H.R. 3268 (106th): Fair Cabin User Fee Act of 1999

106th Congress, 1999–2000. Text as of Nov 09, 1999 (Introduced).

Status & Summary | PDF | Source: GPO

HR 3268 IH

106th CONGRESS

1st Session

H. R. 3268

To provide for the return of fair and reasonable fees to the Federal Government for the use and occupancy of National Forest System land under the recreation residence program, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

November 9, 1999

Mr. COOK introduced the following bill; which was referred to the Committee on Resources


A BILL

To provide for the return of fair and reasonable fees to the Federal Government for the use and occupancy of National Forest System land under the recreation residence program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Fair Cabin User Fee Act of 1999’.

SEC. 2. FINDINGS.

    Congress finds that--

      (1) the recreation residence program is--

        (A) a valid use of forest land and 1 of the multiple uses of the National Forest System; and

        (B) an important component of the recreation program of the Forest Service;

      (2) cabins 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;

      (3) tract associations, cabin owners, their extended families, guests, and others that regularly use and enjoy forest cabin tracts have contributed significantly toward efficient management of the program and the stewardship of forest land;

      (4) cabin user fees have traditionally generated income to the Federal Government in amounts significantly greater than the Federal cost of administering the program;

      (5) the rights and privileges granted to owners of cabins authorized under the program have steadily diminished while regulatory restrictions and fees charged under the program have steadily increased; and

      (6) the current fee determination procedure has been shown to incorrectly reflect market value and value of use.

SEC. 3. PURPOSES.

    The purposes of this Act are--

      (1) to ensure, to the maximum extent practicable, that the National Forest System recreation residence program is managed to preserve the opportunity for individual and family-oriented recreation at a reasonable cost; and

      (2) to develop and implement a more efficient, cost-effective procedure for determining cabin user fees that better reflects the probable value of that use by the cabin owner, taking into consideration the limitations of the authorization and other relevant market factors.

SEC. 4. DEFINITIONS.

    In this Act:

      (1) AGENCY- The term ‘agency’ means the Forest Service.

      (2) AUTHORIZATION- The term ‘authorization’ means a special use permit for the use and occupancy of National Forest System land by a cabin owner under the authority of the program.

      (3) BASE CABIN USER FEE- The term ‘base cabin user fee’ means the initial fee for an authorization that results from the appraisal of a lot in accordance with sections 6 and 7.

      (4) CABIN- The term ‘cabin’ means a privately built and owned structure authorized for use and occupancy on National Forest System land.

      (5) CABIN USER FEE- The term ‘cabin user fee’ means a special use fee paid annually by a cabin owner to the Secretary in accordance with this Act.

      (6) CABIN OWNER- The term ‘cabin owner’ means--

        (A) a person authorized by the agency to use and to occupy a cabin on National Forest System land; and

        (B) an heir or assign of such a person.

      (7) CARETAKER CABIN- The term ‘caretaker cabin’ means a caretaker residence occupied in limited cases in which caretaker services are necessary to maintain the security of a tract.

      (8) CENTER- The term ‘Center’ means the Federal Center for Dispute Resolution of the American Arbitration Association.

      (9) CURRENT CABIN USER FEE- The term ‘current cabin user fee’ means the most recent cabin user fee that results from an annual adjustment to the base cabin user fee in accordance with section 8.

      (10) LOT- The term ‘lot’ means a parcel of land of the National Forest System on which a cabin owner is authorized to build, use, occupy, and maintain a cabin and related improvements.

      (11) PROGRAM- The term ‘program’ means the recreation residence program established under the Act of March 4, 1915 (38 Stat. 1101, chapter 144).

      (12) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.

      (13) TRACT- The term ‘tract’ means an established location within a National Forest containing 1 or more cabins authorized in accordance with the program.

      (14) TRACT ASSOCIATION- The term ‘tract association’ means a cabin owner association in which all cabin owners within a tract are eligible for membership.

SEC. 5. ADMINISTRATION OF RECREATION RESIDENCE PROGRAM.

    (a) IN GENERAL- The Secretary shall ensure, to the maximum extent practicable, that the basis and procedure for calculating cabin user fees results in a reasonable and fair fee for an authorization that reflects the probable value of the use and occupancy of a lot to the cabin owner in accordance with subsection (b).

