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1 H.R. 1143 - Virgin Islands National Park (authorize to lease), VI - - 4 , 1 I Or% \ 1 1 4- .64114 4 110TH CONGRESS 1ST SESSION 1143 To authorize the Secretary of the Interior ,$) 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 hill; which was referred to the Committee on Natural Resources 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- 2 tires of the United States of America in Congress assembled, 3 SECTION 1. LEASE AUTHORIZED. 4 Notwithstanding any other provision of law, after the 5 retained use estate at Virgin Islands National Park on the 6 date of the enactment of this Act has been terminated and 7 the improvements on such lands have been donated to the 8 United States, the Secretary of the Interior may enter into 9 a lease with the person holding the retained use estate 10 on the date of the enactment of this Act for the use of -- - I q 1 . 1 It I , 9 1 such lands and improvements on terms and conditions de- 2 termined by the Secretary to be reasonable. 0 RR 1143 tH a 4 (1* A J February 16. 2007 By Mr. CARNAHAN' H.R. 1129. A bill to provide for the con- struction. operation. and maintenance of an arterial road in St. Louis County. Missouri; to the Committee on Transportation and In (restructure By Mr. CONYERS for himself. Mr. SMITH of Texas. Ms. LINDA T. SANCHEZ of California. Mr. CANNON. Mr. Scorer of Virginia, Mi FoRBEs, and Mr. CRAWL...TIE): H.R. 1130. A bill to amend the Ethics in Government Act of 1978 to extend the au- thority to withhold from public availability financial disclosure report filed by an indi- vidual who is judicial officer or judicial employee, to the extent necessary to protect the safety of that individual or a family member of that individual, and for other pur poses: to the Committee on the Judiciary By Mr. BAKER for himself, Mr. McCRERY. Mr. ALEXANDER. Mr MELANCON, Mr. JINDAL, Mr. BOUsTANY. Mr. WOLF. and Mr PLATEN): H.R. 1131. A bill to establial commission to commemorate the sesquicentennial of the American Civil War, to the Committee on Oversight and Government Reform. By Ms. BALDWIN for herself, MYRICK, Mr. WAXMAN. BLACKBURN. and Mrs. CAPlis): H.R. 1132. A bill to amend the Public Health Service Act to provide waivers rest- ing to grants for preventive health measures with respect to breast and cervical cancers: to the Committee on Energy and Commerce. By Ms. BERKLEY: H.R. 1133. A bill to provide for the energy Indepenoence of the United States, to the Committee on Ways and Means, and in addi- tion to the Committees on Natural Re- sources. Energy and Commerce. and Science and Technology. for period to be subse- quently determined by the Speaker. in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. By Mr. BERRY ifor himself. Mrs. Emus. )s. Mr. CASTLE. Mr. WYNN. hi-. ....ANNEX. Mr. HINCHISY, Ms. .sCHAEOWsKY, Mr. ALLEN. Mr. Gino LACK. Ms. BUitLALLO, Mr. ETHERIDGE. Mr. MARSHALL, Mrs. CAPPS, Mr. illiLisHoR. Mr. HIGGiNs, Mr. Ross Mr. RANISTAD. Mr. GRAVES, Ai. MCCoTrE:t, Mr. GARY G. MILLER of California. Mr. PRICE of North Caro- lina. Mr. YOUNG of Alaska, Mr &ATER, Mr. CAFTAN.). Mr. JONES of North Carolina, Mr. KENNEDY, Mr CORNERS. Mr. PRANK of Massachu- setts. Mr. CLEAVER, Mr. MORAN of Kansas. Mr. MORAN of Virginia. Mr OBERSTAR. and Mr. BORER): H.R. 1134. A bill to amend the Public Health Service Act to provide for the partici nation of physical therapists in the National Health Service Corps Loan Repayment Pro- gram. and for other purposes; to the Com- mittee on Energy and Commerce. By Mr BISHOP of New York (for him self, Mr. VAIL of New York. Mr. IsRaEL. Mr. Wilton. Mr. HINCHEY. and Mr. WALKS of New York): H.R. 1136. A bill to amend the Internal Rev enue Code of 19114 to clarify that installment sales treatment shall not tall to apply to property acquired for conservation purposes by State or local government or certain tax-exempt organizations merely because purchase funds are held in a sinking or eiml tar fund pursuant to State law, to the Corn mittee on Ways and Means. By Mr. BLUMENAUF.R (for himself and Mr. WALDEN of Oregon. H.R. 1136. A bill to abolish the Committee on Standards of Official Conduct in the CONGRESSIONAL RECORD HOUSE Mrs. Mrs House of Representatives, establish an Inde- pendent Ethics Commission, and provide for the transfer of the duties and functions of the committee to the Commission: to the Committee on House Administration, and in addition to the Committees on Rules, and the Judiciary. for a period to be subs... quently determined by the Speaker. in each case for consideration of such provisions as fall within the Jurisdiction of the committee concerned By Mr. BROWN of South Carolina (for himself. Mr. MICHAUD. and Mr. MIL- LER of Plodder H.R 1137. A bill to amend title 38. United States Code, to Increase to $2301: the amount of the Medal of Honor special pension under that title and to provide for nutmeat of that pension to the surviving spouse o: a deceased Medal of Honor recipient. to the Committee on Veterans' Affairs. By Mr BUTTERFIELD Ifor himself. Mr. CoBLE. Mr. PRICE of North Caro- lina, Mr JONES of North Carolina. Mr. ETHERIDGE. Mr. WATT. Mrs. MriticK, Mr. HAYES. Mr MCINTYRE. Mr MILLER of North Carolina. Ma. 'rota, Mr. MCHENRY, and Mr. Sift: Lan r H.R. 1138. A bill to designate the Federal building and United States courthouse lo- cated at 306 East Main Street in Elizabeth City. North Carolina. as the "J. Herbert W. Small Federal Building and United States Courthouse-'; to the Committee on Transpor- tation and Infrastructnre. By Mr CALVERT. H.R. 1139. A bill to authorize the Secretary of the Interior to plan, design and construct facilities to provide water for irrigation. mu- nicipal. domestic, and other uses from the Bunker Hill Groundwater Basin, Santa Ana River. California. and for other purposes; to the Committee on Natural Resources By Mr. CALVERT for himself. Mr. CAMPBELL of California. and Mr GARY G. Mil. LER of California): H.R. 1140. A bill to authorize the Secretary. in cooperation with the City of San Juan Capistrano. California. to participate in the design, planning, and construction of an ad- vancod water treatment plant facility and recycled water system, and for other pur. poses: to the Committee on Natural Re sources. By Mr CANNON: H.R. 1141. A bill to provide an amnesty pe- riod during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes: to the Corn mittee on the Judiciary, and in addition to the Committee on Ways and Means, for a pe- riod to be subsequently determined by the speaker. in each case for consideration of such provisions as can within the Jurisdic- tion of the committee concerned. By Mrs. CAPPS (for herself and 14rs. Jo AN:. DAvis of Virginia)' H.R. 1142. A bill to amend title 5, United States Code, to create a presumption that disability of a Federal employee In fire pro tection activities caused by certain condi- tions is presumed to result from the perform- ance of such employee's duty; to the Com- mittee on &location and Labor -St By Mrs. CHRISTENSEN: H.R. 3,148. bill to author./e the Secretary 01 the Interior to lease certain lands in Vir- gin Islands National Park, and for other pur- poses; to the Committee on Natural Re- sources. By Mr CLYBURN for himself. Mr. HONER, Me NoRT0N, Mr MELANCON, Mr. JEFFERSON, Mr. TAYLOR. Mr. THoNiPsoN of Mississippi. Mr. BAR- H(at. Mr. BERRY, Mr. HISHol, of Geor- gia. Mr. ElliiiMENAUER. Ms. BoRTIALLo, H18113 Ms. CoRRINE BROWN of Florida. Mr. BUTrEliiikil.1). Ms. CARSoN. Mrs. CHRIsTENsEN, Ma. CLARKE, Mr. CLAY. Mr. CLEAVER. Mr. CONYERS. Mr. CROWLEY, Mr CUMMINGS, Mr. DAVIS. of Alabama. Mr Davis of Illinois. Mr ELLISoN, Mr FAIT H. Mr. Al, GREEN of Texas, Mr. GICJALVA. Mr. HASTINCis of Florida, Mr. JACKSON of Illinois, Me JACKSON-LEE of Texas. Ms. EntnE BERNICE JOHNSON of Texas, Mr. JOHNSON of Georgia, Ms. KIL- PATRICK, Ms. LEE. Mr. Leeds of Geor- gia. Mrs. MALONEY of New York, Mr. Meek of Florida. Mr. MERE); of New York. Ms. MILLEN] ildt-MCDONALD. Mrs McCaRTHY of New York. Mr. MCDERNIolT. Mr. MICHAUD, Ms. MOORE of Wisconsin Mr. PAYNE. Mr. PRICE of North Carolina, Mr. RANGEL. hex. Rosa. Mr. RUSH. Sir. scam of Georgia, Mr. SCOTT of Virginia, Ms. SUITOR, Mr. TOWNS. Mrs, JONES of Ohio. Ms. WATERS. Sir WAIT. Ms WATSON. Ms. WOOLSEY. and Mr. WYNN), H.R. 1144. A bill to waive the ion- Federal share of the cost of certain disaster assist- ance provided in connection with Hurricanes Katrina and Rita. and for other purposes; to the Committee on Transportation and Infra- structure By Mr CRAMER for himself and Mr ADERHY. H.R. 114 establish the Muscle Shoals Nat -e Area In the State of Atelier+ ether purposes, to the Commit' .. Resources. H.R co end membership of the Unite the United Nations: to the Comm. Affairs, By Mr. CROWLEY (for himself, Mr CANTOR, Mr PONDER, Of. and Mr. REY NOLDs)- H.R. 1147. A bill to amend the Internal Rev enue Code of 1906 to simplify certain prove sion. applicable to real estate investment trusts, and for other purposes, to the Com- mittee on W..ys and Means. By Ms. DELAURO (for herself, Ms. Km,- TUX. Mr MCDERMOTT, Mr. GEORGE. MILLER of California. Ms Margot, Ma. BERKLEY. Mr. ORIJALVA, Ms. Woorsry, and Ms. McCottUM of Min- nesota,: H R. 1148. A bill to establish the Food Safe- ty Administration to protect the public health by preventing food-borne illness. en- suring the safety of food. improving research on contaminants leading to food borne ill- ness, and improving security of food from in- tentional contamination, and for other pur poses, to the Committee on Energy and Com merce, and in addition to the Committee of Agriculture, for period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee con earned. By Mr. DREIER for himself, Mr. SCHIFF, Mr. CALVERT, Mr. RICKtioN, Mr. HERGER, Mr. Isms Mrs. BONG. Mr RORK ABAcHER, Mr. GALLEGLY. and Mr. GARY r. MILLER of California). H R. 1149. A hi.. to amend title 18. United States Code, to protect federally funded pub- lic safety officers; to the Committee on the Judiciary. By Mr. EMANUEL Ifor himself. Mr. CRAMER. Mr. MCDERMOTT, Ms. KIL- PATRice Ms. JACKSON -LEE of Tenant. Mr. Sem ER. Mr. ,JOHNSON of Georgia, Mr. SHERMAN, Mr MORAN of Virginia. and Ms MATSUI &WAIN). A bill to establish the Commis sion or, Economic Indicators to conduct r I "we . . i MI1 to Bo' ' a a it ,w hurelgo 41. swillP se, March 4, 2008 CONGRESSIONAL RECORD -HOUSE Your mercy. Enable us. as Your free children, to move and act with respon- sibility. facing the consequences of all our decided words and actions today. Give us faith. Lord, which is strong enough to sense Your presence in our midst and bold enough to seek Your holy inspiration in our ordr 'ed routine. Then. in partnership wito one an- other, empower us to broaden the field of justice and establish a Nation of mu- tual understanding and trust. So let us give You glory today and every day of our lives 'Amen THE JOURNAL The SPEAKER pro tempore. The Chair has examined the Journal of the last day's proceedings and announces to the House her approval thereof. Pursuant to clause 1. rule I. the Jour- nal stands approved. Mr BISHOP of Utah Madam Speak- er. pursuant to clause 1. rule i. I de- mand a vote on agreeing to the Speak- er's approval of the Journal. The SPEAKER pro tempore. The question is on the Speaker's approval of the Journal. The question was taken, and the Speaker pro tempore announced that the ayes appeared to have it. Mr. BISHOP of Utau. Madam Speak - et. I object to the vote on the ground that a quorum is no present and make the point of order that a quorum is not present. The SPEAKER pro tempore. Pursu- ant to clause 8. rule XX. further pro- ceedings on this question will be post- poned. The point of no quorum is considered withdrawn. PLEDGE OF ALLEGIANCE The SPEAKER pro tempore. Will the gentleman from Pennsylvania (Mr. Prrrs) come forward and lead the House in the PI 1,;e of Allegiance. Mr. PITTS led the Pledge of Alle- giance as follows' I pledge allegiance to the Flag of toe United States of America. and to the Repub- lic for which it stands. one nation under God. indivisible, with liberty and pasties for all. ETHANOL WILL SAVE US ALL' Mr POE asked and was given per- mission to address the House for 1 minute ) Mr POE. Madam Speaker. they told us that ethanol from corn would save us all- -save us from global warming and dependence on foreign oil, but It just isn't so. The rush to till up more farmland may turn out to be a crop disaster. Science Magazine reports that "using good crop land to expand biofuels will increase global warming." The reason is. now farmers will need to plot under more forests and massive gresslands to grow enough of that "savior" corn. But doing so will release carbon stored in plants and soils The new evidence Ind ides. -after taking into account worldwide land use changes, corn-based ethanol will in- crease greenhouse gasses by us stag- gering) 93 percent compared to gasoline over a 30-year period." It is only logical that if farmland once used to grow corn that we eat is used to grow corn that we burn as fuel. more land will he heeded for both agri- cultural production and ethanol pro- duction. So here comes the big wipe out of massive amounts of land, all to sub- sidize an unproven, unpredictable in- dustry that is potentially hazardous to our health. And that's just the way it is. FISA (Mr PITTS asked and was given per- mission to address the House for 1 minute and to revise and extend his re- marks.) Mr PITTS. Mr Speaker, the 21-day PISA extension that our friends on the other side of the aisle fought hard to pass 2 weeks ago would have expired this week This extension was the Dem- ocrat alternative to a permanent bill to provide our intelligence community with the tools they need to fight the war on terror, and yet we still have not voted on the bipartisan Senate bill. er any alternative bill for that matter. We've done nothing. I believe this exposes the Housg lead- ership's plan for what it is. an abdica- tion of their duty to provide (stir intel- ligence community with ,the tools needed to protect the United States. It has been 17 days since the Protect America Act Aspired. Ip the words of the Democratic (*airman of the Senate Intelligence Co 1 our intel- ligence gathering c Wales have al- ready been -degraded. Contrary to what soriie say. there is H1191 With best wishes, I ant Sincerely, LORRAINE C. MILLER, Clerk of the House 2008 NATIONAL DRUG CONTROL STRATEGY-MESSAGE FROM THE PRESIDENT OF THE UNITED STATES (H. DOC NO 110-98) The SPEAKER pro tempore ! lid be- fore the House the following message from the President of the United States: which was read and, together with the accompanying papers, without objection referred to tne Committees on Armed Services, Education and Labor. Energy and Commerce. Foreign Affairs. Homeland Security, the Judici- ary. Natural Resources, Oversight and Government Reform. Small Business. Transportation , and Infrastructure. Veterans' Affairs. and Ways and Means and ordered to be printed. To the Congress of the United States: I am pleased to transmit the 2000 Na- tional Dreg Control Strategy, con- sistent with the provisions of section 201 of the Office of National Drug Con- trol Policy Reauthorization Act of 200o. My Administration published its first National Drug Control Strategy in 2802, inspired by a great moral impera- tive we must reduce illegal drug use because. over time. drugs rob men, women. and children of their dignity and of their character. Thanks to bi- partisan support In the Congress: the work of Federal, State. local. and trib- al officials, and the efforts of ordinary citizens. II years later fewer Americans know the sorrow of addiction We have learned much about the na- ture of drug use and drug markets. and have demonstrated what can be achieved with a balanced strategy that puts resources where they are needed most. Prevention programs are reach- ing Americans in their communities. schools, workplaces. and through the media. contributing to a 24 percent de- urgency in this matter. e are losing cline in youth drug use since 2001 out on obtaining new and volving in- Today, approximately 860.000 fewer telligence to enable our fig against young people are using drugs than in terror. There are enough vote in the 2001. We have expanded &coca to treat- House to,: pass the bipartisan nate men in public health settings, the bill. It's time for the Speaker to erg criminal justice system, and in sectors the legislation up for a vote. of society where resources are limited. The Access to Recovery program alone extended treatment services to an tional 190.000 Americans. exceeding its ear goal by over 50 percent. We COMMUNICATION FROM THE CLERK OF THE HOUSE The SPEAKER pro tempore laid be- fore the House the following commu- nication from the Clerk of the House of Representatives: souSE or REPRERKS-FATIVES. Washington. DC. March 3. 1006 Hon. NANC1 PEWS!, The Speaker, House of Repeesentatttes. Washington. DC. DEAR MADAM SPEAKER Pursuant to the permission granted in Clause 'Rh. of Rule II of the Rules of the U.S House of Representa- flees I have the honor to transmit sealed envelope received from the White House on March 3. 2008. at '2-92 pant and said to contain message from the President whereby he submits the gild National Drug Control Strategy have illegal tickers an need to CO During the fi zed unprecedented amounts of s and have denied drug traf- terrorists the profits they 'let their deadly work. three quarters of 2007 we saw signifies disruptions in the cocaine and met phetamine mar- kets, with prices rim by 44 percent and 73 percent. and purl les falling by 15 percent and 31 percent. respectively. These results do not mean that our work is done. Rather, they provide a charter for future efforts. By pursuing a balanced s tegy that addresses the epidemiology of drug use and the eco- nomics of drug availability, we can fur- ther reduce drug use in America -a ' ment a CONGRESSIONAL : thank the Congress for its suivort and ask that it continue this noble work on behalf of the American people. GEORGE W. RUSH. THE WHITE HOUSE, March 3. 20011 ANNOUNCEMENT BY THE SPEAKEP PRO TEMPORE The SPEAKER pro tempore (Mr BLI'MENALERI. Pursuant to clause 8 of rule XX, the Chair will postpone fur- ther proceedings today on motions to suspend the rules on which a recorded vote or the yeas and nays are ordered, or on which the vote is objected to under clause 6 of rule XX. Record votes on postponed questions will be taken after 6.30 p m today. . AUTHORIZING SECRETARY OF IN TERIOR TO LEASE LANDS IN el- VIRGIN ISLANDS ' NATIONAL PARK Mr RAHALL. Mr. Speaker. I move to suspend the ruler and pass the bill (H.R. 1143) to authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park. and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R 1143 Be it enacted by the Senate and House Rep- resentatives u the United States of America in Congress assembled. 911C1706 I. 01eFINITIONN. In this Act. the following definitions apply SECcErAits -The term 'Secretary" means the Secretary of the Intenor. 12) 1114 -The term "RUE" means the re- tained use estate entered into by the Jackson Hole Preserve and the United States on Sep- tember 30 1943 (3) Pick -The term "park" means Virg: It lands National Park (41CBI -The term "CBI" means CBI Animas tions. LT.0 (9) RE, °kr - The term "Resort" means Caneel Bay Resort on the island of St, John in Virgin Islands National Park. SSC. & SUSS A(aRESSUNT la) ALTricreactnu.% --The Secretary may enter into a lease agreement with CBI go, erning the use of property for the continued management and operation of the Resort (b) ADDITIONAL Liears .- Any lease entered into pursuant to this Act shall include the prop erty covered by the RUE and any associated property owned by CBI donated to the National Partc) CTerElt"C' Teases -The Irate agreement authorized finder subsection tat shad- (I) require that operations and maintenance of the Resort are cor.ducted in a manner con *Learnt with the preservation and conservation of the resources and values of the Park as welt as the best interests of the Resort. (2) be for the minimum number of years peat Rouble to enable the lessee to secure financing for any necessary improvements to the Resort. taking into account the financial obligations of CBI, but in ant event skull not exceed I0 years, (5) prohibit any transfer, assignment or sale of the le or otherwise convey or pledge any in- Serest he lease without prior written nausea twin tv and approval by the Secretary, (4) prohibit any increase in the number of guest accommodations available at the Resort. 13) prohibit any increase in the overall site of the Resort. RECORD-HOUSE (b) prohibit the sale of partial ownership shares or timeshares an the Resort, (7) be designed to facilitate transfer of at property covered by the lease to Federal sewn.( titration upon expiration of the lease. aria 18) include any other provisions determined by the Secretary to be necessary to protect the Park and the public interest (d) APPNAISALS -The Secretary shall require appraisals to determine the fair market 'slue of all property covered by the RUE and any prop- erty, including the value. if any of the rune), den d term of the RUE, owned by CBI to lee do netted. or otherwise conveyed, to the National Park Service Such appraisals shall be 'un- ducted pursuant to the Uniform Appraisal Standards for Federal Lana acquisition. re, ("eraPiteesseco,.-- (1) Lt GEW(AI. -The lease authorised by this Act shall- (A) require payment to the United Slates of the property's fair market value rent, taking Into account the value of any associated prop- erty transferred by CBI as well as the ru,ae any, of the surrendered term of the Rill- till Include a provision- (i) allowing recalculation of the (mutate! the payment required under this subsection, at the request of the Secretary or CBI. in the went of extraordinary unanticipated changes in condi- tions anticipated at the time the lease was Axel toed, and (a) providing for binding arturahok in the event the Secretary and CBI are unable toupee upon an adlustment to the payment in these cir- cumstances (2) DISTRIBI TIf /.4. -Mishit) percent of the pay ment to the United States required by this sub- section shall be available to the Secretary with out further appropriation. tor expenditure with in the Park. She remaining twenty pewee shall be deposited in the Treasury (.1) APPLICABILITY cis cElexcln LAS. -Section 121 of the Act of lune 10, 1932 (IC ('.SC 13021. relating to the leasing of buildings and property of the United States, shall not apply to the lease entered into by the Secretary pursuant to this Act. may, RETAINED IRE &AMTS. As a condoner. of the lease. CBI shall relin- Posh to the Secretary all rights under the RUE and transfer. without compensation, ownership of improvements covered by the RUE to the United States. The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from We. Virginia (Mr. RAHALL) and the gentleman from Utah tMr. Hisser) will each control 20 minutes. The Chair recognizes the gentleman from West Virginia. GICN KRAL. LEA'. Is Mr. RAHALL Mr. Speaker. I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and in- clude extraneous material on the reso- lution under consideration. The SPEAKER pro tempore Is there objection to the request of the gen- tleman front West Virginia? There was no objection. Mr. REYES Mr. Speaks I wish to commend our distinguished colleague from the Virgin Islands. a valuable member of our Committee on Natural Resources and the ,..nainvoman of our Insular .affairs Subcommittee, DONNA CHRISTEN,' EN. for sponsoring the pend- ing legislation. H.R. 1143. The bill would authorize the Nat.onal Park Service to continue its successful relationship with Cancel Bay Resort. March 4, 2008 ensure that park resources are pro- mots, and allow the resort to under- take needed maintenance and improve- ment programs that will benefit visi- tors to Virgin Uteri' National Park and the Caneel Bay Resort well into the Wore. Congresswoman CHRISTENSEN de- serves our thanks for her work in en- suring that visitor services at Virgin Islands National Park are available and that resources are protected. I fully support passage of the pending bill and urge its adoption by the Hot se today. Mr. Speaker. I reserve the balance or my time. Mr. BISHOP of Utah. Mr. Speakor. 1 rise to speak on H.R. 1143 and yield my- self such time as I may consume. This has been adequately explained by Chairman RAHALL. We support this Mr. Speaker. I have no additional speakers. and I yield back the balance of my time Mr. REYES. Mr. Sneaker. I yield such time as she may consume tc, the gentlelady from the Virgin Islands. Dr. CHRISTENSEN. Mrs. CHRISTENSEN chairman for yielding. Mr. Speaker. I rise in cf course. strong support of H R. 1143. legislation I introdu, id to authorize the Secretary of the Int nor to enter into a new ar- ratigeneuit, a lease with the owners of Caneel Bay Resort in my congressional district. I want to also thank Chairman RA- HALL as well as Chairman CIRLIALVA for not only supporting the passage of this bill. but for traveling to my district to see for themselves the importance of Caneel Bay to the island and to the people of St. John. Mr. Speaker. Caneel Bay traces its roots to Laurence Rockefelllr's coming to the island of St. John in 1952. He purchased the then-existing resort fa- cilities and also acquired more than 5.000 surrounding acres to protect the area In 1956, he donated the additional land to create the Virgin Islands Na- tional Park At the same time, he cre- ated Caneel Bay Resort. comprising 170 acres. which continues to complement and to be environmentally consistent with the natural beauty of the park's setting. Mr. Rockefeller subsequently decided to transfer the land underlying Caneel Bay to the National Park Service, while retaining the improvements and continuer., the Caneel Bay operations. He accomplished this through he exe- cution of a series of unique agreements generally known as a retained use es- tate, or RUE. H K 1143 became necessarybecause the RUE is slated to expire in 2023. and its current owners require more than the remaining 15 years to provide the capital and long-term financing nec- essary to reverse the decline of the fa- cilities over the years and to return it to the grandeur an-1 stature that it de- serves I thank the H119.2 (1) m 1 . \ . legislation it _........_._ March 4, 2008 CONGRESSIONAL RECORD -HOUSE Mr Speaker. other than the Virgin Islands National Park, Cancel Hay Re- sort is perhaps the slrele most impor- tant entity to the tourism-based econ- omy of St. John and it't also impor- tant to the economy of the Virgin Is- lands in general. It is not an exaggera- tion to say that Cancel hay helped to establish the U.S. Virgin Islands, and the Island of St John "t particular, as a major tourist destination point. play- ing a prominent role in the island's economic renaissance of the mid-1900s. 1415 Since its founding in October of 1956. it has been and remains a paradise of choice for get idiot's of families. many of whom return every year. It's also the largest employer on St. John. employing approximately 475 workers, many of whom spend their en- tire career spannire two or three dec- ades, and some even more than that as employees of Caneel In conclusion. Mr Speaker. I want to thank the Natural Resources staff U.- rector. Jim Zola. and the staff of the National Parks Forest and Public Lands Subcommittee. in particular former staff director Rick Healy and current staff director Dave Watkins. for their hard work in making it pos- sible for H.R. 1143 to be on the :boor today. I also want to thank the full committee ranking member. Dos; YOUNG. and subcommittee ranking member, Ros BISHOP, and their staffs - pt for their support as well. I urge my colleagues to support the passage of this bill, which is very im- portant to the economy of the Virgin Islands. Mr. RAHALL Mr. Speaker. I yield back the balance of my time. The SPEAKER pro tempore The question is on the motion offered by the gentleman from West Virginia (Mr. RAPALA.) that the House suspend the rules and pass the bill. H.R. 1143. as amended The question was taken. The SPEAKER pro tempore. .e opinion of the Chair. two-third. wiling in the affirmative, the ayes have it. Mr. BISHOP of Utah. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX and the Chair's prior announcement. further proceedings on this motion will be postponed. NEVADA CANCER INSTITUTE EXPANSION ACT Mr. RAHALL. Mr. Speaker. I move to suspend the rules and pass the bill (H.R. 1311, to direct the Secretary of the Interim- to convey the Alta- Hualapal Site to the city of Las Vegas, Nevada. for the development of a can- eer treatment facility, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R 1311 Be it enac.ed by the Senate and House of Rep resentatives of the noted States of America in (*.impress covembled, Mental 1. SHORT TITLE, This Act may be cited as the "Nevada Can- Institute Expansion Act". SEC. 2. DEMNITKRM. In this Act; tl) ALTA HIALAPAI srrit --The term "Alta - Malaga Site" means the approximately 80 acres of land that is- 1 ) patented to the City under the Act of June 14, 1926 .commonly known as the "Recreation and Public Purposes Act"; 143 U.S.C. 888 et seq t. and (B) identified on the map se the "Alta- Hualaral Site". (1) CITY. -The term -City" means the city of Las Vegas, Nevada. (3) INsT:TUTIL.- The term "Institute'' means the Nevada Cancer Institute. non profit organization described under section Micah of the Internal Revenue Code of 1988, the principal place of business of which is at 10441 West Twain Avenue. Las Vegas. Ne- vada. 11, MAP -The term "map" means the map titled "Nevada Cancer Institute Expansion Act" and dated July 17.2008 (51 SEcRrrARY --The term -Secretary- means the Secretary of the Interior. acting through the Director of the Bureau of Land Management ogi WATER msTRICT -The term "Water Dis- islet means the Las Vegas Valley Water District. MK. 1 LAND CONVEYANCE. 'a) SURVEY AND DISNIPM-11.1,1 - The city shall prepare survey and legal descrip- tion of Alta-Hualapal site. The survey shall conform to the Bureau of Land Management cadastral survey standards and be subject to approv..l by the Secretary b) ACCIPTANCK -The Secretary may ac- the relinquishment by the City of all or rt of the Alta Hualapal Site (t., CONVEYANCE FOR USE AS N, ,N PROFIT CANCER Imerrn-rt -After relinquishment of all or part of the Alta- Hualepal Site to the Secretary. and not later than 180 days after request of the Institute, the Secretary shall convey to the Institute. subject to valid ex- isting rights, the portion of the Alta- Hualapal S'te that is necessary for the devel- opment of non profit cancer Institute. (d. ADDITINAL CoNVEYANCES.-Not later than 180 days after request from the City. the Secretary shall convey to the City, sub- ject to valid existing rights, any remaining portion of the Alta Hualapal site necessary for ancillary medical or non profit use com- patible with the mission of the Institute let AFTLICAPI.E. 1.A`A Any conveyance by the City of any portion of the land received under this Act shall be for no lees than fair market value and the proceeds shall be dis- tributed in accordance with ction item 1 of Public Law 106-163 1112 Stat. ".345). If) TRANSACTION COSTS -All land conveyed by the Secretary under this Act shall be at no cost, except that the Secretary may re- quire the recipient to bear any costs /moil aced with transfer of title or any necessary land surveys. (g) nlipoire - Not later than 180 days after the date of the enactment of this Act. the Secretary shall submit to the Committee on Natural Resources of the House of Rep- resentatives and the Committee on Energy and Natural Resources of the Senate a report on all transactions conducted under Public Law 105-383 ;112 Stet 2343,. tick. a IlltafTWOV-WaY. Consistent with the Federal Land Policy and Management Act of 1976 143 U 8 C. 1701), the Secretary may grant rights of way to the Water District on portion of the Alta- Hualapal Site fora flood control project and water pumping facility IMMERSION. Any property conveyed pursuant to this Act which ceases to be used for the purposes H1193 specified in this Act .t the discretion of the' Secretary. revert le Unite.! States, along with any impro. talents thereon or thereto The SPEAKER pro tempore. Pursu- ant to the rule the gentleman from West Virginia (Mr. RAHALL.) and the gentleman from Utah (Mr. BISHOP each will control 20 minutes The Chair reco,nizes the gentleman from West Virg, GEN NAYS Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days i which to revise and extend their remarks and I - elude extraneous material on the n o- lution under consideration. The SPEAKER pro tempore. Is there objection to the request of the gen- t1 man from West Virginia? There was no objection. Mr. RAHALL. Mr. Speaker. H.R. 1311, introduced by our colleague from Ne- vada, Representative SHELLEY BERK- LEY. authorizes the Secretary the In- terior to convey 80 acres of land in Las Vegas. Nevada, to the nonprofit Nevada Cancer Institute. The bill also author- izes a limited ccnveyance to the city of Las Vegas for the development of med- ical facilities affiliated with the cancer institute. I commend our colleague, Represent- ative BERKLEY. for her leadership on this matter and her willingness to work with the committee to address number of issues raised with the legis- lation. support passage of H.R. 1311 and urge its adoption Ii'. Mr. Speaker. I rent my time. Mr. BISHOP of Utah. Mr Speaker, I rise to speak on H.R. 1311. and I yield myself such time as I may consume. This has also been adequately ex- plained by Chairman RAHALL. We sup- port this legislation. I would like to note that this legislation is an example of how local control of public laud ben- efits our communities. and I hope the majority will support us as we explore similar toys to empower cur constitu- ents. Mr. Speaker. I have no further re- quests for time, and I yield hack the balance of my time Mr RAHALL. Mr. Speaker. I yield back the balance of my time. The SPEAK) tempore. The question is on .notion offered by the gentleman from West Virginia (Mr. RAHALL.) that the House suspend the rules and pass the bill. H.R.. 1311, as amended. The question e 'is taken The SPEAKER pro tempo' e. In the opinion of the Chair, two-thirds being in the affirmative. the ayes have it Mr BISHOP of Utah Mr. Speaker, on that 1 demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX and the Chair's prior +neon^ ement further proceedings on this demon will be postponed ante of ' 0 cer grui:I. t t lla 'if LKOAL I t` Minas . ro c ' le - Mal tie, alti S. I -..