[Senate Report 107-272]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 589
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-272
======================================================================
 
   PU'UHONUA O HONAUNAU NATIONAL HISTORICAL PARK ADDITION ACT OF 2002

                                _______
                                

              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. 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

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                                
