16 U.S.C. § 396d — Establishment

submitted 48 years ago by Pub. L. 95-625 to r/title-16-CONSERVATION · 921 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates Kaloko-Honokohau National Historical Park in Hawaii, about 1,300 acres, to preserve native Hawaiian culture and history. The Secretary of the Interior can acquire land by donation, exchange, or purchase, and must run the park like other national park units while employing native Hawaiians and following traditional land-management practices. A nine-member advisory commission, mostly native Hawaiian, guides the park's cultural programs.

(a) This subsection creates the Kaloko-Honokohau National Historical Park in Hawaii, covering about 1,300 acres shown on a map dated May 1978. Its purpose is to preserve, explain, and carry on traditional native Hawaiian activities and culture, show historic land-use patterns, and give local residents and visitors a place to learn about and enjoy that culture. The park's boundaries were later expanded to include two more parcels totaling 2.14 acres, shown on a 2002 boundary-adjustment map. Both maps must be kept on file and available for public inspection at National Park Service offices. (b) The Secretary of the Interior may acquire the described lands by donation, exchange, or purchase (using donated or appropriated money), even overriding other legal restrictions on doing so — except that land owned by the State of Hawaii or its subdivisions can only be acquired through donation. (c) The Secretary must run the park following this section and the general laws that apply to national park system units, including the 1916 and 1935 Acts that created and govern the National Park Service, and generally following the guidelines in a 1974 study report on the park prepared by the Honokohau Study Advisory Commission and the National Park Service. (d) In running the park, the Secretary may provide traditional native Hawaiian accommodations. The Secretary must consult with, and may make a cooperative management agreement with, the State of Hawaii to manage the submerged lands within the park's boundary, following the state's marine management policies. Commercial, recreational, and subsistence fishing, and shoreline food-gathering, are allowed, as is access to and from the Honokohau small boat harbor by motorboats and other watercraft — as long as these activities don't conflict with the park's purposes, subject to the Secretary's regulation. The Secretary must consult with, and may make agreements with, other government bodies and private landowners to control air and water quality and protect the scenic beauty of the surrounding land and water, using — as much as possible — the traditional native Hawaiian "Ahupuaʻa" approach to land and water management. (e) In carrying out this section, the Secretary must employ native Hawaiians as appropriate. For this section, "native Hawaiians" means anyone descended from the people who lived in the Hawaiian Islands before 1778. (f) This subsection creates an Advisory Commission called Na Hoa Pili O Kaloko-Honokohau ("The Friends of Kaloko-Honokohau"). It has nine members appointed by the Secretary, at least five chosen from nominees put forward by native Hawaiian organizations. Every member must live in Hawaii, and at least six must be native Hawaiian. Members serve five-year terms, except the first group's terms were staggered from one to five years so they don't all expire together; no member can serve more than one term in a row. The Secretary picks one member as Chairman, and fills any vacancy for the rest of that term. Members serve without pay, but the Secretary can cover their reasonable expenses, approved by vouchers the Chairman signs. The park Superintendent, the National Park Service's Hawaii State Director, a person the Governor of Hawaii appoints, and a person the Mayor of Hawaii County appoints all serve as non-voting members. The Commission advises the National Park Service Director on the park's historical, archeological, cultural, and interpretive programs, with special attention to how well the park shows traditional native Hawaiian culture. It must meet at least twice a year, with extra meetings called by the Chairman. The Commission's authorization ended on December 31, 2018. (g) Congress authorized up to $25,000,000 for acquiring land for the park and up to $1,000,000 for developing it.

the actual law source: uscode.house.gov ↗public domain

(a) In general

(1)

In order to provide a center for the preservation, interpretation, and perpetuation of traditional native Hawaiian activities and culture, and to demonstrate historic land use patterns as well as to provide a needed resource for the education, enjoyment, and appreciation of such traditional native Hawaiian activities and culture by local residents and visitors, there is established the Kaloko-Honoko̅hau National Historical Park (hereinafter in this section referred to as the “park”) in Hawaii comprising approximately one thousand three hundred acres as generally depicted on the map entitled “Kaloko-Honoko̅hau National Historical Park,” numbered KHN–80,000, and dated May 1978.

(2)

The boundaries of the park are modified to include lands and interests therein comprised of Parcels 1 and 2 totaling 2.14 acres, identified as “Tract A” on the map entitled “Kaloko-Honoko̅hau National Historical Park Proposed Boundary Adjustment”, numbered PWR (PISO) 466/82,043 and dated April 2002.

(3)

The maps referred to in this subsection shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(b) Land acquisition; manner

Except for any lands owned by the State of Hawaii or its subdivisions, which may be acquired only by donation, the Secretary is authorized to acquire the lands described above by donation, exchange, or purchase through the use of donated or appropriated funds, notwithstanding any prior restriction of law.

