---
kind: "section"
citation: "16 U.S.C. § 392c"
title: "16"
title_heading: "Conservation"
number: "392c"
heading: "Addition to Hawaiʻi Volcanoes National Park"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/392c"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XLI — Hawaii National Park"
---

# §392c. Addition to Hawaiʻi Volcanoes National Park

- (a) **Acquisition of land—** Notwithstanding any other provision of sections [391b](/usc/16/391b.md), [391b–1](/usc/16/391b–1.md), [392b](/usc/16/392b.md), [396](/usc/16/396.md), and [396a](/usc/16/396a.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) is authorized to [acquire](/usc/16/620e.md?p=1) by donation or exchange the land and interests therein comprising approximately 5,650 acres and identified as tract number 118/22 on the [map](/usc/16/430f–7.md?p=1) entitled “Recommended Land [Acquisition](/usc/16/620e.md?p=1)”, in the Hawaiʻi Volcanoes National [Park](/usc/16/410r–5.md?p=c-3) Land Protection Plan as recommended May 17, 1985, which plan shall be on file and available for public inspection in the Office of the Director, National [Park](/usc/16/410r–5.md?p=c-3) Service, Department of the Interior, Washington, D.C. and the Office of the Superintendent, Hawaiʻi Volcanoes National [Park](/usc/16/410r–5.md?p=c-3), Hawaii.
- (b) **Exchange of land; equalization payments—** In exercising his authority to [acquire](/usc/16/620e.md?p=1) the real property referred to in [subsection (a)](#a) by exchange, the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title thereto and in exchange therefor he may convey to the grantor of such real property title to any United States Government real property under his administrative jurisdiction, other than real property within or administered as a part of the National [Park](/usc/16/410r–5.md?p=c-3) System, in the [State](/usc/16/590q.md?p=a) of Hawaii which he determines is suitable for such exchange. The values of the properties exchanged shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of money to the grantor or to the [Secretary](/usc/16/410r–5.md?p=c-1) as the circumstances require. In no circumstance shall an equalization payment exceed one fourth (25 percent) the appraised value of the real property referred to in [subsection (a)](#a). Any money paid to the [Secretary](/usc/16/410r–5.md?p=c-1) shall be deposited as miscellaneous receipts in the Treasury of the United States.
- (c) **State owned land; acquisition only by donation or exchange—** Real property owned by the [State](/usc/16/590q.md?p=a) of Hawaii or any political [subdivision](/usc/16/539m–1.md?p=15) thereof may be acquired only by donation or exchange.
- (d) **Transfer of administrative jurisdiction over surplus federally owned real property in Hawaii to facilitate exchange; exchange of land with State of Hawaii, consultation, limitation—**
  - (1) In order to facilitate the [acquisition](/usc/16/620e.md?p=1) of the real property referred to in [subsection (a)](#a) by exchange, notwithstanding any other provision of law, upon request of the [Secretary](/usc/16/410r–5.md?p=c-1), the [Administrator](/usc/16/450rr–1.md?p=a) of General Services shall transfer to the [Secretary](/usc/16/410r–5.md?p=c-1), without reimbursement, administrative jurisdiction over any excess or surplus United States Government real property in the [State](/usc/16/590q.md?p=a) of Hawaii for purposes of such an exchange.
  - (2) For the purposes of a land exchange with the [State](/usc/16/590q.md?p=a) of Hawaii, the [Secretary](/usc/16/410r–5.md?p=c-1) shall consult with the [State](/usc/16/590q.md?p=a) of Hawaii in the process of identifying suitable exchange lands belonging to the United States Government.
  - (3) For the purposes of a land exchange with the [State](/usc/16/590q.md?p=a) of Hawaii, real property owned by the United States Government and selected for use in a land exchange shall not be from among those lands ceded to the United States Government.
- (e) **Administration of land acquired—** The real property acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) pursuant to this section shall be administered by the [Secretary](/usc/16/410r–5.md?p=c-1) as part of Hawaiʻi Volcanoes National [Park](/usc/16/410r–5.md?p=c-3), subject to the laws and regulations applicable to the [Park](/usc/16/410r–5.md?p=c-3).
- (f) **Authorization of appropriations—** There is hereby authorized to be appropriated up to $700,000 to carry out the purpose of this section.

## Source credit

(June 20, 1938, ch. 530, § 5, as added Pub. L. 99–564, § 1, Oct. 27, 1986, 100 Stat. 3179; amended Pub. L. 108–352, § 3, Oct. 21, 2004, 118 Stat. 1395.)

## Notes

### Editorial Notes

### Amendments

2004—Pub. L. 108–352 substituted “Hawaiʻi Volcanoes” for “Hawaii Volcanoes” in two places in subsec. (a) and in subsec. (e).