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★(Star Print)

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Cabin User Fee Fair5 ness Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the recreation residence program is—
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1 (A) a valid use of forest land and 1 of the

2 multiple uses of the National Forest System;

3 and

4 (B) an important component of the recre5 ation program of the Forest Service;

6 (2) cabins located on forest land have provided

7 a unique recreation experience to a large number of

8 cabin owners, their families, and guests each year

9 since Congress authorized the recreation residence

10 program in 1915;

11 (3) tract associations, cabin owners, their ex12 tended families, guests, and others that regularly

13 use and enjoy forest cabin tracts have contributed

14 significantly toward efficient management of the

15 program and the stewardship of forest land;

16 (4) cabin user fees have traditionally generated

17 income to the Federal Government in amounts sig18 nificantly greater than the Federal cost of admin19 istering the program;

20 (5) the rights and privileges granted to owners

21 of cabins authorized under the program have stead22 ily diminished while regulatory restrictions and fees

23 charged under the program have steadily increased;

24 and
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1 (6) the current fee determination procedure has

2 been shown to incorrectly reflect market value and

3 value of use.

4 SEC. 3. PURPOSES.

5 The purposes of this Act are—

6 (1) to ensure, to the maximum extent prac7 ticable, that the National Forest System recreation

8 residence program is managed to preserve the oppor9 tunity for individual and family-oriented recreation

10 at a reasonable cost; and

11 (2) to develop and implement a more efficient,

12 cost-effective procedure for determining cabin user

13 fees that better reflects the probable value of that

14 use by the cabin owner, taking into consideration the

15 limitations of the authorization and other relevant

16 market factors.

17 SEC. 4. DEFINITIONS.

18 In this Act:

19 (1) AGENCY.—The term ‘‘agency’’ means the

20 Forest Service.

21 (2) AUTHORIZATION.—The term ‘‘authoriza22 tion’’ means a special use permit for the use and oc23 cupancy of National Forest System land by a cabin

24 owner under the authority of the program.
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1 (3) BASE CABIN USER FEE.—The term ‘‘base

2 cabin user fee’’ means the initial fee for an author3 ization that results from the appraisal of a lot in ac4 cordance with sections 6 and 7.

5 (4) CABIN.—The term ‘‘cabin’’ means a pri6 vately built and owned structure authorized for use

7 and occupancy on National Forest System land.

8 (5) CABIN USER FEE.—The term ‘‘cabin user

9 fee’’ means a special use fee paid annually by a

10 cabin owner to the Secretary in accordance with this

11 Act.

12 (6) CABIN OWNER.—The term ‘‘cabin owner’’

13 means—

14 (A) a person authorized by the agency to

15 use and to occupy a cabin on National Forest

16 System land; and

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

18 (7) CARETAKER CABIN.—The term ‘‘caretaker

19 cabin’’ means a caretaker residence occupied in lim20 ited cases in which caretaker services are necessary

21 to maintain the security of a tract.

22 (8) CENTER.—The term ‘‘Center’’ means the

23 Federal Center for Dispute Resolution of the Amer24 ican Arbitration Association.
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1 (9) CURRENT CABIN USER FEE.—The term

2 ‘‘current cabin user fee’’ means the most recent

3 cabin user fee that results from an annual adjust4 ment to the base cabin user fee in accordance with

5 section 8.

6 (10) LOT.—The term ‘‘lot’’ means a parcel of

7 land of the National Forest System on which a cabin

8 owner is authorized to build, use, occupy, and main9 tain a cabin and related improvements.

10 (11) PROGRAM.—The term ‘‘program’’ means

11 the recreation residence program established under

12 the Act of March 4, 1915 (38 Stat. 1101, chapter

13 144).

14 (12) SECRETARY.—The term ‘‘Secretary’’

15 means the Secretary of Agriculture, acting through

16 the Chief of the Forest Service.

17 (13) TRACT.—The term ‘‘tract’’ means an es18 tablished location within a National Forest con19 taining 1 or more cabins authorized in accordance

20 with the program.

21 (14) TRACT ASSOCIATION.—The term ‘‘tract as22 sociation’’ means a cabin owner association in which

23 all cabin owners within a tract are eligible for mem24 bership.
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1 SEC. 5. ADMINISTRATION OF RECREATION RESIDENCE

2 PROGRAM.

3 (a) IN GENERAL.—The Secretary shall ensure, to the

4 maximum extent practicable, that the basis and procedure

5 for calculating cabin user fees results in a reasonable and

6 fair fee for an authorization that reflects the probable

7 value of the use and occupancy of a lot to the cabin owner

8 in accordance with subsection (b).

