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four hundred and sixty-six and two-tenths feet.
14. Two hundred and thirteen degrees forty-six minutes eight
thousand two hundred and forty-one and two-tenths feet along the
remaining portions of the lands of Kealahou 3 and 4 and Pulehunui
to a concrete monument marked Number 19, the true azimuth and
distance from said monument to a "K" marked on a large lava rock
called Kilohana, at the east corner of the lands of Kealahou 3 and
4, being three hundred and twenty-three degrees fifty-three minutes
nine hundred and forty-seven and three-tenths feet.
15. One hundred and forty-three degrees fifty-three minutes six
thousand nine hundred and five and three-tenths feet along the land
of Pulehunui to a concrete monument marked Number 20.
16. One hundred and ninety-nine degrees twenty-three minutes ten
thousand seven hundred and twenty-six feet along the remaining
portion of the land of Kalialinui to the point of beginning,
passing over a concrete monument marked Number 22 at a distance of
six thousand four hundred thirty-six and seven-tenths feet;
including portions of the lands of Kealahou 3 and 4, Pulehunui,
Kalialinui, Kaupo, Nuu, Nakula, Kahikinui and Papaanui, Island of
Maui, and containing seventeen thousand one hundred and thirty
acres, more or less; 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.
-SOURCE-
(Feb. 12, 1927, ch. 111, Sec. 1, 44 Stat. 1087.)
-MISC1-
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 section 392a of this title.
-End-
-CITE-
16 USC Sec. 391b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 391b. Extension of boundaries
-STATUTE-
When title to all or any of the following-described lands on the
island of Hawaii, in the Territory of Hawaii, shall be vested in
the United States, such lands shall be, and the same are, added to
and made a part of the Hawaii National Park:
Kalapana extension (being portions of the lands of Kahaualea,
Panaunui, and Apua and all of the lands of Poupou, Pulama,
Kamoamoa, Laeapuki, Panauiki, Kealakomo, and Kahue, in the district
of Puna, and portion of the land of Keauhou, in the district of
Kau): Beginning at the United States National Ocean Survey
triangulation station Kupapau (marked by a survey tablet set in
large rock), the true azimuth and distance from said point of
beginning to the United States National Ocean Survey triangulation
station Hakuma (marked by a United States National Ocean Survey
tablet set in smooth lava outcrop and surrounded by a circular
patch of cement near edge of sea pali) being two hundred and
forty-four degrees forty minutes and fifty seconds exactly fourteen
thousand four hundred and thirteen feet and running as follows, all
azimuths being measured clockwise from true south (note azimuths of
courses 1 to 4, inclusive, are referred to Hakuma meridian):
Along the seacoast at high-water mark, in a general southwesterly
direction for the first five courses, the true azimuths and
distances between points on said seacoast being -
1. Exactly sixty-six degrees and fifteen minutes twenty-six
thousand three hundred and thirty-six and six-tenths feet to United
States National Ocean Survey station Laeapuki, marked by a survey
tablet set in mound and covered by a small cairn;
2. Exactly sixty degrees and ten minutes eighteen thousand seven
hundred feet to Kaena Point;
3. Exactly seventy-one degrees and fifty-six minutes, twenty-one
thousand three hundred and fifty feet to Apua Point;
4. Exactly ninety-eight degrees and forty-five minutes seven
thousand four hundred feet to a pipe in concrete at a place called
Okiokiahu (note: azimuths of courses 5 to 11, inclusive, are
referred to Uwekahuna meridian);
5. One hundred and nine degrees fifty-seven minutes and
twenty-two seconds ten thousand seven hundred and seventeen and
nine-tenths feet to a pipe in concrete at a place called Makaloa;
thence
6. One hundred and seventy degrees four minutes and thirty-nine
seconds exactly six thousand eight hundred feet along Hawaii
National Park, Kilauea section, to the foot of the Puueo pali;
7. Two hundred and forty-three degrees five minutes and thirty
seconds exactly one thousand nine hundred and seventy-three feet
along the foot of Puueo pali along portion of the land of Keauhou;
8. Exactly two hundred and eighty-six degrees fifty minutes
exactly nine thousand seven hundred feet along portion of the land
of Keauhou;
9. One hundred and seventy-eight degrees thirty-eight minutes and
twenty-five seconds exactly twelve thousand five hundred feet along
portion of the land of Keauhou to a pipe in concrete at top of the
Poliokeawe pali;
10. One hundred and sixty-six degrees twenty-two minutes and
twenty-four seconds twelve thousand four hundred and sixty-seven
and nine-tenths feet along portion of the land of Keauhou to a pipe
