critical State Concern. The public hearing is the vessel to listen to public testimony regarding adopting and incorporating terms of the management plan.

Written statements may be submitted electronically to: casaria.r.tuttle@state.or.us.

Hearing II

Do Destination Resorts Still Threaten the Metolius Basin?

Public Hearing on Destination Resort Mapping

When: Wednesday, December 9th at 6:00 PM

Where: Camp Sherman Community Hall

The Jefferson County Commission has intentions to finalize a map of land appropriate for destination resorts in the county. One may ask, "How is this possible?"

Jefferson county is expected to adopt changes in response to issues raised by the Land Use Board of Appeals (LUBA) under the Oregon Supreme Court. Upon the June passing of The Metolius Protection Act, the state Supreme Court reverted the case to the Court of Appeals, which will revert the jurisdiction of the case to Jefferson County.

Oral and written comments will be accepted at the hearing. Written statements may also be sent to: Jefferson County Community Development Department. 85 SE D Street, Madras, Oregon 97741.

Fees Moritorium and it's Impact on Oregon FS Cabin Owners

Quite a few will be asking 'What does the bill recently passed in Congress temporarily altering cabin fee increases, do for ME?'

This e-mail we received from the Oregon Forest Homeowners attempts to clear it up. Please read the excerpt below:
-----------------------------------------------------------------------------
From: Sharon Karr [sekarr@asktechwriter.com]
Sent: Wednesday, November 11, 2009 9:32 AM

Subject: C2 Update for Oregon

To all,
Below is the latest information from C2 which may help answer some of the questions I am receiving about the impact of the new moratorium for Oregon permit holders. Although Oregon permit fees are not impacted by the moratorium, it is important that cabin owners understand this is a symbolic victory that included both Senator Wyden and Representative Walden as supporters.

Below Pete Bailey's message, I have copied in another email that describes the fee savings for Lake Owens, Wisconsin, provided by the moratorium. There are a number of cabin owners nationwide that are facing very high fees and the moratorium is a significant solution for the short term while C2 works toward a long-term fix to CUFFA.

Don't forget to check the NFH Blog and the OFHA website to obtain current information on C2 activities. http://nationalforesthomeowners.org/leadership/
http://www.oregonforesthomeowners.com/OFHA%20C2%20Report.html

Thanks,

Sharon Karr
----------------------------------
Begin forwarded message:

From: "Pete Bailey"
Date: November 6, 2009 9:18:16 AM PST
Subject: C2 Update 11.6.09

Greetings C2 State and Regional Coordinators,
Securing the support of Congress for the 2010 Cabin Fee Moratorium was a huge step forward in achieving our overall goal of permit fee reform. Our success was due to the efforts of individuals in every corner of the country. A gracious Thank You to all cabin owners who wrote, called or emailed their Legislators. You made a difference!

Though the moratorium does not fully address the most egregious situations, it does help considerably, but more importantly indicates that Congress recognizes that we have a serious problem that needs to be resolved. The initial Senate version held 2010 fees at the 2009 level, but created a $3.9M offset (reduction) in the Forest Service recreation budget. The House/ Senate conference version that was signed into law capped any potential increase at 25%, reducing the offset by about $1M. The hard budget times in DC clearly impacted our situation. The actual moratorium language follows for your interest.

SEC. 433. Notwithstanding any other provision of law, none of the funds made available by this or any other Act may be used by the Secretary of Agriculture to increase a recreation residence user fee for calendar year 2010 by more than 25 percent of the recreation residence user fee applicable to the recreation residence for calendar 2009.

We are not resting with this initial success with Congress, but continue to push forward. Coalition 2 has developed 1) draft legislation language and 2) a summary of the intent of the draft legislation. We have tried to capture the principles and structure of the User Fee/Transfer Fee (UF/TF) idea as proposed. You have informed us that you agree with the UF/TF Proposal, in fact, 92.7% of all those responding to the Sales Data and Appraisal Survey, just completed, support replacing CUFFA with the UF/TF concept. Thanks for this clear affirmation of support. Congress and the Forest Service wanted to know what degree of support existed. Now we can answer their question.

