Recreation Residences

The recreation residences on the Wallowa-Whitman National Forest are permitted under a 1915 Public Law (P.L. 63-293 as amended) for Occupancy Permits. This act provided:

“the use and occupancy of suitable areas of land within the national forests, not exceeding five acres and for periods not exceeding thirty years, for the purpose of constructing and maintain summer homes.”

Currently the program consists of the 3 tracts which have a total of 43 privately owned cabins.

Picture of cabin

The Wallowa-Whitman National Forest Recreation-residence program began in the mid-1930s, with designated summer home tracts approved in the late 1940's to mid-1950s. At that time, the Forest sought to expand recreational opportunities, and offered small lots via a solicitation process to families and individuals to build small cabins. The structures and use were authorized by a special use permit, and permittees were charged an annual fee. This Summer Home program continued until the late 1970's when the Forest requested that the undeveloped lots be removed from the program and the lots reverted back to general forest land use.

Today the program consists of the 3 tracts which have a total of 43 privately owned cabins.

Floodwater Flat Tract : Also known as the Anthony Lake Summer Homes, this tract is located on the Baker Ranger District in the Anthony Lakes Basin , approximately 35 miles northwest of Baker City , Oregon (T.7S., R.37E, Sec 7, W.M.). The Floodwater Flat recreation residence tract was approved by the Chief of the Forest Service in 1947 and the plat completed for 25 lots. One lot was never developed, and today there are 24 occupied lots with lots that are from 0.25 to 1.0 acres in size. Common permitted structures on the lots include cabins, outhouses, water systems and septic systems, decks, and some miscellaneous outbuildings.

Blue Springs Tract : The Blue Springs tract is located on the La Grande Ranger District along Fly Creek in the Upper Grande Ronde River watershed, approximately 35 miles southwest of La Grande , Oregon (T.5S., R.35E, Sec 20, W.M.). The Blue Springs Summer Home tract was approved by the Regional Forester in 1954 and the plat completed for 20 lots. Based on lack of development, 8 lots were removed from the tract by the Forest Service Regional Forester in 1978. Today there are 12 occupied lots which are less than 0.5 acres in size. Permitted structures commonly found on the lots include cabins, outhouses, miscellaneous sheds and outbuildings.

Boulder Park Tract : This tract is also located on the La Grande Ranger District along the Wild and Scenic Eagle Creek, approximately 40 miles northeast of Baker City , Oregon (T.6S., R.43E, Sec 2, W.M.). The Boulder Park Summer Home tract was approved by the Chief of the Forest Service in 1954 and the plat completed for 34 lots. In 1976, 28 lots were deleted from the tract by the Forest Service Regional Forester since they had not been developed. Currently there are 7 occupied lots which are less than 0.5 acres in size. Common permitted structures on the lots include cabins, outhouses, water systems and some miscellaneous outbuildings.

Chronology of Recreation Residence on the Wallowa-Whitman National Forest (WWNF)

1981 - Recreation residence Appraisal Reports/Forest Service Appraisal Review completed. (Final report in 1982)

1999 - Recreation residence Appraisal Reports/Forest Service Appraisal Review completed. (Final report in 2000)

2002 - WWNF and permit holders complete inventory of recreation residence features required by CUFFA.

The Forest Service does not become involved in the actual sale of the cabins, nor does the Forest Service maintain current listings of the cabins which are for sale. A few of these transactions are handled through real estate agents in the local communities, however many of the transactions are done by the owners themselves who sell the homes or conduct a within-family transfer. Turnover of the homes is estimated at less than 5% annually.

Purchase price for the residences in the 3 tracts vary, and should only reflect the value of the improvements - the cabin, toilet, water/septic system, storage shed, etc. The purchase price does not include the value of the land.

The Forest Service involvement in the sale of the residences is to process the application and permit, review the terms and conditions of the permits with the new owner, and periodically inspect the premises. You are encouraged to contact the local Ranger District either in Baker City (541-523-4476) or in La Grande (541-963-7186) to discuss the Special-Use Permit in greater detail.

Determinations were made in the 1970s that all unoccupied lots would be removed from the tracts. Based on this determination, there are no unoccupied lots available for new construction .

The Forest Service charges an annual use fee for the recreation residence special use permit. The fees presently in effect on the Wallowa-Whitman National Forest range from $150 to $500. Every few years the Forest Service hires a private appraiser to appraise the lots. These appraisals do not include any improvements on the lots. The more desirable a lot is, i.e., stream frontage and tree cover, the higher the value of the lot. The Forest Service charges 5% of the appraised value plus an annual Consumer Price Index adjustment as the annual use fee. In addition, the local counties may assess a property tax based on the value of the improvements on the lot.

