House Report 111-484 - BUNITAN TASI ACT

[House Report 111-484]
[From the U.S. Government Publishing Office]

111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-484

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BUNITAN TASI ACT

_______

May 18, 2010.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Rahall, from the Committee on Natural Resources, submitted the
following

R E P O R T

[To accompany H.R. 4493]

[Including cost estimate of the Congressional Budget Office]

The Committee on Natural Resources, to whom was referred
the bill (H.R. 4493) to provide for the enhancement of visitor
services, fish and wildlife research, and marine and coastal
resource management on Guam related to the Marianas Trench
Marine National Monument, and for other purposes, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Bunitan Tasi Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Proclamation.--The term ``Proclamation'' means
Presidential Proclamation 8335 of January 6, 2009.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Commerce.

SEC. 3. TREATMENT OF THE GOVERNMENT OF GUAM AS A COOPERATING AGENCY.

In implementing the Proclamation, the Secretaries shall treat the
Government of Guam as a cooperating agency with responsibilities and
roles similar to the Government of the Commonwealth of the Northern
Mariana Islands, including with respect to membership on the Mariana
Monument Advisory Council.

SEC. 4. ENHANCEMENT OF NATIONAL WILDLIFE REFUGE SYSTEM RESOURCE
MANAGEMENT, VISITOR SERVICES, AND ENVIRONMENTAL
EDUCATION PROGRAMS ON GUAM.

(a) In General.--The Secretary of the Interior may--
(1) enhance existing visitor services programs at the Guam
National Wildlife Refuge; and
(2) initiate a comprehensive program, in consultation with
the Government of Guam, to--
(A) facilitate natural resource exploration and
research; and
(B) encourage tourism, recreation, and economic
opportunities to build public awareness and
appreciation of the natural resources under the
jurisdiction of the Department of the Interior and the
Department of Commerce.
(b) Included Activities.--Activities under subsection (a) may
include--
(1) enhanced resource management, research, and visitor
services programs to promote and interpret for the general
public the fish and wildlife resources of Guam including
activities to improve conservation of coral reef ecosystems (as
that term is defined in the Coral Reef Conservation Act of 2000
(16 U.S.C. 6401 et seq.)) and activities to conserve the marine
resources of Guam, including indigenous fishing; and
(2) the facilitation of environmental education for students
on Guam in partnership with the University of Guam, the Guam
Community College, and the Guam Department of Education.
(c) Donations.--For the purposes of carrying out this section, the
Secretary of the Interior may accept, retain, and expend donations of
funds, and use property or services donated from private persons and
entities or from public entities.

Amend the title so as to read:

A bill to provide for treatment of the Government of Guam
as a cooperating agency in the implementation of the
Presidential proclamation that established the Marianas Trench
Marine National Monument, to provide for the enhancement of
visitor services at the Guam National Wildlife Refuge, and for
other purposes.

PURPOSE OF THE BILL

The purpose of H.R. 4493, as ordered reported, is to
provide for the treatment of the Government of Guam as a
cooperating agency in the implementation of the Presidential
proclamation that established the Marianas Trench Marine
National Monument, provide for the enhancement of visitor
services at the Guam National Wildlife Refuge, and for other
purposes.

BACKGROUND AND NEED FOR LEGISLATION

On January 6, 2009, in recognition of the unique
biological, ecological, geological and cultural heritage of the
lands, waters and submerged lands of the Mariana Ridge,
President George W. Bush signed Presidential Proclamation 8335
to establish the Marianas Trench Marine National Monument. The
creation of this monument, encompassing approximately 95,216
square miles, will ensure the protection of rare and
scientifically significant marine resources including the
biologically rich waters of the archipelago's northern islands,
as well as the unique geological and volcanic phenomena of the
Mariana Ridge, including the Challenger Deep, the deepest part
of Earth's oceans.
The monument is composed of three units: the ``Islands
Unit'' which includes the waters and submerged lands of the
three northernmost Mariana Islands; the ``Volcanic Unit,'' made
up of the submerged lands within one nautical mile of 21
designated volcanic sites; and the ``Trench Unit,'' which
extends from the northern limit of the Exclusive Economic Zone
of the United States in the Commonwealth of the Northern
Mariana Islands to the southern limit of the Exclusive Economic
Zone of the United States in Guam, following the geographical
footprint of the Mariana Trench.
Under the terms of the proclamation the Secretary of the
Interior has management responsibility for the monument, in
consultation with the Secretary of Commerce, except with
respect to fishery-related activities regulated pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act, over
which the Secretary of Commerce will have primary management
responsibility.\1\ The proclamation calls for the Secretaries
of Commerce and the Interior to permit scientific exploration
and research within the monument, prohibit commercial fishing
within the Islands Unit, and ensure that subsistence,
recreational, and traditional indigenous fishing will be
managed as a sustainable activity.
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\1\Under Secretarial Order 3284, issued on January 16, 2009, the
authority given to the Secretary of the Interior to manage the monument
was delegated to the U.S. Fish and Wildlife Service (FWS). This order
directed that the Trench and Volcanic Units be managed as units of the
National Wildlife Refuge System, and the Island Unit be similarly
managed by the Director of the FWS but not as a part of the National
Wildlife Refuge System.
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The Secretaries of the Interior and Commerce are also
required to establish management plans for the monument to
encourage public education and outreach, promote monument-
related scientific exploration and research, tourism, and
recreational and economic activities, and allow for traditional
access to indigenous peoples for culturally significant
subsistence, cultural, and religious uses.
In addition, the proclamation requires that the
Commonwealth of the Northern Mariana Islands be treated as a
cooperating agency in regards to long-term planning and the
establishment of an advisory council. The Territory of Guam is
not recognized for such purposes despite its proximity to the
southern portion of the monument.

