36 CFR 18.4 – What determinations must the Director make before leasing property?
Before leasing property in a park area under this part, the Director must determine that:
Terms Used In 36 CFR 18.4
- Contract: A legal written agreement that becomes binding when signed.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(a) The lease will not result in degradation of the purposes and values of the park area;
(b) The lease will not deprive the park area of property necessary for appropriate park protection, interpretation, visitor enjoyment, or administration of the park area;
(c) The lease contains such terms and conditions as will assure the leased property will be used for activity and in a manner that are consistent with the purposes established by law for the park area in which the property is located;
(d) The lease is compatible with the programs of the National Park Service;
(e) The lease is for rent at least equal to the fair market value rent of the leased property as described in § 18.5;
(f) The proposed activities under the lease are not subject to authorization through a concession contract, commercial use authorization or similar instrument; and
(g) If the lease is to include historic property, the lease will adequately insure the preservation of the historic property.