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H.R. 7217 (96th): Native Hawaiians Study Commission Act


The text of the bill below is as of Dec 22, 1980 (Passed Congress).


PUBLIC LAW 96-565—DEC. 22, 1980                                   94 STAT. 3321
Public Law 96-565
96th Congress
                                    An Act
To establish the Kalaupapa National Historical Park in the State of Hawaii, and for     Dec. 22, 1980
                                 other purposes.                                         [H.R. 7217]

   Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                                       Kalaupapa
                                                                                      National
   SEC. 101. In order to provide for the preservation of the unique                   Historical Park,
nationally and internationally significant cultural, historic, educa-                 Hawaii.
tional, and scenic resources of the Kalaupapa settlement on the                       Establishment.
island of Molokai in the State of Hawaii, there is hereby established                 16 u s e 410ij.
the Kalaupapa National Historical Park (hereinafter referred to as
the"park'0.
   SEC. 102. The Congress declares the following to constitute the                    Purposes.
principal purposes of the park:                                                       16 u s e 410ij-l.
        (1) to preserve and interpret the Kalaupapa settlement for the
     education and inspiration of present and future generations;
        (2) to provide a well-maintained community in which the
     Kalaupapa leprosy patients are guaranteed that they may
     remain at Kalaupapa as long as they wish; to protect the current
     lifestyle of these patients and their individual privacy; to
     research, preserve, and maintain the present character of the
     community; to research, preserve, and maintain important his-
     toric structures, traditional Hawaiian sites, cultural values, and
     natural features; and to provide for limited visitation by the
     general public; and
        (3) to provide that the preservation and interpretation of the
     settlement be managed and performed by patients and Native
     Hawaiians to the extent practical, and that training opportuni-
     ties be provided such persons in management and interpretation
     of the settlement's cultural, historical, educational, and scenic
     resources.
   SEC. 103. The boundaries of the park shall include the lands,                      Boundaries;
waters, and interests therein within the area generally depicted on                   public
                                                                                      inspection.
the map entitled "Boundary Map, Kalaupapa National Historical                         16 u s e 410iJ-2.
Park", numbered P07-80024, and dated May 1980, which shall be on
file and available for public inspection in the local and Washington,
District of Columbia offices of the National Park Service, Department
of the Interior. The Secretary of the Interior (hereinafter referred to
as the "Secretary") may make minor revisions in the boundary of the
park by publication of a revised boundary map or other description to
that effect in the Federal Register.
   SEC. 104. (a) Within the boundary of the park, the Secretary is                    Land
authorized to acquire those lands owned by the State of Hawaii or any                 acquisition.
                                                                                      16 u s e 410JJ-3.
political subdivision thereof only by donation or exchange, and only
with the consent of the owner. Any such exchange shall be accom-
plished in accordance with the provisions of sections 5 (b) and (c) of
the Act approved July 15,1968 (82 Stat. 354). Any property conveyed                   16 u s e 460/-22.
