---
kind: "section"
citation: "36 C.F.R. § 18.4"
title: "36"
number: "18.4"
heading: "What determinations must the Director make before leasing property?"
url: "https://uscodex.org/cfr/36/18.4"
---

# §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:

- (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](/cfr/36/18.5.md);
- (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.

## Notes

### Authority

Authority: 16 U.S.C. 1 et seq., particularly 16 U.S.C. 1a-2(k), and, 16 U.S.C. 470h-3.

### Source

Source: 66 FR 66759, Dec. 27, 2001, unless otherwise noted.