COMMITTEE ACTION

H.R. 4493 was introduced on January 21, 2010 by
Congresswoman Madeleine Bordallo (D-GU). The bill was referred
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on Insular Affairs, Oceans and Wildlife. On
February 25, 2010, the Subcommittee held a hearing on the bill.
On May 5, 2010, the Subcommittee was discharged from the
further consideration of H.R. 4493 and the full Natural
Resources Committee met to consider the bill. Congresswoman
Bordallo (D-GU) offered an amendment in the nature of a
substitute to delete the authorization for the establishment of
a new multipurpose visitor facility on Guam, to enhance visitor
services at the Guam National Wildlife Refuge, and to
streamline the language designating the Government of Guam as a
cooperating agency for the purposes of implementing the
proclamation. The amendment was adopted by voice vote. The
bill, as amended, was then ordered favorably reported to the
House of Representatives by voice vote.

SECTION-BY-SECTION ANALYSIS

Section 1. Short title

Section 1 provides that this Act may be cited as the
``Bunitan Tasi Act.'' Bunitan tasi means ``beautiful ocean'' in
Chamorro, the indigenous language of Guam.

Section 2. Definitions

This section defines the term ``Proclamation'' to mean
Presidential Proclamation 8335 of January 6, 2009. It defines
the term ``Secretaries'' to mean the Secretary of the Interior
and the Secretary of Commerce.

Section 3. Treatment of the Government of Guam as a Cooperating Agency

This section stipulates that in implementing the
proclamation and with respect to membership on the Mariana
Monument Advisory Council, that the Secretaries shall treat the
Government of Guam as a cooperating agency with
responsibilities and roles similar to the Government of the
Commonwealth of the Northern Mariana Islands.

Section 4. Enhancement of National Wildlife Refuge System Resource
Management, Visitor Services, and Environmental Education
Programs on Guam

This section authorizes the Secretary of the Interior to
enhance existing visitor services programs at the Guam National
Wildlife Refuge; to initiate an exploration, research and
public awareness program to promote the natural resources of
Guam; and to facilitate environmental education for students on
Guam in partnership with local colleges and universities. It
also allows the Secretary to accept donations of money,
property or services to carry out these activities.

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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant 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, as ordered reported, is to provide for
the treatment of the Government of Guam as a cooperating agency
in the implementation of the Presidential proclamation that
established the Marianas Trench Marine National Monument,
provide for the enhancement of visitor services at the Guam
National Wildlife Refuge, and for other purposes.
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:

H.R. 4493--Bunitan Tasi Act

Summary: H.R. 4493 would authorize the Secretary of the
Interior to establish certain environmental research and
education programs on the island of Guam. The bill also would
allow the Secretary to collect and spend donations to support
those activities.
Based on information from the Fish and Wildlife Service
(FWS) and assuming appropriation of the necessary amounts, CBO
estimates that implementing the legislation would cost $15
million over the 2011-2015 period. Enacting the legislation
could increase offsetting receipts (from private donations) and
associated direct spending; therefore, pay-as-you-go procedures
would apply. However, CBO estimates that the net effects would
be negligible for each year. Enacting the bill would not affect
revenues.
H.R. 4493 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4493 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).

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By fiscal year, in millions of dollars--
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2011 2012 2013 2014 2015 2011-2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.................................... 4 3 3 3 3 16
Estimated Outlays................................................ 3 3 3 3 3 15
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted by the end of fiscal year 2010 and
that the necessary amounts will be appropriated for each fiscal
year. Estimated outlays are based on historical spending
patterns for similar activities.
H.R. 4493 would authorize the Secretary of the Interior to
establish certain environmental research and education programs
on the island of Guam. Based on information from the FWS, CBO
estimates that implementing the new programs would cost $1
million in 2011 for start-up activities and $3 million annually
for additional staffing and ongoing activities. Assuming
appropriation of the necessary amounts, CBO estimates that
implementing the legislation would cost $15 million over the
2011-2015 period.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. H.R. 4493 could increase offsetting receipts (from
private donations) and associated direct spending; therefore,
pay-as-you-go procedures would apply. However, CBO estimates
that any increase in offsetting receipts would be less than
$500,000 a year and would be offset by similar increases in
direct spending. The net budgetary changes that are subject to
pay-as-you-go procedures are shown in the following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4493, THE BUNITAN TASI ACT, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON MAY 5,
2010
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By fiscal year, in millions of dollars--
----------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
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NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............ 0 0 0 0 0 0 0 0 0 0 0 0 0
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Intergovernmental and private-sector impact: H.R. 4493
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104-4

This bill contains no unfunded mandates.

EARMARK STATEMENT

H.R. 4493 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.

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.