Loading (50 kb)...'
(continued)
June 25, 1938, ch. 684, Sec. 1, 52 Stat. 1164; June 28, 1938, ch.
778, Sec. 1, 52 Stat. 1213; Apr. 21, 1948, ch. 223, Sec. 2, 62
Stat. 196, related to appointment and jurisdiction of United States
commissioners. See provisions covering United States magistrate
judges in section 631 et seq. of Title 28, Judiciary and Judicial
Procedure.
Section 395f, act Apr. 19, 1930, ch. 200, Sec. 7, 46 Stat. 228,
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 395g, act Apr. 19, 1930, ch. 200, Sec. 8, 46 Stat. 229,
related to whom process issued. 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 395h, acts Apr. 19, 1930, ch. 200, Sec. 9, 46 Stat. 229;
June 25, 1938, ch. 684, Sec. 2, 52 Stat. 1164; June 28, 1938, ch.
778, Sec. 1, 52 Stat. 1213, relating to commissioner's [now
magistrate judge's] salary. See section 633 of Title 28.
Section 395i, act Apr. 19, 1930, ch. 200, Sec. 10, 46 Stat. 229,
related to fees and costs chargeable to United States. See section
604 of Title 28.
Section 395j, act Apr. 19, 1930, ch. 200, Sec. 11, 46 Stat. 229,
related to disposition of fines and costs. See section 634 of Title
28.
-End-
-CITE-
16 USC Sec. 396 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 396. Additional lands; acceptance of title
-STATUTE-
The Secretary of the Interior is authorized, in his discretion
and upon submission of evidence of satisfactory title to him, to
accept, on behalf of the United States, title to the lands referred
to in section 391b of this title as may be deemed by him necessary
or desirable for national-park purposes.
-SOURCE-
(June 20, 1938, ch. 530, Sec. 2, 52 Stat. 784.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 391b-1, 392b, 392c, 396c
of this title.
-End-
-CITE-
16 USC Sec. 396a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI - HAWAII NATIONAL PARK
-HEAD-
Sec. 396a. Lease of lands to native Hawaiians, residence
requirements; fishing
-STATUTE-
(a) The Secretary of the Interior is authorized to lease, under
such rules and regulations as he may deem proper, land ascertained
by him to be suitable for home site purposes in the Kalapana
extension as described in section 391b of this title, to native
Hawaiians when such occupancy does not encroach on or prevent free
access to any points of historic, scientific, or scenic interest or
in any manner obstruct or interfere with protection and
preservation of said area as a part of the Hawaii National Park:
Provided, however, That occupants of homesites shall reside on the
land not less than six months in any one year: And provided
further, That fishing shall be permitted in said area only by
native Hawaiian residents of said area or of adjacent villages and
by visitors under their guidance.
(b) The term "native Hawaiian", as used in this section, means
any descendant of not less than one-half part of the blood of the
races inhabiting the Hawaiian Islands previous to 1778.
-SOURCE-
(June 20, 1938, ch. 530, Sec. 3, 52 Stat. 784.)
-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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 391b-1, 392b, 392c, 396c
of this title.
-End-
-CITE-
16 USC SUBCHAPTER XLII - HALEAKALAAE8 NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII - HALEAKALAAE8 NATIONAL PARK
-HEAD-
SUBCHAPTER XLII - HALEAKALA NATIONAL PARK
-End-
-CITE-
16 USC Sec. 396b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII - HALEAKALAAE8 NATIONAL PARK
-HEAD-
Sec. 396b. Establishment; boundaries; administration
-STATUTE-
Effective July 1, 1961, the detached portion of the Hawaii
National Park which lies on the island of Maui is established as a
separate unit of the national park system to be known as Haleakala
National Park. The park so established shall be administered in
accordance with sections 1, 2, 3, and 4 of this title, as amended
and supplemented, and in accordance with any other applicable
provision of law relating to the Maui portion of Hawaii National
Park.
-SOURCE-
(Pub. L. 86-744, Sec. 1, Sept. 13, 1960, 74 Stat. 881; Pub. L.
106-510, Sec. 3(b)(1), Nov. 13, 2000, 114 Stat. 2363.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-510 substituted "Haleakala National Park" for
"Haleakala National Park".
-CHANGE-
CHANGE OF NAME
Pub. L. 106-510, Sec. 3(b)(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 'Haleakala National Park' shall be considered a
reference to 'Haleakala National Park'."
-MISC2-
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. 396c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII - HALEAKALAAE8 NATIONAL PARK
-HEAD-
Sec. 396c. Land acquisition; authorization of appropriations
-STATUTE-
(a) Notwithstanding any limitations on land acquisition as
provided by sections 391b, 391b-1, 392b, 392c, 396, and 396a of
this title, the Secretary of the Interior may acquire for addition
to the park any land on the island of Maui within the boundaries of
the area generally depicted on the map entitled "Haleakala National
Park, Segment 03," numbered 162-30,000-G, and dated May 1972, by
donation, purchase with donated or appropriated funds, or exchange.
