[Senate Report 106-65]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 135
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-65

======================================================================



 
                ALA KAHAKAI NATIONAL HISTORIC TRAIL ACT

                                _______
                                

                  June 7, 1999.--Ordered to be printed

                                _______


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

                              R E P O R T

                         [To accompany S. 700]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 700) to amend the National Trails System 
Act to designate the Ala Kahakai Trail as a National Historic 
Trail, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.
    The amendments are as follows:
    1. On page 3, line 19, strike ``Upolu'' and insert `` 
'Upolu''.
    2. On page 3, line 24, strike ``Wahaulu'' and insert 
``Waha'ula''.

                         Purpose of the Measure

    The purpose of S. 700 is to amend the National Trails 
System Act to designate the Ala Kahakai Trail in Hawaii as a 
National Historic Trail.

                          Background and Need

    Public Law 102-461, signed on October 23, 1992, authorized 
the National Park Service to conduct a study of the Ala Kahakai 
Trail. The Ala Kahakai follows an approximately 175-mile 
portion of the prehistoric ala loa (long trail) roughly 
parallel to the seacoast extending from Upolu Point on the 
north tip of Hawai'i \1\ Island down the west coast of the 
island around Ka Lae (South Point, literally, ``The Point'') to 
the east boundary of Hawai'i Volcanoes National Park at the 
ancient shoreline temple (heiau) known as Waha'ula Heiau. In 
prehistoric times, the ala loa circuited the entire island. A 
record of decision for the trail study and final environmental 
impact statement was approved in June 1998.
---------------------------------------------------------------------------
    \1\ Hawai'i is the spelling used in the Ala Kahakai National Trail 
Study.
---------------------------------------------------------------------------
    The Trail was evaluated against the criteria for national 
scenic trails, national historic trails and for the National 
Register of Historic Places. However, it was confirmed that the 
overriding significance lies in the cultural and historical 
values and therefore it was recommended that the Ala Kahakai be 
designated a National Historic Trail. Of the four alternatives 
considered, a continuous national historic trail was the 
preferred alternative. The trail would pass through four other 
National Park Service units: Pu'ukohola Heiau National Historic 
Site, Kaloko-Honokohau National Historic Park, Pu'uhonua o 
Honaunau National Historical Park and Hawai'i Volcanoes 
National Park.

                          Legislative History

    S. 700 was introduced by Senators Akaka and Inouye on March 
24, 1999. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 700 on April 
22, 1999.
    At its business meeting on May 19, 1999, the Committee on 
Energy and Natural Resources ordered S. 700, favorably 
reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 19, 1999, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 700 as 
amended as described herein.

                          Committee Amendment

    The Committee adopted a technical amendment which corrects 
two spelling errors.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the ``Ala 
Kahakai National Historic Trail Act''.
    Section 2 lists several Congressional findings.
    Section 3 amends section 5(a) of the National Trails System 
Act (16U.S.C. 1244(a)) to designate the Ala Kahakai Trail as a 
National Historic Trail. It directs that a map is to be available for 
public inspection in National Park Service (NPS) offices. The trail is 
to be administered by the NPS, however, no additional Federal land may 
be acquired without the consent of the owner. The Park Service is to 
encourage public participation with communities, land owners along the 
trail and volunteer trail groups in the planning, development and 
maintenance or the trail. Consultation with affected Federal, State and 
local agencies, native Hawaiian groups and landowners is required.

                   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, May 26, 1999.
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. 700, the Ala Kahakai 
National Historic Trail Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 700--Ala Kahakai National Historic Trail Act

    S. 700 would amend the National Trails System Act to 
designate the 175-mile Ala Kahakai trail in Hawaii as a 
National Historic Trail. The new trail would be administered by 
the Department of the Interior, acting through the National 
Park Service (NPS). Based on information provided by the NPS 
and assuming appropriation of the necessary amounts, CBO 
estimates the agency would spend about $3 million for planning 
and development over the next two years. Operating expenses in 
subsequent years would be about $0.3 million annually.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. S. 700 
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. 700. 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. 700, as ordered reported.

