Title 16ConservationRelease 119-73

§392 Acquisition of privately owned lands

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER XLI— - HAWAII NATIONAL PARK › § 392

Last updated Apr 6, 2026|Official source

Summary

The governor may use Territory funds to acquire privately owned land inside Hawaii National Park (section 391) and may get permanent easements or full ownership of roads. Section 73 (Act approved April 30, 1900; amended May 27, 1910) does not apply to these exchanges.

Full Legal Text

Title 16, §392

Conservation — Source: USLM XML via OLRC

The governor of the Territory of Hawaii is authorized to acquire, at the expense of the Territory of Hawaii, by exchange or otherwise, all privately owned lands lying within the boundaries of the Hawaii National Park as defined by section 391 of this title, and all necessary perpetual easements and rights-of-way, or roadways, in fee simple, over or to said land or any part thereof, but the provisions of section 73 of an Act entitled “An Act to provide a government for the Territory of Hawaii,” approved April 30, 1900, as amended by an Act approved May 27, 1910, relating to exchanges of public lands shall not apply in the acquisition, by exchange, of the privately owned lands herein referred to.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 73 of an Act approved April 30, 1900, referred to in text, was classified to section 663, 664, 665 to 677b, 1509 to 1512 of Title 48, Territories and Insular Possessions. Those sections were omitted from the Code as obsolete. Codification section 1 of act Feb. 27, 1920, is the source of that portion of this section preceding “but the provisions of section 73”; remainder being from section 2 of that Act.

Statutory Notes and Related Subsidiaries

Hawaiʻi Volcanoes National ParkDesignation of portion of Hawaii National Park situated on island of Hawaii as Hawaiʻi Volcanoes National Park, effective Sept. 22, 1961, see section 391d of this title. Haleakala̅ National ParkEstablishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala̅ National Park, effective July 1, 1961, see section 396b of this title. Extension of ApplicationAct Apr. 11, 1928, ch. 359, § 2, 45 Stat. 426, extended provisions of this section and made them applicable to lands added to the park and included within boundary established by section 391 of this title.

Executive Documents

Admission of Hawaii as StateAdmission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by section 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, Territories and Insular Possessions.

Reference

Citations & Metadata

Citation

16 U.S.C. § 392

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73