    (b) DETERMINATION OF VALUE- The value of the use and occupancy of a lot referred to in subsection (a)--

      (1) shall not be equivalent to a rental fee of the lot; and

      (2) shall reflect regional economic influences, as determined by an appraisal of the value of use of the National Forest in which the lot is located.

SEC. 6. APPRAISALS.

    (a) REQUIREMENTS FOR CONDUCTING APPRAISALS- In implementing and conducting an appraisal process for determining cabin user fees, the Secretary shall--

      (1) establish an appraisal process to determine the value of the fee simple estate of a typical lot or lots within a tract, with adjustments to reflect limitations arising from the authorization and special use permit;

      (2) enter into a contract with an appropriate professional organization for the development of specific appraisal guidelines in accordance with subsection (b), subject to public comment and congressional review;

      (3) require that an appraisal be performed by a State-certified general real estate appraiser, selected by the Secretary and licensed to practice in the State in which the lot is located;

      (4) provide the appraiser with--

        (A) appraisal guidelines developed in accordance with this Act; and

        (B) a copy of the special use permit associated with the typical lot to be appraised, with an instruction to the appraiser to consider any prohibitions or limitations contained in the authorization;

      (5) notwithstanding any other provision of law, require the appraiser to coordinate the assignment closely with affected parties by seeking advice, cooperation, and information from cabin owners and tract associations;

      (6) require that the appraiser perform the appraisal in compliance with--

        (A) the most current edition of the Uniform Standards of Professional Appraisal Practice on the date of the appraisal;

        (B) the most current edition of the Uniform Appraisal Standards for Federal Land Acquisitions on the date of the appraisal; and

        (C) the specific appraisal guidelines developed in accordance with this Act;

      (7) require that the appraisal report be a self-contained report (as defined by the Uniform Standards of Professional Appraisal Practice);

      (8) require that the appraisal report comply with the reporting guidelines established by the Uniform Appraisal Standards for Federal Land Acquisitions; and

      (9) before accepting any appraisal, conduct a review of the appraisal to ensure that the guidelines made available to the appraiser have been followed and that the appraised values are properly supported.

    (b) SPECIFIC APPRAISAL GUIDELINES- In the development of specific appraisal guidelines in accordance with paragraph (a)(2), the instructions to an appraiser shall require, at a minimum, the following:

      (1) APPRAISAL OF A TYPICAL LOT-

        (A) IN GENERAL- In conducting an appraisal under this paragraph, the appraiser shall appraise a typical lot or lots within a tract that are selected by the cabin owners and the agency in a manner consistent with the policy of the program.

        (B) APPRAISAL- In appraising a typical lot or lots within a tract, the appraiser shall--

          (i) consult with affected cabin owners; and

          (ii) appraise the typical lot or lots selected for purposes of comparison with other lots or groups of lots in the tract having similar value characteristics (rather than appraising each individual lot).

        (B) ESTIMATE OF MARKET VALUE OF TYPICAL LOT-

          (i) IN GENERAL- The appraiser shall estimate the market value of a typical lot as a parcel of undeveloped, raw land that has been made available for use and occupancy by the cabin owner on a seasonal or periodic basis.

          (ii) NO EQUIVALENCE TO LEGALLY SUBDIVIDED LOT- The appraiser shall not appraise the typical lot as being equivalent to a legally subdivided lot.

      (2) REQUIREMENT FOR ANALYSIS OF COMPARABLE SALES- The appraisal shall be based on a prioritized analysis of 1 or more categories of sales of comparable land as follows:

        (A) LARGER PARCELS- Sales of larger, privately-owned, and preferably unimproved parcels of rural land, generally similar in size to the tract being examined, shall be given the most weight in the analysis.

        (B) SMALLER PARCELS- Sales of smaller, privately-owned, and preferably unimproved parcels of rural land that are not part of an established subdivision shall be given secondary weight in the analysis.

        (C) MAPPED AND RECORDED PARCELS- Sales of privately-owned parcels in a mapped and recorded rural subdivision shall be given the least weight in the analysis.

      (3) EXCEPTION FOR CERTAIN SALES OF LAND- In conducting an analysis under paragraph (2), the appraiser shall select sales of comparable land that are outside the area of influence of--

        (A) land affected by urban growth boundaries;

        (B) land for which a government or institution holds a conservation or recreational easement; or

        (C) land designated for conservation or recreational purposes by Congress, a State, or a political subdivision of a State.

