§ 6209. — Right of second appraisal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC6209]
TITLE 16--CONSERVATION
CHAPTER 81--USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
Sec. 6209. Right of second appraisal
(a) Right of second appraisal
On receipt of notice from the Secretary of the determination of a
new base cabin user fee, the cabin owner--
(1) not later than 60 days after the date on which the notice is
received, may notify the Secretary of the intent of the cabin owner
to obtain a second appraisal; and
(2) may obtain, within 1 year following the date of receipt of
the notice under this subsection, at the expense of the cabin 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
6205(a)(4) of this title;
(2) use the appraisal guidelines used in the initial appraisal
in accordance with section 6205(a)(5) of this title;
(3) consider all relevant factors in accordance with this
chapter (including guidelines developed under section 6205(a)(3) of
this title); 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
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) of
this section 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.
(Pub. L. 106-291, title VI, Sec. 610, Oct. 11, 2000, 114 Stat. 1020.)
Section Referred to in Other Sections
This section is referred to in sections 6210, 6213 of this title.
