II 

108TH CONGRESS 

2D SESSION S. 2670 

To provide for the continued operation of the Yacht Basin Marina, Montana, 

to allocate recreation fees collected at the Canyon Ferry Unit of the 

Pick-Sloan Missouri River Basin Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2004 

Mr. BAUCUS introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To provide for the continued operation of the Yacht Basin 

Marina, Montana, to allocate recreation fees collected 

at the Canyon Ferry Unit of the Pick-Sloan Missouri 

River Basin Program, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Canyon Ferry Yacht 

5 Basin Marina Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) CONCESSIONAIRE.—The term ‘‘conces2 sionaire’’ means the person or entity that, in accord3 ance with the lease numbered 5–LM–60–L3279, has 

4 the right to operate a public serve concession in the 

Yacht Basin Concession Area located in the SW 1 5 ⁄4

6 sec. 10, T. 10 N., R. 1. W., Montana Principal Me7 ridian. 

8 (2) MARINA.—The term ‘‘Marina’’ means the 

9 Yacht Basin Marina located in the State of Montana 

10 on the Canyon Ferry Unit of the Pick-Sloan Mis11 souri River Basin Program. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior, acting through the 

14 Commissioner of Reclamation. 

15 SEC. 3. YACHT BASIN MARINA. 

16 (a) IN GENERAL.—The Secretary shall— 

17 (1) provide for the continued operation of the 

18 Marina; or 

19 (2) maintain a marina at Yacht Basin that pro20 vides at least as many services and facilities as are 

21 available at the Marina on the date of enactment of 

22 this Act. 

23 (b) LEASE.— 

24 (1) IN GENERAL.—The lease described in sec25 tion 2(1) shall be extended for an additional 10-year 
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1 period beginning on the date of enactment of this 

2 Act. 

3 (2) TERMS.— 

4 (A) IN GENERAL.—Except as provided 

5 under subparagraph (B), the terms of the lease 

6 extended under paragraph (1) shall be the same 

7 as the terms of the lease described in section 

8 2(1). 

9 (B) EXCEPTION.—If the terms of the lease 

10 extended under paragraph (1) are more restric11 tive than the terms allowed at other marinas or 

12 similar Reclamation concessions in effect on the 

13 date of the extension, the Secretary and the 

14 Concessionaire shall, not later than 30 days 

15 after the date of enactment of this Act, amend 

16 the lease to incorporate the less restrictive 

17 terms. 

18 (C) LIMITATION.—The Secretary shall not 

19 include in the terms of the lease extended under 

20 paragraph (1) any terms that are more restric21 tive than the terms of the lease described in 

22 section 2(1). 

23 (3) ADDITIONAL EXTENSIONS.— 

24 (A) IN GENERAL.—In addition to the ex25 tension under paragraph (1), the Secretary 
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1 shall, on request of the concessionaire and sub2 ject to subparagraph (B), extend the lease for 

3 not more than 4 additional 10-year periods. 

4 (B) NOTICE.—For an extension under sub5 paragraph (A) to be valid, the concessionaire 

6 shall, at least 1 year before the date on which 

7 the lease is to expire, submit to the Secretary 

8 written notice that the concessionaire intends to 

9 request an extension to the lease. 

10 (C) DEADLINE FOR EXTENSION.— 

11 (i) IN GENERAL.—Not later than 1 

12 year after the date on which the Secretary 

13 receives a request to extend the lease 

14 under subparagraph (A), the Secretary 

15 shall complete the requested lease exten16 sion. 

17 (ii) AUTOMATIC EXTENSION.— 

18 (I) IN GENERAL.—Except as pro19 vided in subclause (III), if the Sec20 retary does not extend the lease with21 in the time period specified in clause 

22 (i), the lease shall automatically be ex23 tended for an additional 10-year pe24 riod. 
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1 (II) TERMS.—A lease automati2 cally extended under subclause (I) 

3 shall include the latest terms and con4 ditions accepted by the Secretary and 

5 the concessionaire. 