to the State or a political subdivision thereof in exchange for property
within the park which is held in trust for the benefit of Native

94 STAT. 3322 PUBLIC LAW 96-565—DEC. 22, 1980 Hawaiians, as defined in the Hawaiian Homes Commission Act of 48 u s e 691. 1920 shall, as a matter of Federal law, be held by the grantee subject to an equitable estate of the same class and degree as encumbers the property within the preserve; and "available lands" defined in 48 u s e 697. section 203 of the Hawaiian Homes Commission Act may be 48 u s e 698. exchanged in accordance with section 204 of said Act. The vesting of title in the United States to property within the park shall operate to extinguish any such equitable estate with respect to property acquired by exchange within the park. (b) The Secretary is authorized to acquire privately-owned lands within the boundary of the park by donation, purchase with donated or appropriated funds, or exchange. (c) The Secretary is authorized to acquire by any of the foregoing methods except condemnation, lands, waters, and interests therein outside the boundary of the park and outside the boundaries of any other unit of the National Park System but within the State of Hawaii, and to convey the same to the Department of Hawaiian Home Lands in exchange for lands, waters, and interests therein within the park owned by that Department. Any such exchange shall be accomplished in accordance with the provisions defined in subsec- tion (a) of this section. Administration. SEC. 105. (a) The Secretary shall administer the park in accordance 16 u s e 410JJ-4. with the provisions of the Act of August 25,1916 (39 Stat. 535), the Act 43 u s e 1457, 16 of August 21, 1935 (49 Stat. 666), and the provisions of this Act. u s e 1, 2, 3, 4, 22, 43. (b)(1) With the approval of the owner thereof, the Secretary may 16 u s e 461-467. undertake critical or emergency stabilization of utilities and historic structures, develop and occupy temporary office space, and conduct interim interpretive and visitor services on non-Federal property within the park. eooperative (2) The Secretary shall seek and may enter into cooperative agreements. agreements with the owner or owners of property within the park pursuant to which the Secretary may preserve, protect, maintain, construct, reconstruct, develop, improve, and interpret sites, facili- ties, and resources of historic, natural, architectural, and cultural significance. Such agreements shall be of not less than twenty years duration, may be extended and amended by mutual agreement, and shall include, without limitation, provisions that the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes, and that no changes or alterations shall be made in the property except by mutual agree- ment. Each such agreement shall also provide that the owner shall be liable to the United States in an amount equal to the fair market value of any capital improvements made to or placed upon the property in the event the agreement is terminated prior to its natural expiration, or any extension thereof, by the owner, such value to be determined as of the date of such termination, or, at the election of the Secretary, that the Secretary be permitted to remove such capital improvements within a reasonable time of such termination. Upon the expiration of such agreement, the improvements thereon shall become the property of the owner, unless the United States desires to remove such capital improvements and restore the property to its natural state within a reasonable time for such expiration. (3) Except for emergency, temporary, and interim activities as authorized in paragraph (1) of this subsection, no funds appropriated pursuant to this Act shall be expended on non-Federal property unless such expenditure is pursuant to a cooperative agreement with the owner.
PUBLIC LAW 96-565—DEC. 22, 1980 94 STAT. 3323 (4) The Secretary may stabilize and rehabilitate structures and Religious other properties used for religious or sectarian purposes only if such structures. properties constitute a substantial and integral part of the historical fabric of the Kalaupapa settlement, and only to the extent necessary and appropriate to interpret adequately the nationally significant historical features and events of the settlement for the benefit of the public. SEC. 106. The following provisions are made with respect to the Leprosy special needs of the leprosy patients residing in the Kalaupapa patients. 16 u s e 410JJ-5. settlement— (1) So long as the patients may direct, the Secretary shall not permit public visitation to the settlement in excess of one hundred persons in any one day. (2) Health care for tne patients shall continue to be provided by the State of Hawaii, with assistance from Federal programs other than those authorized herein. (3) Notwithstanding any other provision of law, the Secretary shall provide patients a first right of refusal to provide revenue- producing visitor services, including such services as providing food, accommodations, transportation, tours, and guides. (4) Patients shall continue to have the right to take and utilize fish and wildlife resources without regard to Federal fish and game laws and regulations. (5) Patients shall continue to have the right to take and utilize plant and other natural resources for traditional purposes in accordance with applicable State and Federal laws. SEC. 107. The following provisions are made with respect to addi- Employment tional needs of the leprosy patients and Native Hawaiians for and training. 16 u s e 410JJ-6. employment and training. (The term "Native Hawaiian" as used in "Native this title, means a descendant of not less than one-half part of the Hawaiian." blood of the races inhabiting the Hawaiian Islands previous to the year 1778.)— (1) Notwithstanding any other provision of law, the Secretary shall give first preference to qualified patients and Native Hawaiians in making appointments to positions established for the administration of the park, and the appointment of patients and Native Hawaiians shall be without regard to any provision of the Federal civil service laws giving an employment preference to any other class of applicant and without regard to any numerical limitation on personnel otherwise applicable. (2) The Secretary shall provide training opportunities for patients and Native Hawaiians to develop skills necessary to qualify for the provision of visitor services and for appointment to positions referred to in paragraph (1). SEC. 108. (a) There is hereby established the Kalaupapa National Kalaupapa Historical Park Advisory Commission (hereinafter referred to as the National Historical Park "Commission"), which shall consist of eleven members each Advisory appointed by the Secretary for a term of five years as follows: eommission. (1) seven members who shall be present or former patients, Establishment. elected by the patient community; and Membership. 16 u s e 410JJ-7. (2) four members appointed from recommendations submitted by the Governor of Hawaii, at least one of whom shall be a Native Hawaiian. (b) The Secretary shall designate one member to be Chairman. Any Chairman. vacancy in the Commission shall be filled in the same manner in Vacancies. which the original appointment was made. (c) A member of the Commission shall serve without compensation Compensation. as such. The Secretary is authorized to pay the expenses reasonably Expenses.
