[Senate Report 110-161]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 359
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-161

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



 
NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION REAUTHORIZATION ACT 
                                OF 2007

                                _______
                                

               September 17, 2007.--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 S. 1728]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1728) to amend the National Parks and 
Recreation Act of 1978 to reauthorize the Na Hoa Pili O Kaloko-
Honokohau Advisory Commission, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                Purpose

    The purpose of S. 1728 is to reauthorize the Na Hoa Pili O 
Kaloko-Honokohau (The Friends of Kaloko-Honokohau) advisory 
commission through December 31, 2017.

                          Background and Need

    Kaloko-Honokohau National Historical Park, located on the 
western coast of the Island of Hawaii, was established in 1978 
to provide for the preservation, interpretation, and 
perpetuation of traditional native Hawaiian activities and 
culture, to demonstrate historic land use patterns, and to 
provide for the education, enjoyment, and appreciation of 
traditional native Hawaiian activities and culture.
    Section 505(f) of the park's enabling legislation (16 
U.S.C. 396d(F)(7)) established an advisory commission for the 
park, the Na Hoa Pili O Kaloko-Honokohau (The Friends of 
Kaloko-Honokohau). The commission is composed of nine members 
appointed by the Secretary of the Interior, at least five of 
whom are selected from nominations provided by native Hawaiian 
organizations. The advisory commission originally had a term of 
10 years, expiring in 1988. The commission was reestablished 
for another 10 years in 1996. S. 1728 would extend the advisory 
commission through the end of 2017.

                          Legislative History

    S. 1728 was introduced by Senator Akaka on June 28, 2007. 
The Subcommittee on National Parks held a hearing on the bill 
on July 12, 2007.
    At its business meeting on July 25, 2007, the Committee on 
Energy and Natural Resources ordered S. 1728 favorably 
reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1728.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Na Hoa Pili O 
Kaloko-Honokohau Advisory Commission Reauthorization Act of 
2007.''
    Section 2 amends section 505(f)(7) of the National Parks 
and Recreation Act of 1978 (16 U.S.C. 396d(f)(7)) to 
reauthorize the Na Hoa Pili O Kaloko-Honokohau Advisory 
Commission through December 31, 2017.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                                     July 30, 2007.
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 S. 1728, the Na Hoa 
Pili O Kaloko-Honokohau Advisory Commission Reauthorization Act 
of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1728--Na Hoa Pili O Kaloko-Honokohau Advisory Commission 
        Reauthorization Act of 2007

    S. 1728 would extend through December 31, 2017, the life of 
the Na Hoa Pili O Kaloko-Honokohau Advisory Commission. The 
previous authority for the commission expired in November 2006.
    CBO estimates that implementing S. 1728 would have no 
significant effect on the federal budget and would not affect 
direct spending or revenues. In past years, the advisory 
commission has typically received funds from appropriations to 
the National Park Service of less than $20,000 a year.
    S. 1728 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    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 S. 1728. 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 S. 1728, as ordered reported.

                        Executive Communications

    The testimony provided by the National Park Service at the 
July 12, 2007 Subcommittee hearing on S. 1728 follows:

