I 
111TH CONGRESS 
1ST SESSION 
H.R.714 
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 
JANUARY 27, 2009 
Mrs. Cl-IRISTENSEN introduced the following bill; which was referred to the 
Committee on Natural Resources 
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 Representa-
2 tives of the United States of America in Congress assembled, 
3 
SECTION 1. CANEEL BAY LEASE AUTHORIZATION. 
4 
(a) DEFINITIONS.—In this section: 
5 
(1) PARK.—The term "Park" means the Virgin 
6 
Islands National Park. 
7 
(2) RESORT.—The term "resort" means the 
8 
Caneel Bay resort on the island of St. John in the 
9 
Park. 
2 
1 
(3) RETAINED USE ESTATE.—The term "re-
2 
tained use estate" means the retained use estate for 
3 
the Caneel Bay property on the island of St. John 
4 
entered into between the Jackson Hole Preserve and 
5 
the United States on September 30, 1983. 
6 
(4) SECRETARY.—The term "Secretary" means 
J 
7 
the Secretary of the Interior. 
8 
(b) LEASE AUTHORIZATION.— 
9 
(1) IN GENERAL.—If the Secretary determines 
10 
that the long-term benefit to the Park would be 
11 
greater by entering into a lease with the owner of 
12 
the retained use estate than by authorizing a conces-
13 
sion contract upon the termination of the retained 
14 
use estate, the Secretary may enter into a lease for 
15 
the operation and management of the resort. 
16 
(2) ACQUISITIONS.—The Secretary may— 
17 
(A) acquire associated property from the 
18 
owner of the retained use estate; and 
19 
(B) on the acquisition of property under 
20 
subparagraph (A), administer the property as 
21 
part of the Park. 
22 
(3) AUTHORITY.—Except as otherwise provided 
23 
by this section, a lease shall be in accordance with 
24 
subsection (k) of section 3 of Public Law 91-383 
•HR 714 IH 
3 
1 
(16 U.S.C. la-2(k)), notwithstanding paragraph (2) 
2 
of that subsection. 
3 
(4) T E R M S AND CONDITIONS.—A lease author-
4 
ized under this section shall— 
5 
(A) be for the minimum number of years 
6 
practicable, taking into consideration the need 
7 
for the lessee to secure financing for necessary 
8 
capital improvements to the resort, but in no 
9 
event shall the term of the lease exceed 40 
10 
years; 
11 
(B) prohibit any transfer, assignment, or 
12 
sale of the lease or otherwise convey or pledge 
13 
any interest in the lease with prior written noti-
14 
fication to, and approval by the Secretary; 
15 
(C) ensure that the general character of 
16 
the resort property remains unchanged, includ-
17 
ing a prohibition against— 
18 
(i) any increase in the overall size of 
19 
the resort; or 
20 
(ii) any increase in the number of 
21 
guest accommodations available at the re-
22 
sort; 
23 
(D) prohibit the sale of partial ownership 
24 
shares or timeshares in the resort; and 
•HR 714 IH 
4 
1 
(E) include an}^ other provisions deter-
2 
mined by the Secretary to be necessary to pro-
3 
tect the Park and the public interest. 
4 
(5) 
RENTAL AMOUNTS.—In determining the 
5 
fair market value rental of the lease required under 
6 
section 3(k)(4) of Public Law 91-383 (16 U.S.C. 
7 
la-2(k)(4)), the Secretary shall take into consider-
8 
ation— 
9 
(A) the value of any associated property 
10 
conveyed to the United States; and 
11 
(B) the value, if any, of the relinquished 
12 
term of the retained use estate. 
13 
(6) USE OP PROCEEDS.—Rental amounts paid 
14 
to the United States under a lease shall be available 
15 
to the Secretary, without further appropriation, for 
16 
visitor services and resource protection within the 
17 
Park. 
18 
(7) CONGRESSIONAL NOTIFICATION.—The Sec-
19 
retary shall submit a proposed lease under this sec-
20 
tion to the Committee on Energy and Natural Re-
21 
sources of the Senate and the Committee on Natural 
22 
Resources of the House of Representatives at least 
23 
60 days before the effective date of the lease. 
24 
(8) RENEWAL.—A lease entered into under this 
25 
section may not be extended or renewed. 
•HR 714 IH 
5 
1 
(9) TERMINATION.—Upon the termination of a 
2 
lease entered into under this section, if the Secretaiy 
3 
determines the continuation of connnercial services 
4 
at the resort to be appropriate, the sendees shall be 
5 
provided in accordance with the National Park Serv-
6 
ice Concessions Management Improvement Act of 
7 
1998 (16 U.S.C. 5951 et seq.). 
8 
(c) RETAINED U S E E S T A T E . — 
9 
(1) I N GENERAL,—As a condition of the lease, 
10 
the owner of the retained use estate shall terminate, 
11 
extinguish, and relinquish to the Secretaiy all rights 
12 
under the retained use estate and shall transfer, 
13 
without consideration, ownership of improvements 
14 
on the retained use estate to the National Park 
15 
Sendee. 
16 
(2) APPRAISAL.— 
17 
(A) IN GENERAL.—The Secretaiy shall re-
18 
quire an appraisal by an independent, qualified 
19 
appraiser that is agreed to by the Secretary and 
20 
the owner of the retained use estate to deter-
21 
mine the value, if any, of the relinquished term 
22 
of the retained use estate. 
23 
(B) REQUIREMENTS.—An appraisal under 
24 
paragraph (1) shall be conducted in accordance 
25 
with— 
•HR 714 IH 
6 
1 
(i) the Uniform Appraisal Standards 
2 
for Federal Land Acquisitions; and 
3 
(ii) the Uniform Standards of Profes-
4 
sional Appraisal Practice. 
O 
•HR 714 IH 
II 
Calendar No. 296 
ra CONGRESS 
f t 
« 
*T 1 yf 
2D SESSION 
H. 
K. 
/ 
14 
[Report No. 111-146] 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 24, 2009 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
MARCH 2, 
2010 
Reported by Mr. BINGAMAN, with amendments 
|Omit the part struck through and insert the part printed in italic] 
AN ACT 
To authorize the Secretaiy 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 Representa-
2 tives of the United States of America in Congress assembled, 
3 
SECTION 1. CANEEL BAY LEASE AUTHORIZATION. 
4 
(a) DEFINITIONS.—In this section: 
5 
(1) PARK.—The term "Park" means the Virgin 
6 
Islands National Park. 
2 
1 
(2) RESORT.—The term "resort" means the 
2 
Caneel Bay resort on the island of St. John in the 
3 
Park. 
4 
(3) RETAINED USE ESTATE.—The term "re-
5 
tained use estate" means the retained use estate for 
6 
the Caneel Bay property on the island of St. John 
7 
entered into between the Jackson Hole Preserve and 
8 
the United States on September 30, 1983 (as 
9 
amended, assigned, and assumed). 
10 
(4) SECRETARY.—The term "Secretary" means 
11 
the Secretary of the Interior. 
12 
(b) LEASE AUTHORIZATION.— 
13 
(1) IN GENERAL.—If the Secretary determines 
14 
that the long-term benefit to the Park would be 
15 
greater by entering into a lease with the owner of 
16 
the retained use estate than by authorizing a conces-
17 
sion contract upon the termination of the retained 
18 
use estate, the Secretary may enter into a lease with 
19 
the owner of the retained use estate for the operation 
20 
and management of the resort. 
21 
(2) ACQUISITIONS.—The Secretary may— 
22 
(A) acquire associated property from the 
23 
owner of the retained use estate; and 
•HK 714 RS 
3 
1 
(B) on the acquisition of property under 
2 
subparagraph (A), administer the property as 
3 
part of the Park. 
4 
(3) AUTHORITY.—Except as otherwise provided 
5 
by this section, a lease shall be in accordance with 
6 
subsection (k) of section 3 of Public Law 91-383 
7 
(16 U.S.C. la-2(k)), notwithstanding* paragraph (2) 
8 
of that subsection. 
9 
(4) TERMS AND CONDITIONS.—A lease author-
10 
ized under this section shall— 
11 
(A) be for the minimum number of years 
12 
practicable, taking into consideration the need 
13 
for the lessee to secure financing* for necessary 
14 
capital improvements to the resort, but in no 
15 
event shall the term of the lease exceed 40 
16 
j^ears; 
17 
(B) prohibit any transfer, assignment, or 
18 
sale of the lease or otherwise convey or pledge 
19 
anj^ interest in the lease with without 
prior 
20 
written notification to, and approval bjr the Sec-
21 
retary; 
22 
(C) ensure that the general character of 
23 
the resort property remains unchanged, includ-
24 
ing a prohibition against— 
•HR 714 RS 
4 
1 
(i) any increase in the overall size of 
2 
the resort; or 
3 
(ii) any increase in the number of 
4 
guest accommodations available at the re-
5 
sort; 
6 
(D) prohibit the sale of partial ownership 
7 
shares or timeshares in the resort; a«d-
8 
(E) include provisions to ensure the protec-
9 
Hon of the natural, cultural, and historic fea-
10 
tures of the resort and associated property, con-
11 
sistent with the laws and policies applicable to 
12 
property managed by the National Park Service; 
13 
and 
14 
^rf(F) include any other provisions deter-
15 
mined by the Secretary to be necessary to pro-
16 
tect the Park and the public interest. 
17 
(5) 
RENTAL AMOUNTS.—In determining the 
18 
fair market value rental of the lease required under 
19 
section 3(k)(4) of Public Law 91-383 (16 U.S.C. 
20 
la-2(k)(4)), the Secretary shall take into consider-
21 
ation— 
22 
(A) the value of any associated property 
23 
conveyed to the United States; and 
24 
(B) the value, if any, of the relinquished 
25 
term of the retained use estate. 
•HR 714 RS 
5 
1 
(6) USE OF PROCEEDS.—Rental amounts paid 
2 
to the United States under a lease shall be available 
3 
to the Secretary, without further appropriation, for 
4 
visitor services and resource protection within the 
5 
Park. 
6 
(7) CONGRESSIONAL NOTIFICATION.—The 
Sec-
7 
retary shall submit a proposed lease under this sec-
8 
tion to the Committee on Energy and Natural Re-
9 
sources of the Senate and the Committee on Natural 
10 
Resources of the House of Representatives at least 
11 
60 days before the effective date award of the lease. 
12 
(8) RENEWAL.—A lease entered into under this 
13 
section mav not be extended or renewed. 
14 
(9) TERMINATION.—Upon the termination of a 
15 
lease entered into under this section, if the Secretary 
16 
determines the continuation of commercial sendees 
17 
at the resort to be appropriate, the services shall be 
18 
provided in accordance with the National Park Serv-
19 
ice Concessions Management Improvement Act of 
20 
1998 (16 U.S.C. 5951 et seq.). 
21 
(c) RETAINED U S E E S T A T E . — 
22 
(1) IN GENERAL.—As a condition of the lease, 
23 
the owner of the retained use estate shall terminate, 
24 
extinguish, and relinquish to the Secretary all rights 
25 
under the retained use estate and shall transfer, 
•HR 714 RS 
6 
1 
without consideration, ownership of improvements 
2 
on the retained use estate to the National Park 
3 
Service. 
4 
(2) APPRAISAL.— 
5 
(A) IN GENERAL.—The Secretary shall re-
6 
quire an appraisal by an independent, qualified 
7 
appraiser that who is agreed to by the See-
8 
retary and the owner of the retained use estate 
9 
to determine the value, if any, of the relin-
10 
quished term of the retained use estate. 
11 
(B) REQUIREMENTS.—An appraisal under 
12 
paragraph (1) shall be conducted in accordance 
13 
with— 
14 
(i) the Uniform Appraisal Standards 
15 
for Federal Land Acquisitions; and 
16 
(ii) the Uniform Standards of Profes-
17 
sional Appraisal Practice. 
•HR 714 RS 
Calendar No. 296 
ulT
2',i=ESS H. R. 7 1 4 
[Report No. 111-146] 
AN ACT 
To authorize the Secretaiy of the Interior to lease 
certain lands in Virgin Islands National Park, 
and for other purposes. 
MAKUII 2, 
2010 
Reported with amendments 
nB 
111TH CONGRESS 
1ST SESSION 
H.R.714 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 24, 2009 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
A N ACT 
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 Representa-
2 tives of the United States of America in Congress assembled, 
2 
1 SECTION 1. CANEEL BAY LEASE AUTHORIZATION. 
2 
(a) DEFINITIONS.—In this section: 
3 
(1) PARK.—The term "Park" means the Virgin 
4 
Islands National Park. 
5 
(2) RESORT.—The term "resort" means the 
6 
Caneel Bay resort on the island of St. John in the 
7 
Park. 
8 
(3) RETAINED USE ESTATE.—The term "re-
9 
tained use estate" means the retained use estate for 
10 
the Caneel Bay property on the island of St. John 
11 
entered into between the Jackson Hole Preserve and 
12 
the United States on September 30, 1983. 
13 
(4) SECRETARY.—The term "Secretary" means 
14 
the Secretary of the Interior. 
15 
(b) LEASE AUTHORIZATION.— 
16 
(1) IN GENERAL.—If the Secretary determines 
17 
that the long-term benefit to the Park would be 
18 
greater by entering into a lease with the owner of 
19 
the retained use estate than by authorizing a conees-
20 
sion contract upon the termination of the retained 
21 
use estate, the Secretary may enter into a lease for 
22 
the operation and management of the resort. 
23 
(2) ACQUISITIONS.—The Secretary may— 
24 
(A) acquire associated property from the 
25 
owner of the retained use estate; and 
HR 714 RFS 
3 
1 
(B) on the acquisition of property under 
2 
subparagraph (A), administer the property as 
3 
part of the Park. 
4 
(3) AUTHORITY.—Except as otherwise provided 
5 
by this section, a lease shall be in accordance with 
6 
subsection (k) of section 3 of Public Law 91-383 
7 
(16 U.S.C. la-2(k)), notwithstanding paragraph (2) 
8 
of that subsection. 
9 
(4) TERMS AND CONDITIONS.—A lease author-
10 
ized under this section shall— 
11 
(A) be for the minimum number of years 
12 
practicable, taking into consideration the need 
13 
for the lessee to secure financing for necessary 
14 
capital improvements to the resort, but in no 
15 
event shall the term of the lease exceed 40 
16 
years; 
17 
(B) prohibit any transfer, assignment, or 
18 
sale of the lease or otherwise convey or pledge 
19 
any interest in the lease with prior written noti-
20 
fication to, and approval by the Secretary; 
21 
(C) ensure that the general character of 
22 
the resort property remains unchanged, includ-
23 
ing a prohibition against— 
24 
(i) any increase in the overall size of 
25 
the resort; or 
HR 714 RFS 
4 
1 
(ii) any increase in the number of 
2 
guest accommodations available at the re-
3 
sort; 
4 
(D) prohibit the sale of partial ownership 
5 
shares or timeshares in the resort; and 
6 
(E) include any other provisions deter-
7 
mined by the Secretary to be necessary to pro-
8 
tect the Park and the public interest. 
9 
(5) RENTAL AMOUNTS.—In determining the 
10 
fair market value rental of the lease required under 
11 
section 3(k)(4) of Public Law 91-383 (16 U.S.C. 
12 
la-2(k)(4)), the Secretary shall take into consider-
13 
ation— 
14 
(A) the value of any associated property 
15 
conveyed to the United States; and 
16 
(B) the value, if any, of the relinquished 
17 
term of the retained use estate. 
