---
kind: "section"
citation: "36 C.F.R. § 51.42"
title: "36"
number: "51.42"
heading: "Are there exceptions to this compensable interest prohibition?"
url: "https://uscodex.org/cfr/36/51.42"
---

# §51.42. Are there exceptions to this compensable interest prohibition?


Two exceptions to this compensable interest prohibition exist:

- (a) The prohibition will not apply to real property improvements lawfully constructed by a concessioner with the written approval of the Director in accordance with the express terms of a 1965 Act concession contract; and
- (b) The prohibition will not apply to real property improvements constructed and owned in fee simple by a concessioner or owned in fee simple by a concessioner's predecessor before the land on which they were constructed was included within the boundaries of the applicable park area.

## Notes

### Authority

Authority: 54 U.S.C. 101901-101926 and title IV of the National Parks Omnibus Management Act of 1998 (Pub. L. 105-391).

### Source

Source: 65 FR 20668, Apr. 17, 2000, unless otherwise noted.