II 

Calendar No. 296 

111TH CONGRESS 

2D SESSION H. R. 714 

[Report No. 111–146] 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2009 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

MARCH 2, 2010 

Reported by Mr. BINGAMAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

AN ACT 

To authorize the Secretary of the Interior to lease certain 

lands in Virgin Islands National Park, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CANEEL BAY LEASE AUTHORIZATION. 

4 (a) DEFINITIONS.—In this section: 

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

6 Islands National Park. 


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

2 Caneel Bay resort on the island of St. John in the 

3 Park. 

4 (3) RETAINED USE ESTATE.—The term ‘‘re5 tained use estate’’ means the retained use estate for 

6 the Caneel Bay property on the island of St. John 

7 entered into between the Jackson Hole Preserve and 

8 the United States on September 30, 1983 (as 

9 amended, assigned, and assumed). 

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

11 the Secretary of the Interior. 

12 (b) LEASE AUTHORIZATION.— 

13 (1) IN GENERAL.—If the Secretary determines 

14 that the long-term benefit to the Park would be 

15 greater by entering into a lease with the owner of 

16 the retained use estate than by authorizing a conces17 sion contract upon the termination of the retained 

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

19 the owner of the retained use estate for the operation 

20 and management of the resort. 

21 (2) ACQUISITIONS.—The Secretary may— 

22 (A) acquire associated property from the 

23 owner of the retained use estate; and 


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1 (B) on the acquisition of property under 

2 subparagraph (A), administer the property as 

3 part of the Park. 

4 (3) AUTHORITY.—Except as otherwise provided 

5 by this section, a lease shall be in accordance with 

6 subsection (k) of section 3 of Public Law 91–383 

7 (16 U.S.C. 1a–2(k)), notwithstanding paragraph (2) 

8 of that subsection. 

9 (4) TERMS AND CONDITIONS.—A lease author10 ized under this section shall— 

11 (A) be for the minimum number of years 

12 practicable, taking into consideration the need 

13 for the lessee to secure financing for necessary 

14 capital improvements to the resort, but in no 

15 event shall the term of the lease exceed 40 

16 years; 

17 (B) prohibit any transfer, assignment, or 

18 sale of the lease or otherwise convey or pledge 

19 any interest in the lease with without prior 

20 written notification to, and approval by the Sec21 retary; 

22 (C) ensure that the general character of 

23 the resort property remains unchanged, includ24 ing a prohibition against— 


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1 (i) any increase in the overall size of 

2 the resort; or 

3 (ii) any increase in the number of 

4 guest accommodations available at the re5 sort; 

6 (D) prohibit the sale of partial ownership 

7 shares or timeshares in the resort; and 

8 (E) include provisions to ensure the protec9 tion of the natural, cultural, and historic fea10 tures of the resort and associated property, con11 sistent with the laws and policies applicable to 

12 property managed by the National Park Service; 

13 and 

14 (E)(F) include any other provisions deter15 mined by the Secretary to be necessary to pro16 tect the Park and the public interest. 

17 (5) RENTAL AMOUNTS.—In determining the 

18 fair market value rental of the lease required under 

19 section 3(k)(4) of Public Law 91–383 (16 U.S.C. 

20 1a–2(k)(4)), the Secretary shall take into consider21 ation— 

22 (A) the value of any associated property 

23 conveyed to the United States; and 

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

25 term of the retained use estate. 


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1 (6) USE OF PROCEEDS.—Rental amounts paid 

2 to the United States under a lease shall be available 

3 to the Secretary, without further appropriation, for 

4 visitor services and resource protection within the 

5 Park. 

6 (7) CONGRESSIONAL NOTIFICATION.—The Sec7 retary shall submit a proposed lease under this sec8 tion to the Committee on Energy and Natural Re9 sources of the Senate and the Committee on Natural 

10 Resources of the House of Representatives at least 

11 60 days before the effective date award of the lease. 

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

13 section may not be extended or renewed. 

14 (9) TERMINATION.—Upon the termination of a 

15 lease entered into under this section, if the Secretary 

16 determines the continuation of commercial services 

17 at the resort to be appropriate, the services shall be 

18 provided in accordance with the National Park Serv19 ice Concessions Management Improvement Act of 

20 1998 (16 U.S.C. 5951 et seq.). 

21 (c) RETAINED USE ESTATE.— 

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

23 the owner of the retained use estate shall terminate, 

24 extinguish, and relinquish to the Secretary all rights 

25 under the retained use estate and shall transfer, 


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1 without consideration, ownership of improvements 

2 on the retained use estate to the National Park 

3 Service. 

4 (2) APPRAISAL.— 

5 (A) IN GENERAL.—The Secretary shall re6 quire an appraisal by an independent, qualified 

7 appraiser that who is agreed to by the Sec8 retary and the owner of the retained use estate 

9 to determine the value, if any, of the relin10 quished term of the retained use estate. 

11 (B) REQUIREMENTS.—An appraisal under 

12 paragraph (1) shall be conducted in accordance 

13 with— 

14 (i) the Uniform Appraisal Standards 

15 for Federal Land Acquisitions; and 

16 (ii) the Uniform Standards of Profes17 sional Appraisal Practice. 


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Calendar No. 296 

111TH CONGRESS 

2D SESSION H. R. 714 

[Report No. 111–146] 

AN ACT 

To authorize the Secretary of the Interior to lease 

and for other purposes. certain lands in Virgin Islands National Park, 

MARCH 2, 2010 

Reported with amendments 


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