16 U.S.C. § 410jj–7: Advisory Commission

Summary

Creates an advisory commission for Kalaupapa with 11 members appointed by the Secretary for five-year terms: seven must be current or former patients elected by patients; four are chosen from Governor of Hawaii recommendations, with at least one Native Hawaiian. The Secretary names the chair; vacancies are filled the same way. Members are unpaid, but the Secretary may pay reasonable expenses if the chair approves. The Secretary must consult commission about park development, operation, and training. Visitor limits set by the commission are binding if based on a referendum of all patients on the official Kalaupapa Registry. The commission ends on December 22, 2025.

Title 16, §410jj–7

Conservation, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (c), 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.

Amendments

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

§410jj–7 Advisory Commission