§ 6213. — Transition provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC6213]
TITLE 16--CONSERVATION
CHAPTER 81--USER FEES UNDER FOREST SYSTEM RECREATION RESIDENCE PROGRAM
Sec. 6213. Transition provisions
(a) Assessment of annual fees
For the period of time determined under subsection (b) of this
section, the Secretary shall charge each cabin owner an annual fee as
follows:
(1) Lots not appraised since September 30, 1995
For a lot that has not been appraised since September 30, 1995,
the annual fee shall be equal to the amount of the annual fee in
effect on October 11, 2000, adjusted annually to reflect changes in
the Implicit Price Deflator-Gross National Product Index.
(2) Lots appraised on or after September 30, 1995
(A) In general
Except as provided in subparagraph (B), for a lot that has
been appraised on or after September 30, 1995, the annual fee
shall be equal to the amount of the fee in effect on October 11,
2000, adjusted annually to reflect changes in the Implicit Price
Deflator-Gross National Product Index.
(B) Appraisals resulting in base fee increase
(i) In general
Except as provided in clause (ii), for a lot that has
been appraised on or after September 30, 1995, for which the
appraisal resulted in an increase of the base fee by an
amount greater than $3,000, the annual fee shall be equal to
the sum of $3,000 plus the amount of the annual fee in
effect on October 1, 1996, adjusted annually to reflect the
percentage change in the Implicit Price Deflator-Gross
National Product Index.
(ii) Fees paid after request of new appraisal or
peer review
If--
(I) the cabin owner of a lot described in clause (i)
requests a new appraisal or peer review under subsection
(c) of this section; and
(II) the base cabin user fee established as a result
of the appraisal or peer review is determined to be an
amount that is 90 percent or more of the fee in effect
for the lot as determined by an appraisal conducted on
or after September 30, 1995,
the Secretary shall charge the cabin owner, in addition to the
annual fee that would otherwise have been due under section
6208 of this title, the difference between the base cabin
user fee determined through the conduct of the new appraisal
or peer review and the annual fee that would otherwise have
been due under section 6208 of this title, to be assessed
retroactively for each year beginning with the year in which
the previous appraisal was conducted, and to be paid in 3
equal annual installments.
(b) Term
(1) Lots not appraised since September 30, 1995
For a lot that has not been appraised since September 30, 1995,
the Secretary shall charge fees in accordance with subsection
(a)(2)(A) of this section until--
(A) a base cabin user fee is determined in accordance with--
(i) this chapter; or
(ii) regulations and policies in effect on October 11,
2000; and
(B) the right of the cabin owner to a second appraisal under
section 6209 of this title is exhausted.
(2) Lots appraised on or after September 30, 1995
For a lot that has been appraised on or after September 30,
1995, the Secretary shall charge fees under subsection (a)(2) of
this section until--
(A) the cabin owner requests a new appraisal or peer review,
and a base cabin user fee is established, under subsection (c)
of this section; or
(B) in the absence of a request for a peer review or a new
appraisal under subsection (c) of this section, the date that is
2 years after the date on which the Forest Service promulgates
regulations and policies and develops appraisal guidelines under
this chapter.
(c) Request for new appraisal under new law
(1) In general
Not later than 2 years after the promulgation of final
regulations and policies and the development of appraisal guidelines
in accordance with section 6205(a)(5) of this title, cabin owners
that are subject to appraisals completed after September 30, 1995,
but before the date of promulgation of final regulations under
section 6212 of this title, may request, in accordance with
paragraph (2), that the Secretary--
(A) conduct a new appraisal and determine a new base cabin
user fee in accordance with this chapter; or
(B) commission a peer review of the existing appraisals in
accordance with paragraph (4).
(2) Appraisal groupings by typical lot
A request for a new appraisal or for a peer review of existing
appraisals under paragraph (1) shall be made by a majority of the
cabin owners in a group of cabins represented in the appraisal
process by a typical lot.
(3) Conduct of new appraisal
On receipt of a request for an appraisal and fee determination
in accordance with paragraph (2), the Secretary shall conduct the
new appraisal and fee determination in accordance with this chapter.
(4) Peer review of existing appraisals
(A) In general
On receipt of a request for peer review in accordance with
paragraph (2), the Secretary shall obtain from an independent
professional appraisal organization a review of the appraisal
(including any report on the appraisal) that was used to
establish the estimated fee simple value of the lots within the
subject grouping.
(B) Inconsistency
If peer review described in subparagraph (A) results in a
determination that an appraisal or appraisal report includes
provisions or procedures that were implemented or conducted in a
manner inconsistent with this chapter, the Secretary shall, as
appropriate and in accordance with this chapter--
(i) revise an existing base cabin user fee; or
(ii) subject to an agreement with the cabin owners,
conduct a new appraisal and fee determination.
(5) Payment of costs
Cabin owners and the Secretary shall share, in equal proportion,
the payment of all reasonable costs of any new appraisal or peer
review.
(d) Assumption of new base cabin user fee
In the absence of a request under subsection (c) of this section 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 promulgation of final
regulations under section 6212 of this title, the Secretary may consider
the base cabin user fee resulting from the appraisal conducted between
September 30, 1995 and the date of promulgation of the final regulations
under section 6212 of this title, to be the base cabin user fee that
complies with this section.
(Pub. L. 106-291, title VI, Sec. 614, Oct. 11, 2000, 114 Stat. 1022.)
