[Congressional Record Volume 148, Number 150 (Tuesday, November 19, 2002)]
[Senate]
[Pages S11634-S11636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              MIAMI CIRCLE SITE SPECIAL RESOURCE STUDY ACT

  Mr. REID. Mr. President, I ask the Chair to lay before the Senate a 
message from the House of Representatives on S. 1894.
  The Acting President pro tempore laid before the Senate a message 
from the House of Representatives on S. 1894.

       Resolved, That the bill from the Senate (S. 1894) entitled 
     ``An Act 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'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

           TITLE I--MIAMI CIRCLE SITE SPECIAL RESOURCE STUDY

     SEC. 101. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) the Tequesta Indians were one of the earliest groups to 
     establish permanent villages in southeast Florida;
       (2) the Tequestas had one of only two North American 
     civilizations that thrived and developed into a complex 
     social chiefdom without an agricultural base;
       (3) the Tequesta sites that remain preserved today are 
     rare;
       (4) the discovery of the Miami Circle, occupied by the 
     Tequesta approximately 2,000 years ago, presents a valuable 
     new opportunity to learn more about the Tequesta culture; and
       (5) Biscayne National Park also contains and protects 
     several prehistoric Tequesta sites.
       (b) Purpose.--The purpose of this title is to direct the 
     Secretary to conduct a special resource study to determine 
     the national significance of the Miami Circle site as well as 
     the suitability and feasibility of its inclusion in the 
     National Park System as part of Biscayne National Park.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Miami circle.--The term ``Miami Circle'' means the 
     Miami Circle archaeological site in Miami-Dade County, 
     Florida.
       (2) Park.--The term ``Park'' means Biscayne National Park 
     in the State of Florida.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

     SEC. 103. SPECIAL RESOURCE STUDY.

       (a) In General.--Not later than one year after the date 
     funds are made available, the Secretary shall conduct a 
     special resource study as described in subsection (b). In 
     conducting the study, the Secretary shall consult with the 
     appropriate American Indian tribes and other interested 
     groups and organizations.
       (b) Components.--In addition to a determination of national 
     significance, feasibility, and suitability, the special 
     resource study shall include the analysis and recommendations 
     of the Secretary with respect to--
       (1) which, if any, particular areas of or surrounding the 
     Miami Circle should be included in the Park;
       (2) whether any additional staff, facilities, or other 
     resources would be necessary to administer the Miami Circle 
     as a unit of the Park; and
       (3) any impact on the local area that would result from the 
     inclusion of Miami Circle in the Park.
       (c) Report.--Not later than 30 days after completion of the 
     study, the Secretary shall submit a report describing 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.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this title.

               TITLE II--GATEWAY COMMUNITIES COOPERATION

     SEC. 201. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS 
                   AND GATEWAY COMMUNITIES TO SUPPORT COMPATIBLE 
                   LAND MANAGEMENT OF BOTH FEDERAL AND ADJACENT 
                   LANDS.

       (a) Findings.--The Congress finds the following:

[[Page S11635]]