18 
(6) USE OF PROCEEDS.—Rental amounts paid 
19 
to the United States under a lease shall be available 
20 
to the Secretary, without farther appropriation, for 
21 
visitor services and resource protection within the 
22 
Park. 
23 
(7) CONGRESSIONAL NOTIFICATION.—The Sec-
24 
retary shall submit a proposed lease under this sec-
25 
tion to the Committee on Energy and Natural Re-
HR 714 RFS 
5 
1 
sources of the Senate and the Committee on Natural 
2 
Resources of the House of Representatives at least 
3 
60 days before the effective date of the lease. 
4 
(8) RENEWAL.—A lease entered into under this 
5 
section may not be extended or renewed. 
6 
(9) TERMINATION.—Upon the termination of a 
7 
lease entered into under this section, if the Secretary 
8 
determines the continuation of commercial services 
9 
at the resort to be appropriate, the services shall be 
10 
provided in accordance with the National Park Serv-
11 
ice Concessions Management Improvement Act of 
12 
1998 (16 U.S.C. 5951 et seq.). 
13 
(c) RETAINED USE ESTATE.— 
14 
(1) IN GENERAL.—As a condition of the lease, 
15 
the owner of the retained use estate shall terminate, 
16 
extinguish, and relinquish to the Secretary all rights 
17 
under the retained use estate and shall transfer, 
18 
without consideration, ownership of improvements 
19 
on the retained use estate to the National Park 
20 
Service. 
, 21 
(2) APPRAISAL.— 
, 22 
(A) IN GENERAL.—The Secretary shall re-
23 
quire an appraisal by an independent, qualified 
24 
appraiser that is agreed to by the Secretary and 
25 
the owner of the retained use estate to deter-
HR 714 RFS 
6 
1 
mine the value, if any, of the relinquished term 
2 
of the retained use estate. 
3 
(B) REQUIREMENTS.—An appraisal under 
4 
paragraph (1) shall be conducted in accordance 
5 
with— 
6 
(i) the Uniform Appraisal Standards 
7 
for Federal Land Acquisitions; and 
8 
(ii) the Uniform Standards of Profes-
9 
sional Appraisal Practice. 
Passed the House of Representatives February 23, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
HR 714 RFS 
FLO09977 
S.L.C. 
AMENDMENT NO. 
Calendar No. 
Purpose: To improve the bill. 
IN THE SENATE OF THE UNITED STATES—111th Cong., 1st Sess. 
H . R . 7 1 4 
To authorize the Secretary of the Interior to lease certain 
lands in Virgin Islands National Park, and for other 
purposes. 
Referred to the Committee on 
and 
ordered to be printed 
Ordered to lie on the table and to be printed 
AMENDMENTS intended to be proposed by 
Viz: 
1 
On page 2, line 12, insert "(as amended, assigned, 
2 and assumed)" before the period. 
3 
On page 2, line 21, insert "with the owner of the re-
4 taineduse estate" before "for". 
5 
On page 3, line 19, strike "with" and insert "with-
6 out". 
7 
On page 4, line 5, strike "and". 
FLO09977 
S.L.C. 
2 
1 
On page 4, between lines 5 and 6, insert the fol-
2 lowing: 
3 
(E) include provisions to ensure the protec-
4 
tion of the natural, cultural, and historic fea-
5 
tures of the resort and associated property, con-
6 
sistent with the laws and policies applicable to 
7 
property managed by the National Park Serv-
8 
ice; and 
9 
On page 4, line 6, strike "(E)" and insert "(F)". 
10 
On page 5, line 3, strike "effective date" and insert 
11 "award". 
12 
On page 5, line 24, strike "that" and insert "who". 
NOTICE OF HEARING 
Committee on Energy and Natural Resources 
Mr. BINGAMAN. Mr. President, I would like to announce for the information of 
the Senate and the public that a hearing has been scheduled before Committee on Energy 
and Natural Resources Subcommittee on National Parks. 
The hearing will be held on Wednesday, July 15, 2009, at 2:30 p.m. in room SD-
366 of the Dirksen Senate Office Building. 
The purpose of the hearing is to receive testimony on the following bills: 
S. 227, to establish the Harriet Tubman National Historical Park in 
Auburn, New York, and the Harriet Tubman Underground Railroad National 
Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for 
other purposes; 
S. 625, to authorize the Secretary of the Interior to establish the Waco 
Mammoth National Monument in the State of Texas; 
S. 853, to designate additional segments and tributaries of White Clay 
Creek, in the States of Delaware and Pennsylvania, as a component of the 
National Wild and Scenic Rivers System; 
S. 1053, to amend the National Law Enforcement Museum Act to extend 
the termination date; 
S. 1117, to authorize the Secretary of the Interior to provide assistance in 
implementing cultural heritage, conservation, and recreational activities in the 
Connecticut River watershed of the States of New Hampshire and Vermont; 
S. 1168 and H.R. 1694, to authorize the acquisition and protection of 
nationally significant battlefields and associated sites of the Revolutionary War 
and the War of 1812 under the American Battlefield Protection Program; and 
H.R. 714, to authorize the Secretary of the Interior to lease certain lands in 
Virgin Islands National Park, and for other purposes. 
Because of the limited time available for the hearing, witnesses may testify by 
invitation only. However, those wishing to submit written testimony for the hearing 
record should send it to the Committee on Energy and Natural Resources, United States 
Senate, Washington, DC 20510-6150, or by email to anna fox@energy.senate.gov. 
For further information, please contact David Brooks at (202) 224-9863 or Anna 
Fox at (202) 224-1219. 
STATEMENT OF KATHERINE H. STEVENSON, ACTING DEPUTY DIRECTOR, 
SUPPORT SERVICES, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE 
INTERIOR, BEFORE THE SUBCOMMITTEE ON NATIONAL PARKS OF THE 
SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES CONCERNING 
H.R. 714, A BILL TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO LEASE 
CERTAIN LANDS IN VIRGIN ISLANDS NATIONAL PARK, AND FOR OTHER 
PURPOSES. 
JULY 15, 2009 
Mr. Chairman, thank you for the opportunity to provide the Department of the Interior's views 
on H.R.714, a bill to authorize the Secretary of the Interior to lease certain lands in Virgin 
Islands National Park, and for other purposes. 
The Department supports H.R. 714, with some minor amendments. 
This legislation would allow the Secretary of the Interior to enter into a lease with the current 
holder of a retained use estate for property at Caneel Bay within Virgin Islands National Park 
after the termination of the retained use estate and donation of all improvements to the National 
Park Service (NPS). The Caneel Bay resort is one of two large resorts on the island of St. John. 
Located on a 150-acre peninsula on the northwest side of the island, this luxury resort has 
approximately 425 to 450 employees and serves as one of the primary economic engines for the 
U.S. Virgin Islands. A large number of employees travel daily to St. John from their residences 
on neighboring St. Thomas. The resort is also an Economic Development Center beneficiary 
and, as such, receives various tax exemptions from the Government of the Virgin Islands. 
Lawrence Rockefeller established the Caneel Bay resort in 1956. In 1983, Jackson Hole 
Preserve, a Rockefeller corporation, donated the land at Caneel Bay to the United States 
Government for inclusion within Virgin Islands National Park and reserved to itself the right to 
continue its operations for 40 years under a retained use estate. Jackson Hole Preserve did not 
convey the improvements on the land to the United States at that time. The retained use estate 
will expire on September 30, 2023. The warranty deed stipulates that when the retained use 
estate terminates, the owner of the retained use estate must donate the buildings and other 
improvements to the NPS. 
Enactment of H.R. 714 would allow the current holder of the retained use estate to negotiate a 
long-term lease, up to 40 years, with the NPS that could extend the Caneel Bay Resort operation 
well beyond the year 2023. Such an extension could allow the leaseholder to secure financing to 
undertake capital improvements that would most likely not be possible financially under the 
remaining term of the current retained use estate. 
The NPS has evaluated various options for the future use and management of the Caneel Bay 
property. Based upon a value analysis, we believe that the continued future operation of Caneel 
Bay as a resort under a lease would provide the greatest advantage to the NPS and the U.S. 
Virgin Islands. A lease could provide economic and administrative benefits to the NPS and the 
1 
lessee that are not available or not as viable as under a retained use estate or a concession 
contract, two of the other options that were examined. 
Legislation is necessary because the NPS does not have the authority to enter into a 
noncompetitive lease under existing regulations (36 CFR §18, Leasing of Properties in Park 
Areas). The only exceptions to competitive leasing under the regulations are for leases to 
nonprofit organizations or units of government, and for leases of duration of 60 days or less. 
We would like to stress that we are supporting this legislation because the Caneel Bay resort is 
an exceptional case. In general, where leasing has been determined to be appropriate in a 
national park unit, we support leasing through the usual competitive process, consistent with 
existing law and regulations. 
H.R. 714 requires that the operations and maintenance of the resort be conducted in a manner 
consistent with the preservation and conservation of the resources and values of the park. 
Additionally, the lease authorized by the bill would address the continued protection, 
preservation, and restoration of the property's structures, many of which are more than 50 years 
old, and may be eligible for the National Register of Historic Places. The lease also would 
address the fair market value rent of the property, constraints on development of property during 
the term of the lease, and the ability to transfer the lease in the future. 
The legislation also provides for the rental proceeds to be retained by the Virgin Islands National 
Park and used for visitor services and resource protection. It would require congressional 
notification at least 60 days prior to the effective date of the lease, similar to the requirement for 
large concession contracts. And, it would require the property's conversion to a concession 
operation after the lease expires if the Secretary determines continuation of commercial services 
at the resort to be appropriate. When the current retained use estate was created, there were three 
small properties that are integral to the operation of the Caneel Bay resort that were not included. 
These properties could be acquired by the NPS and included under the terms of the lease that 
would be authorized by H.R. 714. 
We appreciate the many changes that have been made to this legislation since it was first 
introduced in the 110th Congress to help assure that the interests of Virgin Islands National Park, 
and the general public, would be protected if the Caneel Bay resort property is leased on a 
noncompetitive basis. We would like to work with the subcommittee on a few minor changes 
that would further clarify the bill language. 
Mr. Chairman, this concludes my prepared remarks. I would be pleased to answer any questions 
you or other members of the subcommittee may have. 
2 
Background on HR 714, Virgin Islands NP Lease 
H.R. 714, authorizing a lease of the Caneel Bay property at Virgin Islands National Park, was 
introduced by Del. Donna Christiansen (D-VI) in January. The House passed the bill February 
24. No committee action occurred prior to passage. 
This is the second Congress this bill has been considered. From the time it was introduced in the 
110th Congress until the time it was reintroduced and passed in the House this Congress, the 
legislation was amended significantly - first in the House, prior to House passage, and then when 
House and Senate staff met on it after the Senate held a hearing on it. NPS had significant input 
into the amendments. 
The bill provides for a noncompetitive lease for the Caneel Bay resort, which our Commercial 
Services office and Budget offices have concluded is the most beneficial option for NPS, given 
the difficulties presented by the terms of the retained use estate and the importance of this resort 
to the economy of the Virgin Islands. 
While there has been hesitancy/skepticism about the noncompetitive lease idea for Caneel Bay 
from committee staff and within NPS, a lot of the concerns have been worked through. There 
should not be a lot of controversy from this point forward. 
The amendments referred to in the testimony are relatively minor clarifications and are 
noncontroversial. They were given to the Senate committee last year but did not make it into 
H.R. 714. 
Contact: Melissa Kuckro, 208-5682 
Caneel Bay Retained Use Estate / Lease Proposed Questions 
QUESTION 1) What is so special about Caneel Bay that would require us to use a lease 
instead of a concessions contract? 
ANSWER: Caneel Bay is a special situation due to the existence of the Retained Use Estate. In 
1983, Jackson Hole Preserve donated the land at Caneel Bay to the United States Government 
for inclusion within Virgin Islands National Park and reserved the right to continue its operations 
under a retained use estate (RUE). Jackson Hole Preserve did not convey the improvements on 
the land to the United States at that time. The RUE is scheduled to expire on September 30, 
2023. 
The current operator, CBI Acquisition, holds the CUA through 2023 and cannot be required to 
convert to a concession contract nor a lease. CBIA initially approached the NPS requesting a 50-
year extension of the existing RUE in 2005. They stated they needed additional time on the RUE 
in order to make needed improvements to the property and to remain profitable and competitive 
in the local hotel market. Initially, the NPS was opposed to the concept of extending the RUE, 
and opposed to legislation enabling a sole source lease. However, the current operator has stated 
they are not interested in a concession contract and after review of the indenture agreement 
revealed limited operational oversight and control over the size of the resort, as well as 
ambiguous language regarding how the improvements would transfer to the NPS at the end of 
the RUE, the NPS reconsidered its position. 
QUESTION 2) The Caneel Bay property is being run as a private resort. However, it is 
parkland and it does not seem to be great Park Service policy that no requirements have 
been placed on the resort operator to allow the land to be accessed by the public. Can you 
explain why this is so? 
ANSWER: Under the current RUE, the NPS does not have the opportunity to place these types 
of requirements on the operator. It is important to note, however, that the grounds are open to 
the public as is the restaurant and bar facilities. 
QUESTION 3) Who made the determination that a concessions contract would not work 
for the operation at this site? 
ANSWER: No final determination has been made that a concession contract would not work. 
After review of the RUE, and preliminary conversations with the holder of the RUE, the NPS 
concluded that a concession contract is not a viable solution at this time. The existence of a RUE 
provides the operator certain rights that allow them to operate under the agreement until 2023. 
In this regard, they cannot be forced to terminate the RUE and enter into a concession contract. 
Transitioning from a RUE to a lease has benefits currently unavailable to the park: 
• 
fair market value rent 
• 
maintenance standards 
• 
restrictions on expanding the size of the resort 
• 
ensure all property transfers to the Government at the end of the lease at no cost 
An additional factor is that CBI currently owns three parcels of property necessary to the 
operation of the RUE in fee simple ownership, and CIB has indicated a willingness to sell these 
parcels to the United States as part of this transaction. 
QUESTION 4) Why and how is the Caneel Bay site different than similar lodging 
facilities in other parks? 
ANSWER: The site itself is not that different. The existence of the RUE gives the operators 
certain rights that make it different. 
The resort has approximately 450 employees and serves as one of the primary economic engines 
for the U.S. Virgin Islands. 
QUESTION 5) How are other concessioners with similar lodging facilities able to obtain 
financing for their operations and for upkeep of the properties by using concessions 
contracts and why can this concessioner not do the same? 
ANSWER: It is our understanding that financing in the Virgin Islands is considered a higher risk 
than financing similar facilities in the United States, primarily due to the risk factors associated 
with extreme weather. 
QUESTION 6) Can you name any similar lodging operations in other parks that are using 
a lease instead of a concessions contract and how are they similar or different than the 
Caneel Bay operations? 
ANSWER: There are two similar lodging facilities operating under a lease. Both of these 
operations are located in the Pacific West Region: the Argonaut Hotel in the San Francisco 
Maritime National Historic Park, and at Fort Baker in the Golden Gate National Recreation Area. 
Both facilities were historic buildings that were considered excess to park needs, and to preserve 
and restore them, the parks entered into long-term leasing agreements. 
afhr 1oo% h^vi 
L58 (0120) 
The Honorable Daniel K. Akaka 
Chairman, Subcommittee on National Parks 
Committee on Energy and Natural Resources 
United States Senate 
Washington, D.C. 20510 
Dear Mr. Chairman: 
Enclosed are responses to the follow-up questions from the hearing on several bills held 
by the Subcommittee on National Parks on June 17, 2008. These responses have been 
prepared by the National Park Service. 
