[Congressional Record Volume 142, Number 53 (Tuesday, April 23, 1996)]
[House]
[Pages H3689-H3691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WAIHEE MARSH INCLUSION IN OAHU NATIONAL WILDLIFE REFUGE COMPLEX
Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1772) to authorize the Secretary of the Interior to acquire
certain interests in the Waihee Marsh for inclusion in the Oahu
National Wildlife Refuge Complex, as amended.
The Clerk read as follows:
H.R. 1772
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO ACQUIRE INTERESTS FOR INCLUSION IN
THE OAHU NATIONAL WILDLIFE REFUGE COMPLEX.
(a) Authority To Acquire.--The Secretary of the Interior
may acquire, for inclusion in the Oahu National Wildlife
Refuge Complex, the area known as the Waihee Marsh, located
on the northeast coast of the Island of Oahu, Hawaii,
consisting of approximately 36 acres (as determined by the
Secretary) along both sides of Kamehameha Highway.
(b) Managment of Acquired Interests.--Lands and interests
acquired by the United States under this section shall be
managed by the Secretary of the Interior as part of the Oahu
National Wildlife Refuge Complex.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey [Mr. Saxton] and the gentleman from Massachusetts [Mr. Studds]
will each be recognized for 20 minutes.
The Chair recognizes the gentleman from New Jersey [Mr. Saxton].
[[Page H3690]]
(Mr. SAXTON asked and was given permission to revise and extend his
remarks.)
Mr. SAXTON. Mr. Speaker, thank you for the opportunity to speak about
H.R. 1772, the Oahu National Wildlife Refuge Complex Act, introduced by
Congresswoman Patsy Mink. H.R. 1772 would facilitate an agreement to
allow the Secretary of the Interior to add 36 acres of wetlands to the
Oahu National Wildlife Refuge Complex.
These wetlands are home to several threatened and endangered species
including the Hawaiian stilt, Hawaiian coot, and Hawaiian duck. The
wetlands also capture and retain stormwater runoff.
This bill provides protection for the fragile Hawaiian ecosystem and
I urge all Members to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
This bill, as the gentleman said, is both without controversy and
with merit, which is something we should see around here more often.
Mr. Speaker, I am delighted to yield such time as she may consume to
its author, the gentlewoman from Hawaii [Mrs. Mink].
Mrs. MINK of Hawaii. Mr. Speaker, I thank the gentleman for
recognizing my presence here today and acknowledging my great State of
Hawaii. I want to thank both gentlemen from Massachusetts for according
me the opportunity to speak today in support of a very important bill.
It is connected with the whole concept of preserving our environment,
and particularly our coastal areas. This bill is a very important
component in Hawaii's battle against the endangered species crisis, and
I think most people in the House recognize that Hawaii represents the
State with the most endangered and threatened species. So it is not
simply a matter of pleasure in having this one bill reported today, but
the recognition of the total devastation of our unique species that
really is in the forefront today through the passage of this bill.
The decline in the critical habitat in my State has escalated over
the last 100 years, during massive development and other kinds of
activity. So currently we have 222 endangered and threatened species,
birds, mammals, plants, and so forth, which represent 23.2 percent of
the total national list of all endangered species. So I think that
gives Members an idea that this small place on this Earth has suffered
this tragedy of the loss of so many unique species.
Today, through the passage of this bill, we hope that one small
acreage of only 36 acres in an important area of the Island of Oahu can
be preserved and set aside as a wetland for a number of important
reasons.
The status of our wetland ecosystems in Hawaii has also degraded to a
point where it has declined by 30 percent in the last 100 years or so,
leaving only 15,000 acres of wetland. So the Fish and Wildlife Service
has become very concerned about this loss, and although 36 acres is not
very much, when we realize that the Fish and Wildlife has only 2,000
acres under its management, we understand how the addition of 36 acres
is very important.
The Waihee Marsh wetlands is split already by a major highway that
cuts both the ocean fronting portion together with the lands that are
inland, and this of course makes it very difficult for preservation.
Urban development around the area also has threatened to dispose of
this very important wetlands. So this intervention of this bill today
and allowing the Secretary of the Interior to establish this unit of 36
acres, together with the existing Oahu National Wildlife Refuge System,
is a very important step and we hope that the Secretary of Interior
will see fit to do so.
