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Title 54, National Park Service and Related ProgramsRelease 119-110

§306121 Lease or Exchange

Title 54 › Subtitle III — National Preservation Programs › CHAPTER 3061 — PROGRAM RESPONSIBILITIES AND AUTHORITIES › SUBCHAPTER II — LEASE, EXCHANGE, OR MANAGEMENT OF HISTORIC PROPERTY › § 306121

Last updated Sep 22, 2026|Official source

Summary

After consulting the Council, federal agencies must try, when possible, to find new uses (including adaptive reuse) for historic properties they do not need now or expect to need. Agencies may lease those properties to any person or group or trade them for similar historic properties if the agency head finds the lease or exchange will protect the property. Money from those leases can be kept by the agency that made the lease to pay for running, maintaining, repairing, and similar costs for that property or other National Register properties the agency owns or controls. Any leftover lease money must be sent to the Treasury at the end of the second fiscal year following the fiscal year in which the money was received.

Full Legal Text

Title 54, §306121

National Park Service and Related Programs, Source: USLM XML via OLRC

(a)Authority To Lease or Exchange.—
Notwithstanding any other provision of law, each Federal agency, after consultation with the Council—
(1)shall, to the extent practicable, establish and implement alternatives (including adaptive use) for historic property that is not needed for current or projected agency purposes; and
(2)may lease historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the lease or exchange will adequately ensure the preservation of the historic property.
(b)Proceeds of Lease.—
Notwithstanding any other provision of law, the proceeds of a lease under subsection (a) may be retained by the agency entering into the lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the agency with respect to that property or other property that is on the National Register that is owned by, or are under the jurisdiction or control of, the agency. Any surplus proceeds from the leases shall be deposited in the Treasury at the end of the 2d fiscal year following the fiscal year in which the proceeds are received.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 306121(a)16 U.S.C. 470h–3(a).Pub. L. 89–665, title I, § 111(a), as added Pub. L. 96–515, title II, § 207, Dec. 12, 1980, 94 Stat. 2997; Pub. L. 102–575, title XL, § 4013, Oct. 30, 1992, 106 Stat. 4761. 306121(b)16 U.S.C. 470h–3(b).Pub. L. 89–665, title I, § 111(b), as added Pub. L. 96–515, title II, § 207, Dec. 12, 1980, 94 Stat. 2997.

Statutory Notes and Related Subsidiaries

Historic Lease Process Simplification Pub. L. 105–391, title VIII, § 802(b), Nov. 13, 1998, 112 Stat. 3523, provided that: “The Secretary is directed to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner.” [For “Secretary” as used in section 802(b) of Pub. L. 105–391, set out above, as meaning the Secretary of the Interior, see section 2 of Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3498, which was classified to section 5901 of Title 16, Conservation, prior to repeal by Pub. L. 113–287.]

Reference

Citations & Metadata

Citation

54 U.S.C. § 306121

Title 54, National Park Service and Related Programs

Last Updated

Sep 22, 2026

Release point: 119-110