§ 47-2. — Leases for employee housing, community facilities, administrative offices, maintenance facilities, and commercial services at or on administrative site.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC47-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI--SEQUOIA AND YOSEMITE NATIONAL PARKS
Sec. 47-2. Leases for employee housing, community facilities,
administrative offices, maintenance facilities, and commercial
services at or on administrative site
In furtherance of the purposes of section 47-1 of this title, the
Secretary of the Interior is authorized, notwithstanding any other
provision of law, to lease lands within the El Portal administrative
site for periods of not to exceed ninety-nine years to any individual,
including an employee of the United States Government, to any operator
of concession facilities in the park, or the administrative site, or its
successor, or to any public or private corporation or organization
(including a nonprofit corporation) for purposes of providing employee
housing, community facilities, administrative offices, maintenance
facilities, and commercial services. Such leases shall provide that if
the lessee is a concessioner, corporation, or other organization
(including a nonprofit corporation) such lessee may sublease the
property to its employees, employees of the United States Government, or
other individuals whose residence on the leased premises is solely in
support of Yosemite National Park or the El Portal administrative site
for terms not to exceed the remaining terms of such leases, and they
shall be subject to such terms and conditions as the Secretary of the
Interior may require to assure appropriate administration, protection,
and development of the land for purposes incident to the provisions of
facilities and services required in the operation and administration of
the park: Provided, That the Secretary of the Interior shall grant such
leases in consideration of payment to the United States of the fair
rental value of the leased lands, as determined by him.
(Pub. L. 90-409, Sec. 1, July 21, 1968, 82 Stat. 393; Pub. L. 99-542,
Sec. 1(1)-(3), Oct. 27, 1986, 100 Stat. 3037.)
Codification
Section formerly consisted of subsecs. (a) and (b) which were based
on sections 1 and 2, respectively, of Pub. L. 90-409. Section 2 was
renumbered section 3 of Pub. L. 90-409 and is classified to section 47-4
of this title. A new section 2 of Pub. L. 90-409 was added and is
classified to section 47-3 of this title.
Amendments
1986--Pub. L. 99-542 substituted ``not to exceed ninety-nine years
to any individual, including an employee of the United States
Government, to any operator of concession facilities in the park, or the
administrative site, or its successor, or to any public or private
corporation or organization (including a nonprofit corporation) for
purposes of providing employee housing, community facilities,
administrative offices, maintenance facilities, and commercial
services'' for ``fifty-five years to any operator of concession
facilities in the park, or its successor, for purposes of providing
employee housing'', substituted ``if the lessee is a concessioner,
corporation, or other organization (including a nonprofit corporation)
such lessee may sublease the property to its employees, employees of the
United States Government, or other individuals whose residence on the
leased premises is solely in support of Yosemite National Park or the El
Portal administrative site'' for ``the concessioner may sublease the
property to its employees'', struck out ``an annual'' before ``payment''
in proviso, and substituted a period for ``at the beginning of each
calendar year'' after ``him''.
Limitation on New Spending Authority
Section 2 of Pub. L. 99-542 provided that: ``Any new spending
authority (within the meaning of section 401 of the Congressional Budget
and Impoundment Control Act of 1974 [2 U.S.C. 651]) which is provided
under this Act [enacting sections 47-3 to 47-6 of this title and
amending section 47-2 of this title] shall be effective for any fiscal
year only to the extent or in such amounts as provided in appropriation
Acts or to the extent that proceeds are available from any leases issued
by the Secretary pursuant to the first section of this Act [probably
means section 1 of Pub. L. 90-409, 16 U.S.C. 47-2].''
Section Referred to in Other Sections
This section is referred to in sections 47-3, 47-4, 47-6 of this
title.
