[Senate Report 106-93]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 175
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-93

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



 
         HAWAIIAN NATIONAL PARK LANGUAGE CORRECTION 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. 939]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 939) to correct spelling errors in the 
statutory designations of Hawaiian National Parks, 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 12 strike ``first section of the''.
    2. On page 3, line 17 strike the word ``Park'' and insert 
in lieu thereof the following, ``Park'' each place it appears.
    3. On page 4, in subsection (e) strike the words 
``Historical Site'' each place they appear and insert in lieu 
thereof ``Historic Site''.
    4. On page 4, line 15, strike the word ``Section'', and 
insert in lieu thereof ``(a) Section''.
    5. At the end of page 4 add the following new subsection:
    ``(b) The first section of Public Law 94-567 (90 Stat. 
2692) is amended in subsection (e) by striking ``Haleakala'' 
each place it appears and inserting ``Haleakala''.

                         Purpose of the Measure

    The purpose of S. 939, as ordered reported, is to correct 
spelling errors in the statutory designations of National Park 
System units in the State of Hawaii.

                          Background and Need

    Seven National Park System units in the State of Hawaii 
have Hawaiian names. In the Hawaiian language, the inclusion of 
diacritical marks can change the meaning of otherwise 
identically spelled words. When the affected park units in 
Hawaii were originally designated, the necessary diacritical 
marks were not included as part of the official park names. 
This legislation corrects these designations.

                          Legislative History

    S. 939 was introduced by Senators Akaka and Inouye on May 
3, 1999. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 939 on May 25, 
1999.
    At its business meeting on June 16, 1999, the Committee on 
Energy and Natural Resources ordered S. 939, favorably 
reported, with an 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. 939, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 939, the Committee adopted a 
technical amendment which corrects a spelling error and makes a 
number of technical, clarifying and conforming changes to the 
bill. In addition, one additional Public Law concerning 
Haleakala National Park was added to the list of designations 
that needed to be corrected.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the 
``Hawaiian National Park Language Correction Act of 1999''.
    Section 2(a) amends Public Law 87-278 (75 Stat. 577) by 
changing the spelling of ``Hawaii Volcanoes National Park'' to 
``Hawai`i Volcanoes National Park''.
    Subsection (b) amends Public Law 86-744 (74 Stat. 881) by 
changing the spelling of ``Haleakala National Park'' to 
``Haleakala National Park''.
    Subsection (c) amends Section 505 of Public Law 95-625 (16 
U.S.C. 396d) by changing the spelling of ``Kaloko-Honokohau 
National Historical Park'' to ``Kaloko-Honokohau National 
Historical Park''.
    Subsection (d) amends the Public Law of July 26, 1955 
(chapter 385: 69 Stat. 376) as amended by section 305 of Public 
Law 95-625 (92 Stat. 3477) by changing the spelling of 
``Puuhonua o Honauuau National Historical Park'' to ``Pu`uhonua 
o Honannau National Historical Park''.
    Subsection (e) amends Public Law 92-388 (86 Stat. 562) by 
changing the spelling of ``Puukohola Heiau National Historic 
Site'' to ``Pu`ukohola Heiau National Historic Site''.
    Section 3(a) amends Section 401(6) of Public Law 95-625 
(U.S.C. 92 Stat. 3489), the National Parks and Recreation Act 
of 1978 by changing the spelling of Hawaii Volcanoes National 
Park' to ``Hawai`i Volcanoes National Park''.
    Subsection (b) amends Public Law 94-567 by changing the 
spelling of ``Haleakala National Park'' to ``Haleakala National 
Park''.

                   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, June 23, 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. 939, the Hawaiian 
National Park Language Correction Act of 1999.
    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. 939--Hawaiian National Park Language Correction Act of 1999

    S. 939 would correct spelling errors in the statutes that 
designate certain national park units in Hawaii. CBO estimates 
that implementing the bill would have no significant impact on 
the federal budget. The bill would not affect direct spending 
or receipts; therefore, pay-as-you-go procedures would not 
apply. S. 939 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect 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. 939. 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. 939, 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. 939. These reports had not been 
received at the time the report on S. 939 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 H. Stevenson, Associate Director, Cultural 
Resource Stewardship and Partnership, National Park Service, Department 
                            of the Interior

