16 U.S.C. § 410jj–3 — Acquisition of lands and interests
submitted 46 years ago by Pub. L. 96-565 to r/title-16-CONSERVATION · 373 words · no verdicts yet
The Secretary can only get state-owned Hawaiian land for the park by donation or exchange, with the owner's consent. Private land can be donated, purchased, or exchanged. The Secretary may also trade outside land for park land the Department of Hawaiian Home Lands owns, but never by condemnation.
(a) State- or locally-owned lands; manner of acquisition
Inside the park's boundary, some land belongs to the State of Hawaii or one of its local governments. The Secretary can only get this land two ways: as a donation, or through an exchange — and either way, the owner must agree. Any exchange must follow the rules in section 102901(b) and (c) of title 54. There's a special rule for land held in trust for Native Hawaiians (as the Hawaiian Homes Commission Act of 1920 defines that term). If such trust land is traded away for property inside the park, federal law requires that the new owner hold the replacement property subject to the same kind of equitable trust interest that applied to the original land. Certain lands the Hawaiian Homes Commission Act calls "available lands" may be exchanged following section 204 of that Act. Once the United States gets full title to property inside the park through one of these exchanges, that trust interest ends. Until the Secretary acquires these trust lands by exchange or some other way, the Secretary may lease them from the Department of Hawaiian Home Lands — and can enter into that lease without being limited by the usual fiscal-year rules.
(b) Privately-owned lands; manner of acquisition
For privately-owned land inside the park's boundary, the Secretary has three options: accept it as a donation, buy it with donated or government money, or trade for it.
(c) Lands outside the park and other National Park System units within the State; manner of acquisition
The Secretary can also get land, water, and related interests that sit outside the park's boundary and outside any other National Park System unit, but still within Hawaii — using any of the methods above except condemnation (that is, without forcing a sale). The Secretary can then trade this outside land to the Department of Hawaiian Home Lands, in exchange for land, water, or interests that the Department owns inside the park. Any such trade must follow the same rules described in subsection (a).
Within the boundary of the park, the Secretary is authorized to acquire those lands owned by the State of Hawaii or any political subdivision thereof only by donation or exchange, and only with the consent of the owner. Any such exchange shall be accomplished in accordance with the provisions of section 102901(b) and (c) of title 54. Any property conveyed to the State or a political subdivision thereof in exchange for property within the park which is held in trust for the benefit of Native Hawaiians, as defined in the Hawaiian Homes Commission Act of 1920 shall, as a matter of Federal law, be held by the grantee subject to an equitable estate of the same class and degree as encumbers the property within the preserve; and “available lands” defined in section 203 of the Hawaiian Homes Commission Act may be exchanged in accordance with section 204 of said Act. The vesting of title in the United States to property within the park shall operate to extinguish any such equitable estate with respect to property acquired by exchange within the park. The Secretary may lease from the Department of Hawaiian Home Lands said trust lands until such time as said lands may be acquired by exchange as set forth herein or otherwise acquired. The Secretary may enter into such a lease without regard to fiscal year limitations.
The Secretary is authorized to acquire privately-owned lands within the boundary of the park by donation, purchase with donated or appropriated funds, or exchange.
The Secretary is authorized to acquire by any of the foregoing methods except condemnation, lands, waters, and interests therein outside the boundary of the park and outside the boundaries of any other unit of the National Park System but within the State of Hawaii, and to convey the same to the Department of Hawaiian Home Lands in exchange for lands, waters, and interests therein within the park owned by that Department. Any such exchange shall be accomplished in accordance with the provisions defined in subsection (a) of this section.
Source credit: (Pub. L. 96–565, title I, § 104, Dec. 22, 1980, 94 Stat. 3321; Pub. L. 100–202, § 101(g) [title I, § 100], Dec. 22, 1987, 101 Stat. 1329–213, 1329–220.)
- 1980Enacted · Pub. L. 96-565 · 94 Stat. 3321
- 1987Amended · Pub. L. 100-202 · 101 Stat. 1329
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-565 on 1980-12-22.
all 0 arguments · sorted by: best
no arguments yet — make the first case