[Congressional Record (Bound Edition), Volume 150 (2004), Part 12]
[House]
[Pages 16129-16130]
[From the U.S. Government Publishing Office, www.gpo.gov]




      KILAUEA POINT NATIONAL WILDLIFE REFUGE EXPANSION ACT OF 2004

  Mr. HAYWORTH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2619) to provide for the expansion of Kilauea Point National 
Wildlife Refuge, as amended.
  The Clerk read as follows:

                               H.R. 2619

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Kilauea Point National 
     Wildlife Refuge Expansion Act of 2004'' .

     SEC. 2. EXPANSION OF KILAUEA POINT NATIONAL WILDLIFE REFUGE.

       (a) In General.--The Secretary of the Interior may acquire 
     by donation, purchase with donated or appropriated funds, or 
     exchange, all or a portion of the land or interests in land 
     described in subsection (b), as depicted on a map on file 
     with the United States Fish and Wildlife Service entitled 
     ``Kilauea Point Wildlife Refuge Expansion Area'' and dated 
     April 22, 2004.
       (b) Description of Land.--The land referred to in 
     subsection (a) is the following:
       (1) Parcel 1, consisting of approximately 12 acres known as 
     the Kilauea Bay property.
       (2) Parcel 2, consisting of approximately 40 acres known as 
     the Kilauea Vistas property.
       (3) Parcel 3, consisting of approximately 162 acres known 
     as the Kilauea Falls Ranch.
       (4) Parcel 4, consisting of approximately 5 acres known as 
     the Kauai Public Land Trust Kahili Beach property.
       (5) Parcel 5, comprised of lot 10c of the parcel known as 
     Kilauea Garden Farms, and consisting of approximately 15 
     acres.
       (c) Boundary Revisions.--The Secretary may make such minor 
     revisions in the boundaries of any of the parcels described 
     in subsection (b) as may be appropriate to facilitate the 
     acquisition of land or interests under subsection (a).
       (d) Inclusion in Refuge.--Land and interests acquired under 
     this section shall become part of the Kilauea Point National 
     Wildlife Refuge.
       (e) Manner of Acquisition.--All acquisitions of land or 
     waters under this Act shall be made in a voluntary manner and 
     shall not be the result of forced takings.
       (f) Additional Purposes.--In addition to the purposes of 
     the Refuge under other laws, regulations, Executive orders, 
     and comprehensive conservation plans, the Refuge shall be 
     managed for--
       (1) the protection and recovery of endangered Hawaiian 
     water birds and other endangered birds, including the Nene 
     (Hawaiian goose); and
       (2) the conservation and management of native coastal 
     strand, riparian, and aquatic biological diversity.
       (g) Priority General Public Uses.--Nothing in this Act 
     shall be considered to affect any policy or requirement, 
     under paragraph (3) or (4), respectively, of section 4(a) of 
     the National Wildlife Refuge Administration Act of 1966 (16 
     U.S.C. 668dd(a)), to treat compatible wildlife-dependent 
     recreational uses as priority general public uses of the 
     Refuge.

     SEC. 3. ADMINISTRATION.

       (a) In general.--The Secretary shall administer all 
     federally owned land, water, and interests in land and water 
     that are located within the boundaries of the Kilauea Point 
     National Wildlife Refuge in accordance with--
       (1) the National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.); and
       (2) this Act.
       (b) Additional authority.--The Secretary may, in the 
     administration of the Kilauea Point National Wildlife Refuge, 
     use such additional statutory authority available to the 
     Secretary for the conservation of fish and wildlife, and the 
     provision of opportunities for fish- and wildlife-dependent 
     recreation, as the Secretary determines to be appropriate to 
     carry out this Act.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary--
       (1) to acquire land and water within the Refuge under 
     section 2(a); and
       (2) to develop, operate, and maintain the Refuge.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Hayworth) and the gentlewoman from Guam (Ms. Bordallo) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Hayworth).


                             General Leave

  Mr. HAYWORTH. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill introduced by the gentleman from Hawaii (Mr. 
Case), would allow the Fish and Wildlife Service to acquire up to 234 
acres of land from private landowners who have expressed an interest in 
selling or donating their property for inclusion in the refuge.
  The Kilauea Point Refuge was established in 1984. The centerpiece of 
this unit is a 90-year-old lighthouse which served as a navigational 
aid for thousands of commercial vessels and boats that sailed between 
Hawaii and Asia. The Coast Guard has now deactivated the lighthouse, 
but it has been placed on the National Register of Historic Places.
  This refuge provides essential habitat to a number of listed plant, 
avian and wildlife species, including the Hawaiian monk seal and the 
official State bird, which is called the nene. It is estimated that 
more than 400,000 people annually visit this beautiful refuge on the 
island of Kauai; and this expansion will assist in the recovery of 
these listed species, conserve native coastal strand and riparian 
habitat, and help ensure aquatic biological diversity in the future.
  During the committee process, an amendment in the nature of a 
substitute was successfully offered that clarified that the owners of 
this property may donate their land if they so desire, all acquisitions 
shall be made in a voluntary manner, and wildlife-dependent recreation 
will be a priority use when compatible with the purposes of the refuge. 
This is a good piece of legislation, and I urge an ``aye'' vote on H.R. 
2619.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I appreciate the adequate description of the legislation 
provided by the gentleman from Arizona (Mr. Hayworth).
  To briefly reiterate, H.R. 2619 would virtually double the size of 
the existing Kilauea Point National Wildlife Refuge on the Hawaiian 
island of Kauai.
  The purpose of this 219-acre expansion would be to protect the scarce 
and threatened habitats for several endangered species of Hawaiian 
wildlife. This noncontroversial legislation is strongly supported by 
the State of Hawaii, the mayor of Kauai, the Kauai County Council, and 
the citizens of the Kilauea.
  That this expansion will be executed entirely through willing seller 
purchases is testament to the tireless consensus-building which has 
been accomplished by the gentleman from Hawaii (Mr. Case). Both the 
Committee on Resources ranking member, the gentleman from West Virginia 
(Mr. Rahall), and I commend the gentleman from Hawaii for his efforts 
to protect special areas of the Hawaiian environment. I urge Members to 
support this legislation.
  Mr. CASE, Mr. Speaker, I rise today in support of H.R. 2619, my 
Kilauea Point National Wildlife Expansion Act. This bill authorizes the 
addition of 234 invaluable acres to the Refuge, a national treasure, 
currently home to a variety of endangered and threatened seabirds as 
well as Hawai`i's endangered state bird, the nene (Hawaiian Goose).
  This bill is a vital component of one of my principal goals in 
Congress: to ensure that federal and/or state or private protection is 
extended to as many of Hawai`i's threatened and irreplaceable areas as 
possible, both to ensure the survival and recovery of Hawai`i's unique 
endangered and threatened species and to preserve the dwindling 
unspoiled resources of our beautiful islands for future generations.
  The Kilauea National Wildlife Refuge, located at the northernmost tip 
of Kaua`i, was established in 1985. The initial acreage of 31 acres was 
increased to 203 acres through additional acquisitions in 1993 and 
1994. The refuge provides invaluable habitat for many native seabirds, 
including the Laysan Albatross, the Red-footed Booby, and the Wedge-
tailed Shearwater, as well as for the endangered nene. Endangered 
native plants have