       (1) Communities that are adjacent to or near Federal lands, 
     including units of the National Park System, units of the 
     National Wildlife Refuge System, units of the National Forest 
     System, and lands administered by the Bureau of Land 
     Management, are vitally impacted by the management and public 
     use of these Federal lands.
       (2) These communities, commonly known as gateway 
     communities, fulfill an integral part in the mission of the 
     Federal lands by providing necessary services, such as 
     schools, roads, search and rescue, emergency, medical, 
     provisioning, logistical support, living quarters, and 
     drinking water and sanitary systems, for both visitors to the 
     Federal lands and employees of Federal land management 
     agencies.
       (3) Provision of these vital services by gateway 
     communities is an essential ingredient for a meaningful and 
     enjoyable experience by visitors to the Federal lands because 
     Federal land management agencies are unable to provide, or 
     are prevented from providing, these services.
       (4) Gateway communities serve as an entry point for persons 
     who visit the Federal lands and are ideal for establishment 
     of visitor services, including lodging, food service, fuel 
     and auto repairs, emergency services, and visitor 
     information.
       (5) Development in these gateway communities affect the 
     management and protection of these Federal lands, depending 
     on the extent to which advance planning for the local 
     development is coordinated between the communities and 
     Federal land managers.
       (6) The planning and management decisions of Federal land 
     managers can have unintended consequences for gateway 
     communities and the Federal lands, when the decisions are not 
     adequately communicated to, or coordinated with, the elected 
     officials and residents of gateway communities.
       (7) Experts in land management planning are available to 
     Federal land managers, but persons with technical planning 
     skills are often not readily available to gateway 
     communities, particularly small gateway communities.
       (8) Gateway communities are often affected by the policies 
     and actions of several Federal land agencies and both the 
     communities and the agencies would benefit from greater 
     interagency coordination of those policies and actions.
       (9) Persuading gateway communities to make decisions and 
     undertake actions in their communities that would also be in 
     the best interest of the Federal lands is most likely to 
     occur when such decisionmaking and actions are built upon a 
     foundation of cooperation and coordination.
       (b) Purpose.--It is the purpose of this title to require 
     Federal land managers to communicate, coordinate, and 
     cooperate with gateway communities in order to--
       (1) improve the relationships among Federal land managers, 
     elected officials, and residents of gateway communities;
       (2) enhance the facilities and services in gateway 
     communities available to visitors to Federal lands, when 
     compatible with the management of these lands; and
       (3) result in better local land use planning and decisions 
     by Federal land managers.
       (c) Definitions.--In this section:
       (1) Gateway community.--The term ``gateway community'' 
     means a county, city, town, village, or other subdivision of 
     a State, or a federally recognized American Indian tribe or 
     Alaska Native village, that--
       (A) is incorporated or recognized in a county or regional 
     land use plan; and
       (B) a Federal land manager (or the head of the tourism 
     office for the State) determines is significantly affected 
     economically, socially, or environmentally by planning and 
     management decisions regarding Federal lands administered by 
     that Federal land manager.
       (2) Federal land agencies.--The term ``Federal land 
     agencies'' means the National Park Service, United States 
     Forest Service, United States Fish and Wildlife Service, and 
     the Bureau of Land Management.
       (3) Federal land manager.--The term ``Federal land 
     manager'' means--
       (A) the superintendent of a unit of the National Park 
     System;
       (B) the manager of a national wildlife refuge;
       (C) the field office manager of a Bureau of Land Management 
     area; or
       (D) the supervisor of a unit of the National Forest System.
       (d) Participation in Federal Planning and Land Use.--
       (1) Participation in planning.--The Federal land agencies 
     shall provide for meaningful public involvement at the 
     earliest possible time by elected and appointed officials of 
     governments of local gateway communities in the development 
     of land use plans, programs, land use regulations, land use 
     decisions, transportation plans, general management plans, 
     and any other plans, decisions, projects, or policies for 
     Federal public lands under the jurisdiction of these agencies 
     that will have a significant impact on these gateway 
     communities. To facilitate such involvement, the Federal land 
     agencies shall provide these officials, at the earliest 
     possible time, with a summary in nontechnical language of the 
     assumptions, purposes, goals, and objectives of such a plan, 
     decision, project, or policy and a description of any 
     anticipated significant impact of the plan, decision, or 
     policy on gateway communities.
       (2) Early notice of proposed decisions.--To the extent 
     practicable, the Federal land agencies shall provide local 
     gateway communities with early public notice of proposed 
     decisions of these agencies that may have a significant 
     impact on gateway communities.
       (3) Training sessions.--The Federal land agencies shall 
     offer training sessions for elected and appointed officials 
     of gateway communities at which such officials can obtain a 
     better understanding of--
       (A) agency planning processes; and
       (B) the methods by which they can participate most 
     meaningfully in the development of the agency plans, 
     decisions, and policies referred to in paragraph (1).
       (4) Technical assistance.--At the request of the government 
     of a gateway community, a Federal land agency shall assign, 
     to the extent practicable, an agency employee or contractor 
     to work with the community to develop data and analysis 
     relevant to the preparation of agency plans, decisions, and 
     policies referred to in paragraph (1).
       (5) Review of federal land management planning.--At the 
     request of a gateway community, and to the extent 
     practicable, a Federal land manager shall assist the gateway 
     community to conduct a review of land use, management, or 
     transportation plans of the Federal land manager likely to 
     affect the gateway community.
       (6) Coordination of land use.--To the extent consistent 
     with the laws governing the administration of the Federal 
     public lands, a Federal land manager may enter into a 
     cooperative agreement with a gateway community to provide for 
     coordination between--
       (A) the land use inventory, planning, and management 
     activities for the Federal lands administered by the Federal 
     land manager; and
       (B) the land use planning and management activities of 
     other Federal agencies, agencies of the State in which the 
     Federal lands are located, and local and tribal governments 
     in the vicinity of the Federal lands.
       (7) Interagency cooperation and coordination.--To the 
     extent practicable, when the plans and activities of two or 
     more Federal land agencies are anticipated to have a 
     significant impact on a gateway community, the Federal land 
     agencies involved shall consolidate and coordinate their 
     plans and planning processes to facilitate the participation 
     of the gateway community in the planning processes.
       (8) Treatment as cooperating agencies.--When a proposed 
     action is determined to require the preparation of an 
     environmental impact statement, the Federal land agencies 
     shall, as soon as practicable, but not later than the scoping 
     process, actively solicit the participation of gateway 
     communities as cooperating agencies under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (e) Grants To Assist Gateway Communities.--
       (1) Grants authorized; purposes.--A Federal land manager 
     may make grants to an eligible gateway community to enable 
     the gateway community--
       (A) to participate in Federal land planning or management 
     processes;
       (B) to obtain professional land use or transportation 
     planning assistance necessary as a result of Federal action;
       (C) to address and resolve public infrastructure impacts 
     that are identified through these processes as a likely 
     result of the Federal land management decisions and for which 
     sufficient funds are not otherwise available; and
       (D) to provide public information and interpretive services 
     about the Federal lands administered by the Federal land 
     manager and the gateway community.
       (2) Eligible gateway communities.--To be eligible for a 
     grant under this subsection, a gateway community may not have 
     a population in excess of 10,000 persons.
       (f) Funding Sources.--
       (1) General agency funds.--A Federal land agency may use 
     amounts available for the general operation of the agency to 
     provide funds to Federal land managers of that agency to make 
     grants under subsection (e).
       (2) Other planning or project development funds.--Funds 
     available to a Federal land manager for planning, 
     construction, or project development may also be used to fund 
     programs under subsection (d) and make grants under 
     subsection (e).
       (3) Combination of funds.--Federal land managers from 
     different Federal land agencies may combine financial 
     resources to make grants under subsection (e).

