§ 394. — Control; rules and regulations; leases; appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC394]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLI--HAWAII NATIONAL PARK
Sec. 394. Control; rules and regulations; leases; appropriations
Hawaii National Park shall be under the executive control of the
Secretary of the Interior. He shall perform the duties and exercise the
powers enumerated in section 3 of this title, except as inconsistent
with this section. The regulations promulgated 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. He 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 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. He may in his discretion grant to persons or corporations
holding leases of land in the park on August 1, 1916, 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. He may also, in his discretion, permit the erection and
maintenance of buildings in said park for scientific purposes. 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.
(Aug. 1, 1916, ch. 264, Sec. 4, 39 Stat. 434; June 5, 1924, ch. 263, 43
Stat. 390.)
Codification
A provision making it the duty of the Secretary of the Interior, as
soon as practicable, to make and publish such rules and regulations as
he might deem necessary and proper for the care and management of the
park was omitted as temporary and executed.
Hawai`i Volcanoes National Park
Designation of portion of Hawaii National Park situated on island of
Hawaii as Hawai`i Volcanoes National Park, effective Sept. 22, 1961, see
section 391d of this title.
Haleakala National Park
Establishment of detached portion of Hawaii National Park lying on
island of Maui as Haleakala National Park, effective July 1, 1961, see
section 396b of this title.
Section Referred to in Other Sections
This section is referred to in sections 391b-1, 391c, 391d, 393 of
this title.
