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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.

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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 inVerDate 11-MAY-2000 18:40 Apr 10, 2002 Jkt 099006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR390.XXX pfrm02 PsN: HR390
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cluded 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

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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.

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