[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1938 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1938

 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 SENATE OF THE UNITED STATES

                           November 17, 1999

     Mr. Craig (for himself, Mr. Thomas, Mr. Crapo, and Mr. Burns) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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 ``Cabin User Fee Fairness 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.
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