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 RECOMMENDA-
TION.—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 ar-
bitration under this Act for the provision of ar-
bitration 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 in-
curred by the Center in establishing and admin-
istering an arbitration in accordance with this sec-
tion, unless the arbitration panel recommends that
either the agency or the tract association bear the
entire cost of establishing and administering the ar-
bitration.
(h) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS FOR
INITIAL COSTS.—There is authorized to be appro-
priated to the agency for the initial costs of estab-
lishing and administering the program not to exceed
$15,000.
(2) ARBITRATION FEES.—Any amounts exceed-
ing 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 ac-
tion 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 ad-
versely affected by a final decision of the Secretary under
this Act may commence a civil action in United States dis-
trict 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 exist-
ing authorizations until new rules, policies, and pro-
cedures 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 lo-
cated 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 ap-
praisal conducted after that date but before the
date of enactment of this Act resulted in the in-
crease; or
(C) the cabin user fee in effect on the date
of enactment of this Act, if an appraisal con-
ducted after September 30, 1995, including ad-
justments resulting from application of the Im-
plicit Price Deflator–Gross National Product
Index before the date of enactment of this Act,
resulted a base cabin user fee that is not great-
er 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 apprais-
als of lots and determinations of fees that were not com-
pleted between September 30, 1995, and the date of enact-
ment 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 ap-
praisal guidelines in accordance with section 6(a)(2), a
cabin owner whose base cabin user fee was adjusted sub-
ject 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 ac-
cordance with this Act, the Secretary shall—
(A) require the cabin owner to remit any
balance owed for any underpayment of an an-
nual 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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