IB 

Union Calendar No. 323 

110TH CONGRESS 

2D SESSION H. R. 1143 

[Report No. 110–532] 

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

Islands National Park, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Mrs. CHRISTENSEN introduced the following bill; which was referred to the 

Committee on Natural Resources 

FEBRUARY 28, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 16, 2007] 

A BILL 

To authorize the Secretary of the Interior to lease certain 

lands in Virgin Islands National Park, and for other 

purposes. 

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

3 SECTION 1. DEFINITIONS. 

4 In this Act, the following definitions apply: 


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1 (1) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (2) RUE.—The term ‘‘RUE’’ means the retained 

4 use estate entered into by the Jackson Hole Preserve 

5 and the United States on September 30, 1983. 

6 (3) PARK.—The term ‘‘park’’ means Virgin Is7 lands National Park. 

8 (4) CBI.—The term ‘‘CBI’’ means CBI Acquisi9 tions, LLC. 

10 (5) RESORT.—The term ‘‘Resort’’ means Caneel 

11 Bay Resort on the island of St. John in Virgin Is12 lands National Park. 

13 SEC. 2. LEASE AGREEMENT. 

14 (a) AUTHORIZATION.—The Secretary may enter into 

15 a lease agreement with CBI governing the use of property 

16 for the continued management and operation of the Resort. 

17 (b) ADDITIONAL LANDS.—Any lease entered into pur18 suant to this Act shall include the property covered by the 

19 RUE and any associated property owned by CBI donated 

20 to the National Park Service. 

21 (c) TERMS.—The lease agreement authorized under 

22 subsection (a) shall— 

23 (1) require that operations and maintenance of 

24 the Resort are conducted in a manner consistent with 

25 the preservation and conservation of the resources and 


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1 values of the Park as well as the best interests of the 

2 Resort; 

3 (2) be for the minimum number of years prac4 ticable to enable the lessee to secure financing for any 

5 necessary improvements to the Resort, taking into ac6 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 ap11 proval 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 prop19 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 Park and 

23 the public interest. 

24 (d) APPRAISALS.—The Secretary shall require ap25 praisals to determine the fair market value of all property 


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1 covered by the RUE and any property, including the value, 

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. Such appraisals shall be conducted pursuant to the 

5 Uniform Appraisal Standards for Federal Land Acquisi6 tion. 

7 (e) COMPENSATION.— 

8 (1) IN GENERAL.—The lease authorized by this 

9 Act 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 transferred by CBI as well as the value, if any, 

14 of 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 unan20 ticipated 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 un24 able to agree upon an adjustment to the 

25 payment in these circumstances. 


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1 (2) DISTRIBUTION.—Eighty percent of the pay2 ment to the United States required by this subsection 

3 shall be available to the Secretary, without further 

4 appropriation, for expenditure within the Park. The 

5 remaining twenty percent shall be deposited in the 

6 Treasury. 

7 (3) APPLICABILITY OF CERTAIN LAW.—Section 

8 321 of the Act of June 30, 1932 (40 U.S.C. 1302), re9 lating to the leasing of buildings and property of the 

10 United States, shall not apply to the lease entered 

11 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. 


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Union Calendar No. 323 

110TH CONGRESS 

2D SESSION H. R. 1143 

[Report No. 110

–532] 

A BILL 

To authorize the Secretary of the Interior to lease 

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

FEBRUARY 28, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


hsrobinson on PROD1PC76 with BILLS