16 U.S.C. § 394 — Control; rules and regulations; leases; appropriations

submitted 110 years ago by ch. 264 to r/title-16-CONSERVATION · 446 words · no verdicts yet

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This law puts Hawaii National Park under the Secretary of the Interior's control. The Secretary makes rules to protect the park's natural resources and can grant limited 20-year leases for visitor buildings. No park improvement funding can happen until needed private land easements are secured.

This section has no lettered subsections, so this translation follows it as one flowing rule, in the order it appears. Hawaii National Park is under the executive control of the Secretary of the Interior. As soon as practical, the Secretary must write and publish rules and regulations for taking care of and managing the park. These rules must protect all timber, birds, mineral deposits, and natural curiosities or wonders in the park from injury, and keep them as close to their natural condition as possible. The Secretary may, at their discretion, grant leases for up to twenty years, at whatever annual rent the Secretary decides, for parcels of park land — no more than twenty acres total to any one person, corporation, or company — to build and maintain buildings for visitors. But no such lease can include any of the park's curiosities or points of interest, or block the public's free and easy access to them. A lease also cannot give, directly or by implication, any exclusive privilege in the park beyond the specific leased premises and the time granted. Every lease must require the lessee — the person or company leasing the land — to follow every provision of any Act of Congress and every rule, order, or regulation the Secretary issues about managing the park or protecting anything in it; breaking these rules can cause the lease to be forfeited. The Secretary may also, at their discretion, let people or corporations who currently hold park leases give those up and get new leases instead, on the same terms as their old leases, with whatever changes, restrictions, or added conditions the Secretary decides to include. All proceeds from these leases, and any other revenue connected to the park, must be spent — under the Secretary's direction — on managing and protecting the park and building roads and paths inside it. The Secretary may also allow buildings to be built and kept in the park for scientific purposes. Finally, no money can be spent to improve or maintain the park until proper deeds have been given to the United States for the permanent easements and rights-of-way over private land within the park's boundaries that the Secretary decides are necessary to make the park reasonably accessible everywhere. Once those easements and rights-of-way have been transferred to the United States, the Secretary must report that to Congress.

the actual law source: uscode.house.gov ↗public domain

Hawaii National Park shall be under the executive 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 discretion 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 accommodation 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 convenient approach thereto or convey, either expressly or by implication, any exclusive privilege within the park except upon the premises held thereunder and for the time granted therein; 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 concerning the use, care, management, or government 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 stipulations contained in their present leases, with such modifications, restrictions, and reservations as he may prescribe. All of the proceeds of said leases and other revenues that may be derived from any source connected with the park shall be expended under the direction of the Secretary, in the management and protection of the same and the construction of roads and paths therein. The Secretary may also, in his discretion, 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 maintenance of said park until proper conveyances shall be made to the United States of such perpetual 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 accessible 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.

Source credit: (Aug. 1, 1916, ch. 264, § 4, 39 Stat. 434; June 5, 1924, ch. 263, 43 Stat. 390.)

history & why it existsrecord from the source credit

1916Enacted · Act of Aug. 1, 1916, ch. 264 · 39 Stat. 434
1924Amended · Act of June 5, 1924, ch. 263 · 43 Stat. 390

A history note hasn’t been published yet. The record shows enactment by ch. 264 on 1916-08-01.

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