The map shall be on file and available for public inspection in the
offices of the National Park Service, Department of the Interior.
(b) There is authorized to be appropriated such sums but not to
exceed $920,000 as may be necessary to carry out the purposes of
this section.
-SOURCE-
(Pub. L. 86-744, Sec. 2, as added Pub. L. 94-578, title III, Sec.
313, Oct. 21, 1976, 90 Stat. 2737; amended Pub. L. 106-510, Sec.
3(b)(1), Nov. 13, 2000, 114 Stat. 2363.)
-MISC1-
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-510 substituted "Haleakala
National Park" for "Haleakala National Park".
-End-
-CITE-
16 USC SUBCHAPTER XLII-A - KALOKO-HONOKOAE8HAU NATIONAL
HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII09A - KALOKO-HONOKOAE8HAU NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER XLII-A - KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 396d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII09A - KALOKO-HONOKOAE8HAU NATIONAL HISTORICAL PARK
-HEAD-
Sec. 396d. Establishment
-STATUTE-
(a) In general
(1) In order to provide a center for the preservation,
interpretation, and perpetuation of traditional native Hawaiian
activities and culture, and to demonstrate historic land use
patterns as well as to provide a needed resource for the education,
enjoyment, and appreciation of such traditional native Hawaiian
activities and culture by local residents and visitors, there is
established the Kaloko-Honokohau National Historical Park
(hereinafter in this section referred to as the "park") in Hawaii
comprising approximately one thousand three hundred acres as
generally depicted on the map entitled "Kaloko-Honokohau National
Historical Park," numbered KHN-80,000, and dated May 1978.
(2) The boundaries of the park are modified to include lands and
interests therein comprised of Parcels 1 and 2 totaling 2.14 acres,
identified as "Tract A" on the map entitled "Kaloko-Honokohau
National Historical Park Proposed Boundary Adjustment", numbered
PWR (PISO) 466/82,043 and dated April 2002.
(3) The maps referred to in this subsection shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(b) Land acquisition; manner
Except for any lands owned by the State of Hawaii or its
subdivisions, which may be acquired only by donation, the Secretary
is authorized to acquire the lands described above by donation,
exchange, or purchase through the use of donated or appropriated
funds, notwithstanding any prior restriction of law.
(c) Administration; applicable provisions
The Secretary shall administer the park in accordance with this
section and the provisions of law generally applicable to units of
the national park system, including sections 1, 2, 3, 4, and 461 to
467 of this title, and generally in accordance with the guidelines
provided in the study report entitled "Kaloko-Honokohau" prepared
by the Honokohau Study Advisory Commission and the National Park
Service, May 1974, GPO 690-514.
(d) Activities and agreements; native accommodations; cooperative
marine management agreement; fishing, shoreline food gathering
and small boat harbor activities: regulation; land and water
management agreements
(1) In administering the park the Secretary may provide
traditional native Hawaiian accommodations.
(2) The Secretary shall consult with and may enter into a
cooperative management agreement with the State of Hawaii for the
management of the submerged lands within the authorized park
boundary, following the marine management policies of the State of
Hawaii.
(3) Commercial, recreational, and subsistence fishing and
shoreline food gathering activities as well as access to and from
the Honokohau small boat harbor by motor boats and other water
craft shall be permitted wherever such activities are not
inconsistent with the purposes for which the park is established,
subject to regulation by the Secretary.
(4) The Secretary shall consult with and may enter into
agreements with other governmental entities and private landowners
to establish adequate controls on air and water quality and the
scenic and esthetic values of the surrounding land and water areas.
In consulting with and entering into any such agreements, the
Secretary shall to the maximum extent feasible utilize the
traditional native Hawaiian Ahupua's concept of land and water
management.
(e) Employment of native Hawaiians
In carrying out the purposes of this section the Secretary is
authorized and directed as appropriate to employ native Hawaiians.
For the purposes of this section, native Hawaiians are defined as
any lineal descendants of the race inhabiting the Hawaiian Islands
prior to the year 1778.
(f) Advisory Commission; establishment; membership; qualifications;
term; Chairman; vacancies; compensation and expenses; ex officio
members; duties; meetings; termination
(1) There is hereby established the Na Hoa Pili O
Kaloko-Honokohau (The Friends of Kaloko-Honokohau), an Advisory
Commission for the park. The Commission shall be composed of nine
members, appointed by the Secretary, at least five of whom shall be
selected from nominations provided by native Hawaiian
organizations. All members of the Commission shall be residents of
the State of Hawaii, and at least six members shall be native
Hawaiians. Members of the Commission shall be appointed for
five-year terms except that initial appointment(s) shall consist of
two members appointed for a term of five years, two for a term of
four years, two for a term of three years, two for a term of two
years, and one for a term of one year. No member may serve more
than one term consecutively.
