16 U.S.C. § 395 — Exclusive jurisdiction in United States; ex-

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 The Act, insofar as it related to National Park System units, was repealed and restated as sec- tion 100902(a) of Title 54, National Park Service and Re- lated Programs, by Pub.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 Page 209 TITLE 16—CONSERVATION § 395d Hawaii National Park in the Territory of Ha- waii, saving, however, to the Territory of Hawaii the right to serve civil or criminal process with- in the limits of the aforesaid park in suits or prosecutions for or on account of rights ac- quired, obligations incurred, or crimes com- mitted outside of said park, and saving further to the Territory of Hawaii the right to tax per- sons and corporations, their franchises and prop- erty on the lands included in said park. All the laws applicable to places under the sole and ex- clusive jurisdiction of the United States shall have force and effect in said park. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from jus- tice found in the Territory of Hawaii. (Apr. 19, 1930, ch. 200, § 1, 46 Stat. 227.) 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. 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. §§ 395a, 395b. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 Section 395a, act Apr. 19, 1930, ch. 200, § 2, 46 Stat. 227, related to courts having jurisdiction of offenses. See section 3231 of Title 18, Crimes and Criminal Procedure, and rule 18 of Federal Rules of Criminal Procedure, Title 18, Appendix. Section 395b, act Apr. 19, 1930, ch. 200, § 3, 46 Stat. 227, related to applicability of Hawaiian laws to offenses. See section 13 of Title 18. § 395c. Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties All hunting or the killing, wounding, or cap- turing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Inte- rior. That the Secretary of the Interior shall make and publish such general rules and regula- tions as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, espe- cially for the preservation from injury or spolia- tion of all timber, natural curiosities, or won- derful objects within said park, and for the pro- tection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations gov- erning the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from in- jury or spoliation of timber, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park willfully commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curi- osities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or impris- onment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings. (Apr. 19, 1930, ch. 200, § 4, 46 Stat. 227.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Apr. 19, 1930, which is classified to sections 395 to 395j of this title. For complete classification of this Act to the Code, see Tables. 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. § 395d. Forfeiture of property used for unlawful purposes All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, en- snaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the