36 CFR § 18.5 - May property be leased without receiving fair market value rent?

---
identifier: "/us/cfr/t36/s18.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 18.5 - May property be leased without receiving fair market value rent?"
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "18.5"
section_name: "May property be leased without receiving fair market value rent?"
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"
---


# 18.5 May property be leased without receiving fair market value rent?

Property may be leased under this part only if the lease requires payment of rent to the government equal to or higher than the property's fair market value rent. The determination of fair market value rent shall take into account:

(a) Any restrictions on the use of the property or terms of the lease that limit the value and/or the highest and best use of the property; and

(b) Any requirements under the lease for the lessee to restore, rehabilitate or otherwise improve the leased property.