         TITLE III--MOUNT NEBO WILDERNESS BOUNDARY ADJUSTMENTS

     SEC. 301. BOUNDARY ADJUSTMENTS, MOUNT NEBO WILDERNESS, UTAH.

       (a) Lands Removed.--The boundary of the Mount Nebo 
     Wilderness is adjusted to exclude the following:
       (1) Monument springs.--The approximately 8.4 acres of land 
     depicted on the Map as ``Monument Springs''.
       (2) Gardner canyon.--The approximately 177.8 acres of land 
     depicted on the Map as ``Gardner Canyon''.
       (3) Birch creek.--The approximately 5.0 acres of land 
     depicted on the Map as ``Birch Creek''.
       (4) Ingram canyon.--The approximately 15.4 acres of land 
     depicted on the Map as ``Ingram Canyon''.
       (5) Willow north a.--The approximately 3.4 acres of land 
     depicted on the Map as ``Willow North A''.
       (6) Willow north b.--The approximately 6.6 acres of land 
     depicted on the Map as ``Willow North B''.
       (7) Willow south.--The approximately 21.5 acres of land 
     depicted on the Map as ``Willow South''.
       (8) Mendenhall canyon.--The approximately 9.8 acres of land 
     depicted on the Map as ``Mendenhall Canyon''.
       (9) Wash canyon.--The approximately 31.4 acres of land 
     depicted on the Map as ``Wash Canyon''.
       (b) Lands Added.--Subject to valid existing rights, the 
     boundary of the Mount Nebo Wilderness is adjusted to include 
     the approximately 293.2 acres of land depicted on the Map for 
     addition to the Mount Nebo Wilderness. The Utah Wilderness 
     Act of 1984 (Public Law 94-428) shall

[[Page S11636]]

     apply to the land added to the Mount Nebo Wilderness pursuant 
     to this subsection.

