[Senate Report 107-272]
[From the U.S. Government Publishing Office]
Calendar No. 589
107th Congress Report
SENATE
2d Session 107-272
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PU'UHONUA O HONAUNAU NATIONAL HISTORICAL PARK ADDITION ACT OF 2002
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September 11, 2002.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1906]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1906) to amend the Act that established
the Pu'uhonua O Honaunau National Historical Park to expand the
boundaries of that park, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
Purpose
The purpose of H.R. 1906 is to expand the boundaries of
Pu'uhonua o Honaunau National Historical Park in the State of
Hawaii to include approximately 238 acres of land. The bill
also authorizes the Secretary of the Interior to acquire 159
acres of adjacent lands and upon their acquisition, to include
such lands within the park boundary.
Background and Need
Pu'uhonua o Honaunau National Historical Park was
authorized by Congress in 1955 and formally established in
1961. The park was originally designated as the City of Refuge
National Historical Park, and later renamed in 1978. The park
encompasses approximately 180 acres on the western coast of the
island of Hawaii.
The park preserves the site where Hawaiians who broke kapu
(one of the ancient laws used to balance and protect the laws
of nature) could avoid certain death by fleeing to a place of
refuge or ``pu'uhonua.'' Defeated warriors and non-combatants
also found refuge here during times of battle. The grounds just
outside the wall that encloses the pu'uhonua were home to
several generations of powerful royalty and their families.
Occupation of the site has been dated from 1100 A.D., and the
area has been used as a place of refuge, with related villages
and agriculture, for most of its history. Although the park
contains a scenic coastline, it is most noted for its cultural,
spiritual, and archaeological features, including the
pu'uhonua, heiau, platforms, royal fishponds, sledding tracks,
and village sites.
The area to be added to Pu'uhonua o Honaunau National
Historical Park by H.R. 1906 includes significant
archaeological remains of Ki'ilae village, one of the ancient
coastal villages. As part of its study of the proposed
expansion, the National Park Service identified over 800
archaeological and historical sites, including caves, stone
platforms, heiau, burial sites, agricultural features, walled
enclosures and canoe landing sites. The lands have been
appraised at approximately $4.6 million.
Legislative History
H.R. 1906 was introduced by Representative Mink on May 17,
2001 and passed the House of Representatives by voice vote on
June 17, 2002. Identical legislation, S. 1057, sponsored by
Senators Akaka and Inouye, passed the Senate on October 17,
2001. At the business meeting on July 31, 2002, the Committee
on Energy and Natural Resources ordered H.R. 1906 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. 1906.
Section-by-Section Analysis
Section 1 entitles the bill, the ``Pu'uhonua o Honaunau
National Historic Park Addition Act of 2002.''
Section 2 amends the first section of the Act of July 26,
1955 (69 Stat. 376, ch. 385; 16 U.S.C. 397), by modifying the
boundaries of Pu'uhonua o Honaunau National Historical Park to
include approximately 238 acres of lands and authorizes the
Secretary of the Interior to acquire approximately 159 acres.
Section 3 authorizes such sums as are necessary to carry
out the Act.
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 9, 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. 1906, the
Pu'uhonua o Honaunau National Historical Park Addition Act of
2002.
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.
H.R. 1906--Pu'uhonua o Honaunau National Historical Park Addition Act
of 2002
H.R. 1906 would authorize the expansion of the Pu'uhonua o
Honaunau National Historical Park. Specifically, the act would
modify the park boundaries to add a 238-acre parcel of land
contiguous to the park, which the National Park Service (NPS)
could then acquire by purchase or donation. The legislation
would provide for additional expansion by authorizing the NPS
to acquire another 159 acres and to then redraw the park's
boundaries accordingly. Finally, H.R. 1906 would authorize the
appropriation of whatever amounts are necessary for land
acquisition and related activities.
Based on information provided by the NPS, CBO estimates
that the one-time costs to purchase and study the 238 acres
added by the legislation would be about $5 million, of which
$0.5 million was appropriated in 2002. Assuming appropriation
of the remaining amounts, we expect that the NPS would purchase
this acreage in 2003. We estimate that provisions authorizing
the acquisition of an additional 159 acres would have no
significant cost because we expect that the agency would only
acquire acreage donated by the owners. Additional costs to
administer all land added to the park as a result of the act
would be about $0.3 million annually, assuming the availability
of appropriated funds. Enacting H.R. 1906 would not affect
direct spending or receipts; 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 wouold have no significant impact on the budgets of state,
local, or tribal governments.
On August 20, 2001, CBO transmitted a cost estimate for S.
1057, the Pu'uhonua o Honaunau National Historical Park
Addition Act of 2001, as ordered reported by the Senate
Committee on Energy and Natural Resources on August 2, 2001. On
April 24, 2002, we transmitted a cost estimate for H.R. 1906 as
ordered reported by the House Committee on Resources on April
24, 2002. On July 19, 2002, we transmitted a cost estimate for
S. 1057 as ordered reported by the House Committee on Resources
on July 10, 2002. The four versions of the legislation are
identical. The estimated costs are also identified, but no
funds had been appropriated for the project at the time of our
August 2001 estimate.
