Title 16ConservationRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The Secretary of the Interior may accept by donation or swap about 5,650 acres identified as tract 118/22 on the Hawaiʻi Volcanoes National Park Land Protection Plan dated May 17, 1985. The plan is on file for public inspection. For swaps, the Secretary can trade other U.S. government land he manages in Hawaii, but not National Park land. The lands traded should have roughly equal value. If they do not, money can be paid to balance the values, but any payment to equalize value cannot be more than 25 percent of the appraised value of the 5,650-acre tract. Any money paid to the Secretary goes to the U.S. Treasury. Land owned by the State of Hawaii or its counties can only be taken by donation or exchange. To help make swaps, the General Services Administrator can transfer excess or surplus federal property in Hawaii to the Secretary without payment. The Secretary must talk with the State when planning an exchange with it, and may not use lands that were ceded to the United States for those exchanges. Land acquired will be managed as part of Hawaiʻi Volcanoes National Park under park laws. Up to $700,000 is authorized to carry out this.

Full Legal Text

Title 16, §392c

Conservation — Source: USLM XML via OLRC

(a)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.
(b)In exercising his authority to acquire the real property referred to in subsection (a) by exchange, the Secretary may accept title thereto and in exchange therefor he may convey to the grantor of such real property title to any United States Government real property under his administrative jurisdiction, other than real property within or administered as a part of the National Park System, in the State of Hawaii which he determines is suitable for such exchange. The values of the properties exchanged shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of money to the grantor or to the Secretary as the circumstances require. In no circumstance shall an equalization payment exceed one fourth (25 percent) the appraised value of the real property referred to in subsection (a). Any money paid to the Secretary shall be deposited as miscellaneous receipts in the Treasury of the United States.
(c)Real property owned by the State of Hawaii or any political subdivision thereof may be acquired only by donation or exchange.
(d)(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)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)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 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60