- H1194 CONGRESS I ON A L RECORD - HOUSE PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL ENHANCE- MENT ACT OF 2000 Mr. RAHALL Mr. Speaker. I move to suspend the rules and pass the bill (H.R. 3111, to provide for the adminis- tration of Port Chicago Naval Maga- zine National Memorial as a unit of the National Park System. and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows. H.R. 3111 Be it tread by the Seitat and House of Rep ettsextattggs of the rolled States of America in rename assembled iirCTION I. SHORT TOLL This Act may be cited as the "Port Chi- cago Naval Magazine National Memorial En hancement Act of 2006" altt'. a. PORT CHICAGO NAVAL NAGAZ/NE NA. TIONAL MEMORIAL Section 203 of the Port Chicago National Memorial Act of 1992 (Public Law 102-562: 16 U S C 431, 106 Stat 4235) is amended- by redesignating subsection o as sub- section if). 12i by inserting after subsection lb, the fol- lowing new subsections "Ici AOMININTRAoN --The Secretary of the Interior shall administer the Port Chi- cago Naval Magazine National Memorial as a unit of the National Park System in accord mace with this Act and laws generally appll cable to units of the National Park System. including the NaVonal Park Service Organic Act ide Stat. 535: 16 USC 1 et seq i and the Act of August 21. 1935 149 Stat 666. 16 U.S C 461 et seq.). Land transferred to the adminis- trative jurisdiction of the Secretary the Interior under subsection idi shall be meant% Uttered in accordance with this subeect t. '(di THANNFER oF LAsn --The Secretary Defense shall transfer a parcel of land. ca Misting of approximately 5 acres. depict. within the proposed boundary on the map 1) tied 'Port Chicago Naval Magazine Nation. Memorial, Proposed Boundary'. numbered 0111110,007 and dated August 2005. to the ad ministrative jurisdiction of the Secretary of the Interior if the Secretary of Defense de- Leonine. the.- do the land is excess to military needs. and"di all environmental remediation actions necessary to respond to environmental con taznination related to the land have been completed in accordance with the Com- prehensive Environmental Response. Com, pensation. and Liability Act of 1960 142 U.S C 9601 et seq and other applicable laws -le) AGREEMENT WITH CITY or CONCORD AND EAST NAV KIWI, its A 1. PARK DISTRICT. -The Secretary of the Interior is authorized to enter into an agreement with the City of Concord, California. and the East Bay Re glottal Park District, to establish and oper- ate facility for visitor orientation and parking. administrative offices. and curato- rial storage for the Memorial.": and 031 in subsection ti. ias redesignated by paragraph 11 1. by striking "Secretary of the Navy to provide public oxen to the Memo riaL" and inserting "Secretary of Defense to provide as much not' case as possible to the Memorial without interfering with n teary needs " sit'. 3. siesta Or COWMEN@ ON REDVDIATION AND REPAID OF POKY cHICAGO .AVAL MAGAZINE NATIONAL MEMO- RIAL 1 al REMEDIA moo -It is the sense of COD frees that. In order to fa agitate the land transfer described in subsection idi of see tion 203 of the Port Chicago National Memo- I ON AL, emo- rial Act of Dark as added by section 2. the Secretary of Defense should promptly reme date remaining environmental -Gnomons tion related to the and tie REPAIR --If is the sense of Congress that in order to preserve the Port Chicago Naval Magazine National Memorial for to tore generations, the Secretary of Defense and the Secretary of the Interior should work together to - l, repair storm damage to the Port Chi- cago site, and (11 develop a process by which future re pairs and necessary modifications to the site can be achieved In as timely and cost effec- tive s manner as pouf isle The SPEAKER pro temp r Pursu- ant to the rule. the gentleman from West Virginia iMr. Rattail.) and the gentleman from Utah (Mr. Bishop). each will control 20 minutes. The Chair recognizes the gentleman from Worst Virginia. GENERAL LEAVE Mr. RAHALL. Mr. Speaker. I ask ,, unanimous consent that all Members/ 1.ay have 5 1 - ive days in which to revise and ex. their remarks and 41- :lode extrane material on the moo- 'unto undies !oration The 8P EAKi ' tempore. Is i1 ^e oble r wa to tin 'quest of the dome. rrearn West , insane? There was no r'.iec tion. Mr RAHAI Mr. Speak . I am pleased to to .0 the Hope for its consideration . - legislation that's sponsored by the toemer thairman of the Committee on Natural Resources and current chairman' of the Oom- mittee on Education Anti Labor. Rep- resentative Growth ,I,Ohtthi. : bill tirovidee that the Port Chi- Naval M a.is nil., Memorial be grad a u of the National Park 'tem. Curre tly. the area is man- aged as an affiliated bite by the Na- tional Park Service. On July lf. 1944. 320 men. 202 of wi.ont w, African American sailors, were killed in, an explosion at the Port Chi cago Navy ammunition loading base in the in Francisco Bay area. This was the Unrest he' land disaster during World War IL 1993. Congress designated the Port Chicago Naval Magazine Memorial The pending measure furthers that commitment by providing that the Port CI sago Naval Magazine Memo- rial be aged as a unit of the Na- tional 1' 'stem Mr Sp- I ogee support for H R. 3111. and 1 submit "tie following ex change of letters for R -:cor ii. Hut: tile or REM r. . CATIVIts, commiertx us AI.MED SKiiiteEti. Washinglos. DC. January 31. 2008 lion NICK J. Rose i. R. (lawman; Committee , Augural Reamer, ea Washington. DC LUIS MR. CHAIRMAN: On October 10. 2007. the Committee on Natural Resources ordered ER 3111. the "Port Chicago Naval Magazine National Memorial Enhancement Act of 1007. to be reported. As you know, this measure contains certain provisions that are within the jurisdiction of the Committee on Anne, ' - ,er. and thus. was sequentially Went - rommitte.- n Armed Sera lees .liamenturta, for the House. March 4, 20013 Our Committee recognizes the importance of H.R. 3111 and the need for the legislation to move expeditiously. Therefore. while we have valid claim to jurisdiction over this legislation, the Committee on Armed Sere. wee will waive further consideration of H 3111 I do so with the understanding that by waiving further consideration of the bill, the Committee does not waive any future Juris- diction& claims over similar measures. In the event of a conference with the Senate on reserves t right to seek the appointment of Armed this bill. Committee on Services conferees uld/appreciate the inclurion of this let- tut' anti * copy c of the response in your Corn !tittle.* report on H.R 3111 and the Congres- sional Record during consideration of the measure on the House floor Very truly yours. lice SKKiroN. Clow neon. -- - HOLM. 1w Ft Lent> it...cravings. MMITTEE ON NATURAL REs, iidecKs. Washington, DC, February 5, 2008. Hon. lick SKELTON. Chairman. Consulter ea Armed Senores. Washington, DC. DEAR MK. CHAIRMAN Thank you for your willingness to expedite floor consideration of H R. 3111. which provides for the adrninnitra. tion of the Port Chicago Naval Magazine Na- tional Memorial as unit of the National Park System. I appreciate your willingness to waive rights to further consideration of H.R. 3111, and am pleased that mutually agreed upon language was developed for this legislation. Of course, this waiver does not prejudice any further jurisdictional claims by your Com- mittee over tale legislation or similar Ian guage Furthermore. I agree to support your appointment 01 conferees from the &tee on Armed Services if a con (crow, field on this matter. Although the Committee's report on H R. 3111 has already been filed. this exchange of letters will be inserted in the Congressional Record as part of the consideration of the bill on the House floor Thank you for the cooperative spirit in which you have worked regarding this matter and others between our respective committees. With warm regards, I am Sincerely, NICK J. KASAI,. U. Chairman Mr. Speaker. 1 reserve the balance of my time. Mr. BISHOP of Utah. Mr. Speaker. I rise tc speak on II R. 3111. and I yield myself 15 seconds The chairman has adequately ex- plained the bill lela a good bill. Mr GEORGE MILLER of California. Mt. Speaker. I test tri support OI two Port Chicago ment Act a bill that ensures the 'lodes of Naval Magazine National Manorial Enhance- Part Chicago will be preserved and Stat late site well be property maintained for genera* Is coos. This bill well increase the Na' Memorial s provide addi110, Sof services and her, ensure long-ter as- ervallon of the site The (on before us today c ,u11 of months Of diligent and combo for which I want to thank Charms. RA- Hatt. of the Natural Resources Corn and ranking member Doe. YOUNG; Chairman Raul gawky' of the National Parks. Forests and Public Lands Subcommittee. and racking member Roe BISHOP. Chairman lei SAE. TON of the Armed Services Committee, and rank- ing member DUNCAN Seismic and the (3) of '. . \ " I 1- en . '1 . t. b it. the sv ! .0.4b request f Car ss la -o- r I Kitt A /// t March 4, 2008 CONGRESSIONAL RECORD- HOUSE ,'ay a reality The Jupiter Inlet Lighthouse Out- sti_m-Jrng Natural Area Act serves as an exam- ple c' what local governments working to- gether an do. The commitment to this histor- ical wows* free' officials and volunteers from Palm Beach County. the Town of Jupiter, the Village of Teguesta. and the Lorahatchee River Historical Society is truly remarkable I would specifically like to recognize the ef- forts of Palm Beach County Commissioner Karen Marcus and Mayor Karen Csplonka from the town of Jupiter. Their leadership and vi- sion have been invaluable on this project The Jupiter Inlet Lighthouse is more than a beacon of light that guides manners to Safety- it is a monument to Florida's history and a symbol of our community Since the ligts- Wats construction in 1860, it has played an important role during military conflicts and has facilitated commerce up and down the East Coast Designed by Lieutenant George Meade, who would later become famous for his serv- ice during the Civil War the light allowed for vessels to safely travel down Florida's coast carrying cargo to new markets in the Carib- bean During World War II, the keeper dimmed the light in order to protect Allied war- ships traveling off the coast of Florida tram German U boat erases Today, the light still guides boaters safely home The National Landscape Conservation Sys- tem. and Troia specificall the Outstanding N. / .ea resignation. was created in 2000 by tr._ Has ment of the Interior in an effort is . -4t the management needs of our Nations puu'v. lands and historic treasures In addition to fts setter management practices the system prom 'es, the designation helps to spur tourism and pared educational opportu- nities in surrounding communities It is important to rite that the area des- ignated by this bill as an Outstanding Natural Areas much more than the lighthouse H R t922 also seeks to protect and better coordi- nate the management of the more than 100 acres surrounding the historic structure This land hike the lighthouse. has historical. cul- lura/, aril environmental value. For example, the area was first used oy Native Americans over 4,000 years ago Likewise. in the 1ffh Century Europeans first made contact with this area This lighthouse and the surrounding area Ii mar. P much more than a historical mark- er It has become a symbol of this community.. woven into the fabric cf our culture. even ap- pearing on the town of Jupiter's seal I recently received a letter from a student Jupiter High School detailing why the I t- house is special to her She says in the Iekter I often reminisce about the days my Rirents used to take (me] to the area when y was a dild and due to these tops my love Ibt nature and its protection first started to blossom.- Today. she is a member of the, Jupiter High School Environmental Research and Field Studies Academy It is important that we pre - serve this structure and continue to give chit drer the opportunity to explore their history and learn about the environment In closing. I would like to thank Chairman RAHALL and Subcommittee Chairman GRJAI.VA for their support throughout this process Mr Speaker I urge my eggnog... sup- port H.R. 1922. the Jupiter Inlet Lighthouse Outstanding Natural Area Act Mr. BISHOP of Utah, Mr Speaker, I yield Lack the balance of my time Mr. RAHALL. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore The question is on the motion offered by the gentleman from West Virginia (Mr. RAHALL) that the House suspend the rules and pass the bill. H.R. 1922. as amended. The question was taken; and (two- thirds being in the affirmative) the rules were suspended and the bill. as amended, was passed. The title was amended so as to read: "A bill to designate the Jupiter Inlet Lighthouse and the surrounding Fed- eral land in the State of Florida as an Outstanding Natural Area and as a unit of the National Landscape Conserva- tion System, and for other purposes.- ,A motion to reconsider was laid on tire table. WRICMT BROTHERS-DUNBAR N TIOI.V0 HISTORICAL PARK Ti S- IONA N ACT Mr. RA L. Mr. Speaker. I ve to suspend the rules and ass a bill H.R. 4191) to esignate Day .n Avia- tion Heritage in the State of ers-Dunbar Natio Park'', ational Hist tic Park to as "Wr ht Broth- I Histo cal and for other purpo The Clerk read the The text of the bill H.R. 41 be if enacted by the See resenlattres of the C.'ntt Congress assembled. SECTION 1. SNOW T This Act may Brothers-Dunbar Designation Act' SEC. I. MMHG Ng P tai REDE Act to eats age Natio Ohio. an tober 16 11( b Natio poa bar of the bill. follows. d House of Rep- o./ America in cited as ational Hinter TION OP DAIMON AGE NATIONAL "Wright al Park Arlo.. -The Act titled ish the Dayton Aviation He Historical Park in the State o or other purposes-. approved 0c- 902 1106 Stat. 2141). I. amended- striking "Dayton Aviation Heritage 1 Historical -Park" each place it ap- and inserting -Wright Brothers-Dun- ational Historical Park by redesignating subsection tbi of see- a 106 as subsection (ci, and (Jr by inserting after subsection (a( of sec- tion loft the following new subsection "obi GRANT ASSISTANCE.- -The Secretary is authorized to make grants to the parks' partners. including the Aviation Trail. Inc . the Ohio Historical Society, and Dayton His- tory, for projects not requiring Federal in- volvement other than providing financial as- 'latent e subject to the availability of appro- priations in ads race identifying the specific partner grantee and the specific project. Projects funded through these grants shall oe limited to construction and development on non-weders1 property within he bound- aries of the park. Any project funded by such a grant shall support the purposes of the park. shall be consistent with the park's gen- eral management plan. and shall enhance public use and enjoyment of the park.-. it, REFERENCE, -Any reference In Any law (other than this Act), map, regulation, Jocu ment. record. or other official paper of the United States to the 'Dayton Aviation Her- itage National }Historical Park" shall be con- littered o be reference to the -Wright Brothers-Dunbar National Historical Park" TON CAl. H1203 NEC. 3. NATIONAL AVIATION SEIUTAGE .4,11F.A. Title V of division J the Consolidated Appropriations Act, (16 L.' S.C. 1132 note. Public Law LOW r7), is ended- ( 1 i in section 343); by striking "104" and inserting "504" 121 In section Si. Ii, by striking "106" and inserting "506' . Si 1 in section (bra( and try t as subsection (4( w ec and inserti The S ant t, West gent eac by striking subsection estimating subsection 112i, and on NZ( bs 11, by st ri kin :t "106' RAKER pro tempore Pursu- he rule. the gentleman from irginia (Mr. RAHALL) and the Man from Utah ( M . BISHOP) will control 20 minutes. e Chair recognises the gentleman f m West Virginia. MINERAL LEAVL Mr. RAHALL. Mr. Speaker. I ask unanimous consent that all Members may have 5 legislative days In which to revis nd extend their remarks and in- chide ...anemia material on the reso- l-tion under consiaeration. The SPEAKER pro tempore Is there ohiection to the request of the gen tleman from West Virginia? There was no objection. Mr. RAHALL. Mr. Speaker, H.R. 4191, introduced by our colleague Represent- ative MICHAEL. TURNER of Ohio, would change the Name of Dayton Aviation Heritage National Historical Park in Ohio to the Wright Brothers-Dunbar National Historical Park. The bill also sets conditions under which the Sec- retary 01 Interior may make grants to the park's partners A contemporary of the Wright broth- ers in Dayton was poet Paul Laurence Dunbar. The house that Dunbar pur- chased for his mother is part of Dayton Aviation Heritage National Historical Park. The Wright brothers and Paul Laurence Dunbar are each featured prominently at this park and this re- eeignation of the park as the Wright others Dunbar National Historical k will provide equal weight to both ere important stories. pport passage of H.R. 8 a, iopt.c 7. aker. I reserve the balance of P of 4191 and urge Mr. My tim Mr. HI' OP of Utah. Mr. Speaker. I rise to s k on H R. 4191, and yield myself such ime as I may consume. This does %hangs the name of the Dayton Aviat n National Park to re- fleet more ace ately the individuals being commemo ted at this site and the role they pla in the history of aviation in this co try. Addition/ Ily. this new name desert s the park's pur- pose I thank my colleague in Ohio (Mr. TURNER for bringing thfli bill to us. It is an excellent bill, and I time its adop- tion. Mr Speaker. I yield such dime as he VRNER), T the sponge ir may consume to the gentle an from the Ohio (Mr. bill. Mr. TURNER. Mr. Speaker. I runt to thank National Parks. Forests and Public Lands Subcommittee Chairman . tit I fr Star t.. A Kieft . ' 0 of s n I ', CONGRESSIONAL RECORD- HOUSE Getienava and Ranking Member Ms Roy. as well as Natural Resources fell com- mittee Chairman RAHALL and Ranking Member YOUNG. for their support in bringing this bill to the floor today. H R. 4191. the Wright Brothers-Dun- bar National Historical Park Designa- tion Act. is identical to H.R. 4612 from the 109th Congress which passed the House Committee on Resources h unanimous consent on June 21. 2006. t renames the Dayton Aviation National Historic Park as the Wright Brothers- Dunbar National Historical Park. In 2002, Chairman and Federal Judge Walter Rice of the Dayton Aviation Heritage Commission appointed a com- mittee made up of commission mem- bers to make recommendations regard- ing the name of the Dayton Aviation National Historic Park. The committee held several hearings and solicited continents from bust- mares. government. stakeholders. neighborhood and citizens groups on the name change. Based on the public comments. the committee rec- ommended to the commission that the name of the park. Dayton Aviation Heritage National Historical Park, be changed to the Wright Brothers-Dun- bar National Historical Park. Following input from the commu- nity. that committee recommended to the commission that the name of the park be changed to the Wright Broth- ers- Dunbar National Historical Park. which was approved by the full com- Motion and the National Park Service in 2003. The commission recognised a number of reasons for the name change. line new name establishes a clear connec- tion to the universally recognized Wright brothers, the inventors of the airplane. and the new name also c ates better link between the park anti the primary park assets. All four of th park sites. a majority of interpretive exhibits and media at the park sites de- scribe the accomplishments of the Wright brothers and the first recog- nized African American Poet Laureate. Paul Laurence Dunbar. Finally. the new name also estab- lishes a better distinction between the park and the new National Aviation Heritage Area. The new name of this park will truly be a reflection of Dayton's heritage. that of innovation and creativity. The Wright brothers' airplane and Dunbar's famous poems are two Maori, assets which make Dayton a great place to call home. It is fitting that the new park name pays homage to Dayton's hometown heroes. Paul Laurence Dun- bar and Orville and Wilbur Wright It is also important to note that tit, National Heritage Park in Dayton is unique in that it is a scattered site na- tional park and it works wits regional partners to advance the park's mission. The Park Service partrors with "Day- ton History" at Carillon Park and Wright-Patterson Air Force Base to provide maintenance and program as- ace for park assets Both entities contain different parts of the natioeal park The right Flyer Ill. the world's first practical airplane. is boated at, Carillon Park. and the Huffman Prairie Flying Field, where th. Wright .rothers perfected located on the gri ads of [''right -Pat terson Air Force Base. This bill author izee grant fund.ng to thane partner in ganizations to ensure their continued cooperation with the Park Service in fulfilling the mission of the perk. Mr. Speaker. today's bill is the result of a community process which ices re- sulted in an improved and more appro plate name to a regional asset. a name which reflects Dayton's true heritage. While Ohio is the birthplace of avia- tion. Dayton is the birthplace of the first airplane and the birthplace of Wright-Patterson Air For Base. where 1 million people every year visit the National Museum of the United States Air Force. Dayton's future is bright, with over 1,000 jobs headed to Wright-Patterson Air Force Base as a result of 2005 PRAC process, and It will continue to be a leader in American innovation. Mr. Speaker, the Wright brothers and Paul Laurence Dunbar would be proud of the accomplishments in their home- town, and I ant proud today to speak for this bill, which will honor their leg- antes. Mr. BISHOP of Utah. Mr. Speaker. once again I encourage adoption of this excellent bill, and I yield back the bal- ance of my time Mr. RAHALL. Mr Speaker, I yield back the balance of my time The SPEAKER pro tempore The question is on the motion offered by the gentleman from West Virginia Oar. RAHALL) that the House suspend the ilea and pass the bill. H.R. 4191. The question was taken. The SPEAKER pro tempore. In the ,anion of the Chair. two-thirds being in the affirmative. the ayes have it. Mr BISHOP of Utah, Mr Speaker. on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX and the Chair's prior announcement. further proceedings on this motion will be postponed. PECESS The SPE AKE., pro teMPore. Pursu- ant to clause Mai of rule I. the Chair declares the House in recess until ap- repel" tely '31:1 p.m. today. Ace. ed.n.rly tat 2 o'clock and 55 min- utes p.m.). the House stood in recess until approximately 6:30 p.m a 1830 AFTER RECESS The recess having expired the House was called to order by the Speaker pro tempore iMr. DONNELLY I at 6 o'clock and 30 minutes p.m Mare- 2008 DISPENSING Wr's Ci aENDAR WEDNESDAY B1 . 1SS ON TO- MORROW Mr SCOTT of Geoa,.a. Mr. Speaker. I ask unanimous consent that the busi- ness in order under the Co. render Wednesday rule be dispensed with to- 'morrow. The SPE..K.! pro tempore. Is there objection to the request of the gen tlernan fret Georgia" There was no objection THE ..OURNAL The SPEAKER pro tempo's. Pursu- ant to clause 8 of rule XX. the unfin- ished business is the question on agree- ing to the Speaker's approval of the Journal which the Chair will put de novo The question is on the Speaker's ap- proval of the Journal. Pursuant to clause 1. rule I, the Jour- nal stands approved. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX. proceedings will legume on motions to suspend the rules previously postponed. Votes will be taken in the following order: H.R. 1143. by the yeas and nays: H.R. 1311. by the yeas and nays; H.R. 816, the yeas and nays The vote on H.R. 4191 will be taken tomorrow The first electronic vote weal be con- ducted as a 15-minute vote. :mamma electronic votes will be corducted as 5- minute votes. AUTHORIZING SECRET 1RY OF IN- TERIOR TO LEASE LANDS IN VIRGIN ISLANDS NATIONAL PARK The SPEAKER pro tempore. The un- finished business is the vote an the mo- tion to suspend the rules and pars the bill. H.R 1143. as amended. on which the yeas and nays were ordered. The Clerk read the title of the bill. The SPEAKER pro tempore The question on the motion offered by the gentle Mali from West Virginia (Mr. RAHALLI that the House suspend the rules and pass the bill. H K 1143. as amended. The vote was taken by electronic de- vice, and there were --yeas 378. nay: 0, Lot voting 50, as follows [Roil No 881 YEAS -378 final Wager' A. Item.. Btalds In Htlhr.y .Adt t hutt Bunn, SC Billtstiv Barrow Bishop Allen Bartlett MD. }inmost NY Barton TX Bishop L'T Andpr Bean 1414,It burn A .,r, ttn. EtturnenAuet titon Blunt Ii.,. Swiss Reran. Fittehner t Bonn. s H1204 ' fagot. s o , , ' ".3 - Aber, rota.* A le land.. MA) Altmirr Berkley Berry -mh. - March 4, 2008 CONGRESSIONAL RECORD -HOUSE H1205 Bono Mick Dolmen M Nernr. goner Town. Watt Canto Hodes Nadler Mammon SI, lt ,,It y 'Icto, Tasman Wean, in Copps Hoekstra Napolitono Boom Goodlatte Mete.. Spelt Turner Welch ,...r. . Capon. Holden Neal i MA, Sewell Clotdor Mica Stark Udall, Coo Westmoreland Cert.. Holt Neugebauer Bout her Graves Michaud steams Udall this() dealer Carter Honda Nunes Mouton, Grimly Miller, MI 1 Stop., Upton Whitfield t ICY . Castle ',miry Oberst.. Boyd, FL, Nall illY, Miller INC, Sullivan Van Holler Wilson .NMI Castor Moyer Obey Boyer t KS, Hare Miller, Gary Sutton Vel.quez Wilson ;OH) Chabot Hoover Ulcer Brady (PA) Harman Miller. George Tan, redo Viscloskv Wilson 1SC) Chandler Melts , SC , Pall.* Brady . Tx , }laming. 'FL, Mitchell Tea. her Pothers Wittman i VA, Clark. lulu Parnell Retry IA. Hastings , WA . Mounter Taylor Walden t di , Toll Clay 'west Pantos MOM 10A) Haves Moore ;KS, Terry Walsh . N Y , Cleaver lama Paul Wu Brown 1SC, He, , Moore :WI) ihornmon ,CA , Wats t MN' Clyburn Jackson ilL Payne Brown. Corrine Merger Moran ,KS, Thompson MS) hemp Wynn Coble Jefferson Pearce Buchanen /terse. handles Moran t VA I Thurnberry Wariserrn. Vermont Cohen lobo.. t GA, Pence Buyer !Berme Murphy ;CT, Teen Shultz Young, AK, Cole i OX , Jones INC, Perlmutter Canal Hill Murphy. Patrick Tlberi Waters 1 sung F. Conaway Jordan Peterson I MN) Camp (I) )(Whey Murphy. Tim Tenter Late. Cooper Marla Petri Campbell t CA, Illnosesa Murtha NOT VOTING --SO Cute Kaniorski Pickering Cannon Hirano Mummy, Costello Kaput Pitts Cantor Hobson Myrick Akin Green. Gene Peterson (PA, Courtney Ksnnedy Platte Cunt. Hodes Nadler Brown Watt. Out ierrez Itadanovich Cramer Kildee Poe Capps Hoekstra ?twine °, (tinny Hall ,TN Razed Crenshaw Kilpatrick Pomeroy Canna. Holden Neal ;MA, Bump, Henaa ling Rena, Crowley Kind Porter Pardon Holt leonine° Burton ;IN, Helen/ Reyes ennui Kink IA, Price ,GA, Carter Honda Nunes butterfleld Jackson Lae RodriKuez Curios! King iNT) Price ;NCI Castle Manley °newer 1. ern.. ,T:: goo.), Al.. Cense. Klovcton Pry,. I OH, Cuter Boyer Obey Carney Johnson ,DL! Rush Cummins KIrK Putnam Chabot Hunter Giver [mom Johnson. E B Sessions Davis , AL, Klein IFI.. Ronal] Chandler Inglis (NCI Pelham Deal 10A) Johnson. darn Mean Doyle t( A I Kline, MN. Hanna.. Clark. Ingle. Pawn° menu Jones ,OH, Simpson Doris !IL, Knolls/Om s Roans Clay Israel Pastor Eve-ett Keller Tanner Mete ,KY, Kuhl (NY , Rehberg Clearer Is. Paul Faille K winch Dana.David Lailerd Reichert Clyburn Jackson (IL, Payne Fortenberry Merchant Wether Dena. Llamas Lamborn lic) Wads Coble Jefferson Pearce Gingrev Meek ,FLI Weklon I n.., lays, Tom LAMM Richardson Cohen Johnson LOA, Pusan Gonzales Meeks 'NY, Weller drum Larson Wow. , EY 1 Cole iota Jones ;NC) Perlmutter Granger Miller !EL, Woolsey Doper le Larson (WA, Rovers 'MI) Green. Al Ortiz Conaway Jordan PetersontMN, IN. Intuit LIMB (CT) Rotrabacaer Cooper Hagen Petri Deleuro Leann floe Lehtinen OWN Kasiorski Pickering f1 1859 Dent LeTeivette Reakern Costello Captor Pima Mr. MeHENRY chanted his vote from P"" """art L' Was Iwo Courtney Kennedy Platte I,IAL Masan. M Lee Rothman Cramer Wilder Poe ''nay" to 'yea." Peke Leila Neybal.Allard Crenshaw Ki teethe k Pomeroy So (two-thirds being in the affirms- other)! Leyte (CA) Weans Crowley Kind Porter tine), the rules were suspended and the DormeHY Luria (GA, Pingerglesger Cobol King AA, Price ;OA , bill. as amended. was passed. posious lost. (itr Inn Milo Culler King 'NY, Price int', Doyle Linder Ryan iWIl Colliers., Kingston Price OH, The result of the vote was announced Drake Lipinski sear Cumming. Kirk Putnam as above recorded. Dreier Lefties*, Soh Davis t AL) Klein Ir., Rebell A motion to reconsider was laid on 1Xliulin Loebeack Sandra. Linda [torte ICA) Kline INN) Remota! the table. Edwards Lotgren. Zoe T. Davis, IL, Knol Imbue 'meals Ehlers Lower Such's. Loretta Davis, CY, Kuhl, NY, .chtery Ellison LUCY, barium's Davie, David leHooci Ha when Ellsworth Loiterers. Deane.' Sexton Davis. Lincoln Lamborn Reynolds NEVADA CANCER INSTITUTE Emanuel E Schekowsky Davie. Tom Lampoon Richardson Emerson Lined Scldfr Derosto Lenges/1n Rogers INT EXPANSION ACT kneel Mack Sarnia Depot.. Lustre ;WA , Rows all The SPEAKER pro tempore. The un- Fault. , PA, Manort.y , MI Schsrarts Delahunt Larson i CT, Ruh... her Maloney INT) Scott 10A) DeLauro Latham Roo Lent men finished business is the vote on the mo- Kth,":,,t,,, Mansullo Scott tYa Deft LaTourette MOM tion to suspend the rules and pass the Farr Markey Senunbrenner IllasHalart. L [Alta Roos bill. H.R. 1311. as amended, on which F°"nh Mutated Serrano Dias- Baler. Id Lee Rothman Feeney Matteson Sestet the yeas and nays were ordered. Dicks Levitt RoYdO-1,,ard Ferguson *Paul Shaded , Deign' Lewis , CA , Royce The Clerk read the title of the bill. Ftlner Mi r'hy , CA shays Donnelly Lewis, GA Koppel sherser The SPEAKER pro tempore. The Flair McCarthy , NY. sit Porter Doolittle Lewis, anti Ryan ., di tau(Miti..t is on the motion offered by IF.:,'''''',;,, nikcssi .TX, Sherman Doyle Linder Ryan Al. McCollum, MN, Staler Drat* Lipinski salami the'. .:.leman from West Virginia (Mr. 1.::: SAC otter (Muster Dreier Lu:iumlo San K' that the House suspend the Plank ,MA, McCrory Sires Mama 'oebuck bench, Lade rt: . I pants the bill. H.R. 1311, as ',Law. AZ' Al McDermott Stenos Edwards Learn@ Zoe T amended. Prelim ,)yarn Menovern Slaughter Mere Lowry Benches Loretta. a;lev,i Maker, WNW INN) kl Own Lucas liartranee This will be a 5-minute vote. sanest. Moline, Smith ,NJ1 Ellsworth Lima's*. Daniel Saxton The vote was taken by electronic de- Gerlu h mast', Smith ITX) Inman AI E Schalidasky vice, and there were- -yeas 377. nays 0 G'ff'r" McKeon Sauth , WA gmegrele Lends Schiff CIi. hired McMcirris Snyder Illegal Lock ',Moult not voting 51. ,s follows: Gtiliti.1 asap,. Solis Knell= (PA, iiAC410, (11.) Scnearu Litoli No RI (1,, h !nett Mc Harney louder Sire garbs*, MO Scott 07 5, Goody whirl%) Space VEAS--377 Itheriene Moose, lo Scott (VA) ' ....let t e *Mamma Span Farr swim assasslinassr shss rt rn hi Net en Sewell , locdon Mica Stark Mistab Maisliall Somas A Mamma Berkley Boucher graves Midland Stearns Pecan lliallmses Sestet Ste 01 i *riven Boost., 'lripalva Miller dill Stop. Presume Meow UMW none*. Berry Hood ,FLI Hall NY, Miler !MCI Sutton Maw McCarthy MA) Slay. Allen Flitost, Porn. ,glen Mere Miller, Gary Tam redo Flute McCarthy (WTI Shea Porter !IMAM) Hilton* Brady ,PA) Parana' Miller. George Tweeter Focbes McCall (TX) SWIM., Andrews Hiliralos Brady ,TIO Bestow (FL, Mitchell Taylor Para. McCollum IMNI stoles Arran Bishop . GA . Wale) .1A) Hump t WA , *.blob. Terry Fou lid _cotter Manner Ha, a Bishop, NY, Bro. t GA) Hams Moon, KS, Thompson ICA) Frank, MA, NL.-Crery 1411, Bach not, n Bishop ,IT, Brown NCI Heller Moore ,W11 Thompson t MO. Franks n All McDermott Skelton Beams aisle... Bit -n. Corrine Hearer Moran 1551 T.iornherry Frelingbuysen Boilers. !Naught. Baird Lumen.. lee Iola. Hereeth sandlot Moran NA, Tuthrt usually McHenry Snot INN) L .den Blunt anger Hike's Murphy' i CT, Teen Gatrett 4 NJ, WNW, : mitt, NJ. garnet ,PC, rioehner Calvert Rio Murphy. Patrick Twenty Gerlals McIntyre Smith fill) Hal o Boner Camp ,MI, Luba Murphy. Tim Teen Gifford, McKeon Smith 11'.1 Bartlett , STD P tso Mace Campbell ICA, Minot.. Murtha Tams. Oilchrest MeMorris nine Mint )111(1 I otrnar Cannon it run, Musgrave Turner Uillibread Rodger soh, Hear, F .rem Cantor NONA). Myrick Udall CU, 4 A 5- te, I UwwW . , . .. is - , - . r ' ) ' . Ir a r ,.L./ o AO ,IP . ' 0 . , t . S Jr f n .,, i _ n ta, U a I . . 