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(continued)
bathhouse, shall be assigned or transferred by the party of the
second part without the approval of the Secretary of the Interior
first obtained, in writing; and if the ownership or control of said
bathhouse be transferred to any person, company, or corporation
owning or interested in any other bathhouse on or near said
reservation, the Secretary 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 shall be on plans first approved by the Secretary of
the Interior, and shall be required to be fireproof, as nearly as
practicable.

-SOURCE-
(Mar. 3, 1891, ch. 533, Sec. 3, 26 Stat. 843; Mar. 4, 1921, ch.
161, Sec. 1, 41 Stat. 1407.)

-COD-
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A clause at the beginning of this section as originally enacted,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 privileges, or hotel rights on the reservation, or
supplying hot water to places off the reservation was omitted for
purposes of codification.

-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 368 of this title.

-End-



-CITE-
16 USC Sec. 364 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 364. Investigation of applicant for lease or contract

-STATUTE-
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, 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 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 appears to the satisfaction of the said Secretary 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 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.

-SOURCE-
(Mar. 3, 1891, ch. 533, Sec. 4, 26 Stat. 843; Mar. 4, 1921, ch.
161, Sec. 1, 41 Stat. 1407.)

-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 368 of this title.

-End-



-CITE-
16 USC Sec. 365 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 365. Taxation, under State laws

-STATUTE-
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.

-SOURCE-
(Mar. 3, 1891, ch. 533, Sec. 5, 26 Stat. 844; Mar. 4, 1921, ch.
161, Sec. 1, 41 Stat. 1407.)

-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 368 of this title.

-End-



-CITE-
16 USC Sec. 366 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 366. Collection of water on reservation

-STATUTE-
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 distribution, and not where
by gravity the same can be properly utilized.

-SOURCE-
(Mar. 3, 1891, ch. 533, Sec. 6, 26 Stat. 844; Mar. 4, 1921, ch.
161, Sec. 1, 41 Stat. 1407.)

-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 368 of this title.

-End-



-CITE-
16 USC Sec. 367 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 367. Sale of lots

-STATUTE-
The Secretary of the Interior may direct the public sale of all
unsold Government lots in Hot Springs National Park, 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.

-SOURCE-
(Mar. 3, 1891, ch. 533, Sec. 7, 26 Stat. 844; Mar. 4, 1921, ch.
161, Sec. 1, 41 Stat. 1407.)

-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 368 of this title.

-End-



-CITE-
16 USC Sec. 368 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 368. Operation of bathhouse in connection with hotel

-STATUTE-
Nothing in sections 362 to 367 of this title shall be so
construed as to prevent the stockholders of any hotel from
operating a bathhouse in connection with such hotel as a part
thereof.

-SOURCE-
(Mar. 3, 1891, ch. 533, Sec. 8, 26 Stat. 844.)

-End-



-CITE-
16 USC Sec. 369 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 369. Charges assessable against bath attendants and masseurs
and physicians prescribing use of hot waters

-STATUTE-
The Secretary of the Interior is authorized to assess and collect
from physicians who desire to prescribe the hot waters from the Hot
Springs National Park reasonable fees for examination and
registration; and he is also authorized to assess and collect from
bath attendants and masseurs operating in bathhouses receiving hot
water from the park reasonable annual charges to cover the cost of
physical examinations.

-SOURCE-
(June 5, 1920, ch. 235, Sec. 1, 41 Stat. 918; Mar. 4, 1921, ch.
161, Sec. 1, 41 Stat. 1407; Mar. 2, 1931, ch. 365, 46 Stat. 1462.)

-COD-
CODIFICATION
As originally enacted, this section authorized reasonable charges
against physicians, including fees for examination and
registration. It also authorized collection of reasonable charges
from bath attendants and masseurs, and provided that the moneys
received should be used in the protection and improvement of the
park.


-MISC1-
AMENDMENTS
1931 - Act Mar. 2, 1931, struck out provision that moneys
received from the assessment and collection of fees were to be used
for the protection and improvement of the park.

-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.

-End-



-CITE-
16 USC Sec. 370 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 370. Omitted

-COD-
CODIFICATION
Section, act Aug. 24, 1912, ch. 355, Sec. 1, 37 Stat. 459,
related to lease of Arlington Hotel site. See section 370a of this
title.

