16 U.S.C. § 391c — Withdrawal of lands for use as bombing

Page 205 TITLE 16—CONSERVATION § 391c 1 See References in Text note below. 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 do- nated or appropriated funds’’. Statutory Notes and Related Subsidiaries 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. Executive Documents 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 Adminis- tration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Serv- ices 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. ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accom- plished 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, Terri- tories and Insular Possessions. § 391b–1. Laws applicable to added lands The provisions of the Act of August 1, 1916 (39 Stat. 432), entitled ‘‘An Act to establish a na- tional park in the Territory of Hawaii’’; the Act of August 25, 1916 (39 Stat. 535), entitled ‘‘An Act to establish a National Park Service, and for other purposes’’; 1 the Act of February 27, 1920 (41 Stat. 452), entitled ‘‘An Act to authorize the Governor of the Territory of Hawaii to acquire privately owned lands and rights-of-way within the boundaries of the Hawaii National Park’’; and all Acts supplementary to and amendatory of said Acts are made applicable to and extended over the lands hereby added to the park: Pro- vided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to or extend over such lands. (June 20, 1938, ch. 530, § 4, 52 Stat. 785.) Editorial Notes REFERENCES IN TEXT The Act of August 1, 1916 (39 Stat. 432), entitled ‘‘An Act to establish a national park in the Territory of Ha- waii’’, referred to in text, is act Aug. 1, 1916, ch. 264, 39 Stat. 432, which enacted sections 391, 393, and 394 of this title. For complete classification of this Act to the Code, see Tables. The Act of August 25, 1916, entitled ‘‘An Act to estab- lish a National Park Service, and for other purposes’’, referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park 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 repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, 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 February 27, 1920 (41 Stat. 452), entitled ‘‘An Act to authorize the Governor of the Territory of Hawaii to acquire privately owned lands and rights-of- way within the boundaries of the Hawaii National Park’’, referred to in text, is act Feb. 27, 1920, ch. 89, 41 Stat. 452, which is classified to section 392 of this title. For complete classification of this Act to the code, see Tables. 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 pro- vide for the improvement of navigation; the develop- ment of water power; the use of the public lands in re- lation 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, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. CODIFICATION Section is comprised of section 4 of act June 20, 1938, less last proviso which is classified to section 392b of this title. § 391c. Withdrawal of lands for use as bombing target range Within a tract of land containing six thousand four hundred fifty acres, more or less, on the is- land of Hawaii in the Territory of Hawaii, lo- cated in the Hawaii National Park, created by sections 391, 393 and 394 of this title, and de- scribed 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 sec- onds, 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 direc- tion along the high-water line to the point of be- ginning; containing an area of six thousand four hundred and fifty acres, more or less; there shall be withdrawn from the control and jurisdiction Page 206 TITLE 16—CONSERVATION § 391d 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 bomb- ing target range, and for such other military purposes and uses as may be prescribed by the Secretary of the Air Force. (July 16, 1940, ch. 630, 54 Stat. 761; July 26, 1947, ch. 343, title II, § 207(a), (f), 61 Stat. 502, 503.) Editorial Notes CODIFICATION ‘‘Air Force’’ substituted in text for ‘‘War’’ on author- ity of section 207(a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, 503, which established a separate De- partment 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 sec- tions 8011 to 8013 continued military Department of the Air Force under administrative supervision of Sec- retary of the Air Force. Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain real property functions to Sec- retary 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. ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accom- plished 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, Terri- tories and Insular Possessions. § 391d. Change in name of part of Hawaii Na- tional 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 Hawai‘i Volcanoes National Park. (Pub. L. 87–278, Sept. 22, 1961, 75 Stat. 577; Pub. L. 106–510, § 3(a)(1), Nov. 13, 2000, 114 Stat. 2363.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–510 substituted ‘‘Hawai‘i Volcanoes National Park’’ for ‘‘Hawaii Volcanoes National Park’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 106–510, § 3(a)(2), Nov. 13, 2000, 114 Stat. 2363, provided that: ‘‘Any reference in any law (other than this Act [see Tables for classification]), regulation, doc- ument, record, map, or other paper of the United States to ‘Hawaii Volcanoes National Park’ shall be consid- ered a reference to ‘Hawai‘i Volcanoes National Park’.’’ § 392. Acquisition of privately owned lands The governor of the Territory of Hawaii is au- thorized to acquire, at the expense of the Terri- tory of Hawaii, by exchange or otherwise, all privately owned lands lying within the bound- aries of the Hawaii National Park as defined by section 391 of this title, and all necessary per- petual easements and rights-of-way, or road- ways, 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 govern- ment 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 ex- change, of the privately owned lands herein re- ferred to. (Feb. 27, 1920, ch. 89, §§ 1, 2, 41 Stat. 452, 453.) Editorial Notes REFERENCES IN TEXT Section 73 of an Act approved April 30, 1900, referred to in text, was classified to sections 663, 664, 665 to 677b, 1509 to 1512 of Title 48, Territories and Insular Posses- sions. Those sections were omitted from the Code as ob- solete. CODIFICATION Section 1 of act Feb. 27, 1920, is the source of that por- tion of this section preceding ‘‘but the provisions of section 73’’; remainder being from section 2 of that Act. Statutory Notes and Related Subsidiaries 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. HALEAKALA¯ NATIONAL PARK Establishment of detached portion of Hawaii Na- tional Park lying on island of Maui as Haleakala¯ Na- tional Park, effective July 1, 1961, see section 396b of this title. EXTENSION OF APPLICATION Act Apr. 11, 1928, ch. 359, § 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. Executive Documents ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accom- plished 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, Terri- tories and Insular Possessions. § 392a. Provisions of section 392 extended to ad- ditional lands 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.