[Senate Report 107-270]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 587
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-270
======================================================================
 
                    NATIONAL PARK OF AMERICAN SAMOA

                                _______
                                

               September 11, 2002.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural 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 Energy and Natural Resources, to which was 
referred the Act (H.R. 1712) 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, having considered the same, reports favorably thereon 
without amendment and recommends that the Act do pass.

                                Purpose

    The purpose of H.R. 1712 is to authorize the Secretary of 
the Interior to expand the boundaries of the National Park of 
American Samoa to include more than 2,860 acres of land and 
reef on the islands of Ofu and Olosega within the park.

                          Background and Need

    The National Park of American Samoa was established in 1988 
by Public Law 100-571. That Act provided that the park would 
only be established when the Governor of American Samoa entered 
into a 50-year lease with the United States to protect the 
park. The park provides recreation and preserves the habitat of 
the hawksbill and green sea turtles, both endangered species. 
Additionally, the park is home for a species of flying fox, now 
under study for listing as an endangered species. The park is 
also the only paleotropical rainforest in the United States. 
The National Park Service manages, via a 50-year lease, 9,000 
acres of land and water on the islands of Tutuila, Ofu and 
Ta'u.
    Currently, the National Park Service 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 help to diversify visitor use and lessen 
impact on the reef. In addition a high concentration of 
medicinal plants growing in the area are currently disappearing 
and would benefit from protection.
    Several important archaeological resources are also 
included on the proposed addition on Olosega. H.R. 1712 would 
authorize, subject to lease negotiations, the addition of 
approximately 1,009 acres on land and 953 around the reef on 
the island of Olosega and approximately 497 acres on land and 
581 around the reef on the island of Ofu.

                          Legislative History

    H.R. 1712 was introduced by Representative Faleomavaega on 
May 3, 2001. The bill passed the House of Representatives by a 
voice vote on March 19, 2002. The Subcommittee on National 
Parks held a hearing on H.R. 1712 on June 12, 2002. At the 
business meeting on July 31, 2002, the Committee on Energy and 
Natural Resources ordered H.R. 1712 favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 31, 2002, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 1712. At the 
business meeting on July 31, 2002, the Committee on Energy and 
Natural Resources ordered H.R. 1712 favorably reported.

                      Section-by-Section Analysis

    Section 1 amends section 2(b) of the Act establishing the 
National Park of American Samoa (16 U.S.C. 410qq-1(b)). The 
bill authorizes the Secretary of the Interior to make 
adjustments to the boundary of the park to include portions of 
the islands of Ofu and Olosega, in accordance with an agreement 
with the Governor of American Samoa and contingent upon the 
lease to the Secretary of the newly added lands. Once the 
boundary adjustment has been completed, the Secretary shall 
modify the appropriate maps.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 8, 2002.
Hon. Jeff Bingaman,
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 H.R. 1712, an act 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,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 1712--An act 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 legislation 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.
    On March 5, 2002, CBO transmitted a cost estimate for H.R. 
1712 as ordered reported by the House Committee on Resources on 
February 27, 2002. The two versions of the legislation are 
identical, as are the cost estimates.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
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 H.R. 1712. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
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 the 
enactment of H.R. 1712, as ordered reported.