-End-



-CITE-
16 USC Sec. 370a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 370a. Retention of Arlington Hotel site for park and landscape
purposes

-STATUTE-
The site within the Hot Springs National Park fronting on Central
Avenue and on Fountain Street, leased by the Secretary of the
Interior pursuant to the authority of Act of August 24, 1912
(chapter 355, 37 Statutes 459) to the Arlington Hotel Company, and
occupied by the hotel and bathhouse building of said company until
it burned on April 5, 1923, shall upon the expiration on March 6,
1932, of the existing lease therefor with the said Arlington Hotel
Company, be kept, retained, and maintained by the United States for
park and landscaping purposes; and no new lease shall be granted by
the Secretary of the Interior for the erection of another hotel,
bathhouse, or other structure thereon.

-SOURCE-
(Feb. 14, 1931, ch. 180, 46 Stat. 1109.)

-REFTEXT-
REFERENCES IN TEXT
Act August 24, 1912 (chapter 355, 37 Statutes 459), referred to
in text, was not classified to the Code.

-End-



-CITE-
16 USC Sec. 371 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 371. Use of free bathhouses limited

-STATUTE-
Only persons who are without and unable to obtain the means to
pay for baths and are suffering from ailments for which bathing in
the water of the Hot Springs National Park will afford relief or
effect a cure shall be permitted to bathe at the free bathhouse on
the public reservation at Hot Springs, Arkansas, and before any
person shall be permitted to bathe at the free bathhouse on the
reservation he shall be required to make oath, before such officer
duly authorized to administer oaths for general purposes as the
superintendent of the Hot Springs National Park shall designate,
that he is without and unable to obtain the means to pay for baths,
and any person desiring to bathe at the free bathhouse on the Hot
Springs National Park making a false oath as to his financial
condition shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not less than $25 nor more than
$300 and be imprisoned for not more than sixty days.

-SOURCE-
(Mar. 2, 1911, ch. 200, 36 Stat. 1015; Mar. 4, 1921, ch. 161, Sec.
1, 41 Stat. 1407; June 26, 1936, ch. 843, 49 Stat. 1979.)


-MISC1-
AMENDMENTS
1936 - Act June 26, 1936, increased fine from not more than $25
to not less than $25 nor more than $300 and maximum prison term
from not more than 30 days to not more than 60 days.

-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.

-End-



-CITE-
16 USC Sec. 372 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 372. Laws operative within judicial district of Arkansas

-STATUTE-
The portion of the Hot Springs Mountain Reservation in the State
of Arkansas situated and lying within boundaries defined as
follows, "commencing at stone monument numbered 7, set upon the
west line of Reserve Avenue and marking the boundary line of Hot
Springs Mountain, and running thence in a northwesterly direction
to a point upon the south line of Fountain Street to a stone
monument numbered 42 and marking the boundary line of Hot Springs
Mountain; thence along the south line of Fountain Street to its
intersection with Central Avenue or to stone monument numbered 33;
thence south along the east line of Central Avenue to where the
same is intersected by Reserve Avenue at stone monument numbered
30; thence along the north boundary line of Reserve Avenue to stone
monument numbered 7, the point of commencement; all in township 2
south, range 19 west, in the county of Garland and State of
Arkansas, and also block 82, being a part of the permanent United
States Hot Springs National Park", or within such boundaries as may
be defined hereafter, shall be under the sole and exclusive
jurisdiction of the United States, and all laws applicable to
places under such sole and exclusive jurisdiction shall have full
force and effect therein. Nothing in this section and sections 373
and 374 of this title shall be so construed as to forbid the
service within said boundaries of any civil or criminal process of
any court having jurisdiction in the State of Arkansas. All
fugitives from justice taking refuge within said boundaries shall,
on due application to the executive of said State, whose warrant
may lawfully run within said territory for said purpose, be subject
to the laws which apply to fugitives from justice found in the
State of Arkansas. Said sections shall not be so construed as to
interfere with the right to tax all structures and other property
in private ownership within the boundaries above described,
according to the State of Arkansas by section 365 of this title.

-SOURCE-
(Apr. 20, 1904, ch. 1400, Secs. 1, 2, 33 Stat. 187; Mar. 3, 1911,
ch. 231, Sec. 291, 36 Stat. 1167; Sept. 18, 1922, ch. 321, 42 Stat.
847; June 24, 1946, ch. 463, Sec. 1, 60 Stat. 303; June 25, 1948,
ch. 646, Sec. 39, 62 Stat. 992.)

