§12.  That the Secretary of the Interior shall notify, in writing, the Governor of the State of Hawaii of the passage and approval of this Act and of the fact that the United States assumes police jurisdiction over said park.

 

General Note

 

  The Hawaii National Park was established by the Act of August 1, 1916, c 264, 39 Stat 432, and the boundaries were changed, or other tracts added or taken away, by the following Acts:  May 1, 1922, c 174, 42 Stat 503; Feb. 12, 1927, c 111, 44 Stat 1087; April 11, 1928, c 359, 45 Stat 424; June 20, 1938, c 530, 52 Stat 781; July 16, 1940, c 630, 54 Stat 761.  These Acts contain, or incorporate by reference, provisions of a substantive nature as to the control of the park and as to private rights.  See 16 U.S.C.A. §§391, 391a, 391b, 391b-1, 391c, 392a, 392b, 393, 394, 396.

  The Act of February 27, 1920, c 89, 41 Stat 452, authorized the acquisition of private land in the park without regard to the restrictions of Section 73 of the Organic Act, as to exchanges.  See 16 U.S.C.A. 392.

  For origin of the park see also concurrent resolution of 1911 Hawaiian Legislature, House Journal, p. 975, Senate Journal, pp. 1028-1029.

  City of Refuge National Historical Park, establishment; see Act of July 26, 1955, c 385, 69 Stat 376; 16 U.S.C.A. 397.

  Haleakala National Park, establishment; see Act of September 13, 1960, Pub L 86-774, 74 Stat 881; 16 U.S.C.A. 396b.

  Hawaii Volcanoes National Park, name changed from Hawaii National Park; see Act of September 22, 1961, Pub L 87-278, 75 Stat 577; 16 U.S.C.A. 391d.

  Section 3 of the Act of June 20, 1938, c 530, 52 Stat 781, makes the following provision as to leases to native Hawaiians within the Kalapana extension (as described by section 1 of that Act):

  §3.  (a)  That the Secretary of the Interior is authorized to lease, under such rules and regulations as he may deem proper, land ascertained by him to be suitable for home site purposes in the Kalapana extension as described herein, to native Hawaiians when such occupancy does not encroach on or prevent free access to any points of historic, scientific, or scenic interest or in any manner obstruct or interfere with protection and preservation of said area as a part of the Hawaii National Park:  Provided, however, that occupants of homesites shall reside on the land not less than six months in any one year; and provided further, that fishing shall be permitted in said area only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance.

  (b)  The term native Hawaiian, as used in this section, means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778. [16 U.S.C.A. 396a]

 

Cross References

 

  Conveyance for National Parks, see §184-21.

 

Case Notes

 

  State may condemn land for national park purposes.  44 H. 370, 355 P.2d 25.