[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.

                                  
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