Page:United States Statutes at Large Volume 114 Part 2.djvu/141

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PUBLIC LAW 106-291—OCT. 11, 2000 114 STAT. 1023 the Secretary shall charge fees in accordance with subsection (a)(2)(A) until— (A) a base cabin user fee is determined in accordance with— (i) this title; or (ii) regulations and policies in effect on the date of enactment of this title; and (B) the right of the cabin owner to a second appraisal under section 610 is exhausted. (2) LOTS APPRAISED ON OR AFTER SEPTEMBER 3O, 1995. — For a lot that has been appraised on or after September 30, 1995, the Secretary shall charge fees under subsection (a)(2) until— (A) the cabin owner requests a new appraisal or peer review, and a base cabin user fee is established, under subsection (c); or (B) in the absence of a request for a peer review or a new appraisal under subsection (c), the date that is 2 years after the date on which the Forest Service promulgates regulations and policies and develops appraisal guidelines under this title. (c) REQUEST FOR NEW APPRAISAL UNDER NEW LAW. — (1) IN GENERAL.—Not later than 2 years after the promulgation oJF final regulations and policies and the development of appraisal guidelines in accordance with section 606(a)(5), cabin owners that are subject to appraisals completed after September 30, 1995, but before the date of promulgation of final regulations under section 613, 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 title; 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 title. (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 title, the Secretary shall, as appropriate and in accordance with this title— (i) revise an existing base cabin user fee; or