Volume 86 · 458

Public Law 92–346

To authorize a study of the feasibility and desirability of establishing a unit of the national park system In order to preserve and interpret the site of Honokohau National Historical Landmark In the State of Hawaii, and for other purposes.

Approved July 11, 1972

Statutory text

AN ACT

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the Congress

Honokohau National Historical Landmark, Hawaii.

Study.

finds the site of Honokohau National Historical Landmark in the State of Hawaii encompasses unique and nationally significant cultural, historical, and archeological resources and believes that it may be in the national interest for the United States to preserve and interpret those resources for the education and inspiration of present and future generations. The Congress further believes that it is appropriate that the preservation and interpretation at that site be managed and performed by native Hawaiians, to the extent practical, and that training opportunities be provided such persons in management and interpretation of those cultural, historical, and archeological resources.

Sec. 2.

The Secretary of the Interior (hereinafter referred to as the “Secretary”) shall study the feasibility and desirability of establishing as a part of the national park system an area, not to exceed one thousand five hundred acres, comprising the site of Honokohau National Historic Landmark and adjacent waters.

As a part of such study other interested Federal agencies, and State and local bodies and officials shall be consulted, and the study shall be coordinated with other applicable planning activities.

Sec. 3.

The Secretary shall submit to the President and the Congress

Report to President and Congress.

within one year after the effective date of this Act, a report of the findings resulting from the study. The report of the Secretary shall contain, but not be limited to, findings with respect to the historic, cultural, archeological, scenic, and natural values of the resources involved and recommendations for preservation and interpretation of those resources, including the role of native Hawaiians relative to the management and performance of that preservation and interpretation and the providing to them of training opportunities in such management and performance.

Sec. 4.

There is hereby established a Honokohau Study Advisory Commission. The Commission shall cease to exist at the time of submission of the Secretary’s report to the President and the Congress.

The Commission shall be composed of fifteen members, at least ten of whom shall be native Hawaiians, appointed by the Secretary, as follows:

Two members, one of whom will be appointed from recommendations made by each of the United States Senators representing the State of Hawaii, respectively;

Two members, one of whom will be appointed from recommendations made by each of the United States Representatives for the State of Hawaii, respectively;

Five public members, who shall have knowledge and experience in one or more fields as they pertain to Hawaii, of history, ethnology, anthropology, culture, and folklore and including representatives of the Bishop Museum, the University of Hawaii, and organizations active in the State of Hawaii in the conservation of resources, to be appointed from recommendations made by the Governor of the State of Hawaii;

Five members to be appointed from recommendations made by local organizations representing the native Hawaiian people; and

One member to be appointed from recommendations made by the mayor of the county of Hawaii.

The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made.

A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities wider this Act on vouchers signed by the Chairman.

The Secretary or his designee shall consult with the Commission with respect to matters relating to the making of the study.

Sec. 5.

During the period commencing with enactment of this Act and ending with submission of the Secretary’s report to the President and the Congress and any necessary completion of congressional consideration of recommendations included in that report (1) no department or agency of the United States shall, without prior approval of the Secretary, assist by loan, grant, license, or otherwise in the implementation of any project which, in the determination of the Secretary, would unreasonably diminish the value of cultural, historical, archeological, scenic, or natural resources relating to lands or waters having potential to comprise the area referred to in section 2(a) of this Act and (2) the Chief of Engineers, Department of the Army, shall not, without prior approval of the Secretary, undertake or assist by license or otherwise the implementation of any project which, in the determination of the Secretary, would diminish the value of natural resources located within one-quarter mile of the lands and waters having potential to comprise that area.

Sec. 6.

The term “native Hawaiian”, as used in this Act, means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to the year 1778.

Sec. 7.

There are authorized to be appropriated not to exceed $50,000 to carry out the provisions of this Act.

Approved July 11, 1972.