Thank you for giving us the opportunity to respond to you on these matters. 
Sincerely, 
Jane M. Lyder 
Legislative Counsel 
Office of Legislative and Congressional 
Affairs 
Enclosure 
cc: 
Honorable Richard Burr, Ranking Minority Member 
S:OLCA/reference/Follow up hearing info/110m - 6/17/2008- Diamond Kelly- 8/11/2008 
Questions from Chairman Jeff Bingaman: 
H.R. 1143 - Caneel Bay Resort Lease in Virgin Islands National Park 
Introduction to responses: In order to answer the questions posed by the Committee, we 
are providing some background information regarding the Caneel Bay retained use estate 
(RUE) and actions taken to date by the National Park Service (NPS). 
CBI Acquisitions, LLC (CBI) acquired the RUE from Caneel Bay, Inc. in 2004. In 2005, 
CBI approached the NPS requesting a 50-year extension of the existing RUE. CBI stated 
that they needed additional time on the RUE in order to make needed improvements to 
the property and to remain profitable and competitive in the local hotel market. The NPS 
is opposed to the concept of extending the RUE, and initially proposed the use of a 
concession contract for operations at Caneel Bay. CBI stated that they were not 
interested in a concession contract, but would be interested in a long-term lease. To 
analyze CBFs request and NPS' options, NPS hired a consulting firm, 
PriceWaterhouseCoopers, and their lodging expert, Lodging Investment Advisors (LIA). 
LIA analyzed the main options available to the NPS regarding the RUE, including 
conversion to a concession contract now or at the termination of the RUE, conversion to a 
lease now, and a land exchange coupled with the establishment of a new RUE with CBI. 
LIA also explored a status quo or no-action scenario, as well as demolition of the 
improvements at the end of the RUE. The consultants noted the following: 
• 
Given the Caneel Bay resort's condition and operating constraints, it is likely that 
none of the potential options available to the NPS regarding the RUE would 
create near-term significant financial benefit to the NPS. This is because the 
resort experienced financial difficulties beginning in 1989 and was under bank 
ownership for approximately 15 years. During this period, capital reinvestment in 
the resort was limited and today significant deferred maintenance exists for the 
resort infrastructure. In addition, the resort has very high fixed operating costs, 
limiting profitability. 
• 
There are three parcels of land owned by CBI in fee simple outside of the RUE 
that are important to the resort operations that complicate any resolution of these 
issues. 
• 
The existing RUE does not provide adequate authorization for NPS oversight over 
maintenance and construction within the RUE. 
After reviewing LIA's analysis, and after further conversations with CBI regarding its 
inability to obtain financing, the NPS reexamined its position regarding a lease. The NPS 
also determined that a sole-source lease to CBI would require legislation. 
1. H.R. 1143 provides for a lease for a term not to exceed 40 years. Has the National 
Park Service conducted any analysis to determine what the appropriate length of the lease 
should be? 
Answer: The NPS has conducted an initial analysis. However, the final determination of 
the term would occur as part of any negotiation, and in accordance with the language of 
the statute authorizing the lease. 
2. It's my understanding that a concession contract may not exceed a term of 20 years. 
Have companies providing lodging services in national park system units under 
concession contracts been able to obtain financing for capital improvements? 
Answer: Yes, concessioners have been able to obtain financing. 
3. H.R. 1143 requires the Secretary of the Interior to require appraisals to determine the 
property's fair market value rent, as determined by appraisals. Given the unique nature 
and location of the Caneel Bay property, what do you expect to use as comparable 
properties? 
Answer: We believe there are several similar properties in the Virgin Islands. The 
appraiser would be responsible for determining the comparables. 
4. Section 2(b) of H.R. 1143 requires any lease to include "the property covered by the 
RUE and any associated property owned by CBI donated to the National Park Service." 
What associated property is CBI planning to donate to the Park Service? Does this 
paragraph cover different associated property than that described in paragraph 3(e), 
which requires the lease to take into account the value of any associated property 
transferred by CBI to the National Park Service? 
Answer: We believe that the intent of the legislation is that the term "property covered 
by the RUE" includes the real property improvements constructed on the RUE, and that 
the term "associated property" which may be donated or otherwise conveyed to the NPS 
identifies the three parcels of real property currently held in fee simple ownership by 
CBI. 
5. Section 3 of H.R. 1143 provides that "as a condition of the lease, CBI shall relinquish 
to the Secretary all rights under the RUE and transfer, without compensation, ownership 
of improvements covered by the RUE to the United States." Section 2(c) requires the 
lease to require payment to the United States of the property's fair market value rent, 
taking into account the value of any associated property transferred by CBI..." 
a Does the National Park Service interpret these provisions to require that CBI will 
receive no compensation for any property or improvements covered by the RUE, but will 
receive compensation for any associated property conveyed to the National Park Service? 
Answer: Yes. 
b. Under the terms of the RUE, is CBI entitled to any compensation for any structures or 
improvements covered by the RUE? 
Answer: No. The RUE and related documents provide that the improvements must be 
transferred without compensation by CBI to the NPS at the termination of the RUE. 
6. Please provide a list of the specific properties owned by CBI that would be conveyed 
to the National Park Service as "associated property". 
Answer: CBI owns in fee three parcels that are outside of the RUE: 
• 
Parcel 5 comprises 1.01 acres. There are three houses on the site used for 
executive housing. 
• 
Parcel 12 comprises 1.69 acres. There is an apartment building on the site with 
24 units used for employee housing. 
• 
Parcel 12D comprises 0.31 acres. There is a marina on the site used for ferry 
docking and maintenance, as well as fuel sales, and a support building. 
7. Please provide a copy of the retained use estate referenced in H.R. 1143. 
Answer: We will provide the document to the committee under separate cover. 
8. If Caneel Bay operates under the lease authorized under H.R. 1143, will the resort 
grounds and beaches be limited to use by guests of the resort, or will they be available for 
use by park visitors in general? If the general public (other than resort guests) will not be 
allowed use of the Caneel Bay grounds and beaches, please explain how that restriction is 
in the public interest. 
Answer: The NPS could negotiate public access as part of the lease terms. 
9. Does the National Park Service allow any concession operators of hotels or lodging 
establishments at any other park to preclude public access (other than guests of the lodge) 
to large areas of public parkland? 
Answer: We are not aware of any concessions with such restrictions. 
Questions from Senator Richard Burr: 
10. Sequoia-Kings Canyon Wilderness Designation (S. 1774): 
United States Department of the Interior 
NATIONAL PARK SERVICE 
1849 C Street, N.W. 
Washington, D.C 20240 
IN REPLY REFER TO: 
MAR 1 1 2009 
L58 (0120) 
Memorandum 
To; 
Legislative Counsel 
From: O 
Acting Directorf-^}1UAJ' k J 
\Peok, 
Subject: 
Views on H.R. 714, Virgin Island NP Caneel Bay Resort lease authority 
This memo is in response to a request from the Office of Management and Budget for 
views on H.R. 714 (Donna Christensen, D-VI), to authorize the Secretary of the Interior 
to lease certain lands in Virgin Islands National Park. The bill passed the House on 
February 23,2009 without prior committee action. If this legislation had been the subject 
of a hearing, the National Park Service (NPS) would have recommended that the 
Department testify in support the bill. 
H.R. 714 would allow the NPS to enter into a lease with the current holder of the retained 
use estate (RUE) for the Caneel Bay resort property on the island of St. John, subject to 
certain terms and conditions. The RUE, which dates to 1983 when Laurance S. 
Rockefeller and the Jackson Hole Preserve donated the land at Caneel Bay to the United 
States for inclusion in the Virgin Islands National Park, is scheduled to expire in 2023. 
Enactment of H.R. 714 would enable the holder of the RUE to negotiate a long-term 
lease (up to 40 years) with NPS. 
Although the issuance of a non-competitive lease to a commercial operator within a 
national park unit would not be permitted under current law, the NPS believes that 
issuance of a lease for this particular property merits an exception. NPS has evaluated 
various options for the future use and management of the Caneel Bay property and has 
identified leasing to the current holder of the RUE as the one that would likely provide 
greater advantages to the NPS and to the U.S. Virgin Islands than other options A long-
term lease would allow the leaseholder to secure the necessary financing for needed 
improvements and other operational measures that would help ensure the viability of the 
resort while giving NPS the immediate ability to ensure protection of park resources as 
well as the potential to receive a financial return on the property. Without such a lease, 
the RUE would continue under its current terms until 2023. 
During the 110th Congress, the Department testified in the House and Senate on 
legislation similar to H.R. 714. In both cases the testimony supported the intent of the 
legislation but sought additional terms and conditions for the lease. NPS believes that the 
revised language authorizing the lease contained in H.R. 714 meets our concerns about 
protecting both park resources and the financial interests of the Federal government. 
While there are some relatively minor amendments we would recommend if the 
opportunity presented itself, we do not anticipate any problems implementing the 
legislation if Congress enacts it in its current form. 
H1622 
CONGRESSIONAL RECORD —HOUSE 
February 
23,2009 
Chair's 
prior announcement, 
further 
proceedings on this motion 
will be 
postponed. 
•
The point of no quorum is considered 
withdrawn. 
D 1530 
VIRGIN ISLANDS NATIONAL PARK 
LAND LEASE 
Ms. BORDALLO. Mr. Speaker, I move 
to suspend the rules and pass the bill 
(H.R. 714) to authorize the Secretary of 
the Interior to lease certain lands in 
Virgin Islands National Park, and for 
other purposes. 
The Clerk read the title of the bill. 
The text of the bill is as follows: 
H.R. 714 
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in 
Congress assembled, 
SECTION 1. CANEEL BAT 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 "re-
tained use estate" means the retained use es-
tate for the Caneel Bay property on the is-
land of St. John entered into between the 
Jackson Hole Preserve and the United States 
on September 30,1983. 
(4) 
SECRETARY.—The 
term 
"Secretary" 
means the Secretary of the Interior. 
(b) LEASE AUTHORIZATION.— 
(1) IN GENERAL,.—If the Secretary deter-
mines 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 es-
tate, the Secretary may enter into a lease 
for the operation and management of the re-
sort. 
(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 pro-
vided by this section, a lease shall be in ac-
cordance with subsection (k) of section 3 of 
Public Law 91-383 (16 U.S.C. la-2(k)), not-
withstanding paragraph (2) of that sub-
section. 
(4) TERMS AND CONDITIONS.—A lease author-
ized 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 re-
sort, but in no event shaU 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 lease with prior 
written notification to, and approval by the 
Secretary; 
(C) ensure that the general character of 
the resort property remains unchanged, in-
cluding a prohibition against— 
(i) any increase in the overall size of the 
resort; or 
(ii) any increase in the number of guest ac-
commodations available at the resort; 
•
(D) prohibit the sale of partial ownership 
shares or timeshares in the resort; and 
(B) include any other provisions deter-
mined 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 re-
quired under section 3(k)(4) of Public Law 91-
383 (16 U.S.C. la-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 re-
source protection within the Park. 
(7) CONGRESSIONAL NOTIFICATION.—The Sec-
retary 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 be-
fore the effective date 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 ap-
propriate, 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 a condition of the 
lease, the owner of the retained use estate 
shall terminate, extinguish, and relinquish 
to the Secretary all rights under the re-
tained 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 re-
quire an appraisal by an independent, quali-
fied appraiser that is agreed to by the Sec-
retary and the owner of the retained use es-
tate to determine the value, if any, of the re-
linquished term of the retained use estate. 
(B) REQUIREMENTS.—An appraisal 
under 
paragraph (1) shall be conducted in accord-
ance with— 
(i) the Uniform Appraisal Standards for 
Federal Land Acquisitions; and 
(ii) the Uniform Standards of Professional 
Appraisal Practice. 
The SPEAKER pro tempore. Pursu-
ant to the rule, the gentlewoman from 
Guam (Ms. BORDALLO) and the gen-
tleman from Utah (Mr. BISHOP) each 
will control 20 minutes. 
The 
Chair 
recognizes 
the gentle-
woman from Guam. 
GENERAL LEAVE 
Ms. BORDALLO. Mr. Speaker, I ask 
unanimous consent that all Members 
may have 5 legislative days in which to 
revise and extend their remarks and in-
clude extraneous material on the bill 
under consideration. 
The SPEAKER pro tempore. Is there 
objection to the request of the gentle-
woman from Guam? 
There was no objection. 
Ms. BORDALLO. Mr. Speaker, I yield 
myself such time as I may consume. 
Mr. Speaker, I would like to com-
mend our distinguished colleague from 
the Virgin Islands, a valuable member 
of the Committee 
on Natural Re-
sources, DONNA CHRISTENSEN, for spon-
soring H.R. 714. This legislation would 
authorize the National Park Service to 
continue 
its successful 
relationship 
with Caneel Bay Resort, ensure that 
park resources are protected, and allow 
the resort to undertake needed mainte-
nance and improvement programs that 
will benefit visitors to the Virgin Is-
lands National Park and the Caneel 
Bay Resort well into the future. 
Mr. Speaker, this legislation was ap-
proved by the House in the previous 
Congress, but was not considered in the 
other body. It should be noted, how-
ever, that H.R. 714 includes some tech-
nical changes suggested by our col-
leagues in the Senate after hearings 
were conducted on the bill last year. 
Congresswoman 
CHRISTENSEN 
de-
serves our thanks for her work in en-
suring that visitor services at the Vir-
gin Islands National Park are available 
and that the park's stunning natural 
resources are always protected. 
I urge m y colleagues to support the 
passage of H.R. 714. 
Mr. Speaker, I reserve the balance of 
my time. 
Mr. BISHOP of Utah. Mr. Speaker, I 
yield myself such time as I may con-
sume. 
Mr. Speaker, this bill has been ade-
quately explained by the other side and 
we support this legislation. 
I reserve m y time. 
Ms. BORDALLO. Mr. Speaker, I yield 
such time as she may consume to the 
gentlewoman from the Virgin Islands 
(Mrs. 
CHRISTENSEN), the author of this 
legislation. 
Mrs. 
CHRISTENSEN. Mr. Speaker, I 
thank 
Congresswoman 
BORDALLO for 
those kind words and for yielding me 
time. 
I rise, of course, in strong support of 
H.R. 714, legislation that I introduced 
to authorize the Secretary of the Inte-
rior to enter into a lease with the own-
ers of Caneel Bay Resort in m y con-
gressional district. I want to begin by 
thanking Chairman RAHALL, as well as 
Chairman GRIJALVA, for their strong 
and 
steadfast 
support of this 
bill. 
Chairman GRIJALVA actually traveled 
to m y district to see for himself how 
important the resort is to the island 
and the people of St. John and to meet 
with not only the management, but the 
employees, because it is important to 
the entire Virgin Islands. 
Mr. Speaker, Caneel Bay traces its 
roots to Lawrence Rockefeller's com-
ing to the Island of St. John in 1952. He 
purchased the then-existing resort fa-
cilities and also acquired more than 
5,000 surrounding acres to protect the 
area. In 1956, he donated the additional 
land to create the Virgin Islands Na-
tional Park. A t the same time, he cre-
ated Caneel Bay Resort, comprising 170 
acres, which continues to complement 
and 
be ' environmentally 
consistent 
with the natural beauty of the park's 
setting. 
Mr. Rockefeller subsequently decided 
to transfer the land underlying Caneel 
Bay to the National Park Service while 
retaining the improvements and con-
tinuing the Caneel Bay operations. He 
accomplished this through the execu-
tion of a series of unique agreements 
generally known as a retained use es-
tate, or RUE. 
