36 CFR § 18.4 - What determinations must the Director make before leasing property?

---
identifier: "/us/cfr/t36/s18.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 18.4 - What determinations must the Director make before leasing property?"
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "18.4"
section_name: "What determinations must the Director make before leasing property?"
chapter_name: "NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR"
part_number: "18"
part_name: "LEASING OF PROPERTIES IN PARK AREAS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 1  particularly 16 U.S.C. 1a-2(k), and, 16 U.S.C. 470h-3."
regulatory_source: "66 FR 66759, Dec. 27, 2001, unless otherwise noted."
cfr_part: "18"
---


# 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;

(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.