An act to establish the Kalaupapa National Historical Park in the State of Hawaii, and for other purposes.
PL 96-565 (H.R.7217), enacted 12/22/1980

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 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SEC. 101. In order to provide for the preservation of the unique 
nationally and internationally significant cultural, historic, educa-
tional, and scenic resources of the Kalaupapa settlement on the 
island of Molokai in the State of Hawaii, there is hereby established 
the Kalaupapa National Historical Park (hereinafter referred to as 
the"park'0. 
SEC. 102. The Congress declares the following to constitute the 
principal purposes of the park: 
(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, 
waters, and interests therein within the area generally depicted on 
the map entitled "Boundary Map, Kalaupapa National Historical 
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 
authorized to acquire those lands owned by the State of Hawaii or any 
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 
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 
Dec. 22, 1980 
[H.R. 7217] 
Kalaupapa 
National 
Historical Park, 
Hawaii. 
Establishment. 
16 u s e 410ij. 
Purposes. 
16 u s e 410ij-l. 
Boundaries; 
public 
inspection. 
16 u s e 410iJ-2. 
Land 
acquisition. 
16 u s e 410JJ-3. 
16 u s e 460/-22. 
94 STAT. 3322 
PUBLIC LAW 96-565—DEC. 22, 1980 
48 use 691. 
48 use 697. 
48 use 698. 
Administration. 
16 use 410JJ-4. 
43 use 1457, 16 
use 1, 2, 3, 4, 22, 
43. 
16 use 461-467. 
eooperative 
agreements. 
Hawaiians, as defined in the Hawaiian Homes Commission Act of 
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 
section 203 of the Hawaiian Homes Commission Act may be 
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. 
SEC. 105. (a) The Secretary shall administer the park in accordance 
with the provisions of the Act of August 25,1916 (39 Stat. 535), the Act 
of August 21, 1935 (49 Stat. 666), and the provisions of this Act. 
(b)(1) With the approval of the owner thereof, the Secretary may 
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. 
(2) The Secretary shall seek and may enter into cooperative 
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 
other properties used for religious or sectarian purposes only if such 
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 
special needs of the leprosy patients residing in the Kalaupapa 
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-
tional needs of the leprosy patients and Native Hawaiians for 
employment and training. (The term "Native Hawaiian" as used in 
this title, means a descendant of not less than one-half part of the 
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 
Historical Park Advisory Commission (hereinafter referred to as the 
"Commission"), which shall consist of eleven members each 
appointed by the Secretary for a term of five years as follows: 
(1) seven members who shall be present or former patients, 
elected by the patient community; and 
(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 
vacancy in the Commission shall be filled in the same manner in 
which the original appointment was made. 
(c) A member of the Commission shall serve without compensation 
as such. The Secretary is authorized to pay the expenses reasonably 
Religious 
structures. 
Leprosy 
patients. 
16 u s e 410JJ-5. 
Employment 
and training. 
16 u s e 410JJ-6. 
"Native 
Hawaiian." 
Kalaupapa 
National 
Historical Park 
Advisory 
eommission. 
Establishment. 
Membership. 
16 u s e 410JJ-7. 
Chairman. 
Vacancies. 
Compensation. 
Expenses. 
94 STAT. 3324 
PUBLIC LAW 96-565—DEC. 22, 1980 
Expiration. 
Reevaluation. 
16 u s e 410JJ-8. 
Appropriation 
authorization. 
16 u s e 410JJ-9. 
Historic sailing 
ship, financial 
assistance. 
49 Stat. 666, 16 
use 462. 
Native 
Hawaiians Study 
Commission Act. 
42 u s e 2991a 
note. 
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. 
(e) The Commission shall expire twenty-five years from the date of 
enactment of this Act. 
SEC. 109. At such time when there is no longer a resident patient 
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. 
SEC. 110. Effective October 1,1981, there are hereby authorized to 
be appropriated such sums £is may be necessary to carry out the 
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 
SEC. 201. In furtherance of the purposes of subsection 2(e) of the Act 
of August 21, 1935 (49 Stat. 6666), the Secretary of the Interior is 
authorized to provide financial assistance for the operation, mainte-
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. 
TITLE III 
SEC. 301. This title may be cited as the "Native Hawaiians Study 
Commission Act". 
Establishment. 
42 u s e 2991a 
note. 
Membership. 
ehairman. 
Vacancies. 
NATIVE HAWAIIANS STUDY COMMISSION 
SEC. 302. There is hereby established the Native Hawaiians 
Study Commission (hereinafter in this title referred to as the 
"Commission"). 
(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. 
(c) The Chairman and Vice Chairman of the Commission shall be 
designated by the President at the time of appointment. 
(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 
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 
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 
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 
relating to classification and General Schedule pay rates, but at 
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 
(2) procure temporary and intermittent services to the same 
extent as is authorized by section 3109 of title 5, United States 
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. 
Pay. 
Travel expenses. 
Staff. 
5 u s e 5101, 
5331. 
5 u s e 5332. 
Temporary and 
intermittent 
services. 
DUTIES OP THE COMMISSION 
study. 
42 u s e 2991a 
note. 
Hearings; public 
notice. 
SEC. 303. (a) The Commission shall conduct a study of the culture, 
needs and concerns of 
the Native Hawaiians. 
(b) The Commission shall conduct such hearings as it considers 
appropriate and shall provide notice of such hearings to the public, 
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 
42 u s e 2991a 
note. 
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 
SEC. 304. Except as provided in subsection (b) of section 307, upon 
the expiration of the sixty-day period following the submission of the 
report required by section 303, the Commission shall cease to exist. 
42 u s e 2991a 
note. I 
DEFINITIONS 
SEC. 305. For the purposes of this title, the term "Native Hawaiian" 
means any individual whose ancestors were natives of the area which 
consisted of 
the Hawaiian Islands prior to 1778. 
42 u s e 2991a 
note. 
SAVINGS CLAUSES 
SEC. 306. No provision of this title shall be construed as— 
(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. 
42 u s e 2991a 
note. 
^ ;,: 
; 
AUTHORIZATION 
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.