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16 U.S.C. § 364Investigation of applicant for lease or contract

submitted 135 years ago by ch. 533 to r/title-16-CONSERVATION · 296 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before leasing a bathhouse at Hot Springs, the Secretary of the Interior can investigate whether the applicant secretly has ties to another nearby bathhouse or a pool of competing owners. The Secretary can question people, take oaths, and demand sworn statements; lying under oath is perjury. If improper ties or a pool exist, the Secretary can refuse or cancel the lease.

Before granting a lease for bathhouses or bathhouse sites in the park, or a contract for outside bathhouses to use hot water, the Secretary of the Interior may investigate the person, people, or corporation applying. The goal is to find out whether they are directly or indirectly connected to any other bathhouse, lease, interest, or privilege at or near Hot Springs, Arkansas, including membership in a pool, combination, or association tied to one, or being a stockholder in a company connected to one, and, for a corporation applicant, whether its own members or stockholders have such connections. To get the facts, the Secretary can summon people and documents, put witnesses under oath, and require applicants to submit affidavits. Anyone who lies under oath or in an affidavit in this process commits perjury and, if convicted, faces the same penalties as perjury under federal law. If the Secretary finds, whether at the time of leasing or later, that this kind of outside interest exists, or that a pool or combination exists between two or more bathhouses, or if the Secretary decides it serves the best interests of managing Hot Springs National Park or the public interest, the Secretary may refuse to grant the lease, license, permit, or privilege, or may cancel an existing one if the holder has since become connected in one of these prohibited ways.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior, before executing any lease to bathhouses or bathhouse sites in the park or contracts for the use of hot water for bathhouses outside said park, may make due investigation to ascertain whether the person, persons, or corporation applying for such lease or contract are not, directly or indirectly, interested in any manner whatever in any other bathhouse, lease, interest, or privilege at or near Hot Springs, Arkansas, or whether he or they belong to any pool, combination, or association so interested, or whether he or they are members or stockholders in any corporation so interested, or, if a corporation, whether its members or any of them are members or stockholders of any other corporation or association interested in any other bathhouse, lease, interest, or privilege as aforesaid, and in order to arrive at the facts in any such case he is authorized to send for persons and papers, administer oaths to witnesses, and require affidavits from applicants; and any such person making a false oath or affidavit in the premises shall be deemed guilty of perjury, and, upon conviction, subject to all the pains and penalties of perjury under the statutes of the United States; and whenever, either at the time of leasing or other time it appears to the satisfaction of the said Secretary that such interest in other bathhouse, lease, interest, or privilege exists, or at any time any pool or combination exists between any two or more bathhouses or he deems it for the best interests of the management of the Hot Springs National Park and waters, or for the public interest, he may refuse such lease, license, permit, or other privilege, or forfeit any lease or privilege wherein the parties interested have become otherwise interested as aforesaid.

Source credit: (Mar. 3, 1891, ch. 533, § 4, 26 Stat. 843; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1407.)

history & why it existsrecord from the source credit
  • 1891Enacted · Act of Mar. 3, 1891, ch. 533 · 26 Stat. 843
  • 1921Amended · Act of Mar. 4, 1921, ch. 161 · 41 Stat. 1407

A history note hasn’t been published yet. The record shows enactment by ch. 533 on 1891-03-03.

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