[House Report 107-372]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-372

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



 
AUTHORIZING THE SECRETARY OF THE INTERIOR TO MAKE ADJUSTMENTS TO THE 
  BOUNDARY OF THE NATIONAL PARK OF AMERICAN SAMOA TO INCLUDE CERTAIN 
  PORTIONS OF THE ISLANDS OF OFU AND OLOSEGA WITHIN THE PARK, AND FOR 
  OTHER PURPOSES

                                _______
                                

 March 12, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1712]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1712) to authorize the Secretary of the Interior to make 
minor adjustments to the boundary of the National Park of 
American Samoa to include certain portions of the islands of 
Ofu and Olosega within the park, and for other purposes, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. BOUNDARY ADJUSTMENT OF THE NATIONAL PARK OF AMERICAN SAMOA.

  Section 2(b) of the Act entitled ``An Act to establish the National 
Park of American Samoa'' (16 U.S.C. 410qq-1(b)), approved October 31, 
1988, is amended--
          (1) by striking ``(1)'', ``(2)'', and ``(3)'' and inserting 
        ``(A)'', ``(B)'', and ``(C)'', respectively;
          (2) by inserting ``(1)'' after ``Included.--''; and
          (3) by adding at the end the following new paragraph:
  ``(2) The Secretary may make adjustments to the boundary of the park 
to include within the park certain portions of the islands of Ofu and 
Olosega, as depicted on the map entitled `National Park of American 
Samoa, Proposed Boundary Adjustment', numbered 82,035 and dated Feb 
2002, pursuant to an agreement with the Governor of American Samoa and 
contingent upon the lease to the Secretary of the newly added lands. As 
soon as practicable after a boundary adjustment under this paragraph, 
the Secretary shall modify the maps referred to in paragraph (1) 
accordingly.''.

  Amend the title so as to read:

    A bill to authorize the Secretary of the Interior to make 
adjustments to the boundary of the National Park of American 
Samoa to include certain portions of the islands of Ofu and 
Olosega within the park, and for other purposes.

                          Purpose of the Bill

    The purpose of H.R. 1712, as ordered reported, is to 
authorize the Secretary of the Interior to make adjustments to 
the boundary of the National Park of American Samoa to include 
certain portions of the islands of Ofu and Olosega within the 
park, and for other purposes.

                  Background and Need for Legislation

    The National Park of American Samoa (NPAS) was created in 
1988 to ``. . . preserve and protect the tropical forest and 
archeological and cultural resources of American Samoa, and of 
associated reefs, to maintain the habitat of flying foxes, 
preserve the ecological balance of the Samoan tropical forest, 
and, consistent with the preservation of these resources, to 
provide for the enjoyment of the unique resources of the Samoan 
tropical forest by visitors from around the world.'' The NPAS 
is the only paleotropical rainforest in the United States and 
preserves native Samoa's traditions, culture, and archeological 
integrity. Currently, the National Park Service (NPS) manages, 
via a 50-year lease, 9,000 acres of land and water on the 
islands of Tutuila, Ofu and Ta'u. American Samoa also includes 
the islands of Olosega and Anunu. Additional lands to the park 
would also be leased by the NPS.
    Expanding park boundaries to include land and water on the 
island of Ofu and Olosega would help protect vast coral 
communities which harbor a great diversity of different species 
and offer excellent scuba diving opportunities. Shoreline reef 
flats and back-reef also flourish on the islands. Flying foxes, 
a candidate for listing, could forage on both islands, helping 
to expand that species habitation. Land birds, sea birds, and 
sea turtles (both the endangered hawksbill and threatened green 
sea turtle) are present.
    Currently, the NPS manages 350 acres of reef and 70 acres 
of land on the island of Ofu, but no land or water on Olosega. 
The addition of rainforest and coral reef on Ofu and Olosega 
would provide greater hiking opportunities and help to 
diversify visitor use and lessen impact on the reef. In 
addition, high concentration of medicinal plants growing in the 
area would be protected. Many of these plants are disappearing 
and are in need of preservation.
    The amount of land being considered on the island of 
Olosega, based on a Geographic Information System projection, 
would be 1,012 terrestrial and 935 marine acres. Lease 
payments, subject to negotiation with the High Court of 
American Samoa, would be $122,000 annually. For the island of 
Ofu, 344 terrestrial and 577 marine acres would be considered 
for incorporation into the park. Cost projections based on 
present values of the Ofu lands currently managed by the NPS 
are $163,000. Thus, total cost for both islands would be 
$285,000 annually. Although letters of support have been 
received from local village councils, it still remains unclear 
which specific lands have been consented to by landowners for 
lease by NPS.

