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

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 Section 207(a), (f) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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.