[House Report 110-399]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-399

======================================================================



 
             VIRGIN ISLANDS NATIONAL PARK SCHOOL LEASE ACT

                                _______
                                

October 22, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany H.R. 53]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 53) to authorize the Secretary of the Interior 
to enter into a long-term lease with the Government of the 
United States Virgin Islands to provide land on the island of 
Saint John, Virgin Islands, for the establishment of a school, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Virgin Islands National Park School 
Lease Act''.

SEC. 2. LONG-TERM LEASE, VIRGIN ISLANDS NATIONAL PARK, SAINT JOHN, 
                    VIRGIN ISLANDS.

  (a) Lease Authorized.--The Secretary of the Interior may lease to the 
Government of the United States Virgin Islands a parcel of real 
property, including any improvements thereon, located within the 
boundaries of Virgin Islands National Park on the island of Saint John, 
Virgin Islands, as depicted on the map entitled ``Virgin Islands 
National Park School Exchange'', numbered 161/80,037, and dated 
September 19, 2007, for the purpose of providing a suitable location 
for the establishment of a school by the Government of the United 
States Virgin Islands on the island.
  (b) Term of Lease.--The lease authorized by subsection (a) may not 
exceed a term of 99 years.
  (c) Availability of Map.--The map referred to in subsection (a) shall 
be on file and available for public inspection in the appropriate 
offices of the National Park Service.
  (d) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the lease under this 
section as the Secretary considers appropriate to protect the interests 
of the United States.

                          PURPOSE OF THE BILL

    The purpose of H.R. 53 is to authorize the Secretary of the 
Interior to enter into a long-term lease with the Government of 
the United States Virgin Islands (USVI) to provide land on the 
island of Saint John, Virgin Islands, for the establishment of 
a school, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 53 would authorize the Secretary to lease to the 
Government of the United States Virgin Islands (USVI) real 
property on the island of Saint John, including any 
improvements, for the purposes of constructing a public school 
complex. The property that has been tentatively identified for 
lease is a 10-acre plot that is part of Estate Catherineberg, a 
historic sugar plantation located near the center of the 
island.
    Virgin Islands National Park was authorized by Congress in 
1956 and established largely by an initial land donation from 
Laurance Rockefeller through the Jackson Hole Preserve, 
Incorporated. Congress enlarged the park in 1962 by adding 
5,650 acres of submerged lands along the north and south coasts 
of St. John. In 1978, Congress added approximately 135 acres at 
Hassel Island in St. Thomas Harbor to the park. The park 
protects Caribbean forests, coral gardens, beaches, and 
historic ruins and currently owns 12,917 acres of land and 
water within its 14,689-acre boundary.
    For at least the past three decades, the government of the 
USVI and the National Park Service have been discussing the 
question of securing suitable land on the island of St. John to 
construct a public school. Since the 1970's, school enrollment 
on St. John has more than doubled and the USVI government has 
no more land on the island to either expand either of the two 
existing public schools or to build a new one. The island of 
St. John is only 28 square miles, two thirds which comprises 
the Virgin Islands National Park. Without utilizing National 
Park Service land, there is no other suitable property to build 
a school on St. John. The two existing public schools--Julius 
E. Sprauve (K-9) and Guy H. Benjamin Elementary (K-5)--on St. 
John only accommodate children up to the 9th grade. ``St. 
Johnian'' high school children must travel to St. Thomas twenty 
minutes by ferry, over Open Ocean, to complete their secondary 
education.
    USVI Congressional Delegate Christensen has for several 
Congresses introduced legislation to provide for a ``land-
exchange'' between the National Park Service and the USVI 
Government to build a school in a safer location. In recent 
years, because of the size of the NPS' holdings on the island, 
public support has shifted away from an exchange to some other 
mechanism for securing land for a school, such as a long-term 
lease, which H.R. 53 would accomplish.

                            COMMITTEE ACTION

    H.R. 53 was introduced on January 4, 2007, by Delegate 
Donna Christensen (D-VI). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Insular Affairs. On September 20, 2007, the 
Subcommittee met to mark up the bill. It was forwarded to the 
Full Committee, without amendment, by voice vote. On October 
10, 2007 the Full Natural Resources Committee met to consider 
the bill. The bill was ordered favorably reported to the House 
of Representatives by voice vote with an amendment offered by 
Mrs. Christensen.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Virgin Islands National Park School Lease Act.''

Section 2. Long-term lease, Virgin Islands National Park, Saint John, 
        Virgin Islands

    Section 2(a) lease authorized--Provides for the Secretary 
of the Interior to lease certain property within the boundaries 
of the Virgin Islands National Park on St. John as depicted on 
the map entitled ``Virgin Islands Park School Exchange,'' for 
the establishment of a school by the Government of the Virgin 
Islands.
    Section 2(b) term of lease--States that the lease 
authorized by subsection may not exceed 99 years.
    Section 3(c) availability of map--Provides for the map 
referenced in subsection (a) to be available for public 
inspection.
    Section 2(d) additional terms and conditions--States that 
the Secretary may require additional terms and conditions in 
connection with the lease that he considers appropriate.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General performance goals and objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the Secretary of the 
Interior to enter into a long-term lease with the Government of 
the United States Virgin Islands (USVI) to provide land on the 
island of Saint John, Virgin Islands, for the establishment of 
a school.
    4. Congressional Budget Office cost estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 53--Virgin Islands National Park School Lease Act

    CBO estimates that enacting this legislation would have no 
significant impact on the federal budget. H.R. 53 would 
authorize the Department of the Interior (DOI) to enter into a 
99-year lease with the Government of the Virgin Islands (U.S. 
Virgin Islands) to provide about 10 acres of land in the Virgin 
Islands National Park for the construction of a school. Leasing 
the property to the U.S. Virgin Islands would result in the 
collection of a negligible amount of offsetting receipts, which 
would be offset by an equal amount of spending by DOI.
    H.R. 53 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. 
Enacting the bill would benefit the U.S. Virgin Islands, and 
any costs incurred by that government would be incurred 
voluntarily.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 53 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or (f) of rule XXI.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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