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54 U.S.C. § 102102 — Authority of Secretary to enter into lease for buildings and associated property

Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 102102 — Authority of Secretary to enter into lease for buildings and associated property

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Source file: Laws/federal/codes/united-states-code/title-54/section-102102-authority-of-secretary-to-enter-into-lease-for-buildings-and-associated--41244acb54.md
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Source location: Title 54, Chapter 1021, § 102102; chapter-1021-chapter-1021.md

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**(a) In General.—** To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, and except as provided in subsection (b) and subject to subsection (c), may enter into a lease with any person or government entity for the use of buildings and associated property administered by the Secretary as part of the System. **(b) Prohibited Activities.—** The Secretary may not use a lease under subsection (a) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concession contract, commercial use authorization, or similar instrument. **(c) Use.—** Buildings and associated property leased under subsection (a)— (1) shall be used for an activity that is consistent with the purposes established by law for the System unit in which the building is located; (2) shall not result in degradation of the purposes and values of the System unit; and (3) shall be compatible with Service programs. **(d) Rental Amounts.—** (1) **In general.—** — With respect to a lease under subsection (a)— (A) payment of fair market value rental shall be required; and (B) [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim) shall not apply. (2) **Adjustment.—** — The Secretary 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) 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, including— (A) facility refurbishment; (B) repair and replacement; (C) infrastructure projects associated with System unit resource protection; and (D) direct maintenance of the leased buildings and associated property. (3) **Accountability and results.—** — The Secretary shall develop procedures for the use of the special account that ensure accountability and demonstrated results consistent with this section and 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 of this title. **(f) Regulations.—** The Secretary 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.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 1302 — Lease of buildings

Except as otherwise specifically provided by law, the leasing of buildings and property of the Federal Government shall be for a money consideration only. The lease may not include any provision for the alteration, repair, or improvement of the buildings or property as a part of the consideration for the rent to be paid for the use and occupation of the buildings or property. Money derived from the rent shall be deposited in the Treasury as miscellaneous receipts.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1a–2 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 91–383, § 3, Aug. 18, 1970, 84 Stat. 826; Pub. L. 94–458, § 1, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 104–333, div. I, title VII, § 703, title VIII, § 818, Nov. 12, 1996, 110 Stat. 4185, 4201; Pub. L. 105–391, title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3522; Pub. L. 106–176, title I, § 118, Mar. 10, 2000, 114 Stat. 28, related to Secretary of the Interior’s authorization of activities. See sections 100751(b), 100901(a) to (c), 100906(a), (d), 101302, 101702(b), (c), 101703, and 102102 of Title 54, National Park Service and Related Programs.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 398d — Acquisition of lands, waters, and interests therein

**(a) Authorization; payment requirements; interest rate** Within the boundaries of Virgin Islands National Park as established and adjusted pursuant to sections 398 and 398a of this title, and as revised by sections 398c to 398f of this title, the Secretary of the Interior is authorized to acquire lands, waters, and interests therein by purchase, exchange or donation or with donated funds. In acquiring such lands, up to 6.6 acres, the Secretary may, when agreed upon by the landowner involved, defer payment or schedule payments over a period of ten years and pay interest on the unpaid balance at a rate not exceeding the current prevailing commercial rate. **(b) Employment and training of residents to develop, etc., area** The Secretary is authorized and directed to the maximum extent feasible to employ and train residents of the Virgin Islands to develop, maintain, and administer the Virgin Islands National Park. **(c) Payment requirements for acquisition of Hassel Island from United States** Subject to continued protection and use of Hassel Island for park and recreation purposes, and such other conditions as the Secretary may deem appropriate, the Territory of the Virgin Islands may, within, but not after, five years after August 18, 1978, by duly enacted legislation acquire all interests of the United States in Hassel Island by reimbursing the United States in an amount equal to the amount actually expended by the United States for the acquisition of lands and interests in lands and for the costs of construction of permanent improvements, if any. **(d) Rights of owners of improved property on Hassel Island to use and occupancy of property for noncommercial residential purposes; term; payment requirements; suspension of authority to condemn Royal Mail property; “im

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 102102 — Authority of Secretary to enter into

Page 59 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 102102 CHAPTER 1021—PRIVILEGES AND LEASES Sec. 102101. General provisions. 102102. Authority of Secretary to enter into lease for buildings and associated property. § 102101. General provisions (a) LIMITATION.— (1) NO LEASE OR GRANT OF A PRIVILEGE THAT INTERFERES WITH FREE ACCESS.—No natural cu- riosity, wonder, or object of interest shall be leased or granted to anyone on such terms as to interfere with free access by the public to any System unit. (2) EXCEPTION FOR GRAZING LIVESTOCK.—The Secretary, under such regulations and on such terms as the Secretary may prescribe, may grant the privilege to graze livestock within a System unit when, in the Secretary’s judg- ment, the use is not detrimental to the pri- mary purpose for which the System unit was created. This paragraph does not apply to Yel- lowstone National Park. (b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The Secretary may grant privileges and enter into leases described in subsection (a), and enter into related contracts with respon- sible persons, firms, or corporations, without ad- vertising and without securing competitive bids. (c) ASSIGNMENT OR TRANSFER.—No contract, lease, or privilege described in subsection (a) or (b) that is entered into or granted shall be as- signed or transferred by the grantee, lessee, or licensee without the prior written approval of the Secretary. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3152.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 102101 ......... 16 U.S.C. 3 (last sen- tence). Aug. 25, 1916, ch. 408, § 3 (last sentence), 39 Stat. 535; Mar. 7, 1928, ch. 137, § 1 (matter relating to sec- tion 3 of the Act of Au- gust

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