§ 410jj-3. — Acquisition of lands and interests.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410jj-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-H--KALAUPAPA NATIONAL HISTORICAL PARK
Sec. 410jj-3. Acquisition of lands and interests
(a) State- or locally-owned lands; manner of acquisition
Within the boundary of the park, the Secretary is authorized to
acquire those lands owned by the State of Hawaii or any political
subdivision thereof only by donation or exchange, and only with the
consent of the owner. Any such exchange shall be accomplished in
accordance with the provisions of sections \1\ 460l-22(b) and (c) \2\ of
this title. Any property conveyed to the State or a political
subdivision thereof in exchange for property within the park which is
held in trust for the benefit of Native Hawaiians, as defined in the
Hawaiian Homes Commission Act of 1920 shall, as a matter of Federal law,
be held by the grantee subject to an equitable estate of the same class
and degree as encumbers the property within the preserve; and
``available lands'' defined in section 203 of the Hawaiian Homes
Commission Act may be exchanged in accordance with section 204 of said
Act. The vesting of title in the United States to property within the
park shall operate to extinguish any such equitable estate with respect
to property acquired by exchange within the park. The Secretary may
lease from the Department of Hawaiian Home Lands said trust lands until
such time as said lands may be acquired by exchange as set forth herein
or otherwise acquired. The Secretary may enter into such a lease without
regard to fiscal year limitations.
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\1\ So in original. Probably should be ``section''.
\2\ See References in Text note below.
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(b) Privately-owned lands; manner of acquisition
The Secretary is authorized to acquire privately-owned lands within
the boundary of the park by donation, purchase with donated or
appropriated funds, or exchange.
(c) Lands outside of boundary of park and other units of National Park
System within State; manner of acquisition
The Secretary is authorized to acquire by any of the foregoing
methods except condemnation, lands, waters, and interests therein
outside the boundary of the park and outside the boundaries of any other
unit of the National Park System but within the State of Hawaii, and to
convey the same to the Department of Hawaiian Home Lands in exchange for
lands, waters, and interests therein within the park owned by that
Department. Any such exchange shall be accomplished in accordance with
the provisions defined in subsection (a) of this section.
(Pub. L. 96-565, title I, Sec. 104, Dec. 22, 1980, 94 Stat. 3321; Pub.
L. 100-202, Sec. 101(g) [title I, Sec. 100], Dec. 22, 1987, 101 Stat.
1329-213, 1329-220.)
References in Text
Subsection (c) of section 460l-22, referred to in subsec. (a), was
redesignated subsection (d) and a new subsection (c) was added by Pub.
L. 98-506, Sec. 2, Oct. 19, 1984, 98 Stat. 2338.
The Hawaiian Homes Commission Act of 1920, referred to in subsec.
(a), probably means the Hawaiian Homes Commission Act, 1920, act July 9,
1921, ch. 42, 42 Stat. 108, as amended, which was classified generally
to sections 691 to 718 of Title 48, Territories and Insular Possessions,
and was omitted from the Code.
Amendments
1987--Subsec. (a). Pub. L. 100-202 inserted at end ``The Secretary
may lease from the Department of Hawaiian Home Lands said trust lands
until such time as said lands may be acquired by exchange as set forth
herein or otherwise acquired. The Secretary may enter into such a lease
without regard to fiscal year limitations.''