The Fish and Wildlife has long recommended this acquisition. The
lands under question are now owned by a private individual, a Florida
developer, who has indicated his willingness to sell the property if it
is possible for him to obtain like properties in the same vicinity. He
alleges that he has intended to be a good neighbor and to be in
agriculture.
So the Trust for Public Land that has been an important entity in the
State in helping the Federal, State, and local governments to acquire
important properties has written a letter, which, Mr. Speaker, I will
insert at the end of my statement.
The Trust for Public Land has indicated that they are interested in
acquiring the parcel expeditiously and perhaps after doing so to make a
contribution of the parcels to the Federal Government. That is to be
worked out later. But the interest of the public trust is very
important and with their rapid all cash acquisition of the properties
promised, we feel that this valuable asset is ready for inclusion into
the wildlife system.
So I am very much encouraged by this bill coming to the floor today
and, with the support of the Members of this body, we hope that this
acquisition will be made possible. It is an important wetland not only
for the purposes of the endangered species, but it is in fact the
drainage system for the whole area and, through the wetlands, is sort
of a sponge for the sediments and other kinds of floodwaters going
through this particular valley. It happens to preserve the quality of
Kane'ohe Bay, which is adjoining and a very important asset for all of
us.
So with the enactment of this bill, Mr. Speaker, the conservation of
this marsh will be applauded by all segments of my community and all
government agencies and all political and social, environmental
interests. So I commend the committee for giving this House the
opportunity to pass this bill and hope that the Members will give it a
unanimous accord.
I would like to thank Chairman Don Young and Ranking Member George
Miller of the Resources Committee, as well as Chair Jim Saxton and
Ranking Member Gerry Studds of the Subcommittee on Fisheries Wildlife
and Oceans for moving forward my bill H.R. 1772 which is before us
today.
My bill, H.R. 1772, represents an important component in Hawaii's
battle against its current endangered species crisis. H.R. 1772 aims to
preserve the 36-acre Waihee Marsh wetland in Kahaluu, on the Island of
Oahu, which the Department of Interior has testified provides habitat
to endangered and threatened species including the Hawaiian Stilt,
Hawaiian coot, Hawaiian duck, and several migratory birds.
A decline in critical habitat in the State of Hawaii due to escalated
development and agricultural activity has led to the listing of 222
endangered and threatened bird, mammal, plant and snail species, 23.2
percent of the national total of 956 listed species. This is despite
the fact that Hawaii represents a mere 0.2 percent of the United States
in land area. The biggest tragedy is that many species native to the
Hawaiian Islands are unique in the world and can never be found
anywhere else once populations in Hawaii become extinct.
The last hundred years of human activity in Hawaii has resulted in
deterioration of all major ecosystems, according to the Hawaii Heritage
Program. Land development and the introduction or the intrusion of non-
native vegetation has forced most native ecosystems up into the
mountain ranges away from the coastal areas--also from the Waihee Marsh
on the northeastern windward coast.
The status of Hawaii's wetland ecosystems in particular is grim, as
my State's coastal wetland habitat declined 31 percent between 1880 and
1980, leaving only 15,474 acres of wetland, according to the U.S. Fish
& Wildlife Service [FWS] in 1990; the wetlands loss in the areas
surrounding Waihee Marsh was between 80 and 90 percent. Only 2,000 of
the remaining 15,474 areas are currently managed by FWS.
The Waihee Marsh wetland to be protected by H.R. 1772 was split apart
by a major highway. The wetland was further threatened in previous
years as the subject of several urban development proposals
successfully blocked by the Kahaluu Neighborhood Board No. 29, which
strongly supports retention of the area's rural character and Federal
acquisition.
The U.S. Fish & Wildlife Service identified Waihee Marsh in its 1993
revised Hawaiian Waterbirds Recovery Plan as essential habitat for the
recovery of endangered waterbirds. FWS in 1990 identified Waihee Marsh
as a priority wetland acquisition site in its Regional Wetlands Concept
Plan: Emergency Wetlands Resource Act. FWS reiterated the wetland's
significance in its December 15, 1994 Report on the Potential
Rehabilitation and Management of the Waihee Wetland.
