Hoping a voice friendly to President Trump will be able to convince the Interior Department to extend its management of the Caneel Bay Resort for at least 60 years, CBI Acquisitions has retained a new lobbyist in Washington.
Ballard Partners, whose principal chaired Trump's organization in Florida for the 2016 election and was vice chairman of the president's inaugural committee, will work to get Interior to extend the current Retained Use Estate long past its current September 2023 end.
The future of the Caneel Bay Resort has been up in the air since 2010, when Congress directed the National Park Service to determine whether it made sense to convert the RUE to a more traditional concessions lease. Three years later, the Park Service, after studying which management approach made the most sense for the agency via an environmental assessment, recommended that the operating agreement be redefined as a long-term lease more in line with typical concessions agreements.
But negotiations between the Park Service and CBI's principal, Gary Engle, have failed to produce any concrete results; indeed, Engle told a House committee in 2018 that the talks never were substantive. CBI has maintained that an extension of at least 60 years is necessary to attract $100 million in capital to rebuild the resort.
National Parks Traveler continues to wait for the Park Service to completely fulfill Traveler's Freedom of Information Act request for details of those talks.
Back-to-back hurricanes in September 2017 largely destroyed the Caribbean resort's facilities, and while CBI received $32 million in insurance proceeds, it has not made any substantive efforts to rebuild. Instead, it has offered to walk away from the operation if the federal government would pay it $70 million and hold the company harmless for any environmental damage that might be on the resort's grounds.
Not only did hurricanes Irma and Maria heavily damage the Caneel Bay Resort, but they also exposed CBI to a $217,416 lawsuit brought by Bluewater Construction, of St. Thomas, stemming from 18 hotel rooms it built in the months leading up to the September 2017 storms but has yet to be paid for. Too, CBI was told early this year that the resort was “grossly underinsured.”
Court documents related to the Bluewater Construction case showed that CBI was underinsured by just about half of what it valued the resort at. CBI was successful in its $32 million claim for damages from Hurricane Irma, which struck on September 6, 2017. But when the company filed a similar $32 million claim for damage from Hurricane Maria, which struck less than two weeks later, Lloyds of London denied the claim on the grounds that the first claim covered the loss from both storms.
“There is no additional damage caused by Hurricane Maria that was not considered in the scope of damages from Hurricane Irma,” the claims management company noted in a September 2018 letter to Engle. In other words, the coverage for Irma would cover impacts from Maria, the claims firm concluded.
Laurance S. Rockefeller in 1956 donated the land on the island of St. John that today makes up Virgin Islands National Park. At the time, he held back a portion for the Caneel Bay Resort. In 1983, the Jackson Hole Preserve, which Rockefeller had established, donated the land to the park; but it came with the RUE agreement that gave the Preserve free use of the property and its facilities for 40 years. At the end of that four-decade period, September 2023, the RUE document dictated that the buildings and their improvements be donated to the Park Service.
CBI Acquisitions acquired the RUE in 2004.
When Rockefeller structured the RUE that allowed the Caneel Bay Resort to be operated for private profit, he inserted a provision into that document that required the resort operator to use and maintain the grounds in a way that is "consistent with the preservation of such outstanding scenic and other features of national significance, and preserve the Premises to the extent feasible in their natural condition for the public benefit, enjoyment, and inspiration..."
But according to initial documents Traveler obtained through its 2018 FOIA request, a 2014 environmental assessment of the Caneel Bay Resort property raised questions of contamination from SVOCs -- semivolatile organic compounds -- often related to pesticides, and arsenic.
"In addition, there are concerns for leachability of SVOCs, arsenic and mercury to groundwater," the report noted.
The surveys also found concentrations of total petroleum hydrocarbons and diesel range organics above acceptable levels set by the Virgin Islands Department of Planning and Natural Resources.
While the assessment called for more extensive testing to determine the extent of these contaminants -- both across the ground surface and to determine depth of contamination -- records Traveler obtained said CBI had refused to allow a contractor for the Park Service to access the grounds to perform further testing.
Since then, Park Service personnel have declined to discuss the status of the environmental condition of the property.
