---
kind: "section"
citation: "54 U.S.C. § 102102"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "102102"
heading: "Authority of Secretary to enter into lease for buildings and associated property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/102102"
units:
  - "Subtitle I — National Park System"
  - "Division A — Establishment and General Administration"
  - "Chapter 1021 — Privileges and Leases"
---

# §102102. Authority of Secretary to enter into lease for buildings and associated property

- (a) **In General.—** To facilitate the administration of the [System](/usc/54/100102.md?p=5), the [Secretary](/usc/54/100102.md?p=3), under such terms and conditions as the [Secretary](/usc/54/100102.md?p=3) may consider advisable, and except as provided in [subsection (b)](#b) and subject to [subsection (c)](#c), may enter into a lease with any person or government entity for the use of buildings and associated property administered by the [Secretary](/usc/54/100102.md?p=3) as part of the [System](/usc/54/100102.md?p=5).
- (b) **Prohibited Activities.—** The [Secretary](/usc/54/100102.md?p=3) may not use a lease under [subsection (a)](#a) to authorize the lessee to engage in activities that are subject to authorization by the [Secretary](/usc/54/100102.md?p=3) through a concession contract, commercial use authorization, or similar instrument.
- (c) **Use.—** Buildings and associated property leased under [subsection (a)](#a)—
  - (1) shall be used for an activity that is consistent with the purposes established by law for the [System unit](/usc/54/100102.md?p=6) in which the building is located;
  - (2) shall not result in degradation of the purposes and values of the [System unit](/usc/54/100102.md?p=6); and
  - (3) shall be compatible with [Service](/usc/54/100102.md?p=4) programs.
- (d) **Rental Amounts.—**
  - (1) **In general.—** With respect to a lease under [subsection (a)](#a)—
    - (A) payment of fair market value rental shall be required; and
    - (B) [section 1302 of title 40](/usc/40/1302.md) shall not apply.
  - (2) **Adjustment.—** The [Secretary](/usc/54/100102.md?p=3) 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.
- (e) **Special Account.—**
  - (1) **Deposits.—** Rental payments under a lease under [subsection (a)](#a) shall be deposited in a special account in the Treasury.
  - (2) **Availability.—** Amounts in the special account shall be available until expended, without further appropriation, for infrastructure needs at [System units](/usc/54/100102.md?p=6), including—
    - (A) facility refurbishment;
    - (B) repair and replacement;
    - (C) infrastructure projects associated with [System unit](/usc/54/100102.md?p=6) resource protection; and
    - (D) direct maintenance of the leased buildings and associated property.
  - (3) **Accountability and results.—** The [Secretary](/usc/54/100102.md?p=3) shall develop procedures for the use of the special account that ensure accountability and demonstrated results consistent with this section and sections [100101(b)](/usc/54/100101.md?p=b), [100502](/usc/54/100502.md), [100507](/usc/54/100507.md), [100751(b)](/usc/54/100751.md?p=b), [100754](/usc/54/100754.md), [100901(b)](/usc/54/100901.md?p=b) and (c), 100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) and (c), 101901, 102701, and [102702](/usc/54/102702.md) of this title.
- (f) **Regulations.—** The [Secretary](/usc/54/100102.md?p=3) 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 102102(a) | 16 U.S.C. 1a–2 (matter before (a)). | Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
|  | 16 U.S.C. 1a–2(k)(1). | Pub. L. 91–383, § 3(k), as added Pub. L. 105–391, title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3522. |
| 102102(b) through (d) | 16 U.S.C. 1a–2(k)(2) through (4)(B). |  |
| 102102(e) | 16 U.S.C. 1a–2(k)(5). |  |
| 102102(f) | 16 U.S.C. 1a–2(k)(4)(C). |  |