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106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-649
STUDY OF KEALIA POND NATIONAL WILDLIFE REFUGE, HAWAII
June 6, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Young of Alaska, from the Committee on Resources, submitted the
R E P O R T
[To accompany H.R. 3176]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3176) to direct the Secretary of the Interior to conduct
a study to determine ways of restoring the natural wetlands
conditions in the Kealia Pond National Wildlife Refuge, Hawaii,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 3176 is to direct the Secretary of the
Interior to conduct a study to determine ways of restoring the
natural wetlands conditions in the Kealia Pond National
Wildlife Refuge, Hawaii.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3176 directs the Secretary of the Interior to conduct
a study on restoring the natural wetland conditions of the
Kealia Pond National Wildlife Refuge on the island of Maui,
Hawaii. The refuge was established in 1992 to provide habitat
for migratory waterfowl and shorebirds, particularly for three
endangered Hawaiian birds. The refuge provides over 700 acres
of habitat that these birds, and other migratory birds, need to
survive. Over two million tourists visit the island of Maui
each year, and many of these visitors spend time at the Kealia
Pond National Wildlife Refuge.
Kealia Pond is the central feature of the refuge. Water
levels vary drastically in the pond. In the winter, the pond
may cover up to 400 acres to a depth of several feet. In the
summer dry seasons, the pond may be no more than a few inches
deep covering less than 50 acres. The pond contains brackish
water and is periodically flooded by seawater. Seasonal
fluctuations in the pond acreage are important for maintaining
biological diversity at the Refuge. The Refuge provides
overwintering habitat and food for a number of waterfowl and
shorebirds, including Hawaiian ducks, coots and endangered
stilts. However, in recent years, the fluctuations in the
Refuge have been so severe that the wetland areas have dried up
completely, resulting in fish kills and the loss of aquatic
habitat. In other years, a nonnative insect--the spotted wing
midge (a small fly)--hatches in numbers so great that it is a
nuisance for neighboring landowners and towns.
Land use changes in the watershed surrounding the Refuge
are thought to be responsible for the water level fluctuations.
Sediment from the surrounding lands has gradually filled in the
basin. Agriculture (primarily sugar cane) is the predominate
land use in the watershed. The Fish and Wildlife Service, which
oversees the Refuge, believes that active water management is
needed to maximize habitat benefits, minimize the fish die-
offs, and reduce blooms of the exotic midges. A workshop
between government and private groups was held in February 2000
to discuss water management strategies for the Refuge, but the
Fish and Wildlife Service has not developed a final water
management plan. The Committee encourages the Secretary of the
Interior to share the results of the study authorized by this
legislation with local citizens, and to continue to seek the
input of these citizens as he moves forward with water
H.R. 3176 authorizes $250,000 for a hydrologic study to be
carried out by the United States Geological Survey and requires
the Secretary of the Interior to complete the study within one
H.R. 3176 was introduced on October 28, 1999, by
Congresswoman Patsy Mink (D-HI). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Fisheries Conservation, Wildlife, and Oceans.
On March 30, 2000, the Subcommittee held a hearing on the bill.
On April 6, 2000, the Subcommittee met to mark up the bill.
There were no amendments, and the bill was ordered favorably
reported to the Full Committee by voice vote. On May 24, 2000,
the Full Resources Committee met to consider the bill. There
were no amendments, and the bill was ordered favorably reported
to the House of Representatives by voice vote.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants 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. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
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
Congressional Budget Office,
Washington, DC, June 1, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3176, a bill to
direct the Secretary of the Interior to conduct a study to
determine ways of restoring the natural wetlands conditions in
the Kealia Pond National Wildlife Refuge, Hawaii.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Barry B. Anderson
(For Dan L. Crippen, Director).
H.R. 3176--A bill to direct the Secretary of the Interior to conduct a
study to determine ways of restoring the natural wetlands
conditions in the Kealia Pond National Wildlife Refuge, Hawaii
H.R. 3176 would require the U.S. Fish and Wildlife Service
(USFWS) to study ways of restoring the natural conditions of
Kealia Pond, a national wildlife refuge in Hawaii. The bill
would authorize the appropriation of $250,000 for the study,
which would have to be completed within one year of funding.
Assuming appropriation of the authorized amount, CBO
estimates that the USFWS would spend $250,000 in fiscal year
2001 to complete the required study and report its findings.
H.R. 3176 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. The bill
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would not
affect the budgets of State, local, or tribal governments.
The CBO staff contact is Deborah Reis. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local, or tribal law
This bill is not intended to preempt any State, local, or
changes in existing law
If enacted, this bill would make no changes in existing