
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC391]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
                  SUBCHAPTER XLI--HAWAII NATIONAL PARK
 
Sec. 391. Establishment; boundaries

    The tracts of land on the island of Hawaii and on the island of 
Maui, in the Territory of Hawaii, hereinafter described, shall be 
perpetually dedicated and set apart as a public park or pleasure ground 
for the benefit and enjoyment of the people of the United States, to be 
known as Hawaii National Park. Said tracts of land are described as 
follows:
    First. All that tract of land comprising portion of the lands of 
Kapapala and Keauhou, in the District of Kau, and portions of the lands 
of Keaau, Kahaualea, Panaunui, and Apua, in the District of Puna, 
containing approximately thirty-four thousand five hundred and thirty-
one acres, bounded as follows:
    Beginning at a point on the west edge of the Keamoku Aa Flow (lava 
flow of 1823), the coordinates of said point of beginning referred to 
Government Survey Trigonometry Station ``Uwekahuna'', being four 
thousand seven hundred and six and six-tenths feet south and seventeen 
thousand nine hundred and seventy and three-tenths feet west, and the 
true azimuth and distance from said point of beginning to Government 
Survey Trigonometry Station ``Ohaikea'', being one hundred and sixty-six 
degrees and twenty minutes, six thousand three hundred and fifty feet, 
and running by true azimuths--
    1. Along the west edge of the Keamoku Aa Flow in a northeasterly and 
northwesterly direction, the direct azimuth and distance being one 
hundred and ninety-eight degrees and ten minutes fourteen thousand seven 
hundred feet;
    2. Two hundred and fifty-six degrees, eleven thousand four hundred 
feet across the land of Kapapala and Keauhou to a marked point on the 
Humuula Trail;
    3. Three hundred and twenty-eight degrees and fifteen minutes eight 
thousand seven hundred and twenty-five feet across the land of Keauhou 
to the top of the fault north and the Kau Road;
    4. Thence along the fault in a northeasterly direction along the 
remainder of Keauhou to a pipe, the direct azimuth and distance being 
two hundred and fifty-one degrees and thirty minutes four thousand three 
hundred and thirty feet;
    5. Two hundred and eighty-six degrees five hundred and thirty feet 
along the remainder of Keauhou;
    6. Two hundred and ninety-eight degrees nine hundred and sixty feet 
along same;
    7. Two hundred and eighty-three degrees and forty-eight minutes one 
thousand one hundred and forty-six and five-tenths feet along same to a 
pipe;
    8. Two hundred and sixty-seven degrees and twenty minutes one 
thousand and twenty-seven and five-tenths feet along same;
    9. Two hundred and ninety-three degrees and ten minutes one thousand 
and fifty feet along same to a pipe;
    10. Three hundred and twenty-one degrees and forty-six minutes one 
thousand one hundred and eleven and three-tenths feet along same;
    11. Three hundred and thirty-three degrees and fifty minutes one 
thousand one hundred feet along same;
    12. Three hundred and twenty-seven degrees and twenty minutes one 
thousand nine hundred and forty feet along same;
    13. Two hundred and eighty-three degrees and thirty-nine minutes two 
thousand and fifty-seven and four-tenths feet along same to a pipe;
    14. Three hundred and thirty-three degrees and twenty minutes two 
hundred and fifty feet along same to a pipe on the north side of 
Government Main Road at junction with the Keauhou Road, said pipe being 
by true azimuth and distance two hundred and ninety-five degrees and 
twelve minutes six thousand one hundred and sixty-seven and one-tenth 
feet from Government Survey Trigonometry Station ``Volcano House Flag'';
    15. Three hundred and thirty-three degrees and twenty minutes three 
thousand two hundred and eighty-three and two-tenths feet along the 
remainder of Keauhou to a pipe;
    16. Three hundred and fifty-four degrees and fifty-four minutes 
sixty feet along the remainder of Keaau;
    17. Two hundred and thirty-one degrees and thirty-one minutes one 
thousand six hundred and seventy-eight and eight-tenths feet along same;
    18. Three hundred and eighteen degrees eight hundred and sixteen and 
four-tenths feet along same to the boundary between the lands of Keaau 
and Kahaualea;
    19. Seventy-two degrees and forty-five minutes one thousand two 
hundred and thirty-three and three-tenths feet along the land of 
Kahaualea to a pipe;
    20. Forty-eight degrees six hundred and thirty-four feet along the 
remainder of Kahaualea to a pipe on the Kahaualea-Keauhou boundary;
    21. Three hundred and thirty-two degrees and ten minutes six 
thousand five hundred and fifty-one and four-tenths feet along the 
Kahaualea-Keaau boundary to a pipe;
    22. Two hundred and eighty-one degrees thirty thousand three hundred 
and one and seven-tenths feet along the remainder of Kahaualea to a 
pipe;
    23. Thirty-one degrees and thirty minutes thirteen thousand and 
seventy-four and seven-tenths feet along the remainder of Kahaualea and 
Panaunui to a pipe, passing over a pipe at five thousand nine hundred 
and twenty-two and two-tenths feet on the Kahaualea-Panaunui boundary;
    24. Eighty-nine degrees and ten minutes thirty-two thousand nine 
hundred feet along the remainder of Panaunui, across the lands of Apua 
and Keauhou to ``Palilele-o-Kalihipaa'', at an angle in the Keauhou-
Kapapala boundary marked by a pile of stones, passing over pipes at 
three thousand five hundred and seventy-two and eight-tenths feet on the 
Panaunui-Apua boundary and eight thousand four hundred and thirty-five 
and three-tenths feet;
    25. Fifty-one degrees fifty minutes and thirty seconds five thousand 
four hundred and thirty feet across the land of Kapapala;
    26. One hundred and two degrees and fifty minutes nineteen thousand 
one hundred and fifty feet across same to a small cone about one 
thousand five hundred feet southwest of ``Puu Koae'';
    27. One hundred and sixty-six degrees and twenty minutes twenty-one 
thousand feet across the land of Kapapala to the point of beginning; and 