in concrete on the south boundary of Hawaii National Park, Kilauea
section;
11. Exactly two hundred and sixty-nine degrees and ten minutes
twenty-one thousand one hundred forty-six and five-tenths feet
along Hawaii National Park, Kilauea section, to a pipe (note:
azimuths of courses 12 and 13 are referred to Puu Huluhulu
meridian):
12. Exactly two hundred and eleven degrees and thirty minutes
thirteen thousand seventy-four and seven-tenths feet along Hawaii
National Park, Kilauea section, to a pipe;
13. Exactly two hundred and eighty-one degrees exactly two
thousand nine hundred and thirty-one feet along portion of the land
of Kahaualea (note: azimuths of courses 14 to 24, inclusive, are
referred to Hakuma meridian);
14. Exactly two hundred and twelve degrees and thirty minutes
exactly eight thousand and fifteen feet along the land of
Kahaualea;
15. Exactly two hundred and ninety-seven degrees and fifteen
minutes exactly twenty-four thousand five hundred and fifty-two
feet along the land of Kahaualea;
16. Exactly two hundred and forty-five degrees and fifty-eight
minutes exactly six thousand one hundred and sixty-eight feet along
the land of Kahaualea;
17. Exactly three hundred and twenty-six degrees and thirty-one
minutes exactly five thousand two hundred and forty-eight feet
along the land of Kahaualea;
18. Exactly three hundred and fifty-nine degrees and fifteen
minutes exactly four hundred and forty-five feet along the land of
Kahaualea;
19. Exactly three hundred and twenty-nine degrees exactly two
thousand two hundred and eleven feet along the land of Kahaualea;
20. Two hundred and thirty-four degrees thirty-nine minutes and
forty seconds exactly three thousand two hundred and eighty-three
feet across portion of the land of Kahaualea;
21. Exactly three hundred and thirty-eight degrees and twelve
minutes three thousand nine hundred and twenty-seven and
five-tenths feet along the land of Kapaahu;
22. Exactly three hundred and thirty-four degrees and thirty
minutes exactly one thousand seven hundred and eighty feet along
the land of Kapaahu to the south corner of grant 3208 to West
Kaloi;
23. Exactly three hundred and thirty-one degrees and thirty
minutes five thousand and ninety-seven and eight-tenths feet along
the land of Kapaahu to a point near seacoast; thence
24. To and along the seacoast at high-water mark to the point of
beginning, the true azimuth and distance being: Exactly fifty-three
degrees and eighteen minutes three thousand three hundred and
sixty-four feet.
Area, forty-nine thousand three hundred and forty acres.
Footprint extension: Beginning at the northeast corner of this
tract of land, at a point on the west edge of the Keamoku Aa Flow
(lava flow of 1823), and on the westerly boundary of Hawaii
National Park, Kilauea section, as described in Governor's
Executive Order 86, the coordinates of said point of beginning
referred to Government survey triangulation 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 triangulation station Ohaikea being
one hundred and sixty-six degrees and twenty minutes exactly six
thousand three hundred and fifty feet, as shown on Government
survey registered map 2388, and running by azimuths measured
clockwise from true south -
1. Three hundred and forty-six degrees and twenty minutes exactly
fourteen thousand two hundred and fifty-eight feet along Hawaii
National Park, Kilauea section, as described in Governor's
Executive Order 86;
2. Fifty degrees and twenty-five minutes exactly twenty-seven
thousand six hundred and fifteen feet along Hawaii National Park,
Kilauea section, as described in Governor's Executive Order 81,
thence along the remainder of the Government land of Kapapala to
the point of beginning as follows:
3. One hundred and ninety-one degrees no minutes and twenty
seconds thirteen thousand five hundred and forty-four and
five-tenths feet to a pipe at fence corner a little southwest of
the old halfway house and about twenty feet southeast of the edge
of the Government main road;
4. Two hundred and thirty-four degrees and twenty-five minutes
one thousand three hundred and seventy-seven and five-tenths feet
to a pipe on a mound of pahoehoe about ninety feet southeast of the
Government main road;
5. Two hundred and twenty degrees and forty minutes exactly one
thousand seven hundred and eighty-seven feet crossing the
Government main road to a spike in large boulder in stone wall
about one hundred and twenty-five feet north of the Government main
road; thence
6. Along stone wall over the lava flows, the boundary following
the wall in its turns and windings, the direct azimuth and distance
being: two hundred and nineteen degrees twenty-two minutes and
forty-five seconds exactly eighteen thousand one hundred and
twenty-one feet to a point in said stone wall.
