16 U.S.C. § 391b — Extension of boundaries

Page 203 TITLE 16—CONSERVATION § 391b five and three-tenths feet along the land of Pulehunui to a concrete monument marked Number 20. 16. One hundred and ninety-nine degrees twen- ty-three minutes ten thousand seven hundred and twenty-six feet along the remaining portion of the land of Kalialinui to the point of begin- ning, passing over a concrete monument marked Number 22 at a distance of six thousand four hundred thirty-six and seven-tenths feet; includ- ing portions of the lands of Kealahou 3 and 4, Pulehunui, Kalialinui, Kaupo, Nuu, Nakula, Kahikinui and Papaanui, Island of Maui, and containing seventeen thousand one hundred and thirty acres, more or less; and all of those lands lying within the boundary above described are included in and made a part of the Hawaii Na- tional Park subject to all laws and regulations pertaining to said park. (Feb. 12, 1927, ch. 111, § 1, 44 Stat. 1087.) 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. § 391b. Extension of boundaries When title to all or any of the following-de- scribed lands on the island of Hawaii, in the Ter- ritory of Hawaii, shall be vested in the United States, such lands shall be, and the same are, added to and made a part of the Hawaii National Park: Kalapana extension (being portions of the lands of Kahaualea, Panaunui, and Apua and all of the lands of Poupou, Pulama, Kamoamoa, Laeapuki, Panauiki, Kealakomo, and Kahue, in the district of Puna, and portion of the land of Keauhou, in the district of Kau): Beginning at the United States National Ocean Survey tri- angulation station Kupapau (marked by a sur- vey tablet set in large rock), the true azimuth and distance from said point of beginning to the United States National Ocean Survey triangula- tion station Hakuma (marked by a United States National Ocean Survey tablet set in smooth lava outcrop and surrounded by a cir- cular patch of cement near edge of sea pali) being two hundred and forty-four degrees forty minutes and fifty seconds exactly fourteen thou- sand four hundred and thirteen feet and running as follows, all azimuths being measured clock- wise from true south (note azimuths of courses 1 to 4, inclusive, are referred to Hakuma merid- ian): Along the seacoast at high-water mark, in a general southwesterly direction for the first five courses, the true azimuths and distances be- tween points on said seacoast being— 1. Exactly sixty-six degrees and fifteen min- utes twenty-six thousand three hundred and thirty-six and six-tenths feet to United States National Ocean Survey station Laeapuki, marked by a survey tablet set in mound and cov- ered by a small cairn; 2. Exactly sixty degrees and ten minutes eighteen thousand seven hundred feet to Kaena Point; 3. Exactly seventy-one degrees and fifty-six minutes, twenty-one thousand three hundred and fifty feet to Apua Point; 4. Exactly ninety-eight degrees and forty-five minutes seven thousand four hundred feet to a pipe in concrete at a place called Okiokiahu (note: azimuths of courses 5 to 11, inclusive, are referred to Uwekahuna meridian); 5. One hundred and nine degrees fifty-seven minutes and twenty-two seconds ten thousand seven hundred and seventeen and nine-tenths feet to a pipe in concrete at a place called Makaloa; thence 6. One hundred and seventy degrees four min- utes and thirty-nine seconds exactly six thou- sand eight hundred feet along Hawaii National Park, Kilauea section, to the foot of the Puueo pali; 7. Two hundred and forty-three degrees five minutes and thirty seconds exactly one thou- sand nine hundred and seventy-three feet along the foot of Puueo pali along portion of the land of Keauhou; 8. Exactly two hundred and eighty-six degrees fifty minutes exactly nine thousand seven hun- dred feet along portion of the land of Keauhou; 9. One hundred and seventy-eight degrees thir- ty-eight minutes and twenty-five seconds ex- actly twelve thousand five hundred feet along portion of the land of Keauhou to a pipe in con- crete at top of the Poliokeawe pali; 10. One hundred and sixty-six degrees twenty- two minutes and twenty-four seconds twelve thousand four hundred and sixty-seven and nine- tenths feet along portion of the land of Keauhou to a pipe in concrete on the south boundary of Hawaii National Park, Kilauea section; 11. Exactly two hundred and sixty-nine degrees and ten minutes twenty-one thousand one hun- dred forty-six and five-tenths feet along Hawaii National Park, Kilauea section, to a pipe (note: azimuths of courses 12 and 13 are referred to Puu Huluhulu meridian): 12. Exactly two hundred and eleven degrees and thirty minutes thirteen thousand seventy- four and seven-tenths feet along Hawaii Na- tional Park, Kilauea section, to a pipe; 13. Exactly two hundred and eighty-one de- grees exactly two thousand nine hundred and thirty-one feet along portion of the land of Kahaualea (note: azimuths of courses 14 to 24, inclusive, are referred to Hakuma meridian); 14. Exactly two hundred and twelve degrees and thirty minutes exactly eight thousand and fifteen feet along the land of Kahaualea; 15. Exactly two hundred and ninety-seven de- grees and fifteen minutes exactly twenty-four thousand five hundred and fifty-two feet along the land of Kahaualea; 16. Exactly two hundred and forty-five degrees and fifty-eight minutes exactly six thousand one hundred and sixty-eight feet along the land of Kahaualea; 17. Exactly three hundred and twenty-six de- grees and thirty-one minutes exactly five thou- sand two hundred and forty-eight feet along the land of Kahaualea; 18. Exactly three hundred and fifty-nine de- grees and fifteen minutes exactly four hundred and forty-five feet along the land of Kahaualea; 19. Exactly three hundred and twenty-nine de- grees exactly two thousand two hundred and eleven feet along the land of Kahaualea; Page 204 TITLE 16—CONSERVATION § 391b 20. Two hundred and thirty-four degrees thir- ty-nine minutes and forty seconds exactly three thousand two hundred and eighty-three feet across portion of the land