§ 396d. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC396d]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLII-A--KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK
Sec. 396d. Establishment
(a) In general
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-Honokohau 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-Honokohau
National Historical Park,'' numbered KHN-80,000, and dated May 1978,
which shall be on file and available for public inspection in the
appropriate offices of the National Park Service, Department of the
Interior.
(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.
(c) Administration; applicable provisions
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 sections 1, 2, 3, 4, and 461 to 467 of
this title, and generally in accordance with the guidelines provided in
the study report entitled ``Kaloko-Honokohau'' 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-Honokohau
(The Friends of Kaloko-Honokohau), 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 ten years after the date
of enactment of the Na Hoa Pili Kaloko-Honokohau Re-establishment Act of
1996.
(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.
(Pub. L. 95-625, title V, Sec. 505, Nov. 10, 1978, 92 Stat. 3499; Pub.
L. 96-87, title IV, Sec. 401(i), Oct. 12, 1979, 93 Stat. 666; Pub. L.
104-333, div. I, title V, Sec. 503(b), Nov. 12, 1996, 110 Stat. 4155;
Pub. L. 106-510, Sec. 3(c)(1), Nov. 13, 2000, 114 Stat. 2363.)
References in Text
Sections 1, 2, 3, and 4 of this title, referred to in subsec. (c),
was in the original act ``approved August 25, 1916 (39 Stat. 535; 16
U.S.C. 461-467)''. Act Aug. 25, 1916, is classified to sections 1, 2, 3,
and 4 of this title.
The date of enactment of the Na Hoa Pili Kaloko-Honokohau Re-
establishment Act of 1996, referred to in subsec. (f)(7), probably means
the date of enactment of the Omnibus Parks and Public Lands Management
Act of 1996, Pub. L. 104-333, which was approved Nov. 12, 1996. No act
named the Na Hoa Pili Kaloko-Honokohau Re-establishment Act of 1996 has
been enacted. Section 503 of title V of div. I of Pub. L. 104-333, which
amended this section and enacted provisions set out as a note below,
relates to extension of Kaloko-Honokohau Advisory Commission.
Amendments
2000--Pub. L. 106-510, Sec. 3(c)(1)(A), amended section catchline.
Subsecs. (a), (c), (f)(1), (7). Pub. L. 106-510, Sec. 3(c)(1)(B),
substituted ``Kaloko-Honokohau'' for ``Kaloko-Honokohau'' wherever
appearing.
1996--Subsec. (f)(7). Pub. L. 104-333 substituted ``the date of
enactment of the Na Hoa Pili Kaloko-Honokohau Re-establishment Act of
1996'' for ``the date of enactment of this Act''.
1979--Subsec. (f)(1). Pub. L. 96-87 substituted ``Na Hoa Pili O
Kaloko-Honokohau'' for ``Kaloko-Honokohau Na Hoa Pili O Kaloko-
Honokohau''.
Change of Name
Pub. L. 106-510, Sec. 3(c)(2), Nov. 13, 2000, 114 Stat. 2364,
provided that: ``Any reference in any law (other than this Act [see
Short Title of 2000 Amendments note set out under section 1 of this
title]), regulation, document, record, map, or other paper of the United
States to `Kaloko-Honokohau National Historical Park' shall be
considered a reference to `Kaloko-Honokohau National Historical Park'.''
Extension of Kaloko-Honokohau Advisory Commission
Section 503(a) of title V of div. I of Pub. L. 104-333, as amended
by Pub. L. 106-510, Sec. 3(c)(2), Nov. 13, 2000, 114 Stat. 2364,
provided that: ``Notwithstanding section 505(f)(7) of Public Law 95-625
(16 U.S.C. 396d(f)(7)), the Na Hoa Pili O Kaloko-Honokohau, the Advisory
Commission for Kaloko-Honokohau National Historical Park, is hereby re-
established in accordance with section 505(f), as amended by paragraph
(2) of this subsection [probably should be `subsection (b) of this
section', amending this section].''
``Secretary'' Defined
Secretary means the Secretary of the Interior, see section 2 of Pub.
L. 95-625, set out as a note under section 2503 of this title.
Section Referred to in Other Sections
This section is referred to in sections 396e, 396f of this title.