(2) The Secretary shall designate one member of the Commission to
be Chairman. Any vacancy in the Commission shall be filled by
appointment for the remainder of the term.
(3) Members of the Commission shall serve without compensation.
The Secretary is authorized to pay the expenses reasonably incurred
by the Commission in carrying out its responsibilities under this
section on vouchers signed by the Chairman.
(4) The Superintendent of the park, the National Park Service
State Director, Hawaii, a person appointed by the Governor of
Hawaii, and a person appointed by the mayor of the county of
Hawaii, shall serve as ex officio nonvoting members of the
Commission.
(5) The Commission shall advise the Director, National Park
Service, with respect to the historical, archeological, cultural,
and interpretive programs of the park. The Commission shall afford
particular emphasis to the quality of traditional native Hawaiian
culture demonstrated in the park.
(6) The Commission shall meet not less than twice a year.
Additional meetings may be called by the Chairman.
(7) The Advisory Commission shall terminate ten years after the
date of enactment of the Na Hoa Pili Kaloko-Honokohau
Re-establishment Act of 1996.
(g) Authorization of appropriations
There are hereby authorized to be appropriated not to exceed
$25,000,000 for acquisition and $1,000,000 for development.
-SOURCE-
(Pub. L. 95-625, title V, Sec. 505, Nov. 10, 1978, 92 Stat. 3499;
Pub. L. 96-87, title IV, Sec. 401(i), Oct. 12, 1979, 93 Stat. 666;
Pub. L. 104-333, div. I, title V, Sec. 503(b), Nov. 12, 1996, 110
Stat. 4155; Pub. L. 106-510, Sec. 3(c)(1), Nov. 13, 2000, 114 Stat.
2363; Pub. L. 108-142, Sec. 2, Dec. 2, 2003, 117 Stat. 1875.)
-REFTEXT-
REFERENCES IN TEXT
Sections 1, 2, 3, and 4 of this title, referred to in subsec.
(c), was in the original act "approved August 25, 1916 (39 Stat.
535; 16 U.S.C. 461-467)". Act Aug. 25, 1916, is classified to
sections 1, 2, 3, and 4 of this title.
The date of enactment of the Na Hoa Pili Kaloko-Honokohau
Re-establishment Act of 1996, referred to in subsec. (f)(7),
probably means the date of enactment of the Omnibus Parks and
Public Lands Management Act of 1996, Pub. L. 104-333, which was
approved Nov. 12, 1996. No act named the Na Hoa Pili
Kaloko-Honokohau Re-establishment Act of 1996 has been enacted.
Section 503 of title V of div. I of Pub. L. 104-333, which amended
this section and enacted provisions set out as a note below,
relates to extension of Kaloko-Honokohau Advisory Commission.
-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-142 designated existing
provisions as par. (1), substituted "1978." for "1978, which shall
be on file and available for public inspection in the appropriate
offices of the National Park Service, Department of the Interior.",
and added pars. (2) and (3).
2000 - Pub. L. 106-510, Sec. 3(c)(1)(A), amended section
catchline.
Subsecs. (a), (c), (f)(1), (7). Pub. L. 106-510, Sec. 3(c)(1)(B),
substituted "Kaloko-Honokohau" for "Kaloko-Honokohau" wherever
appearing.
1996 - Subsec. (f)(7). Pub. L. 104-333 substituted "the date of
enactment of the Na Hoa Pili Kaloko-Honokohau Re-establishment Act
of 1996" for "the date of enactment of this Act".
1979 - Subsec. (f)(1). Pub. L. 96-87 substituted "Na Hoa Pili O
Kaloko-Honokohau" for "Kaloko-Honokohau Na Hoa Pili O
Kaloko-Honokohau".
-CHANGE-
CHANGE OF NAME
Pub. L. 106-510, Sec. 3(c)(2), Nov. 13, 2000, 114 Stat. 2364,
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 'Kaloko-Honokohau National Historical Park' shall
be considered a reference to 'Kaloko-Honokohau National Historical
Park'."
-MISC2-
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-142, Sec. 1, Dec. 2, 2003, 117 Stat. 1875, provided
that: "This Act [amending this section] may be cited as the
'Kaloko-Honokohau National Historical Park Addition Act of 2003'."
EXTENSION OF KALOKO-HONOKOHAU ADVISORY COMMISSION
Section 503(a) of title V of div. I of Pub. L. 104-333, as
amended by Pub. L. 106-510, Sec. 3(c)(2), Nov. 13, 2000, 114 Stat.
2364, provided that: "Notwithstanding section 505(f)(7) of Public
Law 95-625 (16 U.S.C. 396d(f)(7)), the Na Hoa Pili O
Kaloko-Honokohau, the Advisory Commission for Kaloko-Honokohau
National Historical Park, is hereby re-established in accordance
with section 505(f), as amended by paragraph (2) of this subsection
[probably should be 'subsection (b) of this section', amending this
section]."
