[Senate Report 107-270]
[From the U.S. Government Publishing Office]
Calendar No. 587
107th Congress Report
SENATE
2d Session 107-270
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NATIONAL PARK OF AMERICAN SAMOA
_______
September 11, 2002.--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 H.R. 1712]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1712) to authorize the Secretary of the
Interior to make adjustments to the boundary of the National
Park of American Samoa to include certain portions of the
islands of Ofu and Olosega within the park, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the Act do pass.
Purpose
The purpose of H.R. 1712 is to authorize the Secretary of
the Interior to expand the boundaries of the National Park of
American Samoa to include more than 2,860 acres of land and
reef on the islands of Ofu and Olosega within the park.
Background and Need
The National Park of American Samoa was established in 1988
by Public Law 100-571. That Act provided that the park would
only be established when the Governor of American Samoa entered
into a 50-year lease with the United States to protect the
park. The park provides recreation and preserves the habitat of
the hawksbill and green sea turtles, both endangered species.
Additionally, the park is home for a species of flying fox, now
under study for listing as an endangered species. The park is
also the only paleotropical rainforest in the United States.
The National Park Service manages, via a 50-year lease, 9,000
acres of land and water on the islands of Tutuila, Ofu and
Ta'u.
Currently, the National Park Service manages 350 acres of
reef and 70 acres of land on the island of Ofu, but no land or
water on Olosega. The addition of rainforest and coral reef on
Ofu and Olosega would help to diversify visitor use and lessen
impact on the reef. In addition a high concentration of
medicinal plants growing in the area are currently disappearing
and would benefit from protection.
Several important archaeological resources are also
included on the proposed addition on Olosega. H.R. 1712 would
authorize, subject to lease negotiations, the addition of
approximately 1,009 acres on land and 953 around the reef on
the island of Olosega and approximately 497 acres on land and
581 around the reef on the island of Ofu.
Legislative History
H.R. 1712 was introduced by Representative Faleomavaega on
May 3, 2001. The bill passed the House of Representatives by a
voice vote on March 19, 2002. The Subcommittee on National
Parks held a hearing on H.R. 1712 on June 12, 2002. At the
business meeting on July 31, 2002, the Committee on Energy and
Natural Resources ordered H.R. 1712 favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 1712. At the
business meeting on July 31, 2002, the Committee on Energy and
Natural Resources ordered H.R. 1712 favorably reported.
Section-by-Section Analysis
Section 1 amends section 2(b) of the Act establishing the
National Park of American Samoa (16 U.S.C. 410qq-1(b)). The
bill authorizes the Secretary of the Interior to make
adjustments to the boundary of the park to include portions of
the islands of Ofu and Olosega, in accordance with an agreement
with the Governor of American Samoa and contingent upon the
lease to the Secretary of the newly added lands. Once the
boundary adjustment has been completed, the Secretary shall
modify the appropriate maps.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 8, 2002.
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 H.R. 1712, an act to
authorize the Secretary of the Interior to make adjustments to
the boundary of the National Park of American Samoa to include
certain portions of the islands of Ofu and Olosega within the
park.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
H.R. 1712--An act to authorize the Secretary of the Interior to make
adjustments to the boundary of the National Park of American
Samoa to include certain portions of the islands of Ofu and
Olosega within the park
H.R. 1712 would allow the National Park Service (NPS) to
modify the boundary of the National Park of American Samoa if
the lands and adjacent waters to be added to the park can be
leased by the federal government.
Based on information provided by the NPS and assuming
appropriation of the necessary amounts, CBO estimates that
implementing H.R. 1712 would cost the federal government less
than $500,000 annually beginning within a year following
enactment. This amount would be used to lease and manage up to
about 1,500 acres of land on the islands of Ofu and Olosega.
(An additional 1,500 acres of adjacent waters might also be
leased, at no cost to the government.)
H.R. 1712 would not affect direct spending; 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 impose no costs on
state, local, or tribal governments.
On March 5, 2002, CBO transmitted a cost estimate for H.R.
1712 as ordered reported by the House Committee on Resources on
February 27, 2002. The two versions of the legislation are
identical, as are the cost estimates.
The CBO 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 H.R. 1712. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
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 the
enactment of H.R. 1712, as ordered reported.
Executive Communications
The pertinent legislative report received by the Committee
from the Department of the Interior setting forth Executive
agency recommendations relating to H.R. 1712 is set forth
below:
U.S. Department of the Interior,
Office of the Secretary,
Washington, DC, July 24, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on H.R. 1712, a bill to authorize
the Secretary of the Interior to make minor adjustments to the
boundary of the National Park of American Samoa, to include
certain lands of the islands of Ofu and Olosega within the
park, and for other purposes. The House passed this legislation
on March 19, 2002.
The Department does not oppose H.R. 1712. This legislation
will provide authority for the Secretary of the Interior to
adjust the boundary of the National Park of American Samoa to
include up to approximately 1,000 acres of land on the island
of Olosega, up to approximately 450 acres on the island of Ofu,
and approximately 1,500 acres of ocean waters offshore of
Olosega and Ofu. The lands on the island of Olosega and the
adjacent offshore waters will add important cultural,
biological and marine resources to the national park. The lands
on the island of Ofu will ensure the long-term protection of
important and fragile coral reef resources presently within the
national park.
Proposed additions on Ofu contain excellent wildlife and
coral reef habitats. Currently, only a strip of sand beach and
the associated coral reef are within the national park boundary
on Ofu. This coastal area contains a world-class coral reef
area of remarkably high diversity and beauty. The proposed
addition would protect the upland watershed so that the coral
reef would not be impaired by non-park developments. Coastal
areas on the north side of Ofu are proposed because of the
exceptionally healthy and diverse coral communities found
there, and because the north shores of Ofu and Olosega are
connected and constitute a single coral reef ecosystem.
The archeological resources found on Olosega between the
300 and 800-foot elevations are not only important, but are
unique in American Samoa. Unique to Olosega are the number of
star mounds and what appears to be a remnant agro-forestry
system. Archeological reconnaissance surveys carried out on
Olosega in July 1999 by the National Park Service and the
University of North Dakota's Department of Anthropology
identified 31 star mounds, 46 modified terraces, 14 house
platforms, an elevated grave site believed to be associated
with the Tui Olosega (King of Olosega), and numerous stone
tools. Star mounds are massive rock platforms with radiating
arms built by the ancient Samomans for cultural and sporting
events. Up until 1999, star mounds wereknown to exist only on
Upolo (in Samao) and Tutuila islands. Archaeologists believe the agro-
forestry system found on Olosega, with further study, could prove to be
an agricultural system that existed in relative equilibrium with the
native forest system. Most of the sites and artifacts found on Olosega
were well-preserved.
Also in 1999, a survey of Olosega's biotic resources by the
park's wildlife biologist found that the unoccupied portions of
the island provide excellent habitat for native wildlife. Large
tracts of land on Olosega remain relatively wild and the island
is free of many of the introduced species that compete with the
native wildlife within the park on Tutuila. In addition,
Olosega includes the presence of the rarer bird species that
occur in American Samoa. Fiji shrikebill, uncommon on the other
islands, were consistently seen on Olosega during the 1999
survey. The Friendly ground dove and the Blue-crowned lory are
also present. The Friendly ground dove is a candidate for
listing as an endangered species. Biologists believe the
shrikebill found on Olosega may be a separate subspecies found
only on the Manu's Islands.
Although Olosega shares the same fauna found on the other
islands of American Samoa, the species composition of the
forest trees is somewhat unique. The 1999 survey found a high
concentration of Samoan medicinal plants. Many of these
medicinal plants are disappearing from the native forests of
Samoa. The survey also found that the area between the 200 and
800-foot elevation represented a traditional mixed agro-
forestry system developed over decades of manipulation and
cultural use. The system appeared to be relatively stable and
may have reached a sustainable equilibrium.