-COD-
CODIFICATION
Provisions at end of section making the described portion of the
park part of the United States judicial district of Arkansas and
giving jurisdiction of offenses therein to the district court were
from section 2 of act of Apr. 20, 1904, and the remainder from
section 1 of act Apr. 20, 1904.
Act Mar. 3, 1911 conferred the power of the circuit courts upon
the district courts.
Act Sept. 18, 1922, ch. 321 accepted the provisions of the Act of
the Legislature of the State of Arkansas, approved Feb. 2, 1921,
ceding to the United States exclusive jurisdiction over block 82,
aforesaid, and extended to block 82 of the provisions of this
section and sections 373, and 374 of this title.
Provision of section 1 of act Apr. 20, 1904, reciting the
acceptance of the provisions of the Act of the Arkansas Legislature
ceding to the United States exclusive jurisdiction over the
territory described in section 1 aforesaid was omitted for purposes
of codification.
The line of the reservation was changed, and the tract of land
thereby excluded was ceded to the city of Hot Springs, to be used
for street purposes only, by act May 23, 1906, ch. 2552, 34 Stat.
198.
Certain lots situated on the Hot Springs Reservation were granted
to the school district of Hot Springs by act Apr. 30, 1908, ch.
154, Sec. 1, 35 Stat. 98.
A strip of land described was ceded to the city of Hot Springs
for use as a public street, by act June 25, 1910, ch. 417, 36 Stat.
844.
The three provisions last mentioned were omitted from the Code as
executed.


-MISC1-
AMENDMENTS
1948 - Act June 25, 1948, omitted "and the above-described
portion of said park shall constitute a part of the Western United
States judicial district of Arkansas, and the district court for
said district shall have jurisdiction of all offenses committed
within said boundaries". See section 83 of Title 28, Judiciary and
Judicial Procedure, section 3231 of Title 18, Crimes and Criminal
Procedure, and rule 18 of the Federal Rules of Criminal Procedure,
Title 18, Appendix.
1946 - Act June 24, 1946, transferred the park from the
jurisdiction of the Eastern United States Judicial District of
Arkansas to the Western United States Judicial District of
Arkansas.

EFFECTIVE DATE OF 1948 AMENDMENT
Section 38 of act June 25, 1948, provided that the amendment made
by that act is effective Sept. 1, 1948.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 373 of this title.

-End-



-CITE-
16 USC Sec. 372a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 372a. Acceptance of jurisdiction over part of park;
application of laws

-STATUTE-
The conditional cession and grant to the United States of
exclusive jurisdiction over that part of the Hot Springs National
Park known as the public camp ground and described as follows:
Commencing at the stone marking at the northeast corner of the
northeast quarter of section 33, township 2 south, range 19 west,
thence east for five hundred and twenty-eight feet along the south
line of the southwest quarter of section 27, township 2 south,
range 19 west, thence north parallel with the reservation line for
one thousand three hundred and twenty feet to the north line of
said southwest quarter of the southwest quarter of section 27,
township 2 south, range 19 west, thence west for five hundred and
twenty-eight feet along north line of said southwest quarter of the
southwest quarter of section 27, township 2 south, range 19 west to
the east line of Hot Springs National Park, thence south along the
line of Hot Springs National Park to the place of beginning, in the
county of Garland, State of Arkansas, being a part of the Hot
Springs National Park, made by act of the Legislature of the State
of Arkansas, approved March 27, 1925, are accepted, and the
provisions of section 376 (!1) of this title, relating to the Hot
Springs Mountain Reservation, Arkansas, are extended to said land.


-SOURCE-
(Mar. 3, 1927, ch. 317, 44 Stat. 1359.)

-REFTEXT-
REFERENCES IN TEXT
Section 376 of this title, referred to in text, was repealed by
act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992, eff. Sept. 1,
1948. See section 636 of Title 28, Judiciary and Judicial
Procedure.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 373 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 373. Injuries to property

-STATUTE-
Any person who shall, within the tract mentioned in section 372
of this title, commit any damage, injury, or spoliation to or upon
any building, fence, hedge, gate, guidepost, tree, wood, underwood,
timber, garden, crops, vegetables, plants, land, springs, mineral
deposits, natural curiosities, or other matter or thing growing or
being thereon, or situated therein, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be subject to a
fine of not more than $100 and be adjudged to pay all costs of the
proceedings.

-SOURCE-
(Apr. 20, 1904, ch. 1400, Sec. 3, 33 Stat. 187.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 372 of this title.

-End-



-CITE-
16 USC Sec. 374 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Sec. 374. Taking or use of or bathing in water in violation of
rules and regulations

-STATUTE-
Any person who shall, except in compliance with such rules and
regulations as the Secretary of the Interior may deem necessary,
enter or attempt to enter upon said tract, take, or attempt to
take, use, or attempt to use, bathe in, or attempt to bathe in
water of any spring located thereon, or without presenting
satisfactory evidence that he or she (provided he or she is under
medical treatment) is the patient of a physician duly registered at
the office of the superintendent of the Hot Springs National Park
as one qualified, under such rules which the Secretary of the
Interior may have made or shall make, to prescribe the waters of
the Hot Springs, shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall be subject to a fine of not more than
$100, and be adjudged to pay all costs of the proceedings. No
physician who shall engage in the solicitation of patronage through
the medium of drummers, or otherwise, shall be or remain thus
registered. If any person so bathing, or attempting to bathe, or so
entering, or attempting to enter upon the described tract, shall
have the permit of a physician, such physician shall be liable to
the penalties of this section, unless he be regularly registered;
and such person shall not be liable to the penalties of this
section, unless it shall be made to appear that he knew, or had
reason to believe, that the physician giving him such permit was
not regularly registered.