While Caneel Bay Resort remains in tatters, other Caribbean resorts that were damaged by Irma and Maria have rebuilt. A headline in the New York Times early this month noted that, "5 New Standout Resorts in the Caribbean | In the aftermath of hurricanes Irma and Maria, many hoteliers in the Caribbean have regrouped and rebuilt — and are ushering in a new age of hospitality."
Comments
Well, in my last comments on this topic, I speculated that CBI would stoop to anything to get that 60 year extension in order to buy time to try to get out of or at least stretch out the costs of that environmental clean-up. Bringing in a lobbying group from Florida with connections to the Trump Administration and the party that backs it and inside knowledge of where the bodies are buried from that high priced, ultra-corrupt, inauguration definitely fits the bill...
It's frustrating how misleading framing continues to be the choice of this author. For instance, when bringing up other resorts that have rebuilt; the author should emphasize again that they own their land, and are thus in no danger of investing X million dollars in buildings they'd lose access to in a couple of years.
You might have a point, Mike D, but it should be noted that there are concessionaires in the park system that manage to succeed, if not flourish, under the concessions model without owning the land or buildings they manage. Xanterra Parks & Resorts back in 2013 renewed its long-running contract at Yellowstone, for 20 years, and agreed to invest roughly $135 million into park facilities, particularly with new lodges at Canyon.
The question that remains unanswered is whether CBI really tried to negotiate a concessions lease with the Park Service or was simply stalling until it could figure out how to get an extension to the RUE. Gary Engle maintains the talks were never substantive. Our NPS sources say they were. Hopefully, if our FOIA request is ever completely met, the paper trail will show who's right on that point.
You also should know, though, that under NPS concessions operations, if CBI invested millions in rebuilding Caneel Bay and didn't retain the lease down the road, it possibly would be compensated for its improvements. That's laid out under the Leaseholder Surrender Interest section of the Code of Federal Regulations.
Nevertheless, the RUE required that the facilities be maintained, and CBI had insurance for hurricane damage.
At the end of the day, the lawyers and the lobbyists will profit, not park visitors.
This is a national park. Their lease is expiring. It is over and they need to remove their junk from the park.
CBI has never really come to the table to negotiate in good faith. They have had use of National Park Service land free of charge for 40 years while making lots of money and once they realized that a lease meant having to pay something for use of the lsnd, as well as actually comply with NPS regulations to protect and preserve the natural and cultural resources on the property, they started pushing for an unprecedented extension of the RUE. Meanwhile mistreating their employees in a variety of ways. CBI needs to be GONE so the Park can negotiate with a concessionaire.
"if CBI invested millions in rebuilding Caneel Bay and didn't retain the lease down the road, it possibly would be compensated for its improvements."
If you were running a business, do you think your shareholders would accept "we MIGHT get compensated later if we spend tens of millions of dollars now"?
As usual with this topic, people are confusing what they wish would happen with what you would expect to happen given economic and legal realities.
Mike D, if CBI had converted to a concessions agreement back in 2013 when the Park Service decided that was the way to go, they would be compensated for their investments if they later lost the contract. It has been done elsewhere in the Park System (Grand Canyon, Yosemite, Shenandoah to name three parks).
I said "might" in my earlier reply because I'm not a lawyer and so not sure how the rules for the RUE might differ from those that apply to concessions agreements.
CBI knew back in 2004 when they acquired the RUE that it was to expire in 2023. They likely also know that the RUE is specific in requiring them to maintain the facilities, which they have not done even though they were insured for damage. Nor have they allowed the Park Service to further examine the grounds for environmental contamination.
Rockefeller was very specific in what he wanted for the Caneel Bay Resort (to revert to the NPS in full in September 2023). If the shareholders paid attention to the RUE, they would have known that. Maybe they did and agreed to the strategy to find some way to extend the RUE for at least 60 years.
But as of today it seems CBI has created a stalemate that looks like they will walk away with their $32 million in insurance proceeds and leave the Park Service with a mess to clean up and rebuild.
Again, hopefully NPS soon will provide the rest of the documents Traveler FOIAed for and that they will shed some light on whether there were substantive negotiations towards a concessions agreement. But it'd also be good to hear why CBI has not used the $32 million to repair the resort facilities.
A well-worn strategy. Point Reyes anyone?