[House Report 108-522]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-522

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



 
      KILAUEA POINT NATIONAL WILDLIFE REFUGE EXPANSION ACT OF 2004

                                _______
                                

  June 3, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 2619]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2619) to provide for the expansion of Kilauea Point 
National Wildlife Refuge, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Kilauea Point National Wildlife Refuge 
Expansion Act of 2004'' .

SEC. 2. EXPANSION OF KILAUEA POINT NATIONAL WILDLIFE REFUGE.

  (a) In General.--The Secretary of the Interior may acquire by 
donation, purchase with donated or appropriated funds, or exchange, all 
or a portion of the land or interests in land described in subsection 
(b), as depicted on a map on file with the United States Fish and 
Wildlife Service entitled ``Kilauea Point Wildlife Refuge Expansion 
Area'' and dated April 22, 2004.
  (b) Description of Land.--The land referred to in subsection (a) is 
the following:
          (1) Parcel 1, consisting of approximately 12 acres known as 
        the Kilauea Bay property.
          (2) Parcel 2, consisting of approximately 40 acres known as 
        the Kilauea Vistas property.
          (3) Parcel 3, consisting of approximately 162 acres known as 
        the Kilauea Falls Ranch.
          (4) Parcel 4, consisting of approximately 5 acres known as 
        the Kauai Public Land Trust Kahili Beach property.
          (5) Parcel 5, comprised of lot 10c of the parcel known as 
        Kilauea Garden Farms, and consisting of approximately 15 acres.
  (c) Boundary Revisions.--The Secretary may make such minor revisions 
in the boundaries of any of the parcels described in subsection (b) as 
may be appropriate to facilitate the acquisition of land or interests 
under subsection (a).
  (d) Inclusion in Refuge.--Land and interests acquired under this 
section shall become part of the Kilauea Point National Wildlife 
Refuge.
  (e) Manner of Acquisition.--All acquisitions of land or waters under 
this Act shall be made in a voluntary manner and shall not be the 
result of forced takings.
  (f) Additional Purposes.--In addition to the purposes of the Refuge 
under other laws, regulations, Executive orders, and comprehensive 
conservation plans, the Refuge shall be managed for--
          (1) the protection and recovery of endangered Hawaiian water 
        birds and other endangered birds, including the Nene (Hawaiian 
        goose); and
          (2) the conservation and management of native coastal strand, 
        riparian, and aquatic biological diversity.
  (g) Priority General Public Uses.--Nothing in this Act shall be 
considered to affect any policy or requirement, under paragraph (3) or 
(4), respectively, of section 4(a) of the National Wildlife Refuge 
Administration Act of 1966 (16 U.S.C. 668dd(a)), to treat compatible 
wildlife-dependent recreational uses as priority general public uses of 
the Refuge.

SEC. 3. ADMINISTRATION.

  (a) In general.--The Secretary shall administer all federally owned 
land, water, and interests in land and water that are located within 
the boundaries of the Kilauea Point National Wildlife Refuge in 
accordance with--
          (1) the National Wildlife Refuge System Administration Act of 
        1966 (16 U.S.C. 668dd et seq.); and
          (2) this Act.
  (b) Additional authority.--The Secretary may, in the administration 
of the Kilauea Point National Wildlife Refuge, use such additional 
statutory authority available to the Secretary for the conservation of 
fish and wildlife, and the provision of opportunities for fish- and 
wildlife-dependent recreation, as the Secretary determines to be 
appropriate to carry out this Act.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as may be 
necessary--
          (1) to acquire land and water within the Refuge under section 
        2(a); and
          (2) to develop, operate, and maintain the Refuge.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2619 is to provide for the expansion of 
Kilauea Point National Wildlife Refuge.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Kilauea Point National Wildlife Refuge on the Hawaiian 
island of Kauai was established on December 19, 1984. The 
initial size of the Refuge was 31 acres containing the historic 
Kilauea Lighthouse. This land was transferred to the U.S. Fish 
and Wildlife Service from the U.S. Coast Guard. In 1988, the 
Congress expanded the size of the Refuge with the enactment of 
Public Law 100-653. This law authorized the Secretary of the 
Interior to acquire certain additional adjacent lands, 
specifically Crater Hill and Mikolea Point, for inclusion 
within the Refuge. These lands were to be used to: construct 
and maintain public access foot trails; construct an access 
road; acquire, or construct, and maintain a fence to protect 
wildlife; conduct native plant restoration and wildlife 
enhancement activities; and establish a recreation area in the 
vicinity of Kahili Bay. The Refuge is now 203 acres and it is 
one of few Refuges open to the public in the State. It is 
estimated that 400,000 people visited Kilauea Point last year.
    The Kilauea Lighthouse was purchased from the heirs of a 
Yankee whaler named Charles Titcomb, who had acquired a large 
parcel of land on Kauai's North Shore in 1863. The federal 
government purchased the 31 acre Point and 5 acre islet for 
only $1 in 1909. Due to the porous volcanic rock on the Point, 
a deep concrete pad had to be poured for the lighthouse 
foundation. The finished tower rose 52-feet tall and cast its 
beam from 216-feet above the sea. Total cost for the structure 
was $77,982, of which $12,000 went for its magnificent 
clamshell lens which is the largest in the world. The 
lighthouse was completed in 1913. The Coast Guard operated this 
facility, which was a valuable navigational aid to thousands of 
commercial vessels and boats that sailed between Hawaii and 
Asia, until 1976. At that time, the Coast Guard deactivated the 
lighthouse, reassigned the three lighthouse keepers and 
installed an automated beacon. The lighthouse was placed on the 
National Register of Historic Places in 1979.
    The current boundaries of the Refuge provide essential 
habitat for a diverse population of nesting, feeding and 
resting native seabirds including seven endangered avian 
species such as the Hawaiian moorhen, Hawaiian stilt, Hawaiian 
coot, Koloa duck, and the official state bird, the Hawaiian 
goose, which is better known as the nene. This Refuge is the 
only such sanctuary for endangered birds on the island of 
Kauai. In addition, there are a number of listed native 
Hawaiian plants including ahea'hea, akoko, hala, ilima and 
naupaka found within the Refuge boundaries.
    Kilauea Point, which is located on the northernmost tip of 
the island, provides a safe harbor for highly endangered 
Hawaiian monk seals, humpback whales, Laysan albatross, Pacific 
golden plovers, Red-footed boobbies, Wedge-tailed shearwaters 
and the great frigate birds. While the Refuge does not have an 
official Friends Group, there are more than 150 members of the 
Kilauea Point Natural History Association who volunteer their 
time to conduct guided tours, provide interpretative 
information and operate the refuge visitor's center.
    Under the terms of H.R. 2619, the Secretary of Interior is 
authorized to acquire all or a portion of the 234 acres 
designated in the bill. This land is comprised of five separate 
parcels of land owned by private individuals who have expressed 
a willingness to sell or donate the property for inclusion 
within the refuge. The purposes of this measure are the 
protection and recovery of endangered Hawaiian waterbirds and 
the endangered nene and the conservation and management of 
native coastal strand, riparian and aquatic biological 
diversity.