    Thank you for the opportunity to present the position of 
the Department of the Interior on S. 939, a bill to correct 
spelling errors in the statutory designations of Hawaiian 
National Parks.
    The Department of the Interior strongly supports this bill. 
S. 939 would correct the statutory spellings for 5 Hawaiian 
units of the National Park system--Haleakala National Park, 
Hawaii Volcanoes National Park, Kaloko-Honokohau National 
Historic Park, Puukohola Heiau National Historic Site, and 
Puuhonau o Honaunau National Historic Park.
    The bill brings the statutory names of these units into 
conformity with the native Hawaiian language by recognizing 
that the original spellings of the statutory designations of 
these parks were incorrect. We believe these misspellings were 
the result of an oversight, and were not intentional. In some 
cases, though, the misspellings changed the meaning of a 
designation. The spelling of Haleakala in the designation of 
Haleakala National Park, for instance, means ``House of 
Raspberry'' in the native Hawaiian language. Under the S. 939 
corrected spelling, this designation means ``House of the 
Rising Sun.'' This is what native Hawaiians call this area, and 
we assume is what Congress intended this area to be called when 
it established this park in 1960.
    We would like to suggest a few technical corrections to 
this bill. We propose that the words ``first section of the'' 
be stricken from line 12 of page 3 (Section 2(d)(1)), and the 
words ``each place it appears'' be inserted on line 17 before 
``and'', as the name of Pu`uhonua o Honaunau National 
Historical Park appears several places in the Act of July 21, 
1955, not just in the first section. In addition, we recommend 
that the references on lines 1, 5, 7, and 13 on page 4 (Section 
2(e)) to ``Historical Site'' be changed to ``Historic Site'' to 
reflect the correct name of the park. Finally we propose that 
an ``(a)'' be inserted at the beginning of line 15 on page 4, 
and the following conforming amendment be added to Section 3:

          (b) The first section of Public Law 94-567 (90 Stat. 
        2692) is amended in subsection (e) by striking 
        ``Haleakala'' each place it appears and inserting 
        ``Haleakala''.

Because this bill accords the native Hawaiian tongue the 
respect it deserves by correcting the spellings of these 
Hawaiian parks, we urge it swift passage. 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. 939, 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 84-177, as amended by Public Law 95-625 of November 10, 
1978)

           *       *       *       *       *       *       *



          name change; city of refuge national historical park

    Sec. 305. The Act of July 21, 1955 (69 Stat. 376) is hereby 
amended to redesignate the City of Refuge National Historical 
Park as the [Puuhonua o Honaunau National Historical Park] 
Pu`uhonua o Honannau National Historical Park.

           *       *       *       *       *       *       *


                          TITLE IV--WILDERNESS


                          designation of areas

    Sec. 401 * * *
          (1) * * *

           *       *       *       *       *       *       *

          (6) [Hawaii Volcanoes National Park] Hawai`i 
        Volcanoes National Park, wilderness comprising 
        approximately one hundred and twenty-three thousand one 
        hundred acres and potential wilderness additions 
        comprising approximately seven thousand eight hundred 
        and fifty acres depicted on a map entitled ``Wilderness 
        Plan, [Hawaii Volcanoes National Park] Hawai`i 
        Volcanoes National Park, Hawaii'', numbered 124-20,020 
        and dated April 1974, to be known as the [Hawaii 
        Volcanoes] Hawai`i Volcanoes Wilderness.

           *       *       *       *       *       *       *


                  [Kaloko-Honokohau] Kaloko-honokohau

    Sec. 505. (a) In order to provide a center for the 
preservation, interpretation, and perpetuation of traditional 
native Hawaiian activities and culture, and to demonstrate 
historic land use patterns as well as to provide a needed 
resource for the education, enjoyment, and appreciation of such 
traditional native Hawaiian activities and culture by local 
residents and visitors, there is established the [Kaloko-
Honokohau] Kaloko-honokohau National Historical Park 
(hereinafter in this section referred to as the ``park'') in 
Hawaii comprising approximately one thousand three hundred 
acres as generally depicted on the map entitled ``[Kaloko-
Honokohau] Kaloko-honokohau National Historical Park,'' 
numbered KHN-80,000, and dated May 1978, which shall be on file 
and available for public inspection in the appropriate offices 
of the National Park Service, Department of the Interior.
    (b) Except for any lands owned by the State of Hawaii or 
its subdivisions, which may be acquired only by donation, the 
Secretary is authorized to acquire the lands described above by 
donation, exchange, or purchase through the use of donated or 
appropriated funds, notwithstanding any prior restriction of 
law.
    (c) The Secretary shall administer the park in accordance 
with this section and the provisions of law generally 
applicable to units of the national park system, including the 
Acts approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461-
467), and August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et 
seq.), and generally in accordance with the guidelines provided 
in the study report entitled [Kaloko-Honokohau] Kaloko-
honokohau prepared by the Honokohau Study Advisory Commission 
and the National Park Service, May 1974, GPO 690-514.

