[Senate Report 106-93]
[From the U.S. Government Publishing Office]
Calendar No. 175
106th Congress Report
SENATE
1st Session 106-93
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HAWAIIAN NATIONAL PARK LANGUAGE CORRECTION ACT OF 1999
_______
June 24, 1999.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 939]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 939) to correct spelling errors in the
statutory designations of Hawaiian National Parks, having
considered the same, reports favorably thereon with amendments
and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. On page 3, line 12 strike ``first section of the''.
2. On page 3, line 17 strike the word ``Park'' and insert
in lieu thereof the following, ``Park'' each place it appears.
3. On page 4, in subsection (e) strike the words
``Historical Site'' each place they appear and insert in lieu
thereof ``Historic Site''.
4. On page 4, line 15, strike the word ``Section'', and
insert in lieu thereof ``(a) Section''.
5. At the end of page 4 add the following new subsection:
``(b) The first section of Public Law 94-567 (90 Stat.
2692) is amended in subsection (e) by striking ``Haleakala''
each place it appears and inserting ``Haleakala''.
Purpose of the Measure
The purpose of S. 939, as ordered reported, is to correct
spelling errors in the statutory designations of National Park
System units in the State of Hawaii.
Background and Need
Seven National Park System units in the State of Hawaii
have Hawaiian names. In the Hawaiian language, the inclusion of
diacritical marks can change the meaning of otherwise
identically spelled words. When the affected park units in
Hawaii were originally designated, the necessary diacritical
marks were not included as part of the official park names.
This legislation corrects these designations.
Legislative History
S. 939 was introduced by Senators Akaka and Inouye on May
3, 1999. The Subcommittee on National Parks, Historic
Preservation and Recreation held a hearing on S. 939 on May 25,
1999.
At its business meeting on June 16, 1999, the Committee on
Energy and Natural Resources ordered S. 939, favorably
reported, with an amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 16, 1999, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 939, if
amended as described herein.
Committee Amendment
During its consideration of S. 939, the Committee adopted a
technical amendment which corrects a spelling error and makes a
number of technical, clarifying and conforming changes to the
bill. In addition, one additional Public Law concerning
Haleakala National Park was added to the list of designations
that needed to be corrected.
Section-by-Section Analysis
Section 1 designates the bill's short title as the
``Hawaiian National Park Language Correction Act of 1999''.
Section 2(a) amends Public Law 87-278 (75 Stat. 577) by
changing the spelling of ``Hawaii Volcanoes National Park'' to
``Hawai`i Volcanoes National Park''.
Subsection (b) amends Public Law 86-744 (74 Stat. 881) by
changing the spelling of ``Haleakala National Park'' to
``Haleakala National Park''.
Subsection (c) amends Section 505 of Public Law 95-625 (16
U.S.C. 396d) by changing the spelling of ``Kaloko-Honokohau
National Historical Park'' to ``Kaloko-Honokohau National
Historical Park''.
Subsection (d) amends the Public Law of July 26, 1955
(chapter 385: 69 Stat. 376) as amended by section 305 of Public
Law 95-625 (92 Stat. 3477) by changing the spelling of
``Puuhonua o Honauuau National Historical Park'' to ``Pu`uhonua
o Honannau National Historical Park''.
Subsection (e) amends Public Law 92-388 (86 Stat. 562) by
changing the spelling of ``Puukohola Heiau National Historic
Site'' to ``Pu`ukohola Heiau National Historic Site''.
Section 3(a) amends Section 401(6) of Public Law 95-625
(U.S.C. 92 Stat. 3489), the National Parks and Recreation Act
of 1978 by changing the spelling of Hawaii Volcanoes National
Park' to ``Hawai`i Volcanoes National Park''.
Subsection (b) amends Public Law 94-567 by changing the
spelling of ``Haleakala National Park'' to ``Haleakala National
Park''.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 23, 1999.
Hon. Frank H. Murkowski,
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. 939, the Hawaiian
National Park Language Correction Act of 1999.
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.
S. 939--Hawaiian National Park Language Correction Act of 1999
S. 939 would correct spelling errors in the statutes that
designate certain national park units in Hawaii. CBO estimates
that implementing the bill would have no significant impact on
the federal budget. The bill would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply. S. 939 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact is Deborah Reis. This estimate was
approved by Paul N. Van de Water, 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. 939. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
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
enactment of S. 939, as ordered reported.
Executive Communications
On May 25, 1999, 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 views on S. 939. These reports had not been
received at the time the report on S. 939 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement of Katherine H. Stevenson, Associate Director, Cultural
Resource Stewardship and Partnership, National Park Service, Department
of the Interior
Thank you for the opportunity to present the position of
the Department of the Interior on S. 939, a bill to correct
spelling errors in the statutory designations of Hawaiian
National Parks.
