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16 U.S.C. § 396d — Establishment
Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(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 the Acts approved August 25, 1916 (39 Stat. 535; [16 U.S.C. 461–467](https:
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Source file: Laws/federal/codes/united-states-code/title-16/section-396d-establishment--ac86bbc412.md
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Source location: Title 16, Chapter 1, § 396d; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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**(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.
**(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 the Acts approved August 25, 1916 (39 Stat. 535; [16 U.S.C. 461–467](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section461–467&num=0&edition=prelim)),11 See References in Text note below. and August 21, 1935 (49 Stat. 666; [16 U.S.C. 461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section461&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.
**(b) Declarations.—**
(1) **1970 declarations.—** — Congress declares that—
(A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions;
(B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage;
(C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and
(D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System.
(2) **1978 reaffirmation.—** — Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 21, 1935, ch. 593, § 1, 49 Stat. 666, declared national policy with respect to historic sites, buildings, and objects of national significance. See [section 320101 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section320101&num=0&edition=prelim), National Park Service and Related Programs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Statement of purpose** It is the purpose of this section to—
(1) assure the preservation for this and future generations of the outstanding natural and scenic features of the area commonly known as the Mineral King Valley and previously designated as the Sequoia National Game Refuge; and
(2) enhance the ecological values and public enjoyment of such area by adding such area to the Sequoia National Park.
**(b) Drawing copy, availability; boundary revisions: notification of Congressional committees, publication in Federal Register; abolition and transfer of Sequoia National Game Refuge to administrative jurisdiction of Secretary**
(1) In order to add to the Sequoia National Park (hereinafter in this section referred to as the “park”) a certain area known as Mineral King Valley possessing unique natural and scenic values, there is hereby established as part of such park all lands, waters, and interests therein, constituting approximately sixteen thousand two hundred acres designated before November 10, 1978, as the Sequoia National Game Refuge and as depicted on the drawing entitled “Boundary Map, Sequoia-Kings Canyon National Park”, numbered 102–90,000 and dated April 1975. A copy of such drawing shall be on file and available for public inspection in the office of the Director, National Park Service, Department of the Interior. After advising the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate in writing, the Secretary is authorized to make minor revisions of the boundaries of the park when necessary by publication of a revised drawing or other boundary description in the Federal Register.
(2) The Sequoia National Game Refuge is hereby abolished and the S
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 25, 1916, ch. 408, § 1, 39 Stat. 535; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–333, div. I, title VIII, § 814(e)(1), Nov. 12, 1996, 110 Stat. 4196, related to creation of National Park Service. See sections 100101(a), 100301, and 100302(a)(1), (2), (b), (c) of Title 54, National Park Service and Related Programs.
#### Short Title of 2019 Amendment
Pub. L. 116–9, § 1(a), Mar. 12, 2019, 133 Stat. 580, provided that: “This Act [see Tables for classification] may be cited as the ‘John D. Dingell, Jr. Conservation, Management, and Recreation Act’.”
#### Short Title of 2008 Amendment
Pub. L. 110–229, § 1(a), May 8, 2008, 122 Stat. 754, provided that: “This Act [see Tables for classification] may be cited as the ‘Consolidated Natural Resources Act of 2008’.”
#### Short Title of 2004 Amendment
Pub. L. 108–352, § 1, Oct. 21, 2004, 118 Stat. 1395, provided that: “This Act [see Tables for classification] may be cited as the ‘National Park System Laws Technical Amendments Act of 2004’.”
#### Short Title of 2002 Amendment
Pub. L. 107–236, § 1, Oct. 9, 2002, 116 Stat. 1483, provided that: “This Act [amending [section 460kk of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460kk&num=0&edition=prelim)] may be cited as the ‘Santa Monica Mountains National Recreation Area Boundary Adjustment Act’.”
#### Short Title of 2000 Amendment
Pub. L. 106–510, § 1, Nov. 13, 2000, 114 Stat. 2363, provided that: “This Act [see Tables for classification] may be cited as the ‘Hawaii Volcanoes National Park Adjustment Act of 2000’.”
