[Senate Report 117-57]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 254
117th Congress       }                            {            Report
                                 SENATE
 2d Session          }                            {            117-57

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                      HAWAII NATIONAL FOREST STUDY

                                _______
                                

 January 19 (legislative day, January 18), 2022.--Ordered to be printed

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 297]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 297), to require the Secretary of 
Agriculture to conduct a study on the establishment of, and the 
potential land that could be included in, a unit of the 
National Forest System in the State of Hawaii, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of H.R. 297 is to require the Secretary of 
Agriculture to conduct a study on the establishment of, and the 
potential land that could be included in, a unit of the 
National Forest System in the State of Hawaii.

                          BACKGROUND AND NEED

    The Forest Service, under the Department of Agriculture, is 
tasked with managing 154 national forests across the United 
States, which span approximately 193 million acres. Congress 
directed the Forest Service to establish national forests to 
improve and protect the forest within its boundaries, for the 
purpose of securing favorable conditions of water flows, and to 
furnish a continuous supply of timber for the use and 
necessities of citizens of the Unites States. Moreover, the 
Forest Service was directed to administer its national forests 
for outdoor recreation, range, timber, watershed, and wildlife 
and fish purposes. Further, the mission of the Forest Service 
is to sustain the health, diversity, and productivity of the 
nation's forests and grasslands to meet the needs of present 
and future generations.
    Hawaii is one of seven states that do not have a national 
forest. H.R. 297 directs the Forest Service to study the 
suitability and feasibility of establishing a unit of the 
National Forest System in the State of Hawaii, and to identify 
available land that could be included in a potential national 
forest.

                          LEGISLATIVE HISTORY

    H.R. 297 was introduced by Representatives Case and Kahele 
on January 13, 2021. The House of Representatives passed H.R. 
297 on May 12, 2021, by a voice vote. A Senate companion 
measure, S. 554, was introduced by Senators Hirono and Schatz 
on March 3, 2021. The Subcommittee on Public Lands, Forests, 
and Mining held a hearing on S. 554 on June 16, 2021.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 18, 2021, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
297. Senator Lee asked to be recorded as voting no.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Hawaii National Forest Study

    Subsection (a) provides key definitions for the Act, 
including the boundaries of the study area.
    Subsection (b)(1) directs the Forest Service to study the 
suitability and feasibility of establishing a unit of the 
National Forest System in the study area and to identify 
available land within this study area that could be included in 
the unit.
    Paragraph (2) requires the Forest Service to coordinate 
with the Hawaii Department of Land and Natural Resources and 
consult with the Hawaii Department of Agriculture and other 
interested government entities, private and nonprofit 
organizations, and individuals.
    Paragraph (3) requires the Forest Service to consider 
unique vegetation types in the study area that should be 
targeted for inclusion, evaluate the ability of the agency to 
improve and protect forest areas and secure favorable water 
flows, and determine whether the unit would expand, enhance, or 
duplicate resource protection and visitor-use opportunities.
    Paragraph (3) also requires the Forest Service to consider 
the size and location of potential parcels to be included in 
the national forest to ensure the national forest would be 
economical to administer, to evaluate the willingness of 
landowners to sell or transfer the land, to evaluate the 
suitability of the land to be designated as a research natural 
area or an experimental forest, to estimate the costs of 
acquiring land as well as the costs of operating the National 
Forest System unit, and to consider other alternatives for the 
conservation, protection, and use of the areas being 
considered.
    Subsection (c) is a savings clause clarifying that nothing 
in this section authorizes the Secretary to take any action 
that would affect the use of any land owned or not owned by the 
United States.
    Subsection (d) requires the Secretary to submit a report to 
Congress within 3 years after the date of enactment of this Act 
that describes the results of the study and any conclusions or 
recommendations of the Secretary.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office has not estimated the costs 
of H.R. 297 as ordered reported. The Committee has requested, 
but has not yet received, the Congressional Budget Office's 
estimate of the cost of H.R. 297 as ordered reported. When the 
Congressional Budget Office completes its cost estimate, it 
will be posted on the Internet at www.cbo.gov.

                      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. 297. 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. 297, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 297, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Forest Service, United States 
Department of Agriculture at the June 16, 2021, hearing on the 
Senate companion measure, S. 554, follows:

  Statement of Chris French Deputy Chief, National Forest System U.S. 
        Forest Service, United States Department of Agriculture

    Chairman Cortez Masto, Ranking Member Lee and members of 
the subcommittee, thank you for the opportunity to appear 
before you today to present the views of the U.S. Department of 
Agriculture (USDA) on several public land bills.
    USDA supports S. 554, which would require the Secretary of 
Agriculture to conduct a study to determine the suitability and 
feasibility of establishing a unit of the NFS on the islands of 
Hawai'i, Maui, Molokai, Lana'i, O'ahu, and Kaua'i in the State 
of Hawai'i; and to identify available land within the study 
area that could be included in the unit. The Secretary would be 
required to conduct the study in coordination with the Hawai'i 
Department of Land and Natural Resources and consult with the 
Hawai'i Department of Agriculture, and other interested 
governmental entities, private and nonprofit organizations, and 
any interested individuals.
    USDA supports a study that would identify available land 
within a study area in the State of Hawai'i that could be 
included in a National Forest unit or designated as a research 
natural area or an experimental forest that would have the 
grassroots support of local communities.
    The study would consider unique vegetation types that occur 
in the study area that should be targeted for inclusion in the 
unit; evaluate the ability of the Secretary to improve and 
protect forest areas within the study area; secure favorable 
water flows within the study area; determine whether the unit 
of the National Forest System would expand, enhance, or 
duplicate resource protection and visitor use opportunities; 
evaluate the willingness of landowners to sell or transfer land 
in the study area to the Secretary; evaluate the suitability of 
land in the study area for potential selection and designation 
as a research natural area or an experimental forest; identify 
cost estimates for any federal acquisition, development, 
operation, and maintenance that would be needed to establish 
the unit of the NFS; and consider other alternatives for the 
conservation, protection, and use of areas within the study 
area by the federal government, state or local government 
entities, or private and nonprofit organizations.
    Not later than three years after enactment of this Act, the 
Secretary would be required to submit a report on the results 
of the study and any conclusions and recommendations of the 
Secretary to the Senate Committee on Energy and Natural 
Resources and the House Committee on Natural Resources.
    This study would allow the Forest Service, the State of 
Hawai'i and interested private or non-profit organizations and 
individuals to work together to identify lands within the study 
area that would promote shared stewardship with local 
communities, including indigenous populations, the State of 
Hawai'i, and non-profit groups. The study provides the 
opportunity to explore supporting or expanding Forest Service 
programs related to conservation of forest ecosystems, 
sustainable forestry, protection of threatened, endangered, and 
migratory species, controlling the spread of invasive species, 
reforestation, and other forest restoration efforts.

                        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 as ordered 
reported.

                                  
                                  
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