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16 U.S.C. § 222Administration, concessions, and privileges; contracts for sale of water

submitted 107 years ago by ch. 44 to r/title-16-CONSERVATION · 218 words · no verdicts yet

in plain englishAI-generated · not legal advice

The National Park Service, under the Secretary of the Interior, runs Grand Canyon National Park and must award concessions like hotels and tours through open, competitive bidding. The Secretary may also sell park water to a nonprofit for use in Tusayan, Arizona, if doing so will not harm the park or its visitors.

This section covers who runs Grand Canyon National Park and how certain contracts and water sales work. The Secretary of the Interior, acting through the National Park Service, is in charge of running, protecting, and promoting the park. This power follows the rules set out in the 1916 Act that created the National Park Service. Any concession — meaning hotels, camps, transportation, or other services for visitors — must be awarded through public bidding. The contract must go to the bidder who is both the best qualified and the most reliable. The Secretary may also sell water located inside the park, by contract, to a nonprofit organization that is legally allowed under Arizona law to deliver water to customers in Tusayan, Arizona. The Secretary sets the terms of that sale. This power does not take away any of the United States' water rights, and it applies even if another law would otherwise say no. But the Secretary can only make this sale after deciding that it will not harm the park's resources or its visitors, and only if the sale includes protective measures — including a right to end the sale immediately if needed. The sale must also follow the requirements of section 9701 of title 31.
the actual law source: uscode.house.gov ↗public domain

The administration, protection, and promotion of Grand Canyon National Park shall be exercised under the direction of the Secretary of the Interior, by the National Park Service, subject to the provisions of the Act of August twenty-fifth, nineteen hundred and sixteen, entitled “An Act to establish a National Park Service, and for other purposes”.1 All concessions for hotels, camps, transportation, and other privileges of every kind and nature for the accommodation or entertainment of visitors shall be let at public bidding to the best and most responsible bidder. Under such terms and conditions as he deems advisable and consistent with the requirements of section 9701 of title 31, the Secretary is authorized, without derogation of any of the water rights of the United States and notwithstanding any provision of law to the contrary, to sell by contract water located within Grand Canyon National Park for the use of customers within Tusayan, Arizona, to a nonprofit entity authorized to receive and distribute water within Tusayan, Arizona by the laws of the State of Arizona, upon his determination that such sale is not detrimental to the protection of the resources of Grand Canyon National Park or its visitors and that appropriate measures to provide for such protection, including a right of immediate termination, are included in the transaction.

Source credit: (Feb. 26, 1919, ch. 44, § 2, 40 Stat. 1177; Pub. L. 95–586, title XII, Nov. 3, 1978, 92 Stat. 2495.)

history & why it existsrecord from the source credit
  • 1919Enacted · Act of Feb. 26, 1919, ch. 44 · 40 Stat. 1177
  • 1978Amended · Pub. L. 95-586 · 92 Stat. 2495

A history note hasn’t been published yet. The record shows enactment by ch. 44 on 1919-02-26.

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