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Interior, see section 2 of
Pub. L. 95-625, set out as a note under section 2503 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 396e, 396f of this title.
-End-
-CITE-
16 USC Sec. 396e 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII09A - KALOKO-HONOKOAE8HAU NATIONAL HISTORICAL PARK
-HEAD-
Sec. 396e. Exchange of lands
-STATUTE-
Notwithstanding any other provision of law, the Secretary is
authorized and shall seek to acquire the lands described in section
396d(a) of this title by first acquiring Federal surplus lands of
equivalent value from the General Services Administration and then
exchanging such surplus lands for the lands described in section
396d(a) of this title with the land owners. Exchanges shall be on
the basis of equal value, and any party to the exchange may pay or
accept cash in order to equalize the value of the property
exchanged.
-SOURCE-
(Pub. L. 96-514, title I, Sec. 100, Dec. 12, 1980, 94 Stat. 2960.)
-End-
-CITE-
16 USC Sec. 396f 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII09A - KALOKO-HONOKOAE8HAU NATIONAL HISTORICAL PARK
-HEAD-
Sec. 396f. Acquisition of private lands; creation of surplus
property accounts; transfer and sale of accounts
-STATUTE-
Notwithstanding any other provision of law, the Secretary of the
Interior is authorized and shall seek to acquire the private lands
described in section 396d(a) of this title, by crediting a surplus
property account, to be established in the name of each landowner,
in the amount of the acquisition price for such landowner's lands.
The National Park Service shall update the existing appraisals for
the parcels and, based on the approved appraised values, shall
negotiate with the landowners for acquisition prices. Each owner
may, using such credits in his surplus property account, bid, as
any other bidder for surplus property, wherever located, in
accordance with the Federal Property and Administrative Services
Act of 1949. The Administrator of the General Services
Administration shall establish each landowner's surplus property
account and shall adjust the credits in such accounts to reflect
successful bids under this section. Title to the lands described in
this section shall pass to the Government at the time of
establishment of the surplus property accounts. The credits in any
of the surplus property accounts may be transferred or sold in
whole or in part at any time by the landowner to any other party,
thereby vesting such party with all the rights of the landowner,
and after such transfer, the landowner shall notify the
Administrator of the transfer. At any time the Secretary may
purchase the balance of any surplus property account subject to the
availability of appropriated funds. The land owner (!1) may also
use the credits in exchange for excess lands, wherever located,
under the jurisdiction of the Secretary of the Interior.
-SOURCE-
(Pub. L. 98-146, title III, Sec. 317, Nov. 4, 1983, 97 Stat. 954;
Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 708.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title
41, Public Contracts, the Act was repealed and reenacted by Pub. L.
107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
chapters 1 to 11 of Title 40, Public Buildings, Property, and
Works.
-MISC1-
AMENDMENTS
1989 - Pub. L. 101-121 inserted sentence at end authorizing land
owner to use the credits in exchange for excess land, wherever
located, under the jurisdiction of the Secretary of the Interior.
USE OF ACCOUNTS FOR SALES OF PROPERTIES BY AGENCIES
Pub. L. 101-165, title IX, Sec. 9102, Nov. 21, 1989, 103 Stat.
1151, as amended by Pub. L. 101-511, title VIII, Sec. 8133(b), Nov.
5, 1990, 104 Stat. 1910; Pub. L. 103-204, Sec. 32(a), Dec. 17,
1993, 107 Stat. 2413, provided that:
"(a) Availability of Amounts in Accounts. -
"(1) In general. - Notwithstanding any other law, in addition
to the purposes for which they are now available, amounts in the
accounts described in paragraph (2) shall, after December 22,
1987, be available for use in any fiscal year for all purposes
(including use for purchase) involving any public sale of
property by an agency of the United States. In conducting any
such sale, such an agency shall accept, in the same manner as
cash, any amount tendered from such an account, and the balance
of the account shall be adjusted by the Secretary of the Treasury
or the Administrator of General Services, as applicable, to
reflect that transaction.
"(2) Accounts described. - The accounts referred to in
subparagraph (B) are -
"(A) the account in the Treasury established by the Secretary
of the Treasury pursuant to section 12(b) of Public Law 94-204
(43 U.S.C. 1611 note), referred to in that section as the 'Cook
Inlet Region, Incorporated property account'; and
"(B) the surplus property account established by the
Administrator of General Services pursuant to section 317 of
Public Law 98-146 (16 U.S.C. 396f).
"(b) Treatment of Amount Received by Agencies From Accounts. - In
any case in which an agency of the United States that conducts a
public sale of property is authorized by law to use the proceeds of
such sale for a specific purpose, the Secretary of the Treasury
shall, without restriction, treat as cash receipts any amount which
is -
"(1) tendered from an account described in subsection (a)(2);
"(2) received by the agency as proceeds of such a sale; and
"(3) used by the agency for that specific purpose.