6 (D) REQUIREMENTS.— 

7 (i) IN GENERAL.—Except as provided 

8 in clauses (ii) and (iii), a lease extended 

9 under subparagraph (A) may include terms 

10 requiring the concessionaire to meet any 

11 standards or regulations applicable to the 

12 operation of marinas or similar Reclama13 tion concessions in effect on the date of the 

14 extension, with an emphasis on including 

15 standards or regulations relating to public 

16 safety. 

17 (ii) EXCEPTIONS.—Notwithstanding 

18 clause (i), the Secretary shall not include 

19 in the terms of a lease extended under sub20 paragraph (A)— 

21 (I) limitations on rental periods 

22 at boat docks; 

23 (II) provisions allowing the Sec24 retary to take title to capital invest25 ments made by the concessionaire un-
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1 less the Secretary compensates the 

2 concessionaire for the full market 

3 value of the investments; 

4 (III) provisions requiring the 

5 concessionaire to provide less services 

6 at the Marina than those which are 

7 provided under the lease in effect on 

8 the date of enactment of this Act; or 

9 (IV) provisions requiring the con10 cessionaire to relocate the Marina. 

11 (iii) LIMITATION.—A lease extended 

12 under subparagraph (A) shall not include 

13 any terms that are more restrictive than 

14 the terms of the lease described in section 

15 2(1). 

16 (E) SUBSEQUENT TRANSFER.— 

17 (i) IN GENERAL.—Subject to clause 

18 (ii), the concessionaire may transfer owner19 ship of concession facilities subject to a 

20 lease extended under subparagraph (A) at 

21 any time during the term of the term of 

22 the lease. 

23 (ii) APPROVAL BY SECRETARY.— 
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1 (I) IN GENERAL.—A transfer of 

2 ownership under clause (i) shall be 

3 subject to approval by the Secretary. 

4 (II) REQUIREMENTS.—In deter5 mining whether to approve a transfer 

6 under subclause (I), the Secretary 

7 shall consider only whether the person 

8 or entity to which the facilities are to 

9 be transferred has the financial and 

10 managerial qualifications to assume 

11 the duties and responsibilities of the 

12 concessionaire under the terms of the 

13 lease. 

14 (III) WRITTEN NOTICE.—The 

15 Secretary shall submit to the conces16 sionaire and any person or entity to 

17 which the facilities are to be trans18 ferred written notice that specifies— 

19 (aa) whether the Secretary 

20 has approved or disapproved the 

21 transfer; and 

22 (bb) the reasons for the ap23 proval or disapproval. 

24 (4) REVIEW.—A concessionaire or any person 

25 or entity to which concession facilities are trans-
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1 ferred under paragraph (3)(E) shall not be subject 

2 to any additional review by the Secretary with re3 spect to an improvement or construction that has 

4 previously been inspected and approved by the Sec5 retary, unless the Secretary determines that the con6 struction or improvement poses a significant hazard 

7 to public safety or the environment. 

8 (5) AMENDMENTS.—Nothing in this Act affects 

9 the right of the Secretary or the concessionaire to— 

10 (A) propose amendments to a lease ex11 tended under this section; and 

12 (B) include in a lease extended under this 

13 section any amendments to the lease that the 

14 Secretary and the concessionaire mutually agree 

15 on. 

16 (c) BOUNDARY EXPANSION.— 

17 (1) IN GENERAL.—Nothing in this section pro18 hibits the concessionaire, in cooperation with the 

19 Secretary, from expanding the boundary of the Ma20 rina to incorporate adjoining Reclamation land in 

21 the Marina for the purpose of— 

22 (A) better serving the needs of the public; 

23 or 

24 (B) addressing expansion, safety, or secu25 rity issues of the Marina. 
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1 (2) MANAGEMENT.—The concessionaire shall 

2 manage any land incorporated under paragraph (1). 

3 (d) EROSION CONTROL.—The Secretary shall work 

4 with the public, the concessionaire, and private landowners 

5 to remedy shoreline erosion in and around the Marina to 

6 prevent the loss of public and private property. 

7 SEC. 4. RECREATION FEES. 

8 Of the recreation fees collected at the Canyon Ferry 

9 Unit of the Pick-Sloan Missouri River Basin Program for 

10 fiscal year 2005 and each subsequent fiscal year, 80 per11 cent shall be deposited in the recreation account for the 

12 Canyon Ferry Unit. 

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