Lame Duck Session Fails to pass Cabin Fee Act
December 24th, 2010On December 21st, Congress passed and President Obama signed into law a Continuing Resolution or “CR” to continue funding the Federal government at 2010 levels until March 4, 2011. The new 112th Congress will then have to approve funding through the end of the fiscal year on September 30, 2011.
The March 4 CR does not contain a moratorium on cabin fee increases for 2011, which was included in two other appropriations bills that were not passed. This was because Congress wanted to keep this short term moratorium “clean,” with minimal amendments.
This means that until Congress takes further action, the Forest Service can legally impose the fee increases required for 2011 under CUFFA.
The FS has not announced what it will do but it appears doubtful that the agency will send out bills for higher fees at least in the short term (3-4 months). The FS has already sent out 2011 bills with 2010 fee levels and they will probably not want to repeat the billing process quickly and have to deal with the administrative problems that would result. This is particularly the case since Congress may revisit the moratorium in its March appropriations legislation.
Further complicating the outlook for the FS is the likelihood that the new Congress is expected to take early action on Cabin Fee Act, which would then require a complete recalculation of all fees.
The NFH and the C2 Coalition are working with the FS to clarify the agency’s intentions and urge that no further bills be sent to cabin owners until the outlook in Congress is clearer. At the same time, NFH and C2 are working with key Members of Congress in support of another moratorium in March and to move the the CFA as expeditiously as possible.