-SOURCE-
(Apr. 20, 1904, ch. 1400, Sec. 4, 33 Stat. 188; Mar. 4, 1921, ch.
161, Sec. 1, 41 Stat. 1407.)

-CHANGE-
CHANGE OF NAME
"Hot Springs National Park" substituted in text for "Hot Springs
Reservation" pursuant to act Mar. 4, 1921.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 372 of this title.

-End-



-CITE-
16 USC Secs. 375 to 383 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XL - HOT SPRINGS NATIONAL PARK

-HEAD-
Secs. 375 to 383. Repealed. June 25, 1948, ch. 646, Sec. 39, 62
Stat. 992, eff. Sept. 1, 1948

-MISC1-
Section 375, act Apr. 20, 1904, ch. 1400, Sec. 5, 33 Stat. 188,
related to offenses under State law. See section 13 of Title 18,
Crimes and Criminal Procedure.
Section 376, acts Apr. 20, 1904, ch. 1400, Sec. 6, 33 Stat. 188;
Mar. 2, 1907, ch. 2516, Secs. 1, 2, 34 Stat. 1218; Mar. 3, 1911,
ch. 230, 36 Stat. 1086; June 24, 1946, ch. 463, Sec. 2, 60 Stat.
303, related to prosecutions for violations of law or rules and
regulations. See section 636 of Title 28, Judiciary and Judicial
Procedure.
Section 377, acts Apr. 20, 1904, ch. 1400, Sec. 7, 33 Stat. 188;
Mar. 2, 1907, ch. 2516, Sec. 2, 34 Stat. 1218; June 24, 1946, ch.
463, Sec. 3, 60 Stat. 303, related to issuance of process. See
sections 3041 and 3141 of Title 18, Crimes and Criminal Procedure,
and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure,
Title 18, Appendix.
Section 378, acts Apr. 20, 1904, ch. 1400, Sec. 8, 33 Stat. 189;
Mar. 2, 1907, ch. 2516, Sec. 2, 34 Stat. 1218; June 24, 1946, ch.
463, Sec. 4, 60 Stat. 303, related to process directed to marshal.
See section 3053 of Title 18, rule 4 of Federal Rules of Criminal
Procedure, Title 18, Appendix, and rule 4 of Federal Rules of Civil
Procedure, Title 28, Appendix, Judiciary and Judicial Procedure.
Section 379, acts Apr. 20, 1904, ch. 1400, Sec. 9, 33 Stat. 189;
Mar. 2, 1907, ch. 2516, Sec. 2, 34 Stat. 1218; June 24, 1946, ch.
463, Sec. 5, 60 Stat. 303, related to fees of commissioner [now
magistrate judge]. See section 634 of Title 28.
Section 380, acts Apr. 20, 1904, ch. 1400, Sec. 11, 33 Stat. 189;
Mar. 2, 1907, ch. 2516, Sec. 2, 34 Stat. 1218, related to
disposition of fines and costs. See section 634 of Title 28.
Section 381, acts Apr. 20, 1904, ch. 1400, Sec. 13, 33 Stat. 189;
Mar. 2, 1907, ch. 2516, Sec. 2, 34 Stat. 1218, related to execution
of sentence of conviction. See section 3041 of Title 18, Crimes and
Criminal Procedure.
Section 382, acts Apr. 20, 1904, ch. 1400, Sec. 12, 33 Stat. 189;
June 24, 1946, ch. 463, Sec. 6, 60 Stat. 303, related to
imprisonment for nonpayment of fines or costs. See section 3041 of
Title 18.
Section 383, act Apr. 20, 1904, ch. 1400, Sec. 10, 33 Stat. 189,
related to fees chargeable to United States. See section 604 of
Title 28, Judiciary and Judicial Procedure.

