[Senate Report 106-92]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 174
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-92

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



 
         HAWAII VOLCANOES NATIONAL PARK ADJUSTMENT ACT OF 1999

                                _______
                                

                 June 24, 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. 938]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 938) to eliminate restrictions on the 
acquisition of certain land contiguous to Hawaii Volcanoes 
National Park, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 938, as ordered reported, is to amend the 
enabling act for Hawaii Volcanoes National Park to authorize 
the Secretary of the Interior to purchase land for addition to 
the park. Currently, the National Park Service may only acquire 
property by donation.

                          Background and Need

    Hawaii Volcanoes National Park was established as part of 
Hawaii National Park on August 1, 1916. It was renamed on 
September 22, 1961 as Hawaii Volcanoes National Park. Boundary 
changes were made in 1922, 1928, 1938, 1940, 1961 and 1978. The 
park comprises of 209,695.38 acres of which 207,643.38 acres 
are Federally-owned. 123,000 acres were classified as 
wilderness in 1978. The park is located on the island of 
Hawai'i, 96 miles form Kailua-Kona and 30 miles from Hilo. The 
park receives about 2.5 million visitors each year.
    The elevation of the park ranges from sea level to the 
summit of the earth's most massive volcano, Mauna Loa, at 
13,677 feet. Kilauea, the world's most active volcano, offers 
insights on the birth of the Hawaiian Islands and offers 
visitors views of dramatic volcanic landscape.
    There are approximately 2,000 acres that are adjacent to 
the park that may be placed on the market. The enabling 
legislation for the park limits acquisition of lands to 
donations only.

                          Legislative History

    S. 938 was introduced by Senators Akaka and Inouye May 3, 
1999. The Subcommittee on National Parks, Historic Preservation 
and Recreation held a hearing on S. 938 on May 25, 1999.
    At its business meeting on June 16, 1999, the Committee on 
Energy and Natural Resources ordered S. 938, favorably 
reported, without amendment.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 16, 1999, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 938, 
without amendment.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the ``Hawaii 
Volcanoes National Park Adjustment Act of 1999''.
    Section 2 amends the June 20, 1938 Act (U.S.C. 391b) that 
added certain lands to Hawaii National Park. The section 
removes a provision that limited the Park Service to acquiring 
adjacent lands by donation only.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measurehas been requested but was not received at the time 
the report was filed. When the report is available, the Chairman will 
request it to be printed in the Congressional Record for the advice of 
the Senate.

                      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. 938. 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. 938, as ordered reported.

                        Executive Communications

    On May 25, 1999, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth executive views on S. 938. These reports had not been 
received at the time the report on S. 938 was filed. When the 
reports become available, the Chairman will request that they 
be printed in the Congressional Record for the advice of the 
Senate. The testimony provided by the National Park Service at 
the Subcommittee hearing 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. 938, a bill to eliminate 
restrictions on the acquisition of certain land contiguous to 
Hawaii Volcanoes National Park.
    The Department of the Interior strongly 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 act also says that the Secretary may purchase lands 
only with donated funds. S. 938 would amend the enabling act 
for Hawaii Volcanoes National Park by giving the Secretary the 
authority to purchase lands contiguous to the park with 
appropriated funds. This amendment is necessary because there 
are park-worthy lands contiguous to Hawaii Volcanoes National 
Park that realistically can be acquired only through 
appropriated funds.
    For example, a private landowner has placed on the market a 
2,000-acre parcel of land contiguous to the park's southern 
boundary. This land has wilderness quality and is located in an 
area that has been subject to various development proposals. In 
addition, a significant parcel of land in the upper region of 
Mauna Loa's southwest right zone and adjacent to the park's 
boundary might also be available for sale. This land contains 
major geographical features of this active volcano as well as 
quality alpine and sub-alpine plant communities containing 
endangered plant species that include the endemic Ka'u/Mauna 
Loa silver sword. This land also connects to segments of state-
managed mesic Koa--Ohia forest, which is critical bird habitat. 
Other parcels of land contiguous to various parts of the park 
are similarly park-worthy, and could be brought into the park 
and protected from development by this bill.
    It is important to note that this bill would not by itself 
make any land part of Hawaii Volcanoes National Park. Under the 
terms of the park's enabling act, land becomes part of the park 
only when title to the land is vested in the United States. 
This process would require, among other things, appropriations 
to purchase these lands, as well as valid property appraisals. 
Land acquisition would be subject to availability of funding 
for NPS priorities.
    This concludes my testimony. 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. 938, 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 75-680, as amended December 3, 1940, July 1, 1961, 
September 22, 1961, November 10, 1978, and November 12, 1998.)

           *       *       *       *       *       *       *


          15. Two hundred and twenty-five degrees and forty-six 
        minutes three hundred and forty and six-tenths to the 
        point of beginning and containing an area of five 
        thousand seven hundred and thirty acres, more or less;
and, in addition, any lands adjacent or contiguous to the 
Hawaii National Park as hereby 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] park. Land (including the land 
depicted on the map `NPS-PAC 1997HW') may be acquired by the 
Secretary through donation, exchange, or purchase with donated 
or appropriated funds.

                                  
