Page:United States Statutes at Large Volume 114 Part 2.djvu/136

 114 STAT. 1018 PUBLIC LAW 106-291—OCT. 11, 2000 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). 16 USC 6206. SEC. 607. CABIN USER FEES. (a) IN GENERAL. — The Secretary shall establish the cabin user fee as the amount that is equal to 5 percent of the market value of the lot, as determined in accordance with section 606, reflecting an adjustment to the typical market rate of return due to restrictions imposed by the permit, including— (1) the limited term of the authorization; (2) the absence of significant property rights normally attached to fee simple ownership; and (3) the public right of access to, and use of, any open portion of the lot on which the cabin or other enclosed improvements are not located.

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