16 U.S.C. § 396d — Establishment

Page 211 TITLE 16—CONSERVATION § 396d 1 See References in Text note below. Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were re- pealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table pre- ceding section 100101 of Title 54. AMENDMENTS 2000—Pub. L. 106–510 substituted ‘‘Haleakala¯ National Park’’ for ‘‘Haleakala National Park’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 106–510, § 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, docu- ment, record, map, or other paper of the United States to ‘Haleakala National Park’ shall be considered a ref- erence to ‘Haleakala¯ National Park’.’’ HAWAI‘I VOLCANOES NATIONAL PARK Designation of portion of Hawaii National Park situ- ated on island of Hawaii as Hawai‘i Volcanoes National Park, effective Sept. 22, 1961 see section 391d of this title. § 396c. Land acquisition; authorization of appro- priations (a) Notwithstanding any limitations on land acquisition as provided by sections 391b, 391b–1, 392b, 392c, 396, and 396a of this title, the Sec- retary of the Interior may acquire for addition to the park any land on the island of Maui with- in 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, Depart- ment of the Interior. (b) There is authorized to be appropriated such sums but not to exceed $920,000 as may be nec- essary to carry out the purposes of this section. (Pub. L. 86–744, § 2, as added Pub. L. 94–578, title III, § 313, Oct. 21, 1976, 90 Stat. 2737; amended Pub. L. 106–510, § 3(b)(1), Nov. 13, 2000, 114 Stat. 2363.) Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–510 substituted ‘‘Haleakala¯ National Park’’ for ‘‘Haleakala National Park’’. SUBCHAPTER XLII–A—KALOKO-HONOKO¯ HAU NATIONAL HISTORICAL PARK § 396d. Establishment (a) In general (1) In order to provide a center for the preser- vation, interpretation, and perpetuation of tra- ditional native Hawaiian activities and culture, and to demonstrate historic land use patterns as well as to provide a needed resource for the edu- cation, enjoyment, and appreciation of such tra- ditional native Hawaiian activities and culture by local residents and visitors, there is estab- lished the Kaloko-Honoko¯hau National Histor- ical Park (hereinafter in this section referred to as the ‘‘park’’) in Hawaii comprising approxi- mately one thousand three hundred acres as generally depicted on the map entitled ‘‘Kaloko- Honoko¯hau National Historical Park,’’ num- bered 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- Honoko¯hau 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 inspec- tion 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 ac- quired only by donation, the Secretary is au- thorized to acquire the lands described above by donation, exchange, or purchase through the use of donated or appropriated funds, notwith- standing any prior restriction of law. (c) Administration; applicable provisions The Secretary shall administer the park in ac- cordance with this section and the provisions of law generally applicable to units of the national park system, including the Acts approved Au- gust 25, 1916 (39 Stat. 535; 16 U.S.C. 461–467),1 and August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.),1 and generally in accordance with the guidelines provided in the study report entitled ‘‘Kaloko-Honoko¯hau’’ prepared by the Honokohau Study Advisory Commission and the National Park Service, May 1974, GPO 690–514. (d) Activities and agreements; native accom- modations; 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 accom- modations. (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 ac- tivities are not inconsistent with the purposes for which the park is established, subject to reg- ulation by the Secretary. (4) The Secretary shall consult with and may enter into agreements with other governmental entities and private landowners to establish ade- Page 212 TITLE 16—CONSERVATION § 396d quate controls on air and water quality and the scenic and esthetic values of the surrounding land and water areas. In consulting with and en- tering 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 ap- propriate to employ native Hawaiians. For the purposes of this section, native Hawaiians are defined as any lineal descendants of the race in- habiting the Hawaiian Islands prior to the year 1778. (f) Advisory Commission; establishment; mem- bership; qualifications; term; Chairman; va- cancies; compensation and expenses; ex offi- cio members; duties; meetings; termination (1) There is hereby established the Na Hoa Pili O Kaloko-Honoko¯hau (The Friends of Kaloko- Honoko¯hau), 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 Com- mission 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 appoint- ment for the remainder of the term. (3) Members of the Commission shall serve without compensation. The Secretary is author- ized to pay the expenses reasonably incurred by the Commission in carrying out its responsibil- ities under this section on vouchers signed by the Chairman. (4) The Superintendent of the park, the Na- tional 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 his- torical, archeological, cultural, and interpretive programs of the park. The Commission shall af- ford particular emphasis to the quality of tradi- tional 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 on December 31, 2018. (g) Authorization of appropriations There are hereby authorized to be appro- priated not to exceed $25,000,000 for acquisition and $1,000,000 for development. (Pub. L. 95–625, title V, § 505, Nov. 10, 1978, 92 Stat. 3499; Pub. L. 96–87, title IV, § 401(i), Oct. 12, 1979, 93 Stat. 666; Pub. L. 104–333, div. I, title V, § 503(b), Nov. 12, 1996, 110 Stat. 4155; Pub. L. 106–510, § 3(c)(1), Nov. 13, 2000, 114 Stat. 2363; Pub. L. 108–142, § 2, Dec. 2, 2003, 117 Stat. 1875; Pub. L. 111–11, title VII, § 7401, Mar. 30, 2009, 123 Stat. 1219.