[Senate Report 113-67]
[From the U.S. Government Publishing Office]
Calendar No. 121
113th Congress Report
SENATE
1st Session 113-67
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ALASKA SUBSISTENCE STRUCTURE FEES
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June 27, 2013.--Ordered to be printed
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Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 736]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 736) to establish a maximum amount for
special use permit fees applicable to certain cabins on
National Forest System land in the State of Alaska, having
considered the same, reports favorably thereon with amendments
and an amendment to the title and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. Beginning on page 1, strike line 8 and all that follows
through page 2, line 2, and insert the following:
(1) Covered cabin or temporary structure.--The term
``covered cabin or temporary structure'' means a cabin
(including related structures) or a tent platform on
National Forest System land in the State of Alaska--
2. On page 2, strike lines 18 through 22 and insert the
following:
SEC. 3. ALASKA SUBSISTENCE USE CABIN AND TEMPORARY STRUCTURE SPECIAL
USE LAND USE FEES.
The maximum land use fee for a special use permit issued by
the Secretary of Agriculture for the use and occupancy of
National Forest System land for a covered cabin or temporary
structure shall be not more than $250.
3. Amend the title so as to read: ``A bill to establish a
maximum amount for special use land use fees applicable to
certain cabins and temporary structures on National Forest
System land in the State of Alaska.''.
PURPOSE
The purpose of S. 736 is to establish a maximum annual fee
of $250 for the issuance of a special use permit by the
Secretary of Agriculture for use and occupancy of a cabin,
structure, or shelter on National Forest land in Alaska for
subsistence purposes.
BACKGROUND AND NEED
The Tongass National Forest, located in Southeast Alaska,
is the largest national forest in the United States at 17
million acres, roughly the size of West Virginia. The Tongass
is home to approximately 70,000 people living in 32
communities, including the state capital, Juneau.
Alaska Natives, including the Tlingit, Haida, and
Tsimshian, have continuously inhabited the Tongass for more
than 10,000 years. They practiced a subsistence way of life
that many of the Alaska Natives today continue to practice.
Subsistence structures, most of which are used by Alaska
Natives, have been a part of the Tongass since its creation and
are used primarily for hunting, fishing and gathering the wild
foods that these families depend on to survive. Now, a century
later, only a small number of subsistence structures remain.
Most of the cabins and tent-platforms that still exist were
built generations ago by the same families that own them today,
and are still primarily used for hunting, fishing, and
gathering the wild foods that these families depend on.
The Forest Service fee schedule does not have a category
for subsistence cabin use in Alaska. The agency currently
charges these subsistence users $853.44 per year for a special
use permit that allows them to continue to use their cabins--
cabins their families built, and have used for these same
subsistence purposes for decades. The Forest Service charges
the same rate to those utilizing shelters on Tongass land for
commercial fishing camps, mineral exploration, commercial
outfitter and guide operations, and personal recreation
retreats. The current fee has become a significant burden for
families living a limited cash subsistence lifestyle.
S. 736 would set the annual fee to not more than $250 for
subsistence cabin use.
LEGISLATIVE HISTORY
S. 736 was introduced by Senator Murkowski on April 16,
2013. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on S. 736 on April 25, 2013. At its business
meeting on May 16, 2013, the Committee reported the bill
favorably reported with amendments.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 736, if
amended as described herein.
COMMITTEE AMENDMENTS
During its consideration of S. 736, the Committee adopted
two amendments that to clarify the definition of a covered
cabin or tent structure that would be subject to the fee
structure under this Act.
SECTION-BY-SECTION ANALYSIS
Section 1 provides for the short title, the ``Alaska
Subsistence Structure Protection Act of 2013''.
Section 2 defines the terms of the bill ``covered cabin or
temporary structure'' and ``subsistence uses'' as used in this
bill.
Section 3 states that the maximum amount for a special use
permit for a covered cabin or temporary structure on Forest
Service land at $250.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of S. 736 has been provided
by the Congressional Budget Office:
S. 736--Alaska Subsistence Structure Protection Act of 2013
S. 736 would establish a cap on the annual fee paid to the
federal government by individuals who own certain structures
(including cabins and temporary fishing facilities) on Forest
Service lands in Alaska. Based on information provided by the
Forest Service, CBO estimates that enacting the legislation
would reduce offsetting receipts, which are treated as
reductions in direct spending, by about $75,000 a year;
therefore, pay-as-you-go procedures apply. Enacting the bill
would not affect revenues.
Under current law, owners of the 138 affected structures
pay an annual fee to the federal government based on the fair
market value of the occupied land. In 2013, those owners paid
fees totaling about $110,000. Based on information provided by
the Forest Service, CBO estimates that those owners would pay
fees totaling about $35,000 a year in future years under the
bill. Thus, we estimate that enacting S. 736 would reduce
offsetting receipts by about $75,000 a year over the 2014-2023
period.
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting
direct spending or revenues. S. 736 would reduce offsetting
receipts; therefore, pay-as-you-go procedures apply. The net
budgetary changes that are subject to pay-as-you-go procedures
are shown in the following table.
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 736, THE ALASKA SUBSISTENCE STRUCTURE PROTECTION ACT OF 2013, AS ORDERED REPORTED BY THE
SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON MAY 16, 2013
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By fiscal year, in millions of dollars--
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2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013-2018 2013-2023
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 0 0 0 0 0 0 0 0 0 0 0 1
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S. 736 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 736.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 736, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 736, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Forest Service at the April
25, 2013, Subcommittee on Public Lands, Forests, and Mining
hearing on S. 736 follows:
Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 736, the Alaska Subsistence Structure Protection
Act of 2013.
The bill would provide relief to rural Alaskan cabin users
who depend on the Tongass National Forest for subsistence
fishing, hunting and gathering by capping the fee that may be
charged for the special use permits authorizing the use of the
cabins.
The Department does not oppose S. 736, but would appreciate
the opportunity to work with Committee staff on technical
changes to the bill. These changes would better clarify which
permits would be eligible for the reduced fees.
We also note that the Forest Service has existing authority
to implement the changes in fees required by the bill, so
legislation on this topic may not be necessary.
This concludes our testimony and I would be happy to answer
any questions that you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 736, as ordered
reported.