[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR18.2]

[Page 230-231]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 18--LEASES AND EXCHANGES OF HISTORIC PROPERTY--Table of Contents
 
Sec. 18.2  Definitions.

    In addition to applicable definitions contained in 36 CFR part 1, 
the following definitions shall apply to this part:
    (a) Adaptive Use means the act or process of adapting a structure to 
a use other than that for which it was designed.
    (b) Authorized Officer means an officer or employee of the National 
Park Service designated to conduct leases or exchanges and delegated 
authority to execute all necessary documents including leases and deeds.
    (c) Fair Market Rental Value means the most probable rent that the 
property would command if it were exposed on the open market for a 
period of time sufficient to attract a tenant who rents the property 
with full knowledge of the alternatives available to him on the market.
    (d) Fair Market Value means the amount in cash, or terms reasonably 
equivalent to cash, for which in all probability, the property would be 
sold by a knowledgeable owner willing but not obligated to sell to a 
knowledgeable purchaser who desired but was not obligated to buy.
    (e) Historic property means any prehistoric or historic district, 
site, building, structure, or object included in, or eligible for 
inclusion on the National Register of Historic Places.
    (f) Lease means a written contract by which use and possession in 
land and/or improvements is given to another person for a specified 
period of time and for rent and/or other consideration.
    (g) Leasehold interest means a contract right in property consisting 
of the right to use and occupy real property by virtue of a lease 
agreement.
    (h) National Register or National Register of Historic Places means 
the national register of districts, sites, buildings, structures, and 
objects significant in American history, architecture, archeology, 
engineering, and culture, maintained by the Secretary of the Interior 
under authority of section 101(a)(1) of the National Historic 
Preservation Act of 1966, as amended (80 Stat. 915, 16 U.S.C. 470 et 
seq. (1970 ed)).
    (i) Preservation means the act or process of applying measures to 
sustain the existing terrain and vegetative cover of a site and the 
existing form, integrity, and material of a structure. It includes 
initial stabilization work, where necessary, as well as ongoing 
maintenance.
    (j) Preservation Maintenance means the act or process of applying 
preservation treatment to a site or structure. It includes housekeeping 
and routine and cyclic work scheduled to mitigate wear and deterioration 
without altering the appearance of the resource, repair or replacement-
in-kind of broken or worn-out elements, parts, or surfaces so as to keep 
the existing appearance and

[[Page 231]]

function of the site of structure, and emergency stabilization work 
necessary to protect damaged historic fabric from additional damage.
    (k) Reconstruction means the act or process of accurately 
reproducing a site or structure, in whole, or in part, as it appeared at 
a particular period of time.
    (l) Rehabilitation means the act or process of returning a property 
to a state of utility through repair or alteration that makes possible 
an efficient contemporary use while preserving those portions or 
features of the property that are significant to its historical, 
architectural, and cultural values.
    (m) Restoration means the act or process of recovering the general 
historic appearance of a site or the form and details of a structure, or 
portion thereof, by the removal of incompatible natural or human-caused 
accretions and the replacement of missing elements as appropriate. For 
structures, restoration may be for exteriors and interiors, and may be 
partial or complete.

[47 FR 53369, Nov. 26, 1982, as amended at 62 FR 30235, June 3, 1997]