Laws & Policies

 

Superintendent's Compendium

National Park Service U.S. Department of the Interior

Superintendent’s Compendium (10/04/2024)
Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Approved:
Nancy Holman, Superintendent (10/03/2024)

Kalaupapa National Historical Park
#7 Puahi Street Kalaupapa, Hawaii 96742
808-567-6802 Phone [phone] Fax

Pursuant to Title 36, Code of Federal Regulations (“36 CFR”), Parts 1-7 the following provisions (visiting hours, public use limits, closures, and area designations) apply to all lands and waters administered by the National Park Service, within the boundaries of Kalaupapa National Historical Park (“Park”). Except as modified in this Compendium, the regulations in 36 CFR Parts 1-6 also apply to the lands and waters administered by the National Park Service within the Park.

Written determinations, which explain the reasons for the rules applicable to visiting hours, public use limits, closures, and area designations specific to the Park, appear in this document in italicized print. The authority for the Park specific rule, in addition to the NPS Organic Act (54 U.S.C. § 100101 et seq.), is listed after the rule. Park specific rules are also based on the Park enabling law—Public Law 95-565 (December 22, 1980), 94 Stat. 3321, as amended (PL 95-565). Pursuant to Section 106 of PL 95-565, patients within the Park are not subject to any restrictions in the taking of fish, wildlife, or plants set out in 36 CFR parts 1-6, this Compendium, or other federal laws or regulations.

I. VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

Visiting Hours: The Park has no set visiting hours – it is open 24-hours-a day each day; however, with the exception of visitors who are sponsored by residents that live in the Park, visitors may only enter the Park with a permit and only by way of commercial tours via airplane, which limits the times that a visitor can enter the Park. Residents and their sponsored visitors may use the Kalaupapa Pali Trail at any time, subject to closures because of emergencies, but use of the trail is at their own risk. (36 CFR § 1.5)

Public Use Limits, Area Restrictions, and Closures:

• General Visitor Entry: All visitors are required to obtain a visitor’s permit prior to their arrival in or at the Park. The NPS utilizes the permit system managed by the State of Hawaii Department of Health (DOH) – the state agency that provides care to the Hansen’s Disease patients who live at the Kalaupapa Settlement and also acts as the county administration (limited) for Kalawao County. Visitor permits can only be obtained from DOH or through a commercial tour operator (who obtains them for the visitor from DOH). For the purposes of this compendium, visitor is defined as anyone that is not a resident of the Park nor is employed by the NPS or the Department of the Interior nor employed by relevant State of Hawaii agencies and is on official business and who has obtained the required permit. The number of visitors is limited to 100 per day and no children under the age of 16 may enter the Park. The only legal entry points for visitors to the park are the airport or the Pali Trail. Visitors who wish to arrive by boat must obtain a separate special use permit issued by the Superintendent of the Park. (36 CFR §§ 1.5 and 1.6)

When Congress established the Park it recognized the special character of the land within the Park and the unique situation of the Hansen’s Disease patients who still live within the Settlement that became part of the Park—specifically stating that visitation to the Park should be limited to ensure a well-maintained community for them while the patients still live at the Park. The patients have continued to express their desire to limit visitors to no more than 100 per day and to limit visitation to those over the age of 16. A permit system for visitors is needed to make sure that both the NPS and the DOH can properly regulate the number and type of visitation as well as ensure that visitation is respectful of both the privacy of the patients and their lives as well as the safety and well-being of the visitors.

Closures for Emergencies, Maintenance and Preservation of Cultural and Natural Resources: All park roads, trails, facilities and specified designated areas are subject to temporary closures as indicated by signs or other means of notification during periods of emergencies, other public concerns, or for the preservation of cultural and natural resources. These temporary closures may be made until the Superintendent has an opportunity to make public notifications for closures of longer durations (usually more than 48 hours). FIRE CLOSURES: Any portions of Kalaupapa National Historical Park may be temporarily closed, due to wildfire and/or fire management activities, which pose a threat to visitor safety. Impacted areas generally include (but not limited too): Coastal Road (from west cattleguard to east cattleguard), Crater Road(s), Fuel Farm Road(s), and the Kalaupapa Settlement Road(s).

