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16 U.S.C. § 396b — Establishment; boundaries; administration

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 396b — Establishment; boundaries; administration

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 Haleakala̅ National Park. The park so established shall be administered in accordance with the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535),11 See References in Text note below. as amended and supplemented, and in accordance with any other applicable provision of law relating to the Maui portion of Hawaii National Park.

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Stable record: federal_law:legal_authorities:record_usc_22c6fe6304847b5ea0e32089
Source file: Laws/federal/codes/united-states-code/title-16/section-396b-establishment-boundaries-administration--4f703d96bc.md
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Source location: Title 16, Chapter 1, § 396b; chapter-001-national-parks-military-parks-monuments-and-seashores.md

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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 Haleakala̅ National Park. The park so established shall be administered in accordance with the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535),11 See References in Text note below. as amended and supplemented, and in accordance with any other applicable provision of law relating to the Maui portion of Hawaii National Park.

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 100101 — Promotion and regulation

**(a) In General.—** The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. **(b) Declarations.—** (1) **1970 declarations.—** — Congress declares that— (A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions; (B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage; (C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and (D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System. (2) **1978 reaffirmation.—** — Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 391d — Change in name of part of Hawaii National Park

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 Hawaiʻi Volcanoes National Park.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, act Aug. 25, 1916, ch. 408, § 1, 39 Stat. 535; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–333, div. I, title VIII, § 814(e)(1), Nov. 12, 1996, 110 Stat. 4196, related to creation of National Park Service. See sections 100101(a), 100301, and 100302(a)(1), (2), (b), (c) of Title 54, National Park Service and Related Programs. #### Short Title of 2019 Amendment Pub. L. 116–9, § 1(a), Mar. 12, 2019, 133 Stat. 580, provided that: “This Act [see Tables for classification] may be cited as the ‘John D. Dingell, Jr. Conservation, Management, and Recreation Act’.” #### Short Title of 2008 Amendment Pub. L. 110–229, § 1(a), May 8, 2008, 122 Stat. 754, provided that: “This Act [see Tables for classification] may be cited as the ‘Consolidated Natural Resources Act of 2008’.” #### Short Title of 2004 Amendment Pub. L. 108–352, § 1, Oct. 21, 2004, 118 Stat. 1395, provided that: “This Act [see Tables for classification] may be cited as the ‘National Park System Laws Technical Amendments Act of 2004’.” #### Short Title of 2002 Amendment Pub. L. 107–236, § 1, Oct. 9, 2002, 116 Stat. 1483, provided that: “This Act [amending [section 460kk of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460kk&num=0&edition=prelim)] may be cited as the ‘Santa Monica Mountains National Recreation Area Boundary Adjustment Act’.” #### Short Title of 2000 Amendment Pub. L. 106–510, § 1, Nov. 13, 2000, 114 Stat. 2363, provided that: “This Act [see Tables for classification] may be cited as the ‘Hawaii Volcanoes National Park Adjustment Act of 2000’.” #### Short Title of 1983 Amendment Pub. L. 98–141, § 1, Oct. 31, 1983, 97 Stat.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 391 — Establishment; boundaries

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:

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 391a — Boundary on island of Maui changed

The boundary of the Hawaii National Park on the island of Maui is changed to read as follows:

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 392 — Acquisition of privately owned lands

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section391&num=0&edition=prelim), 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: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 392

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 392a — Provisions of section 392 extended to additional lands

The provisions of [section 392 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section392&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section391a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 393 — Entries under land laws; rights-of-way; lands excluded

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 the Act of February fifteenth, nineteen hundred and one,11 See References in Text note below. applicable to the location of rights of way in certain national parks and the national forests for irrigation and other purposes, shall be and remain 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: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 393

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 394 — Control; rules and regulations; leases; appropriations

Hawaii National Park shall be under the executive control of the Secretary of the Interior whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations 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. The Secretary 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 and 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. The Secretary may in his discretion grant to persons or corporations now holding leases of land in the park, 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 othe

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 394

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 395 — Exclusive jurisdiction in United States; exceptions; laws applicable; fugitives from justice

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: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 395

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