      (4) ADJUSTMENTS FOR TYPICAL VALUE INFLUENCES-

        (A) IN GENERAL- The appraiser shall consider and adjust the price of sales of comparable land for all typical value influences described in subparagraph (B).

        (B) VALUE INFLUENCES- The typical value influences referred to in subparagraph (A) include--

          (i) differences in the locations of the parcels;

          (ii) accessibility, including limitations on access attributable to--

            (I) weather;

            (II) the condition of roads or trails; or

            (III) other factors;

          (iii) the presence of marketable timber;

          (iv) limitations on, or the absence of, services such as law enforcement, fire control, road maintenance, or snow plowing;

          (v) the condition and regulatory compliance of any site improvements; and

          (vi) any other typical value influences described in standard appraisal literature.

      (5) ADJUSTMENTS FOR RESTRICTIONS ON USE- In evaluating the sale of a comparable fee simple parcel, an adjustment to the sale price of the parcel shall be made to reflect the influence of prohibitions or limitations on use or benefits imposed by the agency that affect the value of the subject cabin lot, including--

        (A) any prohibition against year-round use and occupancy or any other restriction that limits or reduces the type or amount of cabin use and occupancy;

        (B) any limitation on the right of the cabin owner to sell, lease, or rent the cabin without restrictions imposed by the Secretary;

        (C) any limitation on, or prohibition against, improvements to the lot, such as remodeling or enlargement of the cabin, construction of additional structures, landscaping, signs, fencing, clothes drying lines, mail boxes, swimming pools, or other recreational facilities; and

        (D) any limitation on, or prohibition against, use of the lot for placement of amenities such as playground equipment, domestic livestock, recreational vehicles, or boats.

      (6) ADJUSTMENTS TO SALES OF COMPARABLE PARCELS-

        (A) IN GENERAL-

          (i) UTILITIES PROVIDED BY AGENCY- Only utilities (such as water, sewer, electricity, or telephone) or access roads or trails that are clearly established as of the date of the appraisal as having been provided and maintained by the agency at a lot shall be included in the appraisal.

          (ii) FEATURES PROVIDED BY CABIN OWNER- All cabin facilities, decks, docks, patios, and other nonnatural features (including utilities or access)--

            (I) shall be presumed to have been provided by, or funded by, the cabin owner; and

            (II) shall be excluded from the appraisal by adjusting any comparable sales with the nonnatural features referred to in subparagraph (B)(ii).

          (iii) WITHDRAWAL OF UTILITY OR ACCESS BY AGENCY- If, during the term of an authorization, the agency makes a substantial and materially adverse change in the provision or maintenance of any utility or access, the cabin owner shall have the right to request and obtain a new determination of the base cabin user fee at the expense of the agency.

        (B) ADJUSTMENT FOR IMPROVEMENTS-

          (i) IN GENERAL- The appraiser shall consider and adjust the price of each sale of a comparable parcel for all nonnatural features referred to in subparagraph (A)(ii) that--

            (I) are present at, or add value to, the parcel; but

            (II) are not present at the lot being appraised or not included in the appraisal under subparagraph (A).

          (ii) ADJUSTMENTS- An adjustment to the price of a parcel sold under this subparagraph shall include allowances for matters such as--

            (I) depreciated current replacement costs of installing nonnatural features referred to in clause (i) at the typical lot being appraised, including an allowance for entrepreneurial profit and overhead;

            (II) likely construction difficulties for nonnatural features referred to in clause (i) at the lot being appraised; and

            (III) the deduction in price that would be taken in the market as a risk allowance if--

(aa) a parcel does not have adequate access or adequate sewer or water systems; and

(bb) there is a risk of failure or material cost overruns in attempting to provide the systems referred to in item (aa).

        (C) REAPPRAISAL FOR AND RECALCULATION OF BASE CABIN USER FEE- Periodically, but not less often than once every 10 years, the

Secretary shall recalculate the base cabin user fee (including conducting any reappraisal required to recalculate the base cabin user fee).

SEC. 7. CABIN USER FEES.

