    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-261
    111th Congress

    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

    [[Page 2778]]

    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.

    [[Page 2779]]

    (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.

    Approved October 8, 2010.

    LEGISLATIVE HISTORY--H.R. 714:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 111-146 (Comm. on Energy and Natural Resources).
    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    Feb. 23, considered and passed
    House.
    Vol. 156 (2010):
    May 13, considered and passed
    Senate, amended.
    Sept. 28, House concurred in Senate
    amendments.