9 (b) DETERMINATION OF VALUE.—The value of the

10 use and occupancy of a lot referred to in subsection (a)—

11 (1) shall not be equivalent to a rental fee of the

12 lot; and

13 (2) shall reflect regional economic influences, as

14 determined by an appraisal of the value of use of the

15 National Forest in which the lot is located.

16 SEC. 6. APPRAISALS.

17 (a) REQUIREMENTS FOR CONDUCTING APPRAIS18 ALS.—In implementing and conducting an appraisal proc19 ess for determining cabin user fees, the Secretary shall—

20 (1) establish an appraisal process to determine

21 the value of the fee simple estate of a typical lot or

22 lots within a tract, with adjustments to reflect limi23 tations arising from the authorization and special

24 use permit;

25 (2) enter into a contract with an appropriate

26 professional organization for the development of spe-
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1 cific appraisal guidelines in accordance with sub2 section (b), subject to public comment and congres3 sional review;

4 (3) require that an appraisal be performed by

5 a State-certified general real estate appraiser, se6 lected by the Secretary and licensed to practice in

7 the State in which the lot is located;

8 (4) provide the appraiser with—

9 (A) appraisal guidelines developed in ac10 cordance with this Act; and

11 (B) a copy of the special use permit associ12 ated with the typical lot to be appraised, with

13 an instruction to the appraiser to consider any

14 prohibitions or limitations contained in the au15 thorization;

16 (5) notwithstanding any other provision of law,

17 require the appraiser to coordinate the assignment

18 closely with affected parties by seeking advice, co19 operation, and information from cabin owners and

20 tract associations;

21 (6) require that the appraiser perform the ap22 praisal in compliance with—

23 (A) the most current edition of the Uni24 form Standards of Professional Appraisal Prac25 tice on the date of the appraisal;
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1 (B) the most current edition of the Uni2 form Appraisal Standards for Federal Land Ac3 quisitions on the date of the appraisal; and

4 (C) the specific appraisal guidelines devel5 oped in accordance with this Act;

6 (7) require that the appraisal report be a self7 contained report (as defined by the Uniform Stand8 ards of Professional Appraisal Practice);

9 (8) require that the appraisal report comply

10 with the reporting guidelines established by the Uni11 form Appraisal Standards for Federal Land Acquisi12 tions; and

13 (9) before accepting any appraisal, conduct a

14 review of the appraisal to ensure that the guidelines

15 made available to the appraiser have been followed

16 and that the appraised values are properly sup17 ported.

18 (b) SPECIFIC APPRAISAL GUIDELINES.—In the devel19 opment of specific appraisal guidelines in accordance with

20 paragraph (a)(2), the instructions to an appraiser shall

21 require, at a minimum, the following:

22 (1) APPRAISAL OF A TYPICAL LOT.—

23 (A) IN GENERAL.—In conducting an ap24 praisal under this paragraph, the appraiser

25 shall appraise a typical lot or lots within a tract
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1 that are selected by the cabin owners and the

2 agency in a manner consistent with the policy

3 of the program.

4 (B) APPRAISAL.—In appraising a typical

5 lot or lots within a tract, the appraiser shall—

6 (i) consult with affected cabin owners;

7 and

8 (ii) appraise the typical lot or lots se9 lected for purposes of comparison with

10 other lots or groups of lots in the tract

11 having similar value characteristics (rather

12 than appraising each individual lot).

13 (B) ESTIMATE OF MARKET VALUE OF TYP14 ICAL LOT.—

15 (i) IN GENERAL.—The appraiser shall

16 estimate the market value of a typical lot

17 as a parcel of undeveloped, raw land that

18 has been made available for use and occu19 pancy by the cabin owner on a seasonal or

20 periodic basis.

21 (ii) NO EQUIVALENCE TO LEGALLY

22 SUBDIVIDED LOT.—The appraiser shall not

23 appraise the typical lot as being equivalent

24 to a legally subdivided lot.
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1 (2) REQUIREMENT FOR ANALYSIS OF COM2 PARABLE SALES.—The appraisal shall be based on a

3 prioritized analysis of 1 or more categories of sales

4 of comparable land as follows:

5 (A) LARGER PARCELS.—Sales of larger,

6 privately-owned, and preferably unimproved

7 parcels of rural land, generally similar in size to

8 the tract being examined, shall be given the

9 most weight in the analysis.