    (a) IN GENERAL- The Secretary shall establish the cabin user fee as the amount that is equal to 5 percent of the value of the lot, as determined in accordance with section 6, reflecting an adjustment to the market rate of return based solely on--

      (1) the limited term of the authorization;

      (2) the absence of significant property rights normally attached to fee simple ownership; and

      (3) the public right of access to, and use of, any open portion of the lot on which the cabin or other enclosed improvements are not located.

    (b) FEE FOR CARETAKER RESIDENCES- The base cabin user fee for a lot on which a caretaker residence is located shall not be greater than the base cabin user fee charged for the authorized use of a similar typical lot in the tract.

    (c) ANNUAL CABIN USER FEE IN THE EVENT OF DETERMINATION NOT TO REISSUE AUTHORIZATION- If the Secretary determines that an authorization should not be reissued at the end of a term, the Secretary shall--

      (1) establish as the new base cabin user fee for the remaining term of the authorization the amount charged as the cabin user fee in the year that was 10 years before the year in which the authorization expires; and

      (2) calculate the current cabin user fee for each of the remaining 9 years of the term of the authorization by multiplying--

        (i) 1/10 of the new base cabin user fee; by

        (ii) the number of years remaining in the term of the authorization after the year for which the cabin user fee is being calculated.

    (d) ANNUAL CABIN USER FEE IN EVENT OF CHANGED CONDITIONS- If a review of a decision to convert a lot to an alternative public use indicates that the continuation of the authorization for use and occupancy of the cabin by the cabin owner is warranted, and the decision is subsequently reversed, the Secretary may require the cabin owner to pay any portion of annual cabin user fees, as calculated in accordance with subsection (d), that were forgone as a result of the expectation of termination of use and occupancy of the cabin by the cabin owner.

    (e) TERMINATION OF FEE OBLIGATION IN LOSS RESULTING FROM ACTS OF GOD OR CATASTROPHIC EVENTS- On a determination by the agency that, due to an act of God or a catastrophic event, a lot cannot be safely occupied and that the authorization for the lot should accordingly be terminated, the fee obligation of the cabin owner shall terminate effective on the date of the occurrence of the act or event.

SEC. 8. ANNUAL ADJUSTMENT OF CABIN USER FEE.

    (a) IN GENERAL- The Secretary shall adjust the cabin user fee annually, using a rolling 5-year average of a published price index in accordance with subsection (b) or (c) that reports changes in rural or similar land values in the State, county, or market area in which the lot is located.

    (b) INITIAL INDEX-

      (1) IN GENERAL- For the period of 10 years beginning on the date of enactment of this Act, the Secretary shall use changes in agricultural land prices in the appropriate State or county, as reported in the Index of Agricultural Land Prices published by the Department of Agriculture, to determine the annual adjustment to the cabin user fee in accordance with subsections (a) and (d).

      (2) STATEWIDE CHANGES- In determining the annual adjustment to the cabin user fee for an authorization located in a county in which agricultural land prices are influenced by the factors described in section 6(b)(3), the Secretary shall use average statewide changes in the State in which the lot is located.

    (c) NEW INDEX-

      (1) IN GENERAL- Not later than 10 years after the date of enactment of this Act, the Secretary may select and use an index other than the index described in subsection (b)(2) to adjust a cabin user fee if the Secretary determines that a different index better reflects change in the value of a lot over time.

      (2) SELECTION PROCESS- Before selecting a new index, the Secretary shall--

        (A) solicit and consider comments from the public; and

        (B) not later than 60 days before the date on which the Secretary makes a final index selection, submit any proposed selection of a new index to--

          (i) the Committee on Resources of the House of Representatives; and

          (ii) the Committee on Energy and Natural Resources of the Senate.

    (d) LIMITATION- In calculating an annual adjustment to the base cabin user fee, the Secretary shall--

      (1) limit any annual fee adjustment to an amount that is not more than 5 percent per year when the change in agricultural land values exceeds 5 percent in any 1 year; and

      (2) apply the amount of any adjustment that exceeds 5 percent to the annual fee payment for the next year in which the change in the index factor is less than 5 percent.

SEC. 9. PAYMENT OF CABIN USER FEES.

    (a) DUE DATE FOR PAYMENT OF FEES- A cabin user fee shall be paid or prepaid annually by the cabin owner on a monthly, quarterly, annual, or other schedule, as determined by the Secretary.

