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II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. CANEEL BAY LEASE AUTHORIZATION. 3 (a) DEFINITIONS.—In this section: 4 (1) PARK.—The term ‘‘Park’’ means the Virgin 5 Islands National Park. 6 VerDate Nov 24 2008 02:07 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H714.RS H714 tjames on DSKG8SOYB1PROD with BILLS 2 •HR 714 RS (2) RESORT.—The term ‘‘resort’’ means the 1 Caneel Bay resort on the island of St. John in the 2 Park. 3 (3) RETAINED USE ESTATE.—The term ‘‘re- 4 tained use estate’’ means the retained use estate for 5 the Caneel Bay property on the island of St. John 6 entered into between the Jackson Hole Preserve and 7 the United States on September 30, 1983 (as 8 amended, assigned, and assumed). 9 (4) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of the Interior. 11 (b) LEASE AUTHORIZATION.— 12 (1) IN GENERAL.—If the Secretary determines 13 that the long-term benefit to the Park would be 14 greater by entering into a lease with the owner of 15 the retained use estate than by authorizing a conces- 16 sion contract upon the termination of the retained 17 use estate, the Secretary may enter into a lease with 18 the owner of the retained use estate for the operation 19 and management of the resort. 20 (2) ACQUISITIONS.—The Secretary may— 21 (A) acquire associated property from the 22 owner of the retained use estate; and 23 VerDate Nov 24 2008 02:07 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H714.RS H714 tjames on DSKG8SOYB1PROD with BILLS 3 •HR 714 RS (B) on the acquisition of property under 1 subparagraph (A), administer the property as 2 part of the Park. 3 (3) AUTHORITY.—Except as otherwise provided 4 by this section, a lease shall be in accordance with 5 subsection (k) of section 3 of Public Law 91–383 6 (16 U.S.C. 1a–2(k)), notwithstanding paragraph (2) 7 of that subsection. 8 (4) TERMS AND CONDITIONS.—A lease author- 9 ized under this section shall— 10 (A) be for the minimum number of years 11 practicable, taking into consideration the need 12 for the lessee to secure financing for necessary 13 capital improvements to the resort, but in no 14 event shall the term of the lease exceed 40 15 years; 16 (B) prohibit any transfer, assignment, or 17 sale of the lease or otherwise convey or pledge 18 any interest in the lease with without prior 19 written notification to, and approval by the Sec- 20 retary; 21 (C) ensure that the general character of 22 the resort property remains unchanged, includ- 23 ing a prohibition against— 24 VerDate Nov 24 2008 02:07 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H714.RS H714 tjames on DSKG8SOYB1PROD with BILLS 4 •HR 714 RS (i) any increase in the overall size of 1 the resort; or 2 (ii) any increase in the number of 3 guest accommodations available at the re- 4 sort; 5 (D) prohibit the sale of partial ownership 6 shares or timeshares in the resort; and 7 (E) include provisions to ensure the protec- 8 tion of the natural, cultural, and historic fea- 9 tures of the resort and associated property, con- 10 sistent with the laws and policies applicable to 11 property managed by the National Park Service; 12 and 13 (E)(F) include any other provisions deter- 14 mined by the Secretary to be necessary to pro- 15 tect the Park and the public interest. 16 (5) RENTAL AMOUNTS.—In determining the 17 fair market value rental of the lease required under 18 section 3(k)(4) of Public Law 91–383 (16 U.S.C. 19 1a–2(k)(4)), the Secretary shall take into consider- 20 ation— 21 (A) the value of any associated property 22 conveyed to the United States; and 23 (B) the value, if any, of the relinquished 24 term of the retained use estate. 25 VerDate Nov 24 2008 02:07 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H714.RS H714 tjames on DSKG8SOYB1PROD with BILLS 5 •HR 714 RS (6) USE OF PROCEEDS.—Rental amounts paid 1 to the United States under a lease shall be available 2 to the Secretary, without further appropriation, for 3 visitor services and resource protection within the 4 Park. 5 (7) CONGRESSIONAL NOTIFICATION.—The Sec- 6 retary shall submit a proposed lease under this sec- 7 tion to the Committee on Energy and Natural Re- 8 sources of the Senate and the Committee on Natural 9 Resources of the House of Representatives at least 10 60 days before the effective date award of the lease. 11 (8) RENEWAL.—A lease entered into under this 12 section may not be extended or renewed. 13 (9) TERMINATION.—Upon the termination of a 14 lease entered into under this section, if the Secretary 15 determines the continuation of commercial services 16 at the resort to be appropriate, the services shall be 17 provided in accordance with the National Park Serv- 18 ice Concessions Management Improvement Act of 19 1998 (16 U.S.C. 5951 et seq.). 20 (c) RETAINED USE ESTATE.— 21 (1) IN GENERAL.—As a condition of the lease, 22 the owner of the retained use estate shall terminate, 23 extinguish, and relinquish to the Secretary all rights 24 under the retained use estate and shall transfer, 25 VerDate Nov 24 2008 02:07 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H714.RS H714 tjames on DSKG8SOYB1PROD with BILLS 6 •HR 714 RS without consideration, ownership of improvements 1 on the retained use estate to the National Park 2 Service. 3 (2) APPRAISAL.— 4 (A) IN GENERAL.—The Secretary shall re- 5 quire an appraisal by an independent, qualified 6 appraiser that who is agreed to by the Sec- 7 retary and the owner of the retained use estate 8 to determine the value, if any, of the relin- 9 quished term of the retained use estate. 10 (B) REQUIREMENTS.—An appraisal under 11 paragraph (1) shall be conducted in accordance 12 with— 13 (i) the Uniform Appraisal Standards 14 for Federal Land Acquisitions; and 15 (ii) the Uniform Standards of Profes- 16 sional Appraisal Practice. 17 VerDate Nov 24 2008 02:07 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H714.RS H714 tjames on DSKG8SOYB1PROD with BILLS VerDate Nov 24 2008 02:07 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H714.RS H714 tjames on DSKG8SOYB1PROD with BILLS 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 VerDate Nov 24 2008 02:07 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H714.RS H714 tjames on DSKG8SOYB1PROD with BILLS