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16 U.S.C. § 32Lease of lands within park

submitted 132 years ago by ch. 198 to r/title-16-CONSERVATION · 317 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can lease up to 10 tracts of land, each no larger than 20 acres, inside Yellowstone National Park for up to 20 years so businesses can build hotels. Leases can't cover geysers or block public access to them.

This section lets the Secretary of the Interior lease land inside Yellowstone National Park to businesses that are authorized to operate there. Each lease can run for up to 20 years, at a yearly rent the Secretary sets. A person, corporation, or company may lease separate tracts of land, none larger than 20 acres, at no more than 10 locations per leaseholder, for building solid hotels and buildings that protect stagecoaches, livestock, and equipment. A lease cannot cover any geysers or other objects of curiosity or interest, and it cannot block the public's free access to them. No lease can include ground within one-eighth of a mile of any geyser, of the Yellowstone Falls, the Grand Canyon, the Yellowstone River, Mammoth Hot Springs, or any other object of curiosity in the park. A lease also cannot give the leaseholder any exclusive privilege in the park beyond the specific land and time covered by that lease. Every lease must require the leaseholder to follow every law, rule, order, or regulation the Secretary makes about using, caring for, managing, or governing the park. Breaking those rules can mean the lease is forfeited, and the Secretary keeps the right to revoke or cancel the lease. Finally, this section does not force the Secretary to lease anything — the power to lease is discretionary, meant to be used based on the Secretary's own judgment.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized and empowered to lease for a period not exceeding twenty years, at an annual rental to be determined by him, to any person, corporation, or company he may authorize to transact business in the Yellowstone National Park, separate tracts of land, not exceeding twenty acres each, at such places not to exceed ten in number to any one person, corporation, or company, in said park as the comfort and convenience of visitors may require for the construction and maintenance of substantial hotel buildings and buildings for the protection of stage, stock, and equipment.

Such lease or leases shall not include any of the geysers or any objects of curiosity or interest in said park, or exclude the public from free and convenient approach thereto, or include any ground within one-eighth of a mile of any of the geysers of the Yellowstone Falls, the Grand Canyon, or the Yellowstone River, Mammoth Hot Springs, or any object of curiosity in the park; nor shall such lease convey either expressly or by implication any exclusive privilege within the park, except on the premises held thereunder and for the time therein granted. Every lease made for any property of said park shall require the lessee to observe and obey each and every provision in any Act of Congress, every rule, order, or regulation made or which shall hereafter be made and published by the Secretary of the Interior concerning the use, care, management, or government of the park, or any object or property therein under penalty of forfeiture of such lease, and shall be subject to the right of revocation and forfeiture, which shall therein be reserved by the Secretary of the Interior.

The provisions of this section are not to be construed as mandatory upon the Secretary of the Interior, but the authority herein given is to be exercised in his sound discretion.

Source credit: (Aug. 3, 1894, ch. 198, 28 Stat. 222; June 4, 1906, ch. 2570, 34 Stat. 207; Mar. 2, 1907, ch. 2518, 34 Stat. 1219.)

history & why it existsrecord from the source credit
  • 1894Enacted · Act of Aug. 3, 1894, ch. 198 · 28 Stat. 222
  • 1906Amended · Act of June 4, 1906, ch. 2570 · 34 Stat. 207
  • 1907Amended · Act of Mar. 2, 1907, ch. 2518 · 34 Stat. 1219

A history note hasn’t been published yet. The record shows enactment by ch. 198 on 1894-08-03.

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