[Senate Report 107-196]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 473
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-196

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                  MIAMI CIRCLE PARK FEASIBILITY STUDY

                                _______
                                

                 June 28, 2002.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1894]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1894) 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:
    On page 2, line 23 through page 3, line 6, amend paragraph 
(1) to read as follows:

    ``(1) Miami Circle.--The term `Miami Circle' means the 
Miami Circle archaeological site in Miami-Dade County, 
Florida.''.

                                PURPOSE

    The purpose of S. 1894 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 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 of 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 Biscyane Bay. The 
Miami Circle site is composed of 24 shallow, irregular 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. 
Radio-carbon 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 Biscyane 
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. 1894 was introduced by Senators Graham and Nelson on 
January 24, 2002. S. 762, an identical measure, was introduced 
by Senator Graham in the 106th Congress on March 25, 1999 and 
passed the Senate on October 14, 1999. It was referred to the 
House Committee on Resources. No further action was taken. The 
Subcommittee on National Parks held a hearing on S. 1894 on 
February 14, 2002. The Committee on Energy and Natural 
Resources adopted an amendment to S. 1894 at its business 
meeting on May 15, 2002, and ordered the bill as amended 
favorably reported at its business meeting on June 5, 2002.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1894, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 1894, the Committee on 
Energy and Natural Resources adopted an amendment which 
simplifies the reference to the Miami Circle site.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 sets forth congressional findings, and provides 
that the purpose of the Act is to direct the Secretary of the 
Interior to conduct a special resource study on the national 
significance of the Miami Circle site and the feasibility and 
suitability of its inclusion in the National Park System as 
part of Biscayne National Park.
    Section 2 defines key terms used in the Act.
    Section 3 provides that the Secretary shall conduct a 
special resource study on the Miami Circle not later than 1 
year after funds are made available, in consultation with 
appropriate American Indian tribes and other interested groups 
and organizations. Besides a determination of national 
significance, feasibility, and suitability, the study shall 
include analysis and recommendations with respect to which (if 
any) areas surrounding Miami Circle should be included in the 
park; whether any additional staff, facilities, or other 
resources would be necessary to administer Miami Circle as a 
unit of the park; and any impact on the local area that would 
result from the inclusion of Miami Circle in the park. Within 
30 days of completing the study, the Secretary shall submit a 
report describing its findings and recommendations to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 21, 2002.
Hon. Jeff Bingaman,
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. 1894, 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,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1894--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. 1894 would direct the Secretary of the Interior to 
conduct a special resource 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 appropriation of the necessary amount, CBO 
estimates that implementing S. 1894 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. 1894 contains no intergovernmental or private-sector 
mandates as defined in 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 Peter H. Fontaine, Deputy 
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. 1894. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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 the 
enactment of S. 1894.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
Subcommittee hearing follows:

  Statement of Durand Jones, Deputy Director, 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. 1894, 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.
    The Department supports this bill, with an amendment. 
However, the Department did not request additional funding for 
this study in Fiscal Year 2003. We believe that any funding 
requested should be directed towards completing previously 
authorized studies. Presently, there are 40 studies pending, of 
which we hope to transmit 15 to Congress by the end of 2002. 
One concern with authorizing additional studies is that it 
raises public expectations for establishing new park units, 
national trails, wild and scenic rivers, or heritage areas. We 
cannot afford to continue adding so many new funding 
requirements at the same time that we are trying to work down 
the deferred maintenance backlog at existing parks. To estimate 
these potential new funding requirements, the Administration 
will identify in each study all of the costs to establish, 
operate, and maintain the proposed site.
    The Miami Circle is an archeological site in downtown Miami 
that was discovered in 1998 during the pre-construction survey 
for a condominium building. The site is located at the mouth of 
the Miami River, about seven 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), shark and sea turtle skeletons, 
and the skull of a bottle-nose dolphin, which bolsters the 
theory that this was a ceremonial site. This is the first 
bottlenose dolphin uncovered at an excavation in North America 
outside the Pacific Northwest.
    A site survey by the Florida Bureau of Archeological 
Research completed in November, 1999 confirmed that the Miami 
Circle is a Tequesta Indian site approximately 2,000 years old. 
The Tequesta Indians were one of the earliest groups to 
establish permanent villages in southeast Florida. They 
developed a culture and subsistence that was highly successful. 
By using 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 have served 
as the center of religious, trading and political activity for 
this culture.
    The archaeological survey also determined that the Miami 
Circle is part of a larger complex of prehistoric 
archaeological features on the 2.2 acre parcel, and part of a 
Tequesta village that occupied both sides of the Miami River. 
The Miami Circle is now often referred to as the Brickell Point 
Project to acknowledge the archaeological value of the entire 
2.2-acre site, not just the circle.
    Once this site was discovered, the State of Florida, Miami-
Dade County, and many interested organizations and individuals 
combined efforts to prevent the Miami Circle property from 
being developed. In November, 1999, the State of Florida 
purchased the site for $26.7 million with funding provided by 
the state's Conservation and Recreation Lands program, Miami-
Dade County's Safe Neighborhood Parks Bond funds, private 
contributions, and a loan from the Trust for Public Land. The 
Florida State Division of Historical Resources has been working 
closely with the Division of State Lands and Miami-Dade County 
to develop a management plan for the property.
    However, the question of how the site can best be managed 
over the long term, and by whom, has not yet been resolved. 
Interest in the possibility of National Park Service management 
of the site spurred the introduction of feasibility study 
legislation similar to S. 1894 in the 106th Congress in both 
the Senate and the House of Representatives. Florida Governor 
Jeb Bush supported the legislation. The Senate passed the 
legislation in October, 1999, but the House of Representatives 
did not vote on it.
    S. 1894 directs the Secretary of the Interior to conduct a 
special resource study to determine whether the Miami Circle 
site is nationally significant as well as suitable and feasible 
for addition to the National Park System and, specifically, for 
addition to Biscayne National Park. As is standard for special 
resource studies, it would examine not only the option of 
adding the site to the National Park System but also other 
alternatives for protecting, managing, and interpreting the 
site.
    Although Biscayne National Park was established primarily 
for the protection of its wealth of natural resources, the park 
is fortunate to have seven well-preserved Tequesta sites within 
its boundaries, all of which may be eligible for the National 
Register of Historic Places. The addition of the Miami Circle 
to Biscayne would likely enhance the park's ability to 
interpret the Tequesta culture. And, it would give the park a 
presence in Miami, which is something that numerous community 
members have indicated support for in the park's general 
management planning process. However, there may be other 
alternatives which could effectively achieve the protection of 
this resource, so it would be prudent to study other management 
possibilities as well.
    The legislation is consistent with the requirements for 
special resource studies under Title III of the National Park 
System Omnibus Management Act of 1998 (Public Law 105-391), 
except for the time allotted for completion of the study. S. 
1894 requires the Secretary of the Interior to conduct the 
study not later than one year after the date funds are made 
available, and to submit the study to the appropriate 
committees of Congress within 30 days of completion of the 
study. Public Law 105-391 provides for studies to be completed 
within three fiscal years after funds are first made available 
for the study. Although it is possible that the study could be 
completed in fewer than three years, we recommend amending S. 
1894 to provide for three years to complete the study, 
consistent with Public Law 105-391, to ensure that there is a 
sufficient amount of time for public involvement and for 
thorough consideration of the various alternatives for 
management of the site.
    Mr. Chairman, this concludes my statement. 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. 1894, as ordered 
reported.

                                  
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