"(c) Availability of Funds. - The Secretary of the Treasury shall
hereafter use funds in the Treasury not otherwise appropriated to
make any cash transfer that is necessary under subsection (b) to
allow an agency to use the proceeds of a public sale of property.
"(d) Agency Defined. - In this section the term 'agency' includes
-
"(1) any instrumentality of the United States, or
"(2) any element of an agency, or
"(3) any wholly owned or mixed-owned United States Government
corporation identified in chapter 91 of title 31, United States
Code.
"(e) Property Defined. - Notwithstanding the definition of
'property' found in the Federal Property and Administrative
Services Act of 1949, as amended [now 40 U.S.C. 102(9)], in this
section the term 'property' includes any property - real, personal
(including intangible assets sold or offered by the Federal Deposit
Insurance Corporation or the Resolution Trust Corporation, such as
financial instruments, notes, loans, and bonds), or mixed - owned,
held, or controlled by the United States (including that in a
corporate capacity or as a receiver or conservator, or such other
similar fiduciary relationship), and offered for sale by any agency
or instrumentality of the United States, including but not limited
to the General Services Administration, Department of Defense,
Department of the Interior, Department of Agriculture, Department
of Housing and Urban Development, the United States Courts and any
Government corporation, agency or instrumentality subject to
chapter 91 of title 31, United States Code; real property as used
in this section means any land or interest in land or option to
purchase land, any improvements on such lands, or rights to their
use or exploitation.
"(f) The Secretary of the Treasury, in consultation with the
Secretary of the Interior, shall establish procedures to permit the
accounts described in subsection (a)(2) to receive deposits, to
make deposits into escrow when an escrow is required for the sale
of any property, and to reinstate to such accounts any unused
escrow deposits if sales are not consummated."
-FOOTNOTE-
(!1) So in original. Probably should be "landowner".
-End-
-CITE-
16 USC SUBCHAPTER XLIII - PU`UHONUA O HOAE8NAUNAU
NATIONAL HISTORICAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIII - PU`UHONUA O HOAE8NAUNAU NATIONAL HISTORICAL PARK
-HEAD-
SUBCHAPTER XLIII - PU'UHONUA O HONAUNAU NATIONAL HISTORICAL PARK
-End-
-CITE-
16 USC Sec. 397 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIII - PU`UHONUA O HOAE8NAUNAU NATIONAL HISTORICAL PARK
-HEAD-
Sec. 397. Establishment; boundaries
-STATUTE-
(a) Establishment
When title to such lands located on the island of Hawaii, within
the following-described area, as shall be designated by the
Secretary of the Interior, in the exercise of his judgment and
discretion as necessary and suitable for the purpose, shall have
been vested in the United States, said lands shall be set apart as
the Pu'uhonua o Honaunau National Historical Park, in the Territory
of Hawaii, for the benefit and inspiration of the people:
-HEAD-
PARCEL 1
Being all of R. P. 3306, L. C. Aw. 7219, Apana 2 to Kaliae, all
of L. C. Aw. 9470 to Muki, and portions of R. P. 7874, L. C. Aw.
11216 Apana 34 to M. Kekauonohi (Ahupuaa of Honaunau), and R. P.
6852, L. C. Aw. 7712 Apana 1 to M. Kekuanaoa (Ahupuaa of Keokea).
Beginning at a one and one-half-inch pipe in concrete monument
called "Kalani", at the southeast corner of this parcel, the
northeast corner of parcel 3, and on the common boundary of the
lands of Keokea and Kiilae, the coordinates of said point of
beginning referred to Government Survey Triangulation Station
"Lae-O-Kanoni" being seven thousand four hundred forty-four and
eight-tenths feet south and five thousand three and two-tenths feet
east, and running by azimuths measured clockwise from true south:
1. Seventy-nine degrees thirty-three minutes fifteen seconds six
hundred and eighty feet along the land of Kiilae, L. C. Aw. 8521-B
to G. D. Hueu and passing over a rock called "Kuwaia", marked K+K
at six hundred seventy-three and two-tenths feet to high-water
mark; thence along high-water mark, along seacoast for the next
three courses, the direct azimuths and distances between points at
seacoast being:
2. One hundred and thirty-five degrees fifty-one minutes three
thousand nine hundred seventy-six and one-tenth feet;
3. One hundred and fifty-two degrees twenty-five minutes one
thousand and seventy-eight feet;
4. Two hundred and forty degrees fifty-five minutes one thousand
two hundred four and four-tenths feet;
5. Three hundred and fifty-four degrees nine minutes two hundred
twenty-four and one-tenth feet along the remainder of L. C. Aw.
