[House Report 110-399]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-399
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VIRGIN ISLANDS NATIONAL PARK SCHOOL LEASE ACT
_______
October 22, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 53]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 53) to authorize the Secretary of the Interior
to enter into a long-term lease with the Government of the
United States Virgin Islands to provide land on the island of
Saint John, Virgin Islands, for the establishment of a school,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virgin Islands National Park School
Lease Act''.
SEC. 2. LONG-TERM LEASE, VIRGIN ISLANDS NATIONAL PARK, SAINT JOHN,
VIRGIN ISLANDS.
(a) Lease Authorized.--The Secretary of the Interior may lease to the
Government of the United States Virgin Islands a parcel of real
property, including any improvements thereon, located within the
boundaries of Virgin Islands National Park on the island of Saint John,
Virgin Islands, as depicted on the map entitled ``Virgin Islands
National Park School Exchange'', numbered 161/80,037, and dated
September 19, 2007, for the purpose of providing a suitable location
for the establishment of a school by the Government of the United
States Virgin Islands on the island.
(b) Term of Lease.--The lease authorized by subsection (a) may not
exceed a term of 99 years.
(c) Availability of Map.--The map referred to in subsection (a) shall
be on file and available for public inspection in the appropriate
offices of the National Park Service.
(d) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the lease under this
section as the Secretary considers appropriate to protect the interests
of the United States.
PURPOSE OF THE BILL
The purpose of H.R. 53 is to authorize the Secretary of the
Interior to enter into a long-term lease with the Government of
the United States Virgin Islands (USVI) to provide land on the
island of Saint John, Virgin Islands, for the establishment of
a school, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 53 would authorize the Secretary to lease to the
Government of the United States Virgin Islands (USVI) real
property on the island of Saint John, including any
improvements, for the purposes of constructing a public school
complex. The property that has been tentatively identified for
lease is a 10-acre plot that is part of Estate Catherineberg, a
historic sugar plantation located near the center of the
island.
Virgin Islands National Park was authorized by Congress in
1956 and established largely by an initial land donation from
Laurance Rockefeller through the Jackson Hole Preserve,
Incorporated. Congress enlarged the park in 1962 by adding
5,650 acres of submerged lands along the north and south coasts
of St. John. In 1978, Congress added approximately 135 acres at
Hassel Island in St. Thomas Harbor to the park. The park
protects Caribbean forests, coral gardens, beaches, and
historic ruins and currently owns 12,917 acres of land and
water within its 14,689-acre boundary.
For at least the past three decades, the government of the
USVI and the National Park Service have been discussing the
question of securing suitable land on the island of St. John to
construct a public school. Since the 1970's, school enrollment
on St. John has more than doubled and the USVI government has
no more land on the island to either expand either of the two
existing public schools or to build a new one. The island of
St. John is only 28 square miles, two thirds which comprises
the Virgin Islands National Park. Without utilizing National
Park Service land, there is no other suitable property to build
a school on St. John. The two existing public schools--Julius
E. Sprauve (K-9) and Guy H. Benjamin Elementary (K-5)--on St.
John only accommodate children up to the 9th grade. ``St.
Johnian'' high school children must travel to St. Thomas twenty
minutes by ferry, over Open Ocean, to complete their secondary
education.
USVI Congressional Delegate Christensen has for several
Congresses introduced legislation to provide for a ``land-
exchange'' between the National Park Service and the USVI
Government to build a school in a safer location. In recent
years, because of the size of the NPS' holdings on the island,
public support has shifted away from an exchange to some other
mechanism for securing land for a school, such as a long-term
lease, which H.R. 53 would accomplish.
COMMITTEE ACTION
H.R. 53 was introduced on January 4, 2007, by Delegate
Donna Christensen (D-VI). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Insular Affairs. On September 20, 2007, the
Subcommittee met to mark up the bill. It was forwarded to the
Full Committee, without amendment, by voice vote. On October
10, 2007 the Full Natural Resources Committee met to consider
the bill. The bill was ordered favorably reported to the House
of Representatives by voice vote with an amendment offered by
Mrs. Christensen.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the
``Virgin Islands National Park School Lease Act.''
Section 2. Long-term lease, Virgin Islands National Park, Saint John,
Virgin Islands
Section 2(a) lease authorized--Provides for the Secretary
of the Interior to lease certain property within the boundaries
of the Virgin Islands National Park on St. John as depicted on
the map entitled ``Virgin Islands Park School Exchange,'' for
the establishment of a school by the Government of the Virgin
Islands.
Section 2(b) term of lease--States that the lease
authorized by subsection may not exceed 99 years.
Section 3(c) availability of map--Provides for the map
referenced in subsection (a) to be available for public
inspection.
Section 2(d) additional terms and conditions--States that
the Secretary may require additional terms and conditions in
connection with the lease that he considers appropriate.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General performance goals and objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to enter into a long-term lease with the Government of
the United States Virgin Islands (USVI) to provide land on the
island of Saint John, Virgin Islands, for the establishment of
a school.
4. Congressional Budget Office cost estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 53--Virgin Islands National Park School Lease Act
CBO estimates that enacting this legislation would have no
significant impact on the federal budget. H.R. 53 would
authorize the Department of the Interior (DOI) to enter into a
99-year lease with the Government of the Virgin Islands (U.S.
Virgin Islands) to provide about 10 acres of land in the Virgin
Islands National Park for the construction of a school. Leasing
the property to the U.S. Virgin Islands would result in the
collection of a negligible amount of offsetting receipts, which
would be offset by an equal amount of spending by DOI.
H.R. 53 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
Enacting the bill would benefit the U.S. Virgin Islands, and
any costs incurred by that government would be incurred
voluntarily.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 53 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or (f) of rule XXI.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.