[House Report 104-528]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-528
_______________________________________________________________________


 
     OAHU NATIONAL WILDLIFE REFUGE COMPLEX, WAIHEE MARSH INCLUSION

                                _______


 April 22, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1772]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred 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, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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) Management 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1772 is to authorize the Secretary of 
the Interior to acquire certain interests in the Waihee Marsh 
for inclusion in the Oahu National Wildlife Refuge complex.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Waihee Marsh is a natural, lowland, palustrine wetland 
located in the Kahaluu on the windward (northeast) coast of the 
Island of Oahu, Hawaii. This approximately 36-acre wetland was 
identified in a 1993 revised Hawaiian Waterbirds Recovery Plan 
of the U.S. Fish and Wildlife Service (FWS) as essential 
habitat for the recovery of endangered waterbirds. In 1990, FWS 
identified Waihee wetland as a priority wetland acquisition 
site in its Regional Wetlands Concept Plan: Emergency Wetlands 
Resource Act. FWS has also described Waihee Marsh as an area 
for which the Federal Government has the lead in pursuing 
habitat protection.
    Waihee Marsh lies at the base of the Koolau mountain range, 
surrounded by rural residential areas and small agricultural 
lots. The wetland is naturally perennially flooded, primarily 
fed by Haiamoa Stream and groundwater. Water in the wetland was 
surveyed at 10 to 15 centimeters (four to six inches) deep in a 
1977 survey which also noted a layer of mud and organic ooze. 
The wetland is surrounded by embankments that protect man-made 
developments surrounding the wetland.
    In general, Hawaii's coastal wetland habitat declined 31 
percent between 1880 and 1980, leaving only 15,474 acres of 
wetland, according to a June 1990 preliminary project proposal 
for FWS' Hawaiian Waterbirds Acquisition Program. The loss of 
wetlands in the Kaneohe Bay area, including the Waihee Marsh, 
was 80 to 90 percent.
    FWS found the remaining acres of wetlands in Hawaii to be 
home to four endangered Hawaiian waterbirds, 35 migratory 
waterfowl, and 40 migratory shorebirds. Lowland, palustrine 
marshes, montane streams, cultivated wetlands and shallow 
margins of anchialine ponds, mud flats, and related estuarine 
wetlands comprised the most important habitat for bird species. 
The wetlands also provide protection for estuarine and marine 
fishery resources.
    Preservation of this small palustrine wetland is necessary 
to protect essential habitat for several endangered and 
threatened species including the Hawaiian coot, Hawaiian duck, 
Hawaiian moorhen, Hawaiian stilt, and other native birds such 
as the black-crowned night heron, the Pacific golden plover, 
and migratory waterfowl. These birds are found primarily in the 
interior portion of Waihee Marsh, which is subject to prolonged 
ponding during the rainy season. Outer sections of the wetland 
are overgrown with introduced vegetation, serving as a buffer 
for the inner wetlands.
    The wetland also captures and retains stormwater runoff 
that preserves coral communities and water quality of the 
adjacent Kaneohe Bay. Waihee Marsh offers flood control 
protection for the nearby Waihee and Kaalaea areas.
    Acquisition and inclusion into the Oahu National Wildlife 
Refuge complex is recommended for these reasons, especially 
because the wetland is near a fairly busy highway and adjacent 
to growing communities. An office would not be needed on site, 
as maintenance and management staff would travel to the Refuge 
on a rotating basis.

                            COMMITTEE ACTION

    H.R. 1772 was introduced on June 7, 1995, by Congresswoman 
Patsy T. Mink. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries, Wildlife and Oceans.
    On December 14, 1995, the Subcommittee held a hearing on 
H.R. 1772. Congresswoman Patsy T. Mink and Dr. Robert P. 
Davison, Deputy Assistant Secretary for Fish and Wildlife and 
Parks, U.S. Fish and Wildlife Service, Department of the 
Interior, testified in support of the bill.
    On March 14, 1996, the Subcommittee on Fisheries, Wildlife 
and Oceans met to mark up H.R. 1772. At that time, Chairman Jim 
Saxton offered an amendment that would allow the Secretary of 
the Interior to acquire the entire 36-acre Waihee Marsh, not 
just the portion originally authorized by the bill. This 
amendment was adopted by voice vote. The bill, as amended, was 
then approved by voice vote and ordered favorably reported to 
the Full Committee.
    On March 28, 1996, the Full Resources Committee met to 
consider H.R. 1772. There were no further amendments and the 
Committee ordered the bill favorably reported to the House of 
Representatives by voice vote, in the presence of a quorum.

                      SECTION-BY-SECTION ANALYSIS

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, consisting of 
approximately 36 acres along both sides of Kamehameha Highway.
    (b) Management of Acquired Interests.--Lands and interests 
acquired by the United States shall be managed by the Secretary 
of the Interior as part of the Oahu National Wildlife Refuge 
Complex.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of Rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     INFLATIONARY IMPACT STATEMENT

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1772 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1772. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1772 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1772.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1772 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 19, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1772, a bill 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 
ordered reported by the House Committee on Resources on March 
28, 1996. Assuming appropriation of the necessary amounts, CBO 
estimates that implementing this legislation would cost the 
federal government between $2.5 million and $3 million over the 
next two or three years. In subsequent years, ongoing costs 
would range from about $100,000 to $150,000 annually. H.R. 1772 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
    H.R. 1772 would authorize the Secretary of the Interior to 
acquire the Waihee Marsh. The Waihee site, which comprises 36 
acres or more on the eastern side of Oahu, would become part of 
the Oahu National Refuge Complex. CBO estimates that the U.S. 
Fish and Wildlife Service (USFWS) would spend between $1.5 
million and $2 million to acquire property at the marsh site. 
Expenditures would depend on how many acres are purchased and 
on their appraised value. We estimate that the agency would 
spend an additional $1 million to restore the marsh and 
construct facilities such as fences and viewing platforms. Once 
these activities have been completed, the agency would spend 
between $100,000 and $150,000 annually to administer the site 
and make payments to local governments under the Refuge Revenue 
Sharing Act.
    For purposes of this estimate, CBO has assumed that H.R. 
1772 will be enacted during fiscal year 1996 and that the 
entire amounts estimated are appropriated as needed. Estimated 
costs are based on information provided by the USFWS.
    H.R. 1772 contains no intergovernmental or private sector 
mandates as defined in Public Law 104-4, and would impose no 
direct costs on state, local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 1772 contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 1772 would make no changes in existing 
law.

                          DEPARTMENTAL REPORTS

    The Committee has received no departmental reports on H.R. 
1772.

                                
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