§ 396d. Establishment

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–625 title V § 505 · 92 Stat. 3467

   Enacted · 16 U.S.C. § 396d

   Pub. L. 95–625, title V, § 505, Nov. 10, 1978, 92 Stat. 3499

   Source evidence

   Code source credit
   Pub. L. 95–625, title V, § 505, Nov. 10, 1978, 92 Stat. 3499

   Enacted provision · exact public law section
   Sec. 505. kaloko-honokohau national historical park (a) In order to provide a center for the preservation, interpretation, Establishment and description. 16 USC 396d. 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 KIIN–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) Except for any lands owned by the State of Hawaii or its subdivisions, Land acquisition. 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) The Secretary shall administer the park in accordance with this Administration. 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), and August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), 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) (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 Cooperative management agreement. 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 Agreements, consultation. 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) In carrying out the purposes of this section the Secretary is authorized and directed as appropriate to employ native Hawaiians. 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) (1) Kaloko-Honokohau Na Hoa Pili O Kaloko-Honokohau.Establishment.Membership. There is hereby established the Kaloko-Honokohau 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 yea re, 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) Chairman. 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) Compensation and expenses. 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) Duties. 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) Meetings. The Commission shall meet not less than twice a year. Additional meetings may be called by the Chairman. , (7) Termination. The Advisory Commission shall terminate ten years after the date of enactment of this Act. (g) Appropriation authorization. There are hereby authorized to be appropriated not to exceed $25,000,000 for acquisition and $1,000,000 for development.

2. 1979

   Pub. L. 96–87 title IV § 401(i) · 93 Stat. 664

   Substituted · 16 U.S.C. § 396d(f)(1)

   Pub. L. 96–87 substituted “Na Hoa Pili O Kaloko-Honokohau” for “Kaloko-Honokohau Na Hoa Pili O Kaloko-Honokohau”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 96–87 substituted “Na Hoa Pili O Kaloko-Honokohau” for “Kaloko-Honokohau Na Hoa Pili O Kaloko-Honokohau”.

   Enacted provision · exact public law section
   (i) Section 505(f)(1), re: Kaloko-Honokohau National Historic Park, is amended by striking “Kaloko-Honokohau” the first time it appears in the subsection.

3. 1996

   Omnibus Parks and Public Lands Management Act of 1996

   Pub. L. 104–333 div. I title V § 503(b) · 110 Stat. 4093

   Substituted · 16 U.S.C. § 396d(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 505(f)(7) of Public Law 95–625 (16 U.S.C. 396d(7)), is amended by striking “this Act” and inserting in lieu thereof, “the Na Hoa Pili KalokoHonokohau Re-establishment Act of 1996”.

4. 2000

   Pub. L. 106–510 § 3(c)(1)(A) · 114 Stat. 2363

   Amended · 16 U.S.C. § 396d

   Pub. L. 106–510, § 3(c)(1)(A), amended section catchline

   Source evidence

   Code amendment note
   Pub. L. 106–510, § 3(c)(1)(A), amended section catchline.

   Enacted provision · exact public law section
   (A) in the section heading, by striking “Kaloko-Honokohau” and inserting “Kaloko-Honokōhau”; and

5. 2000

   Pub. L. 106–510 § 3(c)(1)(B) · 114 Stat. 2363

   Substituted · 16 U.S.C. § 396d(a); 16 U.S.C. § 396d(c); 16 U.S.C. § 396d(f)(1); 16 U.S.C. § 396d(7)

   Pub. L. 106–510, § 3(c)(1)(B), substituted “Kaloko-Honoko̅hau” for “Kaloko-Honokohau” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (c), (f)(1), (7). Pub. L. 106–510, § 3(c)(1)(B), substituted “Kaloko-Honoko̅hau” for “Kaloko-Honokohau” wherever appearing.

   Enacted provision · exact public law section
   (B) by striking “Kaloko-Honokohau” each place it appears and inserting “Kaloko-Honokōhau”.

6. 2003

   Kaloko-Honoko̅hau National Historical Park Addition Act of 2003

   Pub. L. 108–142 § 2 · 117 Stat. 1875

   1. Amended · 16 U.S.C. § 396d(a)

      Pub. L. 108–142 designated existing provisions as par. (1)

   2. Substituted · 16 U.S.C. § 396d(a)

      Pub. L. 108–142 substituted “1978.” for “1978, which shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.”

   3. Added · 16 U.S.C. § 396d(a)

      Pub. L. 108–142 added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–142 designated existing provisions as par. (1), substituted “1978.” for “1978, which shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.”, and added pars. (2) and (3).

   Enacted provision · exact public law section
   SEC. 2. ADDITIONS TO KALOKO–HONOKO̅HAU NATIONAL HISTORICAL PARK.   Section 505(a) of Public Law 95–625 (16 U.S.C. 396d(a)) is amended— (1) by striking “(a) In order” and inserting “(a)(1) In order”; (2) by striking “1978,” and all that follows and inserting “1978.”; and (3) by adding at the end the following new paragraphs: “(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.” .

7. 2009

   Omnibus Public Land Management Act of 2009

   Pub. L. 111–11 title VII § 7401 · 123 Stat. 991

   Substituted · 16 U.S.C. § 396d(f)(7)

   Pub. L. 111–11, which directed substitution of “on December 31, 2018” for “ten years after the date of enactment of the Na Hoa Pili O Kaloko-Honokohau Re-establishment Act of 1996”, was executed by making the substitution for “ten years after the date of enactment of the Na Hoa Pili Kaloko-Honoko̅hau Re-establishment Act of 1996”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (f)(7). Pub. L. 111–11, which directed substitution of “on December 31, 2018” for “ten years after the date of enactment of the Na Hoa Pili O Kaloko-Honokohau Re-establishment Act of 1996”, was executed by making the substitution for “ten years after the date of enactment of the Na Hoa Pili Kaloko-Honoko̅hau Re-establishment Act of 1996”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   SEC. 7401. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION.   Section 505(f)(7) of the National Parks and Recreation Act of 1978 (16 U.S.C. 396d(f)(7)) is amended by striking “ten years after the date of enactment of the Na Hoa Pili O Kaloko-Honokohau Re-establishment Act of 1996” and inserting “on December 31, 2018”.

9 of 9 references resolved to an enrolled provision