109TH CONGRESS

1ST SESSION S. 1165

AN ACT

To provide for the expansion of the James Campbell National

Wildlife Refuge, Honolulu County, Hawaii.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘James Campbell Na5 tional Wildlife Refuge Expansion Act of 2005’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the United States Fish and Wildlife Service

4 manages the James Campbell National Wildlife Ref5 uge for the purpose of promoting the recovery of 4

6 species of endangered Hawaiian waterbirds;

7 (2) the United States Fish and Wildlife Service

8 leases approximately 240 acres of high-value wetland

9 habitat (including ponds, marshes, freshwater

10 springs, and adjacent land) and manages the habitat

11 in accordance with the National Wildlife Refuge Sys12 tem Improvement Act (16 U.S.C. 668dd note; Public

13 Law 105–312);

14 (3) the United States Fish and Wildlife Service

15 entered into a contract to purchase in fee title the

16 land described in paragraph (2) from the estate of

17 James Campbell for the purposes of—

18 (A) permanently protecting the endangered

19 species habitat; and

20 (B) improving the management of the Ref21 uge;

22 (4) the United States Fish and Wildlife Service

23 has identified for inclusion in the Refuge approxi24 mately 800 acres of additional high-value wildlife

25 habitat adjacent to the Refuge that are owned by

26 the estate of James Campbell;
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1 (5) the land of the estate of James Campbell on

2 the Kahuku Coast features coastal dunes, coastal

3 wetlands, and coastal strand that promote biological

4 diversity for threatened and endangered species,

5 including—

6 (A) the 4 species of endangered Hawaiian

7 waterbirds described in paragraph (1);

8 (B) migratory shorebirds;

9 (C) waterfowl;

10 (D) seabirds;

11 (E) endangered and native plant species;

12 (F) endangered monk seals; and

13 (G) green sea turtles;

14 (6) because of extensive coastal development,

15 habitats of the type within the Refuge are increas16 ingly rare on the Hawaiian islands;

17 (7) expanding the Refuge will provide increased

18 opportunities for wildlife-dependent public uses, in19 cluding wildlife observation, photography, and envi20 ronmental education and interpretation; and

21 (8) acquisition of the land described in para22 graph (4)—

23 (A) will create a single, large, manageable,

24 and ecologically-intact unit that includes suffi-
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1 cient buffer land to reduce impacts on the Ref2 uge; and

3 (B) is necessary to reduce flood damage

4 following heavy rainfall to residences, busi5 nesses, and public buildings in the town of

6 Kahuku.

7 SEC. 3. DEFINITIONS.

8 In this Act:

9 (1) DIRECTOR.—The term ‘‘Director’’ means

10 the Director of the United States Fish and Wildlife

11 Service.

12 (2) REFUGE.—The term ‘‘Refuge’’ means the

13 James Campbell National Wildlife Refuge estab14 lished pursuant to the Endangered Species Act of

15 1973 (16 U.S.C. 1531 et seq.).

16 (3) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of the Interior.

18 SEC. 4. EXPANSION OF REFUGE.

19 (a) EXPANSION.—The boundary of the Refuge is ex20 panded to include the approximately 1,100 acres of land

21 (including any water and interest in the land) depicted on

22 the map entitled ‘‘James Campbell National Wildlife Ref23 uge—Expansion’’ dated October 20, 2005, and on file in

24 the office of the Director.
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1 (b) BOUNDARY REVISIONS.—The Secretary may

2 make such minor modifications to the boundary of the

3 Refuge as the Secretary determines to be appropriate to—

4 (1) achieve the goals of the United States Fish

5 and Wildlife Service relating to the Refuge; or

6 (2) facilitate the acquisition of property within

7 the Refuge.

8 (c) AVAILABILITY OF MAP.—

9 (1) IN GENERAL.—The map described in sub10 section (a) shall remain available for inspection in

11 an appropriate office of the United States Fish and

12 Wildlife Service, as determined by the Secretary.

13 (2) NOTICE.—As soon as practicable after the

14 date of enactment of this Act, the Secretary shall

15 publish in the Federal Register and any publication

16 of local circulation in the area of the Refuge notice

17 of the availability of the map.

18 SEC. 5. ACQUISITION OF LAND AND WATER.

19 (a) IN GENERAL.—Subject to the availability of ap20 propriated funds, the Secretary may acquire the land de21 scribed in section 4(a).

22 (b) INCLUSION.—Any land, water, or interest ac23 quired by the Secretary pursuant to this section shall—

24 (1) become part of the Refuge; and
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1 (2) be administered in accordance with applica2 ble law.

3 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated such sums

5 as are necessary to carry out this Act.

Passed the Senate December 16, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1165

AN ACT

To provide for the expansion of the James CampHawaii. bell National Wildlife Refuge, Honolulu County,