Protecting Visitors, Employee, Partners, and Others During a Pandemic: When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.

When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.

When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.

Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.

Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.

Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.

(On February 28, 2022, based on new CDC guidance, the Safer Federal Workforce Task Force issued “Initial Implementation Guidance for Federal Agencies on COVID-19 Community Levels and Mask-Wearing,” which provides federal agencies with guidance they should follow in utilizing the CDC’s COVID-19 Community Levels to determine the appropriate mask-wearing and screening testing requirements for each federal facility at a given time. This guidance also required the inclusion of the above language in this Superintendent’s Compendium)

• Photography and Filming:

Photographing, filming, and/or taking videos of Hansen Disease patients is prohibited except as approved in writing by the patient. In addition, filming or taking videos, except on individual devices (cameras, phones, etc), is prohibited without a permit issued by the Superintendent of the Park (see below). Many of the remaining Hansen’s disease patients, are sensitive to their pictures being taken and have sometimes been subjected to their histories being ‘sensationalized’ without their knowing. To protect the privacy of the remaining patients, photographs, film, and videos may not be taken without their written permission. The requirement that all filming (including videos) be pursuant to a permit is to protect the natural and cultural resources within the Park as well as the safety of visitors and residents and to ensure that the privacy of the patients is respected.

• Scuba and Snorkelling: Snorkelling is permitted. Scuba diving with the use of surface supplied air (SNUBA) and self-contained (SCUBA) apparatus is prohibited within the Park (which includes the ¼ mile water off-shore area within the boundary). Use of SCUBA apparatus for research purposes may be allowed under a research permit. (36 CFR § 1.5)

Recreational SCUBA or SNUBA diving are not compatible uses with the purposes for which the Park was created nor with the resource values protected at the Park, including importantly, being respectful of the resident patients. Such activities also pose an increased risk of impacts to the marine resources within the Park. In addition, such activities increases the risk to visitors because the Park is a remote place with a long response time to respond to medical emergencies or other safety situations. Snorkelling poses less potential impacts both to the natural resources in the Park as well as to the cultural resources, including the life of the resident patients.

• Surfboards: The use of surfboards and similar rigid devices is prohibited within the Park (which includes the ¼ mile water off-shore area within the boundary). (36 CFR § 1.5)

Recreational surfing and body boarding are not compatible uses with the purposes for which the Park was created nor with the resource values protected at the Park, including importantly being respectful of the resident patients. In addition, such activities increases the risk to visitors because the Park is a remote place with a long response time to respond to medical emergencies or other safety situations.

• Archaeological sites, including heiaus, house platforms, rock walls, caves, and any similar sites, are closed areas. (36 CFR § 2.1(a)(5)) Archaeological and cultural sites within the Park are closed to general use in order to protect these resources from caused degradation and in order to respect the historic properties within the Park. Access for research or other special events and uses may be allowed under a permit only when the activity would not harm resources or pose a risk to humans.

• Hiking or pedestrian traffic outside of the Kalaupapa Settlement is restricted to the Kalaupapa Trail or posted walkways or trails; off trail or walkway hiking, walking, or climbing is prohibited. (36 CFR § 2.1(b))

Hiking, walking, and climbing is limited to the developed area of the Settlement and established walkways and trails to protect the resources within the Park and in order to respect the cultural landscapes within the Park. In addition, “off-trail” use increases risk to visitors because the Park is a remote place with a long response time to respond to medical emergencies or other safety situations. Access for research or other special events and uses may be allowed under a permit only when the activity would not harm resources or pose a risk to humans.

• Wildlife Protection: No artificial lighting may be used for viewing within the Park. (36 CFR § 2.2). Artificial lighting can be very disorienting for animals that are trying to move at night.

• Weapons: The use and possession of weapons shall be governed by 36 CFR § 2.4, except weapons may be used and possessed in support of ungulate control only pursuant to the terms and conditions of the ungulate control permits issues by the Hawaii Department of Land and Natural Resources and in accordance with federal and state laws.

