99–010

Calendar No. 173

107TH CONGRESS REPORT

1st Session " ! SENATE 107–71

PU‘UHONUA O HO ̄ NAUNAU NATIONAL HISTORICAL PARK

ADDITION ACT OF 2001

OCTOBER 1, 2001.—Ordered to be printed

Mr. BINGAMAN, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 1057]

The Committee on Energy and Natural Resources, to which was

referred the bill (S. 1057) to authorize the addition of lands to

Pu‘uhonua o Ho ̄naunau National Historical Park 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 S. 1057 is to expand the boundaries of Pu‘uhonua

o Ho ̄naunau National Historical Park in the State of Hawaii to include approximately 238 acres of land. The bill also authorizes the

Secretary of the Interior to acquire 159 acres of adjacent lands and

upon their acquisition, to include such lands within the park

boundary.

BACKGROUND AND NEED

Pu‘uhonua o Ho ̄naunau National Historical Park was authorized

by Congress in 1955 and formally established in 1961. The park

was originally designated as the City of Refuge National Historical

Park, and was renamed Pu‘uhonua o Ho ̄naunau in 1978. The park

encompasses approximately 180 acres on the western coast of the

island of Hawaii.

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.’’ Defeated warriors and non-combatants also found refVerDate 11-MAY-2000 01:27 Oct 03, 2001 Jkt 099010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR071.XXX pfrm04 PsN: SR071
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uge here during times of battle. The grounds just outside the wall

that encloses the pu‘uhonua were home to several generations of

powerful royalty and their families. Occupation of the site has been

dated from 1100 A.D., and the area has been used as a place of refuge, with related villages and agriculture, for most of its history.

Although the park contains a scenic coastline, it is most noted for

its cultural, spiritual, and archaeological features, including the

pu‘uhonua, heiau, platforms, royal fishponds, sledding tracks, and

village sites.

The area to be added to Pu‘uhonua o Ho ̄naunau National Historical Park by S. 1057 includes significant archaeological remains of

Ki‘ilae village, one of the ancient coastal villages. As part of its

study of the proposed expansion, the National Park Service identified over 800 archaeological and historical sites, including caves,

stone platforms, heiau, burial sites, agricultural features, walled

enclosures and canoe landing sites.

LEGISLATIVE HISTORY

S. 1057 was introduced by Senators Akaka and Inouye on June

14, 2001. The Subcommittee on National Parks held a hearing on

S. 1057 on July 26, 2001. At its business meeting on August 2,

2001, the Committee on Energy and Natural Resources ordered S.

1057 favorably reported without amendment.

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in

open business session on August 2, 2001, by a voice vote of a

quorum present, recommends that the Senate pass S. 1057 as described herein.

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Pu‘uhonua o Ho ̄naunau

National Historical Park Addition Act of 2001.’’

Section 2 amends the first section of the enabling legislation for

Pu‘uhonua o Ho ̄naunau National Historical Park (16 U.S.C. 397) to

add two new subsections.

New subsection (b) modifies the boundaries of the park to include

approximately 238 acres of lands and interests therein identified as

‘‘Parcel A’’ on the referenced map. These lands are located in the

Ki‘ilae Village area just south and east of the existing park boundary.

New subsection (c) authorizes the Secretary of the Interior to acquire approximately 159 acres of lands and interests therein within

the area depicted as ‘‘Parcel B’’ on the referenced map. Upon the

acquisition of the lands or interests therein, the Secretary is directed to modify the boundaries of the park to include the acquisition. This tract is located immediately upland of the Ki‘ilae Village

parcel referenced in subsection (b) and contains many of the same

archaeological and historic features as that parcel.

Section 3 authorizes the appropriation of such sums as may be

necessary to carry out this Act.

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COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office:

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, August 20, 2001.

Hon. JEFF BINGAMAN, Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1057, the Pu‘uhonua o

Ho ̄naunau National Historical Park Additional Act of 2001.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Deborah Reis.

Sincerely,

STEVEN LIEBERMAN

(For Dan L. Crippen, Director).

Enclosure.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 1057—Pu‘uhonua o Ho ̄naunau National Historical Park Addition Act of 2001

S. 1057 would authorize the expansion of the Pu‘uhonua o

Ho ̄naunau 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, S. 1057 would authorize the appropriation of whatever amounts are necessary for acquisition and related activities.

Based on information provided by the NPS and assuming appropriation of the necessary amounts, CBO estimates that the onetime costs to purchase and study the 238 acres added by the legislation would be about $5 million in 2002 or 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, also assuming appropriation

of the necessary amounts. enacting S. 1057 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.

