Union Calendar No. 323
IB Union Calendar No. 323 110TH CONGRESS 2D SESSION H. R. 1143 [Report No. 110–532] To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 16, 2007 Mrs. CHRISTENSEN introduced the following bill; which was referred to the Committee on Natural Resources FEBRUARY 28, 2008 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 16, 2007] A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. DEFINITIONS. …
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IB Union Calendar No. 323 110TH CONGRESS 2D SESSION H. R. 1143 [Report No. 110–532] To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 16, 2007 Mrs. CHRISTENSEN introduced the following bill; which was referred to the Committee on Natural Resources FEBRUARY 28, 2008 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 16, 2007] A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. DEFINITIONS. 3 In this Act, the following definitions apply: 4 VerDate Aug 31 2005 21:07 Feb 28, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6203 E:\BILLS\H1143.RH H1143 hsrobinson on PROD1PC76 with BILLS 2 •HR 1143 RH (1) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of the Interior. 2 (2) RUE.—The term ‘‘RUE’’ means the retained 3 use estate entered into by the Jackson Hole Preserve 4 and the United States on September 30, 1983. 5 (3) PARK.—The term ‘‘park’’ means Virgin Is- 6 lands National Park. 7 (4) CBI.—The term ‘‘CBI’’ means CBI Acquisi- 8 tions, LLC. 9 (5) RESORT.—The term ‘‘Resort’’ means Caneel 10 Bay Resort on the island of St. John in Virgin Is- 11 lands National Park. 12 SEC. 2. LEASE AGREEMENT. 13 (a) AUTHORIZATION.—The Secretary may enter into 14 a lease agreement with CBI governing the use of property 15 for the continued management and operation of the Resort. 16 (b) ADDITIONAL LANDS.—Any lease entered into pur- 17 suant to this Act shall include the property covered by the 18 RUE and any associated property owned by CBI donated 19 to the National Park Service. 20 (c) TERMS.—The lease agreement authorized under 21 subsection (a) shall— 22 (1) require that operations and maintenance of 23 the Resort are conducted in a manner consistent with 24 the preservation and conservation of the resources and 25 VerDate Aug 31 2005 21:07 Feb 28, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\H1143.RH H1143 hsrobinson on PROD1PC76 with BILLS 3 •HR 1143 RH values of the Park as well as the best interests of the 1 Resort; 2 (2) be for the minimum number of years prac- 3 ticable to enable the lessee to secure financing for any 4 necessary improvements to the Resort, taking into ac- 5 count the financial obligations of CBI, but in any 6 event shall not exceed 40 years; 7 (3) prohibit any transfer, assignment or sale of 8 the lease or otherwise convey or pledge any interest in 9 the lease without prior written notification to and ap- 10 proval by the Secretary; 11 (4) prohibit any increase in the number of guest 12 accommodations available at the Resort; 13 (5) prohibit any increase in the overall size of 14 the Resort; 15 (6) prohibit the sale of partial ownership shares 16 or timeshares in the Resort; 17 (7) be designed to facilitate transfer of all prop- 18 erty covered by the lease to Federal administration 19 upon expiration of the lease; and 20 (8) include any other provisions determined by 21 the Secretary to be necessary to protect the Park and 22 the public interest. 23 (d) APPRAISALS.—The Secretary shall require ap- 24 praisals to determine the fair market value of all property 25 VerDate Aug 31 2005 21:07 Feb 28, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1143.RH H1143 hsrobinson on PROD1PC76 with BILLS 4 •HR 1143 RH covered by the RUE and any property, including the value, 1 if any, of the surrendered term of the RUE, owned by CBI 2 to be donated, or otherwise conveyed, to the National Park 3 Service. Such appraisals shall be conducted pursuant to the 4 Uniform Appraisal Standards for Federal Land Acquisi- 5 tion. 6 (e) COMPENSATION.— 7 (1) IN GENERAL.—The lease authorized by this 8 Act shall— 9 (A) require payment to the United States of 10 the property’s fair market value rent, taking into 11 account the value of any associated property 12 transferred by CBI as well as the value, if any, 13 of the surrendered term of the RUE; 14 (B) include a provision— 15 (i) allowing recalculation of the 16 amount of the payment required under this 17 subsection, at the request of the Secretary or 18 CBI, in the event of extraordinary unan- 19 ticipated changes in conditions anticipated 20 at the time the lease was finalized; and 21 (ii) providing for binding arbitration 22 in the event the Secretary and CBI are un- 23 able to agree upon an adjustment to the 24 payment in these circumstances. 25 VerDate Aug 31 2005 21:07 Feb 28, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1143.RH H1143 hsrobinson on PROD1PC76 with BILLS 5 •HR 1143 RH (2) DISTRIBUTION.—Eighty percent of the pay- 1 ment to the United States required by this subsection 2 shall be available to the Secretary, without further 3 appropriation, for expenditure within the Park. The 4 remaining twenty percent shall be deposited in the 5 Treasury. 6 (3) APPLICABILITY OF CERTAIN LAW.—Section 7 321 of the Act of June 30, 1932 (40 U.S.C. 1302), re- 8 lating to the leasing of buildings and property of the 9 United States, shall not apply to the lease entered 10 into by the Secretary pursuant to this Act. 11 SEC. 3. RETAINED USE ESTATE. 12 As a condition of the lease, CBI shall relinquish to the 13 Secretary all rights under the RUE and transfer, without 14 compensation, ownership of improvements covered by the 15 RUE to the United States. 16 VerDate Aug 31 2005 21:07 Feb 28, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1143.RH H1143 hsrobinson on PROD1PC76 with BILLS Union Calendar No. 323 110TH CONGRESS 2D SESSION H. R. 1143 [Report No. 110–532] A BILL To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. FEBRUARY 28, 2008 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Aug 31 2005 21:07 Feb 28, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H1143.RH H1143 hsrobinson on PROD1PC76 with BILLS