     SEC. 302. MAP.

       (a) Definition.--In this title, the term ``Map'' means the 
     map entitled ``Mt. Nebo Wilderness Boundary Adjustment'', 
     numbered 531, and dated May 29, 2001.
       (b) Map on File.--The Map and the final document entitled 
     ``Mount Nebo, Proposed Boundary Adjustments, Parcel 
     Descriptions (See Map #531)'' and dated June 4, 2001, shall 
     be on file and available for inspection in the office of the 
     Chief of the Forest Service, Department of Agriculture.
       (c) Corrections.--The Secretary of Agriculture may make 
     technical corrections to the Map.

     SEC. 303. TECHNICAL BOUNDARY ADJUSTMENT.

       The boundary of the Mount Nebo Wilderness is adjusted to 
     exclude the approximately 21.26 acres of private property 
     located in Andrews Canyon, Utah, and depicted on the Map as 
     ``Dale''.

TITLE IV--BAINBRIDGE ISLAND JAPANESE-AMERICAN MEMORIAL SPECIAL RESOURCE 
                                 STUDY

     SEC. 401. FINDINGS.

       The Congress finds the following:
       (1) During World War II on February 19, 1942, President 
     Franklin Delano Roosevelt signed Executive Order 9066, 
     setting in motion the forced exile of more than 110,000 
     Japanese Americans.
       (2) In Washington State, 12,892 men, women and children of 
     Japanese ancestry experienced three years of incarceration, 
     an incarceration violating the most basic freedoms of 
     American citizens.
       (3) On March 30, 1942, 227 Bainbridge Island residents were 
     the first Japanese Americans in United States history to be 
     forcibly removed from their homes by the U.S. Army and sent 
     to internment camps. They boarded the ferry Kehloken from the 
     former Eagledale Ferry Dock, located at the end of Taylor 
     Avenue, in the city of Bainbridge Island, Washington State.
       (4) The city of Bainbridge Island has adopted a resolution 
     stating that this site should be a National Memorial, and 
     similar resolutions have been introduced in the Washington 
     State Legislature.
       (5) Both the Minidoka National Monument and Manzanar 
     National Historic Site can clearly tell the story of a time 
     in our Nation's history when constitutional rights were 
     ignored. These camps by design were placed in very remote 
     places and are not easily accessible. Bainbridge Island is a 
     short ferry ride from Seattle and the site would be within 
     easy reach of many more people.
       (6) This is a unique opportunity to create a site that will 
     honor those who suffered, cherish the friends and community 
     who stood beside them and welcomed them home, and inspire all 
     to stand firm in the event our Nation again succumbs to 
     similar fears.
       (7) The site should be recognized by the National Park 
     Service based on its high degree of national significance, 
     association with significant events, and integrity of its 
     location and setting. This site is critical as an anchor for 
     future efforts to identify, interpret, serve, and ultimately 
     honor the Nikkei- persons of Japanese ancestry- influence on 
     Bainbridge Island.

     SEC. 402. EAGLEDALE FERRY DOCK LOCATION AT TAYLOR AVENUE 
                   STUDY AND REPORT.

       (a) Study.--The Secretary of the Interior shall carry out a 
     special resource study regarding the national significance, 
     suitability, and feasibility of designating as a unit of the 
     National Park System the property commonly known as the 
     Eagledale Ferry Dock at Taylor Avenue and the historical 
     events associated with it, located in the town of Bainbridge 
     Island, Kitsap County, Washington.
       (b) Report.--Not later than 1 year after funds are first 
     made available for the study under subsection (a), the 
     Secretary of the Interior shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report 
     describing the findings, conclusions, and recommendations of 
     the study.
       (c) Requirements for Study.--Except as otherwise provided 
     in this section, the study under subsection (a) shall be 
     conducted in accordance with section 8(c) of Public Law 91-
     383 (16 U.S.C. 1a-5(c)).

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendment with a further Bingaman amendment, which 
is at the desk; that the amendment be considered and agreed to, and the 
motion to reconsider be laid upon the table, with no intervening action 
or debate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                           Amendment No. 4972

  (Purpose: To concur in the House amendment with an amendment in the 
                        nature of a substitute)

  The amendment (No. 4972) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')

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