[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.

                          ____________________