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. 1906. 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. 1906, as ordered reported.
Executive Communications
On, July 30, 2002, 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 agency recommendations on H.R. 1906. These
reports had not been received at the time the report on H.R.
1906 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
Department of the Interior at the Subcommittee hearing on the
identical Senate companion measure, S. 1057, follows:
Statement of John Reynolds, Regional Director, Pacific West Region,
National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 1057, a bill to adjust
the boundaries of Pu'uhonua o Honaunau National Historical
Park.
The Department supports S. 1057. This legislation will
adjust the authorized boundary of Pu'uhonua o Honaunau National
Historical Park to include the remainder of Ki'ilae Village
within the park. The proposed expansion is located on lands
immediately adjacent to, but outside the southern park
boundary, and would add 238 acres to the 182 acres already
within the park. The addition of another 165 acres would also
be authorized if the lands are ever acquired.
Ki'ilae is an ancient Hawaiian settlement dating back to
the late 12th or early 13th centuries. The settlement remained
active until the 1930's, making it one of the last traditional
Hawaiian villages to be abandoned. The proposed boundary
adjustment consists of adding lands containing the
archaeological remains of this Hawaiian village. Lands to be
added to the park contain more than 800 archaeological sites,
structures and features. These include at least 25 caves and 10
heiau (Hawaiian temples), more than 20 rock platforms, 26 rock
wall enclosures, over 40 burial features, residential
compounds, a holua (recreational slide used by Hawaiian
royalty), canoe landing sites, a water well, numerous rock
walls and a wide range of agricultural features.
The proposed expansion dates back to a 1957 archaeological
survey conducted by the Bishop Museum. This survey found that
the greater part of the ancient village of Ki'ilae, as well as
other significant Hawaiian archaeological resources, were left
outside of the park boundaries established by Congress in 1955.
Pu'uhonua o Honaunau's 1972 Master Plan identifies Ki'ilae
Village as one of the park's major resources and the master
plan graphics show village remains extending well beyond the
existing park boundaries. In 1992, a boundary study was
prepared for the park. Both the master plan and the boundary
study call for adding the ``balance of Ki'ilae Village'' to the
park. Up until last year, the property was unavailable because
its ownership was not clear. The three heirs to the property
have now settled the ownership issue, thereby clearing the way
for the Park Service to acquire the land. S. 1057 would allow
the boundary of the park to be expanded to protect this
significant cultural resource.
In light of the President's commitment to reducing the
backlog of deferred maintenance needs within the National Park
System before incurring additional financial burdens, it is
encouraging to note that the present owner may consider
donating one portion of the property to the National Park
Service, while the other portion would be available for
purchase and has been appraised at $4.6 million. Funds to
purchase this property would be subject to NPS servicewide
priorities and the availability of appropriations. Since on
development is contemplated within the boundary adjustment
area, no line item construction or significant development
costs are anticipated, although there would be some one-time
costs after acquisition to conduct an inventory of
archaeological resources and remove non-native vegetation. We
expect that the park would seek to increase its base-operating
budget in the range of $250,000 in order to hire two additional
resource management employees, as well as two employees to
provide services such as interpretation and law enforcement.
This increase would have to compete against other demands for
limited operational funds.
There is strong local support to protect and include these
resources within the Pu'uhonua o Honaunua National Historical
Park. This reflects the high level of cooperation and strong
commitment of local communities and governments toward the
park. This kind of local support for land acquisition projects
is an important part of the Department's support for this
legislation.
That concludes my testimony. I would be glad to answer any
questions that you or the members of the subcommittee may have.
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. 1906, 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):
[69 Stat. 376]
AN ACT To authorize the establishment of the City of Refuge National
Historical Park, in the Territory 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,
when] Section 1. (a) When title to such lands located on the
island of Hawaii, within the following-described area, as shall
be designated by the Secretary of the Interior, in the exercise
of his judgment and discretion as necessary and suitable for
the purpose, shall have been vested in the United States, said
lands shall be set apart as the City of Refuge National
Historical Park, in the Territory of Hawaii, for the benefit
and inspiration of the people:
PARCEL 1
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PARCEL 3
* * * * * * *
4. Two hundred fifty-nine degrees thirty-three
minutes fifteen seconds six hundred eighty feet along
L. C. Aw. 7712: 1 to M. Kekuanaoa and passing over a
rock called Kuwaia, marked K+K at six and eight-tenths
feet to the point of beginning.
Areas, ten and twenty-five one-hundredths acres.
(b) The boundaries of Pu'uhonua o Honaunau National
Historical Park are hereby modified to include approximately
238 acres of lands and interests therein within the area
identified as ``Parcel A'' on the map entitled ``Pu'uhonua o
Honaunau National Historical Park Proposed Boundary Additions,
Ki'ilae Village'', numbered PUHO-P 415/82,013 and dated May,
2001.
(c) The Secretary of the Interior is authorized to acquire
approximately 159 acres of lands and interests therein within
the area identified as ``Parcel B'' on the map referenced in
subsection (b). Upon the acquisition of such lands or interests
therein, the Secretary shall modify the boundaries of Pu'uhonua
o Honaunau National Historical Park to include such lands or
interests therein.
* * * * * * *