1 . ' , V 9 1. *4. .140' k * 4# .1.11P 9 1 c ft V 44 0 Op * / 44 fro `.. Of 1 V"- ) .1) J s 41. a v. v. 44. A I .10 t .t. f SINS CONGRESSIONAL RECORD - HOUSE 1'4.11 (NMI;, Colon Van Wean "Mammas Viselealit7 -Mee .0R. P. alsh Was INN. Pomp Akin Drown Waite 9 Ames IA.:ma till, %Myeloid Z..lernahmi Career Conyers Deal 'GA Dairen Beelet Ilietwatarry Oman, Oesseloo Oracle Green. Al W,morMile Selena l.te:11 Wean Watt Waimea Welch VT, Wa.tmoremad Weller Whit Bed KY, NOT VOTING--S1 Creel Oen Gut terns Nail TX Hemerltre Malabo( Jackson Lao ,TX' Johaem IL/ 'Mime& It II Jammu. Ram /one (OW loll'. Km Midi Mara lust Meek FL/ Mead. NT, Mill, FL, Ortiz Wilson SW Wilma OH, Wilson SC, Wittman Wolf Ws Wynn Utmost& Toes. Tour* 41.1 Peterson Radaweetch Came Renal laMes RalNtas S ums (AL. in i *auto. S logan tTNlier Truer Weld, trio Weller Weolwn ANNOUNCF.MISKT 1 PK alMAKIlt Mail MI The SPEAKER pro tempore (during the votes Members are advised there are 2 minutes left in this vote j 1907 So two-thirds being in the affirma- tive) the rules were suspended and the bill, as amended. was passed The title was amended so as to read: "A bill to provide for the conveyance of the Alta-Hualapai Site to the Nevada Canter Institute, and for other pair- poses.'' A motion to reconsider was laid on the table. MESSAGE FROM THE PRESIDENT A mtseage in writing from Mt Presi- dent of the United States was :ammo- nicated to the House by Mr Sherman Williams, one of his secretaries ORCHARD DETENTION BASIN FLOOD CONTROL ACT The SPEAKER pro tempore The un- finished business is the vote on the mo- tion to suspend the rules and pass the bill. H.R S16. as amended. on which the yeas and nays were ordered. The Clerk Arad the title of the The SPEAKER pro tempore. The question is on the motion offered by the gentleman from West Virginia (Mr. RAHALL, that the House suspend the rules and pass the bill. H.R. 916, as amended. This will be a 5-minute vote The vote was taken by electronic de- vice. and there were-yeas 375. nave 0. not voting 53. as follows Abercrombie Ackerman Adertiolt Alexander Alive Altaiirgt Andrews Amon Ratio iiu'h mann (Roll No 90) YE tS - -YTS sake. Baird Bald. Barrett 'SC, Yves Bartlett ,14131 Barton 'TX, Bean Sown fatekley Berman Herm. Rigger. Nil).., !linnets Bisbop ,OA Bishop NY 1 op, UT, P' ..,burn B I.. mermen Meat Malmo Sooner Bono Mack & '.*man Boren Boswell Boucher Bousrani Bova .1.. 'novae AIM it id,. TX. Dream IA Brown 01 Brown SC /Mown Corrine B uchan*. Rover C cell Canto MI Campbell C Cannon Cantor Care enemas Caren. laver Coati. Cuter Chat,.! Chandler Clarke Clay Cleave Coble Cohen Cole OK' cameos Cooper Costa Costello Courtney Crafter Creoles Crowley Cuban Cuellar Colberron Cummings Darn' AL Cams CA Dart. Davis 'KY. Davis. Dived Darts !devote Davis. Tom Dorm° DeGette (Value' Daimon Dent Diu -Retort, L Dias &Hart. !.I I .,Its Maud] Donnelly D omittle Doyle Prate Peeler D AMEN FA 41 Kiloton EI tutor h Emanuel tinware°. Engel Enoch PA. Emboli Etheridge Parr Fat ton Feeney /arum. Flake Forties owan. Foal Frank MA' Franks All relinithuysen 0.11011, Genoa N.1' Gerlach till. h Cklunprt ems. (hamlet Di Gordo, Oren. mare Hall 'NY, Hare Harman Hest iurs rt. Hastings 'et. Hay, Hers, EMMA Sandler HUTU. Hill Macho. meccas Hiroo° Holes Hie tetra *Aden H. It Honda Root., Hover Hunter Dulls SC' Instep brut lase team IL Jefferson Johns. .0 A Jones NC Jordan Kane. Kant nski bald. Kennedy mew Kilpatrd t Kind King It, net NY Cameos Kirk Klein FL. Kline inlet Knolenbeni K uhl INT. Leaned tam born tampion Londivin Larson 'MA Lori. ten Lathun LaTourefM LAtI Lee mew Lewis ICA, Lamm .0A Lawns IKY Limiter Llptnekt LoOMele Leonean' Levee Zoe Lowey Loose Lessee. Pans, F. Lynch Mask Mahoney FL Maloney NT Manse llo Marker Marshall Munition Mates' McCarthy 'NY' Weald 'TX' McCollum MN I Notate., lechery McDermott McGovern McHenry McHugh Wet Mc Moen. Rodgers M Horner Mt Multi %Clem on PAIr Michaud Miller Miller MC. Miller Gary Miller George Mitchell Moll du Moore Moore VII Moron Ka, Moran VAI Murphy CT) Murphy Patrick Murphy Tim Murtha Mammy. Moro Nadler MAMMAS. Noel MAI Neturemaer Nubia [Welter Obey trivet PI ion. Pummel' Pastor Paul Payne Pearce Pears P.m. Peterson MN Petri Pickering Pitt. Platte Pomeroy Porter Prier S(' Pry,. OH Rohe,' Ha Ad !regal Rey hers Redrawn. Reynold. J11. Wier., KA Noce, asps. (Ml) N1'r :larder ems.. iectram Raul Rothman H rhOol Allarl Rupimmbenrer Hy in OH AV. ad, Relater Sal Sue lea lands T Sen. bet Lamm garner.. death. mama. Schiff Schrnldt Schwartz Scott Scott ,VAI Seneenbeenner Serra.° Seetok %Widen Shays Shea Porter Sherman Abele, Shunter Sires irk. Slaughter soma 'NE, am* (NJ, Smith Mil Smith Snyder An11,1 Solider Sparc Swat! Stark Stearns Wuhan *aline nett.' Pawnee Tsurcher Taylor Terry Thontrui CA Thumps* IMSI Titans cry 'Mart Tiber, Akin Brown Walt* Gina. Bores. Burton I IN, Butterfield Amman. Carney Conyers Deal .0A, Durum safety Pales rortuabwry Gomm". Granger Omen. Al Green flelle March 4, 2008 Tenon Tows. 'None. Turner than I I ram, tidbit Leto. Van Hellen Valise. VW. looks Oltklotn (Oita Visa-a MY Wale MN %tromp WIL110,11..1 m hula Rums atone Watt Waimea Welch tT TOMIALAA Weaker WOOheId ,KY. Wilson (NMI Wile°. ION) films 'maims lVA. Wolf We dyne Yermuth Young MI, Tones FL NOT VOTING --53 Out owner Peterson IPA, Hall Price 10A) Homed i nu %Mean.< h Mulatto( Heard 31141[90/1 Lee TX. Johnson aLl Johnson Sant Ione. 'OH' Keller Kee arch Merchant McCertity tCal McIntyre Mist CPU Waft OM Miller arta Onus MINS Pane lloIrliwou Rants I ALI Rush Sensineng Maine Stir Roe Tanner Me. ner Weldon I nal Weller woolen uuNtwuCIMIIIIIT ST THE 'WEAKER PRn TEMPOILI The SPEAKER pro tempore (during the vote) Members are advised there are 2 minutes remaining in this vote 1915 So (two-thirds being In the affirma- tive) the rules were suspended and the bill. as amended was paused The .exult of the vote was announced as stove recorded. A motion to reconsider was laid on the table. PERSONAL EXPLANATION Mrs JONES of Ohio. Mr Speaker, due to events tn my district I mil miss voles today Had I been present. I would have voted as fol- lows H R. 1143. to authorize the Secretary of the interior to lease certain lands to virgin Islands National Park, and for other purposes- -yea." H.R. 1311, to direct the Secrtary of the Into- nor to convey the Alt, Huelva Site to the City of Las Vegas. Nevada. for the development of a caner treatment faceity-"yea " H 1 816. to provide for the release of cer tam land from :he Sunrise Mountain hobo Study Area m the Slate of Nevada and to grant a right-of-way across the released land for the construction and maintenance of a Rood control prefect-yea." PERSONAL EXPLANATION CONYERS. Mr Speaker. I look a leave of absence foggy. Had I been in attendance I would have voted as follows Yea"-H.R 1143-to authorize the Sec- retary of Interior to teems certain lands in vir- gin Islands Maori 'Park and for other pun poses (Representative ChliniTENSt N-Iffilral Resources) 'Yea'' --H. H 1311-to direct the Secretary M the Int** convey the And ruampat to the city of Las Vegas Nevada. for the de- velopment of a cancer treatment Samos Mims resentativt EFF4,;-, --Natural Resources) Si de 1(k) tail (.mg I Porn. IPA/ ahmaliu. Ruda. an 111 P511 * bill. 4 . Wally MAI Capita Clybuni Mew* Gifford. wawa.) MINN Non.. N . 3 MAI (5BI Paw Putaani se Waltutre (TX) Jobamon a alarm Mr. See P ew m (SC, 110TH Co:stute.s1 I REIN /RT 2d Session HOUSE OF REPRESENTATIVES 110-532 TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO LEASE CERTAIN LANDS IN VIRGIN ISLANDS NATIONAL PARK, AND FOR OTHER PURPOSES FERRI. ARV 28, 2008 -Committed to the Commuter of the Whole House on the State of the Union and ordered to be printed Mr. RAHALI from the Committee on Natural Resources, submthed the following REPORT ITo accompany KR 114.11 'Including cost estimate of the Congressional Budget Office) The Committee on Natural Resources, to whom was referred the bill (H.R. 11430 to authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other pur- poses. 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: RRITION I. DEFINMONS In this Act, the following definitions apply SEcartaar -The term "Secretary" means the Secretary of the Interior f2i RUE.-The term 'RUE" means the retained use estate entered into by the Jackson Hole Preserve and the United States on September 30, 1983. 131 PARK. -The term 'park" means Virgin Islands National Park. CBI -The term "Car means CBI Acquisitions. LLC. iAr Restart. -The term "Resort" means Caneel Bay Resort on the island of St. John in Virgin Islands National Park. tips 1. MANE 'a, AITHORIZATION --The Secretary may enter into a lease agreement with CBI governing the use of property for the continued management and operation of the Resort AUDIT!, AAL LANDS. -Any lease entered into pursuant to this Act shall include the property covered by the RUE and any associated property owned by CBI do- nated to the National Park Service. cl TERMS. -The lease agreement authorized under subsection a shall-- 11 require that operations and maintenance of the Resort are conducted in a manner consistent with the preservation and conservation of the resources and values of the Park as well as the best interests of the Resort: (I) (41 AGREEMENT. 89-1108 4 a " .b. r 2 (2) he for the minimum number of years practicable to enable the lessee to secure financing for any necessary improvements to the Resort, taking into ac- count the financial obligations of CBI. but in any event shall not exceed 40 years, (3) prohibit any transfer. assignment or sale of the lease or otherwise convey or pledge any interest in the lease without prior written notification to and ap- proval by the Secretary; 141 prohibit any increase in the number of guest accommodations available at the Resort, (5) prohibit any increase in the overall size of the Resort; 161 prohibit the sale of partial ownership shares or timeshares in the Resort; (7) be designed to facilitate transfer of all property covered by the lease to Federal administration upon expiration of the lease; and (SI include any other provisions determined by the Secretary to be necessary to protect the Park and the public interest. (d) APreAissi.s -The Secretary shall require appraisals to determine the fair market value of all property covered by the RUE and any property. including the value, if any. of the surrendered term of the RUE. owned by CBI to he donated. or otherwise conveyed, to the National Park Service. Such appraisals shall be con- ducted pursuant to the Uniform Appraisal Standards for Federal Land Acquisition (e( ( OMI""NSATI, II IN GENERAL -The lease authorized by this Act shall- - 4A1 require payment to the United states of the property's fair market value rent, taking into account the value of any associated property trans- ferred by CBI as well as the value, if any, of the surrendered term of the RUE: (13) include a provision- ( I 1 allowing recalculation of the amount of the payment required under this subsection. at the request of the Secretary or CBI, in the event of extraordinary unanticipated changes in conditions anticipated at the time the lease was finalized, and (ill providing for binding arbitration in the event the Secretary and CBI are unable to agree upon an adjustment to the payment in theme circumstances. 121 Docraitii.Tiii. --Eighty percent of the payment to the United States re- quired by this subsection shall be available to the Secretary, without further ap- propriation, for expenditure within the Park. The remaining twenty percent shall be deposited in the Treasury. 131 APPLICARILIn CERTAIN LAW -Section 321 of the Act of June 30, 1932 (40 U.S.C. 13021. relating to the leasing of buildings and property of the United States, shall not apply to the lease entered into by the Secretary pursuant to this Act. SEC. 3. RETAINED USE ESTATE. As a condition of the lease. CBI shall relinquish to the Secretary all rights under the RUE and transfer. without compensation, ownership of improvements covered by the RUE to the United States PURPOSE OF THE BILL The purpose of H R. 1143 is to authorize the Secretary of the In- terior to lease certain lands in Virgin Islands National Park, and for other purposes. BACKGROUND AND NEED FOR LEGISLATION Caneel Bay is a luxury resort operated pursuant to a Retained Use Estate (RUE) on federal land within Virgin Islands National Park. The RUE expires in 2023, when any improvements on the land will revert to the National Park Service. The current holder of the RUE has embarked on major renova- tions to Caneel Bay. However, the operators claim that the remain- ing life of the RUE does not afford sufficient time to provide the capital and attract the long-term financing for the improvements which are necessary to reverse the recent decline of the facilities at the resort. Ln t.9 or 1 r 3 H.R. 1143 authorizes the Secretary of the Interior, after expira- tion of the RUE, to enter into a lease with the holders of the RUE for continued operation of the resort on terms and conditions deter- mined by the Secretary to be reasonable. COMMITTEE ACTION H.R. 1143 was introduced on February 16, 2007, by Rep. Donna Christensen ( D -VI). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on National Parks, Forests, and Public Lands. On October 30, 2007, the Subcommittee held a hearing on the bill, during which the Administration testified in support of the bill's concept but re- quested the opportunity to work with the Committee regarding the bill's provisions. On February 13, 2008. the full Natural Resources Committee met to mark up the bill. Subcommittee Chairman Rail] Grijalva (D-AZ) offered an amendment in the nature of a substitute that re- tained the original intent of the bill while placing additional condi- tions on the lease authority authorized under the bill. The Grijalva amendment was adopted by unanimous consent. The bill as amend- ed was then ordered favorably reported to the House of Representa- tives by unanimous consent. SECTION-BY-SECTION ANALYSIS Section 1. Definitions Section 1 defines the terms used in this act. Section 2. Lease agreement Subsection 2(a1 authorizes the Secretary of the Interior to enter into the lease agreement with the current operators of Caned Bay Resort. Subsection 203( defines the property covered by the lease. Subsection 2(0 sets the terms of the lease. In particular, Section 2(c)1 requires resort operations and maintenance to be consistent with the preservation and conservation values of the Park and the best interests of the Resort. Section 2402 sets the term of the lease as the minimum number of years necessary for the lessee to secure financing for improvements to the Resort, not to exceed 40 years. Section 2(03 prohibits any transfer or sale of the lease by the cur- rent lessee without approval by the Secretary. Section 2104 pro- hibits any increase in the number of guest accommodations at the Resort. Section 2(05 prohibits expansion of the size of the Resort. Section 2(06 prohibits the sale or ownership of timeshares in the Resort. Section 2(07 states that the lease shall be designed to fa- cilitate transfer of all facilities to Federal management upon expi- ration. Section Deltil permits the inclusion of other provisions deter- mined by the Secretary to be necessary to protect the Park and the public interest. Subsection 2(cli requires the appraisal of all property covered by the RUE as well as any property to be donated or otherwise con- veyed to the Federal government. Section bell requires the payment of fair market value rent to the United States by the lessee and permits recalculation of the rental payment in the event of unexpected circumstances and arbi- tration if the Secretary and the lessee disagree upon adjustments 4 to the rental payment. Section 2(e)2 requires that of the rental payments be made available without further appn priation for ex- penditure within the Park and the remaining 20% deposited in the Treasury. Section 3. Retained Use Estate Section 3 directs the lessee to relinquish to the Secretary all rights under the RUE and transfer, without compensation, owner- ship of improvements covered by the RUE to the United States. COMMITTEE OVERSIGHT FINDMGS AND RECOMMENDATIONS Regarding clause 2(1(11 of rule X and clause 34 cl4 1 of rule XL of the Rules of the House of Representatives, the Collimate. on Natural Resources' oversight findings and recommendations are re- flected in the body of this report. CONSTITUTIONAL AUTHORITY STATEMENT Article I, section 8 and Article IV, section 3, 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 34d521 of rule XIII of the Rules of the House of Representatives requires an estimate and a compari- son by the Committee of the costs which would be incurred in car- rying out this bill. However, clause 3(d)(3)411 of that rule provides that this requirement does not npply when the Committee has in- cluded in its report a timely AL tinted cost estimate of the bill pre- pared by the Director of the Congressional Budget Office under sec- tion 402 of the Congressional Budget Act of 1974. 2. Congressional Budget Act. As required by clause 31012) of rule XIII of the Rules of the House of Representatives and section 3081ai of the Congressional Budget Act of 1974, this bill does not contain any rew budget authority, spending authority, credit au- thority, or an increase or decrease in revenues or tax expenditures. 3. General Performance Coals and Objectives. This bill does not authorize funding and therefore, clause 31 0(4) of rule XIII of the Rules of the House of Representatives does not apply. 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 Com- mittee has received the following cost estimate for this bill from the Director of the Congressional Budget Office: H.R. 1143-A bill to authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park H.R. 1143 would authorize the National Park Service (NPS) to execute a lease with the owners of the Caneel Bay Resort on St. John in the Virgin Islands. Based on information provided by the NPS, CBO estimates that implementing the bill would have no ef- fect on discretionary spending. Enacting the hill would increase both offsetting receipts (from lease payments) and direct spending of those receipts beginning in fiscal year 2009, but CBO estimates that any net effect on the federal budget would be negligible. L ti '0.4 :11, 'i s J H.R. 1143 contains no intergovernmental or private-sector man- dates as defined in the Unfunded Mandates Reform Act and would not affect the budgets of state, local, or tribal governments. Under the lease authorized by H.R. 1143, the owners of Caned Bay would continue to operate the resort, which is located within the boundary of the Virgin Islands National Park, for up to 40 years. The resort is currently operated under a retained use estate (RUE) that will expire at the end of fiscal year 2023. The RUE was granted by the original owners cf the resort when they donated the land under that facility to the NPS in 1983. The original RUE agreement did not provide for any lease payments to the federal government; the lease authorized by H.R. 1143 would. In addition, the bill would authorize the NPS to spend, without further appro- priation, 80 percent of ally new lease receipts. The CHO staff contact for this estimate is Deborah Reis. The es- timate 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. 1143 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(d), 9(ei or 91 f) of rule XXI. PREEMPTION OF STATE, LOCAL OR TRIBAI. 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. r r Pr 5 0 reorte91"....." 10,09A6 TAU 15:03 FAX 202 208 7619 INTERIOR OCL FNP 0!002 United States Department of the Interior OFFICE OF THE SECRETARY Wahirston, D C 20240 OC1 1 o nite The Honorable Daniel K Akaka Chairman. Subcommittee on National Parks Committee or. Energy and Natural Resources United States Senate Washington, D.C. 20510 Dear Mr. Chairman: Enclosed are responses prepared by the National Park Service to questions submitted following the Tuesday. June 17, 2008, hearing on H.R. 1143, Cancel Bay Resort Lease in Virgin Islands National Parks; S. 1774, Sequoia- ngrsTrnyon Wilderness Designation; S. 2255; Chisholm Trail and Great Western Trail Study; S 2359, St. Augustine Commemoration Commission; S. 2943, Pacific Northwest National Scenic Trail Designation, S. 3010, Route 66 Corridor Reauthonzation, S. 3045, Kenai Mountains National Heritage Area, and S. 3096, Cave and Karst Research Institute Amendment. Thank you for the opportunity to provide this material to the Subcommittee. Enclosure Sincer Christo Salotti Acting Legislative Counsel Office of Congressional and Legislative Affairs cc: Honorable Richard Burr, Ranking Minority Member . 80° I' n 1 y JP. V CORRECTION The previous document(s) may have been microfilmed incorrectly r 10 09 OS TR 15:03 FAX 202 218 7819 INTERIOR/ Oa United States Department of the Interior OFFICE OF THE SECRETARY Washington. D.0 20240 OCT 1 0 ZOO The Honorable Daniel K Akaka Chairman. Subcommittee on National Parks Committee on Energy and Natural Resources United States Senate Washington. D.C. 20510 Dear Mr. Chairman: FOP Enclosed are responses prepared by the National Park Service to questions submitted following the Tuesday. June 17, 2008, hear on H.R. 1143, Cancel Ba:, Resort Lease in Virgin Islands National Parks; S. 1774, Sequoia irrisTrnyon Wilderness Designation, S. 2255; Chisholm Trail and Great Western Trail Study; S 2359, St. Augustine Commemoration Commission; S. 2943, Pacific Northwest National Scenic Trail Designation: S. 3010, Route 66 Corridor Rcauthonzation; S. 3045, Kenai Mountains National Heritage Area; and S. 3096, Cave and Karst Research Institute Amendment. Thank you for the opportunity to provide this material to the Subcommittee. Enclosure Since Christi) Salotti Acting Legislative Counsel Office of Congressional and Legislative Affairs cc: Honorable Richard Burr. Ranking Minority Member none 4 . I . fa heL. 1.. .....ir < ."" '''''''' 10 09 08 THU 15:03 FAX 202 208 7e19 1NTERI0VOCL FNP Z0O3 Senate Energy and Natural Resources Subcommittee on National Parks June 17, 2008, Hearing on Several Parks Bills Questions from Chairman Jeff Bingaman: H.R. 1143 - Cancel Bay Resort Lease in Virgin Islands National Park Introduction to responses: In order to answer the questions posed by the Committee, we are providing some background information regarding the Cancel Bay retained use estate (RUE) and actions taken to date by the National Park Service (NPS). CBI Acquisitions, LLC (CBI) acquired the RUE from Cancel Bay, Inc. in 2004. In 2005. CBI approached the NPS requesting a 50-year extension of the existing RUE. CBI stated that they needed additional time on the RUE in order to make needed improvements to the property and to remain profitable and competitive in the local hotel market. The NPS is opposed to the concept of extending the RUE, and initially proposed the use of a concession contract for ooerations at Cancel Bay CBI stated that they were not interested in a concession contract, but would be interested in a long -term lease. To analyze CBI's request and NPS' options, NPS hired a consulting firm, PriceWaterhouseCoopers, and their lodging expert, Lodging Investment Advisors (LIA). LIA analyzed the main options available to the NPS regarding the RUE, including conversion to a concession contract now or at the termination of the RUE, conversion to a lease now, and a land exchange coupled with the establishment of a new RUE with CBI. LIA also explored a status quo or no-action scenario, as well as demolition of the improvements at the end of the RUE. The consultants noted the following: Given the Cancel Bay resort's condition and operating constraints. it is likely that none of the potential options available to the NPS regarding the RUE would create near-term significant financial benefit to the NPS This is because the resort experienced financial difficulties beginning in 1989 and was under bank ownership for approximately 15 years. During this period, capital reinvestment in the resort was limited and today significant deferred maintenance exists for the resort infrastructure. In addition, the resort has very high fixed operating costs. limiting profitability. There are three parcels of land owned by CBI in fee simple outside of the RUE that are important to the resort operations that complicate any resolution of these issues. The existing RUE does not provide adequate authorization for NPS oversight over maintenance and construction within the KUL. After viewing LIA's analysis. and after further conversations with CBI regarding its inability to obtain financing, the NPS reexamined its position regarding a lease. The NPS also determined that a sole-source lease to CBI would require legislation 1 it ;I a 4 li a it r -- 10A)9 08 Tilt 15:04 FAA 202 208 7819 INTERIOR 'OCL FNP final I. H.R. 1143 provides for a lease for a term not to exceed 40 years. Has the National Park Service conducted any analysis to determine what the appropriate length of the lease should be? Answer: The NPS has conducted an initial analysis. However, the final determination of the term would occur as part of any negotiation, and in accordance with the language of the statute authorizing the lease. 2. It's my understanding that a concession contract may not exceed a tern of 20 years. Have companies providing lodging services in national park system units under concession contracts been able to obtain financing for capital improvements" Answer Yes, concessioners have been able to obtain financing. 3 H.R. 1143 requires the Secretary of the Interior to require appraisals to determine the property's fair market value rent, as determined by appraisals. Given the uniqu_ ..azure and location of the Cancel Bay property, what do you expect to use as comparable properties? Answer, We believe there are several similar properties in the Virgin Islands. The appraiser would be responsible for determining the zomparables. 4. Section 2(b) of H.R. 1143 requires any lease to include "the property covered by the RUE and any associated property owned by CBI donated to the National Park Service." What associated property is CBI planning to donate to the ark Service? Does this paragraph cover different associated property than that described in paragraph 3(e), which requires the lease to take into account the value of any associated property transferred by CBI to the National Park Service? Answer., We believe that the intent of the legislation is that the term "property covered by the RUE" includes the real property improvements constructed on the RUE, and that the term associated ' property which may be donated or otherwise conveyed to NPS identifies the three parcels of real property current,' held in fee simple ownership by CBI. 5. Section 1 of H R 1143 provides that "as a condition of the lease, CBI shall relinquish to the Secretary all rights under the RUE and transfer, without compensation, ownership of improvements covered by the RUE to the United States " Section 2(c) requires the lease to require payment to the United States of the property's fair market value rent, taking into account the value of any associated property transferred by CBI..." V J 444 the 4 2 I 10/09/08 THE 15:01 FAX 202 208 7819 INTERIOR OCL 4.4 FOP Zoos a Does the National Park Service interpret these provisions to require that CBI will receive no compensation for any property of improvements covered by the RUE, but Hill receive compensation for any associated property conveyed to the National Park Service? Answer: Yes. b. Under the terms of the RUE, is CBI entitled to any compensation for any structures or improvements covered by the RUE? Answer: No. The RUE and related documents provide that the improvements must be transferred without compensation by CBI to the NPS at the termination of the RUE 6 Please provide a list of the specific properties owned by CBI that would be conveyed to the National Park Service as 'associated property" Answer: CBI owns in fee three parcels that are outside of the RUE: Parcel 5 comprises 1.01 acres There are three houses on the site used for executive housing. Parcel 12 comprises 1.69 acres There is an apartment building on the site with 24 units used for employee housing. Parcel 12D comprises 0 31 acres. There is a marina on the site used for ferry docking and maintenance, as well as fusel sales, and a support building 7. Please provide a copy of the retained use estate referenced in H.R. 1143 Answer We will provide the document to the committee under separate cover. 8. If Cancel Bay operates under the lease authorized under H.R. 1143. will the resort grounds and beaches be limited to use by guests of the resort, or will they be available for use by park visitors in general? If the general public (other than resort guests) will not be allowed use of the Cancel Bay grounds and beaches, please explain how that restriction is in the public interest. ;answer. The NPS could negotiate public access as part of the lease terms 9. Does the National Park Service allow any concession operators of hotels or lodging establishments at any other park to preclude public access (other than guests of the lodge) to large areas of public parkland? Answer We ate not aware of any concessions with such restrictions 04 Le F it 4:r - ,se ' 3 10 09 08 THU 15:08 FAX 202 208 7619 INTERIOR OCL c. Is it possible for a feasibility study of the proposed heritage area to be completed by a local entity and submitted to the Administration for approval thereby avoiding the need for legislation to authorize a study? Answer. Yes. Many feasibility studies for potential National Heritage Areas are conducted by local groups and reviewed by the NPS age".st our interim evaluation criteria. If, after our review, we have concerns that the study does not fully address the required criteria for designation, we will offer advice to the local group on how to improve the study so that it yields the necessary information to allow Congress to make a determination on whether the heritage area meets the criteria for designation. d. What advice or comments would you give to the Department of Agriculture regarding oversight of National Heritage Areas? Aaswer: Based on our experience with the 37 heritage areas designated prior to this year, success of the heritage area is dependent on strong local support and the ability of the local coordinating entity to form partnerships and implement the management plan. The lead federal partner, in this case the Forest Service, can provide overall support to the local coordinating entity based on its technical expertise protecting and interpreting natural and culturi.I resources in the region. We recommend that the Chugach National Forest work closely with the heritage area to promote their shared missions of protection of resources on the Kenai Peninsula. 17. Cave and Karst Research Institute Amendment (S. 3096): a. Sine inception, the Cave and Karst Research Institute has been required to match Federal funds 1 to 1 with a nonfederal source. What is the total dollar amount they have obtained from nonfederal sources during that time? Answer Since Fiscal Year 2002, the Institute has received approximately $5.3 million from the State of New Mexico, private donations, and in-kind contributions. This includes direct financial support and ipport for the construction of facilities. b What are the estimated annual funding needs for the Cave and Karst Research Institute without the nonfederal matching requirement? Answer: At present, the Institute has an annual budget of $860,000, which reflects federal and State ,rids. The State of New Mexico finances approximately 62% of the Institute's overall budget. 