[House Report 107-675]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-675
======================================================================
 
 DIRECTING 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 AND THE SUITABILITY AND FEASIBILITY OF ITS 
  INCLUSION IN THE NATIONAL PARK SYSTEM AS PART OF BISCAYNE NATIONAL 
                      PARK, AND FOR OTHER PURPOSES

                                _______
                                

 September 24, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3630]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3630) 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 and 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, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert 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 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. 3. SPECIAL RESOURCE STUDY.

  (a) In General.--Not later than 3 years 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3630 is 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 and the suitability and feasability of its inclusion in 
the National Park System as part of Biscayne National Park, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Miami Circle, discovered in 1999, is an archeological 
ceremonial site presumed to have been constructed by the 
Tequesta Indians approximately 2,000 years ago. The site, 
currently owned by the State of Florida, is approximately 2.2 
acres, located in Miami-Dade County, Florida, and is presumed 
to be the only of its kind. The site is also reasonably close 
to Biscayne National Park which currently protects several 
prehistoric Tequesta sites.
    The Tequesta Indians are thought to be among the first 
people to establish permanent villages in southeast Florida. 
Study has shown that the Tequesta maintained a sophisticated 
agrarian society. Due to its rarity and archaeological value, 
it has been proposed that a study be conducted to assess the 
feasibility of including Miami Circle into an existing park 
unit, Biscayne National Park. The site is currently owned by 
the State of Florida who acquired the property late in 1999 for 
approximately $26.7 million.
    The study, to be conducted by the Secretary of the Interior 
through the National Park Service, would include analysis and 
recommendation with respect to including the Miami Circle as 
part of Biscayne National Park. The feasibility study would 
also assess additional resources needed, if any, to administer 
the acquisition of Miami Circle and the local impact that would 
result from the inclusion. H.R. 3630 would require the 
Secretary to submit a report to Congress detailing the findings 
and recommendations in the study.

                            COMMITTEE ACTION

    H.R. 3630 was introduced on January 24, 2002 by 
Congresswoman Carrie Meek (D-FL). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
On September 12, 2002, the Full Committee met to consider the 
bill and the Subcommittee on National Parks, Recreation, and 
Public Lands was discharged from further consideration of the 
bill. Mr. Radanovich offered an amendment to simplify the 
definition of the Miami Circle site and to change the time to 
three years in which the Secretary would be required to report 
back to Congress on the results of the study. The amendment was 
adopted by unanimous consent. The Full Committee then ordered 
the bill, as amended, favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is 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 and the suitability and feasability of 
its inclusion in the National Park System as part of Biscayne 
National Park, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 23, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3630, 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 and 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,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3630--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 and the 
        suitability and feasibility of its inclusion in the National 
        Park System as part of Biscayne National Park

    H.R. 3630 would direct the Secretary of the Interior to 
conduct a special resource study of the Miami Circle, a 
recently discovered archaeological 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 three years of receiving funds.
    Assuming appropriation of the necessary amount, CBO 
estimates that implementing H.R. 3630 would cost the federal 
government $150,000 over the next few years 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.
    H.R. 3630 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.
    On June 21, 2002, CBO transmitted a cost estimate for S. 
1894, a similar bill that was ordered reported by the Senate 
Committee on Energy and Natural Resources on June 5, 2002. The 
House and Senate versions of the legislation differ only in 
their timing--H.R. 3630 would require the Secretary of the 
Interior to complete the special resource study within three 
years, rather than one year as required by S. 1894. The 
estimated costs of the two pieces of legislation are the same, 
but some of the costs might occur later under the House bill.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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