10 (B) SMALLER PARCELS.—Sales of smaller,

11 privately-owned, and preferably unimproved

12 parcels of rural land that are not part of an es13 tablished subdivision shall be given secondary

14 weight in the analysis.

15 (C) MAPPED AND RECORDED PARCELS.—

16 Sales of privately-owned parcels in a mapped

17 and recorded rural subdivision shall be given

18 the least weight in the analysis.

19 (3) EXCEPTION FOR CERTAIN SALES OF

20 LAND.—In conducting an analysis under paragraph

21 (2), the appraiser shall select sales of comparable

22 land that are outside the area of influence of—

23 (A) land affected by urban growth bound24 aries;
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1 (B) land for which a government or insti2 tution holds a conservation or recreational ease3 ment; or

4 (C) land designated for conservation or

5 recreational purposes by Congress, a State, or

6 a political subdivision of a State.

7 (4) ADJUSTMENTS FOR TYPICAL VALUE INFLU8 ENCES.—

9 (A) IN GENERAL.—The appraiser shall

10 consider and adjust the price of sales of com11 parable land for all typical value influences de12 scribed in subparagraph (B).

13 (B) VALUE INFLUENCES.—The typical

14 value influences referred to in subparagraph

15 (A) include—

16 (i) differences in the locations of the

17 parcels;

18 (ii) accessibility, including limitations

19 on access attributable to—

20 (I) weather;

21 (II) the condition of roads or

22 trails; or

23 (III) other factors;

24 (iii) the presence of marketable tim25 ber;
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1 (iv) limitations on, or the absence of,

2 services such as law enforcement, fire con3 trol, road maintenance, or snow plowing;

4 (v) the condition and regulatory com5 pliance of any site improvements; and

6 (vi) any other typical value influences

7 described in standard appraisal literature.

8 (5) ADJUSTMENTS FOR RESTRICTIONS ON

9 USE.—In evaluating the sale of a comparable fee

10 simple parcel, an adjustment to the sale price of the

11 parcel shall be made to reflect the influence of prohi12 bitions or limitations on use or benefits imposed by

13 the agency that affect the value of the subject cabin

14 lot, including—

15 (A) any prohibition against year-round use

16 and occupancy or any other restriction that lim17 its or reduces the type or amount of cabin use

18 and occupancy;

19 (B) any limitation on the right of the cabin

20 owner to sell, lease, or rent the cabin without

21 restrictions imposed by the Secretary;

22 (C) any limitation on, or prohibition

23 against, improvements to the lot, such as re24 modeling or enlargement of the cabin, construc25 tion of additional structures, landscaping, signs,
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1 fencing, clothes drying lines, mail boxes, swim2 ming pools, or other recreational facilities; and

3 (D) any limitation on, or prohibition

4 against, use of the lot for placement of amen5 ities such as playground equipment, domestic

6 livestock, recreational vehicles, or boats.

7 (6) ADJUSTMENTS TO SALES OF COMPARABLE

8 PARCELS.—

9 (A) IN GENERAL.—

10 (i) UTILITIES PROVIDED BY AGEN11 CY.—Only utilities (such as water, sewer,

12 electricity, or telephone) or access roads or

13 trails that are clearly established as of the

14 date of the appraisal as having been pro15 vided and maintained by the agency at a

16 lot shall be included in the appraisal.

17 (ii) FEATURES PROVIDED BY CABIN

18 OWNER.—All cabin facilities, decks, docks,

19 patios, and other nonnatural features (in20 cluding utilities or access)—

21 (I) shall be presumed to have

22 been provided by, or funded by, the

23 cabin owner; and

24 (II) shall be excluded from the

25 appraisal by adjusting any comparable
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1 sales with the nonnatural features re2 ferred to in subparagraph (B)(ii).

3 (iii) WITHDRAWAL OF UTILITY OR AC4 CESS BY AGENCY.—If, during the term of

5 an authorization, the agency makes a sub6 stantial and materially adverse change in

7 the provision or maintenance of any utility

8 or access, the cabin owner shall have the

9 right to request and obtain a new deter10 mination of the base cabin user fee at the

11 expense of the agency.