18. Caneel Bay Resort Lease Agreement (II.R 1143) a. Does the National Park Service see any drawbacks to having the management and operation of Caneel Bay Resort converted to a long-term lease arrangement? Otto ( FRP 9 10 09,08 THE 15:07 FAT 202 208 7819 INTERIOR OCL FNP Boss Answer: The NPS has reviewed the pros and cons of this option and several others, which we are happy to discuss with the committee privately due to the business- confidential nature of this review b. The proposed legislation establishes a long-term lease with a for-profit firm on a sole source basis. Should we be looking at amending the bill to authorize a long-term lease through a competitive process rather than a sole source arrangement' Would that cause any problems for the National Park Service? Answer: If the proposed legislation is amended to require a competitive process, CBI may not agree to surrender or otherwise terminate the RUE, which will not expire by its terms until September 30, 2023. c. How many buildings are part of the Cancel Bay Resort, when were they constructed, what is their condition, and what is the estimated cost to bring them up to standards for long-term use as a resort? Answer Caned! Bay was originally developed by Laurance Rockefeller and Jackson Hole Preserve as a Rock Resort beginning in 1956 The estate includes 92 building.; The NPS has not conducted a condition assessment of the buildings. Such an assessment would be conducted as part of an appraisal d Prior to supporting the legislation, what steps did the National Park Service take to determine the fair market value of the Cancel Bay Resort, approximate lease rate if the legislation is enacted and estimated income to the Federal government during a 40-year lease? If so, what were the findings? Answer. The NPS has not yet undertaken an appraisal of the fair market value of the Caneel Bay resort However, the report of our consultant, LIA, included estimated amounts, which are confidential. The estimated amounts were based on an analysis of similar resorts in the area. We would be happy to brief committee members on the report. e What are the benefits to the National Park Service of converting the current arrangement to a long-term lease? Answer: There are several benefits to the NPS of a long-term lease: The existing RUE does not provide adequate authorization for NPS oversight over maintenance and construction within the RUE, but a long-term lease could he structured with specific provisions regarding the maintenance of the facilities and infrastructure. Under a long-term lease, the park would receive fair market value rent and could use those funds for other needs within the park. 10 F ror . . h. " t, - a 411110t.'" 10;09/08 THU 15:07 FAX 202 208 7819 !analog trick FNP The existing RUE contains limited controls regarding expansion of the facility Under a long-term lease, the NPS could place restrictions on the size of the facility and could control any expansion of the resort. The current RUE does not include three parcels of land (3.01 acres) that are important to the resort operation and are currently held in fee simple by the CBIA. A long-term lease could be drafted to ensure the conveyance of these three parcels, by donation or otherwise, to NPS. In addition to benefitting NPS, a long-term lease could provide more certainty tothe work force at the resort, and more stability to the economy of the U.S Virgin Islands, than the RUE. which will expire in 2023 f. Has the Rockefeller estate taken a position on the proposed lease arrangement and have they conveyed their position in written form that can be sent to us? If so. please provide a copy of the opinion with your response to this question. Answer Yes, the Executors of the Estate of Laurance S. Rockefeller and the Trustees of Jackson Hole Preserve, Inc sent the Director of the NPS a letter dated June 14, 2007, providing their views on a proposed long-term lease. A copy of the letter is attached to these responses. g. From whom did CBI purchase the retained use estate in 2003 and how much din they pay for it? Answer. CBI purchased the RUE from Cane& Ray, Inc., a company owned by Deutsche Bank, in 2004 for S27 million The purchase price also included the acquisition of the concession contract and concession operations at Cinnamon and Trunk Bays. h Was CBI aware of the retained use estate expiring in 2023 when they purchased the property and did they attempt to extend the expiration date as a condition of purchase? Answer: Yes, they were aware of the term. Because the purchase was between two private parties, neither party had the authority to extend the RUE i. What is the estimated value of the retained use estate if purchased by the Federal government in 2008? Answer This information is business confidential. We would be happy to brief the committee members privately to provide further details j. Has the National Park Service proposed purchasing the remainder of the retained use estate followed by solicitations for a lease through a competitive process? If so, when did such discussion occur and what was the conclusion? If not, why not? Answer The NPS has not proposed purchasing the remainder of the RUE. 013 - .44 II 10,09 08 THI.: 15:07 FAX 202 208 7819 IN1TRIOFLOCI. FNP k. What is the estimated income to the Federal government if the proposed legislation is enacted and a 40-year lease is signed? Answer This information is business confidential. We would be happy to brief the committee members privately to provide further details. 12 1-4.101-1 tit fil or :144,1--g-a 1 - I 1 Memorandum To: From: Attorney-Advisor Office of Congressional and Legislative Affairs United States Department of the Interior OFFICE OF THE SECRETARY !.. June 27, 2008 Assistant Secretary, Fish and Wildlife and Parks Subject: Supplemental Questions from the hearing on several bills including: S. 1774 and H.R. 3022, to designate the John Krebs Wilderness in the State of California, to add certain land to the Sequoia-Kings Canyon National Park Wilderness, and for other purposes; S. 2255, to amend the National Trails System Act to provide for studies of the Chisholm Trail and Great Western Trail to determine whether to add the trails to the National Trails System, and for other purposes; S. 2359, to establish the St. Augustine 450th Commemoration Commission, and for other purposes; S. 2943, to amend the national Trails system Act to designate the Pacific Northwest National Scenic Trail; S. 3010, to reauthorize the Route 66 Corridor Preservation program; S. 3017, to designate the Beaver Basin Wilderness at Pictured Rocks National lakeshore in the State of Michigan; S. 3845, to establish the Kenai Mountains- Turnagain Arm National Forest Heritage Area in the State of Alaska, and for other purposes; S. 3096, a bill to amend the National Cave and Karst Research Institute act of 1998 to authorize appropriations for the National Cave and Karst Research Institute; and H.R. 1143, to authorize the secretary of the Interior to lease certain lands in Islands National Park, and for other purposes. Attached are questions submitted by the Chairman, Subcommittee on National Parks, Committee on Energy and Natural Resources, regarding the above hearing held onJune 17, 2008. Please coordinate responses to these questions with attorney, Dominic Malone, on 208-4092. A copy of the proposed responses surnamed by the Bureau Directorate and your Assistant Secretary are due in this office by Tuesday, July 8, 2008. The Legislative Counsel's office will clear the answers within the Department and OMB before transmitting to the Committee. Attachment Dominic A. Malone e - 4- Washington. 20240 cc: OCL-Pat Richmond OCL-Dominic Malone OCL- Legislative History File OCL-Galloway k 4 sr El vf<P 4 iv- 1 Lthitcd z:Ntatis June 24. 2008 Karen I a) Associate Director Visitor and Resource Protection National Park sery ice Department of the Interior 1849 Street. Ps . Washington. I W 20240 Dear Ms. Taylor- Goodrich; I would like to take this opponunits to thank you for testifying at the June 17, 2008 Senate Subcommittee on National Parks Leon on several bills including: S. 1774 and H.K. 3022. to designate the John Krebs Wilderness in the State or 1. alloy to add certain land to the Sequoia -Kings Canyon National Park Wilderness. and for other purposes: S. 2255. to amend the National Trails System Act to pros ide Ior studies of the Chisholm I tail and Great Western I rail to determine whether to add the trails to the National trails System. and for other purposes: S. 2359, to establish the St. \ ugust me 450th Commemoration Commission. and for other purposes. S 2943. to amend the National (rails System Act to designate the Pacific Northwest National Scenic trail: S 30:0. to reauthswize the Route 66 Corridor Preservation Program: S. 3017, to designate the Wilderness at Pictured Rocks National Lakeshore in the State of Michigan: S .045.to establish the Kenai Slonntions. I ut 'lapin Arm National I orest Heritage Area in the Site of Alaska. and for other purposes: S 3096. a bill to amend the National C .ts e and Karst Research Institute Act of 1998 to authorize appropriations for the National Cave and Karst Research Institute: and II.R. 1143. to authorize the Secretary of the Interior to lease certain lands in Virgil: Islands National Park. and for other purposes. I am enclosing a list of questions n Iii,Ii hate been submitted for the record It would he helpful if you could respond to these questions no lam than Monday. July 7. 2008. Responses hs e-mail nia he sent to rachel pasternackrii energ senate go,. Thank you for your assistance. It you have an questions. please base sour stall contact David Brooks at (202) 224-9863. or Rachel Pasternack at I202i 224-0883 Daniel K. Akaka Chairman subcommittee on National Parks Nt - FOCO, r K ,,, . fat V4.4 .1* w+ t:.. NI MR It &Mast N. ay. YAK 4 MI he We.. S..,' .11). 1. tAyiW wale a& r.. TA ji..1. NAVVY _ ZIcliatc COMM rIti 014 SSittaV 4140 1471.4PAL ilsookas N41.14, mkt. DC 706104150 cistfidv somit um; Bea .cr Basin Sincere's. Questions for the Record for Karen Taylor- Goodrich Questions from Chairman Jeff Bingaman: H.R. 1143 - Cancel Bay Lease in Virgin Islands National Park 1. H.R. 1143 provides for a lease for a term not to exceed 40 years. Has the National Park Service conducted any analysis to determine what the appropriate length of the lease should be? 2. It's my understanding that a concession contract may not exceed a term of 20 years. Have companies providing lodging services in national park system units under concession contracts been able to obtain financing for capital improvements? 3. H.R. 1143 requires the Secretary of the Interior to require appraisals to determine the property's fair market value rent, as determined by appraisals. Given the unique nature and location of the Cancel Bay property, what do you expect to use as comparable properties? 4. Section 2(b) of H.R. 1143 requires any lease to include "the property covered by the RUE and any associated property owned by CBI donated to the National Park Service." What associated property is CBI planning to donate to the Park Service? Does this paragraph cover different associated property than that described in paragraph 3(e), which requires the lease to take into account the value of any associated property transferred by CBI to the National Park Service? 5. Section 3 of H.R. 1143 provides that "as a condition of the lease, CBI shall relinquish to the Secretary all rights under the RUE and transfer, without compensation, ownership of improvements covered by the RUE to the United States." Section 2(c) requires the lease to require paym-nt to the United States of the property's fair market value rent, taking into account the value of any associated property transferred by CBI..." a. Does the National Park Service interpret these provisions to require that CBI will receive no compensation for any property or improvements covered by the RUE, but will receive compensation for any associated property conveyed to the National Park Service? b. Under the terms of the RUE, is CBI entitled to any compensation for any structures or improvements covered by the RUE? b. Please provide a list of the specific properties owned by CBI that would he conveyed to the National Park Service as "associated property". 7. Please provide a copy of the retained use estate referenced in H.R. 1143. 011117-_ err .r _ I .0 8. If Cancel Bay operates under the lease authorized under H.R. 1143, will the resort grounds and beaches be limited to use by guests of the resort, or will they be available for use by park visitors in general? lithe general public (other than resort guests) will not he allowed use of the Cancel Bay grounds and beaches, please explain how that restriction is in the public interest. 9. Does the National Park Service allow any concession operators of hotels or lodging establishments at any other park to preclude public access (other than guests of the lodge) to large areas of public parkland? Questions from Senator Richard Burr: 10. Sequoia-Kings Canyon Wilderness Designation (S. 1774): a. Approximately how many property owners have in-holdings within the boundaries of the land designated as wilderness by S. 1774? Are property owners currently allowed to use motorized vehicles to access their property and will this change as a result of designation? b. Has the existing general management plan for Sequoia-Kings Canyon treated the land as wilderness for management purposes or will this designation constitute a major change in land use? c. What types of activities will be allowed in the proposed area that deviates from standard policy within wilderness areas? 1 I. Chisholm Trail and Great Western Trail Study (S. 2255): a. What is the length of each trail and how many states are involved? b. Will each private property owner with land containing portions of the trail be notified of the study and given an opportunity to provide comments? c. Is this envisioned as a historic trail for designation on a map or will it be a trail that can be used for recreation in the form of hiking, bicycling, or horseback riding? 12. St. Augustine Commemoration Commission (S. 2359): a. What is the typical role of the Secretary of the Interior and the National Park Service in a commemoration commission and does S. 2359 establish any new role? b. S. 2359 gives the commemoration commission the authority to award grants up to $10,000 for projects associated with the 450'h anniversary of St. Augustine. Do other commissions have grant authority and is this any different? c. Does the National Park Service have any units in St. Augustine, FL, that are planning activities associated with the 450th anniversary? d. Does the bill give the Secretary of the Interior sufficient discretion to choose commission members that represent a diversity of the culture of Florida and St. Augustine? 13 Pacific Northwest National Scenic Trail Designation (S. 2943): k Or- I 1. 1 a. What role does the National Park Service currently have in managing, interpreting, and maintaining the Pacific Northwest Trail? b. Through which National Parks does the Pacific Northwest Trait traverse and is the trail an integral part of the history and culture of the area? 14. Route 66 Corridor Reauthorization (S. 3010): a. When was the Route 66 Corridor Preservation Program established and how much funding has it received since inception? b. What is the goal of the Route 66 Corridor Preservation Program and what is its highest priority project? 15. Beaver Basin Wilderness Designation at Picture Rocks National Lakeshore (S. 3017): a. How many private land owners have in-holdings within the area designated as wilderness by S. 3017? h. S. 3017 allows for continued use of electric motors to power boats within the wilderness area. How unusual is it to allow motorized transportation within a wilderness area and is this a compatible use within Beaver Basin? c. Does S 3017 affect any existing act. .des within Beaver Basin and how will the General Management Plan for Picture Rocks National Lakeshore he changed as a result of the designation? 16. Kenai Mountains National Heritage Area (S. 3045): a. Has there been any previous attempt to place a National Heritage Area under the jurisdiction of anyone other than the Secretary of the Interior? If so. how did that work and who does that nation. heritage area currently report to? b. Of the 40 National Heritage Areas that currently exist. how many of those contain National Forest Service land within their boundaries? Has the ass.ciation with National Forest Service land created any unique challenges? c Is it possible for a feasibility study of the proposed heritage area to be completed by a local entity and submitted to the Administration for approval thereby avoiding the need for legislation to authorize a study? d. What advice or comments would you give to the Department of Agri alture regarding oversight of National Heritage Areas? 17 Cave and Karst Research Institute Amendment (S. 3096): a. Since inception, the Cave and K Research Institute has been required to match Federal funds I to I with a nonfederal source. What is the total dollar amount they have obtained from nonfederal sources during that time? b. Want is the estimated annual funding needs for the Cave and Karst Research Institute without the nonfederal matching requirement? 18. Cancel Bay Resort Lease Agreement (H.R. 1141: 7 00.--.10..1 er kr c1 i . "-- e r '. :Veal , ab , ... ..,- ' .. .... . 4 r ` n 0 , a. Does the National Park Service see any drawbacks to having the management and operation of Cancel Bay Resort converted to a long-term lease arrangement? b. The proposed legislation establishes a long-term lease with a for-profit firm on a sole source basis. Should we be looking at amending the bill to authorize a long-term ase through a competitive process rather than a sole source arrangement? Would that cause any problems for the National Park Service'? c. How many buildings are pan of the Cancel Bay Resort, when were they constructed, what is their condition, and what is the estimated cost to bring them up to standards for long-term use as a resort? d. Prior to supporting the legislation. what steps did the National Park Service take to determine the fair market value of the Cancel Bay Resort approximate lease rate if the legislation is enacted and estimated income to the Federal government during a 40-year lease? If so. what were the findings'? e. What are the benefits to the National Park Service of converting the current arrangement to a long-term lease? f. Has the Rockefeller estate taken a position on the proposed lease arrangement and have they conveyed their position in written form that can be sent to us? If so, please provide a copy of the opinion with your response to this question. g. From whom did CBI purchase the retained use estate in 2003 and how much did they pay for it? h. Was CBI aware of the retained use estate expiring in 2023 when they purchased the property and did they attempt to extend the expiration date as a condition of purchase? i. What is the estimated value of the retained use estate if purchased by the Federal government in 2008? j. Has the National Park Service proposed purchasing the remainder of the retained use estate followed by solicitations for a lease through a competitive process? If so, when did such discussion occur and what was the conclusion? If not, why not? k. What is the estimated income to the Federal government if the proposed legislation is enacted and a 40-year lease is signed? it 3 1 - fI II 1 %.,-0.4Orstr,,- - - STATEMENT OF KAREN TAYLOR-GOODRICH, ASSOCIATE DIRECTOR, VISITOR AND RESOURCE PROTECTION, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS OF THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES CONCERNING H.R. 1143, A BILL TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO LEASE CERTAIN LANDS IN VIRGIN ISLANDS NATIONAL PARK, AND FOR OTHER PURPOSES. JUNE 17, 2008 Mr. Chairman, thank you for the opportunity to provide the Department of the Interior's views on H.R. 1143. a bill to authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park. and for other purposes. The Department previously testified in support of the intent of H.R. 1143 before the House Subcommittee on National Parks, Forests and Public Lands, on October 30, 2007, After that hearing, H.R. 1143 was amended, addressing several of the concerns that the Department raised. The Department supports the general intent of H.R. 1143 and what it seeks to accomplish. However. we would like the opportunity to work with the Subcommittee to clarify some additional terms and conditions of the lease. H.R. 1143 would allow the Secretary of the Interior to enter into a lease with the current holder of a retained use estate at Virgin Islands National Park for the Cancel Bay property. which is currently operated as a luxury resort. after the termination of the retained use estate and donation of all improvements to the National Park Service (NPS). Without H.R. 1143 the NPS does not have authority to enter into a lease, in accordance with 36 CFR §18, Leasing of Properties in Park Areas. without issuing a Request for Bids or a 1 j . Request for Proposals. A noncompetitive lease could only be issued under two circumstances - by issuing the lease to a nonprofit organization or unit of government, or by entering into a short- term. 60-day or less lease. neither of which would apply in this case. Cancel Bay Resort is one of two large resorts on the island of St. John. The resort is located on a 150-acre peninsula on the northwest side of the island of St. John and caters to an upscale clientele that stays an average of 6 nights and 7 days. The resort has approximately 425 ti 450 employees and serves as one of the primary economic engines for the U.S. Virgin Islands. large number of employees travel daily to St. John from their residences on neighboring St. Thomas. The resort is also an Economic Development Center beneficiary and, as such, receives various tax exemptions from the Government of the Virgin Islands. The resort was established in 1956 by Laurance S. Rockefeller and the Jackson Hole Preserve. In 1983. Jackson Hole Preserve donated the land at Cancel Bay to the United States Government for inclusion within Virgin Islands National Park and reserved the right to continue its operations under a retained use estate. Jackson Hole Preserve did not convey the improvements on the land to the United States at that time. The reserved use estate is scheduled to expire on September 30. 2023 The warranty deed stipulates that when the retained use estate terminates, the owner of the retained use estate must donate the buildings and other improvements to the NPS. Enactment of H.R. 1143 would allow the current holder of the retained use estate to negotiate a long-term lease with the NPS that could extend the Cancel Bay Resort operation well beyond the year 2023. Such an extension could allow the leaseholder to secure financing and undertake A 2 *NO r other long-term operational measures that might not be possible under the provisions of the current retained use estate. The NPS has evaluated various options for the future use and management of the Caned Bay property. Based upon a value analysis. we believe that the continued future operation of Cancel Bay as a resort under a lease would provide the greatest adv antage to the NPS and the U.S. Virgin Islands. A lease could provide economic and administrative benefits to the NPS and the lessee that are not available or not as viable as under a retained use estate or a concession contract, two of the other options that were examined. H.R. 1143 was amended by the House and requires that the operations and maintenance of the resort be conducted in a manner consistent with the preservation and conservation of the resources and values of the park. Additionally, the lease proposed by the bill would address the continued protection. preservation. and restoration of the property 's structures. many of which are more than 50 years old, and may be National Register eligible. Any work conducted on the structures would have to be conducted in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The lease also would address the fair market value rent of the property. constraints on development of property during the term of the lease. and the ability to transfer the lease in the future When the current retained use estate was created there were three small properties that are integral to the operation of the Cancel Bay resort that were not included. We would like to include these properties under the terms of the lease. Finally. H.R. 1143 may need to be 1 3 f a if I- r amended to clarify the intent of the bill regarding when the current retained use estate would expire and when the new lease would begin, the terms and conditions of the lease. and whether or how often the property's fair market value rent would be re-assessed. We will be happy to work with the Subcommittee to develop these amendments Mr. Chairman. this concludes my prepared remarks. I would be pleased to answer any questions you or other members of the Subcommittee may have. 4 ( A MUM% H.R. 1143 (Senate) Virgin Islands National Park Lease Delegate Donna Christensen (D-VI) introduced H.R. 1143 on Febru- 16, 2007. There are no co-sponsors. The bill would allow the Secretary to enter into a lease with the current holder of a retained use estate at Virgin Islands National Park for the Caneel Bay property, which is currenCy operated as a luxury resort, after the termination of the existing retained use estate and donation of all improvements to the NPS. The resort was established in 1956 by Laurance S. Rockefeller and the Jackson Hole Preserve. In 1983. Jackson Hole Preserve donated the land at Cancel Bay to the United States Government for inclusion within Virgin Islands National Park and reserved the right to continue its operations under a retained use estate. Jackson Hole Preserve did not convey the improvements on the land to the United States at that time. The reserved use estate is scheduled to expire on September 30, 2023. The warranty deed stipulates that when the retained use estate terminates, the owner of the retained use estate must donate the buildings and other improvements to the NPS. Enactment of H.R. 11 13 would allow the holder of the retained use estate to negotiate a long term lease with the NPS that could extend the Cancel Bay Resort operation beyond the year 2023. A lease could provide economic and administrative benefits to the NPS that are not available or not as viable as under a retained use estate or a concession contract, two other options. The Department testifie(i on H.R. 1143 on October 30, 2007, before the House Subcommittee on Nationa' Parks, Forests and Public Lands. In the Department's original testimony we asked for clarification in several portions of the bill. When the bill was marked tin and amended, it was rewritten, addressing many of our clarification questions. This testimony is in large part carry -over testimony from the House hearing. IAA ATLANTIC CP T.; Xxr 1st"- r arab.. ira - EN " :"--1" a , , OCEAN :wine* Nmosofft MENIINKIN, 0 TORTOLA -------------- --- " UnITED FRANCIS'- STATFs UNITED kofG0041 DRAKE 0 C4nlir 0 r LC...11.-476 tRift ft CORM SAY CARIBBEAN SEA wrim="Pill eason pm& am" OP f' 1111 1 a nay E=4 UMW.. ow I ewe Mb.% Am. 1=1 =NI pnas 0.4A 11. orO' II. woo . 1 r ,9 = =IMO. ;two.,/- SIR Tw ., _ "C wet' Wee' J tP Gi0 C., 61.0.. 10-MIC100 ST TH ------ ----- C. PARRT or *ow sm. ARON ft* 'SO " 0.16- %waft, az. Olt ,.- . qi;an w eor ST JOHN ) % 41411:1M ott. 1- unrase r *ph 1Nowa 0 ---- THE FUTURE OF CANED. B.1). RESORT Background Camel Bay Resort was established in 1956 by Laurance S. Rockefeller and Jackson Hole Preserve. In 1983, Jackson Hole Preserve donated approximately 150 acres of land at Cancel Bay to the United States Government for inclusion within Virgin Islands National Park. The hotel operation was permitted to continue under a "Retained Use Estate" which is scheduled to terminate no later than September 30, 2023. The Warranty Deed presently stipulates that when the Retained Use Estate terminates, the owner of the Retained Use Estate will be required to convey the buildings and other improvements to the National Park Service (NPS). Cancel Bay has been established as a "Rockresort" and caters to an upscale clientele that stay an average of 6 nights and 7 days. The reso 0 has a high repeat clientele. The amenities and services available at Cancel includes, 166 guest rooms, 3 restaurants.] beach bar. 11 tennis courts, one pool. 7 beaches, a fitness center, and a self centre offering yoga, pilates. and 4 massage therapy rooms. In addition to these services, Cancel Bay also offers a variety of watersports equipment and activities for their guests' use and enjoyment, ranging from sailing to snorkeling. The hotel consists of all single rooms, with small seating areas as well as a balcony or patio for each room. There are no televisions or telephones in the rooms. Air conditioning was recently added to all units. During the peak winter season, rates range from $450 upwards to $1,350 per night per room. Summer rates span from $350 to $87, per room per night based on double occupancy. Rates do not include meals, but does include the use of non-motorized watersports equipment e. g. kayaks. windsurfing boards, floats, snorkel gear. and sunfish boats. The resort employs approximately 425 to 450 employees and serves as one of the primary economic engines for the island of St. John and employs a large number of employees from St. Thomas. The resort also has a unionized workforce covering the wait staff, grounds and maintenance, as well as the housekeeping staff. Cancel Bay currently is an Economic Development Center (EDC) beneficiary and receives various tax exemptions from the V.I. Government. It is one of two resorts on the island of St. John. Options for the future use and management of Caneel Ra Resort Option I: Continued private operation of ( aneel Bay through an extended retained use estate. Cancel Bay would continue to operate independently and be eligible for an ; tax incentive benefits from the V.I. government. Its significant contributions to the economy of St. John and the Virgin Islands as a whole would remain in tact. Caneel's relationship with s 9 Ilr the Park would continue; it would also continue to maintain the premises in a manner consistent with NPS conservation and preservation values. The resort plays an important role in the St. John community and partners with several local and government agencies to effect positive change. However, the NPS would receive very little economic benefit as owner of the property. Option II: Operation of Cancel Bay under a Category I Concessions Contract. The NPS would maintain operational oversight and ensure contract compliance and financial accountability. The possibility exists that Cancel would not be eligible for EDC benefits as a concessionaire, making it less lucrative to operate. As a concessions operation, the Park would benefit from the collection of a significant amount of franchise fees. It is important to note that if Cancel is operated under a concessions contract, the Park will be burdened with the payout of possessory interest at the closure of the contract, which could possibly amount to millions of dollars. I 'rider this option the Park Service concessions staffing levels would have to be increased to oversee an operation of such magnitude and complexity. Concessions contracts are generally limited to periods of 10 years. which may not give the operator reasonable time to make a return on their capital investments. Concessions contracts are competitively awarded and current owners may not necessarily be awarded the contract. The NPS will also have to conduct a Feasibility Study to determine the economic sustainability/viahility of such a venture. Option III: Operation of Cancel Bay under a Historic Property Lease. The NPS would lease the property through a cooperative agreemer ensuring the continued preservation of the property. The leasee would pay the NPS fair market value for the lease taking into consideration the necessary adjustments for the leasee's investments. The NPS would not provide any operational oversight of the operation. The buildings and structures contained therein would be maintained, repaired. or constructed by the leasee. in accordance with NPS standards, policies and guidelines. Historic leases are also competitively offered. The Historic Leasing option, if applicable. would provide the following to NPS: The Park would receive fair market value for this lease with minimal impacts to Park operations and concessions staffing. The operations, grounds, buildings etc. would be kept in a manner that is consistent with NPS conservation and preservation values. The operator would be entitled to receive tax incentive packages. The leasing option does not have to withstand the scrutiny of a resort being considered a "necessary and appropriate" concessions contract. I, - j t 1.p q The Park will not be liable for a multi-million dollar payout in possessory interest once a concessions contract is terminated. The precedent for extension of the existing Retained Use Estate would not be established. Lease and cooperative agreements may extend up to 50 years. Finally. it is recommended that the NPS enter into a contract with a consulting firm that will fully analyze the various options available for the future operation of Caneel Bay. If not, then perhaps a team of NPS subject-matter experts be assembled to analyze and study the future use of the resort. Moreover. at some point the DOI's Solicitor's Office should be contacted for the purpose of rendering a legal opinion to ensure that the options would be consistent with the terms and conditions of the warranty deed. 1 Oct 18 07 02 28p Concessions Paul or Elba 340-714-0545 p.2 ,a;_-i'-F107'.'1E: 03 ;9 I; tEal Or 11:: ps'ER!:: 40..ei r0.0.1 1.c AX 4 :g Lade 1782 S3/ :Man P 2 30 ROCR31ZI....ER F1-4.Z1 Nam YORNI, mote Room SOO.. ..11111 44, ot.no June 14, 2007 d The Honorable Mary A. Roma ()leach Naional Park Service Daparuncrit of the Interior 1149 C Street, N.W. Room 2:12 _ _ Washington. J.C. 20240 Dear Madam Directer. This krter is to express the views of the Executors of the Estate of Laurance S. Rockefeller and the Trustees of Jackson Hole Preserve Jae. ("ThiPr) on the lon7,-terro four: of Cancel Bay within the Virgin sheds National Perk_ As you as probably aware. t Wee Tg..erei-Sittional Put was created through gills of land to the United States by Laurance S Rockefeller through SHPl Laurance S Rockefeller was the lime-brae Chairman and pn-sieti rn of 1HP1, and I succeeded turn te those posts. I are also one of the Executors of his Estate We understand that this issue is under active consideration to response I. he rust of the current owner of the Retained Use Este,: RUE') to mamba that right or replace it w th another right of occupancy with a longer term. We art aware that legiartion has been introduced to provide the National Park Service authority to enter into * lease with the curet t owners of the RUE. During his ',fake, Laurance made it clear that his intention for the 'on,g-tmn was th,,t Caned be part of ..he \high: !steals NaLlOrde Park. He expressed this in a number of documents and :ovum. In 193g. be wrote then Director William Mctt and expressed the view that : RUE shzutd Out be rxtentleil: order to missy out the 7411) -sanding ebje>C ve of (Jackson Hole Preserve) that the premises ultimately be an integral part of the Virgin Islands Nebo.. ?ark lades the jurisdiction of the Secretaq of Interior for the use and enjoyment by visitors of the Park Laurance did not express on opinion oa what specific use should be mode of the prone rt.. as part of the Park He generally believed that this should be left up to the management of the NPS when the time for a decision came. How,ver. Iron, his approach and 3...ioas compare ale 'Crumbles we are convinced he would advocate a plan that minimized further .urpaci on the :n. d and eventual public use. 4.13z,c;/.11 9 " Aer I 4 2.63; ... (the ... fit ... y to I. 4 is 4 1' S. UCt UL Ltip c_.oncassons Paul or elba 3$: 15 us CE31 or 1i= IsTER11F r way- 16aP4 2, Alt beSi '1112 r.le Honorable Mary A. Bomar 340-/140545 P.3 P m :? )true 14, ;007 PAse 2 We are aware that r. number cf proposals have been put forward ove the y cars out diet me h-IIS bas not leached s decision We arc also aware that the current *watts of RUE ow emphasize that they milt have a longer term of occupancy :c obtain Swamps for necessary inserts% amen LS Further we are swan that the employment offered by Cartel is a rispiftcar contributor To the economy ^f the Virgin Islands. la light of these factors, we felt it important to la the NPS tales do net necessarily oppose any extension of the term of occupancy and therefore do not oppose the egnjation which would provide the NPS with leasing authority. We would urge, however, any estetution what es- by RUE or lease be accompanied by tooth:. limitations to preserve :re vny special mature of Cameo] ,which Laurance created We suggest: That the character cf Cancel as presently configured should not be altered. tete shot:' r no =panne° to the number of guen 3CCOrallXISItOn5. Additional development shook) be limited to providing support %signet for existing improvements. Any changes must be Juke et to prier National ?are Service approval. 