           *       *       *       *       *       *       *

    (f)(1) There is hereby established the [Kaloko-Honokohau] 
Kaloko-honokohau Na Hoa Pili O [Kaloko-Honokohau] Kaloko-
honokohau (The Friends of [Kaloko-Honokohau] Kaloko-honokohau), 
an Advisory Commission for the park. The Commission shall be 
composed of nine members, appointed by the Secretary, at least 
five of whom shall be selected from nominations provided by 
native Hawaiian organizations. All members of the Commission 
shall be residents of the State of Hawaii, and at least six 
members shall be native Hawaiians. Members of the Commission 
shall be appointed for five-year terms except that initial 
appointment(s) shall consist of two members appointed for a 
term of five years, two for a term of four years, two for a 
term of three years, two for a term of two years, and one for a 
term of one year. No member may serve more than one term 
consecutively.

           *       *       *       *       *       *       *

                              ----------                              


                          (Public Law 86-744)


AN ACT To designate and establish that portion of Hawaii National Park 
   on the island of Maui, in the state of Hawaii, as the [Haleakala] 
            Haleakala National Park, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
effective July 1, 1961, the detached portion of the Hawaii 
National Park which lies on the island of Maui is hereby 
established as a separate unit of the national park system to 
be known as [Haleakala] Haleakala National Park. The park so 
established shall be administered in accordance with the Act 
entitled ``An Act to establish a National Park Service, and for 
other purposes'', approved August 25, 1916 (39 Stat, 535), as 
amended and supplemented, and in accordance with any other 
applicable provision of law relating to the Maui portion of 
Hawaii National Park. Approved September 13, 1960.
                              ----------                              


                          (Public Law 87-278)


AN ACT To change the designation of that portion of the Hawaii National 
   Park on the island of Hawaii, the state of Hawaii, to the [Hawaii 
Volcanoes National Park] Hawai`i Volcanoes National Park and for other 
                                purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
effective upon enactment of this Act, portion of the Hawaii 
National Park situated on the island of Hawaii, established and 
administered pursuant to the Act of August 1, 1916 (39 Stat. 
432), as amended and supplemented, shall be known as the 
[Hawaii Volcanoes National Park] Hawai`i Volcanoes National 
Park.
    Approved September 22, 1961.
                              ----------                              


                          (Public Law 92-388)


AN ACT To provide for the establishment of the Puukohola Heiau National 
     Historic Site, in the State of Hawaii, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That in 
order to restore and preserve in public ownership the 
historically significant temple associated with Kamehameha the 
Great, who founded the historic Kingdom of Hawaii, and the 
property of John Young who fought for Kamehameha the Great 
during the period of his ascendancy to power, the Secretary of 
the Interior is authorized to acquire, by donation or purchase 
with donated funds, such lands and interests in lands, together 
with structures and improvements thereon, not to exceed one 
hundred acres, in the vicinity of Kawaihae, Hawaii, as 
generally depicted on a map entitled ``Boundary Map, Proposed 
[Puukohola Heiau National Historic Site] Pu`ukohola Heiau 
National Historic Site,'' numbered NHS-PK 20,002, dated 
February 1970, which shall be off file and available for public 
inspection in the offices of the National Park Service, 
Washington, District of Columbia. The Secretary of the Interior 
may from time to time revise the boundaries of the proposed 
historic site, but the total acreage of the site shall not 
exceed one hundred acres.
    Sec. 2. The Secretary of the Interior shall establish the 
area as the [Puukohola Heiau National Historic Site] Pu`ukohola 
Heiau National Historic Site at such times as he deems 
sufficient interests in lands have been acquired to constitute 
an administrable unit. Pending and after establishment, the 
[Puukohola Heiau National Historic Site] Pu`ukohola Heiau 
National Historic Site shall be administered, developed, 
preserved, and maintained in accordance with the provisions of 
the Act entitled ``An Act to establish a National Park Service 
and for other purposes'', approved August 25, 1916 (39 Stat. 
535), as amended and supplemented (16 U.S.C. 1 et seq.), and 
the Act entitled ``An Act to provide for the preservation of 
historic American sites, Buildings, objects, and antiquities of 
national significance, and for other purposes'', approved 
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).

           *       *       *       *       *       *       *

                              ----------                              


                          (Public Law 94-567)


  AN ACT To designate certain lands within units of the National Park 
  System as wilderness; to revise the boundaries of certain of those 
units; and for other purposes

           *       *       *       *       *       *       *


    (a) * * *

           *       *       *       *       *       *       *

    (e) [Haleakala] Haleakala National Park, Hawaii wilderness 
comprising nineteen thousand two hundred and seventy acres, and 
potential wilderness additions comprising five thousand five 
hundred acres depicted on a map entitled ``Wilderness Plan, 
[Haleakala] Haleakala National Park, Hawaii'', numbered 162-
20,006-A and dated July 1972, to be known as the [Haleakala] 
Haleakala Wilderness.

           *       *       *       *       *       *       *


                                  
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