                        Executive Communications

    The pertinent legislative report received by the Committee 
from the Department of the Interior setting forth Executive 
agency recommendations relating to H.R. 1712 is set forth 
below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                     Washington, DC, July 24, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on H.R. 1712, a bill to authorize 
the Secretary of the Interior to make minor adjustments to the 
boundary of the National Park of American Samoa, to include 
certain lands of the islands of Ofu and Olosega within the 
park, and for other purposes. The House passed this legislation 
on March 19, 2002.
    The Department does not oppose H.R. 1712. This legislation 
will provide authority for the Secretary of the Interior to 
adjust the boundary of the National Park of American Samoa to 
include up to approximately 1,000 acres of land on the island 
of Olosega, up to approximately 450 acres on the island of Ofu, 
and approximately 1,500 acres of ocean waters offshore of 
Olosega and Ofu. The lands on the island of Olosega and the 
adjacent offshore waters will add important cultural, 
biological and marine resources to the national park. The lands 
on the island of Ofu will ensure the long-term protection of 
important and fragile coral reef resources presently within the 
national park.
    Proposed additions on Ofu contain excellent wildlife and 
coral reef habitats. Currently, only a strip of sand beach and 
the associated coral reef are within the national park boundary 
on Ofu. This coastal area contains a world-class coral reef 
area of remarkably high diversity and beauty. The proposed 
addition would protect the upland watershed so that the coral 
reef would not be impaired by non-park developments. Coastal 
areas on the north side of Ofu are proposed because of the 
exceptionally healthy and diverse coral communities found 
there, and because the north shores of Ofu and Olosega are 
connected and constitute a single coral reef ecosystem.
    The archeological resources found on Olosega between the 
300 and 800-foot elevations are not only important, but are 
unique in American Samoa. Unique to Olosega are the number of 
star mounds and what appears to be a remnant agro-forestry 
system. Archeological reconnaissance surveys carried out on 
Olosega in July 1999 by the National Park Service and the 
University of North Dakota's Department of Anthropology 
identified 31 star mounds, 46 modified terraces, 14 house 
platforms, an elevated grave site believed to be associated 
with the Tui Olosega (King of Olosega), and numerous stone 
tools. Star mounds are massive rock platforms with radiating 
arms built by the ancient Samomans for cultural and sporting 
events. Up until 1999, star mounds wereknown to exist only on 
Upolo (in Samao) and Tutuila islands. Archaeologists believe the agro-
forestry system found on Olosega, with further study, could prove to be 
an agricultural system that existed in relative equilibrium with the 
native forest system. Most of the sites and artifacts found on Olosega 
were well-preserved.
    Also in 1999, a survey of Olosega's biotic resources by the 
park's wildlife biologist found that the unoccupied portions of 
the island provide excellent habitat for native wildlife. Large 
tracts of land on Olosega remain relatively wild and the island 
is free of many of the introduced species that compete with the 
native wildlife within the park on Tutuila. In addition, 
Olosega includes the presence of the rarer bird species that 
occur in American Samoa. Fiji shrikebill, uncommon on the other 
islands, were consistently seen on Olosega during the 1999 
survey. The Friendly ground dove and the Blue-crowned lory are 
also present. The Friendly ground dove is a candidate for 
listing as an endangered species. Biologists believe the 
shrikebill found on Olosega may be a separate subspecies found 
only on the Manu's Islands.
    Although Olosega shares the same fauna found on the other 
islands of American Samoa, the species composition of the 
forest trees is somewhat unique. The 1999 survey found a high 
concentration of Samoan medicinal plants. Many of these 
medicinal plants are disappearing from the native forests of 
Samoa. The survey also found that the area between the 200 and 
800-foot elevation represented a traditional mixed agro-
forestry system developed over decades of manipulation and 
cultural use. The system appeared to be relatively stable and 
may have reached a sustainable equilibrium.
    Small populations of two species of flying foxes are 
believed to exist on Olosega. Protection of these fruit-eating 
bats is included in the park's enabling legislation. In 
addition, there are indications that a few individuals of the 
nearly extirpated sheath-tailed bat are present on Olosega. 
This small insectivorous bat is a candidate for listing as an 
endangered species and is not currently found within the 
existing boundary of the park.
    The coastal and marine areas of Olosega contain rich coral 
and fish communities and would complement the Ofu reef 
currently included within the park boundary. Surveys have found 
that Olosega's offshore waters are among the richest and most 
densely populated with fish species in the entire Samoan 
archipelago. Both the endangered Hawksbill and the threatened 
Green sea turtles are present in Olosega's offshore waters. The 
U.S. Fish and Wildlife Service and the National Marine 
Fisheries Service believe that the Hawksbill turtle is a 
species rapidly approaching extinction, making its protection 
in Olosega's reefs and offshore waters of vital importance.
    The law that established the National Park of American 
Samoa does not provide the authority for the National Park 
Service to acquire park lands, but instead requires that lands 
must be leased from the Governor of American Samoa. Lands 
within the authorized boundary expansion would be added to the 
park incrementally, based on future discussions with village 
landowners and modification of the existing lease. The park's 
enabling legislation places the responsibility for determining 
the rental value of lands to be leased for the national park 
with the High Court of American Samoa. As a point of reference, 
the park currently leases approximately 8,000 acres for 
$419,000 annually. The offshore waters would be leased from the 
Government of American Samoa at no cost. No development is 
contemplated within the boundary adjustment areas, so no line-
item construction or significant development costs are 
anticipated in connection with H.R. 1712.
    In March 1998, the Olosenga Village Council noted in a 
letter to American Samoa's Congressional representative, 
Congressman Eni F.H. Faleomavaega, that the national park has 
contributed much to the preservation of Samoan culture, the 
rainforest and the coral reef. In addition, the council noted 
that the park has also been a positive factor to the economic 
well-being of the territory through tourism and lease payments 
to the villages in the park. The village council of Olosega 
expressed its support for expansion of the park boundaries, and 
we are pleased that this has been a grassroots effort supported 
by the community.
    Also significant would be inclusion of the coral reefs 
around portions of Olosega within the national park, which 
would further the Governor's directive to local agencies to 
protect 20 percent of the territory's coral reefs. At present, 
only about six percent of the territory's reefs are in 
protected areas.
    At the House hearing on February 14, 2002, we recommended 
two technical amendments, which the House included in the bill 
that passed on March 19, 2002.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerly,
                                      Craig Manson,
                               Assistant Secretary for Fish
                                            and Wildlife and Parks.

                        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 Act H.R. 1712, 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 100-571, 100th Congress


        AN ACT To establish the National Park of American Samoa

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. FINDINGS AND PURPOSES.

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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 America 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 part to correspond with the appropriate village 
boundaries and modify the maps accordingly. The maps should 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'', number 82,035 and dated February 2002, pursuant 
to an agreement with the Governor of America 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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