; or (B) factors exist that mitigate the risk of flooding, including ditches, banks, walls, vegetation, levees, lakes, dams, reservoirs, basin, retention ponds, and other natural or manmade topographical features. (3) Appeals process (A) Administrative adjudication The Administrator shall determine an appeal under this subsection by making a final adjudication on the record, after providing an opportunity for an administrative hearing. (B) Rights upon adverse decision (i) Optional arbitration If an appeal determined under subparagraph (A) does not result in a decision in favor of the State, local government, owner, or lessee, that party may request that an appeal of the adverse decision be heard through independent, non-binding arbitration. (ii) Process The Administrator shall establish a process for arbitration under clause (i) under which the arbitrator provides a non-binding recommendation to the Administrator. (4) Relief (A) Wholly successful appeals If the Administrator determines, in an appeal under this subsection, that the property of a policyholder that had been included in a special flood hazard area under the flood insurance rate map is actually not in a special flood hazard area— (i) the policyholder may cancel the policy at any time during the year in which the Administrator makes the determination; and (ii) the Administrator shall provide the policyholder a refund equal to the amount of— (I) any premiums that the policyholder paid during the year described in clause (i)