§ 392c. — Addition to Hawai'i Volcanoes National Park.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC392c]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI--HAWAII NATIONAL PARK
Sec. 392c. Addition to Hawai`i Volcanoes National Park
(a) Acquisition of land
Notwithstanding any other provision of sections 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 Hawai`i 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, Hawai`i Volcanoes National Park,
Hawaii.
(b) Exchange of land; equalization payments
In exercising his authority to acquire the real property referred to
in subsection (a) of this section 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) of this section. Any money paid to the Secretary shall be
deposited as miscellaneous receipts in the Treasury of the United
States.
(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) of this section 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 Hawai`i 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.
(June 20, 1938, ch. 530, Sec. 5, as added Pub. L. 99-564, Sec. 1, Oct.
27, 1986, 100 Stat. 3179; amended Pub. L. 106-510, Sec. 3(a)(2), Nov.
13, 2000, 114 Stat. 2363.)
Amendments
2000--Pub. L. 106-510 substituted ``Hawai`i Volcanoes National
Park'' for ``Hawaii Volcanoes National Park'' in two places in subsec.
(a) and in subsec. (e).
Section Referred to in Other Sections
This section is referred to in sections 391b-1, 392b, 396c of this
title.