12 (B) ADJUSTMENT FOR IMPROVEMENTS.—

13 (i) IN GENERAL.—The appraiser shall

14 consider and adjust the price of each sale

15 of a comparable parcel for all nonnatural

16 features referred to in subparagraph

17 (A)(ii) that—

18 (I) are present at, or add value

19 to, the parcel; but

20 (II) are not present at the lot

21 being appraised or not included in the

22 appraisal under subparagraph (A).

23 (ii) ADJUSTMENTS.—An adjustment

24 to the price of a parcel sold under this sub-
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1 paragraph shall include allowances for

2 matters such as—

3 (I) depreciated current replace4 ment costs of installing nonnatural

5 features referred to in clause (i) at

6 the typical lot being appraised, includ7 ing an allowance for entrepreneurial

8 profit and overhead;

9 (II) likely construction difficulties

10 for nonnatural features referred to in

11 clause (i) at the lot being appraised;

12 and

13 (III) the deduction in price that

14 would be taken in the market as a

15 risk allowance if—

16 (aa) a parcel does not have

17 adequate access or adequate

18 sewer or water systems; and

19 (bb) there is a risk of failure

20 or material cost overruns in at21 tempting to provide the systems

22 referred to in item (aa).

23 (C) REAPPRAISAL FOR AND RECALCULA24 TION OF BASE CABIN USER FEE.—Periodically,

25 but not less often than once every 10 years, the
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1 Secretary shall recalculate the base cabin user

2 fee (including conducting any reappraisal re3 quired to recalculate the base cabin user fee).

4 SEC. 7. CABIN USER FEES.

5 (a) IN GENERAL.—The Secretary shall establish the

6 cabin user fee as the amount that is equal to 5 percent

7 of the value of the lot, as determined in accordance with

8 section 6, reflecting an adjustment to the market rate of

9 return based solely on—

10 (1) the limited term of the authorization;

11 (2) the absence of significant property rights

12 normally attached to fee simple ownership; and

13 (3) the public right of access to, and use of, any

14 open portion of the lot on which the cabin or other

15 enclosed improvements are not located.

16 (b) FEE FOR CARETAKER RESIDENCES.—The base

17 cabin user fee for a lot on which a caretaker residence

18 is located shall not be greater than the base cabin user

19 fee charged for the authorized use of a similar typical lot

20 in the tract.

21 (c) ANNUAL CABIN USER FEE IN THE EVENT OF

22 DETERMINATION NOT TO REISSUE AUTHORIZATION.—If

23 the Secretary determines that an authorization should not

24 be reissued at the end of a term, the Secretary shall—
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1 (1) establish as the new base cabin user fee for

2 the remaining term of the authorization the amount

3 charged as the cabin user fee in the year that was

4 10 years before the year in which the authorization

5 expires; and

6 (2) calculate the current cabin user fee for each

7 of the remaining 9 years of the term of the author8 ization by multiplying—

(i) 1 9 ⁄10 of the new base cabin user fee; by

10 (ii) the number of years remaining in the

11 term of the authorization after the year for

12 which the cabin user fee is being calculated.

13 (d) ANNUAL CABIN USER FEE IN EVENT OF

14 CHANGED CONDITIONS.—If a review of a decision to con15 vert a lot to an alternative public use indicates that the

16 continuation of the authorization for use and occupancy

17 of the cabin by the cabin owner is warranted, and the deci18 sion is subsequently reversed, the Secretary may require

19 the cabin owner to pay any portion of annual cabin user

20 fees, as calculated in accordance with subsection (d), that

21 were forgone as a result of the expectation of termination

22 of use and occupancy of the cabin by the cabin owner.

23 (e) TERMINATION OF FEE OBLIGATION IN LOSS RE24 SULTING FROM ACTS OF GOD OR CATASTROPHIC

25 EVENTS.—On a determination by the agency that, due to
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1 an act of God or a catastrophic event, a lot cannot be

2 safely occupied and that the authorization for the lot

3 should accordingly be terminated, the fee obligation of the

4 cabin owner shall terminate effective on the date of the

5 occurrence of the act or event.

6 SEC. 8. ANNUAL ADJUSTMENT OF CABIN USER FEE.

7 (a) IN GENERAL.—The Secretary shall adjust the

8 cabin user fee annually, using a rolling 5-year average of

9 a published price index in accordance with subsection (b)

10 or (c) that reports changes in rural or similar land values

11 in the State, county, or market area in which the lot is

12 located.

