16 U.S.C. § 397 — Establishment; boundaries

Page 214 TITLE 16—CONSERVATION § 397 ‘‘(3) used by the agency for that specific purpose. ‘‘(c) AVAILABILITY OF FUNDS.—The Secretary of the Treasury shall hereafter use funds in the Treasury not otherwise appropriated to make any cash transfer that is necessary under subsection (b) to allow an agency to use the proceeds of a public sale of property. ‘‘(d) AGENCY DEFINED.—In this section the term ‘agency’ includes— ‘‘(1) any instrumentality of the United States, or ‘‘(2) any element of an agency, or ‘‘(3) any wholly owned or mixed-owned United States Government corporation identified in chapter 91 of title 31, United States Code. ‘‘(e) PROPERTY DEFINED.—Notwithstanding the defini- tion of ‘property’ found in the Federal Property and Administrative Services Act of 1949, as amended [now 40 U.S.C. 102(9)], in this section the term ‘property’ in- cludes any property—real, personal (including intan- gible assets sold or offered by the Federal Deposit In- surance Corporation or the Resolution Trust Corpora- tion, such as financial instruments, notes, loans, and bonds), or mixed—owned, held, or controlled by the United States (including that in a corporate capacity or as a receiver or conservator, or such other similar fi- duciary relationship), and offered for sale by any agen- cy or instrumentality of the United States, including but not limited to the General Services Administra- tion, Department of Defense, Department of the Inte- rior, Department of Agriculture, Department of Hous- ing and Urban Development, the United States Courts and any Government corporation, agency or instrumen- tality subject to chapter 91 of title 31, United States Code; real property as used in this section means any land or interest in land or option to purchase land, any improvements on such lands, or rights to their use or exploitation. ‘‘(f) The Secretary of the Treasury, in consultation with the Secretary of the Interior, shall establish pro- cedures to permit the accounts described in subsection (a)(2) to receive deposits, to make deposits into escrow when an escrow is required for the sale of any property, and to reinstate to such accounts any unused escrow deposits if sales are not consummated.’’ SUBCHAPTER XLIII—PU‘UHONUA O HO¯ NAUNAU NATIONAL HISTORICAL PARK § 397. Establishment; boundaries (a) Establishment When title to such lands located on the island of Hawaii, within the following-described area, as shall be designated by the Secretary of the Interior, in the exercise of his judgment and dis- cretion as necessary and suitable for the pur- pose, shall have been vested in the United States, said lands shall be set apart as the Pu‘uhonua o Ho¯naunau National Historical Park, in the Territory of Hawaii, for the benefit and inspiration of the people: PARCEL 1 Being all of R. P. 3306, L. C. Aw. 7219, Apana 2 to Kaliae, all of L. C. Aw. 9470 to Muki, and por- tions of R. P. 7874, L. C. Aw. 11216 Apana 34 to M. Kekauonohi (Ahupuaa of Honaunau), and R. P. 6852, L. C. Aw. 7712 Apana 1 to M. Kekuanaoa (Ahupuaa of Keokea). Beginning at a one and one-half-inch pipe in concrete monument called ‘‘Kalani’’, at the southeast corner of this parcel, the northeast corner of parcel 3, and on the common boundary of the lands of Keokea and Kiilae, the coordi- nates of said point of beginning referred to Gov- ernment Survey Triangulation Station ‘‘Lae-O- Kanoni’’ being seven thousand four hundred forty-four and eight-tenths feet south and five thousand three and two-tenths feet east, and running by azimuths measured clockwise from true south: 1. Seventy-nine degrees thirty-three minutes fifteen seconds six hundred and eighty feet along the land of Kiilae, L. C. Aw. 8521–B to G. D. Hueu and passing over a rock called ‘‘Kuwaia’’, marked K+K at six hundred seventy-three and two-tenths feet to high-water mark; thence along high-water mark, along seacoast for the next three courses, the direct azimuths and dis- tances between points at seacoast being: 2. One hundred and thirty-five degrees fifty- one minutes three thousand nine hundred sev- enty-six and one-tenth feet; 3. One hundred and fifty-two degrees