§ 6205. — Appraisals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC6205]
TITLE 16--CONSERVATION
CHAPTER 81--USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
Sec. 6205. Appraisals
(a) Requirements for conducting appraisals
In implementing and conducting an appraisal process for determining
cabin user fees, the Secretary shall--
(1) complete an inventory of improvements that were paid for
by--
(A) the agency;
(B) third parties; or
(C) cabin owners (or predecessors of cabin owners),
during the completion of which the Secretary shall presume that a
cabin owner, or a predecessor of the owner, has paid for the capital
costs of any utility, access, or facility serving the lot being
appraised, unless the Forest Service produces evidence that the
agency or a third party has paid for the capital costs;
(2) establish an appraisal process to determine the market value
of the fee simple estate of a typical lot or lots considered to be
in a natural, native state, subject to subsection (b)(4)(A) of this
section;
(3) enter into a contract with an appropriate professional
appraisal organization to manage the development of specific
appraisal guidelines in accordance with subsection (b) of this
section, subject to public comment and congressional review;
(4) 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;
(5) provide the appraiser with appraisal guidelines developed in
accordance with this chapter;
(6) notwithstanding any other provision of law, require the
appraiser to coordinate the appraisal closely with affected parties
by seeking information, cooperation, and advice from cabin owners
and tract associations;
(7) require that the appraiser perform the appraisal in
compliance with--
(A) the most current edition of the Uniform Standards of
Professional Appraisal Practice in effect on the date of the
appraisal;
(B) the most current edition of the Uniform Appraisal
Standards for Federal Land Acquisitions that is in effect on the
date of the appraisal; and
(C) the specific appraisal guidelines developed in
accordance with this chapter;
(8) require that the appraisal report--
(A) be a full narrative report, in compliance with the
reporting standards of the Uniform Standards of Professional
Appraisal Practice; and
(B) 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 subsection (a)(3) of this section, 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 section, the
appraiser--
(i) shall not appraise each individual lot;
(ii) shall appraise a typical lot or lots, selected by
the cabin owners and the agency in a manner consistent with
the policy of the program; and
(iii) shall be provided, and give appropriate
consideration to, any information contained in the inventory
of improvements relating to the lot being appraised.
(B) Estimate of market value of typical lot
(i) In general
The appraiser shall estimate the market value of a
typical lot in accordance with this chapter.
(ii) Equivalence to legally subdivided lot
In selecting a comparable sale under this chapter, the
appraiser shall recognize that the typical lot will not
usually be equivalent to a legally subdivided lot.
(2) Exception for certain sales of land
In conducting an appraisal under this chapter, the appraiser--
(A) shall not select sales of comparable land that are sales
of land within developed urban areas; and
(B) should not, in most circumstances, select a sale of
comparable land that includes land that is encumbered by a
conservation or recreational easement that is held by a
government or institution, except land that is limited to use as
a site for 1 home.
(3) Adjustments for typical value influences
(A) In general
The appraiser shall consider, and adjust as appropriate, 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;
(III) restrictions imposed by the agency; or
(IV) 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.
(4) Adjustments to sales of comparable parcels
(A) Utilities, access, or facilities
(i) Agency
Utilities, access, or facilities serving a lot that are
provided by the agency shall be included as features of the
lot being appraised.
(ii) Cabin owners
Utilities, access, or facilities serving a lot that are
provided by the cabin owner (or a predecessor of the cabin
owner) shall not be included as a feature of the lot being
appraised.
(iii) Third parties
Utilities, access, or facilities serving a lot that are
provided by a third party shall not be included as a feature
of the lot being appraised unless, in accordance with
subsection (a)(1) of this section, the agency determines
that the capital costs have not been or are not being paid
by the cabin owner (or a predecessor of the cabin owner).
(iv) Withdrawal of utility or access by agency
If, during the term of an authorization, the agency or
an act of God creates a substantial and materially adverse
change in--
(I) the provision or maintenance of any utility or
access; or
(II) a qualitative feature of the lot or immediate
surroundings,
the cabin owner shall have the right to request, and, at the
discretion of the Secretary, obtain a new determination of
the base cabin user fee at the expense of the agency.
(B) Adjustment for exclusion
In a case in which any comparable sale includes utilities,
access, or facilities that are to be excluded in the appraisal
of the subject lot, the price of the comparable sale shall be
adjusted, as appropriate.
(C) Adjustment process
(i) In general
The appraiser shall consider and adjust, as appropriate,
the price of each sale of a comparable parcel for all
nonnatural features referred to in subparagraph (A)(ii)
that--
(I)(aa) are present at, or add value to, the
comparable parcel; but
(bb) are not present at the lot being appraised; or
(II) are not included in the appraisal as described
in subparagraph (A).
(ii) Adjustments
(I) In general
In a case in which the price of a parcel sold is to
be adjusted in accordance with subparagraph (B), the
adjustment may be based on an analysis of market or cost
information or both.
(II) Cost information
If cost information is used as the basis of an
adjustment under subclause (I), the cost information
shall be supported by direct market evidence.
(iii) Analysis of cost information
An analysis of cost information under clause (ii)(I)
should include allowances, as appropriate, if the allowances
are consistent with--
(I) the Uniform Standards of Professional Appraisal
Practice in effect on the date of the analysis; and
(II) the Uniform Appraisal Standards for Federal
Land Acquisition.
(D) 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).
(Pub. L. 106-291, title VI, Sec. 606, Oct. 11, 2000, 114 Stat. 1015.)
Section Referred to in Other Sections
This section is referred to in sections 6203, 6206, 6207, 6209, 6213
of this title.