13 (b) INITIAL INDEX.—

14 (1) IN GENERAL.—For the period of 10 years

15 beginning on the date of enactment of this Act, the

16 Secretary shall use changes in agricultural land

17 prices in the appropriate State or county, as re18 ported in the Index of Agricultural Land Prices pub19 lished by the Department of Agriculture, to deter20 mine the annual adjustment to the cabin user fee in

21 accordance with subsections (a) and (d).

22 (2) STATEWIDE CHANGES.—In determining the

23 annual adjustment to the cabin user fee for an au24 thorization located in a county in which agricultural

25 land prices are influenced by the factors described in
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1 section 6(b)(3), the Secretary shall use average

2 statewide changes in the State in which the lot is lo3 cated.

4 (c) NEW INDEX.—

5 (1) IN GENERAL.—Not later than 10 years

6 after the date of enactment of this Act, the Sec7 retary may select and use an index other than the

8 index described in subsection (b)(2) to adjust a

9 cabin user fee if the Secretary determines that a dif10 ferent index better reflects change in the value of a

11 lot over time.

12 (2) SELECTION PROCESS.—Before selecting a

13 new index, the Secretary shall—

14 (A) solicit and consider comments from the

15 public; and

16 (B) not later than 60 days before the date

17 on which the Secretary makes a final index se18 lection, submit any proposed selection of a new

19 index to—

20 (i) the Committee on Resources of the

21 House of Representatives; and

22 (ii) the Committee on Energy and

23 Natural Resources of the Senate.

24 (d) LIMITATION.—In calculating an annual adjust25 ment to the base cabin user fee, the Secretary shall—
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1 (1) limit any annual fee adjustment to an

2 amount that is not more than 5 percent per year

3 when the change in agricultural land values exceeds

4 5 percent in any 1 year; and

5 (2) apply the amount of any adjustment that

6 exceeds 5 percent to the annual fee payment for the

7 next year in which the change in the index factor is

8 less than 5 percent.

9 SEC. 9. PAYMENT OF CABIN USER FEES.

10 (a) DUE DATE FOR PAYMENT OF FEES.—A cabin

11 user fee shall be paid or prepaid annually by the cabin

12 owner on a monthly, quarterly, annual, or other schedule,

13 as determined by the Secretary.

14 (b) PAYMENT OF EQUAL OR LESSER FEE.—If, in ac15 cordance with section 7, the Secretary determines that the

16 amount of a new base cabin user fee is equal to or less

17 than the current base cabin user fee, the Secretary shall

18 require payment of the new base cabin user fee by the

19 cabin owner in accordance with subsection (a).

20 (c) PAYMENT OF GREATER FEE.—If, in accordance

21 with section 7, the Secretary determines that the amount

22 of a new base cabin user fee is greater than the current

23 base cabin user fee, the Secretary shall—

24 (1) require full payment of the new base cabin

25 user fee in the first year following completion of the
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1 fee determination procedure if the increase in the

2 amount of the new base cabin user fee is not more

3 than 100 percent of the most recently paid cabin

4 user fee; or

5 (2) phase in the increase over the current cabin

6 user fee in approximately equal increments over 3

7 years if the increase in the amount of the new base

8 cabin user fee is greater than 100 percent of the

9 most recently paid base cabin user fee.

10 (d) REQUIREMENT FOR PAYMENT DURING ARBITRA11 TION, APPEAL, OR JUDICIAL REVIEW.—If arbitration, an

12 appeal, or judicial review concerning a cabin user fee is

13 brought in accordance with section 11 or 12, the Secretary

14 shall—

15 (1) suspend annual payment by the cabin owner

16 of any increase in the cabin user fee, pending com17 pletion of the arbitration, appeal, or judicial review;

18 and

19 (2) make any adjustments, as necessary, that

20 result from the findings of the arbitration, appeal, or

21 judicial review by providing to the cabin owner—

22 (A)(i) a credit toward future cabin user fee

23 payments; or

24 (ii) a refund for any overpayment of the

25 cabin user fee; and
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1 (B) a supplemental billing for any addi2 tional amount of the cabin user fee that is due.

3 SEC. 10. RIGHT OF SECOND APPRAISAL.

4 (a) RIGHT OF SECOND APPRAISAL.—On receipt of

5 notice from the Secretary of the determination of a new

6 base cabin user fee, the cabin owner—

7 (1) not later than 60 days after the date on

8 which the notice is received, shall notify the Sec9 retary of the intent of the cabin owner to obtain a

10 second appraisal; and

11 (2) may obtain, within 1 year following the date

12 of receipt of the notice under this subsection, at the

13 expense of the cabin owner, a second appraisal of

14 the typical lot on which the initial appraisal was con15 ducted.