Each of the recreation residences is required to have a special use permit that authorizes the permittee to use National Forest System land. The basic intent of the permit is to maintain the forested recreation setting, provide for the safety of the permittee and general public, and protect the natural resources of the area. This authorization contains permit terms and conditions, as well as procedures for developing, maintenance and use the recreation residence. Specific direction for individual residences may also be included in the permit.

Most of the current 'term' permits and are issued for a 20 year term due to expire on December 31, 2008 . (One actually ends in 2010). Any new permits during this last 20 year period were issued for only the remainder of that term. In 2008 the Forest Service will issue new permits for another 20 years provided there is no higher or better use for that particular land.

• The holder shall maintain the premises in a safe, neat, and orderly condition.

• No soil, tree or vegetation shall be removed without permission from the FS.

• Improvements requiring written approval include, but not limited to; signs, fences, name mailboxes, pipelines, antennas and storage sheds.

• All plans for development, layout and construction/reconstruction or alterations must be prepared by a licensed engineer, landscape architect or other qualified individual acceptable to the Forest Service.

• The requirement to coordinate with the Forest Service in the development of an annual operating plan for operation and maintenance.

• In exercising the privileges granted in the permit, the holder shall comply with all federal, state, county laws ordinances or regulations

A copy of a more detailed term special use permit for recreation residences is available from the local Forest Services Offices.

The Cabin User Fee Fairness Act of 2000 (CUFFA) was enacted into law on October 11, 2000, as Title VI of the Appropriations Act for the Department of Interior and Related Agencies for fiscal year 2001 (P.L. 106-291). This legislation directs how the Forest Service is to appraise recreation residence lots, and has provisions concerning how land use rental fees for recreation residence special use permits are to be determined, assessed, and collected. The act also supports National Forest System recreation residence program which is managed to preserve the opportunity for individual and family oriented recreation.

Recreation Residence Permit Holders were sent a letter informing them of the legislation and the publishing of administrative procedures for implementing the act in May 2003 (See letter

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As part of CUFFA, section 606 of the act directs the Forests to complete inventories of typical lots (not each lot) found in each tract. The purpose of the inventories is to determine and document the existence of access, utility facilities and off-lot improvements that may influence the estimated market value of the typical lot and will be used by appraisers to determine a new base fee for your recreation residence pursuant to provisions in the Act. During the inventories determinations were also made, where possible, whether the Forest Service, the cabin owner (or a predecessor), or a third party paid the capital costs of these improvements. Utilities, access, or facilities serving a lot that are or have been provided by the cabin owner (or a predecessor of the cabin owner) shall not be included as a feature of the lot being appraised.

In 2000, appraisals of typical lots were conducted on the Wallowa-Whitman National Forest to determine a new base fee for each of the recreation residence lots. Use of the new base fee for each of the recreation residence has been postponed however, until the inventory and implementing regulations for CUFFA have been completed.

Permit Holders were advised on these inventories in The Wallowa-Whitman National Forest completed these inventories in July 2002, 2 months ahead of the September 30, 2002 timeframe.

Recreation Residence Permit Holders were sent a letter informing them of the inventories in June 2002 (See letter

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Based on National Forest Service direction, the Forest has also initiated a review of the 3 tracts to ensure that they are ‘consistent' with the 1990 Wallowa-Whitman National Forest ; Land and Resource Management Plan (Forest Plan). This policy direction will need to be completed in preparation of the new 20 year term permits in 2008.

In the Fall of 2004, the Forest initiated this administrative review, with resource specialists and expects to complete this review by summer 2005. (See Consistency Review Form

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Recreation Residence Permit Holders were sent a letter informing them of the Consistency Reviews and Compliance Inspections in September 2004 (See letter

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During the Fall of 2004, preliminary Compliance Inspections (See Compliance Inspection Form

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Following the Consistency Review, Compliance Inspections and review of the lots with the Forest Service Specialist, an environmental analysis will be completed. This environmental analysis will result in a decision which is known as a Continuance Determination for the future disposition of the lots within the tracts. Those lots and improvements that are determined to be in consistent with all laws, regulations, permit conditions and existing Forest Plans will receive another 20-year term permit. The Continuance Determinations will also document the rationale for any lots in which the recreation residence will be discontinued. These Continuance Determinations are a decision and will be subject to an administrative appeal process in 36 CFR 251 and 36 CFR 215.

Wallowa-Whitman National Forest

Recreation

RECREATION RESIDENCES (Summer Homes)

RECREATION RESIDENCES
(Summer Homes)