94 STAT. 3324 PUBLIC LAW 96-565—DEC. 22, 1980 incurred by the Commission in carrying out its responsibilities under this Act on vouchers signed by the Chairman. (d) The Secretary shall consult with and seek the advice of the Commission with respect to the development and operation of the park including training programs. The Commission shall, in addition, advise the Secretary concerning public visitation to the park, and such advice with respect to numbers of visitors shall be binding upon the Secretary if the Commission certifies to him that such advice is based on a referendum, held under the auspices of the Commission, of all patients on the official Kalaupapa Registry. Expiration. (e) The Commission shall expire twenty-five years from the date of enactment of this Act. Reevaluation. SEC. 109. At such time when there is no longer a resident patient 16 u s e 410JJ-8. community at Kalaupapa, the Secretary shall reevaluate the policies governing the management, administration, and public use of the park in order to identify any changes deemed to be appropriate. Appropriation SEC. 110. Effective October 1,1981, there are hereby authorized to authorization. be appropriated such sums £is may be necessary to carry out the 16 u s e 410JJ-9. purposes of this title but not to exceed $2,500,000 for acquisition of lands and interests in lands and $1,000,000 for development. TITLE II Historic sailing SEC. 201. In furtherance of the purposes of subsection 2(e) of the Act ship, financial of August 21, 1935 (49 Stat. 6666), the Secretary of the Interior is assistance. 49 Stat. 666, 16 authorized to provide financial assistance for the operation, mainte- use 462. nance and protection of the historic sailing ship Falls of Clyde, located in Honolulu Harbor, Hawaii. Such authorization shall termi- nate at such time as the Falls of Clyde is no longer located in the State of Hawaii. SEC. 202. Authority to enter into contracts or cooperative agree- ments, to incur obligations or to make payments under this Act shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts. Native TITLE III Hawaiians Study Commission Act. SEC. 301. This title may be cited as the "Native Hawaiians Study 42 u s e 2991a note. Commission Act". NATIVE HAWAIIANS STUDY COMMISSION Establishment. SEC. 302. There is hereby established the Native Hawaiians 42 u s e 2991a Study Commission (hereinafter in this title referred to as the note. "Commission"). Membership. (b) The Commission shall be composed of nine members appointed by the President. Not more than three of such members shall be residents of the State of Hawaii. ehairman. (c) The Chairman and Vice Chairman of the Commission shall be designated by the President at the time of appointment. Vacancies. (d) Vacancies in the membership of the Commission shall not affect the powers of the remaining members to execute the functions of the Commission and shall be filled in the same manner in which the original appointments were made. (e) The President shall call the first meeting of the Commission not more than ninety days after the date of the enactment of this title. (f) Five members of the Commission shall constitute a quorum, but a smaller number specified by the Commission may conduct hearings.