16 (b) CONDUCT OF SECOND APPRAISAL.—In con17 ducting a second appraisal, the appraiser selected by the

18 cabin owner shall—

19 (1) consider all relevant factors in accordance

20 with this Act (including guidelines developed under

21 section 6(a)(2)); and

22 (2) notify the Secretary of any material dif23 ferences of fact or opinion between the initial ap24 praisal conducted by the agency and the second ap25 praisal.
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1 (c) REQUEST FOR RECONSIDERATION OF BASE

2 CABIN USER FEE.—A cabin owner shall submit to the

3 Secretary any request for reconsideration of the base cabin

4 user fee, based on the results of the second appraisal, not

5 later than 60 days after the receipt of the report for a

6 second appraisal.

7 (d) RECONSIDERATION OF BASE CABIN USER

8 FEE.—On receipt of a request from the cabin owner under

9 subsection (c) for reconsideration of a base cabin user fee,

10 not later than 60 days after the date of receipt of the re11 quest, the Secretary shall—

12 (1) review the initial appraisal of the agency;

13 (2) review the results and commentary from the

14 second appraisal;

15 (3) determine a new base cabin user fee in an

16 amount that is—

17 (A) equal to the fee determined by the ini18 tial or the second appraisal; or

19 (B) within the range of values, if any, be20 tween the initial and second appraisals; and

21 (4) notify the cabin owner of the amount of the

22 new base cabin fee.

23 SEC. 11. RIGHT OF ARBITRATION.

24 (a) IN GENERAL.—
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1 (1) REQUEST FOR ARBITRATION.—Not later

2 than 30 days after the receipt of notice of a new

3 base cabin fee under section 10(d)(4), the tract asso4 ciation may request arbitration if a cabin owner in

5 the tract and the Secretary are unable to reach

6 agreement on the amount of the base cabin user fee

7 determined in accordance with section 10.

8 (2) IDENTIFICATION OF THIRD-PARTY

9 NEUTRALS.—If arbitration is requested under para10 graph (1), the Secretary shall promptly request the

11 Center to develop a list of the names of not fewer

12 than 20 appraisers and 10 attorneys who possess

13 appropriate training and experience in valuations of

14 land and interest in land to serve as qualified third15 party neutrals.

16 (b) ARBITRATION.—Not later than 30 days after the

17 receipt of a request from the tract association for arbitra18 tion, the Secretary shall—

19 (1) notify the Center of the request; and

20 (2) request the Center to provide to the Sec21 retary and the tract association, within 15 days—

22 (A) instructions related to arbitration pro23 cedures; and

24 (B) the list of qualified third-party

25 neutrals described in subsection (a)(2).
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1 (c) ARBITRATION PANEL.—

2 (1) IN GENERAL.—Not later than 15 days after

3 the receipt of the list described in subsection (a)(2),

4 the Secretary and the tract association may each

5 recommend the names of 2 appraisers and 1 attor6 ney from the list for consideration in the selection

7 of an arbitration panel by the Center.

8 (2) AVAILABILITY OF LIST.—The Secretary and

9 the tract association shall disclose to each other the

10 names of third-party neutrals recommended under

11 paragraph (1).

12 (3) OPTION TO ELIMINATE RECOMMENDED

13 NEUTRALS.—The Secretary and the tract association

14 may each peremptorily eliminate from consideration

15 for the arbitration panel 1 third-party neutral rec16 ommended under paragraph (1).

17 (4) SELECTION BY CENTER.—From the third18 party neutrals recommended to the Center under

19 paragraph (1) that are not eliminated from consider20 ation under paragraph (3), the Center shall select

21 and retain an arbitration panel consisting of 2 ap22 praisers and 1 attorney.

23 (5) NOTIFICATION OF ESTABLISHMENT.—Not

24 later than 5 days after the selection of members of

25 the arbitration panel, the Center shall notify the
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1 Secretary and the tract association of the establish2 ment of the arbitration panel.