The Department of the Interior strongly supports this bill.
S. 939 would correct the statutory spellings for 5 Hawaiian
units of the National Park system--Haleakala National Park,
Hawaii Volcanoes National Park, Kaloko-Honokohau National
Historic Park, Puukohola Heiau National Historic Site, and
Puuhonau o Honaunau National Historic Park.
The bill brings the statutory names of these units into
conformity with the native Hawaiian language by recognizing
that the original spellings of the statutory designations of
these parks were incorrect. We believe these misspellings were
the result of an oversight, and were not intentional. In some
cases, though, the misspellings changed the meaning of a
designation. The spelling of Haleakala in the designation of
Haleakala National Park, for instance, means ``House of
Raspberry'' in the native Hawaiian language. Under the S. 939
corrected spelling, this designation means ``House of the
Rising Sun.'' This is what native Hawaiians call this area, and
we assume is what Congress intended this area to be called when
it established this park in 1960.
We would like to suggest a few technical corrections to
this bill. We propose that the words ``first section of the''
be stricken from line 12 of page 3 (Section 2(d)(1)), and the
words ``each place it appears'' be inserted on line 17 before
``and'', as the name of Pu`uhonua o Honaunau National
Historical Park appears several places in the Act of July 21,
1955, not just in the first section. In addition, we recommend
that the references on lines 1, 5, 7, and 13 on page 4 (Section
2(e)) to ``Historical Site'' be changed to ``Historic Site'' to
reflect the correct name of the park. Finally we propose that
an ``(a)'' be inserted at the beginning of line 15 on page 4,
and the following conforming amendment be added to Section 3:
(b) The first section of Public Law 94-567 (90 Stat.
2692) is amended in subsection (e) by striking
``Haleakala'' each place it appears and inserting
``Haleakala''.
Because this bill accords the native Hawaiian tongue the
respect it deserves by correcting the spellings of these
Hawaiian parks, we urge it swift passage. This concludes my
testimony. I would be happy to answer any of your questions.
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. 939, 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 84-177, as amended by Public Law 95-625 of November 10,
1978)
* * * * * * *
name change; city of refuge national historical park
Sec. 305. The Act of July 21, 1955 (69 Stat. 376) is hereby
amended to redesignate the City of Refuge National Historical
Park as the [Puuhonua o Honaunau National Historical Park]
Pu`uhonua o Honannau National Historical Park.
* * * * * * *
TITLE IV--WILDERNESS
designation of areas
Sec. 401 * * *
(1) * * *
* * * * * * *
(6) [Hawaii Volcanoes National Park] Hawai`i
Volcanoes National Park, wilderness comprising
approximately one hundred and twenty-three thousand one
hundred acres and potential wilderness additions
comprising approximately seven thousand eight hundred
and fifty acres depicted on a map entitled ``Wilderness
Plan, [Hawaii Volcanoes National Park] Hawai`i
Volcanoes National Park, Hawaii'', numbered 124-20,020
and dated April 1974, to be known as the [Hawaii
Volcanoes] Hawai`i Volcanoes Wilderness.
* * * * * * *
[Kaloko-Honokohau] Kaloko-honokohau
Sec. 505. (a) In order to provide a center for the
preservation, interpretation, and perpetuation of traditional
native Hawaiian activities and culture, and to demonstrate
historic land use patterns as well as to provide a needed
resource for the education, enjoyment, and appreciation of such
traditional native Hawaiian activities and culture by local
residents and visitors, there is established the [Kaloko-
Honokohau] Kaloko-honokohau National Historical Park
(hereinafter in this section referred to as the ``park'') in
Hawaii comprising approximately one thousand three hundred
acres as generally depicted on the map entitled ``[Kaloko-
Honokohau] Kaloko-honokohau National Historical Park,''
numbered KHN-80,000, and dated May 1978, which shall be on file
and available for public inspection in the appropriate offices
of the National Park Service, Department of the Interior.
(b) Except for any lands owned by the State of Hawaii or
its subdivisions, which may be acquired only by donation, the
Secretary is authorized to acquire the lands described above by
donation, exchange, or purchase through the use of donated or
appropriated funds, notwithstanding any prior restriction of
law.
(c) The Secretary shall administer the park in accordance
with this section and the provisions of law generally
applicable to units of the national park system, including the
Acts approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 461-
467), and August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et
seq.), and generally in accordance with the guidelines provided
in the study report entitled [Kaloko-Honokohau] Kaloko-
honokohau prepared by the Honokohau Study Advisory Commission
and the National Park Service, May 1974, GPO 690-514.