February 23, 2009 
CONGRESSIONAL RECORD —HOUSE 
H1623 
The bill before us is necessary be-
cause the EUB is slated to expire in 
2023 and its current owners require 
more than the remaining 15 years to 
provide the capital and long-term fi-
nancing necessary to reverse the de-
cline of the facilities over the years 
and to return it to the grandeur and 
stature that it deserves. It has been 
impossible for them to get that financ-
ing with just 15 years remaining in the 
RUE. 
Mr. Speaker, I have spent the last 4 
years meeting with the National Park 
Service officials, representatives of the 
Rockefeller group, and various public 
officials and business partners to work 
out an equitable framework for the 
long-term lease with the National Park 
Service which will ensure the viability 
of the Caneel Bay Resort, the largest 
employer on St. John in the U.S. Vir-
gin Islands. 
In return for a long-term lease need-
ed to ensure the infusion of capital 
funds, the owners have agreed to pay 
consideration to the government based 
on 
independent 
appraisals 
commis-
sioned by the parties, which will in-
clude valuable land and buildings held 
by them outside the park but which are 
necessary for resort operations. No 
consideration is currently being paid to 
the government under the existing re-
tained use estate which expires in 2023. 
Mr. Speaker, Caneel Bay, along with 
virtually every business in the Virgin 
Islands, and I would say across the 
country, has suffered a dramatic de-
cline in revenue and, in our case, fu-
ture bookings. The company is being 
forced to make some very difficult de-
cisions in an attempt to preserve its 
solvency so that it may survive this 
economic 
downturn. 
They are cur-
rently reducing employees' hours, have 
been forced to eliminate some posi-
tions and are laying off employees. 
They are making every effort to mini-
mize losses due to the deepening eco-
nomic recession as well as alleviate the 
impact on our long-term 
employees 
who are also struggling in this eco-
nomic environment. 
The bill was supported by the admin-
istration at hearings both in the House 
and Senate as the best means of con-
clusively addressing this issue. 
In conclusion, Mr. Speaker, I want to 
thank the Natural Resources staff di-
rector, Jim Zoia, and the staff of the 
National 
Parks, 
Forest and Public 
Lands 
Subcommittee, in 
particular 
former staff director Rick Healy and 
current staff director Dave Watkins, 
for their hard work in making it pos-
sible for H.R. 714 to be on the floor 
today. I also want to thank the full 
committee 
ranking 
member, 
Doc 
HASTINGS, and subcommittee ranking 
member, ROB BISHOP, and their staffs 
for their support as well. 
I urge my colleagues to support the 
passage of this bill, which is very im-
portant to the economy of my district 
and the U.S. Virgin Islands. 
Mr. BISHOP Of Utah. Mr. Speaker, I 
yield back the balance of my time. 
Ms. 
BORDALLO. Mr. Speaker, I 
again urge Members to support H.R. 
714, and I yield back the balance of my 
time. 
The SPEAKER pro tempore. The 
question is on the motion offered by 
the 
gentlewoman 
from 
Guam (Ms. 
BORDALLO) that the House suspend the 
rules and pass the bill, H.R. 714. 
The question was taken; and (two-
thirds being in the affirmative) the 
rules were suspended and the bill was 
passed. 
A motion to reconsider was laid on 
the table. 
HONORING APACHE LEADER 
GOYATHLAY 
Ms. BORDALLO. Mr. Speaker, I move 
to suspend the rules and agree to the 
resolution (H. Res. 132) honoring the 
life and memory of the Chiricahua 
Apache leader Goyathlay or Goyaale, 
also known as Geronimo, and recog-
nizing the 100th anniversary of his 
death on February 17, 2009, as a time of 
reflection and the commencement of a 
"Healing" for all Apache people. 
The Clerk read the title of the resolu-
tion. 
The text of the resolution is as fol-
lows: 
H. R E S . 132 
Whereas Goyathlay or Goyaale, called Ge-
ronimo by the soldiers against whom he 
fought, 
was born in June 1829 to the 
Bedonkohe band of the Apache people in No-
Doyohn Canyon on the Gila River, which was 
then part of Mexico; 
Whereas in 1858, Mexican soldiers attacked 
the Bedonkohe 
people within the current 
borders of Mexico, setting in motion a war 
between that nation and the Apache 
that 
would last for three decades; 
Whereas Goyathlay, a spiritual and Intel-
lectual leader, became recognized as a great 
military leader by his people because of his 
courage, determination, and skill; 
Whereas Goyathlay led his people in a war 
of self-defense as their homeland was in-
vaded by the citizens and armies first of 
Mexico, and then of the United States; 
Whereas that homeland was healthy, thriv-
ing, and beautiful with ample running water, 
extensive grasslands, and ancient forests and 
was a place beloved and revered by the 
Apache 
people, who had lived 
there for 
countless generations; 
Whereas 
Goyathlay's 
band, 
along 
with 
other Apache peoples, were forcibly removed 
by the United States Army, interned at San 
Carlos, Arizona, subjugated, and deprived of 
their rights as a free people, including the 
right to practice their traditional 
spiritual 
beliefs and maintain long-standing 
political 
and social structures; 
Whereas Goyathlay led fewer than 150 men, 
women, and children out of captivity and for 
several years evaded 
fighting 
forces 
con-
sisting of one-quarter of the standing United 
States Army, as well as thousands of Mexi-
can soldiers; 
Whereas 
upon 
surrendering 
to 
Unites 
States forces, Goyathlay and his band were 
promised a return to their homeland but 
were instead interned in military prisons in 
Florida and Alabama, far from their home-
land; 
Whereas Goyathlay, promised respect as a 
prisoner of war, was put to hard labor for 
eight years; 
Whereas Goyathlay and other Apache pris-
oners of war were removed to Fort 
Sill, 
Oklahoma, in 1894; 
Whereas after his death on February 17, 
1909, Goyathlay was not granted the prom-
ised return to his homeland but Instead was 
buried in the military cemetery at Fort Sill; 
Whereas 
Goyathlay's 
byname, 
"Geron-
imo", became a war cry uttered by para-
troopers fighting against the totalitarian en-
emies of the United States during World War 
n, a name used with respect and honor for a 
great warrior and leader; 
Whereas to this day, the Apache people 
continue to honor and hold sacred 
what 
Goyathlay represented to a people separated 
and destroyed by historic and disruptive 
United States governmental policies of the 
past; and 
Whereas there still exists a need for spir-
itual healing among Apache people, stem-
ming from the captivity and mistreatment of 
their ancestors under past policies of the 
United States Government, 
that can com-
mence 
by 
honoring 
the 
memory 
of 
Goyathlay and his valiant efforts to preserve 
traditional 
Apache 
ways of life and the 
health of Ni'gosdza'n, the Earth: Now, there-
fore, be it 
Resolved, That the House of Representa-
tives^— 
(1) honors the life of Goyathlay, his ex-
traordinary bravery, and his commitment to 
the defense of his homeland, his people, and 
Apache ways of life; and 
(2) recognizes the 100 anniversary of the 
death of Goyathlay as a time of reflection of 
his deeds on behalf of his people. 
The SPEAKER pro tempore. Pursu-
ant to the rule, the gentlewoman from 
Guam (Ms. BORDALLO) and the gen-
tleman from Utah (Mr. BISHOP) each 
will control 20 minutes. 
The 
Chair 
recognizes the gentle-
woman from Guam. 
GENERAL LEAVE 
Ms. BORDALLO. Mr. Speaker, I ask 
unanimous consent that all Members 
may have 5 legislative days to revise 
and extend their remarks and include 
extraneous material on the resolution 
under consideration. 
The SPEAKER pro tempore. Is there 
objection to the request of the gentle-
woman from Guam? 
There was no objection. 
Ms. BORDALLO. Mr. Speaker, I yield 
myself such time as I may consume. 
Mr. Speaker, House Resolution 132 
honors the life and the memory of the 
great Apache leader known to many of 
us as Geronimo. Last week, February 
17 marked the 100th anniversary of his 
death. 
Geronimo began as the spiritual and 
intellectual leader of his people. Cir-
cumstance, in the manner of attack by 
the armies of first Mexico and then the 
United 
States, 
cultivated his keen 
military skill and determination. 
The story of Geronimo shows us some 
of the paradox that is the United 
States. We hunted this man as a per-
ceived threat to the security of our 
young, developing Nation in the West. 
When he surrendered, we broke prom-
ises and mistreated him, ensuring he 
would never see his homeland again. 
Yet, half a century later, our U.S. 
paratroopers used the name of Geron-
imo as a battle cry against our enemies 
in World War II. Using the name "Ge-
ronimo" was meant to instill fear in 
THE FUTURE OF CANEEL BAY RESORT 
Background 
Caneel Bay Resort was established in 1956 by Laurance S. Rockefeller and Jackson Hole 
Preserve. In 1983, Jackson Hole Preserve donated approximately 150 acres of land at 
Caneel Bay to the United States Government for inclusion within Virgin Islands National 
Park. The hotel operation was permitted to continue under a "Retained Use Estate" 
which is scheduled to terminate no later than September 30, 2023. The Warranty Deed 
presently stipulates that when the Retained Use Estate terminates, the owner of the 
Retained Use Estate will be required to convey the buildings and other improvements to 
the National Park Service (NPS). 
Caneel Bay has been established as a "Rockresort" and caters to an upscale clientele that 
stay an average of 6 nights and 7 days. The resort has a high repeat clientele. The 
amenities and services available at Caneel includes, 166 guest rooms, 3 restaurants, 1 
beach bar, 11 tennis courts, one pool, 7 beaches, a fitness center, and a self centre 
offering yoga, pilates, and 4 massage therapy rooms. In addition to these services, 
Caneel Bay also offers a variety of watersports equipment and activities for their guests' 
use and enjoyment, ranging from sailing to snorkeling. 
The hotel consists of all single rooms, with small seating areas as well as a balcony or 
patio for each room. There are no televisions or telephones in the rooms. Air 
conditioning was recently added to all units. During the peak winter season, rates range 
from $450 upwards to $1,350 per night per room. Summer rates span from $350 to $875 
per room per night based on double occupancy. Rates do not include meals, but does 
include the use of non-motorized watersports equipment e. g. kayaks, windsurfing 
boards, floats, snorkel gear, and sunfish boats. 
The resort employs approximately 425 to 450 employees and serves as one of the primary 
economic engines for the island of St. John and employs a large number of employees 
from St. Thomas. The resort also has a unionized workforce covering the wait staff, 
grounds and maintenance, as well as the housekeeping staff. Caneel Bay currently is an 
Economic Development Center (EDC) beneficiary and receives various tax exemptions 
from the V.I. Government. It is one of two resorts on the island of St. John. 
Options for the future use and management of Caneel Bay Resort 
Option I: Continued private operation of Caneel Bay through an extended retained 
use estate. 
Caneel Bay would continue to operate independently and be eligible for any tax incentive 
benefits from the V.I. government. Its significant contributions to the economy of St. 
John and the Virgin Islands as a whole would remain in tact. Caneel's relationship with 
the Park would continue; it would also continue to maintain the premises in a manner 
consistent with NPS conservation and preservation values. The resort plays an important 
role in the St. John community and partners with several local and government agencies 
to effect positive change. However, the NPS would receive very little economic benefit 
as owner of the property. 
Option II: Operation of Caneel Bay under a Category I Concessions Contract. 
The NPS would maintain operational oversight and ensure contract compliance and 
financial accountability. The possibility exists that Caneel would not be eligible for EDC 
benefits as a concessionaire, making it less lucrative to operate. As a concessions 
operation, the Park would benefit from the collection of a significant amount of franchise 
fees. It is important to note that if Caneel is operated under a concessions contract, the 
Park will be burdened with the payout of possessory interest at the closure of the contract, 
which could possibly amount to millions of dollars. Under this option the Park Service 
concessions staffing levels would have to be increased to oversee an operation of such 
magnitude and complexity. Concessions contracts are generally limited to periods of 10 
years, which may not give the operator reasonable time to make a return on their capital 
investments. Concessions contracts are competitively awarded and current owners may 
not necessarily be awarded the contract. The NPS will also have to conduct a Feasibility 
Study to determine the economic sustainability/viability of such a venture. 
Option III: Operation of Caneel Bay under a Historic Property Lease. 
The NPS would lease the property through a cooperative agreement ensuring the 
continued preservation of the property. The leasee would pay the NPS fair market value 
for the lease taking into consideration the necessary adjustments for the leasee's 
investments. The NPS would not provide any operational oversight of the operation. 
The buildings and structures contained therein would be maintained, repaired, or 
constructed by the leasee, in accordance with NPS standards, policies and guidelines. 
Historic leases are also competitively offered. 
The Historic Leasing option, if applicable, would provide the following to NPS: 
• 
The Park would receive fair market value for this lease with minimal 
impacts to Park operations and concessions staffing. 
• 
The operations, grounds, buildings etc. would be kept in a manner that is 
consistent with NPS conservation and preservation values. 
• 
The operator would be entitled to receive tax incentive packages. 
• 
The leasing option does not have to withstand the scrutiny of a resort 
being considered a "necessary and appropriate" concessions contract. 
• 
The Park will not be liable for a multi-million dollar payout in possessory 
interest once a concessions contract is terminated. 
• 
The precedent for extension of the existing Retained Use Estate would not 
be established. 
• 
Lease and cooperative agreements may extend up to 50 years. 
Finally, it is recommended that the NPS enter into a contract with a consulting firm that 
will fully analyze the various options available for the future operation of Caneel Bay. If 
not, then perhaps a team of NPS subject-matter experts be assembled to analyze and 
study the future use of the resort. Moreover, at some point the DOI's Solicitor's Office 
should be contacted for the purpose of rendering a legal opinion to ensure that the options 
would be consistent with the terms and conditions of the warranty deed. 
United States Department of the Interior 
OFFICE OF THE SECRETARY 
Washington, D.C. 20240 
AU6 2 42G09 
L58 (0120) 
BY SPECIAL MESSENGER 
The Honorable Jeff Bingaman 
Chairman 
Committee on Energy and Natural Resources 
United States Senate 
Washington, D.C. 20510 
Dear Mr. Chairman: 
Enclosed is the transcript of the hearing on several bills relating to the National Park 
Service held on July 15, 2009, before the Subcommittee on National Parks of the Senate 
Committee on Energy and Natural Resources. 
The transcript has been reviewed and corrected by the Department's witness, 
Ms. Katherine H. Stevenson, Acting Deputy Director, Support Services of the National 
Park Service. 
Thank you for the opportunity to review the transcript. 
Enclosure 
Stenographic Transcript 
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Before the 
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SUBCOMMITTEE ON 
N A T I O N A L PARKS 
C O M M I T T E E O N ENERGY & N A T U R A L 
R E S O U R C E S 
UNITED STATES SENATE 
HEARING TO RECEIVE TESTIMONY ON 
S. 227, S. 625, S. 853, S. 1053, S. 1117, S. 1168, 
H.R. 1694, A N D H.R. 714 
Wednesday, July 15, 2009 
Washington, D.C. 
