§4503b — Title 16 Conservation | U.S. Code

Summary

Forest means the Hawaii Experimental Tropical Forest. Governor means the Governor of Hawaii. Lands means land, water, and interests in them. State means the State of Hawaii. At the Governor’s request, the Secretary must set up and run the Hawaii Experimental Tropical Forest in Hawaii. The Forest must be a model of sustainable tropical forest management, a place for research on tropical forestry and conservation biology, and a center for demonstrations, education, training, and outreach. The Governor and Secretary must pick one or more suitable sites based on scientific, ecological, and administrative factors, and each site must be large enough to be managed. The Forest’s outer boundaries must be shown on an official map kept at the State Division of Forestry and Wildlife and can be changed by agreement of the Governor and Secretary. To do all this, the Secretary may work with State agencies, make grants and contracts, use existing forestry and research authority, and create or apply rules needed to run the Forest, protect people, and preserve resources. The authority in section 1643 is available to the Secretary. The State keeps its civil and criminal jurisdiction over people in the Forest, except for penalties for federal offenses.

Title 16, §4503b

Conservation — Source: USLM XML via OLRC

(a)As used in this section:

(1)The term “Forest” means the Hawaii Experimental Tropical Forest.

(2)The term “Governor” means the Governor of Hawaii.

(3)The term “lands” means lands, waters, and interests in lands and waters.

(4)The term “State” means the State of Hawaii.

(b)At the request of the Governor, the Secretary shall establish and administer within the State a Hawaii Experimental Tropical Forest. The Forest shall be managed as—

(1)a model of quality tropical forest management where harvesting on a sustainable yield basis can be demonstrated in balance with natural resource conservation;

(2)a site for research on tropical forestry, conservation biology, and natural resource management; and

(3)a center for demonstration, education, training, and outreach on tropical forestry, conservation biology, and natural resources research and management.

(c)(1)The Governor and the Secretary shall identify one or more suitable sites for the Forest in lands within the State. The identification of each site shall be based on scientific, ecological, administrative, and such other factors as the Governor and Secretary consider to be necessary or desirable to achieve the purposes of this section. Each site identified pursuant to the preceding sentence shall be of sufficient size and located so that the site can be effectively managed for Forest purposes.

(2)The exterior boundaries of the Forest, including the boundaries of all sites identified for Forest purposes, shall be delineated on an official map. The map shall be available for public inspection in the office of the Administrator of the Division of Forestry and Wildlife of the Department of Land and Natural Resources of the State. The Governor and the Secretary may from time to time, by mutual agreement, amend the official map to modify the boundaries of the Forest.

(d)(1)To carry out the purposes of this section, the Secretary is authorized—

(A)to administer the Forest in cooperation with the Governor and affected State agencies;

(B)to make grants and enter into contracts and cooperative agreements with the Federal Government, the government of the State, local governments, corporations, nonprofit organizations and individuals;

(C)to exercise existing authority with respect to cooperative forestry and research for Forest purposes; and

(D)to issue necessary rules and regulations or apply existing rules and regulations applicable to areas administered by the Forest Service that are necessary or desirable to administer the Forest—

(i)for the purposes described in subsection (b);

(ii)to protect persons within the Forest; and

(iii)to preserve and protect the resources in the Forest.

(2)The authority in section 1643 of this title shall be available to the Secretary to carry out this section.

(3)Nothing in this section is intended to affect the jurisdiction of the State, both civil and criminal, over any person within the Forest by reason of the establishment of the Forest under this section, except in the case of a penalty for an offense against the United States.

Editorial Notes

Prior Provisions

A prior section 606 of Pub. L. 101–513 was renumbered section 610 and is classified to section 4505 of this title.

§4503b Hawaii Experimental Tropical Forest

Summary

Title 16, §4503b

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata