[House Report 109-429]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-429
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JAMES CAMPBELL NATIONAL WILDLIFE REFUGE EXPANSION ACT OF 2005
_______
April 25, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany S. 1165]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(S. 1165) to provide for the expansion of the James Campbell
National Wildlife Refuge, Honolulu County, Hawaii, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 1165 is to provide for the expansion of
the James Campbell National Wildlife Refuge, Honolulu County,
Hawaii.
BACKGROUND AND NEED FOR LEGISLATION
The James Campbell National Wildlife Refuge on the Hawaiian
island of Oahu was administratively created on December 17,
1976, with the closure of the Kahuku Sugar Mill. Together with
the Oahu Forest National Wildlife Refuge and the Pearl Harbor
National Wildlife Refuge, they comprise the Oahu National
Wildlife Refuge Complex which was created to protect Hawaii's
endangered waterbird populations.
James Campbell was a 24-year old carpenter who arrived in
Lahaina, Maui, in 1850 aboard a whaling vessel departed from
New York. During the next fifty years he acquired a
considerable amount of property on the islands of Hawaii, Maui
and Oahu, established a number of highly successful sugar
mills, commissioned the first artesian well in Hawaii and
served in the Hawaiian State Legislature. The Campbell estate
family trust was established upon his death. Today, the estate
is one of Hawaii's largest private landowners. The trust
arrangement which was established for his widow and four
surviving daughters will terminate on January 20, 2007. The
pending termination has stimulated interest by the trustees to
divest some land holdings.
The James Campbell National Wildlife Refuge, located on the
north shore of Oahu, is currently 260 acres of land that was
purchased from the estate by the U.S. Fish and Wildlife
Service. This land is divided into two non-contiguous segments
known as the Kii and Punamano Pond units. It is comprised of a
mix of naturally occurring spring-fed marshes, man-made ponds,
freshwater springs and water impoundments. While there are
approximately 75 endangered species of plants and animals
residing within the Refuge, it was specifically established to
protect four highly imperiled species of waterbirds: Hawaiian
coot, Hawaiian duck, Hawaiian moorhen and Hawaiian stilt. The
Service is currently negotiating with the Campbell estate to
acquire additional high-value wetlands that would provide
essential habitat for migratory birds, shore birds and other
waterfowl. These lands are critical to the survival of these
birds because nearly 90 percent of the wetlands on the island
of Oahu have been destroyed. The Refuge is open to the public
from August 1st to February 15th each year and is closed for
the stilt breeding season.
Under the terms of this legislation, the Refuge would be
increased by approximately 800 acres of land. This target
property is owned by the James Campbell estate which has
indicated it is willing to sell this land to either a private
conservation organization or the Fish and Wildlife Service. By
purchasing this property, the Fish and Wildlife Service would
connect the two existing units of the Refuge, historical
wetland habitat would be restored, a new protected flyway would
be created and the U.S. Army Corps of Engineers would have the
opportunity to provide some badly needed flood protection for
the neighboring town of Kahuku. In addition, this refuge
expansion would protect the last remaining large scale coastal
dune ecosystem on Oahu, preserve native strand plants, and
protect coastal wildlife including threatened green sea
turtles, migratory shorebirds and endangered Hawaiian monk
seals.
There are currently ten tenants who are involved in shrimp
aquaculture activities within the proposed boundary expansion
area. According to the Ko'olau Loa Agriculture Coalition, these
farms represent about 50 jobs and more than $20 million in
capital investments over a thirty-year period. Based on
information provided to the Subcommittee on Fisheries and
Oceans, three tenants are operating on month-to-month leases
and the remaining seven tenants have existing leases that
expire prior to 2014. In addition, all tenants were advised in
2001 that the Campbell estate was selling the property; the
U.S. Fish and Wildlife Service has offered lease extensions to
five tenants through 2023 contingent on federal acquisition of
the property.
COMMITTEE ACTION
S. 1165 was introduced on June 6, 2005, by Senators Daniel
Inouye (D-HI). It was passed by the Senate by unanimous consent
on December 16, 2005. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee
Fisheries and Oceans. On March 29, 2006, the Full Resources
Committee met to consider the bill. The Subcommittee on
Fisheries and Oceans was discharged from further consideration
of the bill by unanimous consent. No amendments were offered
and the bill was ordered favorably reported to the House of
Representatives by unanimous consent.
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 provide for the expansion of the
James Campbell National Wildlife Refuge, Honolulu County,
Hawaii.
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:
S. 1165--James Campbell National Wildlife Refuge Expansion Act of 2005
S. 1165 would establish a statutory boundary for the James
Campbell National Wildlife Refuge in Hawaii. CBO estimates that
implementing the legislation would cost about $20 million over
the next five years, assuming appropriation of the necessary
amounts. Enacting S. 1165 would not affect direct spending or
revenues.
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.
S. 1165 would expand the boundary of the James Campbell
National Wildlife Refuge, which was established
administratively in 1976, to include a total of about 1,100
acres. The act would authorize the U.S. Fish and Wildlife
Service (USFWS) to acquire land within the new boundary,
subject to the availability of appropriated funds. Based on
information provided by the USFWS and assuming appropriation of
the necessary amounts, CBO estimates that the agency would
spend $19 million over the next three years to purchase about
750 acres of land that would be added by the bill to the
refuge's administrative boundary. About half of this land,
worth an estimated $7 million, is the subject of an existing
agency proposal to expand the refuge administratively and might
be purchased even in the absence of this legislation (but
possibly not for several years). We estimate that the USFWS
would spend about $500,000 a year to restore and manage the
acreage added by the act once it has been acquired.
On December 5, 2005, CBO transmitted a cost estimate for S.
1165 as ordered reported by the Senate Committee on Environment
and Public Works on November 17, 2005. The two versions of the
legislation are the same as are the estimated costs.
The CBO contact for this estimate is Deborah Reis, who can
be reached at 226-2860. This 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
If enacted, this bill would make no changes in existing
law.