7. Two hundred and thirty-eight degrees and seven minutes exactly
two hundred and fifty feet partly along stone wall to a pipe in the
middle of a corral;
8. Two hundred and thirty-four degrees and two minutes exactly
two hundred feet across corral and along stone wall to a point in
said wall;
9. Two hundred and thirty-nine degrees and thirty minutes exactly
three hundred and fifteen feet along stone wall to a pipe at end of
wall and on the south side of the old Peter Lee Road;
10. One hundred and eighty-five degrees and thirty minutes
exactly three hundred and eighty feet crossing old Peter Lee Road
and along fence to a pipe at fence corner on the west bank of a
ravine; thence
11. Following along the west bank of ravine, the direct azimuth
and distance being: two hundred and three degrees and twenty-three
minutes four hundred seventy-five and seven-tenths feet to a pipe
on the west bank of the ravine;
12. Two hundred and twenty degrees and fifty-four minutes exactly
two hundred and forty-five feet across ravine and along fence to a
spike in stone pile;
13. Two hundred and twelve degrees and forty-four minutes exactly
two hundred feet along fence to a spike in stone pile;
14. Two hundred and twenty-two degrees and fifty-three minutes
exactly two hundred and forty feet along fence to a spike in stone
pile;
15. Two hundred and twenty-five degrees and forty-six minutes
three hundred and forty and six-tenths feet to the point of
beginning and containing an area of five thousand seven hundred and
thirty acres, more or less; and, in addition, any lands adjacent or
contiguous to the Hawaii National Park as extended which, in the
discretion of the Secretary of the Interior, are necessary for the
proper rounding out of the boundaries of the park. Land (including
the land depicted on the map entitled "NPS-PAC 1997HW") may be
acquired by the Secretary through donation, exchange, or purchase
with donated or appropriated funds.
-SOURCE-
(June 20, 1938, ch. 530, Sec. 1, 52 Stat. 781; Pub. L. 105-380,
Sec. 2, Nov. 12, 1998, 112 Stat. 3401; Pub. L. 106-510, Sec. 2,
Nov. 13, 2000, 114 Stat. 2363.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-510 substituted at end "park. Land (including
the land depicted on the map entitled 'NPS-PAC 1997HW') may be
acquired by the Secretary through donation, exchange, or purchase
with donated or appropriated funds." for "park: Provided, That the
United States shall not purchase, by appropriation of public
moneys, any land within the aforesaid area, but such lands shall be
secured by the United States only by public and private donations,
except for the land depicted on the map entitled 'NPS-PAC 1997HW',
which may be purchased with donated or appropriated funds."
1998 - Pub. L. 105-380 inserted before period at end ", except
for the land depicted on the map entitled 'NPS-PAC 1997HW', which
may be purchased with donated or appropriated funds".
-CHANGE-
CHANGE OF NAME
"National Ocean Survey" substituted for "Coast and Geodetic
Survey" in second par. Coast and Geodetic Survey consolidated with
National Weather Bureau in 1965 to form Environmental Science
Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13,
1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services
Administration abolished in 1970 and its personnel, property,
records, etc., transferred to National Oceanic and Atmospheric
Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric Administration,
35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey
redesignated National Ocean Survey. See notes under section 311 of
Title 15, Commerce and Trade.
