16 U.S.C. § 392a — Provisions of section 392 extended to ad-

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 Section 207(a), (f) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. Page 207 TITLE 16—CONSERVATION § 393 (Feb. 12, 1927, ch. 111, § 2, 44 Stat. 1089.) Statutory Notes and Related Subsidiaries 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. § 392b. Conveyance of added lands to United States by Governor The Governor of the Territory of Hawaii is au- thorized 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. (June 20, 1938, ch. 530, § 4, 52 Stat. 785.) Editorial Notes CODIFICATION Section is comprised of the last provision of section 4 of act June 20, 1938, the remainder of which is classi- fied to section 391b–1 of this title. Executive Documents 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. § 392c. Addition to Hawai‘i Volcanoes National Park (a) Acquisition of land Notwithstanding any other provision of sec- tions 391b, 391b–1, 392b, 396, and 396a of this title, the Secretary of the Interior (hereinafter re- ferred 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 Acquisi- tion’’, 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 Inte- rior, Washington, D.C. and the Office of the Su- perintendent, 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) by ex- change, 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 ad- ministrative jurisdiction, other than real prop- erty within or administered as a part of the Na- tional Park System, in the State of Hawaii which he determines is suitable for such ex- change. The values of the properties exchanged shall be approximately equal, or if they are not approximately equal, the values shall be equal- ized by the payment of money to the grantor or to the Secretary as the circumstances require. In no circumstance shall an equalization pay- ment exceed one fourth (25 percent) the ap- praised value of the real property referred to in subsection (a). 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 dona- tion or exchange Real property owned by the State of Hawaii or any political subdivision thereof may be ac- quired only by donation or exchange. (d) Transfer of administrative jurisdiction over surplus federally owned real property in Ha- waii 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) by ex- change, notwithstanding any other provision of law, upon request of the Secretary, the Adminis- trator of General Services shall transfer to the Secretary, without reimbursement, administra- tive jurisdiction over any excess or surplus United States Government real property in the State of Hawaii for purposes of such an ex- change. (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 iden- tifying 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 Govern- ment. (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 regula- tions 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. (June 20, 1938, ch. 530, § 5, as added Pub. L. 99–564, § 1, Oct. 27, 1986, 100 Stat. 3179; amended Pub. L. 108–352, § 3, Oct. 21, 2004, 118 Stat. 1395.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–352 substituted ‘‘Hawai‘i Volcanoes’’ for ‘‘Hawaii Volcanoes’’ in two places in subsec. (a) and in subsec. (e). § 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 Au- gust 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 enjoy- ment of his land. Whenever consistent with the