Small populations of two species of flying foxes are
believed to exist on Olosega. Protection of these fruit-eating
bats is included in the park's enabling legislation. In
addition, there are indications that a few individuals of the
nearly extirpated sheath-tailed bat are present on Olosega.
This small insectivorous bat is a candidate for listing as an
endangered species and is not currently found within the
existing boundary of the park.
The coastal and marine areas of Olosega contain rich coral
and fish communities and would complement the Ofu reef
currently included within the park boundary. Surveys have found
that Olosega's offshore waters are among the richest and most
densely populated with fish species in the entire Samoan
archipelago. Both the endangered Hawksbill and the threatened
Green sea turtles are present in Olosega's offshore waters. The
U.S. Fish and Wildlife Service and the National Marine
Fisheries Service believe that the Hawksbill turtle is a
species rapidly approaching extinction, making its protection
in Olosega's reefs and offshore waters of vital importance.
The law that established the National Park of American
Samoa does not provide the authority for the National Park
Service to acquire park lands, but instead requires that lands
must be leased from the Governor of American Samoa. Lands
within the authorized boundary expansion would be added to the
park incrementally, based on future discussions with village
landowners and modification of the existing lease. The park's
enabling legislation places the responsibility for determining
the rental value of lands to be leased for the national park
with the High Court of American Samoa. As a point of reference,
the park currently leases approximately 8,000 acres for
$419,000 annually. The offshore waters would be leased from the
Government of American Samoa at no cost. No development is
contemplated within the boundary adjustment areas, so no line-
item construction or significant development costs are
anticipated in connection with H.R. 1712.
In March 1998, the Olosenga Village Council noted in a
letter to American Samoa's Congressional representative,
Congressman Eni F.H. Faleomavaega, that the national park has
contributed much to the preservation of Samoan culture, the
rainforest and the coral reef. In addition, the council noted
that the park has also been a positive factor to the economic
well-being of the territory through tourism and lease payments
to the villages in the park. The village council of Olosega
expressed its support for expansion of the park boundaries, and
we are pleased that this has been a grassroots effort supported
by the community.
Also significant would be inclusion of the coral reefs
around portions of Olosega within the national park, which
would further the Governor's directive to local agencies to
protect 20 percent of the territory's coral reefs. At present,
only about six percent of the territory's reefs are in
protected areas.
At the House hearing on February 14, 2002, we recommended
two technical amendments, which the House included in the bill
that passed on March 19, 2002.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerly,
Craig Manson,
Assistant Secretary for Fish
and Wildlife and Parks.
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 Act H.R. 1712, 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 100-571, 100th Congress
AN ACT To establish the National Park of American Samoa
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSES.
* * * * * * *
SEC. 2. ESTABLISHMENT.
(a) * * *
(b) Area Included.--(1) The park shall consist of three
units as generally depicted on the following maps entitled
``Boundary Map, National Park of America Samoa'': [(1)] (A) map
number NP-AS 80,000A, dated August 1988, [(2)] (B) map number
NP-AS 80,000B, dated August 1988, and [(3)] (C) map number NP-
AS 80,000C, dated August 1988. Before publication of the maps,
the Secretary, after consultation with the Governor of American
Samoa and other appropriate leaders, may adjust the boundaries
of the part to correspond with the appropriate village
boundaries and modify the maps accordingly. The maps should be
on file and available for public inspection in the offices of
the National Park Service, Department of the Interior. The
Secretary may at any time make revisions of the boundary of the
park in accordance with section 7(c) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-4 and following),
pursuant to agreement with the Governor of American Samoa, and
contingent upon the lease to the Secretary of lands within the
new boundaries.
(2) The Secretary may make adjustments to the boundary of
the park to include within the park certain portions of the
islands of Ofu and Olosega, as depicted on the map entitled
``National Park of American Samoa, Proposed Boundary
Adjustment'', number 82,035 and dated February 2002, pursuant
to an agreement with the Governor of America Samoa and
contingent upon the lease to the Secretary of the newly added
lands. As soon as practicable after a boundary adjustment under
this paragraph, the Secretary shall modify the maps referred to
in paragraph (1) accordingly.
* * * * * * *