-MISC2-
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 391b-1, 391c, 392b, 392c,
396, 396a, 396c of this title.
-End-
-CITE-
16 USC Sec. 391b-1 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 391b-1. Laws applicable to added lands
-STATUTE-
The provisions of sections 1, 2, 3, 4, 391, 392, 393, and 394 of
this title and all Acts supplementary to and amendatory of said
sections are made applicable to and extended over the lands hereby
added to the park: Provided, That the provisions of the Federal
Power Act [16 U.S.C. 791a et seq.] shall not apply to or extend
over such lands.
-SOURCE-
(June 20, 1938, ch. 530, Sec. 4, 52 Stat. 785.)
-REFTEXT-
REFERENCES IN TEXT
Hereby, referred to in text, means act June 20, 1938, which is
classified to sections 391b, 391b-1, 392b, 392c, 396, and 396a of
this title. For complete classification of this Act to the Code,
see Tables.
The Federal Power Act, referred to in text, was in the original
the "Act of June 10, 1920, as amended, 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
Section is comprised of section 4 of act June 20, 1938, less last
proviso which is classified to section 392b of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 392b, 392c, 396c of this
title.
-End-
-CITE-
16 USC Sec. 391c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 391c. Withdrawal of lands for use as bombing target range
-STATUTE-
Within a tract of land containing six thousand four hundred fifty
acres, more or less, on the island of Hawaii in the Territory of
Hawaii, located in the Hawaii National Park, created by sections
391, 393 and 394 of this title, and described as follows, to wit:
Beginning at a place called Na Puu O na Elemakule located at the
southeastern corner of the Hawaii National Park, said point being
marked by a triangle on a large flat stone, thence by azimuth
(measured clockwise from true south) and distances as follows:
Eighty-nine degrees twenty-seven minutes thirty seconds, three
thousand three hundred feet along the southern boundary of Hawaii
National Park; one hundred and seventy-nine degrees twenty-seven
minutes thirty seconds, fourteen thousand five hundred and fifty
feet over and across Pali to a point on Kau Desert Plateau; two
hundred and forty-three degrees fifty-seven minutes no seconds,
eighteen thousand four hundred and fifty feet to a point located
above Hilima Pali; three hundred and fifty-nine degrees
twenty-seven minutes thirty seconds, twelve thousand nine-hundred
and ninety feet more or less to high-water line; thence in
southwesterly direction along the high-water line to the point of
beginning; containing an area of six thousand four hundred and
fifty acres, more or less; there shall be withdrawn from the
control and jurisdiction of the Secretary of the Interior and
transferred to the jurisdiction and control of the Secretary of the
Air Force so much thereof as may be agreed upon between the
Secretaries of the Air Force and Interior for use as an Air Force
bombing target range, and for such other military purposes and uses
as may be prescribed by the Secretary of the Air Force.
-SOURCE-
(July 16, 1940, ch. 630, 54 Stat. 761; July 26, 1947, ch. 343,
title II, Sec. 207(a), (f), 61 Stat. 502, 503.)
-COD-
CODIFICATION
"Air Force" substituted in text for "War" on authority of section
207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502,
503, which established a separate Department of the Air Force.
Section 207(a), (f) of act July 26, 1947, was repealed by section
53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act
Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections
8011 to 8013 continued military Department of the Air Force under
administrative supervision of Secretary of the Air Force.
For transfer of certain real property functions to Secretary of
the Air Force from Secretary of the Army, see Secretary of Defense
Transfer Order Nos. 14, eff. July 1, 1948, and 40, [App. B(65)],
July 22, 1949.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 391d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 391d. Change in name of part of Hawaii National Park
-STATUTE-
Effective September 22, 1961, the portion of the Hawaii National
Park situated on the island of Hawaii, established and administered
pursuant to sections 391, 393, and 394 of this title, as amended
and supplemented, shall be known as the Hawai'i Volcanoes National
Park.