• Camping: Camping or any overnight stay not at a residence or guest quarters is prohibited within the Park except pursuant to a permit issued by the Superintendent of the Park. Camping is defined as the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy. (36 C.F.R. § 2.10)

Camping is not a compatible use with the purposes for which the Park was created nor with the resource values protected at Park, including importantly being respectful of the resident patients. In addition, camping in backcountry locations increases risk to visitors because the Park is a remote place with a long response time to respond to medical emergencies or other safety situations.

• Fires: Except as permitted pursuant to a permit issued by the Superintendent of the Park, the lighting or maintaining of fires is limited to the following areas: Ocean View picnic area and fire grates; Judd Park picnic area and fire grates; Visitor’s Quarter fire places and fire grates; within resident’s yards. (36 CFR § 2.13) Kalaupapa is a remote location with limited response capacity for emergency situations. Kalaupapa is also very dry in certain months with strong winds. Limiting fires to the specified areas keeps fire activity better controlled.

• Smoking: Smoking (including Electronic Nicotine Delivery Systems (ENDS) is prohibited inside and within 25 feet of all park building and NPS facilities. (36 C.F.R. § 2.21) Smoking subjects non-smokers to second hand smoke, which can have deleterious effects on the health of others and exacerbate underlying health conditions, especially within enclosed spaces or locations where people congregate.

• Unmanned Aircraft: Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the NPS within the boundaries of the Park is prohibited except pursuant to a permit issued by the Superintendent of the Park. The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce. (36 CFR § 1.5)

The use of unmanned aircraft undermines the privacy of the resident patients and is incompatible with the historic and natural setting of the Park. The use of unmanned aircraft may also adversely impact visitor experience by disturbing the enjoyment of the natural and cultural landscape and soundscape. Also, because a Majority of the Park is located within 5 miles of the Kalaupapa airport the use of unmanned aircraft is prohibited by FAA regulations.

• Pets: may be kept by Park residents under the following conditions: Two pets per person as per the Housing Management Plan. Pet dogs may be used in support of ungulate control only pursuant to the terms and conditions of the ungulate control permits issues by the Hawaii Department of Land and Natural Resources and in accordance with federal and state laws. (36 CFR §2.15) Pets are a continuation of how the patients historically cared for animals. Having animals in one’s care in excess of the pet policies increases the risk of uncontrolled feral animal populations in a sensitive ecosystem.

• Skating, Skateboards, and similar devices: The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are not permitted within the park (36 CFR §2.20)

Skating and the use of skateboards and similar devices are not compatible uses with the purposes for which the Park was created nor with the resource values protected at Park, including importantly being respectful of the resident patients. In addition, such activities increase risk to visitors because the Park is a remote location with a long response time to respond to medical emergencies or other safety situations.

• Bicycles: E-Bikes are allowed in the Park where traditional bicycles are allowed, this includes all paved and gravelled roads within the park. E-Bikes are prohibited where traditional bicycles are prohibited. The term “e-bike” means a two or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1hp). A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.14, 4.20, 4.21, 4.22, 4.23 and 4.30(h)(2)-(5). (36 C.F.R. § 4.30)

Traditional bikes have been allowed on paved and gravelled roads since before the NPS began to administer the land that now encompasses the Park. However, the Kalaupapa Pali Trail is closed to bikes (and thus E-Bikes) and all motorized vehicles because the Trail is steep and arduous and there is no approved plan for the use of bicycles or vehicles on trails within the Park. In addition, bicycles use and/or motorized vehicles further exacerbate the level of danger; rescue operations on the Trail can be extremely complex and puts the emergency responders at further risk; and, bicycle use and/or any motorized vehicles may also cause resource damages to the Trail. E-Bikes are a relatively new technology that advance the goals to promote parks as a health resource by supporting a healthy park experience that is accessible, desirable, and relatable to people of all abilities, and by minimizing human impact through the expansion of active transportation options in the parks. Expanding access of e-bikes, pursuant to the definitions and restrictions listed above to areas in the Park where bicycles are already allowed does not pose additional safety or resource protection concerns.

