[House Report 108-268]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-268
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 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 AS WELL AS THE SUITABILITY AND FEASIBILITY OF 
ITS INCLUSION IN THE NATIONAL PARK SYSTEM AS PART OF BISCAYNE NATIONAL 
                     PARK, AND FOUR OTHER PURPOSES

                                _______
                                

 September 11, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 111]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom 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, report favorably thereon 
without amendment and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 111 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 and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Miami Circle, discovered in 1999, is an archaeological 
ceremonial site presumed to have been constructed by the 
Tequesta Indians approximately 2000 years ago. The site is 
approximately 2.2 acres and located in Miami-Dade County, 
Florida, and is possibly the only one 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, where 
studies have shown that the Tequesta maintained a sophisticated 
agrarian society. 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, due to its 
rarity and archaeological value. 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. S. 
111 would require the Secretary to submit a report to Congress 
detailing the findings and recommendations in the study.

                            COMMITTEE ACTION

    S. 111 was introduced on January 9, 2003, by Senator Bob 
Graham (D-FL). The bill passed the Senate on March 4, 2003, by 
unanimous consent. The bill was then referred to the Committee 
on Resources. Within the Committee, the bill was referred to 
the Subcommittee on National Parks, Recreation and Public 
Lands. On July 15, 2003, the Full Resources Committee met to 
consider the bill. The Subcommittee on National Parks, 
Recreation and Public Lands was discharged from further 
consideration of the bill by unanimous consent. No amendments 
were offered and the bill was ordered favorably reported to the 
House of Representatives by voice vote.

            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 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 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, August 11, 2003.
Hon. Richard Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 111, an act 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--An act 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 Department of the Interior to 
conduct a 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 act would authorize the appropriation of 
whatever sums are necessary to conduct the study and would 
require the department to report its findings and 
recommendations within three years 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 legislation 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.
    On February 7, 2003, CBO transmitted a cost estimate for S. 
111 as ordered reported by the Senate Committee on Energy and 
Natural Resources on February 5, 2003. The two versions of the 
legislation are identical, as are the estimated costs.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
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.