```

[Senate Report 107-71]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 173
107th Congress                                                   Report
                                 SENATE
 1st Session                                                     107-71

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

 
   PU`UHONUA O HONAUNAU 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

                              R E P O R T

                         [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 Honaunau 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 Honaunau 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 Honaunau 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 Honaunau 
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 refuge 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 Honaunau 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 
Honaunau National Historical Park Addition Act of 2001.''
    Section 2 amends the first section of the enabling 
legislation for Pu`uhonua o Honaunau 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.

                   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 Honaunau 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 Honaunau National Historical Park Addition Act of 
        2001

    S. 1057 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, 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 
one-time 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.

                      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, Pacific West Region, 
           National Park Service, Department 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 Honaunau National Historical 
Park.
    The Department supports S. 1057. This legislation will 
adjust the authorized boundary of Pu`uhonua o Honaunau 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 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 Honaunau'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 service-wide 
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 Honaunau 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):

                             [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, [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 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 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.

           *       *       *       *       *       *       *

                                

```