all of those lands lying within the boundary above described are 
included in and made a part of the Hawaii National Park subject to all 
laws and regulations pertaining to said park.
    Second. All that tract of land comprising portions of the lands of 
Kapapala and Kahuku, in the district of Kau, island of Hawaii; Keauhou 
second, in the district of North Kona; and Kaohe, in the district of 
Hamakua, containing seventeen thousand nine hundred and twenty acres, 
bounded as follows: Beginning at Pohaku Hanalei of Humuula, a small cone 
on the brow of Mauna Loa, and at the common boundary points of the lands 
of Humuula, Kapapala, and Kaohe, from which the true azimuth and 
distance to Government survey trigonometrical station Omaokoili is one 
hundred and ninety-five degrees twelve minutes eighteen seconds, 
seventy-eight thousand two hundred and eighty-six feet, and running by 
true azimuths: First, two hundred and ninety-eight degrees, five 
thousand two hundred and forty feet; second, twenty-eight degrees, 
thirty-six thousand nine hundred and sixty feet; third, one hundred and 
eighteen degrees, twenty-one thousand one hundred and twenty feet; 
fourth, two hundred and eight degrees, thirty-six thousand nine hundred 
and sixty feet; fifth, two hundred and ninety-eight degrees, fifteen 
thousand eight hundred and eighty feet, to the point of beginning.
    Third. A strip of land of sufficient width for a road to connect the 
two tracts of land on the island of Hawaii above described, the width 
and location of which strip shall be determined by the Secretary of the 
Interior.
    Fourth. All that tract of land comprising portions of the lands of 
Honuaula and Kula, in the district of Makawao, and Kipahulu, Kaupo, and 
Kahikinui, in the district of Hana, on the island of Maui, containing 
approximately twenty-one thousand one hundred and fifty acres, bounded 
as follows: Beginning at a point called Kolekole, on the summit near the 
most western point of the rim of the crater of Haleakala, and running by 
approximate azimuths and distances: First, hundred and ninety-three 
degrees forty-five minutes, nineteen thousand three hundred and fifty 
feet along the west slope of the crater of Haleakala to a point called 
Puu-o-Ili; second, two hundred and sixty-eight degrees, twenty-three 
thousand feet up the western slope and across Koolau Gap to the point 
where the southwest boundary of Koolau Forest Reserve crosses the east 
rim of Koolau Gap; third, three hundred and six degrees thirty minutes, 
seventeen thousand one hundred and fifty feet along the southwest 
boundary of Koolau Forest Reserve to a point called Palalia, on the east 
rim of the crater of Haleakala; fourth, along the east rim of the crater 
of Haleakala, the direct azimuth and distance being three hundred and 
fifty-four degrees fifteen minutes, eighteen thousand three hundred 
feet, to a point on the east rim of Kaupo Gap, shown on Hawaiian 
Government survey maps at an elevation of four thousand two hundred and 
eight feet; fifth, eighty-eight degrees forty-five minutes, three 
thousand three hundred feet, across Kaupo Gap to a point called 
Kaumikaohu, on the boundary line between the lands of Kipahulu and 
Kahikinui; sixth, one hundred and two degrees and thirty minutes, forty 
thousand seven hundred and fifty feet, along the south slope of the 
crater of Haleakala to the point of beginning.
    Fifth. All that tract of land comprising a portion of the Kau 
Desert, Kapapala, in the district of Kau, on the island of Hawaii, 
containing forty-three thousand four hundred acres, more or less, 
bounded as follows: Beginning at a galvanized-iron nail driven into the 
pahoehoe at the northeast corner of this tract of land, at a place 
called Palilele-o-Kalihipaa, and on the boundary between the lands of 
Kapapala and Keauhou, the coordinates of said point of beginning 
referred to Government survey trigonometrical station Uwekahuna, being 
twenty-six thousand and ten and four-tenths feet south and nine thousand 
nine hundred and thirty-two and four tenths feet east, as shown on 
Government survey registered map numbered two thousand three hundred and 
eighty-eight and running by true azimuths: First, three hundred and 
fifty degrees forty-three minutes, thirty thousand and twenty-three 
feet, along the land of Kapapala to a point at seacoast; second, thence 
in a west and southwesterly direction along the seacoast to a station on 
a large flat stone, at a place called Na-Puu-o-na-Elemakule, at the 
seacoast boundary point of the lands of Kapapala and Kaalaala, the 
direct azimuth and distance being sixty-nine degrees thirty-four minutes 
thirty seconds, thirty-two thousand and forty-three feet; third, eighty-
nine degrees twenty-seven minutes thirty seconds, thirty thousand six 
hundred and ninety feet, along the land of Kaalaala to the main 1868 
lava crack, said point being by true azimuth and distance two hundred 
and ninety-six degrees twenty-seven minutes thirty seconds, twenty-one 
hundred feet from Government survey trigonometrical station Puu Nahala; 
fourth, thence up along the main 1868 lava crack, along the Kapapala 
pastoral lands to a small outbreak of lava from the 1868 lava crack, 
opposite the Halfway House, the direct azimuth and distance being one 
hundred and ninety-eight degrees, thirty-two thousand five hundred and 
fifty feet; fifth, two hundred and thirty degrees twenty-five minutes, 
twenty-seven thousand six hundred and fifteen feet, along the Kapapala 
pastoral lands to the west boundary of the Kilauea section, Hawaii 
National Park; sixth, three hundred and forty-six degrees twenty 
minutes, six thousand seven hundred and forty-two feet, along said west 
boundary to a small cone; seventh, two hundred and eighty-two degrees 
fifty minutes, nineteen thousand one hundred and fifty feet, along the 
south boundary of said Kilauea section, Hawaii National Park; eighth, 
two hundred and thirty-one degrees fifty minutes thirty seconds, five 
thousand four hundred and thirty feet, along said south boundary to the 
point of beginning. The Federal Power Act [16 U.S.C. 791a et seq.] shall 
not apply to or extend over lands defined in subdivision 5.