twenty- five minutes one thousand and seventy-eight feet; 4. Two hundred and forty degrees fifty-five minutes one thousand two hundred four and four-tenths feet; 5. Three hundred and fifty-four degrees nine minutes two hundred twenty-four and one-tenth feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi, along stone wall and old trail; 6. Two hundred and sixty degrees fifty-four minutes one hundred seventy-five and nine- tenths feet across old trail along stone wall to a ‘‘+’’ on rock; 7. One hundred and fifty-eight degrees six min- utes seventy-two feet along L. C. Aw. 7296 to Puhi, along stone wall; 8. Two hundred and sixty degrees thirty-six minutes ninety and seven-tenths feet along stone wall; 9. One hundred and ninety-four degrees ten minutes sixty-two and nine-tenths feet along stone wall along L. C. Aw. 7295 and 6979–B:2 to Keolewa; 10. One hundred and seventy-five degrees fifty- four minutes twenty-six and nine-tenths feet along stone wall; 11. Two hundred and fifteen degrees thirty- seven minutes forty-seven and four-tenths feet along stone wall along remainder of L. C. Aw. 11216:34 to M. Kekauonohi; 12. One hundred and seventy-two degrees twen- ty-eight minutes forty-eight and one-tenth feet along same; 13. Two hundred and twenty-six degrees twen- ty-three minutes two hundred twenty-eight and eight-tenths feet along remainder of L. C. Aw. 11216:34 to M. Kekauonohi to the south side of fifty-foot road; 14. Two hundred and sixty-four degrees fifty- one minutes one hundred fifteen and two-tenths feet along the south side of fifty-foot road; 15. Two hundred and fifty-two degrees thirteen minutes two hundred and two-tenths feet along same; 16. Two hundred and eighty-six degrees thirty minutes one hundred seventy and nine-tenths feet along same; 17. Two hundred and thirty-eight degrees twenty-five minutes ninety-two and eight- tenths feet along same; 18. Two hundred and twenty-three degrees one minute one hundred fourteen and four-tenths feet along same; 19. Three hundred and thirty-eight degrees forty-nine minutes thirty seconds four thousand Page 215 TITLE 16—CONSERVATION § 397 nine hundred eighty and three-tenths feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi and L. C. Aw. 7712:1 to M. Kekuanaoa and passing over a one and one- fourth-inch pipe in concrete monument at one thousand four hundred eighty-one and six-tenths feet to the point of beginning. Area, one hundred sixty-six and ninety one- hundredths acres. PARCEL 2 Being portions of L. C. Aw. 11216 Apana 34 to M. Kekauonohi, R. P. 7874 (Ahupuaa of Honaunau). Beginning at a pipe in concrete at the north- east corner of this parcel, the coordinates of said point of beginning referred to Government Survey Triangulation Station ‘‘Lae-O-Kanoni’’ being two thousand one hundred thirty-nine feet south and eleven thousand six hundred seven- teen and nine-tenths feet east and running by azimuths measured clockwise from true south: 1. Three hundred fifty-eight degrees twenty- three minutes two hundred sixty and four-tenths feet along the remainder of L. C. Aw. 11216:34 to M. Kekauonohi; 2. Ninety-three degrees thirty minutes two hundred and sixty-nine feet along the same, along stone wall, along lot 2 of the subdivision by B. P. Bishop estate; 3. Eighty-two degrees no minutes three hun- dred and eighteen feet along same to the east side of fifty-foot road; 4. Thence along the east side of fifty-foot road, the direct azimuth and distance being: one hun- dred seventy-one degrees twenty minutes two hundred ninety-one and five-tenths feet; 5. Two hundred and seventy degrees no min- utes six hundred and twenty feet along the re- mainder of L. C. Aw. 11216:34 to M. Kekauonohi to the point of beginning. Area, three and seventy one-hundredths acres. Together with an easement six feet wide for a pipeline right-of-way extending from the Gov- ernment road to parcel 1, the south side of said right-of-way being described as follows: Beginning at the east end of this right-of-way on the common boundary of the lands of Honaunau and Keokea, the coordinates of said point of beginning referred to Government Sur- vey Triangulation Station ‘‘Lae-O-Kanoni’’ being three