-SOURCE-
(Pub. L. 87-278, Sept. 22, 1961, 75 Stat. 577; Pub. L. 106-510,
Sec. 3(a)(1), Nov. 13, 2000, 114 Stat. 2363.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-510 substituted "Hawai'i Volcanoes National
Park" for "Hawaii Volcanoes National Park".
-CHANGE-
CHANGE OF NAME
Pub. L. 106-510, Sec. 3(a)(2), Nov. 13, 2000, 114 Stat. 2363,
provided that: "Any reference in any law (other than this Act [see
Short Title of 2000 Amendments note set out under section 1 of this
title]), regulation, document, record, map, or other paper of the
United States to 'Hawaii Volcanoes National Park' shall be
considered a reference to 'Hawai'i Volcanoes National Park'."
-End-
-CITE-
16 USC Sec. 392 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 392. Acquisition of privately owned lands
-STATUTE-
The governor of the Territory of Hawaii is authorized to acquire,
at the expense of the Territory of Hawaii, by exchange or
otherwise, all privately owned lands lying within the boundaries of
the Hawaii National Park as defined by section 391 of this title,
and all necessary perpetual easements and rights-of-way, or
roadways, in fee simple, over or to said land or any part thereof,
but the provisions of section 73 of an Act entitled "An Act to
provide a government for the Territory of Hawaii," approved April
30, 1900, as amended by an Act approved May 27, 1910, relating to
exchanges of public lands shall not apply in the acquisition, by
exchange, of the privately owned lands herein referred to.
-SOURCE-
(Feb. 27, 1920, ch. 89, Secs. 1, 2, 41 Stat. 452, 453.)
-REFTEXT-
REFERENCES IN TEXT
Section 73 of an Act approved April 30, 1900, as amended,
referred to in text, was classified to sections 663, 664, 665 to
677b, 1509 to 1512 of Title 48, Territories and Insular
Possessions. Sections 663, 664, and 665 to 677b of Title 48 were
omitted from the Code as obsolete.
-COD-
CODIFICATION
Section 1 of act Feb. 27, 1920, is the source of that portion of
this section preceding "but the provisions of section 73";
remainder being from section 2 of that Act.
-MISC1-
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 FR 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.
EXTENSION OF APPLICATION
Act Apr. 11, 1928, ch. 359, Sec. 2, 45 Stat. 426, extended
provisions of this section and made them applicable to lands added
to the park and included within boundary established by section 391
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 391b-1, 392a of this
title.
-End-
-CITE-
16 USC Sec. 392a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 392a. Provisions of section 392 extended to additional lands
-STATUTE-
The provisions of section 392 of this title are extended over and
made applicable to the lands added to the park and included within
the boundary established by section 391a of this title.
-SOURCE-
(Feb. 12, 1927, ch. 111, Sec. 2, 44 Stat. 1089.)
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 392b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 392b. Conveyance of added lands to United States by Governor
-STATUTE-
The Governor of the Territory of Hawaii is authorized to convey
to the United States any and all lands and interests in lands
acquired by the Territorial Government under the provisions of
sections 391b, 391b-1, 392c, 396, 396a of this title.
-SOURCE-
(June 20, 1938, ch. 530, Sec. 4, 52 Stat. 785.)
-COD-
CODIFICATION
Section is comprised of the last provision of section 4 of act
June 20, 1938, the remainder of which is classified to section
391b-1 of this title.
-MISC1-
ADMISSION OF HAWAII AS STATE
Admission of Hawaii into the union was accomplished on 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 391b-1, 392c, 396c of
this title.
-End-
-CITE-
16 USC Sec. 392c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 392c. Addition to Hawai'i Volcanoes National Park
-STATUTE-
(a) Acquisition of land
Notwithstanding any other provision of sections 391b, 391b-1,
392b, 396, and 396a of this title, the Secretary of the Interior
(hereinafter referred to as the "Secretary") is authorized to
acquire by donation or exchange the land and interests therein
comprising approximately 5,650 acres and identified as tract number
118/22 on the map entitled "Recommended Land Acquisition", in the
Hawai'i Volcanoes National Park Land Protection Plan as recommended
May 17, 1985, which plan shall be on file and available for public
inspection in the Office of the Director, National Park Service,
Department of the Interior, Washington, D.C. and the Office of the
Superintendent, Hawai'i Volcanoes National Park, Hawaii.