[[Page 16130]]

also been reintroduced to the area. The Refuge and its historic 
lighthouse have become one of Hawai`i's world-class tourist 
destinations, visited by some 300,000 visitors each year. It is one of 
the most heavily visited refuges in the United States.
  The proposed expansion area comprises five parcels of some 234 acres 
adjoining the boundary of the Refuge on both the east and west sides. 
The Kilauea River runs through a portion of the land, which also 
includes an extensive lo'i (irrigated terrace for traditional 
cultivation of taro, the staple crop of Native Hawaiians) which could 
be restored to support endangered Hawaiian water birds, including the 
Hawaiian duck (Koloa), Hawaiian coot (`Alae `ke`oke`o), Hawaiian stilt 
(Ae`o), and Hawaiian moorhen (`Alae `ula). There is also a high quality 
estuarine ecosystem at the lower reaches of the river, which includes 
habitat for endangered birds as well as native stream life, such as the 
hihiwai (an endemic snail), o`opu (native goby), the native sleeper 
fish, flagtail, mullet, prawn, shrimp, invertebrates and juveniles of 
several important recreational and commercial marine fish species. The 
proposed addition also provides excellent additional habitat for the 
nene, which was only recently saved from extinction. The beach is also 
sometimes used by endangered Hawaiian monk seals, and threatened and 
endangered sea turtles nest in the area.
  The upper end of the proposed expansion area contains one of the 
largest waterfalls (Kilauea Falls) in the state of Hawai`i.
  One of the parcels, 5 acres of valuable beachfront property, was 
donated after introduction of the bill by a private owner to the Kauai 
Public Land Trust for eventual transfer to the Fish & Wildlife Service. 
The owner of another 15-acre parcel has expressed his desire to donate 
it to the Refuge. The other parcels are on the market, although their 
owners are amenable to acquisition by the Refuge.
  The Kilauea community strongly supports the Refuge. In fact, the 
Kilauea Point National Wildlife Refuge is a model for management of 
other federal refuges nationwide. The operations of the Refuge are 
supported by community volunteers, who give daily tours of the Refuge 
and help in the preservation and propagation of native plant species. 
The principal volunteer group, Kilauea Point Natural History 
Association, even has a small store in the Visitor Center, the proceeds 
of which support environmental education programs throughout Kaua`i.
  H.R. 2619 is supported by Kaua`i's Mayor Bryan Baptiste, State 
Senator Gary L. Hooser, State Representatives Hermina M. Morita and 
Ezra Kanoho, the Kaua`i County Council, the State Department of Land 
and Natural Resources, the Kilauea Neighborhood Association, the Kaua`i 
Public Land Trust, the Kilauea Point Natural History Association, and 
the Hawai`i Chapter of the Sierra Club. I want to take a moment to 
thank some of the individuals in Kaua`i whose dedication and commitment 
to the Refuge and the endangered species it protects inspired 
development of this bill: Gary Smith, Gary and Beryl Blaich, Susan 
Boynton, Janis Lyon, and Katie Pickett.
  I also want to take this opportunity to thank Resources Subcommittee 
on Fisheries Conservation, Oceans and Wildlife Chair Wayne Gilchrest 
and Ranking Member Frank Pallone for moving this bill through their 
subcommittee, as well as Committee Chair Richard Pombo and Ranking Nick 
Rahall for helping to bring the bill to the floor today. I would also 
like to recognize the work of Committee and Subcommittee staff, in 
particular Dave Jansen and Jim Zoia on the minority staff and Harry 
Burroughs, Dave Whaley, Mike Correia, and Steve Ding on the majority 
staff.
  I respectfully ask my colleagues to support H.R. 2619 and invite you 
to come to the Island of Kaua`i to visit our Refuge. I know that if you 
did so, you would be as convinced as I am of the importance of 
protecting these previous lands.
  Ms. BORDALLO. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. HAYWORTH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Hayworth) that the House suspend the rules 
and pass the bill, H.R. 2619, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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