The staff contact for this estimate is Deborah Reis. The estimate

was approved by Peter H. Fontaine, Deputy Assistant Director for

Budget Analysis.

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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. 1057. The bill is not a regulatory measure in the sense of imposing government-established standards or significant 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 S. 1057.

EXECUTIVE COMMUNICATIONS

On July 27, 2001, 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 agency recommendations on S. 1057. These reports had

not been received at the time this report was filed. The testimony

provided by the National Park Service at the Subcommittee hearing follows:

STATEMENT OF JOHN REYNOLDS, REGIONAL DIRECTOR, PA- CIFIC WEST REGION, NATIONAL PARK SERVICE, DEPART- MENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present

the Department of the Interior’s views on S. 1057, a bill

to adjust the boundaries of Pu‘uhonua o Ho ̄naunau National Historical Park.

The Department supports S. 1057. This legislation will

adjust the authorized boundary of Pu‘uhonua o Ho ̄naunau

National Historical Park to include the remainder of

Ki‘ilae Village within the park. The proposed expansion is

located on lands immediately adjacent to, but outside the

southern park boundary, and would add 238 acres to the

182 acres already within the park. The addition of another

165 acres would also be authorized if the lands are ever

acquired.

Ki‘ilae is an ancient Hawaiian settlement dating back to

the late 12th or early 13th centuries. The settlement remained active until the 1930’s, making it one of the last

traditional Hawaiian villages to be abandoned. The proposed boundary adjustment consists of adding lands containing the archaeological remains of this Hawaiian village. Lands to be added to the park contain more than 800

archaeological sites, structures and features. These include

at least 25 caves and 10 heiau (Hawaiian temples), more

than 20 rock platforms, 26 rock wall enclosures, over 40

burial features, residential compounds, a holua (recreational slide used by Hawaiian royalty), canoe landing

sites, a water well, numerous rock walls and a wide range

of agricultural features.

The proposed expansion dates back to a 1957 archaeological survey conducted by the Bishop Museum. This

survey found that the greater part of the ancient village of

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Ki‘ilae, as well as other significant Hawaiian archaeological resources, were left outside of the park boundaries

established by Congress in 1955. Pu‘uhonua o Ho ̄naunau’s

1972 Master Plan identifies Ki‘ilae Village as one of the

park’s major resources and the master plan graphics show

village remains extending well beyond the existing park

boundaries. In 1992, a boundary study was prepared for

the park. Both the master plan and the boundary study

call for adding the ‘‘balance of Ki‘ilae Village’’ to the park.

Up until last year, the property was unavailable because

its ownership was not clear. The three heirs to the property have now settled the ownership issue, thereby clearing the way for the Park Service to acquire the land. S.

1057 would allow the boundary of the park to be expanded

to protect this significant cultural resource.

In light of the President’s commitment to reducing the

backlog of deferred maintenance needs within the National

Park before incurring additional financial burdens, it is encouraging to note that the present owner may consider donating one portion of the property to the National Park

Service, while the other portion would be available for purchase and has been appraised at $4.6 million. Funds to

purchase this property would be subject to NPS servicewide priorities and the availability of appropriations. Since

no development is contemplated within the boundary adjustment area, no line item construction or significant development costs are anticipated, although there would be

some one-time costs after acquisition to conduct an inventory of archaeological resources and remove non-native

vegetation. We expected that the park would seek to increase its base-operating budget in the range of $250,000

in order to hire two additional resource management employees, as well as two employees to provide services such

as interpretation and law enforcement. This increase

would have to compete against other demands for limited

operational funds.

There is strong local support to protect and include these

resources within the Pu‘uhonua o Ho ̄naunau National Historical Park. This reflects the high level of cooperation and

strong commitment of local communities and governments

toward the park. This kind of local support for land acquisition projects is an important part of the Department’s

support for this legislation.

That concludes my testimony. I would be glad to answer

any questions that you or the members of the subcommittee may have.

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.

1057, 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):

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[69 Stat. 376]

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, øThat, 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

City of Refuge National Historical Park, in the Territory of Hawaii,

for the benefit and inspiration of the people:

PARCEL 1

* * * * * * *

PARCEL 3

* * * * * * *

4. Two hundred fifty-nine degrees thirty-three minutes fifteen

seconds six hundred eighty feet along L. C. Aw. 7712: 1 to M.

Kekuanaoa and passing over a rock called Kuwaia, marked K+K at

six and eight-tenths feet to the point of beginning.

Areas, ten and twenty-five one-hundredths acres.

(b) The boundaries of Pu‘uhonua o Ho ̄naunau 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 Ho ̄naunau 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 Ho ̄naunau National Historical Park to include such lands or interests therein.

* * * * * * *

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