49 



some go through areas where management and protection of certain resources re- 

 quires controlling visitor use. 



At the southern end of the park several small waterfront dwellings are located 

 in the vicinity of the Aizopio fish trap. These dwellings have been on property of 

 the Federal government since 1988 when the Park Service acquired the land. The 

 permittees, who have been residents here for years, have been allowed to maintain 

 their residency under the provisions of individual, nontransferable, special use per- 

 mits granted by the Park Service. The continuation of these permits to prior resi- 

 dents for a specific period of time has been carried out by the National Park Service 

 (following a recommendation made in the Spirit of Ka-loko Hono-ko-hau). As indi- 

 viduals choose to leave, the long-term goal is to stabilize and restore this area as 

 the prehistoric Puzuoina heiau and Ai'opio fish trap. 



The Spirit of Ka-loko Hono-ko-hau discussed needed park facilities in general, 

 calling for the precise location and size of these to be determined after more detailed 

 planning and archaeological research. The development concepts discussed in the re- 

 port consisted of a live-in cultural education center for Hawaiians, an orientation 

 complex for park visitors (parking, a structure and administrative offices), a cultural 

 activities area, wayside exhibits, rest rooms, and a central maintenance facility. 

 None of these now exist in the park. 



The locations of these and other needed facilities, including providing adequate 

 and safe visitor access from the highway, have been determined in this general 

 management plan. At issue here is to make certain these facilities are sited so as 

 not to adversely impact the resources of Kaloko-Honokohau, the tangible and the 

 intangible. 



As recommended in the study report, Spirit of Ka-loko Hono-ko-hau, the park's 

 1978 enabling legislation authorized the Secretary of the Interior to appoint a park 

 advisory commission. The commission (nine members, at least six to be native Ha- 

 waiian) was to advise the park regarding its "...historical, archaeological, cultural, 

 and interpretive programs and to "...afford particular emphasis to the quality of 

 traditional native Hawaiian culture demonstrated in the park." Section 505(f)(7) of 

 Public Law 95-625 provided that the Na Hoa Pili Kaloko-Honokohau Advisory 

 Commission would terminate within ten years of the enactment of Public Law 95- 

 625. Public Law 95-625 was enacted in November 1978. Since more than ten years 

 have passed since the date of enactment of this statue, the National Park Service 

 cannot use Public Law 95-625 as the basis for establishing the Na Hoa Pili O 

 Kaloko-Honokohau Advisory Commission. 



At the public meetings held to scope out general management plan issues, several 

 requests were made to establish the advisory commission. Establishment of the 

 park's advisory commission surfaced again during the review period for the draft 

 plan and environmental impact statement. Public comment was unanimous to es- 

 tablish the park's official advisory commission, Na Hoa Pili O Kaloko-Honokohau. 



Since February 1993, the Department of the Interior and the National Park Serv- 

 ice have not been able to sponsor the establishment of an advisory commission for 

 Kaloko-Honokohau National Historical Park. Executive Order 12838, issued Feb- 

 ruary 10, 1993 and entitled Termination and Limitation of Federal Advisory Com- 

 mittees , places restrictions and limitations on all federal executive departments and 

 agencies with regard to sponsoring the continuation or establishment of federal ad- 

 visory committees. As part of the federal executive branch, the National Park Serv- 

 ice must comply with the provisions of this executive order (see Appendix A for the 

 full text). 



To address this situation, Congressional representatives have proposed legislation 

 in both the House of Representatives and in the Senate. This legislation has passed 

 in both the House and Senate. If enacted, it would allow the National Park Service 

 to establish the Na Hoa Pili O Kaloko-Honokohau Advisory Commission. 



Prepared Statement of Madeleine Z. Bordallo, Lieutenant Governor, Acting 



Governor of Guam 



There is perhaps no other natural resource that is as fundamentally critical to the 

 quality of life for the people of Guam as the benefits we derive from our surrounding 

 ocean, and I thank you for the opportunity to provide testimony on the proposed 

 amendments to the Magnuson Fishery Conservation and Management Act in sup- 

 port of the basic rights of native and indigenous islanders. 



From Guam's standpoint, our inherent rights to our resources must be the start- 

 ing point for any discussion of policy with respect to our marine resources. In the 

 forum provided by today's hearing we are inherently discussing the Exclusive Eco- 



