
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``section''.
    \2\ See References in Text note below.
---------------------------------------------------------------------------

(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.''
