16 U.S.C. § 395d — Forfeiture of property used for unlawful

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 Repealed.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 Page 210 TITLE 16—CONSERVATION §§ 395e to 395j 1 See References in Text note below. provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adju- dicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior. (Apr. 19, 1930, ch. 200, § 5, 46 Stat. 228.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Apr. 19, 1930, which is classified to section 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. §§ 395e to 395j. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948 Section 395e, acts Apr. 19, 1930, ch. 200, § 6, 46 Stat. 228; June 25, 1938, ch. 684, § 1, 52 Stat. 1164; June 28, 1938, ch. 778, § 1, 52 Stat. 1213; Apr. 21, 1948, ch. 223, § 2, 62 Stat. 196, related to appointment and jurisdiction of United States commissioners. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure. Section 395f, act Apr. 19, 1930, ch. 200, § 7, 46 Stat. 228, related to issuance of process. See sections 3041 and 3141 of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix. Section 395g, act Apr. 19, 1930, ch. 200, § 8, 46 Stat. 229, related to whom process issued. See section 3053 of Title 18, rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, and rule 4 of Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure. Section 395h, acts Apr. 19, 1930, ch. 200, § 9, 46 Stat. 229; June 25, 1938, ch. 684, § 2, 52 Stat. 1164; June 28, 1938, ch. 778, § 1, 52 Stat. 1213, relating to commissioner’s [now magistrate judge’s] salary. See section 633 of Title 28. Section 395i, act Apr. 19, 1930, ch. 200, § 10, 46 Stat. 229, related to fees and costs chargeable to United States. See section 604 of Title 28. Section 395j, act Apr. 19, 1930, ch. 200, § 11, 46 Stat. 229, related to disposition of fines and costs. See section 634 of Title 28. § 396. Additional lands; acceptance of title The Secretary of the Interior is authorized, in his discretion and upon submission of evidence of satisfactory title to him, to accept, on behalf of the United States, title to the lands referred to in section 391b of this title as may be deemed by him necessary or desirable for national-park purposes. (June 20, 1938, ch. 530, § 2, 52 Stat. 784.) 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. § 396a. Lease of lands to native Hawaiians, resi- dence requirements; fishing (a) The Secretary of the Interior is authorized to lease, under such rules and regulations as he may deem proper, land ascertained by him to be suitable for home site purposes in the Kalapana extension as described in section 391b of this title, to native Hawaiians when such occupancy does not encroach on or prevent free access to any points of historic, scientific, or scenic inter- est or in any manner obstruct or interfere with protection and preservation of said area as a part of the Hawaii National Park: Provided, how- ever, That occupants of homesites shall reside on the land not less than six months in any one year: And provided further, That fishing shall be permitted in said area only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance. (b) The term ‘‘native Hawaiian’’, as used in this section, means any descendant of not less than one-half part of the blood of the races in- habiting the Hawaiian Islands previous to 1778. (June 20, 1938, ch. 530, § 3, 52 Stat. 784.) 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. SUBCHAPTER XLII—HALEAKALA¯ NATIONAL PARK § 396b. Establishment; boundaries; administra- tion Effective July 1, 1961, the detached portion of the Hawaii National Park which lies on the is- land of Maui is established as a separate unit of the national park system to be known as Haleakala¯ National Park. The park so estab- lished shall be administered in accordance with the Act entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved August 25, 1916 (39 Stat. 535),1 as amended and supplemented, and in accordance with any other applicable provision of law relating to the Maui portion of Hawaii National Park. (Pub. L. 86–744, § 1, Sept. 13, 1960, 74 Stat. 881; Pub. L. 106–510, § 3(b)(1), Nov. 13, 2000, 114 Stat. 2363.) Editorial Notes REFERENCES IN TEXT The Act entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved August 25, 1916 (39 Stat. 535), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park