116 STAT. 1098 PUBLIC LAW 107-217—AUG. 21, 2002 (2) SALE, LEASE, OR DONATION.— Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Chief Executive Officer of a proposed transfer, the Chief Executive Officer, for national service activities, may sell, lease, or donate property assigned to the Chief Executive Officer under paragraph (1) to an entity that receives financial assistance under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.). (3) FIXING VALUE.—In fixing the sale or lease value of property disposed of under paragraph (2), the Chief Executive Officer shall take into consideration gmy benefit which has accrued or may accrue to the Government from the use of the property by the entity receiving the property. (h) PROPERTY FOR USE AS A HISTORIC MONUMENT. — (1) CONVEYANCE. — (A) IN GENERAL.— Without monetsuy consideration to the Government, the Administrator may convey to a State, a political subdivision or instrumentality of a State, or a miHiicipality, the right, title, and interest of the Government in and to any surplus real and related personal property that the Secretary of the Interior determines is suitable and desirable for use as a historic monument for the benefit of the public. (B) RECOMMENDATION BY NATIONAL PARK SYSTEM ADVISORY BOARD. —Property may be determined to be suitable and desirable for use as a historic monument only in conformity with a recommendation by the National Park System Advisory Board established under section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act). Only the portion of the property that is necessary for the preservation and proper observation of the property's historic features may be determined to be suitable and desirable for use as a historic monument. (2) REVENUE-PRODUCING ACTIVITY. — (A) IN GENERAL.—The Administrator may authorize use of any property conveyed under this subsection for revenueproducing activities if the Secretary of the Interior— (i) determines that the activities are compatible with use of the property for historic monument purposes; (ii) approves the grantee's plan for repair, rehabilitation, restoration, and maintenance of the property; (iii) approves the grantee's plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and (iv) examines and approves the accounting and financial procedures used by the grantee. (B) USE OF EXCESS INCOME. —The Secretary of the Interior may approve a grantee's financial plan only if the plan provides that the grantee shall use income exceeding the cost of repair, rehabilitation, restoration, and maintenance only for public historic preservation, park, or recreational purposes. (C) AUDITS. —The Secretary of the Interior may periodically audit the records of the grantee that are directly related to the property conveyed.
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