thousand one hundred ninety and eight-tenths feet south and eleven thousand sev- enty-eight and eight-tenths feet east, and run- ning by azimuths measured clockwise from true south: 1. Eighty degrees thirty-six minutes five sec- onds one hundred and seventeen feet along L. C. Aw. 7712:1 to M. Kekuanaoa, to the Triangula- tion Station ‘‘Ahupuaa’’ of the B. P. Bishop es- tate; 2. Eighty-two degrees twenty minutes seven thousand two hundred eighty-nine and one-tenth feet along same to a one and one-fourth-inch pipe in concrete monument on the east bound- ary of parcel 1 the coordinates of said point of the end of this six-foot right-of-way referred to Government Triangulation Station ‘‘Lae-O- Kanoni’’ being four thousand one hundred eighty-two and four-tenths feet south and three thousand seven hundred thirty-nine and four- tenths feet east. Area, one and two one-hundredths acres. PARCEL 3 Being portion of L. C. Aw. 8521–B to G. D. Hueu, being portion of the Ahupuaa of Kiilae. Beginning at a one and one-half-inch pipe in concrete monument called ‘‘Kalani’’ at the northeast corner of this parcel, the southeast corner of parcel 1, on the common boundary of the land of Keokea and Kiilae, the coordinates of said point of beginning referred to Govern- ment Survey Triangulation Station ‘‘Lae-O- Kanoni’’ being seven thousand four hundred forty-four and eight-tenths feet south and five thousand three and two-tenths feet east and running by azimuths measured clockwise from true south: 1. Three hundred thirty-eight degrees forty- nine minutes thirty seconds five hundred nine- ty-five and four-tenths feet along the remainder of L. C. Aw. 8521–B to G. D. Hueu to the eight thousand foot south coordinates line referred to Government Survey Triangulation Station ‘‘Lae-O-Kanoni’’; 2. Ninety degree no minutes one thousand ninety-nine and seven-tenths feet along same and along said eight thousand foot south coordi- nates line and across school grant 7 Apana 6 to high-water mark; 3. Thence along high-water mark, along sea, the direct azimuth and distance being: two hun- dred six degrees thirty-three minutes thirty sec- onds four hundred eighty-two and nine-tenths feet; 4. Two hundred fifty-nine degrees thirty-three minutes fifteen seconds six hundred eighty feet along L. C. Aw. 7712:1 to M. Kekuanaoa and pass- ing over a rock called Kuwaia, marked K+K at six and eight-tenths feet to the point of begin- ning. Area, ten and twenty-five one-hundredths acres. (b) Boundary modification The boundaries of Pu‘uhonua o Ho¯naunau Na- tional Historical Park are hereby modified to in- clude approximately 238 acres of lands and inter- ests therein within the area identified as ‘‘Par- cel A’’ on the map entitled ‘‘Pu‘uhonua o Ho¯naunau National Historical Park Proposed Boundary Additions, Ki‘ilae Village’’, numbered PUHO–P 415/82,013 and dated May, 2001. (c) Acquisition The Secretary of the Interior is authorized to acquire approximately 159 acres of lands and in- terests therein within the area identified as ‘‘Parcel B’’ on the map referenced in subsection (b). Upon the acquisition of such lands or inter- ests therein, the Secretary shall modify the boundaries of Pu‘uhonua o Ho¯naunau National Historical Park to include such lands or inter- ests therein. (July 26, 1955, ch. 385, § 1, 69 Stat. 376; Pub. L. 95–625, title III, § 305, Nov. 10, 1978, 92 Stat. 3477; Pub. L. 106–510, § 3(d)(1), Nov. 13, 2000, 114 Stat. 2364; Pub. L. 107–340, § 2, Dec. 16, 2002, 116 Stat. 2889.) Page 216 TITLE 16—CONSERVATION § 397a 1 See References in Text note below. Editorial Notes AMENDMENTS 2002—Pub. L. 107–340 designated existing provisions as subsec. (a), substituted ‘‘When’’ for ‘‘That, when’’, and added subsecs. (b) and (c). 2000—Pub. L. 106–510 substituted ‘‘Pu‘uhonua o Ho¯naunau National Historical Park’’ for ‘‘Puuhonua o Honaunau National Historical Park’’ in introductory provisions. 