* * * * * * *
(f)(1) There is hereby established the [Kaloko-Honokohau]
Kaloko-honokohau Na Hoa Pili O [Kaloko-Honokohau] Kaloko-
honokohau (The Friends of [Kaloko-Honokohau] Kaloko-honokohau),
an Advisory Commission for the park. The Commission shall be
composed of nine members, appointed by the Secretary, at least
five of whom shall be selected from nominations provided by
native Hawaiian organizations. All members of the Commission
shall be residents of the State of Hawaii, and at least six
members shall be native Hawaiians. Members of the Commission
shall be appointed for five-year terms except that initial
appointment(s) shall consist of two members appointed for a
term of five years, two for a term of four years, two for a
term of three years, two for a term of two years, and one for a
term of one year. No member may serve more than one term
consecutively.
* * * * * * *
----------
(Public Law 86-744)
AN ACT To designate and establish that portion of Hawaii National Park
on the island of Maui, in the state of Hawaii, as the [Haleakala]
Haleakala National Park, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
effective July 1, 1961, the detached portion of the Hawaii
National Park which lies on the island of Maui is hereby
established as a separate unit of the national park system to
be known as [Haleakala] Haleakala National Park. The park so
established shall be administered in accordance with the Act
entitled ``An Act to establish a National Park Service, and for
other purposes'', approved August 25, 1916 (39 Stat, 535), as
amended and supplemented, and in accordance with any other
applicable provision of law relating to the Maui portion of
Hawaii National Park. Approved September 13, 1960.
----------
(Public Law 87-278)
AN ACT To change the designation of that portion of the Hawaii National
Park on the island of Hawaii, the state of Hawaii, to the [Hawaii
Volcanoes National Park] Hawai`i Volcanoes National Park and for other
purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
effective upon enactment of this Act, portion of the Hawaii
National Park situated on the island of Hawaii, established and
administered pursuant to the Act of August 1, 1916 (39 Stat.
432), as amended and supplemented, shall be known as the
[Hawaii Volcanoes National Park] Hawai`i Volcanoes National
Park.
Approved September 22, 1961.
----------
(Public Law 92-388)
AN ACT To provide for the establishment of the Puukohola Heiau National
Historic Site, in the State 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 in
order to restore and preserve in public ownership the
historically significant temple associated with Kamehameha the
Great, who founded the historic Kingdom of Hawaii, and the
property of John Young who fought for Kamehameha the Great
during the period of his ascendancy to power, the Secretary of
the Interior is authorized to acquire, by donation or purchase
with donated funds, such lands and interests in lands, together
with structures and improvements thereon, not to exceed one
hundred acres, in the vicinity of Kawaihae, Hawaii, as
generally depicted on a map entitled ``Boundary Map, Proposed
[Puukohola Heiau National Historic Site] Pu`ukohola Heiau
National Historic Site,'' numbered NHS-PK 20,002, dated
February 1970, which shall be off file and available for public
inspection in the offices of the National Park Service,
Washington, District of Columbia. The Secretary of the Interior
may from time to time revise the boundaries of the proposed
historic site, but the total acreage of the site shall not
exceed one hundred acres.
Sec. 2. The Secretary of the Interior shall establish the
area as the [Puukohola Heiau National Historic Site] Pu`ukohola
Heiau National Historic Site at such times as he deems
sufficient interests in lands have been acquired to constitute
an administrable unit. Pending and after establishment, the
[Puukohola Heiau National Historic Site] Pu`ukohola Heiau
National Historic Site shall be administered, developed,
preserved, and maintained in accordance with the provisions of
the Act entitled ``An Act to establish a National Park Service
and for other purposes'', approved August 25, 1916 (39 Stat.
535), as amended and supplemented (16 U.S.C. 1 et seq.), and
the Act entitled ``An Act to provide for the preservation of
historic American sites, Buildings, objects, and antiquities of
national significance, and for other purposes'', approved
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
* * * * * * *
----------
(Public Law 94-567)
AN ACT To designate certain lands within units of the National Park
System as wilderness; to revise the boundaries of certain of those
units; and for other purposes
* * * * * * *
(a) * * *
* * * * * * *
(e) [Haleakala] Haleakala National Park, Hawaii wilderness
comprising nineteen thousand two hundred and seventy acres, and
potential wilderness additions comprising five thousand five
hundred acres depicted on a map entitled ``Wilderness Plan,
[Haleakala] Haleakala National Park, Hawaii'', numbered 162-
20,006-A and dated July 1972, to be known as the [Haleakala]
Haleakala Wilderness.
* * * * * * *