§ 55. — Leases of land in park; mortgages by lessees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC55]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER VI--SEQUOIA AND YOSEMITE NATIONAL PARKS
Sec. 55. Leases of land in park; mortgages by lessees
The Secretary of the Interior is authorized and empowered to grant
leases, for periods of not exceeding twenty years, at annual rentals,
and under terms and conditions to be determined by him, to any person,
corporation, or company he may authorize to transact business in the
Yosemite National Park, for separate tracts of land, not exceeding
twenty acres each, at such places, not to exceed ten in number, to any
person, corporation, or company in said park, as the comfort and
convenience of visitors may require, for the construction and
maintenance of substantial hotel buildings and buildings for the
protection of motor cars, stages, stock and equipment, and so forth.
Such leases may, at the option of the Secretary of the Interior, contain
appropriate provisions for the appraisement, at the expiration of the
lease, of the value of such hotel and other buildings (or portions
thereof) as may be constructed by the lessees, respectively, and the
payment of the same to the lessees in case a new lease be made to
persons other than said lessees, such payments to be made by such new
lessees, respectively.
Any person or corporation or company holding a lease or leases
within said park for the purposes above described is authorized, with
the approval of the Secretary of the Interior, to execute mortgages upon
his or its rights and properties, including his or its contract or
contracts with the Secretary of the Interior; such mortgages shall be
executed in duplicate and delivered to the Secretary of the Interior for
his approval, and upon his approval thereof he shall retain one of said
duplicates and file the same for record in his office.
Any mortgage, lien, or encumbrance created under the provisions
hereof shall be subject to the rights of the Government to compel the
enforcement of the terms of the lease or contract of the mortgagor, and
any purchaser under a foreclosure of such encumbrance shall take subject
to all the conditions assumed by the original lessee or contractor.
(Oct. 1, 1890, ch. 1263, Sec. 2, 26 Stat. 651; July 23, 1914, ch. 206,
38 Stat. 554; June 12, 1917, ch. 27, Sec. 1, 40 Stat. 153.)
Codification
This section superseded earlier provisions as to leases contained in
section 2 of act Oct. 1, 1890.
As enacted by act July 23, 1914, this section contained a provision,
omitted for purposes of codification, continuing in effect all existing
laws relating to the park and not in conflict with it.
Section 1 of the act of June 12, 1917, incorporated in section 452
of this title, provides for the disposition of all revenue of National
Parks and did not directly affect this section. It may have been
considered as superseding similar provisions of the act of Oct. 1, 1890,
Sec. 2.
Section Referred to in Other Sections
This section is referred to in sections 51, 471c, 471d of this
title.
