[Senate Report 106-92]
[From the U.S. Government Publishing Office]
Calendar No. 174
106th Congress Report
SENATE
1st Session 106-92
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HAWAII VOLCANOES NATIONAL PARK ADJUSTMENT ACT OF 1999
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June 24, 1999.--Ordered to be printed
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Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 938]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 938) to eliminate restrictions on the
acquisition of certain land contiguous to Hawaii Volcanoes
National Park, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 938, as ordered reported, is to amend the
enabling act for Hawaii Volcanoes National Park to authorize
the Secretary of the Interior to purchase land for addition to
the park. Currently, the National Park Service may only acquire
property by donation.
Background and Need
Hawaii Volcanoes National Park was established as part of
Hawaii National Park on August 1, 1916. It was renamed on
September 22, 1961 as Hawaii Volcanoes National Park. Boundary
changes were made in 1922, 1928, 1938, 1940, 1961 and 1978. The
park comprises of 209,695.38 acres of which 207,643.38 acres
are Federally-owned. 123,000 acres were classified as
wilderness in 1978. The park is located on the island of
Hawai'i, 96 miles form Kailua-Kona and 30 miles from Hilo. The
park receives about 2.5 million visitors each year.
The elevation of the park ranges from sea level to the
summit of the earth's most massive volcano, Mauna Loa, at
13,677 feet. Kilauea, the world's most active volcano, offers
insights on the birth of the Hawaiian Islands and offers
visitors views of dramatic volcanic landscape.
There are approximately 2,000 acres that are adjacent to
the park that may be placed on the market. The enabling
legislation for the park limits acquisition of lands to
donations only.
Legislative History
S. 938 was introduced by Senators Akaka and Inouye May 3,
1999. The Subcommittee on National Parks, Historic Preservation
and Recreation held a hearing on S. 938 on May 25, 1999.
At its business meeting on June 16, 1999, the Committee on
Energy and Natural Resources ordered S. 938, favorably
reported, without amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 16, 1999, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 938,
without amendment.
Section-by-Section Analysis
Section 1 designates the bill's short title as the ``Hawaii
Volcanoes National Park Adjustment Act of 1999''.
Section 2 amends the June 20, 1938 Act (U.S.C. 391b) that
added certain lands to Hawaii National Park. The section
removes a provision that limited the Park Service to acquiring
adjacent lands by donation only.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measurehas been requested but was not received at the time
the report was filed. When the report is available, the Chairman will
request it to be printed in the Congressional Record for the advice of
the Senate.
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 S. 938. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
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
enactment of S. 938, as ordered reported.
Executive Communications
On May 25, 1999, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth executive views on S. 938. These reports had not been
received at the time the report on S. 938 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement of Katherine Stevenson, Associate Director, Cultural Resource
Stewardship and Partnerships, National Park Service, Department of the
Interior
Thank you for the opportunity to present the position of
the Department of the Interior on S. 938, a bill to eliminate
restrictions on the acquisition of certain land contiguous to
Hawaii Volcanoes National Park.
The Department of the Interior strongly supports this bill.
The enabling legislation for Hawaii Volcanoes National Park
allows the Secretary of the Interior to acquire lands
contiguous to the park for the purpose of ``rounding out the
park.'' The act also says that the Secretary may purchase lands
only with donated funds. S. 938 would amend the enabling act
for Hawaii Volcanoes National Park by giving the Secretary the
authority to purchase lands contiguous to the park with
appropriated funds. This amendment is necessary because there
are park-worthy lands contiguous to Hawaii Volcanoes National
Park that realistically can be acquired only through
appropriated funds.
For example, a private landowner has placed on the market a
2,000-acre parcel of land contiguous to the park's southern
boundary. This land has wilderness quality and is located in an
area that has been subject to various development proposals. In
addition, a significant parcel of land in the upper region of
Mauna Loa's southwest right zone and adjacent to the park's
boundary might also be available for sale. This land contains
major geographical features of this active volcano as well as
quality alpine and sub-alpine plant communities containing
endangered plant species that include the endemic Ka'u/Mauna
Loa silver sword. This land also connects to segments of state-
managed mesic Koa--Ohia forest, which is critical bird habitat.
Other parcels of land contiguous to various parts of the park
are similarly park-worthy, and could be brought into the park
and protected from development by this bill.
It is important to note that this bill would not by itself
make any land part of Hawaii Volcanoes National Park. Under the
terms of the park's enabling act, land becomes part of the park
only when title to the land is vested in the United States.
This process would require, among other things, appropriations
to purchase these lands, as well as valid property appraisals.
Land acquisition would be subject to availability of funding
for NPS priorities.
This concludes my testimony. I would be happy to answer any
of your questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 938, as ordered 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):
(Public Law 75-680, as amended December 3, 1940, July 1, 1961,
September 22, 1961, November 10, 1978, and November 12, 1998.)
* * * * * * *
15. Two hundred and twenty-five degrees and forty-six
minutes three hundred and forty and six-tenths to the
point of beginning and containing an area of five
thousand seven hundred and thirty acres, more or less;
and, in addition, any lands adjacent or contiguous to the
Hawaii National Park as hereby extended which, in the
discretion of the Secretary of the Interior, are necessary for
the proper rounding out of the boundaries of the [park:
Provided, That the United States shall not purchase, by
appropriation of public moneys, any land within the aforesaid
area, but such lands shall be secured by the United States only
by public and private donations, except for the land depicted
on the map entitled NPS-PAC 1997HW, which may be purchased with
donated or appropriated funds] park. Land (including the land
depicted on the map `NPS-PAC 1997HW') may be acquired by the
Secretary through donation, exchange, or purchase with donated
or appropriated funds.