Title 16, ConservationRelease 119-110

§392c Addition to Hawaiʻi Volcanoes National Park

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of the Interior may get by donation or by swapping about 5,650 acres (tract 118/22) for Hawaiʻi Volcanoes National Park, as shown in the park’s Land Protection Plan recommended May 17, 1985. That plan is available for the public to view at the National Park Service office in Washington, D.C., and at the park superintendent’s office in Hawaii. Land owned by the State of Hawaii or its local governments can only be acquired by donation or exchange. If the Secretary uses a land swap, he may offer other federal property in Hawaii that he manages, but not land that is part of the National Park System. The lands should have roughly equal value, or money can be paid to make them equal, but any extra payment cannot be more than 25 percent of the appraised value of the 5,650-acre tract. Any money paid to the Secretary goes into the U.S. Treasury. To help with swaps, the General Services Administrator must transfer control of excess or surplus federal property in Hawaii to the Secretary on request without payment. The Secretary must consult the State of Hawaii when picking federal lands for an exchange, and ceded lands may not be used. Land acquired this way will be managed as part of Hawaiʻi Volcanoes National Park under park laws. Up to $700,000 may be appropriated to carry out these actions.

Full Legal Text

Title 16, §392c

Conservation, Source: USLM XML via OLRC

(a)Acquisition of land (b) Exchange of land; equalization payments
Notwithstanding any other provision of section 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.
(c)State owned land; acquisition only by donation or exchange
Real property owned by the State of Hawaii or any political subdivision thereof may be acquired only by donation or exchange.
(d)Transfer of administrative jurisdiction over surplus federally owned real property in Hawaii to facilitate exchange; exchange of land with State of Hawaii, consultation, limitation
(1)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.
(2)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.
(3)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.
(e)Administration of land acquired
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.
(f)Authorization of appropriations
There is hereby authorized to be appropriated up to $700,000 to carry out the purpose of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Pub. L. 108–352 substituted “Hawaiʻi Volcanoes” for “Hawaii Volcanoes” in two places in subsec. (a) and in subsec. (e).

Reference

Citations & Metadata

Citation

16 U.S.C. § 392c

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110