of Kahaualea; 21. Exactly three hundred and thirty-eight de- grees and twelve minutes three thousand nine hundred and twenty-seven and five-tenths feet along the land of Kapaahu; 22. Exactly three hundred and thirty-four de- grees and thirty minutes exactly one thousand seven hundred and eighty feet along the land of Kapaahu to the south corner of grant 3208 to West Kaloi; 23. Exactly three hundred and thirty-one de- grees and thirty minutes five thousand and ninety-seven and eight-tenths feet along the land of Kapaahu to a point near seacoast; thence 24. To and along the seacoast at high-water mark to the point of beginning, the true azi- muth and distance being: Exactly fifty-three de- grees and eighteen minutes three thousand three hundred and sixty-four feet. Area, forty-nine thousand three hundred and forty acres. Footprint extension: Beginning at the north- east corner of this tract of land, at a point on the west edge of the Keamoku Aa Flow (lava flow of 1823), and on the westerly boundary of Hawaii National Park, Kilauea section, as de- scribed in Governor’s Executive Order 86, the co- ordinates of said point of beginning referred to Government survey triangulation station Uwekahuna, being four thousand seven hundred and six and six-tenths feet south and seventeen thousand nine hundred and seventy and three- tenths feet west, and the true azimuth and dis- tance from said point of beginning to Govern- ment survey triangulation station Ohaikea being one hundred and sixty-six degrees and twenty minutes exactly six thousand three hun- dred and fifty feet, as shown on Government sur- vey registered map 2388, and running by azi- muths measured clockwise from true south— 1. Three hundred and forty-six degrees and twenty minutes exactly fourteen thousand two hundred and fifty-eight feet along Hawaii Na- tional Park, Kilauea section, as described in Governor’s Executive Order 86; 2. Fifty degrees and twenty-five minutes ex- actly twenty-seven thousand six hundred and fifteen feet along Hawaii National Park, Kilauea section, as described in Governor’s Executive Order 81, thence along the remainder of the Gov- ernment land of Kapapala to the point of begin- ning as follows: 3. One hundred and ninety-one degrees no min- utes and twenty seconds thirteen thousand five hundred and forty-four and five-tenths feet to a pipe at fence corner a little southwest of the old halfway house and about twenty feet southeast of the edge of the Government main road; 4. Two hundred and thirty-four degrees and twenty-five minutes one thousand three hundred and seventy-seven and five-tenths feet to a pipe on a mound of pahoehoe about ninety feet south- east of the Government main road; 5. Two hundred and twenty degrees and forty minutes exactly one thousand seven hundred and eighty-seven feet crossing the Government main road to a spike in large boulder in stone wall about one hundred and twenty-five feet north of the Government main road; thence 6. Along stone wall over the lava flows, the boundary following the wall in its turns and windings, the direct azimuth and distance being: two hundred and nineteen degrees twenty-two minutes and forty-five seconds exactly eighteen thousand one hundred and twenty-one feet to a point in said stone wall. 7. Two hundred and thirty-eight degrees and seven minutes exactly two hundred and fifty feet partly along stone wall to a pipe in the mid- dle of a corral; 8. Two hundred and thirty-four degrees and two minutes exactly two hundred feet across corral and along stone wall to a point in said wall; 9. Two hundred and thirty-nine degrees and thirty minutes exactly three hundred and fif- teen feet along stone wall to a pipe at end of wall and on the south side of the old Peter Lee Road; 10. One hundred and eighty-five degrees and thirty minutes exactly three hundred and eighty feet crossing old Peter Lee Road and along fence to a pipe at fence corner on the west bank of a ravine; thence 11. Following along the west bank of ravine, the direct azimuth and distance being: two hun- dred and three degrees and twenty-three min- utes four hundred seventy-five and seven-tenths feet to a pipe on the west bank of the ravine; 12. Two hundred and twenty degrees and fifty- four minutes exactly two hundred and forty-five feet across ravine and along fence to a spike in stone pile; 13. Two hundred and twelve degrees and forty- four minutes exactly two hundred feet along fence to a spike in stone pile; 14. Two hundred and twenty-two degrees and fifty-three minutes exactly two hundred and forty feet along fence to a spike in stone pile; 15. Two hundred and twenty-five degrees and forty-six minutes three hundred and forty and six-tenths feet to the point of beginning and containing an area of five thousand seven hun- dred and thirty acres, more or less; and, in addi- tion, any lands adjacent or contiguous to the Hawaii National Park as extended which, in the discretion of the Secretary of the Interior, are necessary for the proper rounding out of the boundaries of the park. Land (including the land depicted on the map entitled ‘‘NPS–PAC 1997HW’’) may be acquired by the Secretary through donation, exchange, or purchase with donated or appropriated funds. (June 20, 1938, ch. 530, § 1, 52 Stat. 781; Pub. L. 105–380, § 2, Nov. 12, 1998, 112 Stat. 3401; Pub. L. 106–510, § 2, Nov. 13, 2000, 114 Stat. 2363.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–510 substituted at end ‘‘park. Land (including the land depicted on the map entitled ‘NPS–PAC 1997HW’) may be acquired by the Secretary through donation, exchange, or purchase with donated or appropriated funds.’’ for ‘‘park: Provided, That the United States shall not purchase, by appropriation of public moneys, any land within the aforesaid area, but such lands shall be secured by the United States only by public and private donations, except for the land de- picted on the map entitled ‘NPS–PAC 1997HW’, which may be purchased with donated or appropriated funds.’’ 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