[Congressional Record Volume 156, Number 72 (Thursday, May 13, 2010)]
[Senate]
[Pages S3761-S3762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 VIRGIN ISLAND NATIONAL PARK LEASE ACT

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 296, H.R. 714, 
the Virgin Islands National Park.
  The PRESIDING OFFICER. The clerk will report the bill by title.

[[Page S3762]]

  The assistant legislative clerk read as follows:

       A bill (H.R. 714) to authorize the Secretary of the 
     Interior to lease certain lands in Virgin Islands National 
     Park, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Energy and Natural 
Resources, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                H.R. 714

       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 
     [with] 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; [and]
       (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
       [(E)](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 [effective date] 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 [that] 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.

  Mr. DODD. Mr. President, I ask unanimous consent that the committee-
reported amendments be considered and agreed to, the bill, as amended, 
be read three times, passed, and the motions to reconsider be laid upon 
the table en bloc; and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 714), as amended, was read the third time and passed.

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