--- kind: "section" citation: "16 U.S.C. § 394" title: "16" title_heading: "Conservation" number: "394" heading: "Control; rules and regulations; leases; appropriations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/394" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter XLI — Hawaii National Park" --- # §394. Control; rules and regulations; leases; appropriations Hawaii National [Park](/usc/16/410r–5.md?p=c-3) shall be under the executive control of the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-3), and their retention in their natural condition as nearly as possible. The [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-3) of not more than twenty acres in all to any one [person](/usc/16/450rr–1.md?p=b), 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](/usc/16/410r–5.md?p=c-3) or exclude the public from free and convenient approach thereto or convey, either expressly or by implication, any exclusive privilege within the [park](/usc/16/410r–5.md?p=c-3) 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](/usc/16/410r–5.md?p=c-1) of the Interior concerning the use, care, management, or government of the [park](/usc/16/410r–5.md?p=c-3), or any object or property therein, under penalty of forfeiture of such lease. The [Secretary](/usc/16/410r–5.md?p=c-1) may in his discretion grant to [persons](/usc/16/450rr–1.md?p=b) or corporations now holding leases of land in the [park](/usc/16/410r–5.md?p=c-3), upon the 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 with the [park](/usc/16/410r–5.md?p=c-3) shall be expended under the direction of the [Secretary](/usc/16/410r–5.md?p=c-1), in the management and protection of the same and the construction of roads and paths therein. The [Secretary](/usc/16/410r–5.md?p=c-1) may also, in his discretion, permit the erection and maintenance of buildings in said [park](/usc/16/410r–5.md?p=c-3) for scientific purposes: And provided further,[^1] That no appropriation shall be made for the improvement or maintenance of said [park](/usc/16/410r–5.md?p=c-3) until proper conveyances shall be made to the United States of such perpetual easements and rights of way over [private lands](/usc/16/620e.md?p=6) within the exterior boundaries of said [park](/usc/16/410r–5.md?p=c-3) as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall find necessary to make said [park](/usc/16/410r–5.md?p=c-3) reasonably accessible in all its parts, and said [Secretary](/usc/16/410r–5.md?p=c-1) shall when such easements and rights of way have been conveyed to the United States report the same to Congress. ## Footnotes [^1]: So in original. The previous proviso was struck out by an amendment. ## Source credit (Aug. 1, 1916, ch. 264, § 4, 39 Stat. 434; June 5, 1924, ch. 263, 43 Stat. 390.) ## Notes ### Editorial Notes ### Amendments 1924—Act June 5, 1924, ch. 263, struck out “Provided, That no appropriation for the maintenance, supervision, or improvement of said park in excess of $10,000 annually shall be made unless the same shall have first been expressly authorized by law” before “And provided further”. ### Statutory Notes and Related Subsidiaries ### Hawaiʻi Volcanoes National Park Designation of portion of Hawaii National Park situated on island of Hawaii as Hawaiʻi Volcanoes National Park, effective Sept. 22, 1961, see section 391d of this title. ### Haleakala̅ National Park Establishment of detached portion of Hawaii National Park lying on island of Maui as Haleakala̅ National Park, effective July 1, 1961, see section 396b of this title.