(Aug. 1, 1916, ch. 264, Sec. 1, 39 Stat. 432; May 1, 1922, ch. 174, 42 
Stat. 503; Apr. 11, 1928, ch. 359, Sec. 1, 45 Stat. 424.)

                       References in Text

    The Federal Power Act, referred to in text, was in the original the 
``Act of June 10, 1920, entitled `An Act to create a Federal power 
commission; to provide for the improvement of navigation; the 
development of water power; the use of the public lands in relation 
thereto; and to repeal section 18 of the River and Harbor Appropriation 
Act, approved August 8, 1917, and for other purposes' '', and was 
redesignated the Federal Power Act by section 791a of this title. The 
Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as 
amended, and is classified generally to chapter 12 (Sec. 791a et seq.) 
of this title. For complete classification of this Act to the Code, see 
section 791a of this title and Tables.

                          Codification

    Subd. Fifth is from sections 1 and 2 of act May 1, 1922. Section 1 
of act May 1, 1922, in addition to describing the tract, recited that it 
was the tract set aside for park purposes on Oct. 29, 1920, by executive 
order of the governor of the territory of Hawaii.
    The last sentence of this section is from section 2 of act May 1, 
1922. The remainder of said section 2, omitted from the Code as having 
been given effect by the insertion of the last paragraph of the section, 
extended over the described territory the provisions of act Aug. 1, 
1916, incorporated in this section and sections 393 and 394 of this 
title, and the provisions of act Aug. 25, 1916, ch. 408, 39 Stat. 535, 
536, incorporated in sections 1, 2, 3, and 4 of this title; and all Acts 
supplementary to and amendatory of said Acts.


                               Amendments

    1928--Act Apr. 11, 1928, amended subd. First generally.


                      Short Title of 1998 Amendment

    Pub. L. 105-380, Sec. 1, Nov. 12, 1998, 112 Stat. 3401, as amended 
by Pub. L. 106-510, Sec. 3(a)(2), Nov. 13, 2000, 114 Stat. 2363, 
provided that: ``This Act [amending section 391b of this title] may be 
cited as the `Hawai`i Volcanoes National Park Adjustment Act of 1998'.''


                      Admission of Hawaii as State

    Admission of Hawaii into the Union was accomplished Aug. 21, 1959, 
on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. 
c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 
73 Stat. 4, set out as notes preceding section 491 of Title 48, 
Territories and Insular Possessions.


                     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, 392, 393 
of this title.
