16 U.S.C. § 392c — Addition to Hawaiʻi Volcanoes National Park
submitted 88 years ago by Pub. L. 99-564 to r/title-16-CONSERVATION · 534 words · no verdicts yet
This law lets the Secretary of the Interior add about 5,650 acres to Hawaiʻi Volcanoes National Park. The Secretary can get this land only by donation or exchange, not by force. Congress authorized up to $700,000 to carry this out.
(a) Acquisition of land: Despite other laws about nearby park land, the Secretary of the Interior (called "the Secretary" in this section) may acquire about 5,650 acres of land — identified as tract 118/22 on a specific map from the park's 1985 Land Protection Plan — but only by donation or exchange. That plan must be kept on file for public viewing at the National Park Service's Washington, D.C. office and at the park's Superintendent's office in Hawaii.
(b) Exchange of land; equalization payments: If the Secretary acquires this land by exchange, the Secretary can give the other party title to United States government land in Hawaii that the Secretary manages — except land that is part of the National Park System — if the Secretary decides it is suitable. The two properties being swapped should be worth about the same. If they are not equal in value, money must be paid to whichever side is owed the difference. That equalization payment can never be more than one-fourth (25 percent) of the appraised value of the park land being acquired. Any money paid to the Secretary goes to the Treasury as miscellaneous receipts.
(c) State-owned land: acquisition only by donation or exchange: If the land belongs to the State of Hawaii or one of its local governments, the Secretary can only get it by donation or exchange — never any other way.
(d) Transfer of administrative jurisdiction; exchange with State of Hawaii: To help with an exchange, the Administrator of General Services must transfer to the Secretary — free of charge, upon request — administrative control over any excess or surplus federal land in Hawaii to use in the trade. When trading land with the State of Hawaii, the Secretary must consult with the State to pick suitable land to trade. Any federal land picked for a trade with the State of Hawaii cannot be land that was originally ceded to the federal government by Hawaii.
(e) Administration of land acquired: Once the Secretary acquires this land, it becomes part of Hawaiʻi Volcanoes National Park and is run under the same laws and regulations as the rest of the park.
(f) Authorization of appropriations: Congress may provide up to $700,000 to pay for carrying out this section.
Notwithstanding any other provision of sections 391b, 391b–1, 392b, 396, and 396a of this title, the Secretary of the Interior (hereinafter referred 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 Acquisition”, in the Hawaiʻi 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 Interior, Washington, D.C. and the Office of the Superintendent, Hawaiʻi Volcanoes National Park, Hawaii.
In exercising his authority to acquire the real property referred to in subsection (a) by exchange, 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 administrative jurisdiction, other than real property within or administered as a part of the National Park System, in the State of Hawaii which he determines is suitable for such exchange. The values of the properties exchanged shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of money to the grantor or to the Secretary as the circumstances require. In no circumstance shall an equalization payment exceed one fourth (25 percent) the appraised 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.
Real property owned by the State of Hawaii or any political subdivision thereof may be acquired only by donation or exchange.
In order to facilitate the acquisition of the real property referred to in subsection (a) by exchange, notwithstanding any other provision of law, upon request of the Secretary, the Administrator of General Services shall transfer to the Secretary, without reimbursement, administrative jurisdiction over any excess or surplus United States Government real property in the State of Hawaii for purposes of such an exchange.
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 identifying suitable exchange lands belonging to the United States Government.
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 Government.
The real property acquired by the Secretary pursuant to this section shall be administered by the Secretary as part of Hawaiʻi Volcanoes National Park, subject to the laws and regulations applicable to the Park.
There is hereby authorized to be appropriated up to $700,000 to carry out the purpose of this section.
Source credit: (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.)
- 1938Enacted · Pub. L. 99-564 · 100 Stat. 3179
- 2004Amended · Pub. L. 108-352 · 118 Stat. 1395
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-564 on 1938-06-20.
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