Our Washington Representative, Aubrey King, now is tasked with ‘shopping’ the draft bill in Congress. We are seeking sponsorship for the draft legislation among several likely candidates. They will be approached in the next few weeks. We’ll keep you posted on the results.

Other challenges remain. Once the draft bill is submitted to Congress, the Congressional Budget Office (CBO) will be asked to assess the revenue impact of the proposed legislation. We are preparing to defend our assertion that the Proposal is ‘revenue neutral’. This is a key issue if we expect to keep the fee tiers in the affordable range. We also expect negotiations with Congress and the Forest Service to include other issues, e.g., the final percentages and the exact tier assignments with their related fees. Leadership believes that the proposal, as written, fairly addresses these complicated issues. Be assured that leadership will remain fully engaged in this process. The hard work begins now.

Overall support has been great! But, we have not crossed the goal line. Your continued moral and financial support will be required going forward. I ask that you stay informed and engaged as much as your life demands allow.

Pete Bailey, C2 Legislative Contact chair

FYI:
You have all heard me talk about Lake Owens, WI and how they are facing a similar situation as Lake Wenatchee. Here are their fee numbers. The 2009 fee is a one third phase in of their 98 appraisal. Without the moratorium, they would face another big jump in 2010 when their 2008 CUFFA appraisal ($320,000 or a $16,000 annual fee) gets phased in ($9062), 2011 ($12,531) and 2012 ($16,000). The 25% moratorium helps by reducing the 2010 obligation to ($6992), approximately a $2070 savings. These are approximate numbers, as I ignored the IPD-GDP inflator. But, you get the idea...

Pete

Copy of NFH Letter on Cabin Fee Freeze

The Senate passed the Appropriations bill with an amendment that sets 2010 cabin fees at the 2009 fee level, that is no increase of any kind and no inflationary increase either for any cabin permit, regardless of where in the appraisal/fee cycle they are at or which appraisal cycle is being applied. This includes all cabin permittees. No cabin owners are excluded. Most have paid '09 fees based on their 90's appraisal value, which in many cases includes a 3 year phase in period. Others have paid '09 fees based on their more recent CUFFA appraisal value, which may also include a 3 year phase in period. This may be characterized, by some, as somehow unfair. But, given the complexity of cabin fee implementation across the Nation with many varied permutations, a simple freeze was determined by the Senate as most reasonable. No national database is kept that informs us of which cycle is being applied where, because it is administered locally, rather than regionally or nationally.

The process of moving this bill to final signing is important to understand, too. From an affirmative vote in the Senate, the bill goes to a House/Senate conference committee to work out any differences that may exist. When the committee is in agreement with all language and aspects of the bill, it is returned to both the Senate and House for a final vote. Language is often changed in this committee. It is here that concerns about the use of the term 'levied' will be addressed to be sure that the amendment says what Senator Tester intended as explained above. Contact with the appropriate Congressional staff has already occurred. There is no concern about who the amendment applies to or when. The date you receive your billing should not effect whether this moratorium applies to you or not. After an affirmative vote from both houses, the bill is sent to the President for his signature. We have been told, that because the Appropriations bill is so critical, this process should play out over the next week or so. But, while no major opposition is expected, it’s not done until it’s done.

Setting the moratorium based on 2008 fees was considered. But, the required offset was a much higher hurdle to get over. Let me explain. Because the moratorium eliminates any revenue increase, their is a shortfall based upon the revenue that would have been collected with no moratorium. That is the offset. The Congressional Budget Office determines this number. The offset for the moratorium, as passed by the Senate, is $3.9M. If fees were set back to the 2008 year, the offset would have been, at least, $9M to $10M. Senate passage of a moratorium with such a high offset was considered very unlikely. So the Tester amendment, using 2009 fees, was put forth. To say that the Senate rejected a moratorium based on 2008 fees mischaracterizes the process.

