16 U.S.C. § 393 — Entries under land laws; rights-of-way;

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 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