I. ACTIVITIES THAT REQUIRE A PERMIT

• Visitor Entry: All visitors are required to obtain a permit (as set out above in Section I) to enter the Park. (36 CFR §§ 1.5 and 1.6)

• Filming Activities: Outdoor filming or filming within NPS buildings or facilities requires a permit issued by the Superintendent; the permit must be applied for at least ten (10) days in advance. For the purposes of this rule, “filming” includes traditional film, videos, and the use of “smart” phones or other computer devices. The requirement for a permit does not apply to an individual using a personal filming device, including a device that is on a tripod. This requirement does not change the requirements applicable to commercial still photography found at 36 CFR § 5.5. The requirement for a permit – which would regulate the timing, location, magnitude (number of people and types of equipment), and subjects—is needed to protect the privacy of patients and the natural and cultural resources within the Park and for the safety of visitors and residents. These same concerns do not generally apply to an individual filming within the Park – however, individual filming is still subject to the general NPS regulations found at 36 CFR Parts 1-6 as well as the rules in this Compendium, especially the restriction on filming patients without their permission.

• Specimen collection (Removal of plants, rocks or minerals( 36 CFR §2.5(a)).

• Camping: Camping and overnight backcountry use is prohibited unless allowed under a research permit or other special use permit issued by the Superintendent of the Park. (36 CFR §2.10)

• Audio Disturbances: Except of provided below, the use of audio devices must comply with 36 CFR §2.12. Residents may operate a chainsaw or small power implements such as lawn mowers, weed whackers, etc or portable motor or engine, or device powered by a portable motor or engine within the area immediately surrounding their residence without a permit – this rule shall constitute a permit under the regulations. Such use must still comply with 36 C.F.R. §2.12(a)(1). Use of audio devices outside of a residence requires a special use permit issued by the Superintendent of the Park. (36 CFR §§ 1.6 and 2.12)

• Removal of a downed aircraft or delivery or retrieval of a person or object by parachute, helicopter or other airborne means. (36 CFR §2.17)

• The use of explosives, fireworks, or firecrackers. (36 CFR §2.38)

• All special events - sporting events, pageants, regattas, public spectator attractions, entertainments, ceremonies (including weddings) require a permit issued by the Superintendent of the Park. (36 CFR §2.50(a))

• Public Assemblies and Meetings: public assemblies and/or meetings must meet in the designated First Amendment area, located adjacent to the Kalaupapa Store (272 Damien Road). The use of amplification equipment requires a permit issued by the Superintendent of the Park. Groups of 25 people or greater requires a permit issued by the Superintendent of the Park. (36 CFR §2.51).

• Memorialization: Erection of monuments requires approval from NPS Regional Director. The scattering of human ashes from lawful cremation requires a written permit issued by the Superintendent; All requests for the scattering of ashes must be made in writing to the Superintendent at least five working days prior to the date requested to scatter the ashes. (36 CFR §§ 1.6 and 2.62). The scattering of cremains is an activity that has been occurring at Kalaupapa for many years and is consistent with the significance of the Park. Keeping records of scattering activities tells of the Park’s significance and impact to many. Permitting of scattering activities is necessary as often times, coordination with the Park is required to access various locations.

• Advertisements - (Display, posting or distribution.) (36 CFR §5.1)

• Engaging in or soliciting any business. (36 C.F.R. §5.3)

• Commercial Still Photography. (36 CFR §5.5(a))

• Construction of public or private utilities, buildings, facilities, trails, roads, path, structure, etc. require a valid permit, contract or other written agreement. (36 C.F.R. §5.7).

• Vessel Permits: Permits are required for the use of a vessel (as defined at 36 CFR § 1.4) within the boundary of the Park. Use of vessels are subject to the requirements in 36 CFR Part 3 and any other applicable federal laws (such as U.S. Coast Guard regulations) and state laws and regulations. Visitors are not permitted to enter the Park, including especially the marine areas of the Park, by vessel except under a special use permit issued by the Superintendent of the Park. (36 CFR §§ 1.6 and 3.3).

 

Laws Pertaining to Kalaupapa

Public Law 94-518, Title IV -- October 17, 1976 (established the Kalaupapa National Historical Park Advisory Commission).

Public Law 96-565 -- December 22, 1980 (established the park) and Public Law 100-202 -- December 22, 1987 (allowed park to lease lands from Hawaiian Homes Commission).
Hawaii Revised Statutes 326 -- Hansen's Disease and Kalaupapa Settlement.

