Page:United States Statutes at Large Volume 114 Part 2.djvu/139

 PUBLIC LAW 106-291—OCT. 11, 2000 114 STAT. 1021 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) have qualifications equivalent to the appraiser that conducted the initial appraisal in accordance with section 606(a)(4); (2) use the appraisal guidelines used in the initial appraisal in accordance with section 606(a)(5); (3) consider all relevant factors in accordance with this title (including guidelines developed under section 606(a)(3)); and (4) 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 Deadline, 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 the 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 base cabin user 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 user fee. SEC. 611. RIGHT OF APPEAL AND JUDICIAL REVIEW. 16 USC 6210. (a) RIGHT OF APPEAL. —Notwithstanding any action of a cabin owner to exercise rights in accordance with section 610, 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 jfinal decision of the Secretary under this title may bring a civil action in United States district court. SEC. 612. CONSISTENCY WITH OTHER LAW AND RIGHTS. 16 USC 6211. (a) CONSISTENCY WITH RIGHTS OF THE UNITED STATES.— Nothing in this title 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 user fee or a condition affecting a cabin user fee that is inconsistent with 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)).

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