-End-


-CITE-
16 USC SUBCHAPTER XLI - HAWAII NATIONAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK

-HEAD-
SUBCHAPTER XLI - HAWAII NATIONAL PARK

-End-



-CITE-
16 USC Sec. 391 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK

-HEAD-
Sec. 391. Establishment; boundaries

-STATUTE-
The tracts of land on the island of Hawaii and on the island of
Maui, in the Territory of Hawaii, hereinafter described, shall be
perpetually dedicated and set apart as a public park or pleasure
ground for the benefit and enjoyment of the people of the United
States, to be known as Hawaii National Park. Said tracts of land
are described as follows:
First. All that tract of land comprising portion of the lands of
Kapapala and Keauhou, in the District of Kau, and portions of the
lands of Keaau, Kahaualea, Panaunui, and Apua, in the District of
Puna, containing approximately thirty-four thousand five hundred
and thirty-one acres, bounded as follows:
Beginning at a point on the west edge of the Keamoku Aa Flow
(lava flow of 1823), the coordinates of said point of beginning
referred to Government Survey Trigonometry Station "Uwekahuna",
being four thousand seven hundred and six and six-tenths feet south
and seventeen thousand nine hundred and seventy and three-tenths
feet west, and the true azimuth and distance from said point of
beginning to Government Survey Trigonometry Station "Ohaikea",
being one hundred and sixty-six degrees and twenty minutes, six
thousand three hundred and fifty feet, and running by true azimuths
-
1. Along the west edge of the Keamoku Aa Flow in a northeasterly
and northwesterly direction, the direct azimuth and distance being
one hundred and ninety-eight degrees and ten minutes fourteen
thousand seven hundred feet;
2. Two hundred and fifty-six degrees, eleven thousand four
hundred feet across the land of Kapapala and Keauhou to a marked
point on the Humuula Trail;
3. Three hundred and twenty-eight degrees and fifteen minutes
eight thousand seven hundred and twenty-five feet across the land
of Keauhou to the top of the fault north and the Kau Road;
4. Thence along the fault in a northeasterly direction along the
remainder of Keauhou to a pipe, the direct azimuth and distance
being two hundred and fifty-one degrees and thirty minutes four
thousand three hundred and thirty feet;
5. Two hundred and eighty-six degrees five hundred and thirty
feet along the remainder of Keauhou;
6. Two hundred and ninety-eight degrees nine hundred and sixty
feet along same;
7. Two hundred and eighty-three degrees and forty-eight minutes
one thousand one hundred and forty-six and five-tenths feet along
same to a pipe;
8. Two hundred and sixty-seven degrees and twenty minutes one
thousand and twenty-seven and five-tenths feet along same;
9. Two hundred and ninety-three degrees and ten minutes one
thousand and fifty feet along same to a pipe;
10. Three hundred and twenty-one degrees and forty-six minutes
one thousand one hundred and eleven and three-tenths feet along
same;
11. Three hundred and thirty-three degrees and fifty minutes one
thousand one hundred feet along same;
12. Three hundred and twenty-seven degrees and twenty minutes one
thousand nine hundred and forty feet along same;
13. Two hundred and eighty-three degrees and thirty-nine minutes
two thousand and fifty-seven and four-tenths feet along same to a
pipe;
14. Three hundred and thirty-three degrees and twenty minutes two
hundred and fifty feet along same to a pipe on the north side of
Government Main Road at junction with the Keauhou Road, said pipe
being by true azimuth and distance two hundred and ninety-five
degrees and twelve minutes six thousand one hundred and sixty-seven
and one-tenth feet from Government Survey Trigonometry Station
"Volcano House Flag";
15. Three hundred and thirty-three degrees and twenty minutes
three thousand two hundred and eighty-three and two-tenths feet
along the remainder of Keauhou to a pipe;
16. Three hundred and fifty-four degrees and fifty-four minutes
sixty feet along the remainder of Keaau;
17. Two hundred and thirty-one degrees and thirty-one minutes one
thousand six hundred and seventy-eight and eight-tenths feet along
same;
18. Three hundred and eighteen degrees eight hundred and sixteen
and four-tenths feet along same to the boundary between the lands
of Keaau and Kahaualea;
19. Seventy-two degrees and forty-five minutes one thousand two
hundred and thirty-three and three-tenths feet along the land of
Kahaualea to a pipe;
20. Forty-eight degrees six hundred and thirty-four feet along
the remainder of Kahaualea to a pipe on the Kahaualea-Keauhou
boundary;
21. Three hundred and thirty-two degrees and ten minutes six
thousand five hundred and fifty-one and four-tenths feet along the
Kahaualea-Keaau boundary to a pipe;
22. Two hundred and eighty-one degrees thirty thousand three
hundred and one and seven-tenths feet along the remainder of
Kahaualea to a pipe;
23. Thirty-one degrees and thirty minutes thirteen thousand and
seventy-four and seven-tenths feet along the remainder of Kahaualea
and Panaunui to a pipe, passing over a pipe at five thousand nine
hundred and twenty-two and two-tenths feet on the
Kahaualea-Panaunui boundary;
24. Eighty-nine degrees and ten minutes thirty-two thousand nine
hundred feet along the remainder of Panaunui, across the lands of
Apua and Keauhou to "Palilele-o-Kalihipaa", at an angle in the
Keauhou-Kapapala boundary marked by a pile of stones, passing over
pipes at three thousand five hundred and seventy-two and
eight-tenths feet on the Panaunui-Apua boundary and eight thousand
four hundred and thirty-five and three-tenths feet;
25. Fifty-one degrees fifty minutes and thirty seconds five
thousand four hundred and thirty feet across the land of Kapapala;
26. One hundred and two degrees and fifty minutes nineteen
thousand one hundred and fifty feet across same to a small cone
about one thousand five hundred feet southwest of "Puu Koae";
27. One hundred and sixty-six degrees and twenty minutes
twenty-one thousand feet across the land of Kapapala to the point
of beginning; and all of those lands lying within the boundary