    (b) PAYMENT OF EQUAL OR LESSER FEE- If, in accordance with section 7, the Secretary determines that the amount of a new base cabin user fee is equal to or less than the current base cabin user fee, the Secretary shall require payment of the new base cabin user fee by the cabin owner in accordance with subsection (a).

    (c) PAYMENT OF GREATER FEE- If, in accordance with section 7, the Secretary determines that the amount of a new base cabin user fee is greater than the current base cabin user fee, the Secretary shall--

      (1) require full payment of the new base cabin user fee in the first year following completion of the fee determination procedure if the increase in the amount of the new base cabin user fee is not more than 100 percent of the most recently paid cabin user fee; or

      (2) phase in the increase over the current cabin user fee in approximately equal increments over 3 years if the increase in the amount of the new base cabin user fee is greater than 100 percent of the most recently paid base cabin user fee.

    (d) REQUIREMENT FOR PAYMENT DURING ARBITRATION, APPEAL, OR JUDICIAL REVIEW- If arbitration, an appeal, or judicial review concerning a cabin user fee is brought in accordance with section 11 or 12, the Secretary shall--

      (1) suspend annual payment by the cabin owner of any increase in the cabin user fee, pending completion of the arbitration, appeal, or judicial review; and

      (2) make any adjustments, as necessary, that result from the findings of the arbitration, appeal, or judicial review by providing to the cabin owner--

        (A)(i) a credit toward future cabin user fee payments; or

        (ii) a refund for any overpayment of the cabin user fee; and

        (B) a supplemental billing for any additional amount of the cabin user fee that is due.

SEC. 10. RIGHT OF SECOND APPRAISAL.

    (a) RIGHT OF SECOND APPRAISAL- On receipt of notice from the Secretary of the determination of a new base cabin user fee, the cabin owner--

      (1) not later than 60 days after the date on which the notice is received, shall notify the Secretary of the intent of the cabin owner to obtain a second appraisal; and

      (2) may obtain, within 1 year following the date of receipt of the notice under this subsection, at the expense of the cabin owner, a second appraisal of the typical lot on which the initial appraisal was conducted.

    (b) CONDUCT OF SECOND APPRAISAL- In conducting a second appraisal, the appraiser selected by the cabin owner shall--

      (1) consider all relevant factors in accordance with this Act (including guidelines developed under section 6(a)(2)); and

      (2) notify the Secretary of any material differences of fact or opinion between the initial appraisal conducted by the agency and the second appraisal.

    (c) REQUEST FOR RECONSIDERATION OF BASE CABIN USER FEE- A cabin owner shall submit to the Secretary any request for reconsideration of the base cabin user fee, based on the results of the second appraisal, not later than 60 days after the receipt of the report for a second appraisal.

    (d) RECONSIDERATION OF BASE CABIN USER FEE- On receipt of a request from the cabin owner under subsection (c) for reconsideration of a base cabin user fee, not later than 60 days after the date of receipt of the request, the Secretary shall--

      (1) review the initial appraisal of the agency;

      (2) review the results and commentary from the second appraisal;

      (3) determine a new base cabin user fee in an amount that is--

        (A) equal to the fee determined by the initial or the second appraisal; or

        (B) within the range of values, if any, between the initial and second appraisals; and

      (4) notify the cabin owner of the amount of the new base cabin fee.

SEC. 11. RIGHT OF ARBITRATION.

    (a) IN GENERAL-

      (1) REQUEST FOR ARBITRATION- Not later than 30 days after the receipt of notice of a new base cabin fee under section 10(d)(4), the tract association may request arbitration if a cabin owner in the tract and the Secretary are unable to reach agreement on the amount of the base cabin user fee determined in accordance with section 10.

      (2) IDENTIFICATION OF THIRD-PARTY NEUTRALS- If arbitration is requested under paragraph (1), the Secretary shall promptly request the Center to develop a list of the names of not fewer than 20 appraisers and 10 attorneys who possess appropriate training and experience in valuations of land and interest in land to serve as qualified third-party neutrals.

    (b) ARBITRATION- Not later than 30 days after the receipt of a request from the tract association for arbitration, the Secretary shall--

      (1) notify the Center of the request; and

      (2) request the Center to provide to the Secretary and the tract association, within 15 days--

        (A) instructions related to arbitration procedures; and

        (B) the list of qualified third-party neutrals described in subsection (a)(2).

