H. R. 714 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To authorize the Secretary of the Interior to lease certain lands in Virgin Islands 

National Park, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CANEEL BAY LEASE AUTHORIZATION. 

(a) DEFINITIONS.—In this section: 

(1) PARK.—The term ‘‘Park’’ means the Virgin Islands 

National Park. 

(2) RESORT.—The term ‘‘resort’’ means the Caneel Bay 

resort on the island of St. John in the Park. 

(3) RETAINED USE ESTATE.—The term ‘‘retained use estate’’ 

means the retained use estate for the Caneel Bay property 

on the island of St. John entered into between the Jackson 

Hole Preserve and the United States on September 30, 1983 

(as amended, assigned, and assumed). 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(b) LEASE AUTHORIZATION.— 

(1) IN GENERAL.—If the Secretary determines that the longterm benefit to the Park would be greater by entering into 

a lease with the owner of the retained use estate than by 

authorizing a concession contract upon the termination of the 

retained use estate, the Secretary may enter into a lease with 

the owner of the retained use estate for the operation and 

management of the resort. 

(2) ACQUISITIONS.—The Secretary may— 

(A) acquire associated property from the owner of the 

retained use estate; and 

(B) on the acquisition of property under subparagraph 

(A), administer the property as part of the Park. 

(3) AUTHORITY.—Except as otherwise provided by this section, a lease shall be in accordance with subsection (k) of 

section 3 of Public Law 91–383 (16 U.S.C. 1a–2(k)), notwithstanding paragraph (2) of that subsection. 

(4) TERMS AND CONDITIONS.—A lease authorized under this 

section shall— 

(A) be for the minimum number of years practicable, 

taking into consideration the need for the lessee to secure 

financing for necessary capital improvements to the resort, 

but in no event shall the term of the lease exceed 40 

years; 

(B) prohibit any transfer, assignment, or sale of the 

lease or otherwise convey or pledge any interest in the 
H. R. 714—2 

lease without prior written notification to, and approval 

by the Secretary; 

(C) ensure that the general character of the resort 

property remains unchanged, including a prohibition 

against— 

(i) any increase in the overall size of the resort; 

or 

(ii) any increase in the number of guest accommodations available at the resort; 

(D) prohibit the sale of partial ownership shares or 

timeshares in the resort; 

(E) include provisions to ensure the protection of the 

natural, cultural, and historic features of the resort and 

associated property, consistent with the laws and policies 

applicable to property managed by the National Park 

Service; and 

(F) include any other provisions determined by the 

Secretary to be necessary to protect the Park and the 

public interest. 

(5) RENTAL AMOUNTS.—In determining the fair market 

value rental of the lease required under section 3(k)(4) of Public 

Law 91–383 (16 U.S.C. 1a–2(k)(4)), the Secretary shall take 

into consideration— 

(A) the value of any associated property conveyed to 

the United States; and 

(B) the value, if any, of the relinquished term of the 

retained use estate. 

(6) USE OF PROCEEDS.—Rental amounts paid to the United 

States under a lease shall be available to the Secretary, without 

further appropriation, for visitor services and resource protection within the Park. 

(7) CONGRESSIONAL NOTIFICATION.—The Secretary shall 

submit a proposed lease under this section to the Committee 

on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives 

at least 60 days before the award of the lease. 

(8) RENEWAL.—A lease entered into under this section may 

not be extended or renewed. 

(9) TERMINATION.—Upon the termination of a lease entered 

into under this section, if the Secretary determines the continuation of commercial services at the resort to be appropriate, 

the services shall be provided in accordance with the National 

Park Service Concessions Management Improvement Act of 

1998 (16 U.S.C. 5951 et seq.). 

(c) RETAINED USE ESTATE.— 

(1) IN GENERAL.—As a condition of the lease, the owner 

of the retained use estate shall terminate, extinguish, and 

relinquish to the Secretary all rights under the retained use 

estate and shall transfer, without consideration, ownership of 

improvements on the retained use estate to the National Park 

Service. 

(2) APPRAISAL.— (A) IN GENERAL.—The Secretary shall require an 

appraisal by an independent, qualified appraiser who is 

agreed to by the Secretary and the owner of the retained 

use estate to determine the value, if any, of the relinquished 

term of the retained use estate. 
H. R. 714—3 

(B) REQUIREMENTS.—An appraisal under paragraph (1) 

shall be conducted in accordance with— 

(i) the Uniform Appraisal Standards for Federal 

Land Acquisitions; and 

(ii) the Uniform Standards of Professional 

Appraisal Practice. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.