(b) Exchange of land; equalization payments
In exercising his authority to acquire the real property referred
to in subsection (a) of this section by exchange, the Secretary may
accept title thereto and in exchange therefor he may convey to the
grantor of such real property title to any United States Government
real property under his administrative jurisdiction, other than
real property within or administered as a part of the National Park
System, in the State of Hawaii which he determines is suitable for
such exchange. The values of the properties exchanged shall be
approximately equal, or if they are not approximately equal, the
values shall be equalized by the payment of money to the grantor or
to the Secretary as the circumstances require. In no circumstance
shall an equalization payment exceed one fourth (25 percent) the
appraised value of the real property referred to in subsection (a)
of this section. Any money paid to the Secretary shall be deposited
as miscellaneous receipts in the Treasury of the United States.
(c) State owned land; acquisition only by donation or exchange
Real property owned by the State of Hawaii or any political
subdivision thereof may be acquired only by donation or exchange.
(d) Transfer of administrative jurisdiction over surplus federally
owned real property in Hawaii to facilitate exchange; exchange of
land with State of Hawaii, consultation, limitation
(1) In order to facilitate the acquisition of the real property
referred to in subsection (a) of this section by exchange,
notwithstanding any other provision of law, upon request of the
Secretary, the Administrator of General Services shall transfer to
the Secretary, without reimbursement, administrative jurisdiction
over any excess or surplus United States Government real property
in the State of Hawaii for purposes of such an exchange.
(2) For the purposes of a land exchange with the State of Hawaii,
the Secretary shall consult with the State of Hawaii in the process
of identifying suitable exchange lands belonging to the United
States Government.
(3) For the purposes of a land exchange with the State of Hawaii,
real property owned by the United States Government and selected
for use in a land exchange shall not be from among those lands
ceded to the United States Government.
(e) Administration of land acquired
The real property acquired by the Secretary pursuant to this
section shall be administered by the Secretary as part of Hawai'i
Volcanoes National Park, subject to the laws and regulations
applicable to the Park.
(f) Authorization of appropriations
There is hereby authorized to be appropriated up to $700,000 to
carry out the purpose of this section.
-SOURCE-
(June 20, 1938, ch. 530, Sec. 5, as added Pub. L. 99-564, Sec. 1,
Oct. 27, 1986, 100 Stat. 3179; amended Pub. L. 106-510, Sec.
3(a)(2), Nov. 13, 2000, 114 Stat. 2363.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-510 substituted "Hawai'i Volcanoes National
Park" for "Hawaii Volcanoes National Park" in two places in subsec.
(a) and in subsec. (e).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 391b-1, 392b, 396c of
this title.
-End-
-CITE-
16 USC Sec. 393 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 393. Entries under land laws; rights-of-way; lands excluded
-STATUTE-
Nothing herein contained shall affect any valid claim, location,
or entry existing under the land laws of the United States prior to
August 1, 1916, whether for homestead, mineral, right-of-way, or
any other purpose whatsoever, or shall affect the rights of any
such claimant, locator, or entryman to the full use and enjoyment
of his land. Whenever consistent with the primary purposes of the
park, section 79 of this title shall be applicable to the lands
included within the park. The Secretary of the Interior may, in his
discretion and upon such conditions as he may deem wise, grant
easements or rights-of-way for steam, electric, or similar
transportation upon or across the park. No lands located within the
park boundaries held in private or municipal ownership prior to
August 1, 1916, shall be affected by or subject to the provisions
of this section and sections 391 and 394 of this title.
-SOURCE-
(Aug. 1, 1916, ch. 264, Secs. 2, 3, 39 Stat. 433, 434.)
-REFTEXT-
REFERENCES IN TEXT
Herein, referred to in text, means act Aug. 1, 1916, which is
classified to sections 391, 393 and 394 of this title. For complete
classification of this Act to the Code, see Tables.
