[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 714 Enrolled Bill (ENR)]
H.R.714
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To authorize the Secretary of the Interior to lease certain lands in
Virgin Islands National Park, 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. CANEEL BAY LEASE AUTHORIZATION.
(a) Definitions.--In this section:
(1) Park.--The term ``Park'' means the Virgin Islands National
Park.
(2) Resort.--The term ``resort'' means the Caneel Bay resort on
the island of St. John in the Park.
(3) Retained use estate.--The term ``retained use estate''
means the retained use estate for the Caneel Bay property on the
island of St. John entered into between the Jackson Hole Preserve
and the United States on September 30, 1983 (as amended, assigned,
and assumed).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Lease Authorization.--
(1) In general.--If the Secretary determines that the long-term
benefit to the Park would be greater by entering into a lease with
the owner of the retained use estate than by authorizing a
concession contract upon the termination of the retained use
estate, the Secretary may enter into a lease with the owner of the
retained use estate for the operation and management of the resort.
(2) Acquisitions.--The Secretary may--
(A) acquire associated property from the owner of the
retained use estate; and
(B) on the acquisition of property under subparagraph (A),
administer the property as part of the Park.
(3) Authority.--Except as otherwise provided by this section, a
lease shall be in accordance with subsection (k) of section 3 of
Public Law 91-383 (16 U.S.C. 1a-2(k)), notwithstanding paragraph
(2) of that subsection.
(4) Terms and conditions.--A lease authorized under this
section shall--
(A) be for the minimum number of years practicable, taking
into consideration the need for the lessee to secure financing
for necessary capital improvements to the resort, but in no
event shall the term of the lease exceed 40 years;
(B) prohibit any transfer, assignment, or sale of the lease
or otherwise convey or pledge any interest in the lease without
prior written notification to, and approval by the Secretary;
(C) ensure that the general character of the resort
property remains unchanged, including a prohibition against--
(i) any increase in the overall size of the resort; or
(ii) any increase in the number of guest accommodations
available at the resort;
(D) prohibit the sale of partial ownership shares or
timeshares in the resort;
(E) include provisions to ensure the protection of the
natural, cultural, and historic features of the resort and
associated property, consistent with the laws and policies
applicable to property managed by the National Park Service;
and
(F) include any other provisions determined by the
Secretary to be necessary to protect the Park and the public
interest.
(5) Rental amounts.--In determining the fair market value
rental of the lease required under section 3(k)(4) of Public Law
91-383 (16 U.S.C. 1a-2(k)(4)), the Secretary shall take into
consideration--
(A) the value of any associated property conveyed to the
United States; and
(B) the value, if any, of the relinquished term of the
retained use estate.
(6) Use of proceeds.--Rental amounts paid to the United States
under a lease shall be available to the Secretary, without further
appropriation, for visitor services and resource protection within
the Park.
(7) Congressional notification.--The Secretary shall submit a
proposed lease under this section to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives at least 60 days before
the award of the lease.
(8) Renewal.--A lease entered into under this section may not
be extended or renewed.
(9) Termination.--Upon the termination of a lease entered into
under this section, if the Secretary determines the continuation of
commercial services at the resort to be appropriate, the services
shall be provided in accordance with the National Park Service
Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et
seq.).
(c) Retained Use Estate.--
(1) In general.--As a condition of the lease, the owner of the
retained use estate shall terminate, extinguish, and relinquish to
the Secretary all rights under the retained use estate and shall
transfer, without consideration, ownership of improvements on the
retained use estate to the National Park Service.
(2) Appraisal.--
(A) In general.--The Secretary shall require an appraisal
by an independent, qualified appraiser who is agreed to by the
Secretary and the owner of the retained use estate to determine
the value, if any, of the relinquished term of the retained use
estate.
(B) Requirements.--An appraisal under paragraph (1) shall
be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.