[Senate Report 106-91]
[From the U.S. Government Publishing Office]
Calendar No. 173
106th Congress Report
SENATE
1st Session 106-91
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MIAMI CIRCLE IN BISCAYNE NATIONAL PARK
_______
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. 762]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 762) to direct the Secretary of the
Interior to conduct a feasibility study on the inclusion of the
Miami Circle in Biscayne National Park, having considered the
same, reports favorably thereon with an amendment and an
amendment to the title and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--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 Act 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. 2. DEFINITIONS.
In this Act:
(1) Miami circle.--The term ``Miami Circle'' means the
property in Miami-Dade County of the State of Florida
consisting of the three parcels described in Exhibit A in the
appendix to the summons to show cause and notice of eminent
domain proceedings, filed February 18, 1999, in Miami-Dade
County v. Brickell Point, Ltd., in the circuit court of the
11th judicial circuit of Florida in and for Miami-Dade County.
(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. 3. 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 Act.
2. Amend the title so as to read: ``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, and for other purposes.''
Purpose of the measure
The purpose of S. 762, as ordered reported, is to authorize
the Secretary of the Interior to conduct a special resource
study to assess the suitability and feasibility of including
the Miami Circle archaeological site in Biscayne National Park,
in the State of Florida.
background and need
The Miami Circle is 38-foot-diameter circle of a 2.2 acre
archaeological site in downtown Miami, Florida. It is at the
edge of the Miami River where it flows into Biscayne Bay. It
was discovered in August 1998 where a proposed condominium
project was to be built. It was quickly dubbed ``Stonehenge in
Negative.''
Although the developer offered to carve out and relocate
the circle, in February 1999 the Miami-Dade Commission
condemned the land to prevent any additional work at the site.
Courts have yet to determine the price for the land, although
the developer, Michael Baumann paid $8 million for the site.
The State of Florida has agreed to pay half of the land
acquisition cost if Miami-Dade County acquires the site.
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 it is the base of a
Tequesta lodge or temple house and that it could yield
significant clues about their native culture. The circle is
composed of 24 shallow, irregular shaped basins surrounded by
more than 600 postholes. 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. Current acreage is 172,924.07 of which 169,867.36
is Federally owned. However, about 95 percent of the park is
underwater. The park's actual land mass is 4,446.23 acres. Park
lands are located on the mainland and on several subtropical
islands, in a north-south chain with Biscayne Bay on the west
and the Atlantic Ocean on the east.
Biscayne National Park protects submerged cultural
resources, historic structures, marine systems, including
mangrove shorelines, bay communities and the northernmost coral
reef in the United States.
legislative history
S. 762 was introduced by Senator Graham on March 25, 1999.
the Subcommittee on National Parks, Historic Preservation and
Recreation held a hearing on S. 762 on May 25, 1999.
At its business meeting on June 16, 1999, the Committee on
Energy and Natural Resources ordered S. 762, favorably
reported, as amended.
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. 762, is
amended as described herein.
Committee amendment
During its consideration of S. 762, the Committee adopted
an amendment in the nature of a substitute, and an amendment to
the title.
In addition to making several technical, clarifying and
conforming changes, the amendment directs the Secretary of the
Interior 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.
The Secretary of the Interior is also directed to consult
with appropriate American Indian tribes and other interested
groups and organizations while conducting the study.
The amendment is explained in detail in the section-by-
section analysis, below.
Section-by-section analysis
Section 1 contains Congressional findings and purposes. The
purpose of this Act is to direct the Secretary of the Interior
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.
Section 2 defines the terms used in this Act.
Section 3 (a) 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) mandates the study to include analysis and
recommendations with respect to which, if any, particular areas
of the Miami Circle should be included within Biscayne National
Park; whether additional staff, facilities or other resources
would be necessary to administer the area as a unit of the
park; and whether any impact on the local area would result
from including Miami Circle in the park.
Subsection (c) directs that within 30 days of its
completion, the study is to be submitted to the Senate
Committee on Energy and Natural Resources and the House of
Representatives Committee on Resources.
Subsection (d) authorizes the appropriation of funds
necessary to carry out the purposes of the Act.
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. 762, a bill to
direct the Secretary of the Interior to conduct a feasibility
study on the inclusion of the Miami Circle in 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 Regis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 762--A bill to direct the Secretary of the Interior to conduct a
feasibility study on the inclusion of the Miami Circle in
Biscayne National Park
S. 762 would direct the Secretary of the Interior to
conduct a special resource study of the Miami Circle, a
recently discovered archeological site in downtown 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 Secretary would
include in the study any recommendations on which areas of or
surrounding the Circle should be included in the park and
whether additional staff or other resources would be necessary
as a result of such inclusion. The bill would authorize the
appropriation of whatever sums are necessary to conduct the
study, and it would require the Secretary to report on its
findings and recommendations within one year and 30 days of
receiving funds.
Assuming appropriation of the necessary amount, CBO
estimates that implementing S. 762 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
receipts; therefore, pay-as-you-go procedures would not apply.
