The following is offered as an example or template for filing an appeal of your 2013 Permit Fee billing.
You have 45 days from the date on your bill to file an appeal. You can file your appeal by hand, U.S. mail, private delivery such as Federal Express, fax or email, but we recommend sending it by certified U.S. Mail, return receipt requested so you can confirm it was sent.
SEND VIA CERTIFIED U.S. MAIL: RETURN RECEIPT REQUESTED
Address the appeal to the immediate supervisor of the person who signed or sent the document you are appealing. If the document was signed or sent by a District Ranger, send the appeal to the Forest Supervisor. If the document you are appealing was signed or sent by the Forest Supervisor, send your appeal to the Regional Forester.
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All language in BLACK print should be included,
all language in RED requires information specific to you and your concerns and situation.
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Re:Notice of Appeal
Dear Mr./Ms. (name the person as noted above):
I am writing pursuant to 36 C.F.R. § 214.1 et seq. to appeal the issuance by (name and title of the person who signed/issued the fee bill)of the (your Forest name) National Forest of a (name or describe the Decision document) to the undersigned. The Decision is dated (insert correct date). A copy of that Decision is attached.
The information required by 36 C.F.R. § 214.8 for this Notice of Appeal is set forth below.
My name, mailing address, daytime telephone number and email address are:
______(insert permittee name, address, daytime phone number and email address _____
______
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Describe the decision being appealed. Include the name and title of the person who signed the decision and the date of the decision. Describe the fee bill and the amount being sought.
______(insert your description of the decision being appealed, etc. here) ______
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My current recreation residence permit # is _(insert permit #)____.
This permit was issued on _(insert date of permit issuance) _____ .
Pursuant to 36 C.F.R. § 214.8(a)(4), set out below is a description of the adverse effect from the Decision.
Insert a brief description of how you have been adversely affected by the Decision. For example, describe if you are unable to pay the fee, if paying the fee creates an economic hardship or if the fee is forcing you to sell or consider selling your cabin. You can also include, if applicable, a discussion of whether the fee has an adverse impact on your ability to sell the property, if you should choose to do so or if that became a necessity due to the fee, etc.
Pursuant to 36 C.F.R. § 214.8(a)(5), set out below is a statement of the additional relevant facts underlying the Decision:
Insert a description of the amount of your annual fee in years past, any efforts you may have made to challenge the appraisal leading to the current fee, and any other facts about your efforts to challenge the fee or why you believe the fee is unfair and too high.
Pursuant to the Forest Service’s regulations, your bill must include certain statements setting out specific information in order to be valid. The required information is:
(1) identifying the contents of an appeal;
(2) the name and mailing address of the specific Forest Service person who sent the bill; and
(3) the deadline for you to file an appeal.
If your bill did not state this specific information, you should include the following statements in response to this section: “Pursuant to 36 C.F.R. § 214.6, an appealable decision must include certain specific information. However, my bill did not contain that information. Therefore, the bill is not an appealable decision and I am filing this appeal only as a precautionary measure in case it is later determined that the bill somehow was an appealable decision. My filing of this precautionary appeal in no way is to be construed as a waiver of my position that the bill failed to comply with applicable law and therefore did not trigger my appeal rights.”
Pursuant to 36 C.F.R. § 214.8(a)(6), set out below is a discussion of the issues raised by this appeal, including the relevant laws and policies that have been violated:
Insert a discussion of the overall fairness of the new fees and the detrimental impact on you. For example, if applicable, you may want to include a discussion along these lines:
As the preface to the Cabin User Fee Fairness Act of 2000 (“CUFFA”) demonstrates, Congress has concluded that cabins such as (mine/ours) located on forest land have provided a unique recreation experience to a large number of cabin owners, their families, and guests each year since Congress authorized the recreation residence program in 1915. Congress also specifically agreed that past appraisal procedures had been inconsistently applied in determining fair market values for residential lots and that this had created a significant problem for cabin owners. The intended purpose of CUFFA was to ensure, to the maximum extent practicable, that the Forest Service’s recreation residence program is managed to preserve the opportunity for individual and family-oriented recreation, and to develop and implement a more consistent procedure for determining cabin user fees, taking into consideration the limitations of an authorization and other relevant market factors. The Forest Service was directed by Congress to ensure, to the maximum extent practicable, that the basis and procedure for calculating cabin user fees such as mine/ours results in a fee for an authorization that reflects the market value of a lot, taking into account the extensive limitations on that value imposed under our permit. However, none of that was done in (my/our) case.
The fee which (I/we) are being required to pay is not consistent with Congress’ stated goals for protecting the recreation residence program, constitutes a denial of due process, results in unequal treatment and would result in reducing, if not eliminating, the very unique and longstanding recreation experience which Congress fully intended to preserve and promote.
Also include any issues or facts related to your specific situation, including any information you may have about your appraisal process resulting in dramatically different fees from others and whether the fee is likely to result in you losing your cabin, either through a forced sale or the inability to pay the fee and loss of your permit.
Pursuant to 36 C.F.R. § 214.8(a)(7), set out below is a statement as to whether and how (I/we) have attempted to resolve the issues which led to this appeal with the Forest Service, the date of those efforts and the outcome:
Insert a discussion of any efforts you have taken to challenge any appraisals or have your fee reduced, including conversations, emails, and letters. Also describe the Forest Service response. You should also include the following statement: “ I have, acting through National Forest Homeowners, made efforts to have the Forest Service prepare an appropriate fee. However, those efforts have not been successful to date.”
Pursuant to 36 C.F.R. § 214.8(a)(8), set out below is a statement of the relief (I/we) are seeking in this appeal:
(I am/we are) requesting that the deciding officer’s Decision as to the fees which have been assessed be withdrawn.
If applicable to you, also include any part or all of the following: In the alternative, (I am/we are) requesting that the (I/we) be permitted to pay the fee in installments.
Everyone should include the following:
Any payment of any fees by (me/us), at any time, should not be construed as a waiver of (my/our) right to challenge any fees or seek a return of those fees in the future.
Pursuant to 36 C.F.R. § 214.8(a)(9), a copy of (my/our) permit is attached along with the Decision document.
Pursuant to 36 C.F.R. § 214.8(b)(2), I request a stay of the Decision while this appeal is pending. As noted above, the adverse effects of the Decision will occur during the pendency of this appeal absent a stay. Therefore, I respectfully request that payment of the fee not be demanded during the appeal period.
If you want the opportunity to present your appeal orally to the Forest Service appeal official, include the request below for an oral presentation.
Pursuant to 36 C.F.R. § 214.8(b)(1), I am requesting an oral presentation as set out in 36 C.F.R. § 214.16. I recognize that this is an informal process during which I am allowed to clarify or elaborate on the issues raised in my appeal. I also recognize that the Forest Service will notify me of the date, time and location for my oral presentation.
Sincerely,
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(Sign it and type your name below)
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Date
cc (w/ enclosures):
We recommend sending a copy of the appeal to the Forest Service employee who signed/issued the Decision.
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