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United States Senate 
COMMITTEE ON 
ENERGY AND NATURAL RESOURCES 
WASHINGTON, DC 20510-6150 
ENEftGY.SENATE.GOV 
July 28, 2009 
^Catherine H. Stevenson 
Acting Deputy Director 
National Park Service 
Department of the Interior 
1849 C Street, N.W. 
Washington, D.C. 20240 
Dear Ms. Stevenson: 
I would like to take this opportunity to thank you for testifying at the July 15, 2009 
Subcommittee on National Parks hearing to consider several bills, including S. 227, to establish the 
Harriet Tubman National Historical Park in Auburn, New York, and the Harriet Tubman Underground 
Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for other 
purposes; S. 625, to authorize the Secretary of the Interior to establish the Waco Mammoth National 
Monument in the State of Texas; S. 853, to designate additional segments and tributaries of White Clay 
Creek, in the States of Delaware and Pennsylvania, as a component of the National Wild and Scenic 
Rivers System; S. 1053, to amend the National Law Enforcement Museum Act to extend the termination 
date; S. 1117, to authorize the Secretary of the Interior to provide assistance in implementing cultural 
heritage, conservation, and recreational activities in the Connecticut River watershed of the States of New 
Hampshire and Vermont; S. 1168 and H.R. 1694, to authorize the acquisition and protection of nationally 
significant battlefields and associated sites of the Revolutionary War and the War of 1812 under the 
American Battlefield Protection Program; and H.R. 714, to authorize the Secretary of the Interior to lease 
certain lands in Virgin Islands National Park, and for other purposes, 
I am enclosing a list of questions which have been submitted for the record. If possible, 
please respond to these questions by Tuesday, August 11,2009. Thank you for your assistance. If 
you have any questions, please have your staff contact David Brooks by phone at (202) 224-9863 or 
by email at david_brooks@energy.senate.gov. 
Sincerely. 
Mark Udall 
Chairman 
Subcommittee on National Parks 
*s Department of the Interior 
NATIONAL PARK SERVICE 
1849 C Street, N.W. 
Washington, D.C. 20240 
MOV o 4 2010 
Memorandum 
Regional Director, Southeast Region 
Associate Director, Business Services 
D i ^ t o f W e b ^ c ^ — -
Activation: P.L. 111-261, Virgin Islands National Park Lease Authority 
On October 8, 2010, President Obama approved H.R. 714, to authorize the Secretary of the 
Interior to lease certain lands in Virgin Islands National Park, and for other purposes, as Public 
Law 111-261. The act authorizes the Secretary to lease the Caneel Bay resort within the park to 
the current owner of the property's reserved use estate, for up to 40 years, if the owner 
relinquishes the reserved use estate. 
Delegate Donna M. Christensen (D-VI) introduced H.R. 714 on January 27, 2009. The House 
passed the bill by voice vote on February 23, 2009. No committee action occurred in the House, 
but during the 110th Congress, the House Natural Resources Committee held a hearing on and 
reported a similar bill, H.R. 1143. 
The Subcommittee on National Parks of the Senate Committee on Energy and Natural Resources 
held a hearing on H.R. 714 on July 15, 2009. On December 16, 2009, the committee approved 
the bill with amendments. The Senate passed the bill, amended, by unanimous consent on May 
13, 2010. The House agreed to the Senate-amended bill on September 28, 2010. 
Summary of Public Law 111-261: 
Section 1 (a) provides definitions used in the act. 
Section 1(b) authorizes the Secretary to enter into a lease with the owner of the retained use 
estate for operation of the Caneel Bay resort, if the Secretary determines that the long-term 
benefit to Virgin Islands National Park would be greater than by authorizing a concession 
contract upon termination of the retained use estate. This subsection also allows the Secretary to 
acquire associated property from the owner of the resort. It specifies certain terms and 
conditions for the lease including a limit of 40 years, a prohibition on changing the size of the 
resort, and a requirement to include provisions to ensure the protection of the natural, cultural, 
and historic features of the resort. It provides for proceeds from the lease to be used for visitor 
services and resource protection within the park. It also provides for the conversion to a 
concession contract at the end of the lease if the Secretary determines that a continuation of 
commercial services at the property is appropriate. 
United State 
IN REPLY REFER TO-
To: 
From: 
Subject: 
Section 1(c) requires the owner of the retained use estate, as a condition of the lease, to terminate 
all rights of the retained use estate and transfer ownership of the improvements on the property to 
the National Park Service. It also provides for the Secretary and the owner of the retained used 
estate to agree on the appraiser used to value the property. 
Responsibility: 
Regional Director, Southeast Region 
Associate Director, Business Services 
Attachments: 
P.L. 111-261 
Congressional Record: February 23, 2009, House passage 
Senate Report 111-146 
Congressional Record: May 13, 2010, Senate passage 
Congressional Record: September 28, 2010, House passage of Senate-amended bill 
AUTHENTICATED 
US GOVERNMENT 
INFORMATION 
GPO 
$ 
PUBLIC LAW 111-261—OCT. 8, 2010 
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 
Oct. 8, 2010 
National Park, and for other purposes. 
[HR 714] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress 
assembled, 
SECTION 1. CANEEL BAY LEASE AUTHORIZATION. 
16 USC 398d 
(a) DEFINITIONS.—In this section: 
no ' 
(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 sec-
tion, a lease shall be in accordance with subsection (k) of 
section 3 of Public Law 91-383 (16 U.S.C. la-2(k)), notwith-
standing 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 
124 STAT. 2778 
PUBLIC LAW 111-261—OCT. 8, 2010 
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 accom-
modations 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. la-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 protec-
tion within the Park. 
Deadline. 
(7) CONGRESSIONAL NOTIFICATION.—The Secretary shall 
submit a proposed lease under this section to the Committee 
on Energy and Natural Resources of the Senate and the Com-
mittee 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 continu-
ation 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 U S E ESTATE.— 
Transfer 
(1) IN GENERAL.—As a condition of the lease, the owner 
authority. 
0f 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. 
PUBLIC LAW 111-261—OCT. 8, 2010 
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. 
o 
H 1 6 2 2 
CONGRESSIONAL RECORD —HOUSE 
February 23, 2009 
Chair's 
prior 
a n n o u n c e m e n t , 
further 
proceedings on this 
m o t i o n 
will be 
postponed. 
The point of n o q u o r u m is considered 
withdrawn. 
D 1530 
VIRGIN ISLANDS NATIONAL PARK 
LAND LEASE 
Ms. BORDALLO. Mr. Speaker, I move 
t o suspend the rules and pass t h e bill 
(H.R. 714) t o authorize t h e S e c r e t a r y of 
t h e Interior t o lease c e r t a i n lands i n 
Virgin Islands National P a r k , a n d for 
o t h e r purposes. 
The Clerk read t h e title of the bill. 
The t e x t of t h e bill Is as follows: 
H.R. 714 
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in 
Congress assembled, 
SECTION 1. 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 "re-
tained use estate" means the retained use es-
tate for the Caneel Bay property on the Is-
land of St. John entered Into between the 
Jackson Hole Preserve and the United States 
on September 30,1983. 
(4) 
SECRETARY.—The 
term 
"Secretary" 
means the Secretary of the Interior. 
(b) LEASE AUTHORIZATION.— 
(1) IN GENERAL.—If the Secretary deter-
mines 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 es-
tate, the Secretary may enter into a lease 
for the operation and management of the re-
sort. 
(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 pro-
vided by this section, a lease shall be in ac-
cordance with subsection (k) of section 3 of 
Public Law 91-383 (16 U.S.C. Ia-2(k)), not-
withstanding paragraph (2) of that 
sub-
section. 
(4) TERMS AND CONDITIONS.—A lease author-
ized 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 re-
sort, 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 lease with prior 
written notification to, and approval by the 
Secretary; 
(C) ensure that the general character of 
the resort property remains unchanged, in-
cluding a prohibition against— 
(I) any increase in the overall size of the 
resort; or 
(II) any increase in the number of guest ac-
commodations available at the resort; 
(D) prohibit the sale of partial ownership 
shares or timeshares in the resort; and 
(E) Include any other provisions deter-
mined 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 re-
quired under section 3(k)(4) of Public Law 91-
383 (16 U.S.C. la-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 re-
source protection within the Park. 
(7) CONGRESSIONAL NOTIFICATION.—The Sec-
retary 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 be-
fore the effective date 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 ap-
propriate, 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 a condition of the 
lease, the owner of the retained use estate 
shall terminate, extinguish, and relinquish 
to the Secretary all rights under the re-
tained 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 re-
quire an appraisal by an Independent, quali-
fied appraiser that is agreed to by the Sec-
retary and the owner of the retained use es-
tate to determine the value, if any, of the re-
linquished term of the retained use estate. 
(B) REQUIREMENTS.—An appraisal 
under 
paragraph (1) shall be conducted in accord-
ance with— 
(i) the Uniform Appraisal Standards for 
Federal Land Acquisitions; and 
(li) the Uniform Standards of Professional 
Appraisal Practice. 
T h e SPEAKER pro tempore. Pursu-
a n t t o t h e rule, the gentlewoman from 
G u a m (Ms. BORDALLO) a n d t h e gen-
t l e m a n from U t a h (Mr. B I S H O P ) each 
will control 20 minutes. 
T h e 
Chair 
recognizes 
t h e gentle-
w o m a n from Guam. 
GENERAL LEAVE 
Ms. BORDALLO. Mr. Speaker, I a s k 
u n a n i m o u s consent t h a t all Members 
m a y have 5 legislative days in which t o 
revise a n d extend their r e m a r k s and in-
clude extraneous m a t e r i a l on t h e bill 
under consideration. 
T h e SPEAKER pro tempore. Is there 
objection t o t h e request of t h e gentle-
w o m a n from Guam? 
T h e r e was no objection. 
Ms. BORDALLO. Mr. Speaker, I yield 
myself such t i m e as I m a y consume. 
Mr. Speaker, I would like to com-
m e n d our distinguished colleague from 
t h e Virgin Islands, a valuable m e m b e r 
of t h e Committee 
on N a t u r a l R e -
sources, DONNA CHRISTENSEN, for spon-
soring H.R. 714. This legislation would 
authorize t h e National P a r k Service t o 
continue 
its successful 
relationship 
with Caneel Bay Resort, ensure 
t h a t 
p a r k resources a r e protected, a n d allow 
t h e resort t o u n d e r t a k e needed m a i n t e -
n a n c e and improvement programs t h a t 
will benefit visitors to t h e Virgin Is-
l a n d s National P a r k a n d t h e Caneel 
Bay Resort well into the future. 
Mr. Speaker, this legislation was a p -
proved by t h e House in t h e previous 
Congress, b u t was n o t considered in t h e 
o t h e r body. I t should be noted, how-
ever, t h a t H.R. 714 includes some tech-
nical changes suggested by o u r col-
leagues in t h e Senate after 
h e a r i n g s 
were conducted on t h e bill last year. 
Congresswoman 
CHRISTENSEN 
de-
serves our t h a n k s for her work in en-
suring t h a t visitor services a t t h e Vir-
gin Islands National P a r k a r e available 
and t h a t t h e park's stunning 
n a t u r a l 
resources are always protected. 
I urge m y colleagues to support t h e 
passage of H.R. 714. 
Mr. Speaker, I reserve the balance of 
m y t i m e . 
Mr. BISHOP of Utah. Mr. Speaker, I 
yield myself such t i m e a s I m a y con-
sume. 
Mr. Speaker, this bill h a s been ade-
quately explained by the other side a n d 
we support this legislation. 
I reserve m y time. 
Ms. BORDALLO. Mr. Speaker, I yield 
such time as she m a y consume to t h e 
gentlewoman from t h e Virgin Islands 
(Mrs. 
CHRISTENSEN), the a u t h o r of t h i s 
legislation. 
Mrs. CHRISTENSEN. Mr. Speaker, I 
t h a n k 
Congresswoman 
BORDALLO for 
those kind words and for yielding m e 
t i m e . 
I rise, of course, in strong support of 
H.R. 714, legislation t h a t I introduced 
to authorize t h e Secretary of t h e Inte-
rior t o enter into a lease with t h e own-
ers of Caneel Bay Resort in m y con-
gressional district. I w a n t t o begin by 
t h a n k i n g Chairman RAHALL, a s well a s 
C h a i r m a n 
GRIJALVA, for their 
strong 
and 
steadfast 
support 
of this 
bill. 
C h a i r m a n GRIJALVA actually 
traveled 
t o m y district t o see for himself how 
i m p o r t a n t t h e resort is t o t h e island 
and t h e people of St. J o h n and t o m e e t 
with n o t only t h e management, b u t t h e 
employees, because i t is i m p o r t a n t t o 
t h e entire Virgin Islands. 
Mr. Speaker, Caneel Bay traces i t s 
r o o t s t o Lawrence Rockefeller's com-
ing t o t h e Island of St. J o h n in 1952. He 
purchased t h e then-existing resort fa-
cilities and also acquired more 
t h a n 
5,000 surrounding acres to protect t h e 
area. I n 1956, h e donated t h e additional 
land t o create t h e Virgin Islands Na-
tional P a r k . A t t h e same time, he cre-
ated Caneel Bay Resort, comprising 170 
acres, which continues to complement 
and 
be 
environmentally 
consistent 
with t h e n a t u r a l beauty of t h e p a r k ' s 
setting. 
Mr. Rockefeller subsequently decided 
to transfer t h e land underlying Caneel 
Bay t o t h e National P a r k Service while 
r e t a i n i n g t h e improvements a n d con-
tinuing the Caneel Bay operations. He 
accomplished t h i s through t h e execu-
tion of a series of unique agreements 
generally known as a retained use es-
t a t e , or RUE. 
February 23,2009 
CONGRESSIONAL RECORD —HOUSE 
H1623 
The bill before us is necessary be-
cause the RUE is slated to expire in 
2023 and its current owners require 
more than the remaining 15 years to 
provide the capital and long-term fi-
nancing necessary to reverse the de-
cline of the facilities over the years 
and to return it to the grandeur and 
stature that it deserves. It has been 
impossible for them to get that financ-
ing with just 15 years remaining in the 
RUE. 
Mr. Speaker, I have spent the last 4 
years meeting with the National Park 
Service officials, representatives of the 
Rockefeller group, and various public 
officials and business partners to work 
out an equitable framework for the 
long-term lease with the National Park 
Service which will ensure the viability 
of the Caneel Bay Resort, the largest 
employer on St. John in the U.S. Vir-
gin Islands. 
In return for a long-term lease need-
ed to ensure the infusion of capital 
funds, the owners have agreed to pay 
consideration to the government based 
on 
independent 
appraisals 
commis-
sioned by the parties, which will in-
clude valuable land and buildings held 
by them outside the park but which are 
necessary for resort operations. No 
consideration is currently being paid to 
the government under the existing re-
tained use estate which expires in 2023. 
Mr. Speaker, Caneel Bay, along with 
virtually every business in the Virgin 
Islands, and I would say across the 
country, has suffered a dramatic de-
cline in revenue and, in our case, fu-
ture bookings. The company is being 
forced to make some very difficult de-
cisions in an attempt to preserve its 
solvency so that it may survive this 
economic downturn. 
They are cur-
rently reducing employees' hours, have 
been forced to eliminate some posi-
tions and are laying off employees. 
They are making every effort to mini-
mize losses due to the deepening eco-
nomic recession as well as alleviate the 
impact on our long-term 
employees 
who are also struggling in this eco-
nomic environment. 
The bill was supported by the admin-
istration at hearings both in the House 
and Senate as the best means of con-
clusively addressing this issue. 