The Secretary shall administer the park in accordance with this section and the provisions of law generally applicable to units of the national park system, including the Acts approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461–467),1 and August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.),1 and generally in accordance with the guidelines provided in the study report entitled “Kaloko-Honoko̅hau” prepared by the Honokohau Study Advisory Commission and the National Park Service, May 1974, GPO 690–514.

(d) Activities and agreements; native accommodations; cooperative marine management agreement; fishing, shoreline food gathering and small boat harbor activities: regulation; land and water management agreements

(1)

In administering the park the Secretary may provide traditional native Hawaiian accommodations.

(2)

The Secretary shall consult with and may enter into a cooperative management agreement with the State of Hawaii for the management of the submerged lands within the authorized park boundary, following the marine management policies of the State of Hawaii.

(3)

Commercial, recreational, and subsistence fishing and shoreline food gathering activities as well as access to and from the Honokohau small boat harbor by motor boats and other water craft shall be permitted wherever such activities are not inconsistent with the purposes for which the park is established, subject to regulation by the Secretary.

(4)

The Secretary shall consult with and may enter into agreements with other governmental entities and private landowners to establish adequate controls on air and water quality and the scenic and esthetic values of the surrounding land and water areas. In consulting with and entering into any such agreements, the Secretary shall to the maximum extent feasible utilize the traditional native Hawaiian Ahupua’s concept of land and water management.

(e) Employment of native Hawaiians

In carrying out the purposes of this section the Secretary is authorized and directed as appropriate to employ native Hawaiians. For the purposes of this section, native Hawaiians are defined as any lineal descendants of the race inhabiting the Hawaiian Islands prior to the year 1778.

(f) Advisory Commission; establishment; membership; qualifications; term; Chairman; vacancies; compensation and expenses; ex officio members; duties; meetings; termination

(1)

There is hereby established the Na Hoa Pili O Kaloko-Honoko̅hau (The Friends of Kaloko-Honoko̅hau), an Advisory Commission for the park. The Commission shall be composed of nine members, appointed by the Secretary, at least five of whom shall be selected from nominations provided by native Hawaiian organizations. All members of the Commission shall be residents of the State of Hawaii, and at least six members shall be native Hawaiians. Members of the Commission shall be appointed for five-year terms except that initial appointment(s) shall consist of two members appointed for a term of five years, two for a term of four years, two for a term of three years, two for a term of two years, and one for a term of one year. No member may serve more than one term consecutively.

(2)

The Secretary shall designate one member of the Commission to be Chairman. Any vacancy in the Commission shall be filled by appointment for the remainder of the term.

(3)

Members of the Commission shall serve without compensation. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this section on vouchers signed by the Chairman.

(4)

The Superintendent of the park, the National Park Service State Director, Hawaii, a person appointed by the Governor of Hawaii, and a person appointed by the mayor of the county of Hawaii, shall serve as ex officio nonvoting members of the Commission.

(5)

The Commission shall advise the Director, National Park Service, with respect to the historical, archeological, cultural, and interpretive programs of the park. The Commission shall afford particular emphasis to the quality of traditional native Hawaiian culture demonstrated in the park.

(6)

The Commission shall meet not less than twice a year. Additional meetings may be called by the Chairman.

(7)

The Advisory Commission shall terminate on December 31, 2018.

(g) Authorization of appropriations

There are hereby authorized to be appropriated not to exceed $25,000,000 for acquisition and $1,000,000 for development.

Source credit: (Pub. L. 95–625, title V, § 505, Nov. 10, 1978, 92 Stat. 3499; Pub. L. 96–87, title IV, § 401(i), Oct. 12, 1979, 93 Stat. 666; Pub. L. 104–333, div. I, title V, § 503(b), Nov. 12, 1996, 110 Stat. 4155; Pub. L. 106–510, § 3(c)(1), Nov. 13, 2000, 114 Stat. 2363; Pub. L. 108–142, § 2, Dec. 2, 2003, 117 Stat. 1875; Pub. L. 111–11, title VII, § 7401, Mar. 30, 2009, 123 Stat. 1219.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-625 · 92 Stat. 3499
1979Amended · Pub. L. 96-87 · 93 Stat. 666
1996Amended · Pub. L. 104-333 · 110 Stat. 4155
2000Amended · Pub. L. 106-510 · 114 Stat. 2363
2003Amended · Pub. L. 108-142 · 117 Stat. 1875
2009Amended · Pub. L. 111-11 · 123 Stat. 1219

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-625 on 1978-11-10.

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