[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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