The source of those offset funds was another major concern and not a simple issue in the Senate or for the Forest Service. The $3.9M will come from the approximate $12M increase in the Forest Service Recreation budget. The FS will probably comment about this loss of Recreational funds. So you can see that the likelihood of a $9M+ offset gaining traction was quite miniscule.

This moratorium is meant to provide fee relief for only the next billing cycle (2010) while we pursue a legislative solution to replace the current faulty CUFFA fee determination process. So current appraisals will proceed under CUFFA. You need to remain fully engaged with that process, too. If second appraisals or appeals are in process, stay with them to their conclusion.

Most importantly, the moratorium brings credibility to our issue with members of Congress, the Forest Service, and others which hopefully translates into action to solve this issue once and for all. We are already working on the next steps to achieve legislative change. Congressional staffers in key offices are ready to work with us too.

We are encouraged with the progress. Stay engaged.

Pete Bailey
NFH Director & C2 Leg. Contact chair

URGENT Survey Request!

Fellow Cabin Owners


Some of you may have already received this request. We apologize for the repeat email. This note is a reprint from one sent by the National Forest Homeowners and forwarded to some by the Oregon Forest Homeowners. This information and other pertinent info can be found at the MRFHA Blog site online http://mrfha.blogspot.com/


ACTION IS VERY IMPORTANT.
There is a limited time for participation in the survey linked below. Please respond to the survey by October 15 if can.


Recent developments require that the NFH expand and improve their knowledge of Cabin Sales and Appraisals in cabin tracts across the country. First, alarming appraisal results continue to be reported from most Forests. Second, our new Fee Proposal, (available by clicking here for the Alternative Fee Model Proposal from the C2 Coalition ), has been introduced to cabin owners, Legislators and Forest Service personnel, as widely as possible. Questions are being asked that this new survey addresses head on. The results will help inform discussions with Congress about our Fee Proposal and the impact of CUFFA on National Forest cabins throughout the country.

YOUR HELP is urgently needed!
Please complete this new Survey today!

This is important! Your contribution to a national database is essential to the future of the Recreation Residence Program. Your answers will help us understand the national appraisal and cabin sales picture better.

The cabin isn't just about us. It is about generations before us and more importantly about the generations to follow, our kids and grandkids. What are you doing to ensure this legacy lives on?

Your contribution is critical.

Reach out to your fellow cabin neighbors. Encourage them and provide them a way to complete this vitally important survey. Print a copy for them to complete and mail in, or suggest they sit down with a family member and complete the survey online. Every Cabin Counts!!! Help us paint this picture!

Survey response deadline of October 15, 2009.
Remember one response per cabin, too.


COMPLETE THE SURVEY ON-LINE OR BY MAIL
NOTE: The survey is by Forest and NOT by tract so select OR-Deschutes as your location


By Internet:

Click here to take the survey online:
https://www.surveymonkey.com/s.aspx?sm=X4tioBYaT21M4GSVjskIJQ_3d_3d


By Mail:

1. Obtain a print version of the survey: available at http://nationalforesthomeowners.org OR use the attached PDF File (same thing)
2. Complete it:
3. Mail it to: NFH Survey, c/o: Meredith Randall, 410 Powers Court Ave, Milton, GA, 30004

Please direct support questions to nfhsurveysupport@cableone.net.
One of our NFH survey specialists will get back to you shortly.



Copyright © 2009 , National Forest Homeowners
Contact Details
Mary Clarke Ver Hoef, NFH Executive Director
1-800-669-9971 / FAX: 916-359-5271

News Updates from the NFH On Cabin Fees

As a result of work by many including those who have contacted their legislators AND our Cabin Associations the Congress will consider a moratorium on the upcoming fee increases related to the most recent appraisals for a year or until such time as they have had a chance to review the issues related to amending/ changing the CUFFA rules. This is by no means certain and only notice by the Forest Service should be considered final, but its not bad news and gives cabin owners hope that their pleas will get a fair hearing.

In order that the Cabin Coalition 2/NFH is properly armed to carry our message to Congress they ask all cabin owners NATIONWIDE to complete a survey. Please follow the link if you are a cabin Permittee ...
NFH Cabin Survey