                        Executive Communications

    At the Subcommittee hearing a representative from the 
National Park Service testified in support S. 700, as follows:

Statement of Katherine Stevenson, Associate Director, Cultural Resource 
Stewardship and Partnerships, National Park Service, Department of the 
                                Interior

    Thank you for the opportunity to present the position of 
the Department of the Interior on S. 700, a bill to amend the 
National Trails System Act to designate the Ala Kahakai Trail 
as a National Historic Trail.
    The Department of the Interior strongly supports this bill. 
S. 700 would add the Ala Kahakai National Historic Trail to the 
list of National Historic Trails under the National Trails 
Systems Act. S. 700 would implement the recommendations made by 
a recent Congressionally authorized study, conducted by the 
National Park Service, that found the Ala Kahakai to be both 
suitable and feasible for inclusion into the National Trails 
System, meeting all three criteria for national historic trails 
outlined in Section 5 of the National Trails System Act.
    Ala Kahakai is the modern name for an approximately 175-
mile portion of the ancient shoreline footpath, the Ala Loa 
(Long Trail), that once circumscribed the island of Hawaii. The 
Ala Loa was the major land route connecting the 600 or more 
communities of the island kingdom of Hawaii from approximately 
1400 to 1700 A.D., tying together the lives of approximately 
120,000 people. The trail is associated with many prehistoric 
and historic housing areas of the island, nearly all the royal 
centers, and most of the major temples of the island. Its use 
is associated with the many rulers of the kingdom, with 
battlefields and the movement of armies during their reigns, 
and with annual taxation. The portion of the ancient trail that 
traverses the west coast of Hawaii Island was particularly 
significant between the years 1779 and 1820 when a series of 
events unfolded that would have lasting consequences for 
Hawaiian culture evolution: Captain Cook's landing and 
subsequent death at Kealakekua Bay in 1779; the rise of 
Kamehameha to power and consolidation of the Hawaiian Islands 
under monarchical rule; the death of Kamehameha I in 1819, 
followed by the overthrow of the ancient religious system, the 
Kapu; and finally, the arrival of the first western 
missionaries in 1820. The trail continued in use throughout the 
18th and 19th centuries, although some sections were modified 
to accommodate horses, and later, two-wheeled carts and 
motorized vehicles. The trail has great significance to native 
Hawaiians who continue to use it in traditional ways.
    Approximately fifty percent of the 175 miles of trail are 
currently in local, state, or federal government ownership. For 
the Park Service alone the trail connects four NPS sites and 
several national historic landmarks. Approximately nine percent 
of the trail lies across public access easements or 
dedications. Another twenty percent of the trail that lies 
within private hands is shown on tax maps or old survey maps as 
``ancient trails'' as defined in the Highways Act of 1892. 
Ancient trails are already open to public use and are owned in 
fee simple by the state.
    NPS would implement the statutory designation of the Ala 
Kahakai Trail as a National Historic Trail by preparing a 
comprehensive management and use plan (CMP), that would conform 
with Section 5 of the National Trails System Act. The plan 
would actively involve native Hawaiians, landowners, trail 
users, and other interested groups and individuals. State and 
local agencies, native Hawaiian and local organizations, 
landowners, and trail user groups would be encouraged to manage 
their portions of the trail.
    The National Park Service would administer this trail 
according to the authorities of Section 7 of the National 
Trails System Act, ensuring that natural, cultural, and 
ethnographic resources were inventoried and protected before 
trail segments were opened and promoted for public use. The 
Secretary of the Interior would appoint an advisory council 
comprised of representatives of affected federal, state, and 
local government agencies, the native Hawaiian community, 
corporate and individual landowners, trail users, and others 
with an established interest in the trail, to provide the 
National Park Service with guidance on the operation of the 
trail.
    By designating the Ala Kahakai as a National Historic Trail 
S. 700 would help us preserve one of the most important 
legacies of Hawaii's indigenous history and culture. The 
Department of the Interior would be honored to perform its 
responsibilities under this act. I would be happy to answer any 
of your questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 700, 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 change is proposed is shown in roman):

            (Public Law 90-543, as amended--October 2, 1968)

    Sec. 5. (a) National Scenic and National Historic Trails 
shall be authorized and designated only by an Act of Congress. 
There are hereby established the following National Scenic and 
National Historic Trails:

