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107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-390
VIRGINIA KEY BEACH PARK, FLORIDA, NATIONAL PARK SYSTEM FEASIBILITY
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
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
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.
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
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.
Dan L. Crippen.
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
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
changes in existing law
If enacted, this bill would make no changes in existing