above described are included in and made a part of the Hawaii
National Park subject to all laws and regulations pertaining to
said park.
Second. All that tract of land comprising portions of the lands
of Kapapala and Kahuku, in the district of Kau, island of Hawaii;
Keauhou second, in the district of North Kona; and Kaohe, in the
district of Hamakua, containing seventeen thousand nine hundred and
twenty acres, bounded as follows: Beginning at Pohaku Hanalei of
Humuula, a small cone on the brow of Mauna Loa, and at the common
boundary points of the lands of Humuula, Kapapala, and Kaohe, from
which the true azimuth and distance to Government survey
trigonometrical station Omaokoili is one hundred and ninety-five
degrees twelve minutes eighteen seconds, seventy-eight thousand two
hundred and eighty-six feet, and running by true azimuths: First,
two hundred and ninety-eight degrees, five thousand two hundred and
forty feet; second, twenty-eight degrees, thirty-six thousand nine
hundred and sixty feet; third, one hundred and eighteen degrees,
twenty-one thousand one hundred and twenty feet; fourth, two
hundred and eight degrees, thirty-six thousand nine hundred and
sixty feet; fifth, two hundred and ninety-eight degrees, fifteen
thousand eight hundred and eighty feet, to the point of beginning.
Third. A strip of land of sufficient width for a road to connect
the two tracts of land on the island of Hawaii above described, the
width and location of which strip shall be determined by the
Secretary of the Interior.
Fourth. All that tract of land comprising portions of the lands
of Honuaula and Kula, in the district of Makawao, and Kipahulu,
Kaupo, and Kahikinui, in the district of Hana, on the island of
Maui, containing approximately twenty-one thousand one hundred and
fifty acres, bounded as follows: Beginning at a point called
Kolekole, on the summit near the most western point of the rim of
the crater of Haleakala, and running by approximate azimuths and
distances: First, hundred and ninety-three degrees forty-five
minutes, nineteen thousand three hundred and fifty feet along the
west slope of the crater of Haleakala to a point called Puu-o-Ili;
second, two hundred and sixty-eight degrees, twenty-three thousand
feet up the western slope and across Koolau Gap to the point where
the southwest boundary of Koolau Forest Reserve crosses the east
rim of Koolau Gap; third, three hundred and six degrees thirty
minutes, seventeen thousand one hundred and fifty feet along the
southwest boundary of Koolau Forest Reserve to a point called
Palalia, on the east rim of the crater of Haleakala; fourth, along
the east rim of the crater of Haleakala, the direct azimuth and
distance being three hundred and fifty-four degrees fifteen
minutes, eighteen thousand three hundred feet, to a point on the
east rim of Kaupo Gap, shown on Hawaiian Government survey maps at
an elevation of four thousand two hundred and eight feet; fifth,
eighty-eight degrees forty-five minutes, three thousand three
hundred feet, across Kaupo Gap to a point called Kaumikaohu, on the
boundary line between the lands of Kipahulu and Kahikinui; sixth,
one hundred and two degrees and thirty minutes, forty thousand
seven hundred and fifty feet, along the south slope of the crater
of Haleakala to the point of beginning.
Fifth. All that tract of land comprising a portion of the Kau
Desert, Kapapala, in the district of Kau, on the island of Hawaii,
containing forty-three thousand four hundred acres, more or less,
bounded as follows: Beginning at a galvanized-iron nail driven into
the pahoehoe at the northeast corner of this tract of land, at a
place called Palilele-o-Kalihipaa, and on the boundary between the
lands of Kapapala and Keauhou, the coordinates of said point of
beginning referred to Government survey trigonometrical station
Uwekahuna, being twenty-six thousand and ten and four-tenths feet
south and nine thousand nine hundred and thirty-two and four tenths
feet east, as shown on Government survey registered map numbered
two thousand three hundred and eighty-eight and running by true
azimuths: First, three hundred and fifty degrees forty-three
minutes, thirty thousand and twenty-three feet, along the land of
Kapapala to a point at seacoast; second, thence in a west and
southwesterly direction along the seacoast to a station on a large
flat stone, at a place called Na-Puu-o-na-Elemakule, at the
seacoast boundary point of the lands of Kapapala and Kaalaala, the
direct azimuth and distance being sixty-nine degrees thirty-four
minutes thirty seconds, thirty-two thousand and forty-three feet;
third, eighty-nine degrees twenty-seven minutes thirty seconds,
thirty thousand six hundred and ninety feet, along the land of
Kaalaala to the main 1868 lava crack, said point being by true
azimuth and distance two hundred and ninety-six degrees
twenty-seven minutes thirty seconds, twenty-one hundred feet from
Government survey trigonometrical station Puu Nahala; fourth,
thence up along the main 1868 lava crack, along the Kapapala
pastoral lands to a small outbreak of lava from the 1868 lava
crack, opposite the Halfway House, the direct azimuth and distance
being one hundred and ninety-eight degrees, thirty-two thousand
five hundred and fifty feet; fifth, two hundred and thirty degrees
twenty-five minutes, twenty-seven thousand six hundred and fifteen
feet, along the Kapapala pastoral lands to the west boundary of the
Kilauea section, Hawaii National Park; sixth, three hundred and
forty-six degrees twenty minutes, six thousand seven hundred and
forty-two feet, along said west boundary to a small cone; seventh,
two hundred and eighty-two degrees fifty minutes, nineteen thousand
one hundred and fifty feet, along the south boundary of said
Kilauea section, Hawaii National Park; eighth, two hundred and
thirty-one degrees fifty minutes thirty seconds, five thousand four
hundred and thirty feet, along said south boundary to the point of
beginning. The Federal Power Act [16 U.S.C. 791a et seq.] shall not
apply to or extend over lands defined in subdivision 5.

