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. 1a–2(k)(4)), the Secretary shall take into consideration— (A) the value of any associated property conveyed to the United States; and (B) the value, if any, of the relinquished term of the retained use estate. (6) USE OF PROCEEDS.—Rental amounts paid to the United States under a lease shall be available to the Secretary, without further appropriation, for visitor services and resource protec- tion within the Park. (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 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 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. Transfer authority. Deadline.
