16 U.S.C. § 365 — Taxation, under State laws

Page 196 TITLE 16—CONSERVATION § 364 hot water, and to prevent its waste, including full power to authorize the superintendent of said park to make examination and inspection at any time of the manner of using the hot water at any bathtub, that it may be used in proper quantity only, and to prevent its waste; and also full power to provide and fix reasonable maximum charges for all baths, or bathing privileges, or services of any person connected with any bathhouse furnished to bathers; and for reasonable maximum charges to guests at the Arlington Hotel; and also, generally, the Sec- retary of the Interior may make all necessary rules and regulations as to said bathhouses and the service therein as shall be deemed best for the public interest, and to provide penalties for the violation of any regulation which may be enforced as though provided by Act of Congress. All leases and grants of hot-water privileges shall be held to be subject to all regulations in force on March 3, 1891, or which may be adopted by the Secretary of the Interior, and for any vio- lation of any regulation, known to the propri- etor at the time of the offense, the lease or grant may be canceled by the Secretary of the Interior. It shall be expressly provided in all leases and grants of privilege for hot water that the bathhouse for which provision is made shall not be owned or controlled by any person, com- pany, or corporation which may be the owner of or interested (as stockholder or otherwise) in any other bathhouse on or near the Hot Springs National Park; that neither the hot-water privi- lege granted nor any interest therein, nor the right to operate or control said bathhouse, shall be assigned or transferred by the party of the second part without the approval of the Sec- retary of the Interior first obtained, in writing; and if the ownership or control of said bath- house be transferred to any person, company, or corporation owning or interested in any other bathhouse on or near said reservation, the Sec- retary of the Interior may, for that cause, de- prive the bathhouse provided for of the hot water and cancel the lease or agreement. All buildings to be erected in the Hot Springs Na- tional Park shall be on plans first approved by the Secretary of the Interior, and shall be re- quired to be fireproof, as nearly as practicable. (Mar. 3, 1891, ch. 533, § 3, 26 Stat. 843; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1407.) Editorial Notes CODIFICATION A clause at the beginning of this section as originally enacted, retaining and continuing in the Secretary of the Interior all power then possessed by him for the regulating of leases of bath houses, bathhouse privi- leges, or hotel rights on the reservation, or supplying hot water to places off the reservation was omitted for purposes of codification. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Hot Springs National Park’’ substituted in text for ‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921. § 364. Investigation of applicant for lease or con- tract 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, inter- ested 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 asso- ciation 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 stock- holders of any other corporation or association interested in any other bathhouse, lease, inter- est, or privilege as aforesaid, and in order to ar- rive at the facts in any such case he is author- ized 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 ap- pears to the satisfaction of the said Secretary that such interest in other bathhouse, lease, in- terest, 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 in- terests of the management of the Hot Springs National Park and waters, or for the public in- terest, he may refuse such lease, license, permit, or other privilege, or forfeit any lease or privi- lege wherein the parties interested have become otherwise interested as aforesaid. (Mar. 3, 1891, ch. 533, § 4, 26 Stat. 843; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1407.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Hot Springs National Park’’ substituted in text for ‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921. § 365. Taxation, under State laws The consent of the United States is given for the taxation, under the authority of the laws of the State of Arkansas applicable to the equal taxation of personal property in that State, as personal property of all structures and other property in private ownership on the Hot Springs National Park. (Mar. 3, 1891, ch. 533, § 5, 26 Stat. 844; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1407.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Hot Springs National Park’’ substituted in text for ‘‘Hot Springs Reservation’’ pursuant to act Mar. 4, 1921. § 366. Collection of water on reservation The authority conferred upon the Secretary of the Interior to collect the hot water upon said Hot Springs National Park shall be so construed as to require water to be collected only where such collection is necessary for its proper dis- tribution, and not where by gravity the same can be properly utilized.