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 461–467), referred to in subsec. (c), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Serv- ice Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), referred to in subsec. (c), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and An- tiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. AMENDMENTS 2009—Subsec. (f)(7). Pub. L. 111–11, which directed sub- stitution of ‘‘on December 31, 2018’’ for ‘‘ten years after the date of enactment of the Na Hoa Pili O Kaloko- Honokohau Re-establishment Act of 1996’’, was exe- cuted by making the substitution for ‘‘ten years after the date of enactment of the Na Hoa Pili Kaloko- Honoko¯hau Re-establishment Act of 1996’’, to reflect the probable intent of Congress. 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 inspec- tion in the appropriate offices of the National Park Service, Department of the Interior.’’, and added pars. (2) and (3). 2000—Pub. L. 106–510, § 3(c)(1)(A), amended section catchline. Subsecs. (a), (c), (f)(1), (7). Pub. L. 106–510, § 3(c)(1)(B), substituted ‘‘Kaloko-Honoko¯hau’’ 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’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 106–510, § 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, docu- ment, record, map, or other paper of the United States to ‘Kaloko-Honokohau National Historical Park’ shall be considered a reference to ‘Kaloko-Honoko¯hau Na- tional Historical Park’.’’ Page 213 TITLE 16—CONSERVATION § 396f 1 So in original. Probably should be ‘‘landowner’’. SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–142, § 1, Dec. 2, 2003, 117 Stat. 1875, provided that: ‘‘This Act [amending this section] may be cited as the ‘Kaloko-Honoko¯hau National Historical Park Addi- tion Act of 2003’.’’ EXTENSION OF KALOKO-HONOKO¯ HAU ADVISORY COMMISSION Section 503(a) of title V of div. I of Pub. L. 104–333, as amended by Pub. L. 106–510, § 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-Honoko¯hau, the Advisory Com- mission for Kaloko-Honoko¯hau National Historical Park, is hereby re-established in accordance with sec- tion 505(f), as amended by paragraph (2) of this sub- section [probably should be ‘subsection (b) of this sec- tion’, amending this section].’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under sec- tion 45f of this title. § 396e. Exchange of lands Notwithstanding any other provision of law, the Secretary is authorized and shall seek to ac- quire the lands described in section 396d(a) of this title by first acquiring Federal surplus lands of equivalent value from the General Serv- ices Administration and then exchanging such surplus lands for the lands described in section 396d(a) of this title with the land owners. Ex- changes 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 prop- erty exchanged. (Pub. L. 96–514, title I, § 100, Dec. 12, 1980, 94 Stat. 2960.) § 396f. Acquisition of private lands; creation of surplus property accounts; transfer and sale of accounts 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 ex- isting 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 accord- ance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. The Ad- ministrator of the General Services Administra- tion 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 prop- erty 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 Ad- ministrator of the transfer. At any time the Secretary may purchase the balance of any sur- plus 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. (Pub. L. 98–146, title III, § 317, Nov. 4, 1983, 97 Stat. 954; Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 708.) Editorial Notes CODIFICATION In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Fed- eral Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1989—Pub. L. 101–121 inserted sentence at end author- izing land owner to use the credits in exchange for ex- cess land, wherever located, under the jurisdiction of the Secretary of the Interior. Statutory Notes and Related Subsidiaries USE OF ACCOUNTS FOR SALES OF PROPERTIES BY AGENCIES Pub. L. 101–165, title IX, § 9102, Nov. 21, 1989, 103 Stat. 1151, as amended by Pub. L. 101–511, title VIII, § 8133(b), Nov. 5, 1990, 104 Stat. 1910; Pub. L. 103–204, § 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 para- graph (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 prop- erty 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), re- ferred 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 sub- section (a)(2); ‘‘(2) received by the agency as proceeds of such a sale; and