In conclusion, Mr. Speaker, I want to 
thank the Natural Resources staff di-
rector, Jim Zoia, and the staff of the 
National 
Parks, Forest and Public 
Lands 
Subcommittee, 
in 
particular 
former staff director Rick Healy and 
current staff director Dave Watkins, 
for their hard work in making it pos-
sible for H.R. 714 to be on the floor 
today. I also want to thank the full 
committee 
ranking 
member, 
Doc 
HASTINGS, and subcommittee ranking 
member, ROB BISHOP, and their staffs 
for their support as well. 
I urge my colleagues to support the 
passage of this bill, which is very im-
portant to the economy of my district 
and the U.S. Virgin Islands. 
Mr. BISHOP Of Utah. Mr. Speaker, I 
yield back the balance of my time. 
Ms. 
BORDALLO. Mr. Speaker, I 
again urge Members to support H.R. 
714, and I yield back the balance of my 
time. 
The 
SPEAKER pro tempore. The 
question is on the motion offered by 
the 
gentlewoman 
from 
Guam (Ms. 
BORDALLO) that the House suspend the 
rules and pass the bill, H.R. 714. 
The question was taken; and (two-
thirds being in the affirmative) the 
rules were suspended and the bill was 
passed. 
A motion to reconsider was laid on 
the table. 
HONORING APACHE LEADER 
GOYATHLAY 
Ms. BORDALLO. Mr. Speaker, I move 
to suspend the rules and agree to the 
resolution (H. Res. 132) honoring the 
life and memory of the Chiricahua 
Apache leader Goyathlay or Goyaale, 
also known as Geronimo, and recog-
nizing the 100th anniversary of his 
death on February 17, 2009, as a time of 
reflection and the commencement of a 
"Healing" for all Apache people. 
The Clerk read the title of the resolu-
tion. 
The text of the resolution is as fol-
lows: 
H. RES. 132 
Whereas Goyathlay or Goyaale, called Ge-
ronimo by the soldiers against whom he 
fought, 
was born in June 
1829 to the 
Bedonkohe band of the Apache people in No-
Doyohn Canyon on the Gila River, which was 
then part of Mexico; 
Whereas in 1858, Mexican soldiers attacked 
the Bedonkohe 
people within the current 
borders of Mexico, setting in motion a war 
between that nation and the Apache 
that 
would last for three decades; 
Whereas Goyathlay, a spiritual and intel-
lectual leader, became recognized as a great 
military leader by his people because of his 
courage, determination, and skill; 
Whereas Goyathlay led his people in a war 
of self-defense as their homeland was in-
vaded by the citizens and armies first of 
Mexico, and then of the United States; 
Whereas that homeland was healthy, thriv-
ing, and beautiful with ample running water, 
extensive grasslands, and ancient forests and 
was a place beloved and revered by the 
Apache 
people, who had lived 
there for 
countless generations; 
Whereas 
Goyathlay's 
band, 
along 
with 
other Apache peoples, were forcibly removed 
by the United States Army, interned at San 
Carlos, Arizona, subjugated, and deprived of 
their rights as a free people, including the 
right to practice their traditional 
spiritual 
beliefs and maintain long-standing 
political 
and social structures; 
Whereas Goyathlay led fewer than 160 men, 
women, and children out of captivity and for 
several years evaded fighting 
forces 
con-
sisting of one-quarter of the standing United 
States Army, as well as thousands of Mexi-
can soldiers; 
Whereas 
upon 
surrendering 
to 
Unites 
States forces, Goyathlay and his band were 
promised a return to their homeland but 
were instead interned in military prisons in 
Florida and Alabama, far from their home-
land; 
Whereas Goyathlay, promised respect as a 
prisoner of war, was put to hard labor for 
eight years; 
Whereas Goyathlay and other Apache pris-
oners of war were removed to Fort 
Sill, 
Oklahoma, in 1894; 
Whereas after his death on February 17, 
1909, Goyathlay was not granted the prom-
• ised return to his homeland but instead was 
buried in the military cemetery at Fort Sill; 
Whereas 
Goyathlay's 
byname, 
"Geron-
imo", became a war cry uttered by para-
troopers fighting against the totalitarian en-
emies of the United States during World War 
II, a name used with respect and honor for a 
great warrior and leader; 
Whereas to this day, the Apache 
people 
continue to honor and hold sacred 
what 
Goyathlay represented to a people separated 
and destroyed by historic and disruptive 
United States governmental policies of the 
past; and 
Whereas there still exists a need for spir-
itual healing among Apache people, 
stem-
ming from the captivity and mistreatment of 
their ancestors under past policies of the 
United States Government, that can com-
mence 
by 
honoring 
the 
memory 
of 
Goyathlay and his valiant efforts to preserve 
traditional 
Apache 
ways of life and the 
health of Ni'gosdza'n, the Earth: Now, there-
fore, be it 
Resolved, That the House of Representa-
tives— 
(1) honors the life of Goyathlay, his ex-
traordinary bravery, and his commitment to 
the defense of his homeland, his people, and 
Apache ways of life; and 
(2) recognizes the 100 anniversary of the 
death of Goyathlay as a time of reflection of 
his deeds on behalf of his people. 
The SPEAKER pro tempore. Pursu-
ant to the rule, the gentlewoman from 
Guam (Ms. BORDALLO) and the gen-
tleman from Utah (Mr. BISHOP) each 
will control 20 minutes. 
The 
Chair recognizes the gentle-
woman from Guam. 
GENERAL LEAVE 
Ms. BORDALLO. Mr. Speaker, I ask 
unanimous consent that all Members 
may have 5 legislative days to revise 
and extend their remarks and include 
extraneous material on the resolution 
under consideration. 
The SPEAKER pro tempore. Is there 
objection to the request of the gentle-
woman from Guam? 
There was no objection. 
Ms. BORDALLO. Mr. Speaker, I yield 
myself such time as I may consume. 
Mr. Speaker, House Resolution 132 
honors the life and the memory of the 
great Apache leader known to many of 
us as Geronimo. Last week, February 
17 marked the 100th anniversary of his 
death. 
Geronimo began as the spiritual and 
intellectual leader of his people. Cir-
cumstance, in the manner of attack by 
the armies of first Mexico and then the 
United 
States, 
cultivated his keen 
military skill and determination. 
The story of Geronimo shows us some 
of the paradox that is the United 
States. We hunted this man as a per-
ceived threat to the security of our 
young, developing Nation in the West. 
When he surrendered, we broke prom-
ises and mistreated him, ensuring he 
would never see his homeland again. 
Yet, half a century later, our U.S. 
paratroopers used the name of Geron-
imo as a battle cry against our enemies 
in World War II. Using the name "Ge-
ronimo" was meant to instill fear in 
Calendar No. 296 
111TH CONGRESS 1 
J 
REPORT 
2d Session 
} 
SENATE 
| 
111-146 
VIRGIN ISLANDS NATIONAL PARK 
MARCH 2, 2010.—Ordered to be printed 
Mr. BINGAMAN, from the Committee on Energy and Natural 
Resources, submitted the following 
R E P O R T 
[To accompany H.R. 714] 
The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 714) to authorize the Secretary of the Inte-
rior to lease certain lands in Virgin Islands National Park, and for 
other purposes, having considered the same, reports favorably 
thereon with amendments and recommends that the Act, as 
amended, do pass. 
The amendments are as follows: 
1. On page 2, line 12, insert "(as amended, assigned, and as-
sumed)" before the period. 
2. On page 2, line 21, insert "with the owner of the retained use 
estate" before "for". 
3. On page 3, line 19, strike "with" and insert "without". 
4. On page 4, line 5, strike "and". 
5. On page 4, between lines 5 and 6, insert the following: 
(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 Serv-
ice; and 
6. On page 4, line 6, strike "(E)" and insert "(F)". 
7. On page 5, line 3, strike "effective date" and insert "award". 
8. On page 5, line 24, strike "that" and insert "who". 
PURPOSE 
The purpose of H.R. 714 is to authorize the Secretary of the Inte-
rior to lease the Caneel Bay resort in Virgin Islands National Park. 
89-010 
2 
BACKGROUND AND NEED 
The Caneel Bay resort is located on a 170-acre peninsula within 
Virgin Islands National Park, on the island of St. John. The resort 
was established in 1956 by Laurance Rockefeller and the Jackson 
Hole Preserve, a non-profit organization supported by the Rocke-
feller family. The Jackson Hole Preserve also purchased and do-
nated most of the land that is now included within the park, al-
though initially, the Caneel Bay parcel was not included within the 
park. 
In 1983, the Jackson Hole Preserve donated the land at Caneel 
Bay to the Federal Government for inclusion in the park; however, 
it created a retained use estate and reserved the right to continue 
the resort operations through 2023. Under the terms of the re-
served use estate, once it expires in 2023 the owner of the estate 
must cease operations and donate the buildings and other property 
covered by the retained use estate to the National Park Service. 
In 2004, Jackson Hole Preserve sold the retained use estate to 
CBI Acquisition LLC, which now operates the Caneel Bay resort. 
CBI has a management contract with Rosewood Hotels & Resorts 
to provide the day-to-day operation of the resort. 
H.R. 714 authorizes the Secretary of the Interior to enter into a 
non-competitive lease with the owner of the retained use estate for 
a term of up to 40 years, to provide for the continued operation and 
management of the Caneel Bay resort, if the Secretary determines 
that the lease will provide a greater long-term benefit to the park 
than allowing the retained use estate to expire. 
LEGISLATIVE HISTORY 
H.R. 714, sponsored by Delegate Christensen, passed the House 
of Representatives by a voice vote on February 23, 2009. During 
the 110th Congress, the Committee considered similar legislation, 
H.R. 1143. The Subcommittee on National Parks of the Senate En-
ergy and Natural Resources Committee held a hearing on that bill 
on June 17, 2008 (S. Hrg. 110-539), although no further action was 
taken. 
The Subcommittee on National Parks held a hearing on H.R. 714 
on July 15, 2009. (S. Hrg. 111-92). At its business meeting on De-
cember 16, 2009, the Committee on Energy and Natural Resources 
ordered H.R. 714 favorably reported with amendments. 
COMMITTEE RECOMMENDATION 
The Committee on Energy and Natural Resources, in open busi-
ness session on December 16, 2009, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 714, if amended as 
described herein. 
COMMITTEE AMENDMENTS 
During its consideration of H.R. 714, the Committee adopted 8 
amendments which reflect the recommendations made by the Na-
tional Park Service at the subcommittee hearing. Amendment #5 
adds a requirement that any lease entered into under this Act in-
clude provisions to ensure the protection of the natural, cultural, 
and historic features of the Caneel Bay resort and associated prop-
erty, consistent with the laws and policies applicable to National 
3 
Park System lands. The other seven amendments make technical, 
clarifying, or conforming changes. 
SECTION-BY-SECTION ANALYSIS 
Section 1(a) defines key terms used in the bill. 
Subsection (b) authorizes the Secretary of the Interior to enter 
into a lease with the owner of the retained use estate for a period 
not to exceed 40 years, to provide for the continued management 
and operation of the Caneel Bay resort in Virgin Islands National 
Park, if the Secretary determines that the long-term benefit to the 
park would be greater by entering into the lease rather than allow-
ing the retained use estate to expire and subsequently issuing a 
concessions contract. 
A lease entered into under the authority of this Act must comply 
with the terms and conditions specified in paragraph (b)(4), includ-
ing that the lease be for the minimum number of years practicable; 
that the lease prohibit any transfer of the lease to another party 
without the written approval of the Secretary of the Interior; that 
the general character of the resort property remain unchanged, 
with no increase in the overall size of the resort or the number of 
guest accommodations; that the lease prohibit the sale of partial 
ownership shares or timeshares; that the lease include provisions 
to ensure the protection of the natural, cultural, and historic fea-
tures of the resort, consistent with National Park System laws; and 
that the lease include any other terms and conditions the Secretary 
determines necessary to protect Virgin Islands National Park and 
the public interest. 
Subsection (c) requires the owner of the retained use estate, as 
a condition of the lease, to extinguish and relinquish to the Sec-
retary of the Interior all rights under the retained use estate, and 
to transfer, without consideration, ownership of improvements on 
the retained use estate to the National Park Service. 
COST AND BUDGETARY CONSIDERATIONS 
The following estimate of costs of this measure has been provided 
by the Congressional Budget Office: 
H.R. 714—An act to authorize the Secretary of the Interior to lease 
certain lands in Virgin Islands National 
Park 
H.R. 714 would authorize the National Park Service (NPS) to 
execute a lease with property owners at Caneel Bay on St. John 
in the Virgin Islands. Based on information provided by the NPS, 
CBO estimates that implementing the legislation would have no ef-
fect on discretionary spending. Enacting the legislation would in-
crease both offsetting receipts (from lease payments) and direct 
spending of those receipts beginning in fiscal year 2010, but CBO 
estimates that any net effect on the federal budget would be neg-
ligible. Enacting H.R. 714 would not affect revenues. 
The legislation contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal governments. 
Under the lease authorized by H.R. 714, the owners of the 
Caneel Bay Resort would continue to operate the facility, which is 
located within the boundary of the Virgin Islands National Park, 
for up to 40 years. The resort is currently operated under a re-
4 
tained use estate (RUE) that will expire at the end of fiscal year 
2023. The RUE was granted by the original owners of the resort 
when they donated the land under that facility to the NPS in 1983. 
The original RUE agreement did not provide for any lease pay-
ments to the federal government; the lease authorized by H.R. 714 
would both require such payments and authorize the NPS to use 
the proceeds without further appropriation for visitor services and 
other park expenses. 
The CBO staff contact for this estimate is Deborah Reis. The es-
timate was approved by Theresa GuUo, Deputy Assistant Director 
for Budget Analysis. 
REGULATORY IMPACT EVALUATION 
In compliance with paragraph 11(b) of rule XXVI of the Standing 
Rules of the Senate, the Committee makes the following evaluation 
of the regulatory impact which would be incurred in carrying out 
H.R. 714. 
The Act is not a regulatory measure in the sense of imposing 
Government-established standards or significant economic respon-
sibilities on private individuals and businesses. 
No personal information would be collected in administering the 
program. Therefore, there would be no impact on personal privacy. 
Little, if any, additional paperwork would result from the enact-
ment of H.R. 714, as ordered reported. 
CONGRESSIONALLY DIRECTED SPENDING 
H.R. 714, as reported, does not contain any congressionally di-
rected spending items, limited tax benefits, or limited tariff bene-
fits as defined in rule XLIV of the Standing Rules of the Senate. 
EXECUTIVE COMMUNICATIONS 
The testimony provided by the National Park Service at the July 
15, 2009, Subcommittee hearing on H.R. 714 follows: 
STATEMENT OF KATHERINE H. STEVENSON, ACTING DEPUTY 
DIRECTOR, SUPPORT SERVICES, NATIONAL PARK SERVICE, 
DEPARTMENT OF THE INTERIOR 
Mr. Chairman, thank you for the opportunity to provide 
the Department of the Interior's views on H.R. 714, a bill 
to authorize the Secretary of the Interior to lease certain 
lands in Virgin Islands National Park, and for other pur-
poses. 
The Department supports H.R. 714, with some minor 
amendments. 
This legislation would allow the Secretary of the Interior 
to enter into a lease with the current holder of a retained 
use estate for property at Caneel Bay within Virgin Is-
lands National Park after the termination of the retained 
use estate and donation of all improvements to the Na-
tional Park Service (NPS). The Caneel Bay resort is one of 
two large resorts on the island of St. John. Located on a 
150-acre peninsula on the northwest side of the island, 
this luxury resort has approximately 425 to 450 employees 
and serves as one of the primary economic engines for the 
5 
U.S. Virgin Islands. A large number of employees travel 
daily to St. John from their residences on neighboring St. 
