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.

July 15, 2004

Mr. BAUCUS introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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.

END