1978—Pub. L. 95–625 redesignated as ‘‘Puuhonua o Honaunau National Historical Park’’ the Park pre- viously designated ‘‘City of Refuge National Historical Park’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 106–510, § 3(d)(2), Nov. 13, 2000, 114 Stat. 2364, provided that: ‘‘Any reference in any law (other than this Act [see Short Title of 2000 Amendments note set out under section 1 of this title]), regulation, docu- ment, record, map, or other paper of the United States to ‘Puuhonua o Honaunau National Historical Park[’] shall be considered a reference to ‘Pu‘uhonua o Ho¯naunau National Historical Park’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–340, § 1, Dec. 16, 2002, 116 Stat. 2889, pro- vided that: ‘‘This Act [amending this section] may be cited as the ‘Pu‘uhonua o Ho¯naunau National Histor- ical Park Addition Act of 2002’.’’ 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. § 397a. Establishment; notice in Federal Register Upon the vesting of title in the United States to such lands as may be designated by the Sec- retary of the Interior as necessary and suitable for historical park purposes in accordance with the provisions of section 397 of this title, the Pu‘uhonua o Ho¯naunau National Historical Park shall be established by order of the said Secretary, which shall be published in the Fed- eral Register. Any other lands within the area described above shall become a part of the na- tional historical park upon the vesting of title thereto in the United States and upon publica- tion of an appropriate supplemental order by the said Secretary in the Federal Register. (July 26, 1955, ch. 385, § 2, 69 Stat. 379; Pub. L. 95–625, title III, § 305, Nov. 10, 1978, 92 Stat. 3477; Pub. L. 106–510, § 3(d)(1), Nov. 13, 2000, 114 Stat. 2364.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–510 substituted ‘‘Pu‘uhonua o Ho¯naunau National Historical Park’’ for ‘‘Puuhonua o Honaunau National Historical Park’’. 1978—Pub. L. 95–625 redesignated as ‘‘Puuhonua o Honaunau National Historical Park’’ the park pre- viously designated ‘‘City of Refuge National Historical Park’’. § 397b. Procurement of lands The Secretary of the Interior is authorized to procure, by donation or purchase, with any funds that may be available for that purpose, lands and interests in lands which may be need- ed for the Pu‘uhonua o Ho¯naunau National His- torical Park within the area described in section 397 of this title. (July 26, 1955, ch. 385, § 3, 69 Stat. 379; Pub. L. 95–625, title III, § 305, Nov. 10, 1978, 92 Stat. 3477; Pub. L. 106–510, § 3(d)(1), Nov. 13, 2000, 114 Stat. 2364.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–510 substituted ‘‘Pu‘uhonua o Ho¯naunau National Historical Park’’ for ‘‘Puuhonua o Honaunau National Historical Park’’. 1978—Pub. L. 95–625 redesignated as ‘‘Puuhonua o Honaunau National Historical Park’’ the park pre- viously designated ‘‘City of Refuge National Historical Park’’. § 397c. Acquisition of lands by Governor of the Territory of Hawaii In order to cooperate with the Secretary of the Interior in consolidating in Federal ownership lands within the area described in section 397 of this title, and to facilitate acquisition of the lands needed for the national historical park, the Governor of the Territory of Hawaii is also authorized to acquire lands for said park, at the expense of the Territory of Hawaii by exchange or otherwise, in accordance with procedure pre- scribed by section 392 of this title. (July 26, 1955, ch. 385, § 4, 69 Stat. 379.) 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 former section 491 of Title 48, Territories and Insular Possessions. § 397d. Administration The Pu‘uhonua o Ho¯naunau National Histor- ical Park shall be administered by the Secretary of the Interior subject to the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C., 1946 edition, secs. 1–4),1 as amended and supple- mented, and such additional authority compat- ible therewith as is contained in the Act of Au- gust 21, 1935 (49 Stat. 666; 16 U.S.C., 1946 edition, secs. 461–467),1 with regard to preservation of historic sites and objects of national signifi- cance. (July 26, 1955, ch. 385, § 5, 69 Stat. 379; Pub. L. 95–625, title III, § 305, Nov. 10, 1978, 92 Stat. 3477; Pub. L. 106–510, § 3(d)(1), Nov. 13, 2000, 114 Stat. 2364.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C., 1946 edition, secs. 1–4), 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