On July 13, 1994, the Honolulu City Council unanimously passed a
resolution requesting action by Hawaii's Congressional Delegation to
provide for the acquisition of the Waihee Marsh.
On November 18, 1994, a major parcel of Waihee Marsh was sold to a
Florida developer who sought to divide the wetland once again by
building an access road directly through the middle of the wetland;
however, efforts by State and county government convinced the
[[Page H3691]]
landowner to build the road at the parcel's border.
Approached by the Trust for Public Land [TPL] in August, 1995, the
landowner expressed interest in selling the parcel, should another
parcel of comparable value be made available. TPL this month wrote to
the landowner to express willingness to work toward a rapid, all-cash
acquisition of the property to preserve the land's valuable natural
resources.
Clearly, the range of efforts to conserve Waihee Marsh are wide in
scope.
My bill seeks to allow the Secretary of the Interior to acquire and
add the Waihee Marsh to the existing Oahu Natural Wildlife Refuge
Complex managed out of Haleiwa on Oahu. Establishment of a new on-site
management office would not be necessary because Haleiwa staff would
visit the wetland on a rotating basis, along with the Pearl Harbor and
James Campbell National Wildlife Refuges on Oahu and the Kakahaia
National Wildlife Refugee on the Island of Molokai.
This palustrine wetland contains bird habitat mainly in its interior,
which is subject to prolonged ponding during rainy seasons and
overgrown at the edges with introduced vegetation that serves as a
buffer for the inner wetlands. Waihee Marsh is also framed by
embankments to protect the wetland from surrounding man-made
developments.
In addition to having conservation value, the wetland provides flood
control for nearby areas of Waihee and Kaalaea. It also captures and
retains stormwater runoff to preserve coral ecosystems and water
quality of the adjacent Kaneohe Bay.
Passage of my bill will allow FWS to fulfill several management
priorities it has recognized, which would restore and maintain Waihee
Marsh as a healthy, naturally-functioning wetland: First, dredging of
sediments to improve water quality and recreate suitable waterbird
habitat, second, predator control to humanely trap cats, mongooses and
rats; prevent entry of dogs by fences, and prevent predator access to
nesting sites, third, removal of introduced plant species which have
overgrown parts of the wetland, and fourth, general habitat improvement
to create and maintain a mosaic of waterbird habitats such as shallow
mudflats, deeper open water areas, dense vegetative areas and other
natural wetland features.
FWS has also found possibilities of educational benefits through
establishment of outlooks along the adjacent Kamehameha Highway and
student field-trips. Because Waihee Marsh was once farmed by Native
Hawaiians, the analysis of archaeological and cultural sites would
contribute to the study of Hawaii's indigenous people.
I strongly urge the enactment of H.R. 1772. Conservation of Waihee
Marsh has unanimous support from the community, Federal, State, and
local government, and environmental interests, and would play an
important role in Hawaii's efforts to combat its endangered species
crisis.
The Trust for Public Land,
San Francisco, CA, April 22, 1996.
Hon. Patsy Mink,
Rayburn House Office Building, Washington, DC.
Dear Congresswoman Mink: I am writing to commend you on
your efforts through H.R. 1772 to secure the protection of
the important wetland habitat of Waihee Marsh on Oahu.
As you know well, the 36-acre Waihee Marsh area contains
some of the last remaining unprotected habitat for the
federally listed Hawaiian moorhen and provides critical
feeding grounds and nesting cover for a wide diversity of
other migratory and residential species. Additionally, the
marsh, which is subject to periodic flooding, also provides
essential filtration of waters flowing to the coral reefs and
estuarine areas of nearby Kane'ohe Bay. Public management of
this property therefore would not only preserve and enhance
the resources of the marsh itself, but will also contribute
substantially to the restoration of this larger ecosystem, a
major environmental goal towards which your recent work with
us (and the federal/state/local investment of over $6
million) to protect the 2.5 miles of Kane'ohe Bay shoreline
of the Marks Estate also plays a major role. With the
progress to date in this effort, and the current threat of
incompatible activity and development at Waihee Marsh, the
time is right for consideration of H.R. 1772.