3 (d) ARBITRATION PROCEDURE.—

4 (1) SUBMISSION OF INFORMATION.—Not later

5 than 30 days after notification by the Center of the

6 establishment of the arbitration panel under sub7 section (c)(3), each party shall submit to the arbitra8 tion panel—

9 (A) the appraisal report of each party, in10 cluding comments, if any, of material dif11 ferences of fact or opinion related to the initial

12 appraisal or the second appraisal;

13 (B) a copy of the authorization associated

14 with any typical lot that was subject to ap15 praisal;

16 (C) a copy of this Act; and

17 (D) a copy of appraisal guidelines devel18 oped in accordance with section 6(a)(2).

19 (2) HEARING OR FIELD INSPECTION.—On

20 agreement of both parties, the arbitration may be

21 conducted without a hearing or a field inspection.

22 (3) SCHEDULE FOR DECISION.—

23 (A) IN GENERAL.—Except as provided in

24 subparagraph (B), not later than 60 days after

25 the receipt of all materials described in para-
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1 graph (1), the arbitration panel shall prepare

2 and forward to the Secretary a written advisory

3 decision on the appropriate amount of the base

4 cabin user fee.

5 (B) EXTENSION.—If the arbitration panel

6 or the parties to the arbitration determine that

7 a hearing or field inspection is necessary, the

8 date for submission of the advisory decision

9 under subparagraph (A) shall be extended for—

10 (i) not more than 30 days; or

11 (ii) in the case of difficult or haz12 ardous road or weather conditions, such an

13 additional period of time as is necessary to

14 complete the inspection.

15 (4) DETERMINATION OF RECOMMENDED BASE

16 CABIN USER FEE.—The base cabin user fee rec17 ommended by the arbitration panel shall fall within

18 the range of values, if any, between the initial and

19 second appraisals submitted to the arbitration panel

20 by the parties.

21 (e) ADOPTION OF RECOMMENDED BASE CABIN USER

22 FEE.—

23 (1) IN GENERAL.—Not later than 45 days after

24 the receipt of the recommendation by the arbitration

25 panel, the Secretary shall make a determination to
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1 adopt or reject the recommended base cabin user

2 fee.

3 (2) NOTICE TO TRACT ASSOCIATION.—Not later

4 than 15 days after making the determination under

5 paragraph (1), the Secretary shall provide notice of

6 the determination to the tract association.

7 (f) NO ADMISSION OF FACT OR RECOMMENDA8 TION.—Neither the fact that arbitration in accordance

9 with this section has occurred, nor the recommendation

10 of the arbitration panel, shall be admissible in any court

11 or administrative proceeding.

12 (g) COSTS OF ARBITRATION.—

13 (1) FEES.—

14 (A) IN GENERAL.—In addition to amounts

15 collected under paragraph (2), the Center may

16 charge a reasonable fee to each party to an ar17 bitration under this Act for the provision of ar18 bitration services.

19 (B) TRANSFER.—Fees collected under this

20 paragraph shall be transferred to the Secretary

21 for use in the administration of the program

22 without further Act of appropriation.

23 (2) COST SHARING.—The agency and the tract

24 association shall each pay 50 percent of the costs in25 curred by the Center in establishing and admin-
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1 istering an arbitration in accordance with this sec2 tion, unless the arbitration panel recommends that

3 either the agency or the tract association bear the

4 entire cost of establishing and administering the ar5 bitration.

6 (h) FUNDING.—

7 (1) AUTHORIZATION OF APPROPRIATIONS FOR

8 INITIAL COSTS.—There is authorized to be appro9 priated to the agency for the initial costs of estab10 lishing and administering the program not to exceed

11 $15,000.

12 (2) ARBITRATION FEES.—Any amounts exceed13 ing the amount authorized by paragraph (1) that

14 are required for the administration of the program

15 shall be derived from arbitration fees charged under

16 subsection (g)(1).

17 SEC. 12. RIGHT OF APPEAL AND JUDICIAL REVIEW.

18 (a) RIGHTS OF APPEAL.—Notwithstanding any ac19 tion of a cabin owner to exercise rights in accordance with

20 section 10 or 11, the Secretary shall by regulation grant

21 the cabin owner the right to an administrative appeal of

22 the determination of a new base cabin user fee.

23 (b) JUDICIAL REVIEW.—A cabin owner that is ad24 versely affected by a final decision of the Secretary under
30

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1 this Act may commence a civil action in United States dis2 trict court.

3 SEC. 13. CONSISTENCY WITH OTHER LAW AND RIGHTS.

4 (a) CONSISTENCY WITH RIGHTS OF THE UNITED

5 STATES.—Nothing in this Act limits or restricts any right,

6 title, or interest of the United States in or to any land

7 or resource.