2 That there be a prohibition Against sale of peztial ownerships or:inlet:charts. 3. That the term of any extension bc as short as financially feavbk to allow financing for vzseerics1 improvements. That there be operation and maintenance minim: moms to maintain the bleb standards of Caned 5. That there be a requirement for NPS approval of any transfer of coscrships: control of the :roped), interest 5 That there be adequato compensation to the NPS for the substantial additional vane an extension would create and that the compensation be available fonts, within the Park itself. Clearly this is a decision to be made by the NPS:tnz we believe thou tins approach col d provide a practical aolution in light of current cirsurnstaheat without Craar.tpromistaa the long- term pos'.b!i:ty of Cannel becomes a part of the Park os Laurance wished and expected. cc: Henry L. Di Inserts, Esq Ay Facsimile whir Hard Copy to Follow :tricot Sincerely, Clayton W. Fryer Jr. v' n) 10 Lzsz..5.1%... - I 1 a 01/ Its U1 .114-16 tertIllf.'t rit fOtb the know of, I 4. r. ir : ) 111 j (f,f J Oct 18 07 02 28p Concessions Paul or Elba DRAFT - Controlled Correspondence #07 - 038 Due Date - July 16, 2007 A3815 July 12, 2007 Mr. Clayton W. Frye. Jr. Jackson Hole Preserve. Inc. 30 Rockefeller Plaza New York, NY 10112 Dear Mr. Frye: 340-714-0545 p4 Thank you for your letter regarding the long-term future of Cancel Bay within Virgin Islands National Park. The National Park Service is committed to carrying out the wishes of Laurance S. Rockefeller, and the concerns of the Executors of his Estate and the Trustees of Jackson Hole Preserve, Inc. are very important to us. The National Park Service has been considering alternatives for the future of Cancel Bay, Inc. (CBI). We are aware that closing CBI would be a locally unpopular and economically depressing action for the island of St John. We agree with the suggestions that you offered in your letter. and we will take them into consideration as we move forward with this process. No final determination has been made regarding the future of the Retained Use Estate As you are aware, there is Congressional legislation pending that would authorize the current management company to continue operating the resort as a lease arrangement with the National Park Service. Tithe legislation is passed and a lease agreement is determined to be the best management option for the National Park Service, all of the limitations addressed in your letter will be given high priority in developing the lease conditions, Please be assured that a future lease, if it transpires. would ensure maintenance of the resort's existing character and would provide the National Park Service with treater control and oversight to protect anu preserve the natural and cultural resources c. mauled within the properties occupied by CBI, in accordance with the wishes of Laurance S. Rockefeller. Again, thank you for your letter and for your continued support of the National Park Service. Sincerely, Mary A. Bomar Director A aL L , Luxury Beach Resorts Caned Bay Virgin Island Resorts & St. John Island Vacations Ca caNEEL. 112N SAVE Mint NOON MEDIA KIT Resort Fact Sheet Location St. John united :States Virgin Islands Guests visiting Cancel Bay, A Rosewood Resort fly into Cyril E. King Airport in St. Thomas (SIT) accessed by American Airlines, US Airways, Delta Airlines, Continental Airlines, united Airlines and select regional carriers. 4 miles (35 minute ferry ride) from Charlotte Amalie or 1 mile (15 minute ferry ride) from Red Hook Resort provides St. Thomas airport reception and check-in followed by a Short land transfer to Cancel Bay's private boat service to r-t. John Cancel Bay also offers regular boat service to its sister resort, Little Dix Bay, A Rosewood Resort on Virgin Gorda, British Virgin Islands The scenic, 90-minute trip eastward through the Sir Francis Drake Channel features breathtaking views of emerald islands and turquoise waters Among the highlights are vistas of Tortola, Norman and Peter Islands, Cooper end Ginger Islands, Beef Island and Scrub Island Proof of citizenship s required to travel from the United States to the British Virgin Islands. Resort Concept/Philosophy Set on its own peninsula and surrounded by the Atlantic Ocean and Caribbean Sea, Cancel Bay offers seven separate beaches on a 170 - acre peninsula and is located in the heart of the 5,000-acre Virgin Islands National Park Managed by Rosewood Hotels & Resorts, Cancel Bay ensures the Rosewood signature commitment to excellence which entails unparalleled attention to detail, devotion to style and understated elegance and exceptional personalized service. Resort History Laurance S Rockefeller "discovered' Cancel Bay in 1952 while sailing in the Caribbean. The total population of the island was only 400, and 85 percent of the island's topography was Jungle. He foresaw the perfect vacation spot amid this unspoiled land and purchased the Caneel Bay Plantation. In 1955, he began developing an infrastructure on the island to provide the resort with power, fresh water and roads. He ov zrsaw every detail of the development. He donated the property to Jackson Hole Preserve, a non-profit, conservation-minded foundation supported by the Rockefeller fervid,. The preserve later purchased 5,000 more acres surrounding Cancel Bay and donated the land to the federal government, thus paving the way for the creation of the U S.V I. National Park. In 1993, Cancel Bay became a Rosewood Resort. Beeches Circling the peninsula, Caneel Bay features seven secluded beaches Honeymoon Beach, Cancel Beach Little Caneel Beach, Paradise Beach, Scott Beach, Turtle Bay Beach and Hawksnest Beach. Each of the beaches is defined by its own unique personality Honeymoon is the only 'uninhabited' beach, free of accommodation Cancel and Little Cancel are popular with families due to their gentle waters and abundant water sports activities Paradise and Scott are known as the 'peace and quiet' beaches and are famed for their glorious sunsets Turtle Bay is an intimate cove with gentle breezes and picturesque island vistas. Finally, Hawksnest is known as the "wild beach- and is preferred by those seeking a golden sunrise and the lull of gentle surf Guest Rooms htto://www.caneelbay.com/Mediakits popup.cfm/id/7 10/10/2007 It I I A Kusurnon Rasa). t sv-m a,s EA rqui% gtvf>1 TO "' B iff r NwerelnewakaireinesuresreJ Luxury Beach Resorts ; Cancel Bay I Virgin Island Resorts & St. John Island Vacations 166 airy, spacious guest rooms feature air-conditioning with digital in-room climate control, louvered walls, open-picture windows and ceiling fans to allow guests :o take in St. John's plentiful trade winds. orffff.,, Casually elegant nit-Hors are decorated with hand-crafted furniture, richly woven fabrics, plush reading chairs, commissioned artwork and tiled bathrooms All rooms feature either a patio or balcony and offer breathtaking views of the pristine white beaches or lush tropical gardens. All guest rooms include sitting area, fully stocked refrigerator /mini bar, safe, bathrobes and slippers, iron and ironing board, hairdryer and umbrella. There are no telephones or televisions in the individual guest rooms. Once the island home of the Rockefeller family, the famous 'Cottage 7' has housed celebrities and political figures, who enjoy its secluded location and its five individually designed rooms, some featuring Dutch style, four poster beds. Resort Dining CANEEL REACH TERRACE Cancel Beach retrace is located directly adjacent to the reception/lobby area The dining room, which features an open-line kitchen with wood-burning oven and rotisserie, overlooks Caneel Beach Popular for its sumptuous breakfast and lunch buffet, Caneel Beach Terrace is home to the resort's renowned Monday night grand buffet. All meals feature the finest cuisine prepared with health and fitness in mind. CANEEL BEACH GRILL The Cancel Beach Grill serves all-day favorites ranging from salads to burgers to meatloaf sandwiches, with a nod to relaxing flavors of 1950s home -cooking. BREEZEWAY BAR With a view of Cancel Boy Beach, the Breezeway Bar serves refeshing cocktails throughout the day and provides a lovely vantage point for watching the arrival of boats to Caneel's dock or for enjoying views of the sun setting behind St. Thomas as evening approaches. EQUATOR Set high atop the resort's 18°' century sugar mill ruins, overlooking Cancel Bay with St. Thomas on the horizon, Equator features fresh seafood and grilled meats prepared with Caribbean-Asian flair. The open-air, lofty restaurant is prized for its evening breezes and spectacular sunsets More intimate dining can be experienced in the adjacent sugar mill ruins. "Dinner in the Ruins' features romantic tike -torch and candlelight dining amid the historic stone walls and the expansive starlit skies SUNSET TERRACE The open-air Sunset Terrace is perched above the Cancel Bay Bar and overlooks the water sport activity on Caneei Bay Beach. This exceptional vista serves as the perfect spot to enjoy a refreshing cocktail or a light snack. TURTLE BAY ESTATE HOUSE Perched high on a panoramic peninsula, the Turtle Bay Estate House offers an inspired menu of contemporary American cuisine served within the walls of an 18th century plantation house. Breakfast and lunch buffets are also served in high season at Turtle Bay. The restaurant's verandah, surrounded by shade trees and Caribbean hardwood furniture, is the perfect setting for afternoon tea or evening cocktails. THE WINE ROOM The Wine Room, located within the Turtle Bay Estate House seats up to 10 for private dinners. A any fixe, seven- course menu, carefully selected to highlight selections from Caneel's wine collection, is offered. The wine list is comprised of 265 selections to complement wine tastings and pairing dinners The Caribbean's only fully operational, temperature controlled wine room boasts over 1,000 bottles of wine. Weekly wine tasting is offered on a complimentary basis preview the resort's latest selections exclusive Services THE SELF CENTRE Located atop a quiet bluff offering breathtaking views of the Sir Francis Drake Channel, the Self Centre offers an array of mind and body approaches for stress relief, relaxation, rejuvenation and a renewed sense of self. The Self ...entre, which includes something for every guest including yoga, meditation and Ayurveda, is run by creator and director Jan Kinder, a registered nurse and educator for Deepak Chopra. CHILDREN'S PROGRAM Cancel Bay offers an extensive children's p-ogram for young guests, with the focus on making learning fun. The resort's "Turtle Town' is the hub of children's activities, including nature walks, arts and crafts, magic snows, pirate treasure hunts, a playground fish hunt and much more. All activities take place under the guidance of caring, knowledgeable and fully trained supervisors. Parents may join their children for some or all of the activities at Turtle Town if they desire BABYSITTING SERVICES The resort offers a nanny service available during the day and evening hours with 24-hour notice requested Nannies are carefully screened by qualified childcare professionals. Leisure Activities NATURE WALKS Choose from Cancel Bay's own nature trails or moderate to advanced trails in the national park system Hiking affords http://www.caneelbay.com/Mediakits_popup.cfm/id/7 10/10/2007 n` to Luxury Beach Resorts I Cancel Bay Virgin Island Resorts & St. John Island Vacations Pare 3 of 4 close-up views of more than 500 species of plant life The resort's 1 /0 acres are criss crossed with well maintained paths for hikerS loggers and strollers. Cancel Bay resident horticulturist, Oriel Smith, Conducts nature tours of the gardens. SIGHTSEEING The 5,000 acre Virgin Islands National Park surrounds tt resort with spectacular views across the sea to other islands Quaint snops and restaurants can be found in the nearby town of Cruz Bay. Excursions to St Thomas, or to Little Dix Bay on Virgin Gorda, and other destinations can be easily arranged. The resort's kitchens car prepare picnic lunches. Historic Annaberg Plantation's restored sugar mill ruins offer a fascinating insight into the history of the region. Sports II Recreational Facilities WATER SPORTS Swim or snorkel from a choice of seven pristine, powder white beaches Complimentary Sunfish sailing, sea kayaks, windsurfing and snorkeling equipment Private snorke sE outings led by Carmel Bay's resident "Snorkologist" One and two tank Scuba day and night dives, with complimentary introduction class Beautifully landscaped, freshwater swimming pool features floral 'fencing' Private boat charters aria deep sea fishing trips Full and half day sailing excursions Sunset cocktail and beach 813Q cruises Nearby underwater snorkeling trail at renowned Trunk Bay, a short drive from the resort GOLF Opened in 1980 and designed by George & Torn Fazio, Golf Digest proclaimed Mahogany Run, an engineering marvel being carved and blasted into an area of land just less than 110 acres " With 77,000 square feet of greens and tight, winding fairways, this is target golf with beautiful views culminating in the signature holes 13, 14 and 1, known as the Devil's Triangle Mahogany Run is located in St. Thomas, a short water and land transfer from the resort. FITNESS CENTER Open 14 hours, the cardiovascular training equipment includes 3 Precor C956 Treadmills 2 Lrfestep Starr arnhers 2 Tectrix Stationary Bicycles 2 Precor Recumbent Bicycles 1 Precor EFX Elliptical Trainer Cybex Modular Strength Station: press/lat pull down 1 Cybes Modular Strength Station leg extension/leg curl /cable cotorm Free Weights 1-50 pounds Exercise Mats, Fitness Bells, and Flat Bench /Incline Bench TENNIS Elegant, terraced Tennis Park with 11 all-weather, outdoor tennis courts Courts under the direction of Peter Burwash International Complimentary c ivies and weekly round robin tournaments Private. semi-private and group lessons available Outstanding Pro Shop offering the latest apparel and accessories Additional Amenities Halt hour, one ho. and Couple's massage Watercolor painting classes with Cancel Bay's res,dert artist, Kat Sawa Hot Type program Cancel "sugarworks" stroll Jeep rentals for Bland sight-seeing Nightly movie presentations at the Turtle Bay Estate House Manager's weekly cocktail party Gift shop/clothing boutique with a wide selection of apparel, souvenirs, magazines and select essentials http:. 'WWW.caneelhay.com,'Mediakits_ popup.cfm,'id 7 10/10/2007 c4. it e' ti I r 3 - 14.- " lb wir C. a Luxury Beach Resorts 1Caned Bay 1 Virgin Island Resorts & St. John Island Vacations 'Business Center Computers ;with nigh-speed Internet access), phone and fax machine Cellular phones are available to guests at no extra charge Wireless Internet access available in select locations throughout the resort's grounds Operator ',wood Hotels P. Resorts Staff 450 er 'refs Opened Cancel Bay oriaine opened in March 1955 Opened 1993 as A .,:wood Resort Re opened November 1990 after extensive refurbishments CONTACT It;FOr ON Cancel Bay, A Rosewood Resort P.O. Box 720, St John, V 1, USA 00831 T 340.776 6111 F 340 693 8280 Tane*I0rOsewoodt ntels corn http://wwA.caneelbay.com/Mediakits popup.cfm /id/7 10/10/2007 . ati q Mk, V D -1E115.3 R 11. "td 4 Caribbean Getaways I Cancel Bay - Travel Details I Caribbean Resorts .1 NSORtTON CullI gftc o1(NK111 ,0% a .7.uS-01(1 ,TRCONS RodT0117 tfalt D, SClOvLI CURRENT TIME. 429 PM CURRENT TEMPIIATuRE 79 F Situated on a 1;0-acre peninsula surrounded by the beauty of the Virgin Island National Park and seven pristine beaches, Caneel Bay is on St. John in the U.S. Virgin Islands With 3/5 of the island preserved under the national park system the island remains the least commerce. and low key of the three ilSVI islands This tiny island is only accessible by boat or ferry Its beaches are considered tc be some of the best in the world, white sandy beaches shaded by seagrape trees and coconut palms NOTE: No passport is required for U.S citizens traveling to the 0 S V.I An original copy of one's birth certificate with photo 1.0. may be gores. Ned for entry. CONT4C, of Nm ICY "alit, 111.0FM httri://www.caneelbay.corn/travel.cfm CaNEEL gay orcreeT, ewe? °weave if. ONE NOTO GLLIOT CUNT 001(1 saTIS s 0C malt SIRR.CIS CTOR,MIS WRONG NIIT,NOS I N10004414 'MISS LOON Colu.01111ft roll flit C$$$$$ I 011( OUR INit tilt mats ...seism.: SITE MAP 10/10/2007 7 . , r° . 4 lo.olro. try 115.gollt It Kos V Vilft.I Ist.ft .0.11 S all ,,,,, ea.... ol,.*l WOOD .o.ItI S 0..0011Tt 1000 'Oil ..0015 *NW.* .02 1. s . ., 3 4 4/- St John Island Vacations I Overview of Caneel Bay Caribbean Island Vacation Getaways CANEEL SAT A ROSEWOOD RESORT PO Sox 720.5( John V' USA 00531 -0710 T 3416 776 6111 3 OWNS NY Sales Office 117 MINS cuukettaresewoodAlneis con, Caneel Bay Invites you to 'disconnect' in pristine natural surroundings and low-key luxury The exclusive resort, nestled within the Virgin Islands National Park on St. John, remains faithful to the vision of sounder Laurance Rockefeller and his reverence for the environment. Seven secluded white sand beaches border 170 lush acres where Canoes accommodations have been artful's, built to blend into the landscape A true escape, the resort remains purposefully absent of modern glitz, digital distractions and the furious pace of the world at home. CC. C u! IlorC OloC !%0{1. 1.11:1141 CaNeet. ray 1,01 MONO IONS sMOTO G1. CUNT LOOMS sail/ I 0C41111 11..C11 a CIs Amon AWING{ V100151011 01,1 ILIA ROOM C11Da11111 II 1151 COWS. tfallo OUR SNAIL lilt V.)sfo000 nu,"ts 011101S SITE MAP http://www.caneelbay.com/oven.iew.cfm 10/10/2007 s. I 1 Do0D ISOCIsree St Cp417 GIOC11041 wa ' %NOV OSI1000 OPolose s, A Roo Whfl 11111 IP ,_sno./ MO.? PVIvniti CIIVet .. IL A Caneel Bay Retained Use Estate ' Lease Proposed Questions QUESTION I) What is so special about Caneel Bay that would require us to use a lease instead of a concessions contract? ANSWER: Cancel Bay is a special situation due to the existence of the Retained Use Estate. In 1983. Jackson Hole Preserve donated the land at Caneel Bay to the United States Government for inclusion within Virgin isl'-tds National Park and reserved the right to continue its operations under a retained use esti, . Jackson Hole Preserve did not convey the improvements on the land to the United States at that time. The RUE is scheduled to expire on September 30, 2023. The current operator, CBI Acquisition, holds the CUA through 2023 and cannot be required to convert to a concession contract nor a leit,e. CBIA initially approached the NPS requesting a 50- year extension of the existing RUE in 2005. They stated they needed additional time on the RUE in order to make needed improvements to the property and to remain profitable and competitive in the local hotel market. Initially, the NPS was opposed to the concept of extending the RUE, and opposed to legislation enabling a sole source lease. However, the current operator has stated they are not interested in a concession contract and after review of the indenture agreement revealed limited operational oversight and control over the size of the resort, as well as ambiguous language regarding how the improvements wou.d transfer to the NPS at the end of the RUE, the NPS reconsidered its position. QUESTION 2) The Cancel Bay property is being run as a private resort. However, it is parkland and it does not seem to he great Park Service policy that no requirements have been placed on the resort operator to allow the land to to accessed by the public. Can you explain why this is so? ANSWER: Under the current RUE, the NPS does not have the opportunity to place these types of requirements on the operator. It is important to note, however, that the grounds are open to the public as is the restaurant and bar facilities. . I . as itb 3 QUESTION 3) Who made the determination that a concessions contract would not work for the operation at this site? ANSWER: No final determination has been made that a concession contract would not work. After review of the RUE. and preliminary conversations with the holder of the RUE, the NPS concluded that a concession contract is not a viable solution at this time. The existence of a RUE provides the operator certain rights that allow them to operate under the agreement until 2023. In this regard. they cannot be forced to terminate the RUE and enter into a concession contract. Transitioning from a RUE to a lease has benefits currently unavailable to the park: fair market value rent maintenance standards restrictions on expanding the size of the resort ensure all property transfers to the Government at the end of the lease at no cost An additional factor is that CBI currently owns three parcels of property necessary to the operation of the RUE in fee simple ownership. and CIB has indicated a willingness to sell these parcels to the United States as part of this transaction. QUESTION 4) Why and how is the Cancel Ba site different than similar lodging facilities in other parks? ANSWER: The site itself is not that different. The existence of the RUE gives the operators certain rights that make it different. The resort has approximately 450 employees and serves as one of the primary economic engines for the U.S. Virgin Islands. r". \ .5 tiR N J QUESTION 5) How are other concessioners with similar lodging facilities able to obtain financing for their operations and for upkeep of the properties by using concessions contracts and why can this concessioner not do the same? ANSWER: It is our understanding that financing in the Virgin Islands is considered a higher risk than financing similar facilities in the United States, primarily due to the risk factors associated with extreme weather. QUESTION 6) Can you name any similar lodging operations in other parks that are using a lease instead of a concessions contract and how are they similar or different than the Caner! Bay operations? ANSWER: There are two similar lodging facilities operating under a lease. Both of these operations are located in the Pacific West Region: the Argonaut Hotel in the San Francisco Maritime National Historic Park. and at Fort Baker in the Golden Gate National Recreation Area. Both facilities were historic buildings that were considered excess to park needs, and to preserve and restore them, the parks entered into long-term leasing agreements. It . tr .1,, ro a - J I g e 110TH CONGRESS 27 SESSION .R.1143 IN THE SENATE OF THE UNITED STATES Mono 5, 2008 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To authorize ,ie Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tires of the United States of America in Congress assembled, rialmaaapisraosal.- I 118 .11,1Mh L.. .... ._, ..., I SECTION 1. DEFINITIONS. 2 In this Act, the following definitions apply: 3 (1) SECRETARY.-The term "Secretary" means 4 the Secretary of the Interior. 5 (2) RUE.-The term "RUE" means the re- 6 tamed use estate entered into by the Jackson Hole 7 Preserve and the United States on September 30, 8 1983. 9 (3) PARK.-The term "park" means Virgin Is- 10 lands National Park. (4) CBI.-The term "CBI" means CBI Acqui- 12 sitions, LLC. 13 (5) RESORT. -The term "Resort" means 14 Caneel Bay Resort on the island of St. John in Vir- 15 gin Islands National Park. 16 SEC. 2. LEASE AGREEMENT. 17 (a) AUTHORIZATION.-The Secretary may enter into 18 a lease agreement with CBI governing the use of property 19 for the continued management and operation of the Re- 20 sort. 21 (b) ADDITIONAL LANDS.-Any lease entered into 22 pursuant to this Act shall include the property covered by 23 the RUE and any associated property owned by CBI do- 24 nated to the National Park Service. 25 (c) TERMS.-The lease agreement authorized under 26 subsection (a) shall- Basin RFS csamelrEteirtialgt."1,-4.w.-^4 411 1 2 11 3 1 (1) require that operations and maintenance of 2 the Resort are conducted in a manner consistent 3 with the preservation and conservation of the re- 4 sources and values of the Park as well as the best 5 interests of the Resort; 6 (2) be for the minimum number of years prac- 7 ticable to enable the lessee to secure financing for 8 any necessary improvements to the Resort, taking 9 into account the financial obligations of CBI, but in 10 any event shah ant exceed 40 years; 11 (3) prohibit any transfer, assignment or sale of 12 the lease or otherwise convey or pledge any interest 13 in the lease without prior written notification to and 14 approval by the Secretary; 15 (4) prohibit any increase in the number of 16 guest accommodations available at the Resort; 17 (5) prohibit any increase in the overall size of 18 the Resort; 19 (6) prohibit the sale of partial ownership shares 20 or timeshares in the Resort; 21 (7) be designed to facilitate transfer of all prop- 22 erty covered by the lease to Federal administration 23 upon expiration of the lea, and HR 1143 RFS a t, Sr I 4 1 (8) include any other provisions determined by 2 the Secretary to be necessary to protect the Park 3 and the public interest. 4 (d) APPRAISALS.-The Secretary shall require ap- 5 praisals to determine the fair market value of all property 6 covered by the RUE and any property, including the value, 7 if any, of the surrendered term of the RUE, owned by 8 CBI to be donated, or otherwise conveyed, to the National 9 Park Service. Such appraisals shall be conducted pursuant 10 to the Unifori Appraisal Standards for Federal Land Ac- 11 quisition. 12 (e) COMPENSATION.- 13 (1) IN GENERAL.-The lease authorized by this 14 Act shall- 15 (A) require payment to the United States 16 of the property's fair market value rent, taking 17 into account the value of any associated prop- 18 erty transferred by CBI as well as the value, if 19 any, of the surrendered term of the RUE; 20 (B) include a provision- 21 (i) allowing recalculation of the 22 amount of the payment required under this 23 subsection, at the request of the Secretary 24 or CBI, in the event of extraordinary un- 25 anticipated changes in conditions antici- till 1143 RFS 7 44"-.114014'4,7ResSo4Pa. 5 1 pated at the time the lease was finalized; 2 and 3 (ii) providing for binding arbitration 4 in the event the Secretary and CBI are un- able to agree upon an adjustment to the 6 payment in these circumstances. 7 (2) DISTRIBUTION.- Eighty percent of the pay- 8 went to the United States required by this sub- 9 section shall be available to the Secretary, without 10 further appropriation, for expenditure within the 11 Park. The remaining twenty percent shall be depos- 12 ited in the Treasury. 13 (3) APPLICABILITY OF CERTAIN LAW.-Section 14 321 of the Act of June 30, 1932 (40 U.S.C. 1302), 15 relating to the leasing of buildiags and property of 16 the United States, shall not apply to the lease en- 17 tered into by the Secretary pursuant to this Act. 18 SEC. 3. RETAINED USE ESTATE. 19 As a condition of the lease, CBI shall relinquish to 20 the Secretary all rights under the RUE and transfer, with- HR 11411 are ; 5 / 1 6 1 out compensation, ownership of improvements covered by 2 the RUE to the United States. Passed the House of Representatives March 4, 2008. Attest: HR 1143 RFS LORRAINE C. MILLER, Cleric. By DEBORAH M. SPRIGGS, Deputy Clerk. I 11.41111.6. 0011111 ..Sr NSW.-.--- H.R. 1143 Virgin Islands National Park Lease Delegate Donna Christensen (D-VI) introduced H.R. 1143 on February 16, 2007. There are no co-sponsors. The bill would allow the Secretary to enter into a lease with the current holder of a retained use estate at Virgin Islands National Park for the Caneel Bay property, which is currently operated as a luxury resort, after the early termination of the retained use estate and donation of all improvements to the NPS. The resort was established in 1956 by Laurance S. Rockefeller and the Jackson Hole Preserve. 'n 1983, Jackson Hole P- ye donated the land at Caneel Bay to the United States Cloven tent for in Virgin Islands National Park and reserved the right to contiii, opera, ons wide :mined use esta, k son Hole Preserve did not convey the improvements on the ' 'he United States at that time. The reserved use estate is scheduled to expire on Supt. 0, 2023. The warrant. deed stipulates that when the retained use esta rminati. owner of the retained use estate must donate the buildings and other improvements the NPS. Enactment of H.R. 1143 would allow the holder of the retained use estate to negotiate a long term lease with the NPS that mild extend the aneel Bay Resort operation beyond the year 2023. A lease could provide economic id administrative benefits to the NPS that are not available or not g s wider a ained use estate or a concession contract, two other option. st in- r- zunin Is to to THE FUTURE OF CANEEL BAY RESORT Background Caneel Bay Resort was established in 1956 by Laurance S. Rockefeller and Jackson Hole Preserve. In 1983, Jackson Hole Preserve donated approximately 150 acres of land at Caneel Bay to the United States Government for inclusion within Virgin Islands National Park. The hotel operation was permitted to continue under a "Retained Use Estate" which is scheduled to terminate no later than September 30, 2023. The Warranty Deed presently stipulates that when the Retained Use Estate terminates, the owner of the Retained Use Estate will be required to convey the buildings and other improvements to the National Park Service (NPS). Cancel Bay has been established as a "Rockresort" and caters to an upscale clientele that stay an average of 6 nights and 7 days. The resort has a high repeat clientele. The amenities and services available at Cancel includes, 166 guest rooms, 3 restaurants,) beach bar, 11 tennis courts, one pool, 7 beaches, a fitness center, and a self centre offering yoga, pilates, and 4 massage therapy rooms. In addition to these services, Cancel Bay also offers a variety of watersports equipment and activities for their guests' use and enjoyment, ranging from sailing to snorkeling. The hotel consists of all single rooms, with small seating areas as well as a balcony or patio for each room. There are no televisions or telephones in the rooms. Air conditioning was recently added to all units. During the peak winter season, rates range from $450 upwards to $1,350 per night per room. Summer rates span from $350 to $875 per room per night based on double occupancy. Rates do not include meals, but does include the use of non-motorized watersports equipment e. g. kayaks, windsurfing boards, floats, snorkel gear, and sunfish boats. The resort employs approximately 425 to 450 employees and serves as one of the primary economic engines for the island of St. John and employs a large number of employees from St. Tho.s.r.z. ale resort also has a unionized workforce covering the wait staff, grounds and maintenance, as well as the housekeeping staff. Caned Bay currently is an Economic Development Center (EDC) beneficiary and receives various tax exemptions from the V.I. Government. It is one of two resorts on the island of St. John. Options for the future use and management fq Caneel Bar Resort Option I: Continued private operation of Cancel Bay through an extended retained use estate. Cancel Bay would continue to operate independently and be eligible for any tax incentive benefits from the V.I. government. Its significant contributions to the economy of St. John and the Virgin Islands as a whole would remain in tact. Caneel's relationship with the Park woul ' continue; it would also continue to maintain the premises in a manner consistent with N?S conservation and preservation values. The resort plays an important role in the St. John community and partners with several local and government agencies to effect positive change. However, the NPS would receive very little economic benefit as owner of the property. Option II: Operation of Cancel Bay under a Category 1 Concessions Contract. The NPS would maintain operational oversight and ensure contract compliance and financial accountability. The possibility exists that Cancel would not be eligible for EDC benefits as a concessionaire, making it less lucrative to operate. As a concessions operation, the Park would benefit fro:: the collection of a significant amount of franchise fees. his is important to note that if Cancel is operated under a concessions contract, the Park will be burdened with the payout of possessory interest at the closure of the contract, which could possibly amount to millions of dollars. Under this option the Park Service concessions staffing levels would have to be increased to oversee an operation of such magnitude and complexity. Concessions contracts are generally limited to periods of 10 years, which may not give the operator reasonable time to make a return on their capital investments. Concessions contracts are competitively awarded and current owners may not necessarily be awarded the contract. The NPS will also have to conduct a Feasibi Study to determine the economic sustainability/viability of such a venture. Option Operation of Cancel Bay under a Historic Property Lease. The NIBS would lease the property through a cooperative agreement ensuring the continued preservation of the pronerty. The leasee would pay the NPS fair market value for the lease taking into consideration the necessary adjustments for the leasee's investments. The NPS would not provide any operational oversight ,f the operation. The buildings and structures contained therein would be maintained, repaired, or constructcd by the leasee, in accordance with NPS standards, policies and guidelines. Historic leases are also competitively offered. The Historic Leasing option, if applicable, would provide the following to NPS: The Park would receive fair market value for this lease with minimal impacts to Park operations and concessions staffing. The operations, grounds, buildings etc. would be kept in a manner that is consistent with NPS conservation and preservation values. The operator would be entitled to receive tax incentive packages. The leasing option does not have to withstand the scrutiny of a resort being considered a "necessary and appropriate" concessions contract. 