    Statement of Katherine H. Stevenson, Acting Assistant Director, 
  Business Services, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you today to present the Department of the Interior's 
views on S. 1728, a bill to amend the National Parks and 
Recreation Act of 1978 to reauthorize the Na Hoa Pili o Kaloko-
Honokohau Advisory Commission.
    The Department supports enactment of S. 1728. This 
legislation, which would reestablish the advisory commission 
for Kaloko-Honokohau National Historical Park for ten years, 
would enable the National Park Service to benefit from the 
advice and counsel of Hawaiian residents who have expertise in 
Native Hawaiian language, history, and cultural arts during a 
period when the park will be engaged in projects critical to 
the interpretation of traditional Native Hawaiian activities 
and culture.
    ``Na Hoa Pili o Kaloko-Honokohau,'' which means ``Friends 
of Kaloko-Honokohau,'' is the name of the advisory commission 
that was authorized for ten years as part of the original 1978 
authorization for the park (Public Law 95-625), and that was 
reestablished for ten years, after a lapse, in 1996 (Public Law 
104-333). S. 1728 would authorize the reestablishment of the 
commission effective upon the date of enactment, to last until 
December 31, 2017. The composition, purpose, and 
responsibilities of the commission would remain as provided for 
under existing law.
    From the beginning, the law has provided for the commission 
to advise the National Park Service with respect to the 
historical, archeological, cultural, and interpretive programs 
of the park, affording particular emphasis to the quality of 
traditional Native Hawaiian culture demonstrated in the park. 
It was helpful to have the commission's sound, pragmatic, and 
critical advice on these matters during the initial stages of 
establishing the park. It will be equally helpful to receive 
such advice over the next decade, particularly on two major 
projects--design and construction of traditional structures 
that will serve as a cultural center, and completion of the 
restoration of the historic Kaloko fishpond.
    The advisory commission would provide advice in the 
planning and design of the thatched structures made of local 
natural materials that will house traditional Native Hawaiian 
cultural activities. Once the structures are built, the 
commission would provide guidance in the interpretation of 
cultural activities, make recommendations on the preservation, 
interpretation, and perpetuation of traditional Native Hawaiian 
culture, and facilitate the participation of Native Hawaiians, 
especially the kupuna, or elders, in activities.
    The commission would also continue to provide advice 
concerning the reconstruction and interpretation of the 
centuries-old fishpond, an enclosure contained by 30-foot-wide 
stone seawalls, where restorers are practicing the native 
traditional masonry work under the guidance of some of the 
finest masons in Hawaii. This impressive reconstruction 
represents both the general cultural significance of fishponds 
and the uniqueness of engineering and management skills of 
Native Hawaiians. The commission would help ensure that the 
significance of the fishpond to Native Hawaiian culture and 
history is fully and accurately interpreted.
    The advisory commission has been instrumental in 
facilitating the collaborative partnership that the National 
Park Service has developed with the Native Hawaiian community. 
With enactment of S. 1728, we will look forward to another 
decade of assistance from the commission in fulfilling the 
mandate of the enabling legislation for the park--the 
preservation, interpretation, and perpetuation of traditional 
Native Hawaiian activities and culture, the demonstration of 
historic land use patterns, and the provision of education, 
enjoyment, and appreciation of such traditional Native Hawaiian 
activities and culture by local residents and visitors.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions you or other 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 
S. 1728, 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):

              Public Law 95-625--Nov. 10, 1978, as Amended


 AN ACT To authorize additional appropriations for the acquisition of 
 lands and interests in lands within the Sawtooth National Recreation 
                             Area in Idaho

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,

                   SHORT TITLE AND TABLE OF CONTENTS

    Section 1. This Act may be cited as the ``National Parks 
and Recreation Act of 1978''.

           *       *       *       *       *       *       *


               KALOKO-HONOKOHAU NATIONAL HISTORICAL PARK

    Sec. 505. (a)(1) In order to provide a center for the 
preservation, interpretation, and perpetuation of traditional 
native Hawaiian activities and culture, and to demonstrate 
historic land use patterns as well as to provide a needed 
resource for the education, enjoyment, and appreciation of such 
traditional native Hawaiian activities and culture by local 
residents and visitors, there is established the Kaloko-
Honokohau Park (hereinafter in this section referred to as the 
``park'') in Hawaii comprising approximately one thousand three 
hundred acres as generally depicted on the map entitled 
``Kaloko-Honokohau National Historical Park,'' numbered KHN-
80,000, and dated May 1978.

           *       *       *       *       *       *       *

    (f) There is hereby established the Kaloko-Honokohau Na Hoa 
Pili O Kaloko-Honokohau (The Friends of Kaloko-Honokohau) an 
Advisory Commission for the park. The Commission shall be 
composed of nine members, appointed by the Secretary, at least 
five of whom shall be selected from nominations provided by 
native Hawaiian organizations. All members of the Commission 
shall be residents of the State of Hawaii, and at least six 
members shall be native Hawaiians. Members of the Commission 
shall be appointed for five-year terms except that initial 
appointment(s) shall consist of two members appointed for a 
term of five years, two for a term of four years, two for a 
term of three years, two for a term of two years, and one for a 
term on one year. No member may serve more than one term 
consecutively.

           *       *       *       *       *       *       *

    (7) The Advisory Commission shall terminate [ten years 
after the date of enactment of the Na Hoa Pili Kaloko-Honokohau 
Re-establishment Act of 1996] on December 21, 2017.

           *       *       *       *       *       *       *


                                  
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