[Senate Report 110-389]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 821
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-389

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



 
                         KALAUPAPA MEMORIAL ACT

                                _______
                                

                 June 16, 2008.--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. 3332]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 3332) to provide for the establishment 
of a memorial within Kalaupapa National Historical Park located 
on the island of Molokai, in the State of Hawaii, to honor and 
perpetuate the memory of those individuals who were forcibly 
relocated to the Kalaupapa Peninsula from 1866 to 1969, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the Act do pass.

                                PURPOSE

    The purpose of H.R. 3332 is to authorize the establishment 
of a memorial in Kalaupapa National Historical Park in Hawaii 
to honor and recognize those individuals who were forcibly 
relocated to the Kalaupapa Peninsula from 1866 to 1969.

                          BACKGROUND AND NEED

    Kalaupapa National Historical Park, located on the remote 
Kalaupapa Peninsula on the Island of Molokai in Hawaii, was 
established in 1980 to honor and preserve two tragic histories: 
the removal of indigenous people from the area in 1865 and 
1895, and the forced relocation and isolation of Hansen's 
Disease (leprosy) patients to the peninsula from 1866 until 
1969. The park contains the physical setting for these stories, 
including the Hansen's Disease settlements of Kalaupapa and 
Kalawao, and the churches of Siloama and Saint Philomena 
associated with the work of Father Damien and Mother Marianne 
Cope. Today the community of Kalaupapa is still home for some 
Hansen's disease patients, whose memories and experiences are 
of integral value to the park.
    H.R. 3332 would authorize the construction of a memorial to 
honor those who were forcibly removed to the Kalaupapa site.

                          LEGISLATIVE HISTORY

    S. 2502 was introduced by Senators Akaka and Inouye on 
December 18, 2007. H.R. 3332, sponsored by Representative 
Hirono, was introduced on August 2, 2007, and passed the House 
of Representatives by a voice vote on February 12, 2008. The 
Subcommittee on National Parks held a hearing on H.R. 3332 on 
April 9, 2008.
    At its business meeting on May 7, 2008, the Committee on 
Energy and Natural Resources ordered H.R. 3332 favorably 
reported, without amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present without amendment, recommends that the Senate pass H.R. 
3332.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title ``Kalaupapa Memorial Act 
of 2008''.
    Section 2 establishes a memorial within Kalaupapa National 
Historical Park.
    Subsection (a) directs the Secretary of the Interior to 
authorize, a local non-profit organization to establish a 
memorial at a suitable location with approval by the Secretary.
    Subsection (b) provides guidance on the location, size, and 
design of the memorial with approval by the Secretary.
    Subsection (c) authorizes the local non-profit organization 
to be solely responsible for financial management of the 
memorial.

                   COST AND BUDGETARY CONSIDERATIONS

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

H.R. 3332--Kalaupapa Memorial Act of 2008

    H.R. 3332 would require the National Park Service (NPS) to 
allow a nonprofit organization to establish a memorial within 
Kalaupapa National Historical Park in Hawaii. The memorial 
would honor those who were forcibly relocated to the Kalaupapa 
Peninsula settlement for patients with Hansen's disease. Based 
on information provided by the NPS, CBO estimates that 
implementing the act would have no significant effect on the 
federal budget and no effect on direct spending or revenues. As 
required by the act, the Ka'Ohana O Kalaupapa, an organization 
of Hansen's patients and others, would construct and maintain 
the memorial at its own expense.
    H.R. 3332 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no impact on the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, 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. 3332. 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. 3332, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
April 23, 2008, hearing on H.R. 3332 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 present the 
views of the Department of the Interior on H.R. 3332 and S. 
2502, bills to provide for the establishment of a memorial 
within Kalaupapa National Historical Park, located on the 
island of Molokai, in the State of Hawaii, to honor and 
perpetuate the memory of those individuals who were forcibly 
relocated to the Kalaupapa Peninsula from 1866 to 1969.
    The Department does not object to the concept of 
establishing a memorial at Kalaupapa National Historical Park. 
The Department does, however, prefer the language in H.R. 3332, 
with one minor amendment, as it clarifies the fundraising 
requirements by Ka `Ohana O Kalaupapa and the Secretary's role 
in approving the final location for the memorial.
    H.R. 3332 and S. 2502 direct the Secretary of Interior to 
authorize Ka `Ohana O Kalaupapa, a non-profit organization, to 
establish a memorial at either the Kalaupapa Settlement or 
Kalawao. The memorial would be designed to display the names of 
the first 5,000 individuals sent to the Kalaupapa Peninsula 
between 1866 and 1896, and to also display the names of the 
approximately 3,000 individuals who arrived at Kalaupapa in the 
second part of its history. Ka `Ohana O Kalaupapa consists of 
patient residents at Kalaupapa National Historical Park, and 
their family members and friends.
    Kalaupapa National Historical Park was established in 1980 
to honor and preserve two tragic histories: the removal of 
indigenous people from the area in 1865 and 1895, and the 
forced relocation and isolation of Hansen's Disease (leprosy) 
patients to the peninsula from 1866 until 1969. The park 
contains the physical setting for these stories, including the 
Hansen's Disease settlements of Kalaupapa and Kalawao, and the 
churches of Siloama and Saint Philomena associated with the 
work of Father Damien and Mother Marianne Cope. Today the 
community of Kalaupapa is still home for some Hansen Disease 
patients, whose memories and experiences are of integral value 
to the Park.
    The National Park Service works cooperatively with several 
organizations to manage the site and preserve the stories of 
residents. Partners include the State of Hawaii, Department of 
Health; the Catholic Diocese of Honolulu; the United Church of 
Christ; State of Hawaii, Department of Land and Natural 
Resources; and the Department of Transportation. The land 
owner, State of Hawaii, Department of Hawaiian Homelands, 
maintains a lease agreement (65 year) with the National Park 
Service. In addition, the State of Hawaii, Department of Health 
would need to approve the release of names of patients that are 
not already available to the public for inclusion in a 
memorial. Each of these groups would need to be consulted. The 
National Park Service is committed to working with the 
patients, partners, and friends' groups to best honor the 
stories of those for whom the park was founded.
    The Department supports the concept of remembering all that 
has happened at Kalaupapa and believes that the entire park is 
a memorial to the history and injustice that has occurred on 
the peninsula. Still, we recognize that the remaining patients 
and other interested parties support a memorial to the Hansen's 
Disease patients.
    We recommend the legislation be amended to clarify that the 
memorial be located in the Kalaupapa Settlement, where patients 
continue to live today, and not at Kalawao. Kalawao is a 
beautiful and remote location on the peninsula where few 
structures exist. Few visitors see this area other than in the 
distance. The Kalaupapa Settlement is a fitting area for such a 
memorial--it is where patients and visitors will have a lasting 
reminder of what occurred at Kalaupapa. The proposed amendment 
is attached to this testimony.
    That concludes my testimony. I would be happy to answer any 
questions you or other members of the committee may have.
    Proposed amendment to H.R. 3332 RFS:
    On page 2, line 13, strike ``at Kalawao or Kalaupapa''.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 3332, as 
ordered reported.

                                  
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