---
kind: "range"
citation: "16 U.S.C. §§ 362–367"
title: "16"
from: "362"
to: "367"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/16/362..367"
---

# §362. Leases of bathhouses and sites; supply of water


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior is authorized and empowered to execute leases to the bathhouses and bathhouse sites in the Hot Springs [National Park](/usc/16/410hhh–1.md?p=5) for periods not exceeding twenty years, and at an annual rental of not less than $30 per tub for each tub used in any bathhouse. Said annual rental shall be payable quarterly in advance, at the office of the Government superintendent of said property, in Hot Springs, Arkansas. The same rate for water rent shall be charged for the water to all parties receiving the same, whether in or outside said [park](/usc/16/410r–5.md?p=c-3). After the Army and Navy hospital bathhouse, the public bathhouse, the bathhouses which are authorized in the said [park](/usc/16/410r–5.md?p=c-3), the Arlington Hotel, and the bathhouses outside said [park](/usc/16/410r–5.md?p=c-3) authorized on or before March 3, 1891, to be supplied with hot water, in the order herein named, if there shall still be a surplus of hot water the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may, in his discretion and under such regulations as he may prescribe, cause hot water to be furnished to bathhouses, hotels, and families outside the said [park](/usc/16/410r–5.md?p=c-3). Such bathhouses, hotels, and families shall cause all connections for obtaining such hot water to be made at their own expense. All water furnished to any hotel or family for other use than bathing shall be paid for at such reasonable price, as shall be fixed by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior. The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall at the expiration of each period of five years during the continuance of each lease readjust the terms and amounts of payment provided for therein as may be just, but not less than the minimum herein provided.


# §363. Rules and regulations


Full power is vested in the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to provide, in all leases to be executed against any combination among lessees or their assigns, as to ownership, prices, or accommodations at any bathhouse; as well as to make all needful rules and regulations as to the use of the hot water, and to prevent its waste, including full power to authorize the superintendent of said [park](/usc/16/410r–5.md?p=c-3) 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](/usc/16/450rr–1.md?p=b) connected with any bathhouse furnished to bathers; and for reasonable maximum charges to guests at the Arlington Hotel; and also, generally, the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/620e.md?p=11) 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](/usc/16/410r–5.md?p=c-1) of the Interior, and for any [violation](/usc/16/620e.md?p=11) of any regulation, known to the proprietor at the time of the offense, the lease or grant may be canceled by the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/450rr–1.md?p=b), company, or corporation which may be the [owner](/usc/16/429b–3.md?p=4) of or interested (as stockholder or otherwise) in any other bathhouse on or near the Hot Springs [National Park](/usc/16/410hhh–1.md?p=5); that neither the hot-water privilege 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 [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior first obtained, in writing; and if the ownership or control of said bathhouse be transferred to any [person](/usc/16/450rr–1.md?p=b), company, or corporation owning or interested in any other bathhouse on or near said reservation, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may, for that cause, deprive the bathhouse provided for of the hot water and cancel the lease or agreement. All buildings to be erected in the Hot Springs [National Park](/usc/16/410hhh–1.md?p=5) shall be on plans first approved by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, and shall be required to be fireproof, as nearly as practicable.


# §364. Investigation of applicant for lease or contract


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior, before executing any lease to bathhouses or bathhouse sites in the [park](/usc/16/410r–5.md?p=c-3) or contracts for the use of hot water for bathhouses outside said [park](/usc/16/410r–5.md?p=c-3), may make due investigation to ascertain whether the [person](/usc/16/450rr–1.md?p=b), [persons](/usc/16/450rr–1.md?p=b), 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](/usc/16/450rr–1.md?p=b) and papers, administer oaths to witnesses, and require affidavits from applicants; and any such [person](/usc/16/450rr–1.md?p=b) 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410hhh–1.md?p=5) 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.


# §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](/usc/16/6456.md?p=2) of Arkansas applicable to the equal taxation of personal property in that [State](/usc/16/6456.md?p=2), as personal property of all structures and other property in private ownership on the Hot Springs [National Park](/usc/16/410hhh–1.md?p=5).


# §366. Collection of water on reservation


The authority conferred upon the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior to collect the hot water upon said Hot Springs [National Park](/usc/16/410hhh–1.md?p=5) shall be so construed as to require water to be collected only where such collection is necessary for its proper distribution, and not where by gravity the same can be properly utilized.


# §367. Sale of lots


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior may direct the public sale of all unsold Government lots in Hot Springs [National Park](/usc/16/410hhh–1.md?p=5), and not permanently reserved on March 3, 1891, at the city of Hot Springs, after having had the same reappraised, and also advertised as required by law, and no lot shall be sold at less than the appraised price.