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

Page 208 TITLE 16—CONSERVATION § 394 1 See References in Text note below. 1 So in original. The previous proviso was struck out by an amendment. primary purposes of the park the Act of Feb- ruary fifteenth, nineteen hundred and one,1 ap- plicable to the location of rights of way in cer- tain national parks and the national forests for irrigation and other purposes, shall be and re- main 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 af- fected by or subject to the provisions of this sec- tion and sections 391 and 394 of this title. (Aug. 1, 1916, ch. 264, §§ 2, 3, 39 Stat. 433, 434.) Editorial Notes REFERENCES IN TEXT Herein, referred to in text, means act Aug. 1, 1916, which is classified to sections 391, 393 and 394 of this title. For complete classification of this Act to the Code, see Tables. The Act of February fifteenth, nineteen hundred and one, referred to in text, is act Feb. 15, 1901, ch. 372, 31 Stat. 790, which is classified to section 959 of Title 43, Public Lands. The Act, insofar as it related to National Park System units, was repealed and restated as sec- tion 100902(a) of Title 54, National Park Service and Re- lated Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. CODIFICATION Section is a combination of sections 2 and 3 of act Aug. 1, 1916, all but the last sentence being derived from section 2. 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. § 394. Control; rules and regulations; leases; ap- propriations Hawaii National Park shall be under the exec- utive 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 dis- cretion 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 accommoda- tion 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 conven- ient approach thereto or convey, either ex- pressly or by implication, any exclusive privi- lege within the park except upon the premises held thereunder and for the time granted there- in; 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 con- cerning the use, care, management, or govern- ment 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 stipu- lations contained in their present leases, with such modifications, restrictions, and reserva- tions as he may prescribe. All of the proceeds of said leases and other revenues that may be de- rived from any source connected with the park shall be expended under the direction of the Sec- retary, in the management and protection of the same and the construction of roads and paths therein. The Secretary may also, in his discre- tion, permit the erection and maintenance of buildings in said park for scientific purposes: And provided further,1 That no appropriation shall be made for the improvement or mainte- nance of said park until proper conveyances shall be made to the United States of such per- petual easements and rights of way over private lands within the exterior boundaries of said park as the Secretary of the Interior shall find necessary to make said park reasonably acces- sible in all its parts, and said Secretary shall when such easements and rights of way have been conveyed to the United States report the same to Congress. (Aug. 1, 1916, ch. 264, § 4, 39 Stat. 434; June 5, 1924, ch. 263, 43 Stat. 390.) Editorial Notes AMENDMENTS 1924—Act June 5, 1924, ch. 263, struck out ‘‘Provided, That no appropriation for the maintenance, super- vision, or improvement of said park in excess of $10,000 annually shall be made unless the same shall have first been expressly authorized by law’’ before ‘‘And provided further’’. 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. § 395. Exclusive jurisdiction in United States; ex- ceptions; laws applicable; fugitives from jus- tice Sole and exclusive jurisdiction shall be exer- cised by the United States over the territory which is now or may hereafter be included in the