```

[House Report 107-390]
[From the U.S. Government Publishing Office]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-390

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

 
  VIRGINIA KEY BEACH PARK, FLORIDA, NATIONAL PARK SYSTEM FEASIBILITY 
                                 STUDY

                                _______
                                

 April 9, 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. 2109]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2109) to authorize the Secretary of the Interior to 
conduct a special resource study of Virginia Key Beach, 
Florida, for possible inclusion in the National Park System, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.

    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. STUDY AND REPORT.

  (a) Study.--The Secretary of the Interior (in this Act referred to as 
``the Secretary'') shall conduct a study of Virginia Key Beach Park in 
Biscayne Bay, Florida, which was used for recreation by African 
Americans at a time when public beaches were racially segregated by 
law. The study shall evaluate the national significance of the site and 
the suitability and feasibility of establishing the site as a unit of 
the National Park System.
  (b) Criteria.--In conducting the study required by subsection (a), 
the Secretary shall use the criteria for the study of areas for 
potential inclusion in the National Park System contained in section 8 
of Public Law 91-383 (16 U.S.C. 1a-5; popularly known as the National 
Park System General Authorities Act).
  (c) Report.--Upon completion of the study, the Secretary shall 
transmit to the Congress a report on the findings of the study and the 
conclusions and recommendations of the Secretary.

  Amend the title so as to read:

    A bill to authorize the Secretary of the Interior to 
conduct a special resource study of Virginia Key Beach Park in 
Biscayne Bay, Florida, for possible inclusion in the National 
Park System.

                          PURPOSE OF THE BILL

    The purpose H.R. 2109 is to authorize the Secretary of the 
Interior to conduct a special resource study of Virginia Key 
Beach Park, Florida for possible inclusion as a unit of the 
National Park System.

                  BACKGROUND AND NEED FOR LEGISLATION

    Virginia Key Beach, Florida is a 1,000 acre barrier island, 
located just off the coast of Miami between Key Biscayne and 
Fisher Island. The City of Miami currently owns most of the 
island, including the park. South Florida beaches were, for 
decades, strictly segregated by race. Virginia Key Beach has a 
distinct historic value, having been the only beach, during the 
1940's to the 1960's, where African-Americans were permitted. 
The beach was the site for baptisms and religious services, 
courtships and honeymoons, organizational gatherings, visiting 
celebrities, family recreation, and other community gatherings. 
However, in 1982, the City of Miami, citing the high cost of 
maintaining and operating the park, closed the beach. Since 
that time, the City of Miami has continued to explore various 
options regarding ownership and the future of the beach.

                            COMMITTEE ACTION

    H.R. 2109 was introduced on June 7, 2001 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 December 13, 
2001, the Subcommittee held a hearing on the bill. On March 20, 
2002, the Full Committee discharged the bill from the 
Subcommittee on National Parks, Recreation, and Public Lands 
and then met to mark up the bill. Congressman George Radanovich 
(R-CA) offered an amendment to clarify that Virginia Key Beach 
Park was the subject of the study and not the entire beach. The 
bill was adopted, together with the amendment as filed, by 
unanimous consent and was then ordered favorably reported, as 
amended, to the House of Representatives.

            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 authorize 
the Secretary of the Interior to conduct a special resource 
study of Virginia Key Beach Park, Florida for possible 
inclusion as a unit of the National Park System.
    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, March 26, 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. 2109, a bill to 
authorize the Secretary of the Interior to conduct a special 
resource study of Virginia Key Beach Park in Biscayne Bay, 
Florida, for possible inclusion in the National Park System.
    If you wish further detail on this estimate, we will be 
pleased to provide them. The CBO staff contact for this 
estimate is Deborah Reis.
            Sincerely,
                                                    Dan L. Crippen.
    Enclosure.

H.R. 2109--A bill to authorize the Secretary of the Interior to conduct 
        a special resource study of Virginia Key Beach Park in Biscayne 
        Bay, Florida, for possible inclusion in the National Park 
        System

    H.R. 2109 would require the National Park Service (NPS) to 
evaluate the national significance of Virginia Key Beach Park 
and suitability and feasibility of establishing it as a unit of 
the National Park System. The legislation would require the 
agency to report to the Congress on its findings upon 
conclusion of the study.
    Based on information provided by the NPS, CBO estimates 
that completing the required study and report would cost the 
federal government $50,000 over the next three to four years, 
assuming the availability of appropriated funds. H.R. 2109 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. H.R. 2109 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
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.

                    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.

                                  

```