S. 762 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 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. 762. 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. 762, 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. 762. These reports had not been
received at the time the report on S. 762 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 stevenson, associate director for cultural
resource stewardship and partnerships, national park service,
department of the interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 762, to conduct a
feasibility study on the inclusion of the Miami Circle in
Biscayne National Park.
The Department supports S. 762 with the amendments outlined
in our testimony.
The Miami Circle is an archaeological site in downtown
Miami that was discovered last year during the pre-construction
survey for a condominium building. The site is located at the
mouth of the Miami River, about six miles from the northern
boundary of Biscayne National Park. It consists of a circle
measuring 38 feet in diameter cut into the limestone bedrock
with approximately 20 irregular basins, several hundred smaller
``postholes,'' a carving resembling an eye, and several
possible astronomical alignments. Also present are several
offerings, including two axes manufactured out of basaltic
stone--not native to Florida--and shark and sea turtle
skeletons. It is possible that the Tequesta occupied this site
as long as 2,000 years ago, remaining there until about 500
years ago.
The Tequesta was one of the earliest groups to establish
permanent villages in southeast Florida. They developed a
culture and subsistence that was highly successful. By
exploiting the rich marine and coastal environment along
Biscayne Bay, the Tequesta developed a complex social chiefdom
without an agricultural base. The Miami Circle site might
possibly have served as the center of religious, trading and
political activity.
In that Tequesta sites are often located on the coast or
along rivers, these sites are attractive to developers and are
becoming increasingly scarce. Although Biscayne National Park
was established primarily for the protection of its wealth of
natural resources, the park is fortunate to have several well-
preserved Tequesta sites within its boundaries, seven of which
are eligible for the National Register of Historic Places. The
National Park Service preserves these sites under the authority
of the Antiquities Act of 1905 and the National Historic
Preservation Act of 1935.
The future of the 2.2-acre Miami Circle is now in the hands
of the courts. In February, Miami-Dade County initiated a
condemnation proceeding to acquire the property. Last month, a
circuit judge allowed the case to proceed, stating that the
county has a substantial likelihood of success in pursuing its
eminent domain case. A jury trial on the matter could begin as
early as next month. The State of Florida is also involved, as
Governor Jeb Bush has made a commitment to use state land
acquisition funds to finance up to half of the cost of
purchasing the site. However, assuming the county is successful
in its effort to acquire the Miami Circle, the question of how
the site can best be managed, and by whom, will remain.
Mr. Chairman, S. 762 directs the Secretary to conduct a
feasibility study to determine whether Miami Circle should be
included in Biscayne National Park. We recommend broadening the
study to encompass a range of alternatives for protecting the
site, including an analysis of various management options. The
Miami Circle is about a 20-mile drive from Biscayne National
Park headquarters, and would pose a new set of management
challenges for the National Park Service should it added to the
park. Therefore, it would be prudent to study other
possibilities for the site's protection as well.
Broadening the study would also make it consistent with the
requirements for studying new areas to be added to the National
Park System that are specified in Section 303 of the National
Park System Omnibus Management Act of 1998 (P.L. 105-391). As
you know, this law requires reports on these studies to
consider whether the area under study possesses nationally
significant natural or cultural resources and represents one of
the most important examples of a particular resource type in
the country; and is a suitable and feasible addition to the
system.
To broaden the scope of the study as we have suggested, we
believe the following changes are needed:
First, in the bill's findings, on page 2, line 10, we
suggest inserting ``also'' between ``Florida'' and ``contains''
to clarify that Biscayne National Park is not the only place
where Tequesta sites exist. We also propose deleting lines 12-
15 on page 2, which state, in part, that ``the Miami Circle
should be preserved and protected as part of the Park,'' since
that is a matter that should be determined by the study, not by
the legislation authorizing the study.
Second, we recommend revising Section 1(b), on page 2,
lines 16-18, which states the bill's purpose, 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.''
Consistent with that change, we suggest changing the title
of Section 3, ``Feasibility Study'' to ``Special Resource
Study''. In Section 3(a), on page 3, lines 14 and 15, we
recommend striking ``a study to determine the feasibility of
including the Miami Circle in the Park.'' and inserting ``a
special resource study.'' In addition, in Section 3(b), on page
3, lines 16 and 17, we recommend revising the sentence after
``Components,'' to read: ``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--''. Finally,
in Section 3(c), on page 4, line 4, we recommend deleting the
word ``feasibility''.
We also believe that this study should be conducted with
the full cooperation and consultation of appropriate American
Indian tribes and other interested groups and organizations.
Their input in determining the disposition of the site would be
invaluable and would avoid potential misinterpretation of the
study's purpose and findings. Therefore, we recommend that in
Section 3(a), on page 3, line 15, a new sentence be inserted
that reads: ``In conducting the study, the Secretary shall
consult with the appropriate American Indian tribes and other
interested groups and organizations.''
By adopting the above changes, Congress would ensure that
S. 762 enables the National Park Service to recommend the most
appropriate means of protecting the Miami circle.
This concludes my statement, Mr. Chairman. I would be
pleased to respond to questions from you or other committee
members.
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. 762, as ordered
reported.