[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2670 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2670

   To provide for the continued operation of the Yacht Basin Marina, 
Montana, to allocate recreation fees collected at the Canyon Ferry Unit 
of the Pick-Sloan Missouri River Basin Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2004

  Mr. Baucus introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To provide for the continued operation of the Yacht Basin Marina, 
Montana, to allocate recreation fees collected at the Canyon Ferry Unit 
of the Pick-Sloan Missouri River Basin Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Canyon Ferry Yacht Basin Marina 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Concessionaire.--The term ``concessionaire'' means the 
        person or entity that, in accordance with the lease numbered 5-
        LM-60-L3279, has the right to operate a public serve concession 
        in the Yacht Basin Concession Area located in the SW \1/4\ sec. 
        10, T. 10 N., R. 1. W., Montana Principal Meridian.
            (2) Marina.--The term ``Marina'' means the Yacht Basin 
        Marina located in the State of Montana on the Canyon Ferry Unit 
        of the Pick-Sloan Missouri River Basin Program.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

SEC. 3. YACHT BASIN MARINA.

    (a) In General.--The Secretary shall--
            (1) provide for the continued operation of the Marina; or
            (2) maintain a marina at Yacht Basin that provides at least 
        as many services and facilities as are available at the Marina 
        on the date of enactment of this Act.
    (b) Lease.--
            (1) In general.--The lease described in section 2(1) shall 
        be extended for an additional 10-year period beginning on the 
        date of enactment of this Act.
            (2) Terms.--
                    (A) In general.--Except as provided under 
                subparagraph (B), the terms of the lease extended under 
                paragraph (1) shall be the same as the terms of the 
                lease described in section 2(1).
                    (B) Exception.--If the terms of the lease extended 
                under paragraph (1) are more restrictive than the terms 
                allowed at other marinas or similar Reclamation 
                concessions in effect on the date of the extension, the 
                Secretary and the Concessionaire shall, not later than 
                30 days after the date of enactment of this Act, amend 
                the lease to incorporate the less restrictive terms.
                    (C) Limitation.--The Secretary shall not include in 
                the terms of the lease extended under paragraph (1) any 
                terms that are more restrictive than the terms of the 
                lease described in section 2(1).
            (3) Additional extensions.--
                    (A) In general.--In addition to the extension under 
                paragraph (1), the Secretary shall, on request of the 
                concessionaire and subject to subparagraph (B), extend 
                the lease for not more than 4 additional 10-year 
                periods.
                    (B) Notice.--For an extension under subparagraph 
                (A) to be valid, the concessionaire shall, at least 1 
                year before the date on which the lease is to expire, 
                submit to the Secretary written notice that the 
                concessionaire intends to request an extension to the 
                lease.
                    (C) Deadline for extension.--
                            (i) In general.--Not later than 1 year 
                        after the date on which the Secretary receives 
                        a request to extend the lease under 
                        subparagraph (A), the Secretary shall complete 
                        the requested lease extension.
                            (ii) Automatic extension.--
                                    (I) In general.--Except as provided 
                                in subclause (III), if the Secretary 
                                does not extend the lease within the 
                                time period specified in clause (i), 
                                the lease shall automatically be 
                                extended for an additional 10-year 
                                period.
                                    (II) Terms.--A lease automatically 
                                extended under subclause (I) shall 
                                include the latest terms and conditions 
                                accepted by the Secretary and the 
                                concessionaire.
                    (D) Requirements.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), a lease extended under 
                        subparagraph (A) may include terms requiring 
                        the concessionaire to meet any standards or 
                        regulations applicable to the operation of 
                        marinas or similar Reclamation concessions in 
                        effect on the date of the extension, with an 
                        emphasis on including standards or regulations 
                        relating to public safety.
                            (ii) Exceptions.--Notwithstanding clause 
                        (i), the Secretary shall not include in the 
                        terms of a lease extended under subparagraph 
                        (A)--
                                    (I) limitations on rental periods 
                                at boat docks;
                                    (II) provisions allowing the 
                                Secretary to take title to capital 
                                investments made by the concessionaire 
                                unless the Secretary compensates the 
                                concessionaire for the full market 
                                value of the investments;
                                    (III) provisions requiring the 
                                concessionaire to provide less services 
                                at the Marina than those which are 
                                provided under the lease in effect on 
                                the date of enactment of this Act; or
                                    (IV) provisions requiring the 
                                concessionaire to relocate the Marina.
                            (iii) Limitation.--A lease extended under 
                        subparagraph (A) shall not include any terms 
                        that are more restrictive than the terms of the 
                        lease described in section 2(1).
                    (E) Subsequent transfer.--
                            (i) In general.--Subject to clause (ii), 
                        the concessionaire may transfer ownership of 
                        concession facilities subject to a lease 
                        extended under subparagraph (A) at any time 
                        during the term of the term of the lease.
                            (ii) Approval by secretary.--
                                    (I) In general.--A transfer of 
                                ownership under clause (i) shall be 
                                subject to approval by the Secretary.
                                    (II) Requirements.--In determining 
                                whether to approve a transfer under 
                                subclause (I), the Secretary shall 
                                consider only whether the person or 
                                entity to which the facilities are to 
                                be transferred has the financial and 
                                managerial qualifications to assume the 
                                duties and responsibilities of the 
                                concessionaire under the terms of the 
                                lease.
                                    (III) Written notice.--The 
                                Secretary shall submit to the 
                                concessionaire and any person or entity 
                                to which the facilities are to be 
                                transferred written notice that 
                                specifies--
                                            (aa) whether the Secretary 
                                        has approved or disapproved the 
                                        transfer; and
                                            (bb) the reasons for the 
                                        approval or disapproval.
            (4) Review.--A concessionaire or any person or entity to 
        which concession facilities are transferred under paragraph 
        (3)(E) shall not be subject to any additional review by the 
        Secretary with respect to an improvement or construction that 
        has previously been inspected and approved by the Secretary, 
        unless the Secretary determines that the construction or 
        improvement poses a significant hazard to public safety or the 
        environment.
            (5) Amendments.--Nothing in this Act affects the right of 
        the Secretary or the concessionaire to--
                    (A) propose amendments to a lease extended under 
                this section; and
                    (B) include in a lease extended under this section 
                any amendments to the lease that the Secretary and the 
                concessionaire mutually agree on.
    (c) Boundary Expansion.--
            (1) In general.--Nothing in this section prohibits the 
        concessionaire, in cooperation with the Secretary, from 
        expanding the boundary of the Marina to incorporate adjoining 
        Reclamation land in the Marina for the purpose of--
                    (A) better serving the needs of the public; or
                    (B) addressing expansion, safety, or security 
                issues of the Marina.
            (2) Management.--The concessionaire shall manage any land 
        incorporated under paragraph (1).
    (d) Erosion Control.--The Secretary shall work with the public, the 
concessionaire, and private landowners to remedy shoreline erosion in 
and around the Marina to prevent the loss of public and private 
property.

SEC. 4. RECREATION FEES.

    Of the recreation fees collected at the Canyon Ferry Unit of the 
Pick-Sloan Missouri River Basin Program for fiscal year 2005 and each 
subsequent fiscal year, 80 percent shall be deposited in the recreation 
account for the Canyon Ferry Unit.
                                 <all>