[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR763.5]

[Page 469-470]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 763_RULES GOVERNING PUBLIC ACCESS--Table of Contents
 
        Subpart A_Entry Regulations for Kaho'olawe Island, Hawaii
 
Sec. 763.5  Entry procedures.

    (a) It is the policy of the Commander Naval Base to authorize, in 
accordance with the spirit of the American Indian Religious Freedom Act 
(1978), reasonable access to Kaho'olawe Island during periods when it is 
not used for military training. However, because there are bombs and 
other explosives on and under the surface and in the waters of the 
island, and because there are significant archaeological resources 
thereon (in 1981, the island was placed on the National Register of 
Historical Places as an Archaeological District), Navy representatives 
accompany each island visitation to safeguard both the vistitor(s) and 
the island's archaeological resources. In this regard, in order to 
ensure the safety of visitors to the island and its archaeological 
resources, persons and organizations wishing access to Kaho'olawe Island 
must comply with the following appropriate procedures: Civilians (except 
authorized U.S. and State representatives) must:
    (1) Request, in writing, access authorization from Commander Naval 
Base (Code 01K), Pearl Harbor, Hawaii 96860, at least 15 days prior to 
the access requested, providing therein confirmed access plans 
(including the exact number of visitors, time, and location of access, 
designation of person in charge, and any other pertinent information); 
and
    (2) Submit to Commander Naval Base (at the aforementioned address) 
properly endorsed Standard Liability Release Form (obtainable from 
Commander Naval Base), for each access participant, at least five (5) 
days prior to the requested access.
    (b) In evaluating each request, the factors just enumerated will be 
weighed against training commitments, safety requirements, specical 
projects, and the amount and cost of military supervision necessitated 
by a granting of the request. Requests for entry will be considered on 
an individual basis. If a request is granted, the permission to enter 
Kaho'olawe Island authorizes one visit only, and shall not be construed 
as authorization for more than one entry unless the authorization itself 
specifically states otherwise. Moreover, entry pursuant to advance 
consent, which is not in accordance with the terms and conditions 
permitted by Commander Naval Base, shall be deemed a violation of this 
subpart.
    (c) For safety reasons, it is not Commander Naval Base policy to 
permit children below the age of 15 access to Kaho'olawe Island.
    (d) The following safety regulations are applicable to visitors to 
Kaho'olawe Island:
    (1) All visitors to the island are required to execute and submit a 
waiver of government liability form to a designated Navy representative 
prior to arrival at the island.
    (2) Visitors to the island will be escorted by Navy designated 
Explosive Ordnance Disposal (EOD) technicians to ensure that they stay 
on cleared

[[Page 470]]

paths, avoid impact areas, and do not touch high explosives. For visitor 
safety, the directions of the military escorts must be followed.
    (3) No person will interfere with any EOD escort in the performance 
of his duties.
    (4) Any actual or suspected ordnance found by a visitor shall be 
reported to the Special Assistant for Kaho'olawe as soon as possible. If 
he is not in the vicinity, a description and location of the ordnance 
should be provided to the nearest EOD technician. Everyone, other than 
EOD personnel, shall remain clear of any ordnance found.
    (5) Only the qualified EOD technicians shall touch, examine, remove, 
attempt to remove, handle either directly or indirectly, or detonate any 
ordnance, whether found on the surface, beneath the surface or in the 
waters surrounding Kaho'olawe.
    (6) Any proposed hike and procession route shall be provided to the 
Special Assistant for Kaho'olawe (or his designated representative) for 
approval and escort coordination at least twenty-four hours in advance 
of the planned event. Deviation from approved routes will not be 
allowed. Proposed campsites for overnight hikes shall be similarly 
provided to, and approved by, the Special Assistant for Kaho'olawe or 
his designated representative.
    (7) No person shall move about the island after sunset unless a 
bonafide emergency situation arises. The senior Naval officer present 
shall be immediately notified in case of such emergency.
    (8) No person shall commit any offense proscribed by either Federal 
law or the State of Hawaii Penal Code, as incorporated under the Federal 
Assimilative Crimes Act, while on the island of Kaho'olawe. Any 
individual who violates any provisions of these penal codes may be 
prosecuted by the Federal Government and/or barred from any future 
access to Kaho'olawe.
    (9) No person shall deface, alter, remove, spoil, or destroy any 
archeological object, feature, or site on the island.
    (10) Children shall remain with their parents at all times while on 
the island.
    (11) Visitors are responsible for removing their own trash from the 
island.
    (12) Individuals failing to abide by these safety guidelines will be 
precluded from future visitations.

[47 FR 27553, June 25, 1982, as amended at 52 FR 20074, May 29, 1987; 52 
FR 45455, Nov. 30, 1987]