#### Short Title of 1983 Amendment
Pub. L. 98–141, § 1, Oct. 31, 1983, 97 Stat.
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Federal law — U.S. Code and appendices · legal_authorities
Page 211
TITLE 16—CONSERVATION
§ 396d
1 See References in Text note below.
Service Organic Act, which enacted sections 1, 2, 3, and
4 of this title and provisions set out as a note under
section 100101 of Title 54, National Park Service and
Related Programs. Sections 1 to 4 of the Act were re-
pealed and restated as section 1865(a) of Title 18, Crimes
and Criminal Procedure, and section 100101(a), chapter
1003, and sections 100751(a), 100752, 100753, and 102101 of
Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014,
128 Stat. 3094, 3260, 3272. For complete classification of
this Act to the Code, see Tables. For disposition of
former sections of this title, see Disposition Table pre-
ceding section 100101 of Title 54.
AMENDMENTS
2000—Pub. L. 106–510 substituted ‘‘Haleakala¯ National
Park’’ for ‘‘Haleakala National Park’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Pub. L. 106–510, § 3(b)(2), Nov. 13, 2000, 114 Stat. 2363,
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, docu-
ment, record, map, or other paper of the United States
to ‘Haleakala National Park’ shall be considered a ref-
erence to ‘Haleakala¯ National Park’.’’
HAWAI‘I VOLCANOES NATIONAL PARK
Designation of portion of Hawaii National Park situ-
ated on island of Hawaii as Hawai‘i Volcanoes National
Park, effective Sept. 22, 1961 see section 391d of this
title.
§ 396c. Land acquisition; authorization of appro-
priations
(a) Notwithstanding any limitations on land
acquisition as provided by sections 391b, 391b–1,
392b, 392c, 396, and 396a of this title, the Sec-
retary of the Interior may acquire for addition
to the park any land on the island of Maui wit
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 396d
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Federal law — U.S. Code and appendices · legal_authorities
Page 894
TITLE 16—CONSERVATION
§ 461
Sec.
469h.
Comprehensive plan for Reserve Develop-
ment.
469i to 469k. Repealed.
469k–1.
Transferred or Repealed.
469l.
Omitted or Transferred.
469l–1 to 469l–3. Repealed.
469m.
Repealed or Omitted.
469n.
Preserve America Program.
469o.
Repealed.
SUBCHAPTER II—NATIONAL HISTORIC
PRESERVATION
470, 470–1. Transferred, Omitted, or Repealed.
PART A—PROGRAMS
470a to 470h–5. Repealed.
PART B—ADVISORY COUNCIL ON HISTORIC
PRESERVATION
470i to 470v–2. Repealed.
PART C—GENERAL AND MISCELLANEOUS
470w to 470w–8. Repealed.
PART D—NATIONAL CENTER FOR PRESERVATION
TECHNOLOGY AND TRAINING
470x to 470x–6. Repealed.
SUBCHAPTER I—GENERAL PROVISIONS
§ 461. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272
Section, act Aug. 21, 1935, ch. 593, § 1, 49 Stat. 666, de-
clared national policy with respect to historic sites,
buildings, and objects of national significance. See sec-
tion 320101 of Title 54, National Park Service and Re-
lated Programs.
§ 462. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272
Section, act Aug. 21, 1935, ch. 593, § 2, 49 Stat. 666; Pub.
L. 89–249, § 8, Oct. 9, 1965, 79 Stat. 971, related to admin-
istration by Secretary of the Interior. See section
1866(a) of Title 18, Crimes and Criminal Procedure, and
section 320102 of Title 54, National Park Service and
Related Programs.
§ 463. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272
Section, act Aug. 21, 1935, ch. 593, § 3, 49 Stat. 667; Pub.
L. 91–383, § 9, Aug. 18, 1970, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625, title
VI, § 604(2), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 101–628,
title XII, §§ 1211, 1212, Nov. 28, 1990, 104 Stat. 4507; Pub.
L. 104–333, div. I, title
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 461
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