§ 222. Administration, concessions, and privileges; contracts for sale of water

Statutory text

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.

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1919
Pub. L. 65–44 § 2 · 40 Stat. 248
Enacted · 16 U.S.C. § 222
Feb. 26, 1919, ch. 44, § 2, 40 Stat. 1177
Source evidence
Code source credit
Feb. 26, 1919, ch. 44, § 2, 40 Stat. 1177
Enacted provision · exact public law section
Sec. 2. That any settler upon the public lands of the United States; or any entryman whose application has been allowed; or any person who has made application for public lands which thereafter may be allowed under the homestead laws, who dies while actually engaged in the military or naval service of the United States as a private soldier, officer, seaman, marine, national guardsman, or member of any other organization for offense or defense authorized by Congress during any war in which the United States may be engaged, then his widow, if unmarried, or in case of her death or marriage, his minor orphan children, or his or their legal representatives, may proceed forthwith to make final proof upon such entry or application thereafter allowed, and shall be entitled to receive Government patent for such land; and that the death of such soldier while so engaged in the service of the United States shall, in the administration of the homestead laws, be construed to be equivalent to a performance of all requirements as to residence and cultivation upon such homestead.
1978
Pub. L. 95–586 title XII · 92 Stat. 2485
Inserted · 16 U.S.C. § 222
Pub. L. 95–586 inserted provisions authorizing the Secretary to contract for the sale of water located within the park for use of customers within Tusayan, Arizona
Source evidence
Code amendment note
Pub. L. 95–586 inserted provisions authorizing the Secretary to contract for the sale of water located within the park for use of customers within Tusayan, Arizona.
Enacted provision · exact public law
TITLE XII— GRAND CANYON NATIONAL PARK The Act of February 26, 1916 (40 Stat. 1177; 16 U.S.C. 222) is amended by adding the following sentence: “Under such terms and conditions as he deems advisable and consistent with the requirements of section 483a of title 31 hereof, the Secretary is authorized, without 31 USC 483a. 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.”.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Act of August twenty-fifth, nineteen hundred and sixteen, entitled “An Act to establish a National Park Service, and for other purposes”, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Codification

“Section 9701 of title 31” substituted in text for “section 483a of title 31” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1978—Pub. L. 95–586 inserted provisions authorizing the Secretary to contract for the sale of water located within the park for use of customers within Tusayan, Arizona.

Statutory Notes and Related Subsidiaries

Special United States Magistrate Judge for Grand Canyon National Park

Appointment by United States District Court for the District of Arizona of a special commissioner [now United States magistrate judge] for the Grand Canyon National Park, see Pub. L. 86–258, Sept. 14, 1959, 73 Stat. 546, as amended, formerly set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Credits

1919–1978 · 2 acts

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

Show as published

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