[Senate Report 105-313]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 552
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-313
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         HAWAII VOLCANOES NATIONAL PARK ADJUSTMENT ACT OF 1998

                                _______
                                

 September 8 (legislative day, August 31), 1998.--Ordered to be printed

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  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2129]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2129) to eliminate restrictions on the 
acquisition of certain land contiguous to Hawaii Volcanoes 
National Park, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 2129 is to amend the enabling Act for 
Hawaii Volcanoes National Park to authorize the Secretary of 
the Interior to purchase approximately 1,950 acres of land for 
addition to the park. Currently, the National Park Service may 
only acquire the property by donation.

                          Background and Need

    Hawaii Volcanoes National Park was established in 1916. The 
park encompasses 230,000 acres and ranges in elevation from sea 
level to the summit of the earth's most massive volcano, Mauna 
Loa at 13,677 feet.
    The land west of Hawaii Volcanoes National Park has 
remained a largely undeveloped landscape of historical and 
ancient lava flows protecting pockets of endangered plant 
communities and archaeological sites and is held by a 
combination of state and private owners.
    In recent years this land has been proposed for extensive 
development ranging from geothermal power generation, a 
commercial satellite launching facility, light industry, resort 
development to a privately operated prison. The National Park 
Service is currently in a position to acquire a large portion 
of this undeveloped acreage. Hawaii Outdoor Tours Incorporated 
has indicated it is willing to sell 1,951 acres, which are 
identified in the park's Land Protection Plan, to the National 
Park Service.
    The 1,951 acres contain historic and prehistoric lava flows 
and related geological features including major lava tube 
systems of significant biological and cultural value. Over two 
miles of coastal environment are included with associated 
cultural sites, and marine resources. The land is located 
adjacent to the park's designated wilderness area, one of the 
most remote wilderness areas in the State of Hawaii. If 
acquired, the land would be managed as part of the wilderness 
area in Hawaii Volcanoes National Park. S. 2129 will allow the 
Secretary of the Interior to purchase this parcel of land with 
donated or appropriated funds.

                          Legislative History

    S. 2129 was introduced by Senators Akaka and Inouye on June 
2, 1998 and referred to the Committee on Energy and Natural 
Resources. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 2129 on July 
9, 1998.
    At its business meeting on July 29, 1998, the Committee on 
Energy and Natural Resources ordered S. 2129 favorably 
reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 29, 1998, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 2129, if 
amended as described herein.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as, the 
``Hawaii Volcanoes National Park Adjustment Act of 1998.''
    Section 2 amends Public Law 75-680 authorizing the 
Secretary of the Interior to purchase approximately 1,950 acres 
of private lands adjacent to Hawaii Volcanoes National Park 
with donated or appropriated funds.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 19, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2129, the Hawaii 
Volcanoes National Park Adjustment Act of 1998.
    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.

               congressional budget office cost estimate

S. 2129--Hawaii Volcanoes National Park Adjustment Act of 1998

    S. 2129 would authorize the National Park Service (NPS) to 
purchase about 1,950 acres of land adjacent to the Hawaii 
Volcanoes National Park. Under existing law, the NPS could 
purchase this property only with donated funds.
    Based on information provided by the NPS and local real 
estate experts (and assuming appropriation of the necessary 
amounts), CBO estimates that the government would pay between 
$3 million and $4 million for the authorized addition. The 
estimate is uncertain, however, because formal appraisals have 
not yet been undertaken. Once the property has been acquired, 
additional funds of less than $500,000 would be needed over the 
next several years for fencing and other one-time expenses.
    S. 2129 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. The bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Paul N. Van de Water, Assistant Director for Budget 
Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2129. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 2129, as ordered reported.

                        Executive Communications

    The testimony of the Department of the Interior at the 
Subcommittee hearing follows:

 Statement of William Shaddox, Acting Associate Director, Professional 
                    Services, National Park Service

    Thank you for the opportunity to present the position of 
the Department of the Interior on S. 2129, a bill to eliminate 
restrictions on the acquisition of certain land contiguous to 
Hawaii Volcanoes National Park, and for other purposes. The 
Department of the Interior supports this bill.
    The enabling legislation for Hawaii Volcanoes National Park 
allows the Secretary of the Interior to acquire lands 
contiguous to the park for the purpose of ``rounding out the 
park.'' The enabling legislation presently allows the Secretary 
to use only donated funds to acquire lands for this purpose. S. 
2129 would give the Secretary the authority to use appropriated 
funds to acquire a specific parcel of land that is contiguous 
to the southwest corner of the park.
    This parcel of land is approximately 1,950 acres, and 
contains significant natural and cultural resources. It is 
clearly defined by the prominent geographical feature of the 
``Great Crack'' to the west, and make up a logical continuation 
of the park's coastal and dry land environment. The land has 
been cited in several NPS planning documents as being worthy of 
inclusion into the park. The area has substantial archeological 
resources, including terraces, house sites, salt drying areas, 
shelters, wells, and lava tubes, that predate the arrival of 
Europeans to the Hawaiian Islands. It is also an area of 
substantial seismic and geological activity. Most of the land 
was covered by the Keiwa lava flow during the eruption of 
Kailauea in 1823.
    This legislation is necessary because this land is 
threatened by commercial development. Recent proposals to 
construct a civilian space launch facility and a geothermal 
energy development facility on nearby land show how attractive 
this land is to the private sector. Such development on this 
land would prevent the public from enjoying its special nature. 
The land is presently owned by an individual who has indicated 
he would willingly sell it to the National Park Service. It is 
important to note, however, that this bill would not by itself 
make this land part of the Hawaii Volcanoes National Park. 
Under the terms of the park's enabling act, only when title to 
the land is vested in the United States does the land become 
part of the park. In this case, it would occur upon the 
conveyance of land from Mr. Fujiyama to the U.S. government. 
This land is in the process of being appraised. It has been 
advertised on the real estate market for $3,500,000.
    This concludes my statement. I would be pleased to answer 
any of your questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing rules of the Sente, changes in existing law made by 
the bill S. 2129, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no changes is proposed is shown in roman):

(Public Law 75-680--June 20, 1938)

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     Sec.  391b. Extension of boundaries.

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and, in addition, any lands adjacent or contiguous to the 
Hawaii National Park as extended which, in the discretion of 
the Secretary of the Interior, are necessary for the proper 
rounding out of the boundaries of the park: provided, that the 
United States shall not purchase, by appropriation of public 
moneys, any land within the aforesaid area, but such lands 
shall be secured by the United States only by public and 
private donations, except for the land depicted on the map 
entitled NPS-PAC 1997HW, which may be purchased with donated or 
appropriated funds.