[Senate Report 109-191]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 303
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-191

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     JAMES CAMPBELL NATIONAL WILDLIFE REFUGE EXPANSION ACT OF 2005

                                _______
                                

                December 8, 2005.--Ordered to be printed

 Filed under authority of the order of the Senate of November 18, 2005

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 1165]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1165) to provide for the expansion of the 
James Campbell National Wildlife Refuge, Honolulu County, 
Hawaii, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                    General Statement and Background

    The James Campbell National Wildlife Refuge (Refuge) is 
located near Kahuku Point on the northeastern tip of the Island 
of Oahu and is part of the City and County of Honolulu, Hawaii. 
The Refuge was established on December 17, 1976, through a 55-
year lease between the Estate of James Campbell (Estate) and 
the U.S. Fish and Wildlife Service (Service). Two refuge units 
are separated by approximately one mile of open space used for 
agricultural purposes. The Refuge is managed to provide optimum 
recovery habitat for all four endangered Hawaiian waterbird 
species. A multitude of wintering migratory waterfowl and 
migratory shorebird species also thrive on the Refuge units. 
Through careful management, the Refuge has become the premier 
recovery site on Oahu for endangered Hawaiian stilts, coots, 
moorhens, and ducks. It also serves as an important site for 
wildlife-dependent public use featuring wildlife observation 
and photography and environmental education and interpretation.
    The principal land acquisition authority for the Refuge has 
been the Endangered Species Act (16 U.S.C. 1531-1543), as 
amended, and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-
742j), as amended. Authority for acquiring additional lands 
could also be derived from the Emergency Wetlands Resources Act 
(16 U.S.C. 3901-3931), which authorizes the purchase of 
wetlands that are not acquired under the authority of the 
Migratory Bird Conservation Act, consistent with the wetlands 
priority conservation plan.

                     Objectives of the Legislation

    S. 1165 would expand the Refuge boundary to include 
additional lands currently owned in fee by the Estate of James 
Campbell. The expansion would provide additional habitat, 
including shoreline, freshwater wetlands and sand dunes, as 
well as make the current refuge units contiguous. Expanding the 
Refuge boundary to allow for the acquisition of additional 
lands for habitat conservation from a willing seller will also 
prevent the land from being sold at a later time and used for 
development, thus protecting the habitat value of the land and 
the existing Refuge units.

                      Section-by-Section Analysis

Section 1. Short title.
    This section provides that this Act may be cited as the 
``James Campbell National Wildlife Refuge Expansion Act of 
2005''.
Sec. 2. Findings.
    This section provides congressional findings supporting the 
need for the Act.
Sec. 3. Definitions.
    This section provides definitions for terms relevant to the 
Act.
Sec. 4. Expansion of Refuge.
    This section expands the boundary of the refuge to include 
approximately 1,100 acres of land depicted on a map dated 
October 20, 2005 on file in the office of the U.S. Fish and 
Wildlife Service.
Sec. 5. Acquisition of land and water.
    This section provides the authority for the Secretary of 
the Interior to acquire, subject to the availability of 
appropriated funds, any land, water or interest within the 
boundary of the refuge.
Sec. 6. Authorization of appropriations.
    This section authorizes to be appropriated such sums as are 
necessary to carry out the Act.

                          Legislative History

    On June 6, 2005, Senator Inouye introduced S. 1165, which 
was cosponsored by Senator Akaka. The bill was received, read 
twice and referred to the Senate Committee on Environment and 
Public Works. The committee met on November 17, 2005 to 
consider the bill. S. 1165 was ordered favorably reported, as 
amended, by voice vote.

                                Hearings

    No committee hearings were held on S. 1165.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1165 on November 17, 2005. The committee agreed to 
an amendment offered jointly by Senator Inhofe and Senator 
Jeffords by voice vote. The bill was ordered favorably 
reported, as amended, by voice vote. No roll call votes were 
taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1165 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1165 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                              ----------                              

S. 1165, James Campbell National Wildlife Refuge Expansion Act of 2005, 
        As ordered reported by Senate Committee on Environment and 
        Public Works on November 17, 2005
    S. 1165 would establish a statutory boundary for the James 
Campbell National Wildlife Refuge in Hawaii. CBO estimates that 
implementing S. 1165 would cost about $20 million over the next 
5 years, assuming appropriation of the necessary amounts. 
Enacting the bill 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 bill 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 3 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 bill once it has been acquired.
    The CBO contact for this estimate is Deborah Reis. This 
estimate was approved by Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.