    (c) ARBITRATION PANEL-

      (1) IN GENERAL- Not later than 15 days after the receipt of the list described in subsection (a)(2), the Secretary and the tract association may each recommend the names of 2 appraisers and 1 attorney from the list for consideration in the selection of an arbitration panel by the Center.

      (2) AVAILABILITY OF LIST- The Secretary and the tract association shall disclose to each other the names of third-party neutrals recommended under paragraph (1).

      (3) OPTION TO ELIMINATE RECOMMENDED NEUTRALS- The Secretary and the tract association may each peremptorily eliminate from consideration for the arbitration panel 1 third-party neutral recommended under paragraph (1).

      (4) SELECTION BY CENTER- From the third-party neutrals recommended to the Center under paragraph (1) that are not eliminated from consideration under paragraph (3), the Center shall select and retain an arbitration panel consisting of 2 appraisers and 1 attorney.

      (5) NOTIFICATION OF ESTABLISHMENT- Not later than 5 days after the selection of members of the arbitration panel, the Center shall notify the Secretary and the tract association of the establishment of the arbitration panel.

    (d) ARBITRATION PROCEDURE-

      (1) SUBMISSION OF INFORMATION- Not later than 30 days after notification by the Center of the establishment of the arbitration panel under subsection (c)(3), each party shall submit to the arbitration panel--

        (A) the appraisal report of each party, including comments, if any, of material differences of fact or opinion related to the initial appraisal or the second appraisal;

        (B) a copy of the authorization associated with any typical lot that was subject to appraisal;

        (C) a copy of this Act; and

        (D) a copy of appraisal guidelines developed in accordance with section 6(a)(2).

      (2) HEARING OR FIELD INSPECTION- On agreement of both parties, the arbitration may be conducted without a hearing or a field inspection.

      (3) SCHEDULE FOR DECISION-

        (A) IN GENERAL- Except as provided in subparagraph (B), not later than 60 days after the receipt of all materials described in paragraph (1), the arbitration panel shall prepare and forward to the Secretary a written advisory decision on the appropriate amount of the base cabin user fee.

        (B) EXTENSION- If the arbitration panel or the parties to the arbitration determine that a hearing or field inspection is necessary, the date for submission of the advisory decision under subparagraph (A) shall be extended for--

          (i) not more than 30 days; or

          (ii) in the case of difficult or hazardous road or weather conditions, such an additional period of time as is necessary to complete the inspection.

      (4) DETERMINATION OF RECOMMENDED BASE CABIN USER FEE- The base cabin user fee recommended by the arbitration panel shall fall within the range of values, if any, between the initial and second appraisals submitted to the arbitration panel by the parties.

    (e) ADOPTION OF RECOMMENDED BASE CABIN USER FEE-

      (1) IN GENERAL- Not later than 45 days after the receipt of the recommendation by the arbitration panel, the Secretary shall make a determination to

adopt or reject the recommended base cabin user fee.

      (2) NOTICE TO TRACT ASSOCIATION- Not later than 15 days after making the determination under paragraph (1), the Secretary shall provide notice of the determination to the tract association.

    (f) NO ADMISSION OF FACT OR RECOMMENDATION- Neither the fact that arbitration in accordance with this section has occurred, nor the recommendation of the arbitration panel, shall be admissible in any court or administrative proceeding.

    (g) COSTS OF ARBITRATION-

      (1) FEES-

        (A) IN GENERAL- In addition to amounts collected under paragraph (2), the Center may charge a reasonable fee to each party to an arbitration under this Act for the provision of arbitration services.

        (B) TRANSFER- Fees collected under this paragraph shall be transferred to the Secretary for use in the administration of the program without further Act of appropriation.

      (2) COST SHARING- The agency and the tract association shall each pay 50 percent of the costs incurred by the Center in establishing and administering an arbitration in accordance with this section, unless the arbitration panel recommends that either the agency or the tract association bear the entire cost of establishing and administering the arbitration.

    (h) FUNDING-

      (1) AUTHORIZATION OF APPROPRIATIONS FOR INITIAL COSTS- There is authorized to be appropriated to the agency for the initial costs of establishing and administering the program not to exceed $15,000.

