[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 714 Reported in Senate (RS)]
Calendar No. 296
111th CONGRESS
2d Session
H. R. 714
[Report No. 111-146]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2009
Received; read twice and referred to the Committee on Energy and
Natural Resources
March 2, 2010
Reported by Mr. Bingaman, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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 <DELETED>with</DELETED> 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; <DELETED>and
</DELETED> (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
<DELETED>(E)</DELETED>(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 <DELETED>effective date</DELETED> 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
<DELETED>that</DELETED> 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.
Calendar No. 296
111th CONGRESS
2d Session
H. R. 714
[Report No. 111-146]
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to lease certain lands in
Virgin Islands National Park, and for other purposes.
_______________________________________________________________________
March 2, 2010
Reported with amendments