§410jj–3 — Title 16 Conservation | U.S. Code

Summary

The Secretary can get land inside the park that the State of Hawaii or its counties own only by donation or by swapping land, and only if the owner agrees. Any swap must follow 54 U.S.C. 102901(b) and (c). If land given to the State in a swap is held in trust for Native Hawaiians (as defined in the Hawaiian Homes Commission Act of 1920), the new land must carry the same kind of trust interest. Land listed as “available lands” under that Act may be swapped under section 204. When the United States gets clear title to park land, those trust interests tied to exchanged park property end. The Secretary may lease trust lands from the Department of Hawaiian Home Lands until they can be acquired, and such leases are allowed even if they cross fiscal years. The Secretary may also acquire private land inside the park by donation, purchase with donated or appropriated funds, or exchange. Outside the park but inside Hawaii (and not in another park unit), the Secretary may acquire land, water, or interests by those same methods except condemnation, and may swap them with the Department of Hawaiian Home Lands for land inside the park under the same rules.

Title 16, §410jj–3

Conservation — Source: USLM XML via OLRC

(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.

(b)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.

(c)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Hawaiian Homes Commission Act of 1920, referred to in subsec. (a), probably means the Hawaiian Homes Commission Act, 1920, act

July 9, 1921, ch. 42, 42 Stat. 108, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code. Codification In subsec. (a), “section 102901(b) and (c) of title 54” substituted for “section 5(b) and (c) of the Act approved

July 15, 1968 (82 Stat. 354)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. Subsection (c) of section 5 of the Act approved

July 15, 1968, meaning section 5(c) of Pub. L. 90–401, was redesignated subsection (d) and a new subsection (c) was added by Pub. L. 98–506, § 2, Oct. 19, 1984, 98 Stat. 2338.

Amendments

1987—Subsec. (a). Pub. L. 100–202 inserted at end “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.”

§410jj–3 Acquisition of lands and interests