[Senate Report 108-4]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 12
108th Congress                                                   Report
                                 SENATE
 1st Session                                                      108-4

======================================================================



 
                  MIAMI CIRCLE/BISCAYNE NATIONAL PARK

                                _______
                                

               February 11, 2003.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 111]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 111) 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:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SPECIAL RESOURCE STUDY.

    (a) Study.--Not later than 3 years after the date funds are made 
available, the Secretary of the Interior (hereinafter referred to as 
the ``Secretary'') shall conduct a special resource study to determine 
the national significance of the Miami Circle archaeological site in 
Miami-Dade County, Florida (hereinafter referred to as ``Miami 
Circle''), as well as the suitability and feasibility of its inclusion 
in the National Park System as part of Biscayne National Park. In 
conducting the study, the Secretary shall consult with the appropriate 
American Indian tribes and other interested groups and organizations.
    (b) Content of Study.--In addition to determining national 
significance, feasibility, and suitability, the study shall include the 
analysis and recommendations of the Secretary on--
          (1) any areas in or surrounding the Miami Circle that should 
        be included in Biscayne National Park.
          (2) whether additional staff, facilities, or other resources 
        would be necessary to administer the Miami Circle as a unit of 
        Biscayne National Park; and
          (3) any effect on the local area from the inclusion of Miami 
        Circle in Biscayne National Park.
    (c) Submission of Report.--Not later than 30 days after completion 
of the study, the Secretary shall submit a report on 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.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

                         PURPOSE OF THE MEASURE

    The purpose of S. 111 is to direct the Secretary of the 
Interior to conduct a special resource study to determine the 
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 within 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 Biscayne Bay. The 
Miami Circle site is composed of 24 shallow, irregularly 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. 
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. 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. 111 was introduced by Senators Graham and Nelson on 
January 9, 2003. A similar bill, S. 1894, was introduced by 
Senators Graham and Nelson during the 107th Congress. The 
Subcommittee on National Parks held a hearing on S. 1894 on 
February 14, 2002 and the bill was reported by the Committee on 
June 5, 2002. S. 1894 passed the Senate on August 1, 2002, and 
both the House and Senate on November 19, 2002, but the two 
bodies were unable to resolve differences in the text before 
the 107th Congress adjourned. Similar legislation, S. 762, was 
also reported by the Committee and passed the Senate during the 
106th Congress.
    At its business meeting on February 5, 2003, the Committee 
ordered S. 111 favorably reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on February 5, 2003, by a unanimous voice of a 
quorum present, recommends that the Senate pass S. 111, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 111, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
deletes section 1 from the bill, which contained congressional 
findings, and made other minor clarifying changes. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 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) sets forth the requirements for the study 
and is self explanatory.
    Subsection (c) provides for the submission of the study to 
Congress.
    Section 2 authorizes the appropriation of funds.

                   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, February 7, 2003.
Hon. Pete V. Domenici,
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. 111, 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,
                                     Douglas Holtz-Eakin, Director.
    Enclosure.

S. 111--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. 111 would direct the Secretary of the Interior to 
conduct a 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 the availability of appropriated funds, CBO 
estimates that implementing S. 111 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 
revenues.
    S. 111 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 R. Cullinan, Chief for Human 
Resources Cost Estimates Unit of the Budget Analysis Division.

                      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. 111. 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. 111, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On February 6, 2003, 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 agency recommendations on S. 111. These reports 
had not been received at the time the report on S. 111 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.

                        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. 111, as ordered 
reported.

                                
