Text: H.R.714 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-261 (10/08/2010)

 
[111th Congress Public Law 261]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 2777]]

Public Law 111-261
111th Congress

                                 An Act


 
  To authorize the Secretary of the Interior to lease certain lands in 
 Virgin Islands National Park, and for other purposes. <<NOTE: Oct. 8, 
                          2010 -  [H.R. 714]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. <<NOTE: 16 USC 398d note.>> 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 long-
        term 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

[[Page 124 STAT. 2778]]

                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 <<NOTE: Deadline.>> 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 <<NOTE: Transfer authority.>>  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.

[[Page 124 STAT. 2779]]

                    (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.

    Approved October 8, 2010.

LEGISLATIVE HISTORY--H.R. 714:
---------------------------------------------------------------------------

SENATE REPORTS: No. 111-146 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 155 (2009):
                                    Feb. 23, considered and passed 
                                        House.
                                                        Vol. 156 (2010):
                                    May 13, considered and passed 
                                        Senate, amended.
                                    Sept. 28, House concurred in Senate 
                                        amendments.

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