National Historic Landmark (NHL) District

The 1935 National Historic Sites Act authorized a program for identifying and marking National Historic Landmarks. Kalaupapa Leprosy Settlement National Historic Landmark was designated in 1976.

Natural National Landmark (NNL) Designation

The Secretary of the Interior established the Natural Natural Landmarks Program in 1962 to identify and encourage the preservation of ecological and geological features that are nationally significant examples of the Nation's natural heritage. The North Shore Cliffs of Molokai was listed as a NNL in 1972.

National Park Service Management Policies

Broad National Park Service policies are relevant to the park.

 

16 U.S.C.
United States Code, 2017 Edition
Title 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-H - KALAUPAPA NATIONAL HISTORICAL PARK
From the U.S. Government Publishing Office, www.gpo.gov

SUBCHAPTER LIX–H—KALAUPAPA NATIONAL HISTORICAL PARK

§410jj. Establishment

In order to provide for the preservation of the unique nationally and internationally significant cultural, historic, educational, 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").

(Pub. L. 96–565, title I, §101, Dec. 22, 1980, 94 Stat. 3321.)

§410jj–1. Purposes

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 historic 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 opportunities be provided such persons in management and interpretation of the settlement's cultural, historical, educational, and scenic resources.

(Pub. L. 96–565, title I, §102, Dec. 22, 1980, 94 Stat. 3321.)

§410jj–2. Boundaries; revisions of boundary; publication in Federal Register

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.

(Pub. L. 96–565, title I, §103, Dec. 22, 1980, 94 Stat. 3321.)

§410jj–3. Acquisition of lands and interests

(a) State- or locally-owned lands; manner of acquisition

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 accomplished in accordance with the provisions of section 102901(b) and (c) of title 54. 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 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. The Secretary may lease from the Department of Hawaiian Home Lands said trust lands until such time as said lands may be acquired by exchange as set forth herein or otherwise acquired. The Secretary may enter into such a lease without regard to fiscal year limitations.

(b) Privately-owned lands; manner of acquisition

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) Lands outside of boundary of park and other units of National Park System within State; manner of acquisition

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 subsection (a) of this section.

(Pub. L. 96–565, title I, §104, Dec. 22, 1980, 94 Stat. 3321; Pub. L. 100–202, §101(g) [title I, §100], Dec. 22, 1987, 101 Stat. 1329–213, 1329–220.)

References in Text

The Hawaiian Homes Commission Act of 1920, referred to in subsec. (a), probably means the Hawaiian Homes Commission Act, 1920, act July 9, 1921, ch. 42, 42 Stat. 108, as amended, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code.

Codification

In subsec. (a), "sections 102901(b) and (c) of title 54" substituted for "sections 5(b) and (c) of the Act approved July 15, 1968 (82 Stat. 354)" on authority of Pub. L. 113–287, §6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. Subsection (c) of section 5 of the Act approved July 15, 1968, meaning section 5(c) of Pub. L. 90–401, was redesignated subsection (d) and a new subsection (c) was added by Pub. L. 98–506, §2, Oct. 19, 1984, 98 Stat. 2338.

Amendments

1987—Subsec. (a). Pub. L. 100–202 inserted at end "The Secretary may lease from the Department of Hawaiian Home Lands said trust lands until such time as said lands may be acquired by exchange as set forth herein or otherwise acquired. The Secretary may enter into such a lease without regard to fiscal year limitations."

§410jj–4. Administration

(a) Laws governing

The Secretary shall administer the park in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535),¹ the Act of August 21, 1935 (49 Stat. 666),¹ and the provisions of this Act.

(b) Emergency, temporary, and interim activities; cooperative agreements; expenditures; rehabilitation projects

(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, facilities, 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 agreement. 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.

(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.

(Pub. L. 96–565, title I, §105, Dec. 22, 1980, 94 Stat. 3322.)

References in Text

The Act of August 25, 1916 (39 Stat. 535), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park 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 repealed 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 preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 Stat. 666), referred to in subsec. (a), is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, 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 preceding section 100101 of Title 54.