                            COMMITTEE ACTION

    H.R. 2619 was introduced on June 26, 2003, by Congressman 
Ed Case (D-HI). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On September 25, 
2003, the Subcommittee held a hearing on the bill. On April 22, 
2004, the Subcommittee met to mark up the bill. Mr. Gilchrest 
(R-MD) offered an amendment in the nature of a substitute that 
clarified that the owners may donate the property to the 
federal government, all acquisitions shall be made in a 
voluntary manner and shall not be the result of forced takings 
and that the priority uses shall include fishing, wildlife 
observation, photography and environmental education. The 
amendment was adopted by unanimous consent. The bill was then 
ordered favorably reported to the Full Committee by unanimous 
consent. On May 19, 2004, the Full Resources Committee met to 
consider the bill. There were no further amendments offered and 
the bill was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            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 of the Constitution of the United 
States grants 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. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for the expansion of 
Kilauea Point National Wildlife Refuge.
    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, May 28, 2004.
Hon. Richard W. Pombo,
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. 2619, the Kilauea 
Point National Wildlife Refuge Expansion Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
    Sincerely,
                                      Elizabeth M. Robinson
                                         (For Douglas Holtz-Eakin).
    Enclosure.

H.R. 2619--Kilauea Point National Wildlife Refuge Expansion Act of 2004

    Summary: H.R. 2619 would authorize the Secretary of the 
Interior to acquire land for inclusion in the Kilauea Point 
National Wildlife Refuge in Hawaii. CBO estimates that 
implementing H.R. 2619 would cost $6 million in 2005 and $18 
million over the next five years, assuming appropriation of the 
necessary amounts. Enacting the bill would not affect direct 
spending or revenues.
    H.R. 2619 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would have no significant impact on the budget of state, or 
tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2619 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

------------------------------------------------------------------------
                                         By fiscal year, in millions of
                                                   dollars--
                                      ----------------------------------
                                        2005   2006   2007   2008   2009
------------------------------------------------------------------------
              Changes in Spending Subject to Appropriations

Estimated authorization level........      6     12      *      *      *
Estimated outlays....................      6     12      *      *      *
------------------------------------------------------------------------
Note.--* = Less than $500,000.

    Basis of estimate: H.R. 2619 would authorize the Secretary 
of the Interior to acquire, by purchase or donation, five 
parcels of privately owned property for inclusion in the 
Kilauea Point National Wildlife Refuge in Hawaii. Based on 
information from the U.S. Fish and Wildlife Service, CBO 
estimates that implementing this legislation would cost $18 
million over the next two years and less $500,000 annually 
thereafter, assuming appropriation of the necessary amounts. 
Specifically, we estimate that the agency would spend $6 
million in 2005 and $11 million in 2006 to acquire land under 
the bill. We also estimate that the agency's administrative 
costs to expand the boundary of the refuge would total $250,000 
over the 2005-2006 period, and that ongoing costs to manage the 
expanded area and make payments to Kauai County under the 
Refuge Revenue Sharing Act would cost less than $500,000 
annually, starting in 2005.
    Intergovernmental and private-sector impact: H.R. 2619 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Selena Caldera.
    Estimate 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

    If enacted, this bill would make no changes in existing 
law.

                                  
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