PUBLIC LAW 96-565—DEC. 22, 1980 94 STAT. 3325 (g) Each member of the Commission shall receive $100 for each day Pay. such member is engaged in performing the duties of the Commission, except that members of the Commission who are fuUtime officers or employees of the United States shall receive no additional pay on account of their service on the Commission other than official travel expenses. (h) While away from their homes or regular places of business Travel expenses. in the performance of services for the Commission, members of the Commission (including members who are fuUtime officers or employees of the United States) shall be allowed travel expenses, including per diem, in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (i) Subject to such rules and regulations as may be adopted by the Commission, the Chairman may— (1) appoint and fix the compensation of an executive director, a Staff. general counsel, and such additional staff as he deems necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title 5 u s e 5101, relating to classification and General Schedule pay rates, but at 5331. rates not in excess of the maximum rate of pay in effect from time to time for grade GS-18 of the General Schedule under section 5332 of such title; and 5 u s e 5332. (2) procure temporary and intermittent services to the same Temporary and extent as is authorized by section 3109 of title 5, United States intermittent services. Code, but at rates not to exceed $100 a day for individuals. (j) Subject to section 552a of title 5, United States Code, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this title. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (k) The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. DUTIES OP THE COMMISSION SEC. 303. (a) The Commission shall conduct a study of the culture, study. needs and concerns of the Native Hawaiians. 42 u s e 2991a note. (b) The Commission shall conduct such hearings as it considers Hearings; public appropriate and shall provide notice of such hearings to the public, notice. including information concerning the date, location and topic of each hearing. The Commission shall take such other actions as it considers necessary to obtain full public participation in the study undertaken by the Commission. (c) Within one year after the date of its first meeting, the Commis- Draft report, sion shall publish a draft report of the findings of the study and shall distribute copies of the draft report to appropriate Federal and State agencies, to Native Hawaiian organizations, and upon request, to members of the public. The Commission shall solicit written com- eomments. ments from the organizations and individuals to whom copies of the draft report are distributed. (d) After taking into consideration any comments submitted to the Final report. Commission, the Commission shall issue a final report of the results of its study within nine months after the publication of its draft report. The Commission shall submit copies of the final report and Submittal to President and congressional committees.
j^4 STAT. 3326 PUBLIC LAW 96-565—DEC. 22, 1980 copies of all written comments on the draft submitted to the Commis- sion under paragraph (c) to the President and to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives. (e) The Commission shall make recommendations to the Congress based on its findings and conclusions under subsection (a) of this section. TERMINATION OF THE COMMISSION 42 u s e 2991a SEC. 304. Except as provided in subsection (b) of section 307, upon note. the expiration of the sixty-day period following the submission of the report required by section 303, the Commission shall cease to exist. DEFINITIONS 42 u s e 2991a SEC. 305. For the purposes of this title, the term "Native Hawaiian" note. I means any individual whose ancestors were natives of the area which consisted of the Hawaiian Islands prior to 1778. SAVINGS CLAUSES 42 u s e 2991a SEC. 306. No provision of this title shall be construed as— note. (1) constituting a jurisdictional act, conferring jurisdiction to sue, or granting implied consent to Native Hawaiians to sue the United States or any of its offices; or (2) constituting a precedent for reopening, renegotiating, or legislating any psist settlement involving land claims or other matters with any Native organization or any tribe, band, or identifiable group of American Indians. ^ ;,: ; AUTHORIZATION 42 u s e 2991a note. SEC. 307. (a) There are hereby authorized to be appropriated for fiscal years 1982 and 1983 such sums as are necessary to carry out the provisions of this title. Until October 1,1981, salaries and expenses of the Commission shall be paid from the contingent fund of the Senate upon vouchers approved by the Chairman. To the extent that any payments are made from the contingent fund of the Senate prior to the time appropriation is made, such payments shall be chargeable against the authorization provided herein.
PUBLIC LAW 96-565—DEC. 22, 1980 94 STAT. 3327 (b) The Secretary of the Treasury shall reserve a reasonable portion of the funds appropriated pursuant to subsection (a) of this section for the purpose of providing payment for the transportation, subsistence, and reasonable expenses of the members of the Commission in testifying before the Congress with respect to their duties and activities while serving on the Commission or to such matters as may involve the findings of the study of the Commission after the expiration of the Commission pursuant to section 304. Approved December 22, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-1019 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 96-1027 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 126 (1980): May 19, considered and passed House. Dec. 4, considered and passed Senate, amended. Dec. 5, House concurred in Senate amendments.