This Act, referred to in subsecs. (a) and (b)(3), is Pub. L. 96–565, Dec. 22, 1980, 94 Stat. 3321, which enacted this subchapter and provisions set out as a note under section 2991a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

Memorial to Individuals Forcibly Relocated to Kalaupapa Peninsula

Pub. L. 111–11, title VII, §7108, Mar. 30, 2009, 123 Stat. 1196, provided that:

"(a) In General.—The Secretary of the Interior shall authorize Ka 'Ohana O Kalaupapa, a non-profit organization consisting of patient residents at Kalaupapa National Historical Park, and their family members and friends, to establish a memorial at a suitable location or locations approved by the Secretary at Kalawao or Kalaupapa within the boundaries of Kalaupapa National Historical Park located on the island of Molokai, in the State of Hawaii, to honor and perpetuate the memory of those individuals who were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969.

"(b) Design.—

"(1) In general.—The memorial authorized by subsection (a) shall—

"(A) display in an appropriate manner the names of the first 5,000 individuals sent to the Kalaupapa Peninsula between 1866 and 1896, most of whom lived at Kalawao; and

"(B) display in an appropriate manner the names of the approximately 3,000 individuals who arrived at Kalaupapa in the second part of its history, when most of the community was concentrated on the Kalaupapa side of the peninsula.

"(2) Approval.—The location, size, design, and inscriptions of the memorial authorized by subsection (a) shall be subject to the approval of the Secretary of the Interior.

"(c) Funding.—Ka 'Ohana O Kalaupapa, a nonprofit organization, shall be solely responsible for acceptance of contributions for and payment of the expenses associated with the establishment of the memorial."

¹ See References in Text note below.

§410jj–5. Special needs of leprosy patients residing in Kalaupapa settlement; specific provisions

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 the 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.

(Pub. L. 96–565, title I, §106, Dec. 22, 1980, 94 Stat. 3323.)

§410jj–6. Additional needs of leprosy patients and Native Hawaiians for employment and training; specific provisions

The following provisions are made with respect to additional needs of the leprosy patients and Native Hawaiians for employment and training. (The term "Native Hawaiian" as used in this subchapter, 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).

(Pub. L. 96–565, title I, §107, Dec. 22, 1980, 94 Stat. 3323.)

§410jj–7. Advisory Commission

(a) Establishment; membership

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) Chairman; vacancies

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) Compensation; expenses

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 under this Act on vouchers signed by the Chairman.

(d) Functions

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) Termination

The Commission shall expire on the date that is 45 years after December 22, 1980.

(Pub. L. 96–565, title I, §108, Dec. 22, 1980, 94 Stat. 3323; Pub. L. 109–54, title I, §128, Aug. 2, 2005, 119 Stat. 525.)

References in Text

This Act, referred to in subsec. (c), is Pub. L. 96–565, Dec. 22, 1980, 94 Stat. 3321, as amended, which enacted this subchapter and provisions set out as a note under section 2991a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

Amendments

2005—Subsec. (e). Pub. L. 109–54 substituted "on the date that is 45 years after" for "twenty-five years from".

§410jj–8. Reevaluation of management, etc., policies

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.

(Pub. L. 96–565, title I, §109, Dec. 22, 1980, 94 Stat. 3324.)

§410jj–9. Authorization of appropriations

Effective October 1, 1981, there are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter but not to exceed $2,500,000 for acquisition of lands and interests in lands and $1,000,000 for development.

(Pub. L. 96–565, title I, §110, Dec. 22, 1980, 94 Stat. 3324.)

 

General Management Plan

The Kalaupapa NHP General Management Plan provides broad guidance for the management of the park. It will navigate the NPS and its many partners in the protection of the Hansen’s disease community at Kalaupapa and its legacy. With mālama i ka 'āina (care for the land and waters) at its core, the plan provides direction for the preservation of Kalaupapa’s cherished resources and future visitation over the next 15 years and beyond.

The Finding of No Significant Impact (FONSI) approving the Kalaupapa National Historical Park General Management Plan and Environmental Assessment (GMP/EA) was signed on August 10, 2021.