54 U.S.C. § 102102 — Authority of Secretary to enter into lease for buildings and associated property
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 394 words · no verdicts yet
This section lets the Secretary lease Park Service buildings and land to others. The lease can't be used for activities that require a concession contract instead. Tenants must pay fair market rent, which funds park infrastructure repairs.
(a) In General.— To help run the System*, the Secretary* may lease out buildings and connected property that the Secretary manages as part of the System. The Secretary sets the lease terms, except as limited by subsections (b) and (c).
(b) Prohibited Activities.— The Secretary cannot use this kind of lease to let someone do things that normally need a concession contract, commercial use authorization, or similar approval.
(c) Use.— Property leased under (a) must follow three rules. (1) It must be used for an activity that fits the purposes of the System unit* where the building sits. (2) It cannot hurt the purposes and values of that System unit. (3) It must fit with the Service's own programs.
(d) Rental Amounts.— (1) The lease must charge fair market value rent. A different rule, section 1302 of title 40, does not apply here. (2) The Secretary may adjust the rent to account for money the tenant spends on preserving, maintaining, restoring, improving, or repairing the property.
(e) Special Account.— (1) Rent paid under these leases goes into a special account in the Treasury. (2) That money stays available without a new appropriation. It can pay for facility refurbishment, repair and replacement, infrastructure projects that protect System unit resources, and direct maintenance of the leased buildings. (3) The Secretary must set up procedures for using this account that ensure accountability and real results, matching the rules in this section and several other listed sections of this title.
(f) Regulations.— The Secretary must write regulations to carry out this section. Those regulations must encourage competition in the leasing process and allow for timely, adequate public comment.
To facilitate the administration of the System*, the Secretary*, under such terms and conditions as the Secretary may consider advisable, and except as provided in subsection (b) and subject to subsection (c), may enter into a lease with any person or government entity for the use of buildings and associated property administered by the Secretary as part of the System.
The Secretary may not use a lease under subsection (a) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concession contract, commercial use authorization, or similar instrument.
Buildings and associated property leased under subsection (a)—
shall be used for an activity that is consistent with the purposes established by law for the System unit* in which the building is located;
shall not result in degradation of the purposes and values of the System unit; and
shall be compatible with Service* programs.
With respect to a lease under subsection (a)—
payment of fair market value rental shall be required; and
section 1302 of title 40 shall not apply.
The Secretary may adjust the rental amount as appropriate to take into account any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, or repair and related expenses.
Rental payments under a lease under subsection (a) shall be deposited in a special account in the Treasury.
Amounts in the special account shall be available until expended, without further appropriation, for infrastructure needs at System units, including—
facility refurbishment;
repair and replacement;
infrastructure projects associated with System unit resource protection; and
direct maintenance of the leased buildings and associated property.
The Secretary shall develop procedures for the use of the special account that ensure accountability and demonstrated results consistent with this section and sections 100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c), 100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) and (c), 101901, 102701, and 102702 of this title.
The Secretary shall prescribe regulations implementing this section that include provisions to encourage and facilitate competition in the leasing process and provide for timely and adequate public comment.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3152.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3152
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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