11216:34 to M. Kekauonohi, along stone wall and old trail;
6. Two hundred and sixty degrees fifty-four minutes one hundred
seventy-five and nine-tenths feet across old trail along stone wall
to a "+" on rock;
7. One hundred and fifty-eight degrees six minutes seventy-two
feet along L. C. Aw. 7296 to Puhi, along stone wall;
8. Two hundred and sixty degrees thirty-six minutes ninety and
seven-tenths feet along stone wall;
9. One hundred and ninety-four degrees ten minutes sixty-two and
nine-tenths feet along stone wall along L. C. Aw. 7295 and 6979-B:2
to Keolewa;
10. One hundred and seventy-five degrees fifty-four minutes
twenty-six and nine-tenths feet along stone wall;
11. Two hundred and fifteen degrees thirty-seven minutes
forty-seven and four-tenths feet along stone wall along remainder
of L. C. Aw. 11216:34 to M. Kekauonohi;
12. One hundred and seventy-two degrees twenty-eight minutes
forty-eight and one-tenth feet along same;
13. Two hundred and twenty-six degrees twenty-three minutes two
hundred twenty-eight and eight-tenths feet along remainder of L. C.
Aw. 11216:34 to M. Kekauonohi to the south side of fifty-foot road;
14. Two hundred and sixty-four degrees fifty-one minutes one
hundred fifteen and two-tenths feet along the south side of
fifty-foot road;
15. Two hundred and fifty-two degrees thirteen minutes two
hundred and two-tenths feet along same;
16. Two hundred and eighty-six degrees thirty minutes one hundred
seventy and nine-tenths feet along same;
17. Two hundred and thirty-eight degrees twenty-five minutes
ninety-two and eight-tenths feet along same;
18. Two hundred and twenty-three degrees one minute one hundred
fourteen and four-tenths feet along same;
19. Three hundred and thirty-eight degrees forty-nine minutes
thirty seconds four thousand nine hundred eighty and three-tenths
feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi and
L. C. Aw. 7712:1 to M. Kekuanaoa and passing over a one and
one-fourth-inch pipe in concrete monument at one thousand four
hundred eighty-one and six-tenths feet to the point of beginning.
Area, one hundred sixty-six and ninety one-hundredths acres.
PARCEL 2
Being portions of L. C. Aw. 11216 Apana 34 to M. Kekauonohi, R.
P. 7874 (Ahupuaa of Honaunau).
Beginning at a pipe in concrete at the northeast corner of this
parcel, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "Lae-O-Kanoni" being two
thousand one hundred thirty-nine feet south and eleven thousand six
hundred seventeen and nine-tenths feet east and running by azimuths
measured clockwise from true south:
1. Three hundred fifty-eight degrees twenty-three minutes two
hundred sixty and four-tenths feet along the remainder of L. C. Aw.
11216:34 to M. Kekauonohi;
2. Ninety-three degrees thirty minutes two hundred and sixty-nine
feet along the same, along stone wall, along lot 2 of the
subdivision by B. P. Bishop estate;
3. Eighty-two degrees no minutes three hundred and eighteen feet
along same to the east side of fifty-foot road;
4. Thence along the east side of fifty-foot road, the direct
azimuth and distance being: one hundred seventy-one degrees twenty
minutes two hundred ninety-one and five-tenths feet;
5. Two hundred and seventy degrees no minutes six hundred and
twenty feet along the remainder of L. C. Aw. 11216:34 to M.
Kekauonohi to the point of beginning.
Area, three and seventy one-hundredths acres.
Together with an easement six feet wide for a pipeline
right-of-way extending from the Government road to parcel 1, the
south side of said right-of-way being described as follows:
Beginning at the east end of this right-of-way on the common
boundary of the lands of Honaunau and Keokea, the coordinates of
said point of beginning referred to Government Survey Triangulation
Station "Lae-O-Kanoni" being three thousand one hundred ninety and
eight-tenths feet south and eleven thousand seventy-eight and
eight-tenths feet east, and running by azimuths measured clockwise
from true south:
1. Eighty degrees thirty-six minutes five seconds one hundred and
seventeen feet along L. C. Aw. 7712:1 to M. Kekuanaoa, to the
Triangulation Station "Ahupuaa" of the B. P. Bishop estate;
2. Eighty-two degrees twenty minutes seven thousand two hundred
eighty-nine and one-tenth feet along same to a one and
one-fourth-inch pipe in concrete monument on the east boundary of
parcel 1 the coordinates of said point of the end of this six-foot
right-of-way referred to Government Triangulation Station
"Lae-O-Kanoni" being four thousand one hundred eighty-two and
four-tenths feet south and three thousand seven hundred thirty-nine
and four-tenths feet east.
Area, one and two one-hundredths acres.
PARCEL 3
Being portion of L. C. Aw. 8521-B to G. D. Hueu, being portion of
the Ahupuaa of Kiilae.
