36 CFR § 51.42 - Are there exceptions to this compensable interest prohibition?

---
identifier: "/us/cfr/t36/s51.42"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "36 CFR § 51.42 - Are there exceptions to this compensable interest prohibition?"
title_number: 36
title_name: "Parks, Forests, and Public Property"
section_number: "51.42"
section_name: "Are there exceptions to this compensable interest prohibition?"
chapter_name: "NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR"
part_number: "51"
part_name: "CONCESSION CONTRACTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "54 U.S.C. 101901-101926 and title IV of the National Parks Omnibus Management Act of 1998 (Pub. L. 105-391)."
regulatory_source: "65 FR 20668, Apr. 17, 2000, unless otherwise noted."
cfr_part: "51"
---


# 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.