Home > 108th Congressional Bills > S. 2671 (is) To extend temporary State fiscal relief, and for other purposes. [Introduced in Senate] ...S. 2671 (is) To extend temporary State fiscal relief, and for other purposes. [Introduced in Senate] ...
108th CONGRESS
2d Session
S. 2670
To provide for the continued operation of the Yacht Basin Marina,
Montana, to allocate recreation fees collected at the Canyon Ferry Unit
of the Pick-Sloan Missouri River Basin Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2004
Mr. Baucus introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the continued operation of the Yacht Basin Marina,
Montana, to allocate recreation fees collected at the Canyon Ferry Unit
of the Pick-Sloan Missouri River Basin Program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canyon Ferry Yacht Basin Marina
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Concessionaire.--The term ``concessionaire'' means the
person or entity that, in accordance with the lease numbered 5-
LM-60-L3279, has the right to operate a public serve concession
in the Yacht Basin Concession Area located in the SW \1/4\ sec.
10, T. 10 N., R. 1. W., Montana Principal Meridian.
(2) Marina.--The term ``Marina'' means the Yacht Basin
Marina located in the State of Montana on the Canyon Ferry Unit
of the Pick-Sloan Missouri River Basin Program.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
SEC. 3. YACHT BASIN MARINA.
(a) In General.--The Secretary shall--
(1) provide for the continued operation of the Marina; or
(2) maintain a marina at Yacht Basin that provides at least
as many services and facilities as are available at the Marina
on the date of enactment of this Act.
(b) Lease.--
(1) In general.--The lease described in section 2(1) shall
be extended for an additional 10-year period beginning on the
date of enactment of this Act.
(2) Terms.--
(A) In general.--Except as provided under
subparagraph (B), the terms of the lease extended under
paragraph (1) shall be the same as the terms of the
lease described in section 2(1).
(B) Exception.--If the terms of the lease extended
under paragraph (1) are more restrictive than the terms
allowed at other marinas or similar Reclamation
concessions in effect on the date of the extension, the
Secretary and the Concessionaire shall, not later than
30 days after the date of enactment of this Act, amend
the lease to incorporate the less restrictive terms.
(C) Limitation.--The Secretary shall not include in
the terms of the lease extended under paragraph (1) any
terms that are more restrictive than the terms of the
lease described in section 2(1).
(3) Additional extensions.--
(A) In general.--In addition to the extension under
paragraph (1), the Secretary shall, on request of the
concessionaire and subject to subparagraph (B), extend
the lease for not more than 4 additional 10-year
periods.
(B) Notice.--For an extension under subparagraph
(A) to be valid, the concessionaire shall, at least 1
year before the date on which the lease is to expire,
submit to the Secretary written notice that the
concessionaire intends to request an extension to the
lease.
(C) Deadline for extension.--
(i) In general.--Not later than 1 year
after the date on which the Secretary receives
a request to extend the lease under
subparagraph (A), the Secretary shall complete
the requested lease extension.
(ii) Automatic extension.--
(I) In general.--Except as provided
in subclause (III), if the Secretary
does not extend the lease within the
time period specified in clause (i),
the lease shall automatically be
extended for an additional 10-year
period.
(II) Terms.--A lease automatically
extended under subclause (I) shall
include the latest terms and conditions
accepted by the Secretary and the
concessionaire.
(D) Requirements.--
(i) In general.--Except as provided in
clauses (ii) and (iii), a lease extended under
subparagraph (A) may include terms requiring
the concessionaire to meet any standards or
regulations applicable to the operation of
marinas or similar Reclamation concessions in
effect on the date of the extension, with an
emphasis on including standards or regulations
relating to public safety.
(ii) Exceptions.--Notwithstanding clause
(i), the Secretary shall not include in the
terms of a lease extended under subparagraph
(A)--
(I) limitations on rental periods
at boat docks;
(II) provisions allowing the
Secretary to take title to capital
investments made by the concessionaire
unless the Secretary compensates the
concessionaire for the full market
value of the investments;
(III) provisions requiring the
concessionaire to provide less services
at the Marina than those which are
provided under the lease in effect on
the date of enactment of this Act; or
(IV) provisions requiring the
concessionaire to relocate the Marina.
(iii) Limitation.--A lease extended under
subparagraph (A) shall not include any terms
that are more restrictive than the terms of the
lease described in section 2(1).
(E) Subsequent transfer.--
(i) In general.--Subject to clause (ii),
the concessionaire may transfer ownership of
concession facilities subject to a lease
extended under subparagraph (A) at any time
during the term of the term of the lease.
(ii) Approval by secretary.--
(I) In general.--A transfer of
ownership under clause (i) shall be
subject to approval by the Secretary.
(II) Requirements.--In determining
whether to approve a transfer under
subclause (I), the Secretary shall
consider only whether the person or
entity to which the facilities are to
be transferred has the financial and
managerial qualifications to assume the
duties and responsibilities of the
concessionaire under the terms of the
lease.
(III) Written notice.--The
Secretary shall submit to the
concessionaire and any person or entity
to which the facilities are to be
transferred written notice that
specifies--
(aa) whether the Secretary
has approved or disapproved the
transfer; and
(bb) the reasons for the
approval or disapproval.
(4) Review.--A concessionaire or any person or entity to
which concession facilities are transferred under paragraph
(3)(E) shall not be subject to any additional review by the
Secretary with respect to an improvement or construction that
has previously been inspected and approved by the Secretary,
unless the Secretary determines that the construction or
improvement poses a significant hazard to public safety or the
environment.
(5) Amendments.--Nothing in this Act affects the right of
the Secretary or the concessionaire to--
(A) propose amendments to a lease extended under
this section; and
(B) include in a lease extended under this section
any amendments to the lease that the Secretary and the
concessionaire mutually agree on.
(c) Boundary Expansion.--
(1) In general.--Nothing in this section prohibits the
concessionaire, in cooperation with the Secretary, from
expanding the boundary of the Marina to incorporate adjoining
Reclamation land in the Marina for the purpose of--
(A) better serving the needs of the public; or
(B) addressing expansion, safety, or security
issues of the Marina.
(2) Management.--The concessionaire shall manage any land
incorporated under paragraph (1).
(d) Erosion Control.--The Secretary shall work with the public, the
concessionaire, and private landowners to remedy shoreline erosion in
and around the Marina to prevent the loss of public and private
property.
SEC. 4. RECREATION FEES.
Of the recreation fees collected at the Canyon Ferry Unit of the
Pick-Sloan Missouri River Basin Program for fiscal year 2005 and each
subsequent fiscal year, 80 percent shall be deposited in the recreation
account for the Canyon Ferry Unit.
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Pages: 1 Other Popular 108th Congressional Bills Documents:
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