                            Committee Action

    H.R. 1712 was introduced on May 3, 2001, by Delegate Eni 
F.H. Faleomavaega (D-AS). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
On February 14, 2002, the Subcommittee held a hearing on the 
bill. On February 27, 2002, the Full Resources Committee met to 
consider the bill. The Subcommittee on National Parks, 
Recreation, and Public Lands was discharged from further 
consideration of the bill by unanimous consent. Congressman 
Radanovich (R-CA) offered an amendment in the nature of a 
substitute that added the map number, title and date to the 
bill as well as removed the word minor from the bill title as 
it related to the boundary adjustment. It was adopted by voice 
vote. The bill, as amended, was then ordered favorably reported 
to the House of Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 5, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1712, a bill to 
authorize the Secretary of the Interior to make adjustments to 
the boundary of the National Park of American Samoa to include 
certain portions of the islands of Ofu and Olosega within the 
park.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                        Steven M. Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1712--A bill to authorize the Secretary of the Interior to make 
        adjustments to the boundary of the National Park of American 
        Samoa to include certain portions of the islands of Ofu and 
        Olosega within the park

    H.R. 1712 would allow the National Park Service (NPS) to 
modify the boundary of the National Park of American Samoa, if 
the lands and adjacent waters to be added to the park can be 
leased by the federal government.
    Based on information provided by the NPS and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing H.R. 1712 would cost the federal government less 
than $500,000 annually beginning within a year following 
enactment. This amount would be used to lease and manage up to 
about 1,500 acres of land on the islands of Ofu and Olosega. 
(An additional 1,500 acres of adjacent waters might also be 
leased, at no cost to the government.)
    H.R. 1712 would not affect direct spending; 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 impose no costs on 
state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

                SECTION 2 OF THE ACT OF OCTOBER 31, 1988


        AN ACT To establish the National Park of American Samoa

SEC. 2. ESTABLISHMENT.

  (a)  * * *
  (b) Area Included.--(1) The park shall consist of three units 
as generally depicted on the following maps entitled ``Boundary 
Map, National Park of American Samoa'': [(1)] (A) map number 
NP-AS 80,000A, dated August 1988, [(2)] (B) map number NP-AS 
80,000B, dated August 1988, and [(3)] (C) map number NP-AS 
80,000C, dated August 1988. Before publication of the maps, the 
Secretary, after consultation with the Governor of American 
Samoa and other appropriate leaders, may adjust the boundaries 
of the park to correspond with the appropriate village 
boundaries and modify the maps accordingly. The maps shall be 
on file and available for public inspection in the offices of 
the National Park Service, Department of the Interior. The 
Secretary may at any time make revisions of the boundary of the 
park in accordance with section 7(c) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 4601-4 and following), 
pursuant to agreement with the Governor of American Samoa, and 
contingent upon the lease to the Secretary of lands within the 
new boundaries.
  (2) The Secretary may make adjustments to the boundary of the 
park to include within the park certain portions of the islands 
of Ofu and Olosega, as depicted on the map entitled ``National 
Park of American Samoa, Proposed Boundary Adjustment'', 
numbered 82,035 and dated Feb 2002, pursuant to an agreement 
with the Governor of American Samoa and contingent upon the 
lease to the Secretary of the newly added lands. As soon as 
practicable after a boundary adjustment under this paragraph, 
the Secretary shall modify the maps referred to in paragraph 
(1) accordingly.

           *       *       *       *       *       *       *


                                  
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