1, lilt The Park will not be liable for a multi-million dollar payout in possessory interest once a concessions contract is terminated. The precedent for extension of the existing Retained Use Estate would not be established. Lease and cooperative agreements may extend up to 50 years. Finally, it is recommended that the NPS enter into a contract with a consulting firn. that will fully analyze the various options available for the future operation of Cancel Bay. If not, then perhaps a team of NPS subj-ct-matter experts be assembled to analyze and study the future use of the resort. Moreover, at some point the DOT's Solicitor's Office should be contacted for the pu.-pose of rendering a legal opinion to ensure that the options would be consistent with the terms and conditions of the warranty deed. aftz-rv.-Fr.-10 Th Wet ...minim rm. . L, -01 t. J 4_ Oct 18 07 02 28p Concessions Paul or Elba :k.-17-2107:71E: 03 ;a US CE21 OF PIE INTERico . a- AS.- 4 4,1 : 40111 ,KUPI PAP 41:t bast l7ttl2 30 ROCREC".XLLER F 1-A Z_L New Togs, ail, tout rteor 51i,). The Honorable Mary A. Bomar ()bream tonal Park Service 13 S. Deperunent of the interior 1849 C Street, N.W. !twirl :12 _ _ Washington. D.C. 20240 Deer Medan Director. 340-714-0545 p 2 P :OS /JOE P 2 tassit4Wv.^00 **14.1!:; June 4. 200 ..q.01 14 hi3; This kite is to express the views the o: Executors of the Estate of Latuar.ce S. Rockefeller and the Trustees of Jackson Hole Preserve ins. ("114:P1") or. the loo3.4erni fume of Cancel Bay within the Virgin Islands National Park. As you afro probably aware. the Vtrgto bards atr-o-rial Park was created through gilts of land to the United States by Laurance $ Rockefeller through 514 PI Laurance S Rockefeller was the lone -rimeChairman and Pricii ;n of /HPI, and I succeeded him in those posts. I 2121 also one of the Executors of his E;seate vole undersmti that this issue is under active consideration to response to the request: of the current awns of the Retained Use Estate ("the RUE"; to extend that right or replace it w rh another right of occupancy with a longer term. Wears aware that legislation has been introduced to provide the National Park Service authority to enter Into a lease with the curter owners of the RUE. During his lifetime, Laurance made n clear that his intesniuo for the `ongtmm was silo Cancel be part of the Virgin islands National Park He expressed this in a number of documents sod comments. In 1988, be wrote then Director William Mott and expressed the view that% RUE should nut be =tended . in order to carry out the lent -standing objective of (Jackson Hole Paver) that the premises ultimately be art integral part of the Virgin Islands National Park under the jurisdiction of the Secretary of !rerun for the use and enjoyment by visitors of tne Park L.ezzance did not express on opinion on whet specific use should be mode of the property as part of the Park He genteelly believed that this should be left up to the management of the NPS when Cie iimc foes decision came. However. from his approach and actions in compare ale SittiatOOCO we are convinced he would advocate a elan that mini: iced further impact on the laid and eventual public use. rvi to of Laic/cc/Li sae root I. o . tAlet ,1 Oct 18 0/ 0228p Concessions Paul or Elba 30.15 US Girt OF 14E INFI1F raw / AA 4 t 543i ' 7432 The Honorable Mary A. Bomar 340-714-0545 P3 Juno i 4. :007 We are swore that n number ofproposals have boon put forward ore: the years out that the NI'S has not maenad a derision. We are also aware thin the current aviators of the RUE ow dQtpSaaizc that they must have a longer term of occupancy :c obtain financing for accessary improvements. Further, we are aware that the employment offered by Cartel is a signifies: contributor to the economy of the Virgin islands. In light of these factors, we felt it important '.o kt the know that we do not necessarily oppose any extension of the term of occupancy and therefore do not oppose the legislation which would provide the NPS N'PSwith leasing authority. We would urge, however, any evi eaten whether by RUE or lease be accompanied by canifti: :imitations to preserve very special nature of Canto) which Laurance created We suggest: That the c:saracr of Cancel as presently configured should not be lamed. T eee should be no expansion to the number of guess accommodations. Additional development shook! be 'joules! to providing support facilities for existing improvements. Any changes must be subject to prior Nariocal Pali Service approval. 2 That there be a prohibition against sale of partial ownerships or timeshares. 3. That the term of any extension be as short as financially feasible to allow financing for essential improvements. That there be operation and maintenance minim.. to maintain the high standards of Caned. 5. That than be a requirerndat for NP3 approval of any transfer of ownership or comsat: of the property interest. 5 That them be adequate compensation to the NPS for the substantial additional value an extension wouldcreate and that the compensation be :meta* for us, within the Park itself Clearly this is a decision to be made by the NPS;but we believe the: this approach col 'd provide a practical solution in light of expect circumstances without cosipronnts tog the long- term possibility of Canoe! becomes a part of the Park as Laurance swished and expeeted. cc: Henry L. Diamond, Esq. By Foarimide with Nara Copy to Follow 5:a / ;coltt Sincerely, Clayton W. Frye. Jr. et I, JUL- It -!e61'.1Uir 64.1 P )3 /Orb P. I NPS ar t't o 4. tie to no ISA tie 1 I. Oct 18 07 02 28p Concessions Paul or Elba DRAFT - Controlled Correspondence #07 - 038 Due Date - July 16, 2007 A3815 July 12, 2007 Mr. Clayton W. Frye. Jr. Jackson Hole Preserve, Inc. 30 Rockefeller Plaza New York, NY 10112 Dear Mr. Frye: 340-714-0545 p 4 Thank you for your letter regarding the long-term future of Cancel Bay within Virgin Islands National Park. The National Park Service is committed to carrying out the wishes of Laurance S. Rockefeller, and the concerns of the Executors of his Estate and the Trustees of Jackson Hole Preserve, Inc. are very important to us. The National Park Service has been considering alternatives for the future of Cancel Bay, Inc. (CBI). We are aware that closing CBI would be a locally unpopular and economically depressing action for the island of St John. We agree with the suggestions that you offered in your letter. and we will take them into consideration as we move forward with this process. No final determination has been made regarding the future of the Retained Use Estate. As you are aware, there is Congressional legislation pending that would authorize the current management company to continue. operating the resort as a lease arrangement with the National Park Service. If the legislation is passed and a lease agreement is determined to be the best management option for the National Park Service, all of the limitations addressed in your letter will be given high priority in developing the lease conditions. Please be assured that a future lease, if it transpires. would ensure maintenance of the resort's existing character and would provide the National Park Service with greater control and oversight to protect and preserve the natural and cultural resources contained within the properties occupied by CBI, in accordance with the wishes of Laurance S. Rockefeller. Again, thank you for your letter and for your continued support of the National Park Service. Sincerely, Mary A. 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I CtS,0.13 --eC. ONE - .;IIY CURRENT TIME 4 75 PM CURRENT TEMPERATURE 79 F Situated on a 1 70 acre peninsula surrounded by the beau:, of the Virgin Island National Park and seven pristine beaches, Cancel Bay is on St John in the U S Virgin Islands With 3/5 of the island preserved under the national park system, the island remains the least commercial and low key of the three USVI islands. This tiny island is only accessible by boat or ferry Its beaches are considered to be some of the best in the world, white sandy beaches shaded by seagrape trees and coconut palms. NOTE: No passport is required for U S. citizens traveling to the U.S.V./. An original copy of one's birth certificate with photo 1.0 may be presented for entry COGTCT UT IIIVACT POLICY IMPLCSTMINT PISS MIDIA Waal, CiD CaNEEL eav *GOUT 0.11 MOLT 0111v.111 'aria P HOTO GAL GUIST 00IS S AM II PAC AG'S IIIIT.C111 ACTvt,IS 0,*0111 G IST:NCI 4 SVIDOINGS 11511 ROOM cocci:AIN ?WISE,/ CI47111 JOIN Owl MAIL Lis, SITE MAP http://www.caneelbay.com/travel.cfm 10/10/2007 7t A cm A 5115111,ty Ii oof A, toga, no %sm. 111101 Cl) 1101 fre tC10All 1 011 woo* tarti s E wait WO. OS0011 ONENS \ 1 1 St John Island Vacations I Overview of Cancel Bay Caribbean Island Vacation Getaways Page 1 of I )04400 GA0CW11 Id IpuST IIGIOC101 Irks WL CANEEL BAY. A ROSEWOOD RESORT PO Box 720 St john V1 USA 008)i-0720 T 340 775 51 i I F 140 11 8200 NY Sales OTice 21 2 750 1735 caniielarosewoodPotels corn Caneel Bay invites you to disconnect' in pristine natural surroundings and low-key luxury. The exclusive resort, nestled within the Virgin Islands National Park on St John, remains faithful to the vision of founder Laurance Rockefeller and his reverence for the environment Seven secluded white sand beaches border 110 lush acres where Caneel's accommodations have been artfully built to blend into the landscape. A true escape, the resort remains purposefully absent of modern glitz, digital distractions and the furious pace of the world at home CONTACT lel 1.11tvGV 1.01,,G .C." PitOl LI CaN66t. eav 1101111 100111 ,, IONS 170TO G11.11 GUIST ROOMS WI, 0CvCIS 1111.CII C.T.,711111 .4117114GS OITA,* CA .01111 Tool sill 4.11111 JOIN GUI loam silt SITE MAP http://www.caneelbay.cotn/overview.cfm 10/10/2007 .a fi rtk ' . . do,. _ ser .2" --Vodd TS401. 101I*000 0041111 A An11,11100 41,051' SI . % r 1.141% ,o SIIOSS 01,84,11. S OusoMG SYSISOurICI .111 SOON 0011..000 osorrfts 610101ns 1 r J .5 Luxury Beach Resorts I Caned Bay Virgin Island Resorts & St. John Island Vacations CaNEEL say .5 ftOsISS OM/ 12101: I St kWh vigulsi 151 ss,1 %C1,. to muss ROOM MEDIA KIT Resort Fact Sheet Location St. John, United States Virgin Islands Guests visiting Caneel Bay, A Rosewood Resort fly into Cyril E. King Airport in St. Thomas (STT) accessed by American A Hines, US Airways, Delta Airlines, Continental Airlines. United Airlines and select regional carriers. 4 miles (35 minute ferry ride) from Char'otte Amalie or I mile (15 minute ferry ride) from Red Hook Resort provides St Thomas airport reception and Check-in followed by a short land transfer to Caneel Bay's private boat service to St. John. Caneel Bay also offers regular boat service to its sister resort, Little Dix Bay, A Rosewood Resort on Virgin Gorda, British Virgin Islam's. The scenic, 90-minute trip eastward through the Sir Francis Drake Channel features breathtaking views of emerald islands and turquoise waters. Among the highlights are vistas of Tortola, Norman and Peter Islands, Cooper and Ginger Islands, Beef Island and Scrub Island. Proof of citizenship is required to travel from the United States to toe British Virgin Islands. Resort Concept/Philosophy Set on its own peninsula aria surrounded by the Atlantic Ocean and Caribbean Sea, Cancel Bay offers seven separate beaches on a 170 acre peninsula and is located in the heart of the 5,000-acre Virgin Islands National Park Managed by Rosewood Hotels ai Resorts, Cancel Bay ensures the Rosewood signature commitment to excellence which entails unparalleled attention to detail, devotion to stye and understated elegance and exceptional personalized service. Resort History Laurance S Rockefeller 'discovered' Cancel Bay in 1952 while sailing in the Caribbean. The total population of the island was only 400, and 85 percent of the island's topography was Jungle. He foresaw the perfect vacation spot amid this unspoiled land and purchased the Caneel Bay Plantation. In i955, he began developing an infrastructure on the island to provide the resort with power, fresh water and roads He oversaw every detail of the development. He donated the proper'y to Jackson Hole Preserve, a non-profit, conseivation ruled foundation supported by the Rockefeller family. The preserve later purchased 5,000 more acres surrounding Cancel Bay and donated the land to the federal government, thus paving the way for the creation of the U.S.V.I. National Park. In 1993, Cancel Bay became a Rosewood Resort Beaches Circling the peninsula, Caneel Bay features seven secluded beaches: Honeymoon Beach, Caneel Beach, Little Cancel Beach, Paradise Beach, Scott Beach, Turtle Bay Beach and Hawksnest Beach. Each of the beaches is defined by its own unique personality. Honeymoon is the only "uninhabited" beach, free of accommodation Cancel and Little Caneel are popular with families due to their gentle waters and abundant water sports activities Paradise and Scott are known as the 'peace and quiet" beaches and are famed for their glorious sunsets. Turtle Bay is an intimate cove with gentle breezes and picturesque island vistas. Finally, Hawksnest is known as the "wild beach" and is preferred by those seeking a golden sunrise and the lull of gentle surf. Guest Rooms hm //www caneelbay.corn/Mediakits novub.cfm/id/7 10/10/2007 , '1, ii 0 LA Ir ; j Luxury Beach Resorts I Caned Bay Virgin Island Resorts & St. John Island Vacation_, 166 airy, spacious guest rooms feature air-conditioning with digital in -room climate control, louvered walls, open-picture windows and ceiling fans to allow guests to take in St. John's plentiful trade winds. Casually elegant interiors are decorated with hand -crafted furniture, richly woven fabrics, plush reading chairs, commissioned artwork and tiled bathrooms. All rooms feature either a patio or balcony and offer breathtaking views of the pristine white beaches or lush tropical gardens. All guest rooms include sitting area, fully stocked refrigerator /mini -bar, safe, bathrobes and slippers, iron and ironing board, hairdryer and umbrella There are no telephones or televisions in the individual guest rooms. Once the island home of the Rockefeller family, the famous 'Cottage 1' has housed celebrities and political figures, who enjoy its secluded location and its five and' iduaily designed rooms, some featuring Dutch-style, four-poster beds. Resort Dining CANEEL BEACH TERRACE Caneel Beach Terrace is iocated directly adjacent to the reception/lobby ea. The dining room which features an open-line kitchen with wood-burning oven and rotisserie, overlooks Caneel Beach Popular for its sumptuous breakfast and lunch buffet Cancel Beach Terrace is home to the resort's renowned Monday night grand buffet. All meals feature the finest cuisine prepared with health and fitness in mind. CANEEL BEACH GRILL The Caneel Beach Grill serves all day favorites ranging from salads to burgers to meatloaf sandwiches, with a nod to relaxing flavors of 1950s home -cooking BREEZEWAY BAR With a view of Caneel Bay Beach, the Breezeway Bar serves iefeshing cocktails throughout the day and provides a lovely vantage point for watching the arrival of boats to Cancel's dock or for enjoying views of the sun setting behind St. Thomas as evening approaches EQUATOR Set high atop the resort's le century sugar mill ruins, overlooking Cancel Bay with St. Thomas on the horizon, Equator features fresh seafood and grilled meats prepared with Caribbean-Asian flair. The open-air, lofty restaurant is prized for its evening breezes and spectacular sunsets. More intimate dining can be experienced in the adjacent sugar mill ruins. "Dinner in the Ruins" features romantic 1110-torch and candlelight dining amid the historic stone walls and the expansive starlit skies SUNSET TERRACE The open-air Sunset Terrace is perched above the Caneel Bay Bar and overlooks the water sport activity on Cancel Bay Beach This exceptional vista serves as the perfect spot to enjoy a refreshing cocktail or a light snack TURTLE BAY ESTATE HOUSE Perched high on a panoramic peninsula, the Turtle Bay Estate House offers an inspired menu of contemporary American cuisine served within the walls of an 18th-century plantation house Breakfast and lunch buffets are also served in high season at Turtle Bay The restaurant's verandah, surrounded by shade trees and Caribbean hardwood furniture, is the perfect setting for afternoon tea or evening cocktails THE WINE ROOM The Wine Room, located within the Turtle Bay Estate House seats up to 10 for private dinners. A prix-fixe, seven- course menu, carefully selected to highlight selections from Caneel's wine collection, is offered. The wine list is comprised of 265 selections to complement wine tastings and pairing dinners The Caribbean's only fully operational, temperature-controlled wine room boasts over 1,000 bottles of wine. Weekly wine tasting is offered on a complimentary basis to preview the -esort's latest selections. Exclusive Services THE SELF CENTRE Located atop a quiet bluff offering breathtaking views of the Sir Francis Drake Channel, the Self Centre offers an array of mind and body approaches for stress relief, relaxation, rejuvenation and a renewed sense of self. The Self Centre, which includes something for every guest including yoga, meditation and Ayurveda, is run by creator and director Jan Kinder, a registered nurse and educator for Deepak Chopra. CHILDREN'S PROGRAM Caneel Bay offers an extensive children's program for young guests, with the focus on making learning funs The resort's "Turtle Town' is the hub of children's activities, including: nature walks, arts and crafts, magic shows, pirate treasure hunts, a playground fish hunt and much more. All activities take place under the guidance of caring, knowledgeable and fully tra,ned super isors. Parents may join their children for some or all of the activities at Turtle Town if they desire. BABYSITTING SERVICES The resort offers a nanny service available during the day and evening hours with 24-hour notice requested. Nannies are carefully screened by qualified childcare professionals. Leisure Activities NATURE WALKS Choose from Cancel Bay's own nature trails or moderate to advanced trails .n the national park system Hiking affords http 'vs-Ns-vs caneelhay.com/Mediakits_poptip.cfm/id/7 10/10/2007 I r Luxury Beach Resorts I Cancel Bay Virgin Island Resorts & St. John Island Vacations close up views of more than 500 species of plant life The resort s 170 acres are criss crossed with well maintained paths for hikers, loggers and strollers. Cancel Bay resident horticulturist, Oriel Smith, conducts nature tours of the gardens. SIGHTSEEING The 5,000 acre Virgin Islands National Park surrounds the resort with spectacular views across the sea to other islands. Quaint shops and restaurants can be found in the nearby town of Cruz Bay. Excursions to St Thomas, or to Little Dix Bay on Virgin Gorda, and other destinations can be easily arranged. The resort's kitchens can prepare picnic lunches Historic Annabel g Plantation's restored sugar mill ruins offer a fate, titing insight into the history of the region Sports Recreational Facilities WATER SPORTS Swim or snorkel from a choice of seven pristine, powder white beaches Complimentary Sunfish sailing, sea kayaks, windsurfing and snorkeling equipment Private snorkeling outings ed by Cancel Bay's resident "Snorkulogist" One and two tank Scuba day and night dives, with complimentary introduction class Beautifully landscaped, freshwater swimming pool features floral "fencing" Private boat charters and deep sea-fishing trips Full and half day sailing excursions Sunset cocktail and beach BBQ cruises Nearby underwater snorkeling trail at renowned Trunk Bay, a short drive from the resort GOLF Opened in 1980 and designed by George & Tom Fazio, Golf Digest proclaimed Mahogany Run, "an engineering marvel being carved and blasted into an area of land just less than 110 acres." With 77,000 square feet of greens and tight, winding fairways, this is target golf with beautiful views culminating in the signature holes 13, 14 and 1, known as the Devil's Triangle Mahogany Run is located in St. Thomas, a short water and land transfer from the resort. FITNESS CENTER Open 24 hours, the cardiovascular training equipment includes: 3 Precor C956 Treadmills 2 Lifestep Stairclimbers 2 Tectnx Stationary Bicycles 2 Precor Recumbent Bicycles 1 Precor EFX Elliptical Trainer 1 Cybek Modular Strength Station press /tat pull down 1 Cybex Modular Strength Station leg extension/leg curl/cable column Free Weights. 1 50 pounds Exercise Mats, Fitness Balls, and Flat Bench/Incline Bench TENNIS Elegant, terraced Tennis Park with 11 all- weather, outdoor tennis courts Courts under the direction of Peter Burwash International Complimentary clinics and weekly round robin tournaments Private, semi private and group lessons available Outstanding Pro Shop offering the latest apparel and accessories Additional Amenities Half hour, one hour and couple's massage Watercolor painting classes with Caneel Bay's resident artist, Kat Sowa Hot Type program Cancel "sugarworks" stroll Jeep rentals for island sight seeing Nightly movie presentations at the Turtle Bay Estate House Manager's weekly cocktail party Gift shop /Clothing boutique with a wide selection of apparel souvenirs, magazines and select essentials http://www.caneelbay.com,'Mediakits popup.cfm/id/7 10/10/2007 I 1 Luxury Beach Resorts I Caned Bay I Virgin Island Resorts & St. John Island Vacations Business Center Computers (with high speed Internet access), phone and fax machine Cellular phones are available to guests at no extra charge Wireless Internet access available in select locations throughout the resort's grounds Operator Rosewood Hotels & Resorts Staff 450 employees Opened. Caneel Bay originally opened in March 1955 Opened 1993 as A Rosewood Resort Re opened November .Q96 after extensive refurbishments CONTACT INFORMATION Caneel Bay, A Rosewood Resort P 0 Box 720. St John, V I, USA 008 3 1 T 340./76 6111 F 340.693.8280 cancels rosewoodhotels.com http://www . c anee bay . com/Mediaic its_popup.c fm/id/7 10/10/2007 D V r. -tt STATEMENT OF KAREN TAYLOR-GOODRICH, ASSOCIATE DIRECTOR, VISITOR AND RESOURCE PROTECTION, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS, FORESTS, AND PUBLIC LANDS OF THE HOUSE COMMITTEE ON NATURAL RESOURCES CONCERNING H.R. 1143, A BILL TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO LEASE CERTAIN LANDS IN VIRGIN ISLANDS NATIONAL PARK, AND FOR OTHER PURPOSES. OCTOBER 30, 2007 Mr. Chairman, thank you for the opportunity to provide the Department of the Interior's views on H.R. 1143, a hill to authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park. and for other purposes. The Department supports the general intent of H.R. 1143 and what it seeks to aczomplish. However, we would like the opportunity to work with the Subcommittee to clarify the terms and conditions of the lease and when the lease would take effect. H.R. 1143 would allow the Secretary of the Interior to enter into a lease with the current holder of a retained use estate at Virgin Islands National Park for the Caned Bay property, which is currently operated as a luxury resort, after the termination of the retained use estate and donation of all improvements to the National Park Service (NPS). Without H.R. 1143 the NPS does not have the authority to enter into a lease, in accordance with 36 CFR §18, Leasing of Properties in Park Areas, without issuing a Request for Bids or a Request for Proposals. A noncompetitive lease could only be issued under two circumstances - by issuing the lease to a nonprofit organization or unit of government, or by entering into a short- term. 60-day or less lease, neither of which would apply in this case. 1 v' S `. 0 r a Caneel Bay Resort is one of two large resorts on the island of St. John. The resort is located on a 150-acre peninsula on the northwest side of the island of St. John and caters to an upscale clientele that stays an average of 6 nights and 7 days. The resort has approximately 425 to 450 employees and serves as one of the primary economic engines for the U.S. Virgin Islands. A large number of employees travel daily to St. John from their residences on neighboring St. Thomas. The resort is also an Economic Development Center beneficiary and, as such, receives various tax exemptions from the Government of the Virgin Islands. The resort was established in 1956 by Laurance S. Rockefeller and the Jackson Hole Preserve. In 1983, Jackson Hole Preserve donated the land at Cancel Bay to the United States Government for inclusion within Virgin Islands National Park and reserved the right to continue its operations under a retained use estate. Jackson Hole Preserve did not convey the improvements on the land to the United States at that time. The reserved use estate is scheduled to expire on September 30, 2023. The warranty deed stipulates that when the retained use estate terminates, the owner of the retained use estate must donate the buildings and other improvements to the NPS. Enactment of H.R 1143 would allow the current holder of the retained use estate to negotiate a long-term lease with the NPS that could extend the Cancel Bay Resort operation well beyond the year 2023. Such an extension could allow the leaseholder to secure financi^g and undertake other long-term operational measures that might not be possible under the provisions of the current retained use estate. 7 - -1 2 The NPS has evaluated various options for the future use and management of the Caneel Bay property. Based upon a value analysis, we determined that the continued future operation of Cancel Bay as a resort under a lease would provide the greatest advantage to the NPS and the U.S. Virgin Islands. A lease could provide economic and administrative benefits to the NPS and the lessee that are not available or not as viable as under a retained use estate or a concession contract, two of the other options that were examined. Any lease agreement would have to address the continued protection, preservation, and restoration of the property's structures, many of which are more than 50 years old and may be National Register eligible. The lease agreement would also have to determine the fair market value of the property, any constraints on development of property during the term of the lease, and the ability to transfer the lease in the future. Also, when the current retained use estate was finalized there were three small properties that are integral to the operation of the Cancel Bay resort that were not included. We would like to include these properties under the terms of the lease. Finally, H.R. 1143 may need to be amended to clarify the intent of the bill regarding when the current retained use estate would expire and when the new lease would begin. We will be happy to work with the Subcommittee to develop these amendments. Mr. Chairman, this concludes my prepared remarks. I would be pleased to answer any questions you or other members of the Subcommittee may have. 3 bk IPS 1 1 trrii CI )N1 ;HESS 21) Sliss 1N Union Calendar No. 323 H. R. 1143 [Report No. 110-5321 To authorize the secretary of the Interior to least mono land in Virgin Islands National Park, and for other 'imposes IN THE HOUSE OF REPRESENTATIVES 16, 201)7 Mra. l'IlittsTENsEs 11101)(111(NA the following bill; which was referred to the Committee on Natural Rest tunes 1.17:000 till 2$, 200$ lioistrted with an amendment, v011ittittett to the Committee of the Ilouse on the State of the Union, and ordered to Is' printed !strike unit all after the enacting clause a.ad inhert the part printed in italic! 'For text of introduced hill, see copy of bill an into. lard .1 Flontary 16, 20071 A BILL To authorize the Secretary Of the Interior to lease mini!' lands in Virgin Islands National Park, and for other purposes. I Be it emitted by the Senate and House Bepresenta- 2 lives of the United Slates .lans rico in Congress assembled, 3 SECTION 1. DEFINITIONS. 4 In this .let, the illoing definitions apply: 111 FEBRUARY whole of - 3 1 values of the Park as well as the best interests of the 2 Resort; 3 () be for the minimum number of .years pine- 4 livable to enable the lessee to secure financing far any 5 necessary improvements to the Resort, taking into ay- 6 count the financial obligations of CBI, but in any 7 event shall not exceed 40 years; 8 (3) prohibit any transfer; assignment or sale of 9 the lease or otherwise convey or pledge any interest in 10 the lease without prior written notification to and up- 11 proved by the Secretary; 12 (4) prohibit any increase in the number of guest 13 accommodations available at the Resort; 14 (5) prohibit any increase in the overall size of 15 the Resort; 16 (6) prohibit the sale of partial ownership shares 17 or timeshares in the Resort; 18 (7) be designed to facilitate transfer of all prop- 19 erty covered by the lease to Federal administration 20 upon expiration of the lease; and 21 (8) include any other provisions determined by 22 the Secretary to be necessary to protect the Pork and 23 the public interest. 24 (d) APPR.IINALs.-The Secretary shall require ap- 25 monads to determine the flair market value of all property 1.1R 1143 RH ....ompormrsMs... .10 4 I covered by the RUE and any property, including the mint 2 if any, of the surrendered term of the RUE, owned by CBI 3 to be donated, or otherwise conveyed, to the National Park 4 Service. Suchappraisals shall be conducted pursuant to the 5 rnifbrn Appraisal Standards for Federal Land 6 lion. 7 (e) l'u.ww.vs.IT1ON.- 8 (1) /N GENERAL-The lease authorized by this 9 Art shall - 10 (A) require payment to the United States of 11 the property's fair market value rent, taking into 12 account the value of any associated property 13 funs /heed by CBI as well as the value, if any, 14 o /' the surrendered term of the RUE; 15 (B) include a provision- 16 (i) allowing recalculation of the 17 amount of the payment required under this 18 subsection, at the request of the Secretary or 19 CBI, in the event of extraordinary unan- 20 licipated changes in conditions anticipated 21 at the time the lease was finalized; and 22 (ii) providing for binding arbitration 23 in the event the Secretary and CBI are un- 24 able to agree upon an adjustment to the 25 payment in these eirtli lush, s. HR 1143 *H " Acquisi- %Ion --- 1 (2) 'MON.-EON percent of the pay- 2 United States required by this subsection 3 shall be available to the Secretary, without .further 4 appropriation, li,r expenditure within the Park The 5 remaining twenty percent shall be deposited in the 6 Treasury. 7 (3) .1 Prl,11 :11111,1n OF CERT.la L. IW.-Section 8 3:21 of the .1 flint 30, 1932 (40 1302), e- 9 lilting to the leasing of buildings and property of the 10 United Slates, shall not apply 1 the lease entered I I into by the Secretary pursuant to this Act. 12 SEC. 3. RETAINED USE ESTATE. 13 As a condition of the lease, CBI shall relinquish to the 14 Secretary all rights under the RUE and transfer, without 15 compensation, ownership of improvements covered by the 16 RUE to the United States. HR 1143 RH J ment to the of U.S.C. ..11.....1.1.111M...111mmora. 