Thomas. The resort is also an Economic Development Cen-
ter beneficiary and, as such, receives various tax exemp-
tions from the Government of the Virgin Islands. 
Laurance Rockefeller established the Caneel Bay resort 
in 1956. In 1983, Jackson Hole Preserve, a Rockefeller cor-
poration, donated the land at Caneel Bay to the United 
States Government for inclusion within Virgin Islands Na-
tional Park and reserved to itself the right to continue its 
operations for 40 years under a retained use estate. Jack-
son Hole Preserve did not convey the improvements on the 
land to the United States at that time. The retained use 
estate will expire on September 30, 2023. The warranty 
deed stipulates that when the retained use estate termi-
nates, the owner of the retained use estate must donate 
the buildings and other improvements to the NPS. 
Enactment of H.R. 714 would allow the current holder 
of the retained use estate to negotiate a long-term lease, 
up to 40 years, with the NPS that could extend the Caneel 
Bay Resort operation well beyond the year 2023. Such an 
extension could allow the leaseholder to secure financing 
to undertake capital improvements that would most likely 
not be possible financially under the remaining term of the 
current retained use estate. 
The NPS has evaluated various options for the future 
use and management of the Caneel Bay property. Based 
upon a value analysis, we believe that the continued fu-
ture operation of Caneel Bay as a resort under a lease 
would provide the greatest advantage to the NPS and the 
U.S. Virgin Islands. A lease could provide economic and 
administrative benefits to the NPS and the lessee that are 
not available or not as viable as under a retained use es-
tate or a concession contract, two of the other options that 
were examined. 
Legislation is necessary because the NPS does not have 
the authority to enter into a noncompetitive lease under 
existing regulations (36 CFR § 18, Leasing of Properties in 
Park Areas). The only exceptions to competitive leasing 
under the regulations are for leases to nonprofit organiza-
tions or units of government, and for leases of duration of 
60 days or less. 
We would like to stress that we are supporting this leg-
islation because the Caneel Bay resort is an exceptional 
case. In general, where leasing has been determined to be 
appropriate in a national park unit, we support leasing 
through the usual competitive process, consistent with ex-
isting law and regulations. 
H.R. 714 requires that the operations and maintenance 
of the resort be conducted in a manner consistent with the 
preservation and conservation of the resources and values 
of the park. Additionally, the lease authorized by the bill 
would address the continued protection, preservation, and 
restoration of the property's structures, many of which are 
more than 50 years old, and may be eligible for the Na-
6 
tional Register of Historic Places. The lease also would ad-
dress the fair market value rent of the property, con-
straints on development of property during the term of the 
lease, and the ability to transfer the lease in the future. 
The legislation also provides for the rental proceeds to 
be retained by the Virgin Islands National Park and used 
for visitor services and resource protection. It would re-
quire congressional notification at least 60 days prior to 
the effective date of the lease, similar to the requirement 
for large concession contracts. And, it would require the 
property's conversion to a concession operation after the 
lease expires if the Secretary determines continuation of 
commercial services at the resort to be appropriate. When 
the current retained use estate was created, there were 
three small properties that are integral to the operation of 
the Caneel Bay resort that were not included. These prop-
erties could be acquired by the NPS and included under 
the terms of the lease that would be authorized by H.R. 
714. 
We appreciate the many changes that have been made 
to this legislation since it was first introduced in the 110th 
Congress to help assure that the interests of Virgin Is-
lands National Park, and the general public, would be pro-
tected if the Caneel Bay resort property is leased on a non-
competitive basis. We would like to work with the sub-
committee on a few minor changes that would further clar-
ify the bill language. 
Mr. Chairman, this concludes my prepared remarks. I 
would be pleased to answer any questions you or other 
members of the subcommittee may have. 
CHANGES IN EXISTING LAW 
In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee notes that no changes in exist-
ing law are made by H.R. 714 as ordered reported. 
O 
May 13, 2010 
CONGRESSIONAL RECORD — SEN ATE 
S3761 
and that, prior to destruction of unclaimed 
possessions, a reasonable attempt will be 
made to notify the family of each passenger 
within 60 days of any planned destruction 
date.". 
(b) 
FAMILY 
ASSISTANCE IN COMMERCIAL, 
AVIATION ACCIDENTS INVOLVING FOREIGN CAR-
RIERS.—Section 41313(c)(7) of title 49, United 
States Code, Is amended by striking "acci-
dent." and Inserting "accident and that, 
prior to destruction of unclaimed posses-
sions, a reasonable attempt will be made to 
notify the family of each passenger within 60 
days of any planned destruction date.". 
SEC. 6. ACCIDENT-BELATED INFORMATION RE-
LEASE POLICY REPORT. 
Within 180 days after the date of enact-
ment of this Act, the National Transpor-
tation Safety Board shall submit to the Sen-
ate Committee on Commerce, Science, and 
Transportation and the House of Representa-
tives Committee on Transportation and In-
frastructure a report describing the policies, 
procedures, and guidelines used by the Board 
in the expedited release of factual accident-
related information to victims and their 
families, Federal, State, and local accident 
investigators and agencies, private or third 
party investigation partners, the public, and 
other stakeholders. 
SA 4039. Mr. DORGAN (for Mr. DODD 
(for 
himself 
a n d 
Mr. 
R O C K E F E L L E R ) ) 
proposed a n a m e n d m e n t t o t h e bill S. 
2768, to a m e n d t i t l e 49, U n i t e d 
S t a t e s 
Code, to authorize appropriations for 
t h e 
National 
T r a n s p o r t a t i o n 
Safety 
Board for fiscal y e a r s 2011 a n d 2012, a n d 
for other purposes; a s follows: 
Amend the title so as to read "A Bill To 
amend title 49, United States Code, to au-
thorize 
appropriations for the National 
Transportation Safety Board for fiscal years 
2011 and 2012, and for other purposes." 
SA 4040. Mrs. McCASKILL (for her-
self and Mr. G R A S S L E Y ) s u b m i t t e d a n 
a m e n d m e n t intended t o be proposed b y 
h e r to t h e bill S. 3217, t o p r o m o t e t h e 
financial stability of t h e U n i t e d S t a t e s 
by improving a c c o u n t a b i l i t y a n d t r a n s -
parency i n the financial s y s t e m , to e n d 
" t o o big t o fail", t o p r o t e c t t h e A m e r -
ican taxpayer by ending bailouts, t o 
protect consumers from abusive finan-
cial services practices, a n d for o t h e r 
purposes; which w a s ordered t o lie on 
t h e table; as follows: 
At the end of subtitle A of title I, insert 
the following: 
SEC. 122. ADDITIONAL OVERSIGHT OF FINANCIAL 
REGULATORY SYSTEM. 
(a) COUNCIL OP INSPECTORS GENERAL ON F I -
NANCIAL OVERSIGHT.— 
(1) 
ESTABLISHMENT 
AND MEMBERSHIP.— 
There is established a Council of Inspectors 
General on Financial Oversight (in this sec-
tion referred to as the "Council of Inspectors 
General") chaired by the Inspector General 
of the Department of the Treasury and com-
posed of the inspectors general of the fol-
lowing: 
(A) The Board of Governors of the Federal 
Reserve System. 
(B) The Commodity Futures Trading Com-
mission. 
(C) The Department of Housing and Urban 
Development. 
(D) The Department of the Treasury. 
(E) The Federal Deposit Insurance Cor-
poration. 
(F) The Federal Housing Finance Agency. 
(G) The National Credit Union Administra-
tion. 
(H) The Securities and Exchange Commis-
sion. 
(1) The Troubled Asset Relief 
Program 
(until the termination of the authority of 
the Special Inspector General for such pro-
gram under section 121(k) of the Emergency 
Economic Stabilization Act of 2008 (12 U.S.C. 
5231(k))). 
(2) DUTIES.— 
(A) MEETINGS.—The Council of Inspectors 
General shall meet not less than once each 
quarter, or more frequently If the chair con-
siders it appropriate, to facilitate the shar-
ing of information among inspectors general 
and to discuss the ongoing work of each In-
spector general who is a member of the 
Council of Inspectors General, with a focus 
on concerns that may apply to the broader 
financial sector and ways to improve finan-
cial oversight. 
(B) ANNUAL REPORT.—Each year the Coun-
cil of Inspectors General shall submit to the 
Council and to Congress a report including— 
(i) for each inspector general who is a 
member of the Council of Inspectors General, 
a section within the exclusive editorial con-
trol of such inspector general that highlights 
the concerns and recommendations of such 
Inspector general in such inspector general's 
ongoing and completed work, with a focus on 
issues that may apply to the broader finan-
cial sector; and 
(ii) a summary of the general observations 
of the Council of Inspectors General based on 
the views expressed by each inspector gen-
eral as required by clause (i), with a focus on 
measures that should be taken to improve fi-
nancial oversight. 
(3) WORKING GROUPS TO EVALUATE COUN-
CIL.— 
(A) 
CONVENING A WORKING 
GROUP.—The 
Council of Inspectors General may, by ma-
jority vote, convene a Council of Inspectors 
General Working Group to evaluate the ef-
fectiveness and internal operations of the 
Council. 
(B) PERSONNEL AND RESOURCES.—The in-
spectors general who are members of the 
Council of Inspectors General may detail 
staff and resources to a Council of Inspectors 
General Working Group established under 
this paragraph to enable it to carry out its 
duties. 
(C) REPORTS.—A Council of Inspectors Gen-
eral Working Group established under this 
paragraph shall submit regular reports to 
the Council and to Congress on its evalua-
tions pursuant to this paragraph. 
(b) RESPONSE TO REPORT BY COUNCIL.—The 
Council shall respond to the concerns raised 
in the report of the Council of Inspectors 
General under subsection (a)(2)(B) for such 
year. 
SA 4041. Mr. R E E D 
s u b m i t t e d a n 
a m e n d m e n t intended to be proposed t o 
a m e n d m e n t SA 3739 proposed by Mr. 
R E I D (for Mr. 
D O D D (for himself 
a n d 
Mrs. 
LINCOLN)) t o t h e bill S. 3217, t o 
promote the financial stability of t h e 
United S t a t e s by improving 
account-
ability and transparency in t h e finan-
cial system, t o end " t o o big t o fail", t o 
p r o t e c t t h e American t a x p a y e r by end-
ing 
bailouts, 
t o p r o t e c t 
consumers 
from abusive financial services prac-
tices, and for other purposes; 
which 
was ordered to lie on t h e table; a s fol-
lows: 
On page 392, between lines 22 and 23, insert 
the following: 
"(G) to coordinate with other Federal 
agencies (including the Federal Emergency 
Management 
Agency), 
States 
(including 
State insurance regulators), and insurance 
companies efforts to facilitate the timely 
processing of flood insurance claims by in-
surance companies and agents 
(including 
through recommending best practices such 
as telephone hotlines for victims or deploy-
ment of personnel of the Office to flood 
areas) in any area for which the President 
declares a major disaster under section 401 of 
the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170) re-
lating to flooding; and 
AUTHORITY FOR COMMITTEES T O 
M E E T 
COMMITTEE ON ARMED SERVICES 
Mr. REID. Mr. President, I a s k u n a n -
i m o u s consent t h a t t h e C o m m i t t e e on 
Armed Services be authorized t o m e e t 
during t h e session of t h e S e n a t e on 
May 13, 2010, a t 2:30 p.m. 
T h e PRESIDING OFFICER. W i t h o u t 
objection, i t is so ordered. 
COMMITTEE ON FINANCE 
Mr. REID. Mr. President, I a s k u n a n -
i m o u s consent t h a t t h e C o m m i t t e e on 
Finance be authorized to m e e t during 
the session of t h e S e n a t e on May 13, 
2010, a t 10 a.m., in r o o m 215 of the Dirk-
sen Senate Office Building. 
The PRESIDING OFFICER. Without 
objection, i t is so ordered. 
COMMITTEE ON INDIAN AFFAIRS 
Mr. REID. Mr. President, I a s k u n a n -
i m o u s consent t h a t t h e C o m m i t t e e on 
Indian Affairs be authorized to m e e t 
during t h e session of t h e S e n a t e on 
May 13, 2010, a t 9:30 a.m. i n r o o m 628 of 
the Dirksen Senate Office Building. 
The PRESIDING OFFICER. W i t h o u t 
objection, i t is so ordered. 
COMMITTEE ON THE JUDICIARY 
Mr. REID. Mr. President, I a s k u n a n -
imous consent t h a t t h e C o m m i t t e e on 
J u d i c i a r y be authorized t o m e e t during 
the session of t h e Senate on May 13, 
2010, a t 10 a.m., in SD-226 of t h e Dirk-
sen S e n a t e Office Building, t o conduct 
an executive business meeting. 
The PRESIDING OFFICER. Without 
objection, i t is so ordered. 
COMMITTEE ON THE JUDICIARY 
Mr. REID. Mr. President, I a s k u n a n -
imous consent t h a t t h e C o m m i t t e e on 
t h e J u d i c i a r y be authorized t o m e e t 
during t h e session of t h e Senate, on 
May 13, 2010, a t 2:30 p.m., in room S D -
226 of t h e Dirksen S e n a t e Office Build-
ing, 
t o conduct a 
hearing 
entitled 
" N o m i n a t i o n s . " 
The PRESIDING OFFICER. Without 
objection, i t is so ordered. 
SELECT COMMITTEE ON INTELLIGENCE 
Mr. REID. Mr. President, I a s k u n a n -
imous consent t h a t t h e C o m m i t t e e o n 
Intelligence be authorized t o m e e t dur-
ing t h e session of t h e S e n a t e on M a y 
13, 2010, a t 2:30 p.m. 
The PRESIDING OFFICER. W i t h o u t 
objection, i t is so ordered. 
VIRGIN ISLAND NATIONAL PARK 
LEASE ACT 
Mr. DODD. Mr. President, I ask unan-
imous consent t h a t t h e S e n a t e proceed 
to t h e i m m e d i a t e consideration of Cal-
endar No. 296, H.R. 714, t h e Virgin Is-
lands National P a r k . 
T h e 
PRESIDING 
OFFICER. 
T h e 
clerk will report t h e bill by t i t l e . 