           *       *       *       *       *       *       *

          [(  )] (18) The California National Historic Trail, a 
        route of approximately five thousand seven hundred 
        miles, including all routes and cutoffs, extending from 
        Independence and Saint Joseph, Missouri, and Council 
        Bluffs, Iowa, to various points in California and 
        Oregon, as generally described in the report of the 
        Department of the ``California Pony Express Trails, 
        Eligibility/Feasibility Study/Environmental 
        Assessment'' and dated September 1987. A map generally 
        depicting the route shall be on file and available for 
        public inspection in the Office of the National Park 
        Service, Department of the Interior. The trail shall be 
        administered by the Secretary of the Interior. No lands 
        or interests therein outside the exterior boundaries of 
        any federally administered area may be acquired by the 
        United States for the California National Historic 
        Trail except with the consent of the owner thereof.
          [(  )] (19) The Pony Express National Historic Trail, 
        a route of approximately one thousand nine hundred 
        miles, including the original route and subsequent 
        route changes, extending from Saint Joseph, Missouri, 
        to Sacramento, California, as generally described in 
        the report of the Department of the Interior prepared 
        pursuant to subsection (b) of this section entitled 
        ``California and Pony Express Trails, Eligibility/
        Feasibility Study/Environment Assessment'', and dated 
        September 1987. A map generally depicting the route 
        shall be on file and available for public inspection in 
        the Office of the National Park Service, Department of 
        the Interior. The trail shall be administered by the 
        Secretary of the Interior. No lands or interests 
        therein outside the exterior boundaries of any 
        federally administered area may be acquired by the 
        United States for the Pony Express National Historic 
        Trail except with the consent of the owner thereof.
          [(  )] (20) The Selma to Montgomery National Historic 
        Trail, consisting of 54 miles of city streets and 
        United States Highway 80 from Brown Chapel A.M.E. 
        Church in Selma to the State Capitol Building in 
        Montgomery, Alabama, traveled by voting rights 
        advocates during March 1965 to dramatize the need for 
        voting rights legislation, as generally described in 
        the report of the Secretary of the Interior prepared 
        pursuant to subsection (b) of this section entitled 
        ``Selma to Montgomery'' and dated April 1993. Maps 
        depicting the route shall be on file and available for 
        public inspection in the Office of the National Park 
        Service, Department of the Interior. The trail shall be 
        administered in accordance with this Act, including 
        section 7(h). The Secretaryof the Interior, acting 
        through the National Park Service, which shall be the lead 
        federal agency, shall cooperate with other Federal, State and 
        local authorities to preserve historic sites along the route, 
        including (but not limited to) the Edmund Pettus Bridge and 
        the Brown Chapel A.M.E. Church.
          (  ) Ala Kahakai National Historic Trail.--
                  (A) In general.--The Ala Kahakai National 
                Historic Trail (the Trail by the Sea), a 175 
                mile long trail extending from 'Upolu on the 
                north tip of Hawaii Island down the west coast 
                of the island around Ka Lae to the east 
                boundary of Hawaii Volcanoes National Park at 
                the ancient shoreline temple known as 
                ``Waha'ula'', as generally depicted on the map 
                entitled ``Ala Kahakai Trail'', contained in 
                the report prepared pursuant to subsection (b) 
                entitled ``Ala Kahakai Trail Study and 
                Environmental Impact Statement'', dated January 
                1998.
                  (B) Map.--A map generally depicting the trail 
                shall be on file and available for public 
                inspection in the Office of the National Park 
                Service, Department of the Interior.
                  (C) Administration.--The trail shall be 
                administered by the Secretary of the Interior.
                  (D) Land acquisition.--No land or interest in 
                land outside the exterior boundaries of any 
                federally administered area may be acquired by 
                the United States for the trail except with the 
                consent of the owner of the land or interest in 
                land.
                  (E) Public participation; consultation.--The 
                Secretary of the Interior shall--
                          (i) encourage communities and owners 
                        of land along the trail, native 
                        Hawaiians, and volunteer groups to 
                        participate in the planning, 
                        development, and maintenance of the 
                        trail; and
                          (ii) consult with affected Federal 
                        State, and local agencies, native 
                        Hawaiian groups, and landowners in the 
                        administration of the trail.

                                
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