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107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-435

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



 
   PU`UHONUA O HONAUNAU NATIONAL HISTORICAL PARK ADDITION ACT OF 2002

                                _______
                                

  May 3, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1906]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1906) to amend the Act that established the Pu`uhonua O 
Honaunau National Historical Park to expand the boundaries of 
that park, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Pu`uhonua o Honaunau National 
Historical Park Addition Act of 2002''.

SEC. 2. ADDITIONS TO PU`UHONUA O HONAUNAU NATIONAL HISTORICAL PARK.

  The first section of the Act of July 26, 1955 (69 Stat. 376, ch. 385; 
16 U.S.C. 397), is amended--
          (1) by striking ``That, when'' and inserting the following:
  ``Section 1. (a) When''; and
          (2) by adding at the end thereof the following new 
        subsections:
  ``(b) The boundaries of Pu`uhonua o Honaunau National Historical Park 
are hereby modified to include approximately 238 acres of lands and 
interests therein within the area identified as `Parcel A' on the map 
entitled `Pu`uhonua o Honaunau National Historical Park Proposed 
Boundary Additions, Ki`ilae Village', numbered PUHO-P 415/82,013 and 
dated May, 2001.
  ``(c) The Secretary of the Interior is authorized to acquire 
approximately 159 acres of lands and interests therein within the area 
identified as `Parcel B' on the map referenced in subsection (b). Upon 
the acquisition of such lands or interests therein, the Secretary shall 
modify the boundaries of Pu`uhonua o Honaunau National Historical Park 
to include such lands or interests therein.''.

SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as may be necessary 
to carry out this Act.

                          Purpose of the Bill

    The purpose of H.R. 1906 is to amend the Act that 
established the Pu`uhonua O Honaunau National Historical Park 
to expand the boundaries of that park.

                  Background and Need for Legislation

    The Pu`uhonua o Honaunan National Historical Park was 
authorized by Congress in 1955 and formally established in 1961 
(16 U.S.C. 397). The park was originally designated as the City 
of Refuge National Historical Park, but was given its current 
name in 1978. The park preserves the site where Hawaiians who 
broke ``kapu'' (one of the ancient laws used to balance and 
protect the laws of nature) could avoid certain death by 
fleeing to a place of refuge or ``pu`uhonua.''
    Currently, the park encompasses approximately 180 acres on 
the western coast of the island of Hawaii. In 1957, however, it 
was found that some of the area's most valuable resources were 
left outside park boundaries--part of the historic village of 
Ki`ilae, several significant burial caves, and the upper end of 
a prehistoric royal sledding track. In 1965 the National Park 
Service declared, ``Undoubtedly, the boundaries would have been 
described to include the rest of the village and the upper half 
of the track if this information had been available in 1955.''
    H.R. 1906 would protect shoreline scenic values within site 
of the park by authorizing the Secretary to expand the park by 
up to 397 acres to include portions of the Ki`ilae village 
complex and protect the early Hawaiian landscape. This bill 
would bring an important ecological unit under one policy, 
ownership, and administration, and protect and preserve a 
significant portion of the early Kona Field System. Overall, it 
would help preserve a wide range of highly significant cultural 
resources closely associated with the current resources of the 
National Historical Park.
    The FY2002 Interior Appropriations bill appropriated 
$500,000 toward acquisition of these lands subject to 
authorization.

                            Committee Action

    H.R. 1906 was introduced on May 17, 2001, by Congresswoman 
Patsy Mink (D-HI). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation, and Public Lands. On April 16, 
2002, the Subcommittee held a hearing on the bill. On April 18, 
2002, the Subcommittee met to mark up the bill. Congressman 
George Radanovich (R-CA) offered an amendment in the nature of 
a substitute that reduced the land authorized to be acquired to 
397 acres, which is represented by Parcel A (approximately 238 
acres) and Parcel B (approximately 159 acres) as depicted on 
the referenced map. It was adopted by voice vote. The bill, as 
amended, was then ordered favorably reported to the Full 
Committee by voice vote. On April 24, 2002, the Full Resources 
Committee met to consider the bill. No amendments were offered 
and the bill was ordered favorably reported by unanimous 
consent to the House of Representatives.

            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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Act that established the 
Pu`uhonua O Honaunau National Historic Park to the boundaries 
of the park.
    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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 26, 2002.
Hon. James V. Hansen,
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. 1906, the 
Pu`uhonua o Honaunau National Historical Park Addition Act of 
2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1906--Pu`uhonua o Honaunau National Historical Park Addition Act 
        of 2002

    H.R. 1906 would authorize the expansion of the Pu`uhonua o 
Honaunau National Historical Park. Specifically, the bill would 
modify the park boundaries to add a 238-acre parcel of land 
contiguous to the park, which the National Park Service (NPS) 
could then acquire by purchase or donation. The legislation 
would provide for additional expansion by authorizing the NPS 
to acquire another 159 acres and to then redraw the park's 
boundaries accordingly. Finally, H.R. 1906 would authorize the 
appropriation of whatever amounts are necessary for land 
acquisition and related activities.
    Based on information provided by the NPS, CBO estimates 
that the one-time costs to purchase and study the 238 acres 
added by the legislation would be about $5 million, of which 
$0.5 million was appropriated in 2002. Assuming appropriation 
of the remaining amounts, we expect that the NPS would purchase 
this acreage in 2003. We estimate that provisions authorizing 
the acquisition of an additional 159 acres would have no 
significant cost, because we expect that the agency would only 
acquire acreage donated by the owners. Additional costs to 
administer all land added to the park as a result of the bill 
would be about $0.3 million annually, assuming the availability 
of appropriated funds. Enacting H.R. 1906 would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    On August 20, 2001, CBO transmitted a cost estimate for S. 
1057, the Pu`uhonua o Honaunau National Historical Park 
Addition Act of 2001, as ordered reported by the Senate 
Committee on Energy and Natural Resources on August 2, 2001. 
The two versions of the legislation are identical. The 
estimated costs are also identical, but no funds had been 
appropriated for the project at the time of our earlier 
estimate.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    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 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

                 SECTION 1 OF THE ACT OF JULY 26, 1955


 AN ACT To authorize the establishment of the City of Refuge National 
  Historical Park, in the Territory of Hawaii, and for other purposes

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That, 
when]
    Section 1. (a) When title to such lands located on the 
island of Hawaii, within the following-described area, as shall 
be designated by the Secretary of the interior, in the exercise 
of his judgment and discretion as necessary and suitable for 
the purpose, shall have been vested in the United States, said 
lands shall be set apart as the Pu`uhonua o Honaunau National 
Historical Park, in the Territory of Hawaii, for the benefit 
and inspiration of the people:

parcel 1

           *       *       *       *       *       *       *


  (b) The boundaries of Pu`uhonua o Honaunau National 
Historical Park are hereby modified to include approximately 
238 acres of lands and interests therein within the area 
identified as ``Parcel A'' on the map entitled ``Pu`uhonua o 
Honaunau National Historical Park Proposed Boundary Additions, 
Ki`ilae Village'', numbered PUHO-P 415/82,013 and dated May, 
2001.
  (c) The Secretary of the Interior is authorized to acquire 
approximately 159 acres of lands and interests therein within 
the area identified as ``Parcel B'' on the map referenced in 
subsection (b). Upon the acquisition of such lands or interests 
therein, the Secretary shall modify the boundaries of Pu`uhonua 
o Honaunau National Historical Park to include such lands or 
interests therein.