§394 — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior must run Hawaii National Park and, as soon as practical, make and publish rules for its care and management. Those rules must protect timber, birds, mineral deposits, and natural wonders and keep them as close to their natural state as possible. The Secretary may lease up to 20 acres to any one person or company for up to 20 years to build visitor buildings, set the yearly rent, and require tenants to follow all federal laws and the Secretary’s rules or lose the lease. Leases cannot include the park’s curiosities, block public access, or give exclusive rights beyond the leased land and time. The Secretary can replace current leases with new ones under similar terms and with needed changes. All money from leases and other park income must be spent under the Secretary’s direction on park management, protection, and building roads and paths. The Secretary may allow buildings for scientific work. No federal funds may be used to improve or maintain the park until permanent easements and rights-of-way over private land inside the park that the Secretary finds necessary for reasonable access are transferred to the United States, and the Secretary reports those transfers to Congress.

Title 16, §394

Conservation — Source: USLM XML via OLRC

Hawaii National Park shall be under the executive control of the Secretary of the Interior whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury of all timber, birds, mineral deposits, and natural curiosities or wonders within said park, and their retention in their natural condition as nearly as possible. The Secretary may in his discretion grant leases for terms not exceeding twenty years, at such annual rental as he may determine, of parcels of land in said park of not more than twenty acres in all to any one person, corporation, or company for the erection and maintenance of buildings for the accommodation of visitors; but no such lease shall include any of the objects of curiosity or interest in said park or exclude the public from free and convenient approach thereto or convey, either expressly or by implication, any exclusive privilege within the park except upon the premises held thereunder and for the time granted therein; and every such lease shall require the lessee to observe and obey each and every provision in any Act of Congress and every rule, order, or regulation of the Secretary of the Interior concerning the use, care, management, or government of the park, or any object or property therein, under penalty of forfeiture of such lease. The Secretary may in his discretion grant to persons or corporations now holding leases of land in the park, upon the surrender thereof, new leases hereunder, upon the terms and stipulations contained in their present leases, with such modifications, restrictions, and reservations as he may prescribe. All of the proceeds of said leases and other revenues that may be derived from any source connected with the park shall be expended under the direction of the Secretary, in the management and protection of the same and the construction of roads and paths therein. The Secretary may also, in his discretion, permit the erection and maintenance of buildings in said park for scientific purposes: And provided further,11 So in original. The previous proviso was struck out by an amendment. That no appropriation shall be made for the improvement or maintenance of said park until proper conveyances shall be made to the United States of such perpetual easements and rights of way over private lands within the exterior boundaries of said park as the Secretary of the Interior shall find necessary to make said park reasonably accessible in all its parts, and said Secretary shall when such easements and rights of way have been conveyed to the United States report the same to Congress.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1924—Act June 5, 1924, ch. 263, struck out “Provided, That no appropriation for the maintenance, supervision, or improvement of said park in excess of $10,000 annually shall be made unless the same shall have first been expressly authorized by law” before “And provided further”.

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.

§394 Control; Rules and Regulations; Leases; Appropriations