I 
115TH CONGRESS 
1ST SESSION H. R. 4731 
To extend the retained use estate for the Caneel Bay resort in St. John, 
United States Virgin Islands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 21, 2017 
Ms. PLASKETT introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To extend the retained use estate for the Caneel Bay resort 
in St. John, United States Virgin Islands, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXTENSION OF RETAINED USE ESTATE. 
(a) EXTENSION REQUIRED.—Not later than 90 days 
after a request by the grantor, the Secretary of the Inte-
rior shall extend the retained use estate in accordance with 
this section. 
(b) REQUIREMENTS.—The extension under sub-
section (a) shall— 
VerDate Sep 11 2014 
16:29 Dec 23, 2017
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4731.IH
H4731
ethrower on DSK3G9T082PROD with BILLS
(1) except as provided in paragraph (2), be ef-
fective for the 60-year period beginning on the date 
the retained use estate would, but for the extension 
under this section, expire; 
(2) be subject to the terms of the retained use 
estate, including the right of the grantor to termi-
nate the retained use estate in accordance with the 
terms thereof; and 
(3) require the grantor to pay to the United 
States, in quarterly installments for the period of 
the extension, fair market value rental in an amount 
equal to— 
(A) for each of the first 15 years of the ex-
tension, 1.2 percent of the gross revenues of the 
resort in accordance with subsection (c); and 
(B) for each year of the extension there-
after, the amount determined under subpara-
graph (A), except that— 
(i) such amount shall be adjusted if 
requested by the Secretary or the grantor; 
(ii) any such adjustment shall be de-
termined— 
(I) through an agreement be-
tween the Secretary and the grantor; 
or 
VerDate Sep 11 2014 
16:29 Dec 23, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4731.IH
H4731
ethrower on DSK3G9T082PROD with BILLS
(II) if the Secretary and the 
grantor are unable to agree on such 
an adjustment after a 60-day period 
for negotiation (or a longer period for 
negotiation agreed upon by the Sec-
retary and the grantor), through bind-
ing arbitration between the Secretary 
and the grantor using the arbitration 
procedures specified in section 51.51 
of title 36, Code of Federal Regula-
tions; 
(iii) such adjustment shall take into 
account any amounts expended or to be ex-
pended by the grantor for preservation, 
maintenance, restoration, improvement, or 
repair and related expenses specified in 
section 102102(d)(2) of title 54, United 
States Code, to the extent such amounts 
are for the resort; and 
(iv) no more than one adjustment may 
be made under this subparagraph in any 
15-year period. 
(c) PAYMENTS.—Payments under subsection (b)(3) 
shall— 
(1) be due— 
VerDate Sep 11 2014 
16:29 Dec 23, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4731.IH
H4731
ethrower on DSK3G9T082PROD with BILLS
(A) except as provided in subparagraph 
(B), 60 days after the end of the applicable 
quarter; and 
(B) in the case of the last quarter of each 
calendar year (or the last quarter before the re-
tained use estate expires), 90 days after the end 
of the calendar year (or the end of the retained 
use estate in the year that the retained use es-
tate expires); 
(2) be based on actual gross revenues for the 
preceding quarter; 
(3) in the case of a payment due under para-
graph (1)(B), include any adjustment that may be 
required after an audit of the gross annual revenues 
for the preceding year; and 
(4) be deposited into the General Treasury. 
(d) DEFINITIONS.—In this section— 
(1) each of the terms ‘‘retained use estate’’ and 
‘‘resort’’ has the meaning given such term in section 
1 of Public Law 111–261 (16 U.S.C. 398d note); 
and 
(2) the term ‘‘grantor’’ means the holder of the 
retained use estate. 
Æ 
VerDate Sep 11 2014 
16:29 Dec 23, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H4731.IH
H4731
ethrower on DSK3G9T082PROD with BILLS