      (2) ARBITRATION FEES- Any amounts exceeding the amount authorized by paragraph (1) that are required for the administration of the program shall be derived from arbitration fees charged under subsection (g)(1).

SEC. 12. RIGHT OF APPEAL AND JUDICIAL REVIEW.

    (a) RIGHTS OF APPEAL- Notwithstanding any action of a cabin owner to exercise rights in accordance with section 10 or 11, the Secretary shall by regulation grant the cabin owner the right to an administrative appeal of the determination of a new base cabin user fee.

    (b) JUDICIAL REVIEW- A cabin owner that is adversely affected by a final decision of the Secretary under this Act may commence a civil action in United States district court.

SEC. 13. CONSISTENCY WITH OTHER LAW AND RIGHTS.

    (a) CONSISTENCY WITH RIGHTS OF THE UNITED STATES- Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource.

    (b) SPECIAL RULE FOR ALASKA- In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin fee or a condition affecting a cabin fee that is inconsistent with the requirements under section 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)).

SEC. 14. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations to implement this Act.

SEC. 15. TRANSITION PROVISIONS.

    (a) IN GENERAL- On enactment of this Act, the Secretary shall--

      (1) suspend appraisal activities related to existing authorizations until new rules, policies, and procedures are promulgated in accordance with this Act; and

      (2) temporarily charge an annual cabin user fee for each lot that is--

        (A) an amount equal to the cabin user fee for the lot that was in effect on September 30, 1995, adjusted by application of the Implicit Price Deflator--Gross National Product Index, if no appraisal of the lot on which the cabin is located was completed after that date and before the date of enactment of this Act;

        (B) an amount that is not more than 100 percent greater than the cabin user fee in effect on September 30, 1995, adjusted by application of the Implicit Price Deflator--Gross National Product Index prior to reappraisal, if an appraisal conducted after that date but before the date of enactment of this Act resulted in the increase; or

        (C) the cabin user fee in effect on the date of enactment of this Act, if an appraisal conducted after September 30, 1995, including adjustments resulting from application of the Implicit Price Deflator--Gross National Product Index before the date of enactment of this Act, resulted a base cabin user fee that is not greater than the fee in effect before the appraisal.

    (b) CONDUCT OF APPRAISALS UNDER NEW LAW- On publication of new rules, policies, and procedures under this Act, the Secretary shall carry out any appraisals of lots and determinations of fees that were not completed between September 30, 1995, and the date of enactment of this Act.

    (c) REQUEST FOR NEW APPRAISAL UNDER NEW LAW- Not later than 2 years after the promulgation of final regulations and policies and the development of appraisal guidelines in accordance with section 6(a)(2), a cabin owner whose base cabin user fee was adjusted subject to an appraisal completed after September 30, 1995, but before the date of enactment of this Act, may request that the Secretary conduct a new appraisal and determine a new fee in accordance with this Act.

    (d) CONDUCT OF NEW APPRAISAL- On receiving a request under subsection (c), the Secretary shall conduct, and bear all costs incurred in conducting, a new appraisal and fee determination in accordance with this Act.

    (e) ASSUMPTION OF NEW BASE CABIN USER FEE- In the absence of a request under subsection (c) for a new appraisal and fee determination from a cabin owner whose cabin user fee was determined as a result of an appraisal conducted after September 30, 1995, but before the date of enactment of this Act, the Secretary may consider the base cabin user fee resulting from the appraisal conducted between September 30, 1995, and the date of enactment of this Act to be the base cabin user fee that complies with the transition provisions of this Act.

    (f) TRANSITIONAL CABIN USER FEE OBLIGATION-

      (1) IN GENERAL- In determining the liability of the cabin owner for payment of fees for the period of time between the date of enactment of this Act and the determination of a base cabin user fee in accordance with this Act, the Secretary shall--

        (A) require the cabin owner to remit any balance owed for any underpayment of an annual cabin user fee; or

        (B) if an overpayment of a cabin user fee has occurred, credit the cabin owner, or an heir or assign of the cabin owner, toward future cabin user fee obligations.

      (2) BILLING- The agency shall bill a cabin owner for amounts determined to be owed under paragraph (1)(A) in approximately equal increments over 3 years.