[House Report 111-484]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-484

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



 
                            BUNITAN TASI ACT

                                _______
                                

  May 18, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4493]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4493) to provide for the enhancement of visitor 
services, fish and wildlife research, and marine and coastal 
resource management on Guam related to the Marianas Trench 
Marine National Monument, and for other purposes, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Bunitan Tasi Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Proclamation.--The term ``Proclamation'' means 
        Presidential Proclamation 8335 of January 6, 2009.
          (2) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Commerce.

SEC. 3. TREATMENT OF THE GOVERNMENT OF GUAM AS A COOPERATING AGENCY.

  In implementing the Proclamation, the Secretaries shall treat the 
Government of Guam as a cooperating agency with responsibilities and 
roles similar to the Government of the Commonwealth of the Northern 
Mariana Islands, including with respect to membership on the Mariana 
Monument Advisory Council.

SEC. 4. ENHANCEMENT OF NATIONAL WILDLIFE REFUGE SYSTEM RESOURCE 
                    MANAGEMENT, VISITOR SERVICES, AND ENVIRONMENTAL 
                    EDUCATION PROGRAMS ON GUAM.

  (a) In General.--The Secretary of the Interior may--
          (1) enhance existing visitor services programs at the Guam 
        National Wildlife Refuge; and
          (2) initiate a comprehensive program, in consultation with 
        the Government of Guam, to--
                  (A) facilitate natural resource exploration and 
                research; and
                  (B) encourage tourism, recreation, and economic 
                opportunities to build public awareness and 
                appreciation of the natural resources under the 
                jurisdiction of the Department of the Interior and the 
                Department of Commerce.
  (b) Included Activities.--Activities under subsection (a) may 
include--
          (1) enhanced resource management, research, and visitor 
        services programs to promote and interpret for the general 
        public the fish and wildlife resources of Guam including 
        activities to improve conservation of coral reef ecosystems (as 
        that term is defined in the Coral Reef Conservation Act of 2000 
        (16 U.S.C. 6401 et seq.)) and activities to conserve the marine 
        resources of Guam, including indigenous fishing; and
          (2) the facilitation of environmental education for students 
        on Guam in partnership with the University of Guam, the Guam 
        Community College, and the Guam Department of Education.
  (c) Donations.--For the purposes of carrying out this section, the 
Secretary of the Interior may accept, retain, and expend donations of 
funds, and use property or services donated from private persons and 
entities or from public entities.

  Amend the title so as to read:

    A bill to provide for treatment of the Government of Guam 
as a cooperating agency in the implementation of the 
Presidential proclamation that established the Marianas Trench 
Marine National Monument, to provide for the enhancement of 
visitor services at the Guam National Wildlife Refuge, and for 
other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4493, as ordered reported, is to 
provide for the treatment of the Government of Guam as a 
cooperating agency in the implementation of the Presidential 
proclamation that established the Marianas Trench Marine 
National Monument, provide for the enhancement of visitor 
services at the Guam National Wildlife Refuge, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    On January 6, 2009, in recognition of the unique 
biological, ecological, geological and cultural heritage of the 
lands, waters and submerged lands of the Mariana Ridge, 
President George W. Bush signed Presidential Proclamation 8335 
to establish the Marianas Trench Marine National Monument. The 
creation of this monument, encompassing approximately 95,216 
square miles, will ensure the protection of rare and 
scientifically significant marine resources including the 
biologically rich waters of the archipelago's northern islands, 
as well as the unique geological and volcanic phenomena of the 
Mariana Ridge, including the Challenger Deep, the deepest part 
of Earth's oceans.
    The monument is composed of three units: the ``Islands 
Unit'' which includes the waters and submerged lands of the 
three northernmost Mariana Islands; the ``Volcanic Unit,'' made 
up of the submerged lands within one nautical mile of 21 
designated volcanic sites; and the ``Trench Unit,'' which 
extends from the northern limit of the Exclusive Economic Zone 
of the United States in the Commonwealth of the Northern 
Mariana Islands to the southern limit of the Exclusive Economic 
Zone of the United States in Guam, following the geographical 
footprint of the Mariana Trench.
    Under the terms of the proclamation the Secretary of the 
Interior has management responsibility for the monument, in 
consultation with the Secretary of Commerce, except with 
respect to fishery-related activities regulated pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act, over 
which the Secretary of Commerce will have primary management 
responsibility.\1\ The proclamation calls for the Secretaries 
of Commerce and the Interior to permit scientific exploration 
and research within the monument, prohibit commercial fishing 
within the Islands Unit, and ensure that subsistence, 
recreational, and traditional indigenous fishing will be 
managed as a sustainable activity.
---------------------------------------------------------------------------
    \1\Under Secretarial Order 3284, issued on January 16, 2009, the 
authority given to the Secretary of the Interior to manage the monument 
was delegated to the U.S. Fish and Wildlife Service (FWS). This order 
directed that the Trench and Volcanic Units be managed as units of the 
National Wildlife Refuge System, and the Island Unit be similarly 
managed by the Director of the FWS but not as a part of the National 
Wildlife Refuge System.
---------------------------------------------------------------------------
    The Secretaries of the Interior and Commerce are also 
required to establish management plans for the monument to 
encourage public education and outreach, promote monument-
related scientific exploration and research, tourism, and 
recreational and economic activities, and allow for traditional 
access to indigenous peoples for culturally significant 
subsistence, cultural, and religious uses.
    In addition, the proclamation requires that the 
Commonwealth of the Northern Mariana Islands be treated as a 
cooperating agency in regards to long-term planning and the 
establishment of an advisory council. The Territory of Guam is 
not recognized for such purposes despite its proximity to the 
southern portion of the monument.