1] , a S Union Calendar No. 323 MOTU /NIMESS 21) SKs.sn)N H. R. 1143 [Report No. 110-532) A BILL To authorize the seeretary or the interim' to lease certain hinds iu Vireo Islands National Park, and for other 1)1111)0WS. 1..1.:11n1 .Iti 2t., 210. Reported with oh alnniltio.ot, vonimitted to the Com- snifter, of the Whole on the Stan. of 1111. Union, MINI ordered to Iwo printed ti ( !Iowa. 01MINL ,1111-,,,, 1 44. It/k Stenographic Transcript of Hearings (66 Subcommittee on National Parks COMMITTEE ON ENERGY & NATURAL RESOURCES UNITED STATES SENATE THE PURPOSE OF THE HEARING IS TO RECEIVE TESTIMONY ON THE FOLLOWING BILLS: S. 1774, TO DESIGNATE THE JOHN KREBS WILDERNESS IN THE STATE OF CALIFORNIA, TO ADD CERTAIN LAND TO THE SEQUOIA-KINGS CANYON NATIONAL PARK WILDERNESS, AND FOR OTHER PURPOSES; S. 2255, TO AMEND THE NATIONAL TRAILS SYSTEM ACT TO PROVIDE FOR STUDIES OF THE CHISHOLM TRAIL AND GREAT WESTERN TRAIL TO DETERMINE WHETHER TO ADD THE TRAILS TO THE NATIONAL TRAILS SYSTEM, AND FOR OTHER PURPOSES; S. 2359, TO ESTABLISH THE ST. AUGUSTINE 450TH COMMEMORATION COMMISSION, AND FOR OTHER PURPOSES; S. 2943, TO AMEND THE NATIONAL TRAILS SYSTEM ACT TO DESIGNATE THE PACIFIC NORTHWEST NATIONAL SCENIC TRAIL; S. 3010, TO REAUTHORIZE THE ROUTE 66 CORRIDOR PRESERVATION PROGRAM; S. 3017, TO DESIGNATE THE BEAVER BASIN WILDERNESS AT PICTURED ROCKS NATIONAL LAKESHORE IN THE STATE OF MICHIGAN; S. 3045,TO ESTABLISH THE KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL FOREST HERITAGE AREA IN THE STATE OF ALASKA, AND FOR OTHER PURPOSES; H.R. 1143, TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO LEASE CERTAIN LANDS IN VIRGIN ISLANDS NATIONAL PARK, AND FOR OTHER PURPOSES; AND S. 3096, A BILL TO AMEND THE NATIONAL CAVE AND KARST RESEARCH INSTITUTE ACT OF 1998 TO AUTHORIZE APPROPRIATIONS FOR THE NATIONAL CAVE AND KARST RESEARCH INSTITUTE Tuesday, June 17, 2008 Washington, D.C. ALDERSON REPORTING COMPANY 1 155 CONNECTICUT AVENUE, N.W. SUITE 200 WASHINGTON, D.C. 20036 (202) 289-2260 110+4?: "65 Ix et (Aa_i '16444..3 Caney.. Pint 'Tra.-r_Cchpf- S. 1114, ftc I David Brooks <david brooks@energy senate gov> cc: 09/05/2008 02.59 PM Subject: FVV: revised Caneel Bay draft (WEI08649.xml) To: Don Hellmann <Don_ Helimann@nps gov>, Melissa Kuckro <Melissa_Kuckro@nps.gov>, Jo Pendry <Jo Pendry@nps.gov> AST Here is the updated Caneel Bay draft back from leg. counsel. I've added a definition of associated property and made a couple of technical amendments. I have forwarded this amendment to Rep. Christensen's office and Tom Lillie and am waiting to hear back from them. David End of Forwarded Message WE108649.2APd1 rrIWInhatonork.+4,-. 0:\WERWEI08649.xml S.L.C. AMENDMENT NO. Calendar No. Purpose: To provide a complete substitute. IN THE SENATE OF THE UNITED STATES-110th Cong., 2d Sess. H.R. 1143 To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. Referred to the Committee on and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by Viz: 1 Strike all after the enacting clause and insert the fol- 2 lowing: 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Cancel Bay Lease Au- 5 thorization Act". 6 SEC. 2. DEFINITIONS. 7 In this Act: If INIMOSN., r \WEI\WEIOS649 xml S 2 1 (1) ASSOCIATED PROPERTY.-The term "asso- 2 ciated property" means real property on the island 3 of St. John that is- 4 (A) owned by the owner of the retained use 5 estate; and 6 (B) related to the operation of the resort. 7 (2) PARK-The term "Park" means Virgin Is- 8 lands National Park. 9 (3) RESORT.-The term "resort" means the 10 Caneel Bay resort on the island of St. John in Vir- 11 gin Islands National Park. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (4) RETAINED USE ESTATE.-The term "re- tained 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. (5) SECRETARY.-The term "Secretary" means the Secretary of the Interior. SEC. 3. LEASE AUTHORIZATION. (a) DETERMINATION AND AUTHORIZATION.- (1) IN GENERAL.-If the Secretary determines that the long-term benefit to the Park will be great- er by entering into a lease with the owner of the re- tained use estate than by authorizing a concession contract upon the termination of the retained use es- I r2 iF ( ) VWF:INWE1024649 xml S.I. (' 3 1 tate, the Secretary may enter into a lease for the op- 2 eration and management of the resort. 3 (2) ASSOCIATED PROPERTY.-The Secretary 4 may- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (A) acquire associated property from the owner of the retained use estate; and (B) after acquisition, administer the asso- elated property as part of the Park. (b) AUTHORITY.-Except as otherwise provided by this Act, a lease entered into under this Act shall be in accordance with section 3(k) of Public Law 91-383 (16 U.S.C. la-2(k)), notwithstanding paragraph (2) of that subsection. (c) TERMS AND CONDITIONS.-A lease authorized under this Act shall- (1) be for a term of the minimum number of years practicable, taking into consideration the need for the lessee to secure financing for necessary cap- ital improvements to the resort, but not to exceed 40 years; (2) prohibit any transfer, assignment, or sale of the lease or other conveyance or pledge of any inter- est in the lease without prior written notification to. and approval by, the Secretary; (wEmv1:108644 S 1, I' 4 1 (3) ensure that the general character of the re- 2 sort property remains unchanged, including a prohi- 3 bition against- 4 (A) any increase in the overall size of the 5 resort; or 6 (B) any increase in the number of guest 7 accommodations available at the resort; 8 (4) prohibit the sale of partial ownership shares 9 or timeshares in the resort; and 10 (5) include any other provisions determined by 11 the Secretary to be necessary to protect the Park 12 and the public interest. 13 (d) RENTAL AMOUNTS.-In determining the fair 14 market value rental of the lease required under section 15 3(k)(4) of Public Law 91-383 (16 U.S.C. la-2(k)(4)), the 16 Secretary shall take into consideration- 17 (1) the value of any associated property eon- 18 veyed to the United States; and 19 (2) the value, if any, of the relinquished term 20 of the retained use estate. 21 (e) USE OF PROCEEDS.-Rental amounts paid to the 22 United States under a lease entered into under this Act 23 shall be available to the Secretary, without further appro- 24 priation. for visitor services and resource protection in the 25 Park. Lm r :\WEI\WEI08649.xml S.L.C. 5 1 (f) CONGRESSIONAL NOTIFICATION.-Not less than 60 days before the effective date of a proposed lease under this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Rep- resentatives a copy of the proposed lease. (g) RENEWAL. - (1) IN GENERAL.-A lease entered into under this Act may not be extended or renewed. (2) CONTINUATION OF COMMERCIAL SERV- ICES.-On the termination of a lease entered into under this Act, if the Secretary determines the con- tinuation of commercial services at the resort to be appropriate, the services shall be provided in accord- ance with the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.). SEC. 4. RETAINED USE ESTATE. (a) IN GENERAL.-As a condition of entering into a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 lease under this Act, the owner of the retained use estate 21 shall- 22 (1) terminate, extinguish, and relinquish to the 23 Secretary all rights under the retained use estate; 24 and 11 van101..1151., MWERIVE108649.xml S 6 1 (2) transfer, without consideration, ownership 2 of improvements on the retained use estate to the 3 National Park Service. 4 (b) APPRAISAL.- - 5 (1) IN GENERAL.-The Secretary shall require 6 an appraisal by an independent, qualified appraiser 7 that is agreed to by the Secretary and the owner of 8 the retained use estate to determine the value, if 9 any, of the relinquished term of the retained use es- 10 tate. 11 (2) REQUIREMENTS. -An appraisal under para- 12 graph (1) shall be conducted in accordance with- 13 (A) Uniform Appraisal Standards for Fed- 14 eral Land Acquisitions developed by the Inter- 15 agency Land Acquisition Conference; and 16 (B) the Uniform Standards of Professional 17 Appraisal Practice. A ti Melissa Kuckro 09/12/2008 11:18 AM EDT Jo and Pam, To Jo PendryA/VASO/NPS@NPS, PPM BARKIN,HQ/SOUDOI@SOL cc: Don Hellmann/WASO /NPS @NPS Subject Caneel Bay legislation Thanks for reviewing the Caneel Bay legislation and offering a few suggestions. As it turned out, as you may know, there wasn't agreement on final language and it did not make it to markup in the Senate yesterday Art Frederick, Deputy RD and former Supt at Virgin Islands had this comment about the latest draft: it appears to be fine, for the exception that it is anemic on protecting park resources We have had problems with the resort in the past of not having any cc,isiotat'ons for 106/NEPA , eview e.g., installing sidewalks converting and/or making modifications to historic features , applying pesticides/herbicides, installing pipelines, planting exotics, care/feed of exotics (donkeys) etc without consulting the park. We were hopeful that with the lease, we would have greater oversicht. Item 5 under Termsiconditions touches upon it, but not as strongly as I think it should. If we could strengthen that component, it would be great. I am sure Mark would agree " Pam - if you have any thoughts about some language for getting at Art's concerns, r lease let us know. Thanks, Melissa Melissa Kuckro NPS Legislative and Congressional Affairs 1849 C Street, NW - Room 7247 Washington, DC 20240 202-208-5682 (desk) 202-431-7269 (mobile) 202-208-5683 (fax) melissa_kuckro@nps.gov 1. 09/10/2008 13:39 2023712090 wA50 CONCESSIONS PAGE 01/07 NATIONAL PARK SERVICE 04404. FAX To: meIisso Kuckro Fox: 208-5683 Phone: NATIONAL PARK SERVICE CONCESSION PROGRAM 1849 C ;treat NW Moil Stop 2410 washington, DC 20240 202-513-7144 Jo_pendni4nps.gov "Experience Your Arnica" www.nps.gov 9/10/06 Attached are my and Pam Barkin's proposed changes to the Caneel Legislation. We may have 1 more change regarding the appraisal, but wanted you to have what we have so far. Bruce Sheaffer has not yet, to my knowledge, reviewed. He is copied on this fax. Thanks Jo P7. . "' ......m4 OP 4. . . vb.7,,.. Pilo ' -7, - - -,_ ..- . c.1 . . -t - - . ., ,- - - -- . .. -= . ; z., MI- Ei4iii:- '-'4. - fli:,_,- 7 r s . ' Pa: . P-- 89/18/21308 13:39 28237120'10 WASO CONCESSIONS PAGE 02/07 0 I.VE1NWE106649 xrn1 S.L.C. AMENDMENT NO. Calendar No. Purpose, To provide a complete substitute. IN THE SENATE OF THE UNITED STATES-110th Cong., 2d Secs. H. R. 1143 To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. Referred to the Committee on ordered to be printed Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to he proposed by Viz: 1 Strike all after the enacting clause and insert the fol- 2 lowing: 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Caneel Bay Lease Au- 5 thorization Act". 6 SEC. 2. DEFINITIONS. 7 In this Act. $ and . 1 09/10/2008 13:39 2023712090 WASO CONCESSIONS PAGE 03/07 0 \WEIMEI03649 ail B.I. C 2 1 (1) ASSOCIATED PROPERTY -The term `'asso- 2 ciated property" means real property on the island 3 of St. John that is- 4 (A) owned by the owner of the retained use 5 estate; and 6 (B) related to the operation of the resort. 7 (2) PARK.-The term "Park' means Virgin Is- 8 lands National Park 9 (3) RESORT. -The term "resort" means the 10 Caneel Bay resort on the island of St. John in Vir- 11 gin Islands National Park. 12 (4) RETAINED USE ESTATE. -The term "re- 13 tained use estate" means the retained use estate for 14 the Caneel Bay property on the island of St. John 15 entered into between the Jackson Hole Presets ar 64 16 the United States on September 30, 1983r- s arne.1 assira and SSI,vme 17 (5) SECRETARY.-The term "Secretary.' me 18 the Secretary the Interior. ,-- 19 SEC. 3. LEASE AUTHORIZATION. 20 (a) DETERMINATION AND AUTHORIZATION- 21 (1) IN GENERAL.-If the Secretary determines 22 that the long-term benefit to the Park will be great- 23 er by entering into a lease with the owner of the re- 24 tained use estate than by authorizing a concession 25 contract upon the termination of the retained use es- ; or ''."/=10, 1 4.,01.0.1q1P,---- 4,40 09/10/2008 13:39 2023712090 WASO CONCESSIONS OWEBWEI08649 such a L c S 3 1 tate, the Secretary may enter into a lease or the op- 2 elation and management of the resort. 3 (2) ASSOCIATED PROPERTY.-The Secretary 4 may- 5 (A) acquire associated property from the 6 owner of the retained use estate; and 7 (B) after acquisition, administer the asso- 8 ciated property as part of the Park. 9 (b) AUTHORITY.-Except as otherwise provided by 10 this Act, a lease entered into under this Act shall be in 11 accordance with section 3(k) of Public Law 91-383 (16 12 U.S.C. la-2(k)), notwithstanding paragraph (2) of that 13 subsection. 14 (c) TERMS AND CONDITIONS -A lease authorized 15 under this Act shall- 16 (1) be for a term of the minimum number of 17 years practicable, taking into consideration the need 18 for the lessee to secure financing for necessary cap- 19 ital improvements to the resort, but not to exceed 40 20 years, 21 (2) prohibit any transfer, assignment, or sale of 22 the lease or other conveyance or pledge of any inter- 23 est in the lease without prior written notification to, 24 and approval by. the Secretary: PAGE 04/07 h. - Mr . xm I d9/ 1/2308 13:39 2023712090 0 %WE INWEI08649.aml WASO CONCESSIONS PAGE 05/07 S.L.C. 4 (3) ensure that the general character of the re- 2 sort property remains unchanged, including a prohi- 3 bition against- 4 (A) any increase in the overall size of the 5 resort; or 6 (B) any increase in the number of guest 7 accommodations available at the resort; 8 (4) prohibit the sale of partial ownership shares 9 or timeshares in the resort, and 10 (5) include any other provisions determined by 11 the Secretary to be necessary to protect the Park 12 and the public interest. 13 (d) RENTAL AmouNTs.-In determining the fair 14 market value rental of the lease required under section 15 3(k)(4) of Public Law 91-383 (16 U.S.C. la-2(k)(4)), the 16 Secretary shall take into consideration- 17 (1) the value of any associated property con- 18 vexed to the United States; and 19 (2) the value, if any, of the relinquished term 20 of the retained use estate. 21 (e) USE OF PROCEEDS -Rental amounts paid to the 22 United States under a lease entered into under this Act 23 shall be available to the Secretary, without further appro- 24 priation, for visitor services and resource protection in the 25 Park. s. MT 1 ti 09/10/2008 13:39 2023712090 0 WEINWE106649 xrnl WASO CONCESSIONS PAGE 06/07 S 1 (f) CONGRESSIO AL NOTIFICATION. -Not less than 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (1) terminate extinguish. and relinquish to the 23 Secretary all rights under the retained use estate; 24 and 60 days before the e of a proposed lease under this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Rep- resentatives a copy of the proposed lease. (g) RENEWAL.- (1) IN GENERAL -A lease entered into under this Act may not be extended or renewed. (2) CONTINUATION OF COMMERCIAL SERV- ICES. - -On the termination of a lease entered into under this Act. if the Secretary determines the con- tinuation of commercial services at the resort to be appropriate, the services shall be provided in accord- ante with the National Park Service Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.). SEC. 4. RETAINED USE ESTATE. (a) IN GENERAL. As a condition of entering into a lease under this Act, the owner of the retained use estate shall- S. 1 L C 09/10/2008 13:39 2023712090 WASO CONCESSIONS PAGE 07/07 0 \WEDWEI06549 ti 5 L C 6 1 (2) transfer, without consideration, ownership 2 of improvements on the retained use estate to the 3 National Park Service. 4 (b) APPRAISAL -. 5 (1) IN GENERAL.--The Secretary shall require 6 an appraisal by an independent, qualified appraiser 7 that is agreed to by the Secretary and the owner of 8 the retained use estate to determine the value, if 9 any, of the relinquished term of the retained use es- 10 tate. 11 (2) REQUIREMENTS. -An appraisal under para- 12 graph (1) shall be conducted in accordance with- 13 (A) Uniform Appraisal Standards for Fed- 14 eral Land Acquisitions developed by the Inter- 15 agency Land Acquisition Co-,Terence; and 16 (B) the Uniform Standards of Professional 17 Appraisal Practice. ca e .1 5 t V. . . ° O T. 1 I I k 11(Yrir CONGRESS 2D SESSION H. R. 1143 IN THE SENATE OF THE UNITED STATES MARrtt 5, 200$ Received; read twice and referred to the Committee on Energy and Natural Remount% AN ACT To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. 1 Be it enacted by the Senate and House of Repesenta- 2 lives of the United States of America in Congress assembled, II If I Mao Pe a 1 SECTION I. DEFINITIONS. 2 In this Act, the following definitions apply: 3 (1) SECRETARY.-The term "Secretary" means 4 the Secretary of the Interior. 5 (2) RUE.-The term "RITE" means the re- 6 tained use estate entered into by the Jackson hole 7 Preserve and the United States on September 30, 8 1983. 9 (3) PARK.-The term "park" means Virgin Is- 10 lands National Park. (4) CBI The term "CBI" means CBI Aequi- 12 sitions, 13 (5) RESORT. -The term "Resort" means 14 Caned Bay Resort on the island of St. John in Vir- 15 gin Islands National Park. 16 SEC. 2. LEASE AGREEMENT. 17 (a) At Till( )1(IZATION.-The Secretary may enter into 18 a lease agreement with CBI governing the use of property 19 for the continued management and operation of the Re- 20 sort. 21 (b) ADDITIONAL LANDS.-Any lease entered into 22 pursuant to this Act shall include the property covered by 23 the RUE and any associated property owned by CBI A/m(4k 24 merino the National Park Service. 25 (c) TERMS.-The lease agreement authorized under 26 subsection (a) shall- BR 11411 m ./11111 2 11 1 LTA'. vt,..1 3 1 (1) require that igieratiofftlintorrarwtrlif 2 the Resort are conducted in a manner consistent 4,;64k 3 with the preservation and conservation of the re- 1 4 sources and values of the Park as well as the host 5 interests of the Resort; 6 (2) be for the minimum number of years prae- 7 ticable to enable the lessee to secure financing for 8 any necessary improvements to the Resort, taking 9 into account the financial obligations of but in 10 any event shall not exceed 40 years; 11 (3) prohibit any transfer, assignment or sale of 12 the lease or otherwise convey or pledge any interest 13 in the lease without prior written notification to and 14 approval by the Secretary; 15 (4) prohibit any increase in the number of 16 guest aceonaxlations available at the Resort; 17 (5) promhit any increase in the overall size of 18 the Resort; 19 (6) prohibit the sa of partial ownership shares 20 or timeshares in the Resort; 21 (7) be designed to facilitate transfer of all prop- 22 erty covered by the lease to Federal administration 23 upon expiration of the lease; and HR 1143 RFS eI (244 11 -44) 11'*P° CBI, 1 -4 44-1"-^ 16.44, CP-Pe444:4j 44..7 4 1 (8) include any other provisions determined by 2 the Secretary to he necessary to protect the Park 3 and the public interest. 4 (d) APPRAISALS.-The Secretary shall require ap- 5 praisals to determine the fair market value of all property 6 covered by the RUE and any property, including the value, 7 if any, of the surrendered term of the RUE, owned by 8 CBI to be donated, or otherwise conveyed, to the National 9 Park Service. Such appraisals shall be conducted pursuant 10 to the Uniform Appraisal Standards for Federal Land Ac- 11 quisition. 12 (e) ENSATION.- 13 (1) IN GENERAL.-The lease authorized by this 14 Act shall- 15 (A) require payment to the United States 16 of the property's fair market value rentfitaking 17 into account the value of any associated prop- 18 erty transferred by CHI as well as the value, if 19 any, of the surrendered term of the RUE; 20 (B) include a provision- 21 (i) allowing recalculation of the 22 amount of the payment required under this 23 subsection, at the request of the Secretary 24 or CBI, in the event of extraordinary nn- 25 anticipated changes in conditions antiei- HR 1143 RFS _ CAJII 1 pram] at the time the lease was finalized; 2 and 3 providing for binding arbitration 4 in the event the Secretary and CBI are un- 5 able to agree upon an adjustment to the 6 payment in these circumstances. 7 (2) DISTRIBUTION.-Eighty percent of the pay- 8 meet to the United States required by this sub - 9 section shall be available to the Secretary, without 10 further appropriation, for expenditure within the 11 Park. The remaining twenty percent shall be depos- 12 ited in the Treasury. 13 (3) APPLICABILITY OF CERTAIN LAW. -Section 14 321 of the duet of June 30, 1932 (40 U.S.C. 1302), 15 relating to the leasing of buildings and property of 16 the United States, shall not apply to the lease en- 17 tried into by the Secretary pursuant to this Act. 18 SEC. 3. RETAINED USE ESTATE. 19 As a condition of the lease, CBI shall relinquish to 20 the Secretary all rights under the RUE and transfer, with- HR 1143 RFS 5 (ii) 1 6 Quit eopentition, ownership of improvements emeriti by the RITE to the United States. 't '4""imat=e a I 2 Passed the !Loose of Representatives March 4, 2008. Attest: LORRAINE C. MILLER, Hy DEBORAH M. SPRIGGS, Deputy Clerk. HR 1149 RFS J Clerk. Proposed Amendments to H.R. 1143, Virgin Islands Lease Authorization- Caneel Bay Resort (HR 1143 as referred to Senate Energy and Natural ResourcesCommittee) SECTION 1. DEFINITIONS Page 2: Insert the following after line 8: "(3) PROPERTY COVERED BY THE RUE.-The term 'property covered by the RUE' means the land described in the RUE and all improvements thereon. Renumber the definitions that follow accordingly." Explanation: Including this definition will help clarify what property Congress is describing. SECTION 2. LEASE AGREEMENT Section 2(b) Page 2, lines 22-23: Strike "donated" and insert "and donated or otherwise conveyed". Explanation: This change provides for a broader range of options for transferring property from CBI to the National Park Service, and it is consistent with the terms used in Section 2(d). Section 2(d): Page 4, lines 6-9: Strike "and any property, including the value, if any, of the surrendered term of the RUE. owned by CBI to be donated, or otherwise conveyed, to the National Park Service" and insert "of any associated property owned by the CBI which may be donated or otherwise conveyed to the National Park Service, and of the value, if any, of the surrendered term of the RUE." It would then read as follows: The Secretary shall require appraisals to determine the fair mark lighte of all property covered by the RUE, of any associated property trethjfile CBI which may he donated or otherwise conveyed to the National Park Service, and of the value, if any, of the surrendered term of the RUE. Explanation: This is minor rewording to remove ambiguity and to clarify that the fair market value appraisals should cover: 1) the property covered by the RUE, 2) associated property owned by CBI which may be conveyed to NPS. and 3) the value, if any, of the surrendered term of the RUE. ti -1 _ 1 Section 2(0( 1 )(All Page 4, line 17-18: after "account" strike "the value of any associated property transferred by CBI" and insert "the terms of the lease and, as appropriate, the value of any associated property conveyed by CBI to the National Park Service". It would then read as follows: (I) IN GENERAL-The lease authorized by this Act shall- (A) require payment to the United States of the property's fair market value rent, taking into account the terms of the lease and, as appropriate, the value of any associated property conveyed by CBI to the National Park Service as well as the value, if any, of the surrendered term of the RUE. Explanation: This amendment would allow other factors relevant to the transaction between NPS and CBI, not just the ones identified in the legislation, to be used in determining the appropriate payment to the United States by the lessee. In addition, the amendment contains minor changes for clarification purposes: "convey" is the term used elsewhere in the bill for changing ownership of property, and "to the National Park Service" identifies the recipient of the property. Section 2(e)(2): Page 5: Strike lines 7-12 and insert the following: "(2) DISTRIBUTION OF PROCEEDS.-Proceeds from payment to the United States required by this subsection shall be available to the Secretary Auto...,;"( until until expended, without further appropriation, for infrastructure needs at the Park including facility refurbishment, repair, and replacement, and projects associated with park resource protection." /14.,/tt- Explanation: This amendment would change the disposition of the proceeds from lease payments: instead of the park keeping 80 percent and returning 20 percent to the Treasury, the park would keep 100 percent of the proceeds but could use the funds only for infrastructure needs. This would make the disposition of proceeds from this lease consistent with that of leased facilities at other park units. / Section 3: RETAINED USE ESTATE h - 441-- "4.- (114 Strike line 18 on page 5 through line 2 on page 6 and insert e following: linos "Prior to the awarding of 4111/6seireferred to in Section 2, CBI shall terminate, extinguish, and surrender to the Secretary all rights under the RUE and ay transfer, without compensation, ownership of improvements thereon ti the National Park Service." Explanation: As a technical matter, NPS cannot lease property that it does not own, so the RUE needs to be terminated and surrendered prior to the award of the lease. As a 2 ""'"'""."7" "1-"11"` 14. c_..;.. :16 - 1_ 0"4-4141,., 4, a-A, ,s4 practical matter, the surrender of the RUE and the awarding of the lease would occur as coordinated transactions. The terms "terminate.' and "extinguish" track the language of the Indenture, the original RUE document. "Surrender" is the term used elsewhere in the bill. 3 aI e p Laror-ave -I-- .._- r I '. ISSUES FOR DISCUSSION Section 2(c). Terms of the Lease Section2(c)( I ): "as well as the best 'nick its of the Resort". Discussion: Section 2(c)( I ) ensures that the lease requires that the facility be opeiateu in a way that is consistent with preservation of resources and park values, which is consistent with language in the National Park Service's generic leasing authority. This section departs from the generic leasing authority by adding "as well as the best interests of the Resort." Option /:'Strike the phrase. Option 2: Strike the phrase and insert: "while taking into account the need for the Resort to remain financially viable." [This option, or similar language, would acknowledge the need for maintaining the viability of the resort without referring to their "best interests" (a vague term that the owner could use to argue for the largest possible profits) or putting those "best interests" on equal footing with park resources and values.] Section 2(c)(2): "taking into account the financial obligations of CBI". Discussion: The term "financial obligations" is very general and could bring into negotiations on the lease factors that are inappropriate and/or irrelevant, such as CBI's debt from business dealings outside the resort. It is not really necessary to include that phrase, because the bottom line of Section 2(c)(2) is the determination of the number of years on the lease the lessee needs to obtain financing, and the current financial position of the lessee would be a factor in making that determination. Option 1: Strike the phrase. Option 2: Strike the phrase and insert: "taking into account the costs associated with operating the Resort" [This option would give the lessee the assurance that their financial obligations receive consideration as the length of time for the lease is being negotiated-but would focus those obligations on the cost of operating the resort, rather than on any obligations anywhere or in any form that CBI might have.] 4 i 1 A a tfe°y. '41."....101.11..011.116, at 1 Section 2(e)( I ): Compensation Discussion: 2(e)( I )(b) requires the lease to provide for recalculation of the payment from CBI to the Federal government in the event of extraordinary unanticipated changes in conditions anticipated at the time the lease was finalized, and for binding arbitration if agreement cannot be reached. It may not be necessary to include this in the legislation, since this type of provision could be determined through negotiations on the lease. If paragraph (b) were to be struck, paragraph (a) would need to be amended as follows: Strike line 13 on Page 4 through line 6 on page 5 and insert the following: "(1) IN GENERAL.- The lease authorized by this Act shall require payment to the United States of the property's fair market value rent, taking into account the terms of the lease and, as appropriate, the value of any associated property conveyed by CBI to the National Park Service as well as the value, if any, of the surrendered term of the RUE." [This is identical to amendment to Section (2)(e)(1)(a) in the first part of this document except for the restructuring to accommodate removal of paragraph (b).] NEW SUBSECTION: Congressional Notification Discussion: Under concessions law, large concession contracts are submitted to the authorizing committees with jurisdiction over the National Park Service for a 60-day review period before they are awarded. No such provision exists under the leasing law. However, this would be a sole-source lease, and it has the potential to be controversial. If Congress wanted to provide the same guarautee of review that exists for large concession contracts, an additional subsection could be adaed, as follows: Page 5: Insert the following After line 17: "(f) CONGRESSIONAL NOTIFICATION.-The Secretary shall submit the proposed lease to th ommittee on Natural Resources of the House of Rep csentativm and the Committee on Energy and Natural Resources of the Senate. The secretary shall not award the lease until 60 days subsequent to the notification of both committees." 5 .4 .00 it 4 11 J v ke---r t" o ("cc, ante e4,15 /1 6-,-1- Proposed Amendments to H.R. 1143, Virgin Islands Lease Authorization- Cancel Bay Resort (HR 1143 as referred to Senate Energy and Natural Resources Committee) 1,./ SECTION f. DEFINITIONS Page 2: Insert the following after line 8: "(3) PROPERTY COVERED BY THE RUE.-The term 'property covered by the RUE' means the land described in the RUE and all improvements thereon. Renumber the definitions that follow accordingly. Explanation: Including this definition will help clarify what property Congress is describing. SECTION 2. LEASE AGREEMENT Section 2(b) Page 2, lines 22.23: Strike "donated" and insert "and donated or otherwise conveyed". Explanation: This change provides for a broader range of options for transferring property from CBI to the National Park Service, and it is consistent with the terms used in Section 2(d). Section 2(0(11: AAL:.-A A,A4,2 Page 3, lines 4.5: Strike "as well as the best interests of the Resort" Explanation: It is appropriate in this type of legislation to ensure that the lease requires Ai-t that the facility be operated in a way that is consistent with preservation of resources and park values. That part of the provision is consistent with language in the Natioral Park Service's generic leasing authority. It is not necessary or appropriate for Cong. ess to require the lease to be operated in the best interests of the resort. Section 2(0(2): Page 3. lines 8-9: Strike "taking into account the financial obligations of CBI,". Explanation: It is not necessary to state in the legislation that the financial obligations of /.1,,,'4' st---.4 the CBI will he considered in determining the lessee's ability to obtain financing; that is a given part of making that determination. °2 Section 2(d): Page 4, lines 6-9: Strike "and any property, including the value, if any, of the surrendered term of the RUE, owned by CBI to he donated, or otherwise conveyed. - burin+ . v, , MIS' 7 p. %t kyr 41.) i.e,L 1.^'a.,a"."45-"' 41", Nrwiel...41 1 - -1 to the National Park Service" and insert "of any associated property owned by the CBI which may be to be donated or otherwise conveyed, and of the surrendered term of the RUE." Explanation: This is minor rewording to remove ambiguity and to clarify that the appraisals should cover: 1) the property covered by the RUE, 2) associated property owned by CBI which may be conveyed to NPS, and 3) the value of the surrendered term of the RUE. Section 2(0(1): Strike line 12 onPage 4 through line 6 on page 5 and insert the following: "(1) IN GENERAL.-The lease authorized by this Act shall require payment to the United States of the property's fair market value rent, taking into account the terms of the lease and, as appropriate, the value of any associated property conveyed by CBI to the National Park Service as well as the value, if any, of the surrendered term of the RUE." Explanation: It is more appropriate to provide for a recalculation of the required payment as one of the terms of the lease, rather than as part of the legislation. Section 210(21: Page 5: Strike lines 7-12 and insert the following: "(2) DISTRIBUTION OF PROCEEDS.-Proceeds from payment to the United States required by this subsection shall be available to the Secretary until expended, without further appropriation, for infrastructure needs at the Park." - cpIti Explanation: This amendment would change the disposition of the proceeds from lease payments: instead of the park keeping 80 percent and returning 20 percent to the Treasury, the park would keep 100 percent of the proceeds but could use the funds only for infrastructure needs. This would make the disposition of proceeds from this !ease consistent with that of leased facilities at other park units. Section 2(f): !NEW SUBSECTION! Page 5: Insert the following after line 17: "(1) CONGRESSIONAL NOTIFICATION.