[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