                            COMMITTEE ACTION

    H.R. 4493 was introduced on January 21, 2010 by 
Congresswoman Madeleine Bordallo (D-GU). The bill was referred 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on Insular Affairs, Oceans and Wildlife. On 
February 25, 2010, the Subcommittee held a hearing on the bill. 
On May 5, 2010, the Subcommittee was discharged from the 
further consideration of H.R. 4493 and the full Natural 
Resources Committee met to consider the bill. Congresswoman 
Bordallo (D-GU) offered an amendment in the nature of a 
substitute to delete the authorization for the establishment of 
a new multipurpose visitor facility on Guam, to enhance visitor 
services at the Guam National Wildlife Refuge, and to 
streamline the language designating the Government of Guam as a 
cooperating agency for the purposes of implementing the 
proclamation. The amendment was adopted by voice vote. The 
bill, as amended, was then ordered favorably reported to the 
House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Bunitan Tasi Act.'' Bunitan tasi means ``beautiful ocean'' in 
Chamorro, the indigenous language of Guam.

Section 2. Definitions

    This section defines the term ``Proclamation'' to mean 
Presidential Proclamation 8335 of January 6, 2009. It defines 
the term ``Secretaries'' to mean the Secretary of the Interior 
and the Secretary of Commerce.

Section 3. Treatment of the Government of Guam as a Cooperating Agency

    This section stipulates that in implementing the 
proclamation and with respect to membership on the Mariana 
Monument Advisory Council, that the Secretaries shall treat the 
Government of Guam as a cooperating agency with 
responsibilities and roles similar to the Government of the 
Commonwealth of the Northern Mariana Islands.

Section 4. Enhancement of National Wildlife Refuge System Resource 
        Management, Visitor Services, and Environmental Education 
        Programs on Guam

    This section authorizes the Secretary of the Interior to 
enhance existing visitor services programs at the Guam National 
Wildlife Refuge; to initiate an exploration, research and 
public awareness program to promote the natural resources of 
Guam; and to facilitate environmental education for students on 
Guam in partnership with local colleges and universities. It 
also allows the Secretary to accept donations of money, 
property or services to carry out these activities.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant 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, as ordered reported, is to provide for 
the treatment of the Government of Guam as a cooperating agency 
in the implementation of the Presidential proclamation that 
established the Marianas Trench Marine National Monument, 
provide for the enhancement of visitor services at the Guam 
National Wildlife Refuge, and for other purposes.
    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:

H.R. 4493--Bunitan Tasi Act

    Summary: H.R. 4493 would authorize the Secretary of the 
Interior to establish certain environmental research and 
education programs on the island of Guam. The bill also would 
allow the Secretary to collect and spend donations to support 
those activities.
    Based on information from the Fish and Wildlife Service 
(FWS) and assuming appropriation of the necessary amounts, CBO 
estimates that implementing the legislation would cost $15 
million over the 2011-2015 period. Enacting the legislation 
could increase offsetting receipts (from private donations) and 
associated direct spending; therefore, pay-as-you-go procedures 
would apply. However, CBO estimates that the net effects would 
be negligible for each year. Enacting the bill would not affect 
revenues.
    H.R. 4493 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4493 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--
                                                                  ----------------------------------------------
                                                                    2011   2012   2013   2014   2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level....................................      4      3      3      3      3          16
Estimated Outlays................................................      3      3      3      3      3          15
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by the end of fiscal year 2010 and 
that the necessary amounts will be appropriated for each fiscal 
year. Estimated outlays are based on historical spending 
patterns for similar activities.
    H.R. 4493 would authorize the Secretary of the Interior to 
establish certain environmental research and education programs 
on the island of Guam. Based on information from the FWS, CBO 
estimates that implementing the new programs would cost $1 
million in 2011 for start-up activities and $3 million annually 
for additional staffing and ongoing activities. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing the legislation would cost $15 million over the 
2011-2015 period.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. H.R. 4493 could increase offsetting receipts (from 
private donations) and associated direct spending; therefore, 
pay-as-you-go procedures would apply. However, CBO estimates 
that any increase in offsetting receipts would be less than 
$500,000 a year and would be offset by similar increases in 
direct spending. The net budgetary changes that are subject to 
pay-as-you-go procedures are shown in the following table.

  CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4493, THE BUNITAN TASI ACT, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON MAY 5,
                                                                          2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               By fiscal year, in millions of dollars--
                                           ----------------------------------------------------------------------------------------------------------------
                                             2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------- -------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............      0      0      0      0      0      0      0      0      0      0      0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 4493 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 4493 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                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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