[House Report 109-429]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-429

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     JAMES CAMPBELL NATIONAL WILDLIFE REFUGE EXPANSION ACT OF 2005

                                _______
                                

 April 25, 2006.--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 S. 1165]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 1165) to provide for the expansion of the James Campbell 
National Wildlife Refuge, Honolulu County, Hawaii, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 1165 is to provide for the expansion of 
the James Campbell National Wildlife Refuge, Honolulu County, 
Hawaii.

                  BACKGROUND AND NEED FOR LEGISLATION

    The James Campbell National Wildlife Refuge on the Hawaiian 
island of Oahu was administratively created on December 17, 
1976, with the closure of the Kahuku Sugar Mill. Together with 
the Oahu Forest National Wildlife Refuge and the Pearl Harbor 
National Wildlife Refuge, they comprise the Oahu National 
Wildlife Refuge Complex which was created to protect Hawaii's 
endangered waterbird populations.
    James Campbell was a 24-year old carpenter who arrived in 
Lahaina, Maui, in 1850 aboard a whaling vessel departed from 
New York. During the next fifty years he acquired a 
considerable amount of property on the islands of Hawaii, Maui 
and Oahu, established a number of highly successful sugar 
mills, commissioned the first artesian well in Hawaii and 
served in the Hawaiian State Legislature. The Campbell estate 
family trust was established upon his death. Today, the estate 
is one of Hawaii's largest private landowners. The trust 
arrangement which was established for his widow and four 
surviving daughters will terminate on January 20, 2007. The 
pending termination has stimulated interest by the trustees to 
divest some land holdings.
    The James Campbell National Wildlife Refuge, located on the 
north shore of Oahu, is currently 260 acres of land that was 
purchased from the estate by the U.S. Fish and Wildlife 
Service. This land is divided into two non-contiguous segments 
known as the Kii and Punamano Pond units. It is comprised of a 
mix of naturally occurring spring-fed marshes, man-made ponds, 
freshwater springs and water impoundments. While there are 
approximately 75 endangered species of plants and animals 
residing within the Refuge, it was specifically established to 
protect four highly imperiled species of waterbirds: Hawaiian 
coot, Hawaiian duck, Hawaiian moorhen and Hawaiian stilt. The 
Service is currently negotiating with the Campbell estate to 
acquire additional high-value wetlands that would provide 
essential habitat for migratory birds, shore birds and other 
waterfowl. These lands are critical to the survival of these 
birds because nearly 90 percent of the wetlands on the island 
of Oahu have been destroyed. The Refuge is open to the public 
from August 1st to February 15th each year and is closed for 
the stilt breeding season.
    Under the terms of this legislation, the Refuge would be 
increased by approximately 800 acres of land. This target 
property is owned by the James Campbell estate which has 
indicated it is willing to sell this land to either a private 
conservation organization or the Fish and Wildlife Service. By 
purchasing this property, the Fish and Wildlife Service would 
connect the two existing units of the Refuge, historical 
wetland habitat would be restored, a new protected flyway would 
be created and the U.S. Army Corps of Engineers would have the 
opportunity to provide some badly needed flood protection for 
the neighboring town of Kahuku. In addition, this refuge 
expansion would protect the last remaining large scale coastal 
dune ecosystem on Oahu, preserve native strand plants, and 
protect coastal wildlife including threatened green sea 
turtles, migratory shorebirds and endangered Hawaiian monk 
seals.
    There are currently ten tenants who are involved in shrimp 
aquaculture activities within the proposed boundary expansion 
area. According to the Ko'olau Loa Agriculture Coalition, these 
farms represent about 50 jobs and more than $20 million in 
capital investments over a thirty-year period. Based on 
information provided to the Subcommittee on Fisheries and 
Oceans, three tenants are operating on month-to-month leases 
and the remaining seven tenants have existing leases that 
expire prior to 2014. In addition, all tenants were advised in 
2001 that the Campbell estate was selling the property; the 
U.S. Fish and Wildlife Service has offered lease extensions to 
five tenants through 2023 contingent on federal acquisition of 
the property.

                            COMMITTEE ACTION

    S. 1165 was introduced on June 6, 2005, by Senators Daniel 
Inouye (D-HI). It was passed by the Senate by unanimous consent 
on December 16, 2005. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee 
Fisheries and Oceans. On March 29, 2006, the Full Resources 
Committee met to consider the bill. The Subcommittee on 
Fisheries and Oceans was discharged from further consideration 
of the bill by unanimous consent. No amendments were offered 
and the bill was 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 the 
James Campbell National Wildlife Refuge, Honolulu County, 
Hawaii.
    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:

S. 1165--James Campbell National Wildlife Refuge Expansion Act of 2005

    S. 1165 would establish a statutory boundary for the James 
Campbell National Wildlife Refuge in Hawaii. CBO estimates that 
implementing the legislation would cost about $20 million over 
the next five years, assuming appropriation of the necessary 
amounts. Enacting S. 1165 would not affect direct spending or 
revenues.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    S. 1165 would expand the boundary of the James Campbell 
National Wildlife Refuge, which was established 
administratively in 1976, to include a total of about 1,100 
acres. The act would authorize the U.S. Fish and Wildlife 
Service (USFWS) to acquire land within the new boundary, 
subject to the availability of appropriated funds. Based on 
information provided by the USFWS and assuming appropriation of 
the necessary amounts, CBO estimates that the agency would 
spend $19 million over the next three years to purchase about 
750 acres of land that would be added by the bill to the 
refuge's administrative boundary. About half of this land, 
worth an estimated $7 million, is the subject of an existing 
agency proposal to expand the refuge administratively and might 
be purchased even in the absence of this legislation (but 
possibly not for several years). We estimate that the USFWS 
would spend about $500,000 a year to restore and manage the 
acreage added by the act once it has been acquired.
    On December 5, 2005, CBO transmitted a cost estimate for S. 
1165 as ordered reported by the Senate Committee on Environment 
and Public Works on November 17, 2005. The two versions of the 
legislation are the same as are the estimated costs.
    The CBO contact for this estimate is Deborah Reis, who can 
be reached at 226-2860. This 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

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

                                  
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