The land laws of the United States, referred to in text, are
classified generally to Title 43, Public Lands.
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790.
For further details, see Codification note set out under section 79
of this title.
-COD-
CODIFICATION
Section is a combination of sections 2 and 3 of act Aug. 1, 1916,
all but the last sentence being derived from section 2.
-MISC1-
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 of
this title.
-End-
-CITE-
16 USC Sec. 394 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 394. Control; rules and regulations; leases; appropriations
-STATUTE-
Hawaii National Park shall be under the executive control of the
Secretary of the Interior. He shall perform the duties and exercise
the powers enumerated in section 3 of this title, except as
inconsistent with this section. The regulations promulgated shall
provide for the preservation from injury, of all timber, birds,
mineral deposits, and natural curiosities or wonders within said
park, and their retention in their natural condition as nearly as
possible. He may in his discretion grant leases for terms not
exceeding twenty years, at such annual rental as he may determine,
of parcels of land in said park of not more than twenty acres in
all to any one person, corporation, or company for the erection and
maintenance of buildings for the accommodation of visitors; but no
such lease shall include any of the objects of curiosity or
interest in said park or exclude the public from free convenient
approach thereto or convey, either expressly or by implication, any
exclusive privilege within the park except upon the premises held
thereunder and for the time granted therein; and every such lease
shall require the lessee to observe and obey each and every
provision in any Act of Congress and every rule, order, or
regulation of the Secretary of the Interior concerning the use,
care, management, or government of the park, or any object or
property therein, under penalty of forfeiture of such lease. He may
in his discretion grant to persons or corporations holding leases
of land in the park on August 1, 1916, upon the surrender thereof,
new leases hereunder, upon the terms and stipulations contained in
their present leases, with such modifications, restrictions, and
reservations as he may prescribe. All of the proceeds of said
leases and other revenues that may be derived from any source
connected with the park shall be expended under the direction of
the Secretary, in the management and protection of the same and the
construction of roads and paths therein. He may also, in his
discretion, permit the erection and maintenance of buildings in
said park for scientific purposes. No appropriation shall be made
for the improvement or maintenance of said park until proper
conveyances shall be made to the United States of such perpetual
easements and rights-of-way over private lands within the exterior
boundaries of said park as the Secretary of the Interior shall find
necessary to make said park reasonably accessible in all its parts,
and said Secretary shall when such easements and rights-of-way have
been conveyed to the United States report the same to Congress.
-SOURCE-
(Aug. 1, 1916, ch. 264, Sec. 4, 39 Stat. 434; June 5, 1924, ch.
263, 43 Stat. 390.)
-COD-
CODIFICATION
A provision making it the duty of the Secretary of the Interior,
as soon as practicable, to make and publish such rules and
regulations as he might deem necessary and proper for the care and
management of the park was omitted as temporary and executed.
-MISC1-
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, 393
of this title.
-End-
-CITE-
16 USC Sec. 395 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 395. Exclusive jurisdiction in United States; exceptions; laws
applicable; fugitives from justice
-STATUTE-
Sole and exclusive jurisdiction shall be exercised by the United
States over the territory which is now or may hereafter be included
in the Hawaii National Park in the Territory of Hawaii, saving,
however, to the Territory of Hawaii the right to serve civil or
criminal process within the limits of the aforesaid park in suits
or prosecutions for or on account of rights acquired, obligations
incurred, or crimes committed outside of said park, and saving
further to the Territory of Hawaii the right to tax persons and
corporations, their franchises and property on the lands included
in said park. All the laws applicable to places under the sole and
exclusive jurisdiction of the United States shall have force and
effect in said park. All fugitives from justice taking refuge in
said park shall be subject to the same laws as refugees from
justice found in the Territory of Hawaii.
-SOURCE-
(Apr. 19, 1930, ch. 200, Sec. 1, 46 Stat. 227.)
-MISC1-
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.