Beginning at a one and one-half-inch pipe in concrete monument
called "Kalani" at the northeast corner of this parcel, the
southeast corner of parcel 1, on the common boundary of the land of
Keokea and Kiilae, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "Lae-O-Kanoni"
being seven thousand four hundred forty-four and eight-tenths feet
south and five thousand three and two-tenths feet east and running
by azimuths measured clockwise from true south:
1. Three hundred thirty-eight degrees forty-nine minutes thirty
seconds five hundred ninety-five and four-tenths feet along the
remainder of L. C. Aw. 8521-B to G. D. Hueu to the eight thousand
foot south coordinates line referred to Government Survey
Triangulation Station "Lae-O-Kanoni";
2. Ninety degree no minutes one thousand ninety-nine and
seven-tenths feet along same and along said eight thousand foot
south coordinates line and across school grant 7 Apana 6 to
high-water mark;
3. Thence along high-water mark, along sea, the direct azimuth
and distance being: two hundred six degrees thirty-three minutes
thirty seconds four hundred eighty-two and nine-tenths feet;
4. Two hundred fifty-nine degrees thirty-three minutes fifteen
seconds six hundred eighty feet along L. C. Aw. 7712:1 to M.
Kekuanaoa and passing over a rock called Kuwaia, marked K+K at six
and eight-tenths feet to the point of beginning.
Area, ten and twenty-five one-hundredths acres.
(b) Boundary modification
The boundaries of Pu'uhonua o Honaunau National Historical Park
are hereby modified to include approximately 238 acres of lands and
interests therein within the area identified as "Parcel A" on the
map entitled "Pu'uhonua o Honaunau National Historical Park
Proposed Boundary Additions, Ki'ilae Village", numbered PUHO-P
415/82,013 and dated May, 2001.
(c) Acquisition
The Secretary of the Interior is authorized to acquire
approximately 159 acres of lands and interests therein within the
area identified as "Parcel B" on the map referenced in subsection
(b) of this section. Upon the acquisition of such lands or
interests therein, the Secretary shall modify the boundaries of
Pu'uhonua o Honaunau National Historical Park to include such lands
or interests therein.
-SOURCE-
(July 26, 1955, ch. 385, Sec. 1, 69 Stat. 376; Pub. L. 95-625,
title III, Sec. 305, Nov. 10, 1978, 92 Stat. 3477; Pub. L. 106-510,
Sec. 3(d)(1), Nov. 13, 2000, 114 Stat. 2364; Pub. L. 107-340, Sec.
2, Dec. 16, 2002, 116 Stat. 2889.)
-MISC1-
AMENDMENTS
2002 - Pub. L. 107-340 designated existing provisions as subsec.
(a), substituted "When" for "That, when", and added subsecs. (b)
and (c).
2000 - Pub. L. 106-510 substituted "Pu'uhonua o Honaunau National
Historical Park" for "Puuhonua o Honaunau National Historical Park"
in introductory provisions.
1978 - Pub. L. 95-625 redesignated as "Puuhonua o Honaunau
National Historical Park" the Park previously designated "City of
Refuge National Historical Park".
-CHANGE-
CHANGE OF NAME
Pub. L. 106-510, Sec. 3(d)(2), Nov. 13, 2000, 114 Stat. 2364,
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 'Puuhonua o Honaunau National Historical Park[']
shall be considered a reference to 'Pu'uhonua o Honaunau National
Historical Park'."
-MISC2-
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-340, Sec. 1, Dec. 16, 2002, 116 Stat. 2889, provided
that: "This Act [amending this section] may be cited as the
'Pu'uhonua o Honaunau National Historical Park Addition Act of
2002'."
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 397a to 397c of this
title.
-End-
-CITE-
16 USC Sec. 397a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIII - PU`UHONUA O HOAE8NAUNAU NATIONAL HISTORICAL PARK
-HEAD-
Sec. 397a. Establishment; notice in Federal Register
-STATUTE-
Upon the vesting of title in the United States to such lands as
may be designated by the Secretary of the Interior as necessary and
suitable for historical park purposes in accordance with the
provisions of section 397 of this title, the Pu'uhonua o Honaunau
National Historical Park shall be established by order of the said
Secretary, which shall be published in the Federal Register. Any
other lands within the area described above shall become a part of
the national historical park upon the vesting of title thereto in
the United States and upon publication of an appropriate
supplemental order by the said Secretary in the Federal Register.
-SOURCE-
(July 26, 1955, ch. 385, Sec. 2, 69 Stat. 379; Pub. L. 95-625,
title III, Sec. 305, Nov. 10, 1978, 92 Stat. 3477; Pub. L. 106-510,
Sec. 3(d)(1), Nov. 13, 2000, 114 Stat. 2364.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-510 substituted "Pu'uhonua o Honaunau National
Historical Park" for "Puuhonua o Honaunau National Historical
Park".
1978 - Pub. L. 95-625 redesignated as "Puuhonua o Honaunau
National Historical Park" the park previously designated "City of
Refuge National Historical Park".
