16 U.S. Code § 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—
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;
(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
(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) 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—
(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
(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.
(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
(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—
(ii)accessibility, including limitations on access attributable to—
(iv)limitations on, or the absence of, services such as law enforcement, fire control, road maintenance, or snow plowing;
(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— 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)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.
(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