-SOURCE-
(Aug. 1, 1916, ch. 264, Sec. 1, 39 Stat. 432; May 1, 1922, ch. 174,
42 Stat. 503; Apr. 11, 1928, ch. 359, Sec. 1, 45 Stat. 424.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, was in the original
the "Act of June 10, 1920, entitled 'An Act to create a Federal
power commission; to provide for the improvement of navigation; the
development of water power; the use of the public lands in relation
thereto; and to repeal section 18 of the River and Harbor
Appropriation Act, approved August 8, 1917, and for other purposes'
", and was redesignated the Federal Power Act by section 791a of
this title. The Federal Power Act is act June 10, 1920, ch. 285, 41
Stat. 1063, as amended, and is classified generally to chapter 12
(Sec. 791a et seq.) of this title. For complete classification of
this Act to the Code, see section 791a of this title and Tables.

-COD-
CODIFICATION
Subd. Fifth is from sections 1 and 2 of act May 1, 1922. Section
1 of act May 1, 1922, in addition to describing the tract, recited
that it was the tract set aside for park purposes on Oct. 29, 1920,
by executive order of the governor of the territory of Hawaii.
The last sentence of this section is from section 2 of act May 1,
1922. The remainder of said section 2, omitted from the Code as
having been given effect by the insertion of the last paragraph of
the section, extended over the described territory the provisions
of act Aug. 1, 1916, incorporated in this section and sections 393
and 394 of this title, and the provisions of act Aug. 25, 1916, ch.
408, 39 Stat. 535, 536, incorporated in sections 1, 2, 3, and 4 of
this title; and all Acts supplementary to and amendatory of said
Acts.


-MISC1-
AMENDMENTS
1928 - Act Apr. 11, 1928, amended subd. First generally.

SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-380, Sec. 1, Nov. 12, 1998, 112 Stat. 3401, as
amended by Pub. L. 106-510, Sec. 3(a)(2), Nov. 13, 2000, 114 Stat.
2363, provided that: "This Act [amending section 391b of this
title] may be cited as the 'Hawai'i Volcanoes National Park
Adjustment Act of 1998'."

ADMISSION OF HAWAII AS STATE
Admission of Hawaii into the Union was accomplished Aug. 21,
1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868,
73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3,
Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491
of Title 48, Territories and Insular Possessions.

HAWAI'I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situated on island
of Hawaii as Hawai'i Volcanoes National Park, effective Sept. 22,
1961, see section 391d of this title.