-End-
-CITE-
16 USC Sec. 397b 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIII - PU`UHONUA O HOAE8NAUNAU NATIONAL HISTORICAL PARK
-HEAD-
Sec. 397b. Procurement of lands
-STATUTE-
The Secretary of the Interior is authorized to procure, by
donation or purchase, with any funds that may be available for that
purpose, lands and interests in lands which may be needed for the
Pu'uhonua o Honaunau National Historical Park within the area
described in section 397 of this title.
-SOURCE-
(July 26, 1955, ch. 385, Sec. 3, 69 Stat. 379; Pub. L. 95-625,
title III, Sec. 305, Nov. 10, 1978, 92 Stat. 3477; Pub. L. 106-510,
Sec. 3(d)(1), Nov. 13, 2000, 114 Stat. 2364.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-510 substituted "Pu'uhonua o Honaunau National
Historical Park" for "Puuhonua o Honaunau National Historical
Park".
1978 - Pub. L. 95-625 redesignated as "Puuhonua o Honaunau
National Historical Park" the park previously designated "City of
Refuge National Historical Park".
-End-
-CITE-
16 USC Sec. 397c 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIII - PU`UHONUA O HOAE8NAUNAU NATIONAL HISTORICAL PARK
-HEAD-
Sec. 397c. Acquisition of lands by Governor of the Territory of
Hawaii
-STATUTE-
In order to cooperate with the Secretary of the Interior in
consolidating in Federal ownership lands within the area described
in section 397 of this title, and to facilitate acquisition of the
lands needed for the national historical park, the Governor of the
Territory of Hawaii is also authorized to acquire lands for said
park, at the expense of the Territory of Hawaii by exchange or
otherwise, in accordance with procedure prescribed by section 392
of this title.
-SOURCE-
(July 26, 1955, ch. 385, Sec. 4, 69 Stat. 379.)
-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 former
section 491 of Title 48, Territories and Insular Possessions.
-End-
-CITE-
16 USC Sec. 397d 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIII - PU`UHONUA O HOAE8NAUNAU NATIONAL HISTORICAL PARK
-HEAD-
Sec. 397d. Administration
-STATUTE-
The Pu'uhonua o Honaunau National Historical Park shall be
administered by the Secretary of the Interior subject to the
provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented, and such additional authority compatible therewith as
is contained in sections 461 to 467 of this title, with regard to
preservation of historic sites and objects of national
significance.
-SOURCE-
(July 26, 1955, ch. 385, Sec. 5, 69 Stat. 379; Pub. L. 95-625,
title III, Sec. 305, Nov. 10, 1978, 92 Stat. 3477; Pub. L. 106-510,
Sec. 3(d)(1), Nov. 13, 2000, 114 Stat. 2364.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-510 substituted "Pu'uhonua o Honaunau National
Historical Park" for "Puuhonua o Honaunau National Historical
Park".
1978 - Pub. L. 95-625 redesignated as "Puuhonua o Honaunau
National Historical Park" the park previously designated "City of
Refuge National Historical Park".
-End-
-CITE-
16 USC SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-HEAD-
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-End-
-CITE-
16 USC Sec. 398 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-HEAD-
Sec. 398. Establishment; administration
-STATUTE-
A portion of the Virgin Islands of the United States, containing
outstanding scenic and other features of national significance,
shall be established, as prescribed in section 398a of this title,
as the "Virgin Islands National Park".
The national park shall be administered and preserved by the
Secretary of the Interior in its natural condition for the public
benefit and inspiration, in accordance with the laws governing the
administration of the national parks.
-SOURCE-
(Aug. 2, 1956, ch. 885, Sec. 1, 70 Stat. 940.)
-REFTEXT-
REFERENCES IN TEXT
The laws governing the administration of the national parks,
referred to in the second par., are classified to section 1 et seq.
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 398a, 398c, 398d of this
title; title 48 section 1705.
-End-
-CITE-
16 USC Sec. 398a 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIV - VIRGIN ISLANDS NATIONAL PARK
-HEAD-
Sec. 398a. Conditions and limitations
-STATUTE-
The Secretary of the Interior is authorized subject to the
following conditions and limitations, to proceed in such manner as
he shall find to be necessary in the public interest to consummate
the establishment of the Virgin Islands National Park:
(a) The acreage of the national park shall be limited to a total
of not more than nine thousand five hundred acres of land area,
such total to be comprised of not more than fifteen acres on the
island of Saint Thomas, and not more than nine thousand four
hundred and eighty-five additional acres to be comprised of
portions of the island of Saint John and such small islands, rocks,
and cays not in excess of five hundred acres in the general
vicinity thereof as may be desirable for inclusion within the park;
(b) Tentative exterior boundary lines, to include land not in
excess of the aforesaid acreage limitations, may be selected for
the park in order to establish the particular areas in which land
may be acquired pursuant to this section and section 398 of thistitle, such tentative boundaries to be selected and adjusted as may (continued)