S3762 
CONGRESSIONAL RECORD — SENATE 
May 13, 2010 
The assistant legislative clerk read 
as follows: 
A bill (H R 714) to authorize the Secretary 
of the Interior to lease certain lands in Vir-
gin Islands National Park, and for other pur-
poses 
There being no objection, the Senate 
proceeded to consider the bill, which 
had been reported from the Committee 
on Energy and Natural Resources, with 
amendments, as follows 
(The parts of the bill intended to be 
stricken are shown in boldface brack-
ets and the parts of the bill intended to 
be inserted are shown in italics ) 
H R 714 
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in 
Congress assembled, 
SECTION 1 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 "re-
tained use estate" means the retained use es-
tate for the Caneel Bay property on the is-
land 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 deter-
mines 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 es-
tate, 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 pro-
vided by this section, a lease shall be in ac-
cordance with subsection (k) of section 3 of 
Public Law 91-383 (16 U S C la~2(k)), not-
withstanding paragraph (2) of that 
sub-
section 
(4) TERMS AND CONDITIONS —A lease author-
ized 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 re-
sort, 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 lease Lwith] with-
out prior written notification to, and ap-
proval by the Secretary, 
(C) ensure that the general character of 
the resort property remains unchanged, in-
cluding a prohibition against— 
(l) any increase in the overall size of the 
resort, or 
(li) any Increase in the number of guest ac-
commodations available at the resort, 
(D) prohibit the sale of partial ownership 
shares or timeshares In the resort, [and] 
(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 prop-
erty managed by the National Park Service, and 
[(E)J(F) Include any other provisions de-
termined 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 re-
quired under section 3(k)(4) of Public Law 91-
383 (16 U S C la-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 Umted States under a lease shall be 
available to the Secretary, without further 
appropriation, for visitor services and re-
source protection within the Park 
(7) CONGRESSIONAL NOTIFICATION —The Sec-
retary 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 be-
fore the [effective date] 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 ap-
propriate 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 a condition of the 
lease, the owner of the retained use estate 
shall terminate, extinguish, and relinquish 
to the Secretary all rights under the re-
tained 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 re-
quire an appraisal by an independent, quali-
fied appraiser Tthatl 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 
(B) 
REQUIREMENTS —An appraisal 
under 
paragraph (1) shall be conducted In accord-
ance with— 
(i) the Uniform Appraisal Standards for 
Federal Land Acquisitions, and 
(n) the Uniform Standards of Professional 
Appraisal Practice 
Mr DODD Mr President, I ask unan-
imous consent that the committee-re-
ported amendments be considered and 
agreed to, the bill, as amended, be read 
three times, passed, and the motions to 
reconsider be laid upon the table en 
bloc, and that any statements relating 
to the bill be printed in the RECORD 
The PRESIDING OFFICER Without 
objection, it is so ordered 
The 
committee amendments 
were 
agreed to 
The amendments were ordered to be 
engrossed and the bill to be read a 
third time 
The bill (H R 714), as amended, was 
read the third time and passed 
LAW 
ENFORCEMENT 
OFFICERS 
SAFETY 
ACT 
IMPROVEMENTS 
ACT OF 2010 
Mr DODD Mr President, I ask unan-
imous consent that the Senate proceed 
to the immediate consideration of Cal-
endar No 315, S 1132 
The 
PRESIDING 
OFFICER 
The 
clerk will report the bill by title 
The assistant legislative clerk read 
as follows 
A bill (S 1132) to amend title 18, United 
States Code, to Improve the provisions relat-
ing to the carrying of concealed weapons by 
law enforcement officers, and for other pur-
poses 
There being no objection, the Senate 
proceeded to consider the bill, which 
had been reported from the Committee 
on the Judiciary, with an amendment 
to strike all after the enacting clause 
and insert in lieu thereof the following 
SECTION l SHORT TITLE 
This Act may be cited as the "Law Enforce-
ment Officers Safety Act Improvements Act of 
2010" 
SEC 2 AMENDMENTS TO LAW ENFORCEMENT OF 
FICER SAFETY PROVISIONS OF TITLE 
18 
(a) IN GENERAL—Section 
926B of title 18, 
United States Code, is amended— 
(1) in subsection (c)(3), by inserting 
"which 
could result in suspension or loss of police pow-
ers" after "agency', and 
(2) by adding at the end the following 
"(f) For the purposes of this section, a law en-
forcement officer of the Amtrak Police Depart-
ment, a law enforcement officer of the Federal 
Reserve, or a law enforcement or police officer 
of the executive branch of the Federal Govern-
ment qualifies as an employee of a governmental 
agency who is authorized by law to engage m or 
supervise the prevention, detection, 
investiga-
tion, or prosecution of, or the incarceration of 
any person for, any violation of law, and has 
statutory powers of arrest " 
(b) ACTIVE LAW ENFORCEMENT 
OFFICERS — 
Section 926B of title IS, United States Code is 
amended by striking subsection (e) and inserting 
the following 
"(e) As used in this section, the term 'fire-
arm'— 
"(1) except as provided in this subsection, has 
the same meaning as m section 921 of this title, 
"(2) includes ammunition not expressly pro-
hibited by Federal law or subject to the provi-
sions of the National Firearms Act, and 
' '(3) does not include— 
"(A) any machinegun (as defined in section 
5845 of the National Firearms Act), 
"(B) any firearm silencer (as defined in sec-
tion 921 of this title), and 
"(C) any destructive device (as defined in sec-
tion 921 of this title) " 
(c) RETIRED LAW ENFORCEMENT OFFICERS — 
Section 926C of title 18 United States Code is 
amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking "retired" and inserting "sepa-
rated from service', and 
(a) by striking " other than for reasons of 
mental 
instability', 
(B) in paragraph (2), by striking 
"retirement" 
and inserting 
"separation", 
(C) in paragraph (3)— 
(i) in subparagraph (A), by striking 
"retire-
ment, was regularly employed as a law enforce-
ment officer for an aggregate of 15 years or 
more" and inserting "separation, served as a 
law enforcement officer for an aggregate of 10 
years or more", and 
(u) in subparagraph (B), by striking "retired" 
and inserting 
"separated", 
(D) by striking paragraph (4) and inserting 
the following 
"(4) during the most recent 12-month period, 
has met, at the expense of the individual, the 
standards for qualification m firearms training 
for active law enforcement officers, as deter-
mined by the former agency of the individual, 
the State in which the individual resides or, if 
the State has not established such standards, ei-
ther a law enforcement agency within the State 
m which the individual resides or the standards 
H7008 
CO 
4 billion 
kilowatt hours of hydro-
electric power each year, for the next 
50 years. I would want to reiterate our 
support for the enactment of this im-
portant legislation. 
Mr. Speaker, I ask my colleagues to 
support the passage of this bipartisan 
resolution. Hoover Dam is truly a mar-
vel of engineering, of technology and 
human endeavor. And tomorrow this 
reenactment of its 75-year dedication 
will take place in Las Vegas. 
Mr. Speaker, I reserve the balance of 
my time. 
D 1250 
Mr. HASTINGS of Washington. I 
yield myself such time as I may con-
sume. 
Mr. Speaker, generations ago water 
and power visionaries came up with the 
idea of making the West bloom by har-
nessing our rivers. The Hoover Dam is 
a legendary example of that vision. 
When completed in 1935, it was the 
tallest dam and the largest hydro-
electric generator in the world. It lit-
erally helped create cities in the arid 
West and to this day, as my friend from 
California pointed out, still provides 
numerous benefits: emissions-free hy-
dropower, 
drinking 
and 
irrigation 
water, and recreation and flood con-
trol. 
This bipartisan resolution is a fitting 
honor to the Hoover Dam and to those 
who had the foresight to create one of 
the world's best-known 
engineering 
marvels. 
Mr. Speaker, I yield back the balance 
of my time. 
Mrs. 
NAPOLITANO. Mr. Speaker, 
very, very swiftly and quickly, before I 
yield back the balance of my time, I 
thank my staff and the minority staff 
on this beautiful resolution that is 
going to commemorate some magnifi-
cent 
achievements 
by the 
United 
States to really promote what we now 
know as the Southwest. 
I yield back the balance of my time. 
The SPEAKER pro tempore. The 
question is on the motion offered by 
the gentlewoman from California (Mrs. 
NAPOLITANO) that the House suspend 
the rules and agree to the resolution, 
H. Res. 1636. 
The question was taken; and (two-
thirds being in the affirmative) the 
rules were suspended and the resolu-
tion was agreed to. 
A motion to reconsider was laid on 
the table. 
VIRGIN ISLANDS NATIONAL PARK 
LAND LEASE 
Mrs. CHRISTENSEN. Mr. Speaker, I 
move to suspend the rules and concur 
in the Senate amendments to the bill 
(H.R. 714) to authorize the Secretary of 
the Interior to lease certain lands in 
Virgin Islands National Park, and for 
other purposes. 
The Clerk read the title of the bill. 
The text of the Senate amendments 
is as follows: 
Senate amendments: 
SIGRESSIONAL RECORD —HOI 
On page 2, line 12 before the period insert: 
"as amended, assigned, and assumed". 
On page 2, line 21 after "lease" Insert: 
"with the owner of the retained use estate". 
On page 3, line 19, strike "with" and insert: 
"without". 
On page 4, line 5, strike "and" and insert: 
"(B) include provisions to ensure the pro-
tection of the natural, cultural, and historic 
features of the resort and associated prop-
erty, consistent with the laws and policies 
applicable to property managed by the Na-
tional Park Service; and". 
On page 4, line 6, strike "(E)" and insert: 
"(F)". 
On page 5, line 3, strike "effective date" 
and insert: "award". 
On page 5, line 24, strike "that" and insert: 
"who". 
The SPEAKER pro tempore. Pursu-
ant to the rule, the gentlewoman from 
the Virgin Islands (Mrs. CHRISTENSEN) 
and the gentleman from Washington 
(Mr. HASTINGS) each will control 20 
minutes. 
The 
Chair 
recognizes the gentle-
woman from the Virgin Islands. 
GENERAL, LEAVE 
Mrs. CHRISTENSEN. I ask unani-
mous consent that all Members may 
have 5 legislative days within which to 
revise and extend their remarks and in-
clude extraneous material on the bill 
under consideration. 
The SPEAKER pro tempore. Is there 
objection to the request of the gentle-
woman from the Virgin Islands? 
There was no objection. 
Mrs. CHRISTENSEN. Mr. Speaker, I 
yield myself such time as I may con-
sume. 
Mr. Speaker, I rise in strong support 
of H.R. 417, legislation that I intro-
duced to authorize the Secretary of the 
Interior to enter into a lease with the 
owners of Caneel Bay Resort in my 
congressional district. 
I have a longer statement which I 
will submit for the RECORD, but I want 
to begin by thanking Natural Re-
sources Committee Chairman NICK RA-
HALL 
and 
Subcommittee 
Chairman 
RAUL GRIJALVA for their strong and 
steadfast support of this bill. I also 
want 
to 
thank 
Ranking 
Member 
HASTINGS and Subcommittee Ranking 
Member BISHOP for their support as 
well. 
Mr. Speaker, H.R. 714 passed the 
House in February of 2009 and was ap-
proved by the other body, with an 
amendment, on May 14 of this year. We 
have been working to secure the enact-
ment of this or a similar bill for more 
than 4 years, which will mean that the 
largest employer on the island of St. 
John in my district will be able to 
make badly needed upgrades to its fa-
cilities and keep operating and save 
jobs of over 400 employees during these 
challenging economic times. 
In conclusion, Mr. Speaker, I want to 
thank the Natural Resources 
Com-
mittee Chief of Staff Jim Zoia, Chief 
Counsel 
Rick 
Healy, and National 
Parks, Forest and Public Land Sub-
committee Staff Director David Wat-
kins for all their hard work and assist-
ance on this bill. H.R. 714 is an example 
of an effective public-private partner-
SE 
September 28, 2010 
ship, and I urge my colleagues to sup-
port its adoption. 
I reserve the balance of my time. 
Mr. HASTINGS of Washington. Mr. 
Speaker, H.R. 714 has been adequately 
explained by the gentlelady from the 
Virgin Islands, and we have no objec-
tions at all to this legislation. 
I yield back the balance of my time. 
Mrs. CHRISTENSEN. Mr. Speaker, I 
yield back the balance of my time. 
The 
SPEAKER pro tempore. The 
question is on the motion offered by 
the gentlewoman from the Virgin Is-
lands 
(Mrs. 
CHRISTENSEN) 
that 
the 
House suspend the rules and concur in 
the Senate amendments to the bill, 
H.R. 714. 
The question was taken; and (two-
thirds being in the affirmative) the 
rules were suspended and the Senate 
amendments were concurred in. 
A motion to reconsider was laid on 
the table. 
HOUSING, EMPLOYMENT, AND LIV-
ING PROGRAMS FOR VETERANS 
ACT OF 2010 
Mr. FILNER. Mr. Speaker, I move to 
suspend the rules and pass the bill 
(H.R. 5360) to amend title 38, United 
States Code, to modify the standard of 
visual acuity required for eligibility 
for specially adapted housing assist-
ance provided by the Secretary of Vet-
erans Affairs, as amended. 
The Clerk read the title of the bill. 
The text of the bill is as follows: 
H.R. 5360 
Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in 
Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as 
the "Housing, Employment, and Living Pro-
grams for Veterans Act of 2010" or the 
"HELP Veterans Act of 2010". 
(b) TABLE OF CONTENTS.—The table of con-
tents for this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States 
Code. 
Sec. 3. Modification of standard of visual 
acuity required for eligibility 
for specially adapted housing 
assistance provided by the Sec-
retary of Veterans Affairs. 
Sec. 4. Authorities regarding housing loans 
guaranteed by the Department 
of Veterans Affairs. 
Sec. 5. Reauthorization and improvement of 
Department of Veterans Affairs 
small business loan program. 
Sec. 6. Assistance for flight training. 
Sec. 7. Seven-year increase in amount of as-
sistance for individuals pur-
suing apprenticeships or on-job 
training. 
Sec. 8. Extension of authority for certain 
qualifying work-study activi-
ties for purposes of the edu-
cational assistance programs of 
the Department of Veterans Af-
fairs. 
Sec. 9. Expansion of work-study allowance 
to include certain outreach 
services 
conducted 
through 
congressional offices. 
Sec. 10. Temporary reduction of required 
amount of wages for on-the-job 
training programs. 
United States Department of the Interior 
NATIONAL PARK SERVICE 
1849 C Street, N.W. 
Washington, D.C. 20240 
IN REPLY REFER TO: 
MAR 
1 1 2 0 C 
L58 (0120) 
Memorandum 
To; 
Legislative Counsel 
From: 0 
Acting Directo 
Subject: 
Views on H.R. 714, Virgin Island NP Caneel Bay Resort lease authority 
This memo is in response to a request from the Office of Management and Budget for 
views on H.R. 714 (Donna Christensen, D-VI), to authorize the Secretary of the Interior 
to lease certain lands in Virgin Islands National Park. The bill passed the House on 
February 23,2009 without prior committee action. If this legislation had been the subject 
of a hearing, the National Park Service (NPS) would have recommended that the 
Department testify in support the bill. 
H.R. 714 would allow the NPS to enter into a lease with the current holder of the retained 
use estate (RUE) for the Caneel Bay resort property on the island of St. John, subject to 
certain terms and conditions. The RUE, which dates to 1983 when Laurance S. 
Rockefeller and the Jackson Hole Preserve donated the land at Caneel Bay to the United 
States for inclusion in the Virgin Islands National Park, is scheduled to expire in 2023. 
Enactment of H.R. 714 would enable the holder of the RUE to negotiate a long-term 
lease (up to 40 years) with NPS. 
Although the issuance of a non-competitive lease to a commercial operator within a 
national park unit would not be permitted under current law, the NPS believes that 
issuance of a lease for this particular property merits an exception. NPS has evaluated 
various options for the future use and management of the Caneel Bay property and has 
identified leasing to the current holder of the RUE as the one that would likely provide 
greater advantages to the NPS and to the U.S. Virgin Islands than other options A long-
term lease would allow the leaseholder to secure the necessary financing for needed 
improvements and other operational measures that would help ensure the viability of the 
resort while giving NPS the immediate ability to ensure protection of park resources as 
well as the potential to receive a financial return on the property. Without such a lease, 
the RUE would continue under its current terms until 2023. 
During the 110th Congress, the Department testified in the House and Senate on 
legislation similar to H.R. 714. In both cases the testimony supported the intent of the 
legislation but sought additional terms and conditions for the lease. NPS believes that the 
revised language authorizing the lease contained in H.R. 714 meets our concerns about 
protecting both park resources and the financial interests of the Federal government. 
While there are some relatively minor amendments we would recommend if the 
opportunity presented itself, we do not anticipate any problems implementing the 
legislation if Congress enacts it in its current form.