HALEAKALA NATIONAL PARK
Establishment of detached portion of Hawaii National Park lying
on island of Maui as Haleakala National Park, effective July 1,
1961, see section 396b of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 391b-1, 391c, 391d, 392,
393 of this title.

-End-



-CITE-
16 USC Sec. 391a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK

-HEAD-
Sec. 391a. Boundary on island of Maui changed

-STATUTE-
The boundary of the Hawaii National Park on the island of Maui is
changed to read as follows:
Beginning at a triangle on set stone, said mark being the
Government survey triangulation station Puu Nianiau in the land of
Kalialinui, and running by true azimuths:
1. Three hundred degress fifty-seven minutes thirty seconds
eleven thousand seven hundred and sixty-nine and three-tenths feet
along the remaining portion of the land of Kalialinui to a concrete
monument marked Number 1 on spur and on the west edge of Koolau
Gap.
2. Two hundred and ninety-seven degrees forty-seven minutes
thirty seconds fourteen thousand six hundred and fifty-two and
six-tenths feet along same and across Koolau Gap to a concrete
monument marked Number 3, the true azimuth and distance from said
monument to Government survey triangulation station Hanakauhi being
forty-five degrees fourteen minutes nine hundred and eighty-eight
feet.
3. Two hundred and sixty-nine degrees fifty-seven minutes thirty
seconds nine thousand and one and three-tenths feet along same to a
concrete monument marked Number 7 on the southwest boundary of the
land of Haiku.
4. Three hundred and six degrees thirty-nine minutes three
thousand nine hundred and thirteen and four-tenths feet along the
southwest boundary of the land of Haiku to a cross on large flat
rock called Pohaku Palaha.
5. Two hundred and seventy-three degrees seven minutes four
hundred and forty feet along the Nahiku tract to Government survey
triangulation station Pakihi.
6. Thence following along summit of dividing ridge between
Haleakala crater and Kipahulu Valley to an ahu at a place called
Pakihi, the direct azimuth and distance being three hundred and
fifty degrees four minutes thirty seconds seven thousand four
hundred and fourteen and seven-tenths feet.
7. Thence along Government land and following along rim of the
crater and crest of wall of Kaupo Gap to a four inch by four inch
redwood post, the direct azimuth and distance being three hundred
and fifty-six degrees forty-one minutes ten thousand eight hundred
and sixty-seven and nine-tenths feet.
8. Eighty-six degrees one minute thirty seconds six thousand
seven hundred and seventy-seven and four-tenths feet along grant
3457, lot 1, to A. V. Marciel, and the remaining portion of the
land of Nuu (R. P. 8049, L. C. A. 6239 Apana 2 to Kalaimoku),
passing over a cross on stone at Kauhaokamoa at three thousand four
hundred and forty-one and eight-tenths feet and passing over an
iron pipe on the west edge of the Koolau Gap at five thousand eight
hundred and seventy-four feet.
9. One hundred and thirty-eight degrees forty-two minutes thirty
seconds nine thousand five hundred and seventy-four and two-tenths
feet along the remaining portion of said land of Nuu to a cross on
rock, the true azimuth and distance to Government survey
triangulation station Haleakala 2 being one hundred and
seventy-nine degrees thirteen minutes fifteen seconds nine hundred
and forty-three and two-tenths feet.
10. Ninety-one degrees thirty-four minutes forty-five seconds
nine thousand nine hundred and sixty and four-tenths feet along
same to a concrete monument marked Number 14, the true azimuth and
distance from said monument to an arrow on rock called Kumuiliahi,
marking the northeast corner of the land of Nakula, being one
hundred and sixty-seven degrees twenty-eight minutes nine hundred
and twenty-eight and seven-tenths feet
11. Ninety degrees twenty-three minutes thirty seconds twelve
thousand two hundred and forty-nine and three-tenths feet along the
remaining portion of the lands of Nakula and Kahikinui to a
concrete monument marked Number 15.
12. One hundred and seventeen degrees fifty-two minutes thirty
seconds five thousand two hundred and nine and two-tenths feet
along the remaining portion of the land of Kahikinui to a concrete
monument marked Number 16, the true azimuth and distance from said
monument to Government survey triangulation station Kolekole, being
ninety-eight degrees thirty minutes one thousand five hundred and
forty-three and five-tenths feet.
13. One hundred and twenty-seven degrees thirty-eight minutes two
thousand one hundred and seventy-five and six-tenths feet along
same and the land of Papaanui to a concrete monument marked Number
17, the true azimuth and distance from said monument to a concrete
monument marked Number 25, which marks the south corner of the land
of Kealahou 3 and 4 being fortydegrees ten minutes thirty seconds (continued)