Current through Register Vol. XLI, No. 50, December 13, 2024
Section 22-5-8 - Federal Forest Legacy Program Funded Appraisals and Appraisal Reviews8.1. The appraisal shall be conducted after the WVDOF has negotiated the WFCE with the landowner and after the WFCE has been approved by the USFS and Attorney General.8.2. The appraisal must be prepared in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions ("Yellow Book / UASFLA") and the Uniform Standards for Professional Appraisal Practice of the Appraisal Foundation (USPAP). The UASFLA requirements supersede USPAP, and will require the citing of jurisdictional exception under USPAP.8.3. The appraisal review shall be a technical review under USPAP SR-3. The reviewer is required to prepare a written, narrative review report, without an independent opinion of value, which evaluates the appraisal's compliance with UASFLA, USPAP and Task Assignment instructions.8.4. The FLP Forester and USFS shall jointly prepare task assignments for all federal Forest Legacy Program funded appraisals and appraisal reviews. The appraiser and review appraiser shall be provided with the task assignments with appropriate maps, and backup documentation prior to the start of the appraisal.8.5. A pre-work meeting of the FLP Forester, appraiser and review appraiser is required before the start of the appraisal.8.6. In accordance with USFS requirements, WVDOF may not pay grantors more than 75% of the appraised value of the conservation easement or property with federal Forest Legacy Program Funds.8.7. For conservation easements where federal Forest Legacy Program funds are not involved at all, appraisals and appraisal reviews shall be conducted in accordance with the requirements of the funding source, are not subject to § 22-5-8.1, 8.2, 8.3, 8.4, 8.5, and 8.6 of this rule, and USFS approvals are not required. 8.8 Regardless of the funding source, WVDOF may not pay more than the appraised value for any conservation easement or fee acquisition.