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 showing 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 web 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 are not offered as advice as to 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.

Geoff Anderson