8 (b) SPECIAL RULE FOR ALASKA.—In determining a

9 cabin user fee in the State of Alaska, the Secretary shall

10 not establish or impose a cabin fee or a condition affecting

11 a cabin fee that is inconsistent with the requirements

12 under section 1303(d) of the Alaska National Interest

13 Lands Conservation Act (16 U.S.C. 3193(d)).

14 SEC. 14. REGULATIONS.

15 Not later than 1 year after the date of enactment

16 of this Act, the Secretary shall promulgate regulations to

17 implement this Act.

18 SEC. 15. TRANSITION PROVISIONS.

19 (a) IN GENERAL.—On enactment of this Act, the

20 Secretary shall—

21 (1) suspend appraisal activities related to exist22 ing authorizations until new rules, policies, and pro23 cedures are promulgated in accordance with this

24 Act; and
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1 (2) temporarily charge an annual cabin user fee

2 for each lot that is—

3 (A) an amount equal to the cabin user fee

4 for the lot that was in effect on September 30,

5 1995, adjusted by application of the Implicit

6 Price Deflator-Gross National Product Index, if

7 no appraisal of the lot on which the cabin is lo8 cated was completed after that date and before

9 the date of enactment of this Act;

10 (B) an amount that is not more than 100

11 percent greater than the cabin user fee in effect

12 on September 30, 1995, adjusted by application

13 of the Implicit Price Deflator-Gross National

14 Product Index prior to reappraisal, if an ap15 praisal conducted after that date but before the

16 date of enactment of this Act resulted in the in17 crease; or

18 (C) the cabin user fee in effect on the date

19 of enactment of this Act, if an appraisal con20 ducted after September 30, 1995, including ad21 justments resulting from application of the Im22 plicit Price Deflator-Gross National Product

23 Index before the date of enactment of this Act,

24 resulted a base cabin user fee that is not great25 er than the fee in effect before the appraisal.
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1 (b) CONDUCT OF APPRAISALS UNDER NEW LAW.—

2 On publication of new rules, policies, and procedures

3 under this Act, the Secretary shall carry out any apprais4 als of lots and determinations of fees that were not com5 pleted between September 30, 1995, and the date of enact6 ment of this Act.

7 (c) REQUEST FOR NEW APPRAISAL UNDER NEW

8 LAW.—Not later than 2 years after the promulgation of

9 final regulations and policies and the development of ap10 praisal guidelines in accordance with section 6(a)(2), a

11 cabin owner whose base cabin user fee was adjusted sub12 ject to an appraisal completed after September 30, 1995,

13 but before the date of enactment of this Act, may request

14 that the Secretary conduct a new appraisal and determine

15 a new fee in accordance with this Act.

16 (d) CONDUCT OF NEW APPRAISAL.—On receiving a

17 request under subsection (c), the Secretary shall conduct,

18 and bear all costs incurred in conducting, a new appraisal

19 and fee determination in accordance with this Act.

20 (e) ASSUMPTION OF NEW BASE CABIN USER FEE.—

21 In the absence of a request under subsection (c) for a new

22 appraisal and fee determination from a cabin owner whose

23 cabin user fee was determined as a result of an appraisal

24 conducted after September 30, 1995, but before the date

25 of enactment of this Act, the Secretary may consider the
33

•S 1938 IS1S

1 base cabin user fee resulting from the appraisal conducted

2 between September 30, 1995, and the date of enactment

3 of this Act to be the base cabin user fee that complies

4 with the transition provisions of this Act.

5 (f) TRANSITIONAL CABIN USER FEE OBLIGATION.—

6 (1) IN GENERAL.—In determining the liability

7 of the cabin owner for payment of fees for the period

8 of time between the date of enactment of this Act

9 and the determination of a base cabin user fee in ac10 cordance with this Act, the Secretary shall—

11 (A) require the cabin owner to remit any

12 balance owed for any underpayment of an an13 nual cabin user fee; or

14 (B) if an overpayment of a cabin user fee

15 has occurred, credit the cabin owner, or an heir

16 or assign of the cabin owner, toward future

17 cabin user fee obligations.

18 (2) BILLING.—The agency shall bill a cabin

19 owner for amounts determined to be owed under

20 paragraph (1)(A) in approximately equal increments

21 over 3 years.

Æ