As you also know, the Trust for Public Land is prepared to
take an active role, to the extent we can, in assisting in
the acquisition of these private lands if such assistance is
necessary. In any event, we appreciate the commitment and
leadership you have shown in this effort, and look forward to
the ultimate preservation of this vital wetland area.
Sincerely,
Alan Front,
Vice President.
Mr. STUDDS. Mr. Speaker, I second the remarks of the gentlewoman from
Hawaii, all of Hawaii except for Honolulu.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. SAXTON. Mr. Speaker, I want to congratulate the gentlewoman on
the fine job she has done in putting this bill together and in helping
us to bring it to the floor.
Mr. ABERCROMBIE. Mr. Speaker, I rise today to voice my strong support
for H.R. 1772, to authorize the Secretary of the Interior to acquire
certain interests in the Waihe'e Marsh for inclusion in the Oahu
National Wildlife Refuge, introduced by my colleague from Hawaii,
Representative Patsy Mink.
The Waihe'e Marsh, also called the Kahalu'u wetland, is located on
the windward side of Oahu. Acquisition of Waihe'e Marsh is vital to the
integrity of the Oahu National Wildlife Refuge [Refuge]. The purpose of
the refuge is to protect and manage a network of wetlands throughout
Oahu for the recovery of endangered waterbirds, migratory birds, and
other values of natural wetlands. Specifically, Waihe'e Marsh is
identified as a priority wetland site in the U.S. Fish and Wildlife
Service's regional wetlands concept plan: Emergency Wetlands Resource
Act [USFWS 1990]. Throughout Hawaii there has been a substantial
cumulative loss of wetlands.
I would like to point out to my colleagues in the House that the
natural environment of Hawaii is one of our planet's most significant
treasures. The islands are home to more unique species than any place
of similar size on the Earth. Yet, Hawaii has the most alarming
concentration of species teetering on the brink of extinction. While
Hawaii makes up only 0.2 percent of the land area we account for nearly
75 percent of the Nation's historically documented plant and bird
extinctions of the United States. Currently, more than one-fourth of
the 959 animals and plants on the U.S. endangered and threatened
species list come from Hawaii.
Under H.R. 1772 Waihe'e Marsh would be rehabilitated and managed for
the recovery and support of endangered Hawaiian waterbirds, such as the
endangered Hawaiian Stilt, Hawaiian coot, Hawaiian moorhen and Hawaiian
duck, which are all protected under the Endangered Species Act. Also,
wetlands in Hawaii provide habitat for several species of migratory
shorebirds and waterfowl which are protected under the Migratory Bird
Treaty Act.
I want to mention to my colleagues that the importance of Waihe'e
Marsh is not limited to plants and animals. This has been an issue that
has been worked from the grassroots. I commend all the hard work put in
by the local communities. The Waihe'e Marsh is important for the
surrounding communities because it naturally serves as a flood control
holding area and the vegetation contributes to the control of shoreline
erosion for nearby residential areas. Also, the marsh serves as a
filter to protect water quality and coral reef communities in Kaneohe
Bay.
Mr. Speaker, this is a worthwhile piece of legislation that deserves
the full support of all my colleagues.
Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of H.R. 1772,
introduced by our colleague from Hawaii, Patsy Mink, to add some 36
acres of wetlands to the Oahu National Wildlife Refuge complex.
It is my understanding that these wetlands are essential habitat for
a number of native Hawaiian birds and migratory waterfowl.
While the U.S. Fish and Wildlife Service has apparently been
interested in acquiring the entire Waihe'e Marsh wetlands for a number
of years, the purchase costs have been prohibitive.
This bill will simply tell the Secretary of the Interior that he may
obtain these lands for inclusion in the refuge without providing any
money to buy them.
While I intend to support H.R. 1772, I do so with the stipulation
that if these wetlands are purchased by the Federal Government, all
private property owners must be willing sellers and they must be fully
compensated for their land interests.
I urge an ``aye'' vote on H.R. 1772.
Mr. SAXTON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey [Mr. Saxton] that the House suspend the rules
and pass the bill, H.R. 1772, as amended.
The question was taken.
Mr. SAXTON. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________