-End-
-CITE-
16 USC Secs. 395a, 395b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Secs. 395a, 395b. Repealed. June 25, 1948, ch. 646, Sec. 39, 62
Stat. 992, eff. Sept. 1, 1948
-MISC1-
Section 395a, act Apr. 19, 1930, ch. 200, Sec. 3, 46 Stat. 227,
related to courts having jurisdiction of offenses. See section 3231
of Title 18, Crimes and Criminal Procedure, and rule 18 of Federal
Rules of Criminal Procedure, Title 18, Appendix.
Section 395b, act Apr. 19, 1930, ch. 200, Sec. 3, 46 Stat. 227,
related to applicability of Hawaiian laws to offenses. See section
13 of Title 18.
-End-
-CITE-
16 USC Sec. 395c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 395c. Hunting and fishing; general rules and regulations;
protection of property; violation of statutes and rules;
penalties
-STATUTE-
All hunting or the killing, wounding, or capturing at any time of
any wild bird or animal, except dangerous animals when it is
necessary to prevent them from destroying human lives or inflicting
personal injury, is prohibited within the limits of said park; nor
shall any fish be taken out of the waters of the park in any other
way than by hook and line, and then only at such seasons and in
such times and manner as may be directed by the Secretary of the
Interior. That the Secretary of the Interior shall make and publish
such general rules and regulations as he may deem necessary and
proper for the management and care of the park and for the
protection of the property therein, especially for the preservation
from injury or spoliation of all timber, natural curiosities, or
wonderful objects within said park, and for the protection of the
animals and birds in the park from capture or destruction, and to
prevent their being frightened or driven from the park; and he
shall make rules and regulations governing the taking of fish from
the streams or lakes in the park. Possession within said park of
the dead bodies, or any part thereof, of any wild bird or animal
shall be prima facie evidence that the person or persons having the
same are guilty of violating this Act. Any person or persons, or
stage or express company, or railway company, who knows or has
reason to believe that they were taken or killed contrary to the
provisions of this Act and who receives for transportation any of
said animals, birds, or fish so killed, caught, or taken, or who
shall violate any of the provisions of this Act or any rule or
regulation that may be promulgated by the Secretary of the Interior
with reference to the management and care of the park or for the
protection of the property therein, for the preservation from
injury or spoliation of timber, natural curiosities, or wonderful
objects within said park, or for the protection of the animals,
birds, or fish in the park, or who shall within said park willfully
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, natural
curiosities, or other matter or thing growing or being thereon or
situated therein, shall be deemed guilty of a misdemeanor and shall
be subject to a fine of not more than $500 or imprisonment not
exceeding six months, or both, and be adjudged to pay all costs of
the proceedings.
-SOURCE-
(Apr. 19, 1930, ch. 200, Sec. 4, 46 Stat. 227.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 19, 1930, which is
classified to sections 395 to 395j of this title. For complete
classification of this Act to the Code, see Tables.
-MISC1-
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.
-End-
-CITE-
16 USC Sec. 395d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 395d. Forfeiture of property used for unlawful purposes
-STATUTE-
All guns, traps, teams, horses, or means of transportation of
every nature or description used by any person or persons within
said park limits when engaged in killing, trapping, ensnaring, or
capturing such wild beasts, birds, or animals shall be forfeited to
the United States and may be seized by the officers in said park
and held pending the prosecution of any person or persons arrested
under charge of violating the provisions of this Act, and upon
conviction under this Act of such person or persons using said
guns, traps, teams, horses, or other means of transportation, such
forfeiture shall be adjudicated as a penalty in addition to the
other punishment provided in this Act. Such forfeited property
shall be disposed of and accounted for by and under the authority
of the Secretary of the Interior.
-SOURCE-
(Apr. 19, 1930, ch. 200, Sec. 5, 46 Stat. 228.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Apr. 19, 1930, which is
classified to section 395 to 395j of this title. For complete
classification of this Act to the Code, see Tables.
-MISC1-
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.
-End-
-CITE-
16 USC Secs. 395e to 395j 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Secs. 395e to 395j. Repealed. June 25, 1948, ch. 646, Sec. 39, 62
Stat. 992, eff. Sept. 1, 1948
-MISC1-Section 395e, acts Apr. 19, 1930, ch. 200, Sec. 6, 46 Stat. 228; (continued)