Page:United States Statutes at Large Volume 112 Part 5.djvu/764

 112 STAT. 3522 PUBLIC LAW 105-391—NOV. 13, 1998 SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS. (a) IN GENERAL.—Section 3 of Public Law 91-383 (commonly known as the National Park System General Authorities Act; 16 U.S.C. la-2) is amended by adding at the end the following: "(k) LEASES.— "(1) IN GENERAL. —Except as provided in paragraph (2) and subject to paragraph (3), the Secretary may enter into a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the National Park System. "(2) PROHIBITED ACTIVITIES.— The Secretary may not use a lease under paragraph (1) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concessions contract, commercial use authorization, or similar instrument. "(3) USE. —Buildings and associated property leased under paragraph (1)— "(A) shall be used for an activity that is consistent with the purposes established by law for the unit in which the building is located; "(B) shall not result in degradation of the purposes and values of the unit; and "(C) shall be compatible with National Park Service programs. "(4) RENTAL AMOUNTS. — "(A) IN GENERAL.—With respect to a lease under paragraph (1)— "(i) payment of fair market value rental shall be required; and "(ii) section 321 of the Act of June 30, 1932 (47 Stat. 412, chapter 314; 40 U.S.C. 303b) shall not apply. "(B) 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. "(C) REGULATION.—The Secretary shall promulgate regulations implementing this subsection that includes provisions to encourage and facilitate competition in the leasing process and provide for timely and adequate public comment. "(5) SPECIAL ACCOUNT. — "(A) DEPOSITS.—Rental payments under a lease under paragraph (1) shall be deposited in a special account in the Treasury of the United States. "(B) AVAILABILITY. —Amounts in the special account shall be available until expended, without further appropriation, for infrastructure needs at units of the National Park System, including— "(i) facility refurbishment; "(ii) repair and replacement; "(iii) infrastructure projects associated with park resource protection; and "(iv) direct maintenance of the leased buildings and associated properties. Procedures. "(C) ACCOUNTABILITY AND RESULTS. —The Secretary shall develop procedures for the use of the special account

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