An Act To establish a national park in the Territory of Hawaii, approved August 1, 1916 (39 Stat. 432)
Be it enacted by the Senate and House of Representatives of the United States of America in Conqress assembled, That 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 portions of the lands of Kapapala and Keauhou, in the district of Kau, and Kahaualea, Panaunui, and Apua, in the district of Puna, on the island of Hawaii, containing approximately thirty-five thousand eight hundred and sixty-five acres, bounded as follows: Beginning at a point on the west edge of the Keamoku Aa Flow (lava flow of eighteen hundred and twenty-three) from which point the true azimuth and distance to Government survey trigonometrical station Ohaikea is one hundred and sixty-six degrees twenty minutes, six thousand three hundred and fifty feet, and running by true azimuths: (First) Along the west edge of the Keamoku lava flow in a northeasterly and northwesterly direction, the direct azimuth and distance being one hundred and ninety-eight degrees ten minutes, fourteen thousand seven hundred feet; (second ) two hundred and fifty-six degrees, eleven thousand four hundred feet, more or less, across the land of Kapapala and Keauhou to a marked point on the Humuula trail; (third) three hundred and twenty-eight degrees fifteen minutes, eight thousand seven hundred and twenty-five feet, across the land of Keauhou to the top of the fault north of the Kau road; (fourth) along the fault in a northeasterly direction, the direction azimuth and distance being two hundred and fifty-one degrees and thirty minutes, four thousand three hundred and thirty feet; (fifth) two hundred and forty-five degrees, six thousand feet, to a point near the southwest boundary of the land of Olaa; (sixth) three hundred and thirty-seven degrees ten minutes, eight thousand six hundred and fifty feet, more or less, to the junction of the Hilo and Keauhou roads: (seventh) three hundred and thirty-three degrees and twenty minutes, three thousand three hundred feet, more or less. to the southwest corner of the land of Keaau; (eighth) three hundred and thirty-two degrees and ten minutes seven thousand feet, along the land of Kahaualea; (ninth ) two hundred and eighty-one degrees, thirty thousand three hundred and seventy-five feet, more or less, across the land of Kahaualea, passing through the north corner of the land of Panaunui. to the north corner of the land of Laeapuki; (tenth) thirty-one degrees thirty minutes, thirteen thousand two hundred feet, more or less along the land of Laeapuki and across the land of Panaunui; (eleventh) eighty-nine degrees and ten minutes, thirty-two thousand nine hundred feet, more or less, across the land of Panaunui, Apua, and Keanhou to "Palilele-o-Kalihipaa", the boundary point of the Keauhou-Kapapala boundary; (twelfth) fifty-one degrees and thirty minutes, five thousand and five hundred feet, across the land of Kapapala: (thirteenth) one hundred and two degrees and fifty minutes, nineteen thousand one hundred and fifty feet, across the land of Kapapala to a small cone about one thousand five hundred feet southwest of Puu Koae trigonometrical station; (fourteenth) one hundred and sixty-six degrees twenty minutes, twenty-one thousand feet, across the land of Kapapala 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 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 creater 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 Kahilanui; 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. (U.S. C., title 16. sec. 391.)
SEC. 2. That nothing herein contained shall affect any valid existing claim, location or entry under the land laws of the IJnited States, whether for homestead. mineral, right of way, or any other purpose whatsoever, or shall affect the riahts of any such claimant, locator, or entryman to the full use and enjoyment of his land. Whenever consistent with the primary purposes of the park the Act of February fifteenth, nineteen hundred and one, applicable to the location of rights of way in certain national parks and the national forests for irrigation and other purposes, shall be and remain applicable to the lands included within the park. The Secretary of the Interior may, in his discretion and upon such conditions as he may deem wise, grant easements or rights of way for steam, electric, or similar transportation upon or across the park. (U.S. C., title 16, sec. 393.)
SEC. 3. That no lands located within the park boundaries now held in private or municipal ownership shall be affected by or subject to the provisions of this Act. (U.S.C. title 16. sec. 393.)
Sec. 4. That the said park shall be under the executive control of the Secretary of the Interior whose duty it shall be, as soon as practicable, to make and publish such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations 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. The Secretary 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 and 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. The Secretary may in his discretion grant to persons or corporations now holding leases of land in the park,
upon 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 vith 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. The Secretary may also, in his discretion permit the erection and maintenance of buildings in said park for scientific purposes: Provided, That no appropriation for the maintenance, supervision, and improvement of said park in excess of $10,000 annually shall be made unless thc same shall have first been expressly authorized by law: And provided further, That 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 a1l 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. (U.S.C.,title 16, sec. 394.)
Last updated: December 21, 2017