§102102 Authority of Secretary to Enter Into Lease for Buildings and Associated Property

Summary

The Secretary can lease buildings and nearby property that are part of the System to people or government groups, under terms the Secretary thinks fit, except where other rules ban it. Leases cannot be used to allow activities that need a concession contract, commercial use authorization, or a similar permit. Leased property must be used only in ways that match the unit’s legal purposes, must not harm the unit’s values, and must work with Service programs. Rent must be fair market value (and section 1302 of title 40 does not apply). The Secretary may lower rent to account for lessee spending on preservation, maintenance, restoration, improvements, or repairs. Rent money must go into a special Treasury account and stay available until spent, without more appropriation, for infrastructure needs at System units (like refurbishment, repair or replacement, resource-protection projects, and direct maintenance of the leased property). The Secretary must make rules for using that account that ensure accountability and results and follow the listed 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. The Secretary must also create regulations that encourage competition for leases and allow timely public comment.