[Senate Report 108-4]
[From the U.S. Government Publishing Office]
Calendar No. 12
108th Congress Report
SENATE
1st Session 108-4
======================================================================
MIAMI CIRCLE/BISCAYNE NATIONAL PARK
_______
February 11, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 111]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 111) to direct the Secretary of the
Interior to conduct a special resource study to determine the
national significance of the Miami Circle site in the State of
Florida as well as the suitability and feasibility of its
inclusion in the National Park System as part of Biscayne
National Park, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SPECIAL RESOURCE STUDY.
(a) Study.--Not later than 3 years after the date funds are made
available, the Secretary of the Interior (hereinafter referred to as
the ``Secretary'') shall conduct a special resource study to determine
the national significance of the Miami Circle archaeological site in
Miami-Dade County, Florida (hereinafter referred to as ``Miami
Circle''), as well as the suitability and feasibility of its inclusion
in the National Park System as part of Biscayne National Park. In
conducting the study, the Secretary shall consult with the appropriate
American Indian tribes and other interested groups and organizations.
(b) Content of Study.--In addition to determining national
significance, feasibility, and suitability, the study shall include the
analysis and recommendations of the Secretary on--
(1) any areas in or surrounding the Miami Circle that should
be included in Biscayne National Park.
(2) whether additional staff, facilities, or other resources
would be necessary to administer the Miami Circle as a unit of
Biscayne National Park; and
(3) any effect on the local area from the inclusion of Miami
Circle in Biscayne National Park.
(c) Submission of Report.--Not later than 30 days after completion
of the study, the Secretary shall submit a report on the findings and
recommendations of the study to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the United
States House of Representatives.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
PURPOSE OF THE MEASURE
The purpose of S. 111 is to direct the Secretary of the
Interior to conduct a special resource study to determine the
significance of the Miami Circle site in the State of Florida
as well as the suitability and feasibility of its inclusion in
the National Park System as part of Biscayne National Park.
BACKGROUND AND NEED
Discovered in 1998, the Miami Circle is a 38-foot-diameter
circle within a 2.2-acre archaeological site in downtown Miami,
Florida. The site is located in the bedrock on the southern
bank of the Miami River where it flows into Biscayne Bay. The
Miami Circle site is composed of 24 shallow, irregularly shaped
basins surrounded by more than 600 postholes. The general area
was documented in 1941 as a former Tequesta Native American
site, but little field work had been done to research the site
until 1998.
Some archaeologists believe that the Miami Circle is the
base of a Tequesta lodge or temple house and that it could
yield significant clues about the Tequestas' native culture.
Radiocarbon dating has shown pieces of charcoal and other
artifacts to be at least 1,800 years old.
The Miami Circle is located about 5 miles north of Biscayne
National Park. Discussions about adding Miami Circle to the
park began soon after its discovery. Other Tequesta
archaeological sites are located on the park's islands.
Biscayne National Park was first authorized as a national
monument in 1968 and was enlarged and redesignated a national
park in 1980. The park protects submerged cultural resources,
historic structures, and marine systems, including the
northernmost coral reef in the United States. Although most of
the park is underwater, approximately 4,500 acres are located
on the mainland and on several islands.
LEGISLATIVE HISTORY
S. 111 was introduced by Senators Graham and Nelson on
January 9, 2003. A similar bill, S. 1894, was introduced by
Senators Graham and Nelson during the 107th Congress. The
Subcommittee on National Parks held a hearing on S. 1894 on
February 14, 2002 and the bill was reported by the Committee on
June 5, 2002. S. 1894 passed the Senate on August 1, 2002, and
both the House and Senate on November 19, 2002, but the two
bodies were unable to resolve differences in the text before
the 107th Congress adjourned. Similar legislation, S. 762, was
also reported by the Committee and passed the Senate during the
106th Congress.
At its business meeting on February 5, 2003, the Committee
ordered S. 111 favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on February 5, 2003, by a unanimous voice of a
quorum present, recommends that the Senate pass S. 111, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 111, the Committee adopted
an amendment in the nature of a substitute. The amendment
deletes section 1 from the bill, which contained congressional
findings, and made other minor clarifying changes. The
amendment is explained in detail in the section-by-section
analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 directs the Secretary of the Interior to conduct
a special resource study not later than one year after the date
that funds are appropriated for the purposes of this Act. In
conducting the study the Secretary is directed to consult with
appropriate American Indian tribes and other interested groups
and organizations.
Subsection (b) sets forth the requirements for the study
and is self explanatory.
Subsection (c) provides for the submission of the study to
Congress.
Section 2 authorizes the appropriation of funds.
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, February 7, 2003.
Hon. Pete V. Domenici,
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. 111, a bill to
direct the Secretary of the Interior to conduct a special
resource study to determine the national significance of the
Miami Circle site in the state of Florida as well as the
suitability and feasibility of its inclusion in the National
Park System as part of Biscayne National Park.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact for this
estimate is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin, Director.
Enclosure.
S. 111--A bill to direct the Secretary of the Interior to conduct a
special resource study to determine the national significance
of the Miami Circle site in the state of Florida as well as the
suitability and feasibility of its inclusion in the National
Park System as part of Biscayne National Park
S. 111 would direct the Secretary of the Interior to
conduct a study of the Miami Circle, a recently discovered
archeological site in Miami, Florida. The study would determine
the national significance of the site as well as the
feasibility and suitability of including it within Biscayne
National Park. The bill would authorize the appropriation of
whatever sums are necessary to conduct the study, and it would
require the Secretary to report findings and recommendations
within one year and 30 days of receiving funds.
Assuming the availability of appropriated funds, CBO
estimates that implementing S. 111 would cost the federal
government $150,000 over the next year to complete the required
study and report. The bill would not affect direct spending or
revenues.
S. 111 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.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Paul R. Cullinan, Chief for Human
Resources Cost Estimates Unit of the Budget Analysis Division.
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. 111. 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. 111, as ordered reported.
EXECUTIVE COMMUNICATIONS
On February 6, 2003, 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 agency recommendations on S. 111. These reports
had not been received at the time the report on S. 111 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.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 111, as ordered
reported.