-The Secretary shall submit the proposed lease to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The Secretary shall not award the lease until 60 days subsequent to the notification of both committees." - r F1C --a' '11111449 f) d 2 1 a Atit n't)4 G coc ' 15$6' ct y. a - Explanation: This provision would allow review of the proposed lease prior to its award by the congressional committees of jurisdiction. It is nearly identical to the provision requiting congressional notification of awards of large concession contracts. Section 3: Retained Use Estate Strike line 18 on page 5 through line 2 on page 6 and insert the following: "Prior to the awarding of the lease referred to in Section 2, CBI shall terminate, extinguish, and surrender to the Secretary all rights under the RUE and transfer, without compensation, ownership of improvements thereon to the National Park Serb ice." Explanation: As a technical matter. NPS cannot lease property that it does not own, so the RUE needs to be terminated and surrendered prior to the award of the lease. As a practical matter, the surrender of the RUE and the awarding of the lease would occur as coordinated transactions The terms "terminate" and "extinguish" track the languae of the Indenture, the original RUE document. "Surrender" is the term used elsewhere in the bill. 3 oar .1. "Watkins, David" To: <Don ._Hellmann©nps.gov> <David Watkinsgmail h cc ouse.gov> Subject: FW. NPS Language 02/08/2008 04 GO PM EST Please review the language below, particularly the section I have underlined. Do we know where this language came from? If this is, in fact, something NPS drafted, it will be difficult for me to argue it should not be in this substitute. David Watkins Staff Director Subcommittee on National Parks, Forests ar.d Public Lands House Natural Resources Committee (202) 226-7736 (ph) (202) 226-2301 (f) http://resourcescommittoe.house govidefault.aspx Original Message From: Howard Feldman (mailto:HJF@vnf.com] Sent: Friday, February 08, 2008 3:56 PM To: Watkins, David Subject: NPS LAnguage David: In late November, when we were trying to make one last attempt to get the bill through markup before the end of the session, I exchanged drafts with the NPS. In the last draft I got from them they included the following: "The Secretary may adjust the rental amount due under such lease as appropriate to take into account the value of any associated property transferred from the holder of the retained u (1. estate as part of this transaction, as well as the value the surrendered term of the retained use estate." Obviously, they never came to a final draft but I believe this is still their position. Of course any value would depend on the appraisal and the negotiation of the parties. I'd be happy to discuss this with your further. Thanks again for all of your efforts. Howard. This communication may conta n information that is legally privileged, confidential or exempt from disclosure. If you are not the intended recipient, please do rot read, disseminate, distribute or copy this communication. Anyone who receives this message in error should notify the sender immediately by telephone or by return e-mail and delete it from his or her computer. Las, Fi-t - 0 Orp,,, 41 - cos/ ( 30 3 -w Don -- ho, 6 IS 2 6,3) VI 11,14 11/.14 r AA VAIN IN DJ FCLU1RA1N 705 q6Y 05C/3- a-tti VariNess ITOPRIEvi AT LAT/ TO: I A PRO1 iSIOSAL CORPORATION 1050 Thomas Jeffesson 'Otto S W Washington, D C 20007- 3 677 1202) 291-1100 Fax (202) 338-2410 www.vul.cGru Facsimile Pamela Barkin NAME DOI FIRM 202-208-3877 November 15, 2007 DATE 9:59 AM TOES PASS FROM: Howard Feldman NAME 202 -298.1828 PRONE TOTAL NUALIER OF PAGES INCLUDENG COVER SIEEET TIME IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (202) 298 1800 OR (202) 29S-1153 IMMEDIATELY. CONFIRM TAX OYES ONO CONFIRMATION RECORD: CONFIRMATION DATE SENT IN TIME WIT SPECIAL INSTRUCTIONS/MESSAGE: PULL IMOARER TI4E CONFIRMED CONFIRMED EY Avezt - ( c7 ( tV7 9(-y4 Ar7ta___ 2,t4 - a2 e'";Z'((c):--e AAt*-'t4 PRIVILEGED AND CONFIDENTIAL INFORMATION IN. ENDED ONLY FOR THE USE OF THEADDRESSEES) NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENTOR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT(3), PLEASE NOTE THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. ANYONE WHO RECEIVES THIS COMMUNICATION IN ERROR SHOULD NOTIFY T S IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE 10 US AT THE ABOVE ADDRESS VIA THE U.S MAIL Ccii Feldman AMMONIUM MOM/IMMO ,4C44,^1 WQ 1-'<ce Zs p/e/- /6'.;s- C%1 eINAIMMM s. .41 , /) ... no yrjarbs1-41Wr 2,W- -A A".-.1-a..- .^7 07 11/15 10:12 FAX - - - - - - VAN NESS FELDMAN 002 - tr,- .rogwasmP011yall a VI% .1Mr1.nr... . vow.r.vveremw. . VI TV. Anrn I- m. HOVia d Fklman - Rem: Caneel Legislation From: Howard Feldman To: Pamela Barkin Date: 11/14/01 7.01PM Subject: Re. Caneel Legislation Pamela Thank you for the draft. I am sending you our revision which incorporates the very important points you made. However, we strongly urge you to keep the provision general in nature and work out any terms in the lease negotiation, at which time the DOI/NPS can propose any terms they desire The critical issue is to get the appraisal released and determine whether a deal is possible Thanks again for your assistance. Howard This communication may contain information that is legally privileged, confidential or exempt from disclosure If you are not the intended recipient. please do not read, disseminate. distribute or copy this communication Anyone who receives this message in error should notify the sender immediately by telephone or by return e-mail and delete it from nis or her computer >>> "Pamela Barton" <pbarkinegmarl ecru> 11/14/07 3 58 PM >>> Howard. Attached is proposed revised language for the Caneel transaction. The NPS has not signed off on this language, but I wanted you to have ar opportunity to review, given the short time-frame Give me a call with any questions (and I can respond subject to NPS review). Thanks Pam AS IN-RODUCED Notwithstanding any other proviso in of law, after the retained use estate at Virgin Islands National F ark on the date of the enactment of this Act has been terminated and he improvements on such lands have been donated to the United States, the Secretary of the Interior may enter into a lease with the person holding the retained use estate on the date of the enactment of this Act for the use of such lands and improvements and any other associated property that is donated, exchanged or otherwise conveyed, on terms and conditions determined by the Secretary to be reasonable. PROPOSED REVISION In return for the early termination of the retained use estate at Virgin Islands National Park, the donation of the improvements on such lands to the United States, and the transfer to the United States of any associated property, the Secretary of the Interior may enter into a lease for the continued use of such lands, improvements, and any associated property, consistent with the provisions of 16 U S C J tgi r so erbras.=oL=Ls....011a...sSe*Aabe. " ' t.., I...1.m.y M.... -.Mr 1 '07 II 15 10:13 FAX VAN NESS FELDMAN 4 003 Howard Feldman - Re: Caneel Legislation,oda ' Pale 2 mainvasaa , la-2(k) and its implementing regulations, and subject to such terms and conditions determined by the Secretary to be reasonable Notwithstanding the foregoing, (0 subsection 2(k)(2) thereof shall not apply to such lease; (ii) the Secretary may, without a request for bids or proposals, award such lease to the entity holding the retained use estate on the date of the enactment of this Act; and (iii) the Secretary may adjust the renal amount due under such lease as appropriate to take into account the value of any associated property transferred from the holler of the retained use estate as part of this transaction, as well as the ,aloe of the surrendered term of the retained use estate CC: Bruce Sneaffer, Jo Pendry 0 4 =-.. ..." t cumg -+ 1 I 4 ' '07 11,15 10:13 FAX VAN NESS FELDMAN EONS PROPOSED REVISION :n return for the early termination of the rewired use estate at Virgin Islands National Park, the donation of the improvements on such lands to the United States, and the transfer to the United States of associated property, the Secretary of the Interior may enter into a lease for the continued use of such lands, improvements, and associated property, subject to such terms and conditions determined by the Secretary to be reasonable. Notwithstanding any other provision of law (i) the Secretary may, without a request for bids or proposals, award such lease to the entity holding the retained use estate on the date of the enactment of this Act; and (ii) the Secretary may adjust the rental amount due under such lease as appropriate to take into account the value of any associated propeny transferred from the holder of the retained use estate as part of this transaction, as well as the value of the surrendered term of the retained use estate. PM. alb V. ..........- - 1 07 I I 13 10: 3 FAA VAN NESS FELDMAN Zoos °war,. Feldman - Hearing /Bill LazJam Page From. Howard Feldman To: Bruce Sheaffer, Jo Pendry, Pamela Barkin Date: 11/15/07 9 43AM Subject: bearing /Bill Language Although we came close, we were not able to get into today's full committee markup. We appreciate your efforts on the bill language and hope that we can reach consensus on language that works for everyone We are looking at several options to see if we can have the bill moved by the end of the year Accordingly I would appreciate any comments or suggestions you might have on the revised language I sent to you last night Thanks Howard -- This communication may contain information that is legally privileged, confidential or exempt from disclosure If you are not the intended recipient please do not read, disseminate, distribute or copy this communication. Anyone who receives this message in error should notify the sender immediately by telephone or by return a-mail and delete it from his or her computer. vil.r.04B 11.1 .o.no - rr. 41.. IN-54 VI (e4s, C-44t.f Tcs.7, F: \NA I 0\GRIJAL GRIJAL__08t XML I I I , AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 1143 OFFERED BY MR. GRIJALVA OF ARIZONA Strike all after the enacting clause and insert the following: 1 SECTION 1. DEFINITIONS. 2 In thi., Act, the following definitions apply: 3 (1) SECRETARY -The term "Secretary" means 4 the Secretary of the Interior. 5 (2) RUE.-The term "RUE" means the re- 6 tamed use estate entered into by the Jackson Hole 7 Preserve and the United States on September 30, 8 1983. 9 (3) PARK.-The term "park" means Virgin Is- 10 lands National Park. (4) CBI.-The term "CBI" means CBI Aequi- 12 sitions, 13 (5) RESORT.-The term "Resort" means 14 Caned Bay Resort on the island of St. John in Vir- 15 gin Islands National Park. 16 SEC. 2. LEASE AGREEMENT. 17 (a) AUTBORIZATION.-The Secretary may enter into 18 a lease agreement with CBI governing the use of property n/a (39745816) February 11 2008 (3 28 p m ) t5 11 ralGio-- ',MOM/ 4' 4 I N IAA'. FA110\GRIJALGRIJAL_086.XML 1 for the continued management and operation of the Re- 2 sort. 3 (b) ADDiTioNAL LANDS.-Any lease entered into 4 pursuant to this Act shall include the property covered by 5 the RUE and any associated property owned by CBI do- 6 nated to the National Park Service. 7 (e) TERMS.-The lease agreement authorized under 8 subsection (a) shall- 9 (1) require that operations and maintenance of 10 the Resort are conducted in a manner consistent 11 with the preservation and conservation of the re- 12 sources and values of the Park as well as the best 13 interests of the Resort; 14 (2) be for the minimum number of years prac- 15 tieable to enable the lessee to secure financing for 16 any necessary improvements to the Resort, taking 17 into account the financial obligations of CBI, but in 18 any event shall not exceed 30 years; 19 (3) prohibit any transfer, assignment or sale of 20 the lease or otherwise convey or pledge any interest 21 in the lease without prior written notification to and 22 approval by the Secretary; 23 (4) prohibit any increase in the number of 24 guest accommodations available at the Resort; n/a (39745816) February 11 2008 (3 28 p m ) ell 2 . sob...-11111. Mom. II I. r r F M !O (ADAL GRIJAL u86 XML :3 (5) prohibit any increase in the overall size of 2 the Resort; 3 (6) prohibit the sale of partial ownership shares 4 or timeshares in the Resort; 5 (7) be designed to facilitate transfer of all prop- 6 erty covered by the lease to Federal administration 7 upon expiration of the lease; and 8 (8) include any other provisions determined by 9 the Secretary to be necessary to protect the Park 10 and the public interest. (d) APPRAIsALs.--The Secretary shall require ap- 12 praisals to determine the fair market value of all property 13 covered by the RUh and iiirioperty,444404liar,444.0--valu44 14 ..if any, of the surrendered term of the RUE, owned by 15 CBI to be donated, or otherwise conveyed, to the National 16 Park Service. Such appraisals shall be conducted pursuant 17 to the Uniform Appraisal Standards for Federal Land Ac- 18 quisition and all costs of such appraisals shall he born by 19 CBI. 20 (e) COMPENSATION. - 21 (1) IN GENERAL-The lease authorized by this 22 Act shall- 23 (A) require payment to the United States 24 rf the property's fair market value rent, taking 25 into account the value of any associated prop- nia (39745816) February 11. 2008 (3.28 p.m.) f Y, F 11.I..C. II - 4 1 I .M CRIJALGRIJAL_ 086.XML 4 1 erty transferred by ('BI as well as the value, if 2 any, of the surrendered term of the RUE; 3 (B) include a provision- 4 (i) allowing recalculation of the 5 amount of the payment required under this 6 subsection, at the request of the Secretary 7 or CBI. in the event of extraordinary un- 8 anticipated changes in conditions antici- 9 paled at the time the lease was finalized; 10 and 11 (ii) providing for binding arbitration 12 in the event the Secretary and CBI are un- 13 able to agree upon an adjustment to the 14 payment in these circumstances. 15 (2) DISTRIBUTION.-Eighty percent of the pay- 16 ment to the United States required by this sub- 17 section shall be available to the Secretary, without 18 further appropriation, for expenditure within the 19 Park. The remaining twenty percent shall be depos- 20 ited in the Treasury. 21 (3) APPLICABILITY OF CERTAIN LAW.- Seetion 22 321 of the Act of June 30, 1932 (40 U.e.:1302);) 23 relating to the leasing of buildings and property of 24 the United States, shall not apply to the lease en- 25 tered into by the Secretary pursuant to this Act. n/a (39745816) February n noel (3 28 p M ) I ILC. rf, 1 FAINIO\GRIJAL'GRIJAI, 086.XML II I, (' I SEC. 3. RETAINED USE ESTATE. 2 As a condition of the lease, CBI shall relinquish to 3 the Secretary all rights under the RUE and transfer, with- 4 out compensation, ownership of improvements covered by 5 the RUE to the United States. n/a (39745816) February 1+ 2008 (3 28 p m I 3 I - r - -re 'ENISCRIPC'Z_W-- 5 _ F \MIO\GRIJNI,\GRIJAI_ 086 XML II I. ( AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 1143 OFFERED BY MR. GRIJALVA OF ARIZONA Strike all after the enacting clause and insert the following: I SECTION 1. DEFINITIONS. 2 In this Act, the following definitions apply: 3 (1) SECRETARY.-The term "Secretary" means 4 the Secretary of the Interior. 5 (2) RUE.-The term "RUE" means the re- 6 tained use estate entered into by the Jackson Hole 7 Preserve and the United States on September 30, 8 1983. 9 (3) PARK.-The term "park" means Virgin Is- 10 lands National Park. 11 (4) CBI.-The term "CBI" means CBI Acqui- 12 sitions, LLC. 13 (5) RESORT.-The term "Resort" means 14 Caneel Bay Resort on the island of St. John in Vir- 15 gin Islands National Park. f V 10\020408 \020468 204 xml (39745814) February .1 2008 (4 59 p a 1 .1 F WICAGRIJALAGRIJAI 086 XML H.L.C. I SEC. 2. LEASE AGREEMENT. 2 (a) AVTTIORI7.ATION.-The Secretary may enter into 3 a lease agreement with CBI governing continued manage- 4 ment and operation of the Resort. 5 (b) ADDITIONAL LANDS.-Any lease entered into 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 pursuant to this Act shall include the property covered by the RUE and any associated property owned by CBI do- nated to the National Park Service. (c) TERMS. -The lease agreement authorized under subsection (a) shall- (1) require that operations and maintenance of the Resort are conducted in a manner consistent with the preservation and conservation of the re- sources and values of the Park as well as the best L5 .1-07 44-11 '7' 4).44 :411647;1-Th i:C4's-"IY:14-1 f W101020408\ 020408 204 xml February 4 2008 (4 59 p m ) 05 " interests of the Resort; (2) be for the minimum number of years prae- ticable to enable the lessee to secure financing for any necessary improvements to the Resort; (3) prohibit any transfer, assignment or sale of the lease or otherwise convey or pledge any interest in the lease without prior written notification to and approval by the Secretary; (4) prohibit any increase in the number of guest accommodations available at the Resort; (5) prohibit any increase in the overall size of the Resort; iirse As-+a (39745814) 2 )6`4"-. 1 MO-J. IMI101111411.1.. 1 crv-A- le-.. 7 4s 44 447 F \,MICAGRIJAL\GRIJAL_086 XML d# 90f-et r Artufz_ (6) prohibit the sale of partial ownership shares 2 or timeshares in the Resort; 3 p (7) be designed to facilitate transfer of all 4 erty covered by the lease to Federal administration tv4:0 5 upon expiration of the lease; and 6 (8) inetude any other provisions determined by 14-;44-L-'11-#14". 7 the Secretary to be necessary to protect the Park 8 and the public interest. (d) APPRAISALS.-The Secretary shall require _Al..-- 11%-"--, f 9 r- 10 praisals to determine the fair market value '15 al p perty 304) 4., .r - 11 covered by the RUE and any pro erty owned by CBI to iv( ej. ftior 12 be donated the National Park Service. Such appraisals 13 shall be conducted pursuant to the Uniform Appraisal 31 14 Standards for Federal Land Acquisition and all costs of 15 such appraisals shall be born by CBI. 16 (e) COMPENSATION. - 17 (1) IN GENERAL.-The lease authorized by this 18 Act shall- 19 20 based c.effle (A) require payment to the United States 21 on- 22 23 1)V10\020408\020408 204 xml February 4, 2008 (4 59 p m ) (i) the probable value to CBI of the privileges granted by the lease; and A.A11-zr Wr 4<, vaivett- ' voirl 4.4,G2.4.4 (39745814) fr,tt.4 6,444 .04 p 4 1 1,A aw. r1 P4'41 Lo41 -rftitsc_nleuttao:_awasitiocation Ace-rvf- 33(b) - 90 Vac l3 07- J 5 flerit ,0".../ 1 1"--14 0/e F \M I (AGRIJAL \GRUAL_086 XML H.L.C. 4 (ii) a reasonable opportunity for net profit in relation to capital invested and the obligations of the lease; and (B) include a provision- (i) allowing recalculation of the amount of the payment required under this subsection, at the request of the Secretary or CBI, in the event of extraordinary un- anticipated changes in conditions antici- pated at the time the lease was finalized; 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 and (ii) providing for binding arbitration in the event the Secretary and CBI are un- able to agree upon an adjustment to the payment in these circumstances. (2) DISTRIBUTION.-Eighty percent of the pay- ment to the United States required by this sub- section shall be available to the Secretary, without further appropriation, for expenditure within the Park. The remaining twenty percent shall be depos- ited in the Treasury. SEC. 3. RETAINED USE ESTATE. As a condition of the lease, CBI shall relinerelbh to the Secretary ..V10\ 020408\020408 204 -m1 (39745814) Pommy 4. 2008 (4 59 p m ) A k- of 1 4 E XEA 420es-4; e. 4 en,"1-ce_ mu.. /erv)- 4"4(-- 11"44 6 4frr41. - Age tt rs- , -nno_s th.1 F \MIO\GRUAL\GRUAL_011.6 XML H L C 5 1 all rights under the RUE and to transfer wnership of 2 improvements covered by the RUE to the United States M11101020408\020408 204 ori (39745814) February taws (4 59 p m 11110....0.0"-- Cerhle-h."3-4-0, '- Don Hellmann 02/06/2008 01 34 PM EST Bruce To Bruce Sheaffer AOC/NPSeNPS cc Jo Pendry/WASO/NPS @NPS Subject. Re: Fw caneelp I had a long (emphisis on long) conversation with Pam Barkin about this and I think my ears were bleeding by the end of the discussion I have subsequently spoken with David Watkins and he is awaiting word from the Caneel Bay folks before making further revisions With regard to the compensation provision. I understand your concern about the 80/20 split language ifwe receive property Pam pointed out that we might get both property and some money (she mentioned wanting to get some money that the concessions people could use to hire someone to oversee the leave) Thus, she suggested leaving that 80/20 split language in to deal with how we use the money we receive However, after my conversation with David I was wondering if we need further changes. Pam suggested taking out the language on p 3. line 20. "of a fee or other monetary consideration" and lust say "require payment to the United States of consideration based on . " If the language reads that way. could property be considered "consideration" (without being too redundant). If not. would it be clearer to say "require payment to the United States of consideration including the transfer or donation of property, based on "? Further, should the distribution section be modified to say "Eighty percent of any cash payments " or "Eighty percent of the payment (not including the value of any property transferred or donated Do we even want the 80/20 split? Should it be 100% going back to the park? Any thoughts you had would be appreciated Don Don Hellmann Office of Legislative and Congressional Affairs National Park Service 1849 C Street. N.W., Room 7257 Washington, D C 20240 Phone 202-208-5656 Fax 202-208-5683 E-mail Don Hellmann@nps gov Bruce Sheaffer Bruce Sheaffer 02/05/2008 07.57 AM EST To Don _Hellmann/dm:A goy@NPS cc: Jo Pendry/WASO /NPS @NPS Subject: Re: Fw caneelD Don, SOL will have to comment, but it looks quite good to me except for the 80% provision. It is very possible in fact likely that the compensation we will receive from the lease will come in the form of land that they own outside the estate that we very much want. returning 20% to the treasury would not work under those circumstances.. this mimics fee language. This is more like land sale or exchange authorization. Don Hellmann Don Hellmann To: Bruce Sheaffer@nps gov " r _J Don Hellmann 02/06/2008 01 34 PM EST Bruce To Bruce Sheaffer/A0C/NPS@NPS cc Jo Pendry/WASO/NPS@NPS Subject Re' Fw caneelD I had a long (emphisis on long) conversation with Pam Barkin about this and I think my ears were bleeding by the end of the discussion. I have subsequently spoken with David Watkins and he is awaiting word from the Caneel Bay folks before making further revisions With regard to the compensation provision. I understand your concern about the 80/20 split language if we receive property Pam pointed out that we might get both property and some money (she mentioned wanting to get some money that the concessions people could use to hire someone to oversee the leave) Thus she sugj,_. Acid leaving that 80/20 split language in to deal with how we use the money we receive However. after my conversation with David. I was wondering if we need further changes Pam suggested taking out the language on p 3, line 20. "of a fee or other monetary consideration" and just say 'require payment to the United States of consideration based on " If the language cads that way. could property be considered "consideration" (without being too redundant). If not, would it be clearer to say "require payment to the United States of consideration, including the transfer or donation of property, based on Further, should the distribution section be modified to say "Eighty percent of any cash payments " or "Eighty percent of the payment (not including the value of any property transferred or donated ,, " Do we even want the 80/20 sold? Should it be 100% going back to the park? Any thoughts you had would be appreciated Don Don Hellmann Office of Legislative and Congressional Affairs National Park Service 1849 C Street. N W . Room 7257 Washington, D C 20240 Phone 202-208-5656 Fax 202-208-5683 E-mail Don Hellmann@nps gov Bruce Sheaffer Bruce Sheaffer 02/05/2008 07 57 AM EST To Don Heilmanngnos govt)NPS cc: Jo Pendry/WASO /NPS @NPS Subject. Re: Fw' caneel() Don, SOL will have to comment, but it looks quite good to me except for the 80% provision. It is very possible,. in fact likely that the compensation we will receive from the lease will come in the form of land that they own outside the estate that we very much want returning 20% to the treasury would not work under those circumstances.. this mimics fee language. This is more like land sale or exchange authorization Don Hellmann Don Hellmann To. Bruce_ Sheaffer(&nps gov b li L'1441I . 1 4 - '? 02/04/2008 05:15 PM EST Bruce cc: Subject: Fw caneel Could you review this and let me know what you think? David sent it to me and needs feedback ASAP I also sent to Jo Pendry. He asked that we not share it with the Caneel Bay people at this time as he wants to hear from us first. Thanks. Don Don Hellmann Office of Legislative and Congressional Affairs National Park Service 1849 C Street, N W Room 7257 Washington, D C 20240 Phone 202-208-5656 Fax: 202-208-5683 E-mail: Don Helimann@nps gov Forwarded by Don Hellmann VVOSO,NPS on 02/04/2008 05 14 PM 'Watkins, David' To: <Don_ Hellmann@nps.gov> <Davld Watkins @mail h cc ouse.gov> Subject caneel 02/04/2008 05:09 PM EST As discussed. This is an attempt to take NPS testimony from the hearing and the latest letter from the Foundation and reduce those comments to legislative language. Let me know your thoughts as soon as you can. Thanks. caneeitiNS pdi David Watkins Staff Director Subcommittee on National Parks, Forests and Public Lands House Natural Resources Committee (202) 226-7736 (ph) (202) 226 -2301 (t) http://resourcescommittee house qovidelault.aspx Fl 'r - - 1 7:1 H.R. 1143, Cancel Bay Lease Authorization Act Proposed amendments to Senate Substitute Amendment (WL108649) Section 2 1) Page 2, line 16: strike '1983." and insert "1983 as amended, assigned, and assumed.- Section 3 2) Page 3, line 1: insert "w th the owner of the retained use estate" after "lease". 3) Page 4, line 9: strike "and". 4) Page 4, line 10: redesignate "(5)" as "(6)" and insert the following new subparagraph: "(5) include provisions to ensure protection of the natural. cultural, and historic features of the resort and associated property, consistent with laws and policies applicable to property managed by the National Park Service; and" 5) Pak law 2: strike "effective date" and insert "award". 6) Page 5, lines 17: strike "et seq.)." and insert "et seq.), or with a successor authority governing commercial services in national park units. 7) Page 6, line 7: strike "that" and insert "who". Explanatica Amendments #1, 2, 5, and 7 are minor technical amendments for purposes of clarifying the meaning of the wording in the legislation. Amendment #3 is a technical change necessitated by amendment #4. Amendment #4 provides specific instructions that the provisions of the lease must ensure that critical resources on the resort property are protected consistent with park values. Amendment #6 helps ensure that, in the event that the Concessions Management Improvement Act of 1998 has been replace.: by a new authority governing commercial services in national parks by the time the authorized lease is terminated, the National Park Service will not be required to comply with an outdated law. mo.Of-^- -err; 5. r O: \WEI\WEI08649.xml AMENDMENT NO. Calendar No. p r1,14.1 a fp/Pang-49S ee-ti Purpose: To provide a complete substitute. IN TB SENATE OF THE UNITED STATES-110th Cong., 2d Sess. H. R. 1143 To authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, and for other purposes. Referred to the Committee on ordered to be printed and Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by Viz: 1 Strike all after the enacting clause and insert the fol- 2 lowing: 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Camel Bay Lease Au- 5 thorization Act". 6 SEC. 2. DEFINITIONS. 7 In this Act: -1411..{! T: 17. S _1 / ,1 O: \WEI\WE108649.xml S.L.C. 2 1 (1) ASSOCIATED PROPERTY.-The term "asso- 2 elated property" means real property on the island 3 of St. John that is- 4 (A) owned by the owner of the retained use 5 estate; and 6 (B) related to the operation of the resort. 7 (2) PARK.-The term "Park" means Virgin Is- 8 lands National Park. 9 (3) RESORT.-The term "resort" means the 10 Caned Bay resort on the island of St. John in Vir- 11 gin Island§ National Park. 12 (4) RETAINED USE ESTATE.-The term "re- 13 tamed use estate" means the retained use estate for 14 the Caneel Bay property on the island of St. John 15 entered into between the Jackson Hole Preserve and 1,4 4.0-64m 16 the United States on September 30, 1983 4f cJ 17 (5) SECRETARY.-The term "Secretary" means 18 the Secretary of the Interior. 19 SEC. 3. LEASE AUTHORIZATION. 20 (a) DETERMINATION AND AUTHORIZATION. - 21 (1) IN GENERAL. -If the Secretary determines 22 that the long-term benefit to the Park will be great- 23 er by entering into a lease with the owner of the re- 24 tamed use estate than by authorizing a concession 25 contract upon the termination of the retained use es- a hdel, 3 O: \WEI\WE108649.xml S.L.C. 3 p/oh The ewer rpf .44-c rPfxin ed 14i 1 tate, the Se,. .ry may enter into a lease for the op- " 2 eration and management of the resort. 3 (2) ASSOCIATED PROPERTY.-The Secretary 4 may- 5 (A) acquire associated property from the 6 owner of the retained use estate; and 7 (B) after acquisition, administer the asso- 8 ciated property as part of the Park. 9 (b) AUTHORITY.-Except as otherwise provided by 10 this Act, a lease entered int under this Act shall be in 11 accordance with section 3(k) f Public Law 91-383 (16 12 U.S.C. la-2(k)), notwithstanding paragraph (2) of that 13 subsection. 14 (c) TERMS AND CONDITIONS.-A lease authorized 15 under this Act shall- 16 (1) be for a term of the minimum number of 17 years practicable, taking into consideration the need 18 for the lessee to secure financing for necessary cap- 19 ital improvements to the resort, but not to exceed 40 20 years; 21 (2) prohibit any transfer, assignment, or sale of 22 the lease or other conveyance or pledge of any inter- 23 est in the lease without prior written notification to, 24 and approval by, the Secretary; t 'r , ei rim 0 1 N bide fee fi4-e ben 44 The Ai ht1-0 I egailLf , &of A4'v »G ImtWeJ "( t"itei-if eclififita 0:\WERWEI08649.xml S.L C. 4 1 (3) ensure that the general character of the re- 2 sort property remains unchanged, including a prohi- 3 bition against- 4 (A) any increase in the overall size of the 5 resort; or 6 (B) any increase in the number of guest 7 accommodations available at the resort; 8 (4) prohibit the sale of partial ownership shares 9 or timeshares in the resort;91er 10 6) include any other provisions determined by 11 the Secretary to be necessary to protect the Park 12 and the public interest. 13 (d) RENTAL A;t1.-;UNTS.-In determining the fair 14 market value rental of the lease required under section 15 3(k)(4) of Public Law 91-383 (16 U.S.C. la-2(k)(4)), the 16 Secretary shall take into consideration- 17 (1) the value of any associated property con- 18 veyed to the United States; and 19 (2) the value, if any, of the relinquished term 20 of the retained use estate. 21 (e) USE OF PROCEEDS.-Rental amounts paid to the 22 United States under a lease entered into under this Act 23 shall be available to the Secretary, without further appro- 24 priation, for visitor services and resource protection in the 25 Park. 1 o "(-4 ( 0:\WEAWEI08649.)unl S.L.C. 5 1 (f) CONGRESSIONAL NOTIFICATION.-Not less than a icard 2 60 days before the W*44444418* of a proposed lease under 3 this Act, the Secretary shall submit to the Committee on 4 Energy and Natural Resources of the Senate and the 5 Committee on Natural Resources of the House of Rep- 6 resent atives a copy of the proposed lease. 7 (g) RENEWAL. - 8 (1) IN GENERAL.-A lease entered into under 9 this Act may not be extended or renewed. 10 (2) CONTINUATION OF COMMERCIAL SERV- 1 ICES.-On the termination of a lease entered into 12 under this Act, if the Secretary determines the con- 13 tinuation of commercial services at the resort to be 14 appropriate, the services shall be provided in accord- 15 ante with the National Park Service Concessions 16 Management Improvement Act of 1998 (16 U.S.C. 17 5951 et seq.)) Cxec.i.sev a A./tor thy 5a4,ettnif Cotni fliedel J A reject 18 SEC. 4. RETAINED USE ESTATE. /Jeti/V/7a/ L 19 (a) IN GENERAL.-As a condition of entering into a 20 lease under this Act, the owner of the retained use estate 21 shall- 22 (1) terminate, extinguish, and relinquish to the 23 Secretary all rights under the retained use estate; 24 and er c/4. 4 '0, 0:\WEINEI08649.xm1 S.L.C. 6 1 (2) transfer, without consideration, ownership 2 of improvements on the retained use estate to the 3 National Park Service. 4 (b) APPRAISAL. - 5 (1) IN GENERAL.-The Secretary shall require 6 an appraisal by an independent, qualified appraiser 7 __that is agreed to by the Secretary and the owner of 8 the retained use estate to determine the value, if 9 any, of the relinquished term of the retained use es- 10 tate. 11 (2) REQUIREMENTS.-An appraisal under para- 12 graph (1) shall be conducted in accordance with- 13 (A) Uniform Appraisal Standards for Fed- 14 eral Land Acquisitions developed by the Inter- 15 agency Land Acquisition Conference; and 16 (B) the Uniform Standards of Professional 17 Appraisal Practice. 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