[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2352 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2352

_______________________________________________________________________

                                 AN ACT


 
 To amend the Wild and Scenic Rivers Act to designate the Wekiva River 
and its tributaries of Wekiwa Springs Run, Rock Springs Run, and Black 
Water Creek in the State of Florida as components of the National Wild 
                       and Scenic Rivers System.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wekiva Wild and Scenic River 
Designation Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Public Law 104-311 authorized the study of the Wekiva 
        River and the associated tributaries of Rock Springs Run and 
        Seminole Creek (including Wekiwa Springs Run and the tributary 
        of Black Water Creek that connects Seminole Creek to the Wekiva 
        River) for potential inclusion in the National Wild and Scenic 
        Rivers System;
            (2) the study referred to in paragraph (1) determined that 
        the Wekiva River and the associated tributaries of Wekiwa 
        Springs Run, Rock Springs Run, Seminole Creek, and Black Water 
        Creek downstream of Lake Norris to the confluence with the 
        Wekiva River are eligible for inclusion in the National Wild 
        and Scenic Rivers System based on the free-flowing condition 
        and outstanding scenic, recreational, fishery, wildlife, 
        historic, cultural, and water quality values of those 
        waterways;
            (3) the public support for designation of the Wekiva River 
        as a component of the National Wild and Scenic Rivers System 
        has been demonstrated through substantial attendance at public 
        meetings, State and local agency support, and the support and 
        endorsement of designation by the Wekiva River Basin Working 
        Group that was established by the Department of Environmental 
        Protection of the State of Florida and represents a broad cross 
        section of State and local agencies, landowners, 
        environmentalists, nonprofit organizations, and recreational 
        users;
            (4) the State of Florida has demonstrated a commitment to 
        protect the Wekiva River--
                    (A) by enacting Florida Statutes chapter 369, the 
                Wekiva River Protection Act;
                    (B) by establishing a riparian habitat wildlife 
                protection zone and water quality protection zone 
                administered by the St. Johns River Water Management 
                District;
                    (C) by designating the Wekiva River as outstanding 
                Florida waters; and
                    (D) by acquiring State preserve, reserve, and park 
                land adjacent to the Wekiva River and associated 
                tributaries;
            (5) Lake, Seminole, and Orange Counties, Florida, have 
        demonstrated their commitment to protect the Wekiva River and 
        associated tributaries in the comprehensive land use plans and 
        land development regulations of those counties; and
            (6) the segments of the Wekiva River, Rock Springs Run, and 
        Black Water Creek described in section 3, totaling 
        approximately 41.6 miles, are in public ownership, protected by 
        conservation easements, or defined as waters of the State of 
        Florida.

SEC. 3. DESIGNATION.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
            ``(162) Wekiva river, wekiwa springs run, rock springs run, 
        and black water creek, florida.--
                    ``(A) The 41.6 miles of river and tributary 
                segments in Florida, as follows:
                            ``(i) Wekiva river, florida.--The 14.9 
                        miles of the Wekiva River, from its confluence 
                        with the St. Johns River to Wekiwa Springs, to 
                        be administered by the Secretary of the 
                        Interior in the following classifications:
                                    ``(I) From the confluence with the 
                                St. Johns River to the southern 
                                boundary of the Lower Wekiva River 
                                State Preserve, approximately 4.4 
                                miles, as a wild river.
                                    ``(II) From the southern boundary 
                                of the Lower Wekiva River State 
                                Preserve to the northern boundary of 
                                Rock Springs Run State Reserve at the 
                                Wekiva River, approximately 3.4 miles, 
                                as a recreational river.
                                    ``(III) From the northern boundary 
                                of Rock Springs Run State Reserve at 
                                the Wekiva River to the southern 
                                boundary of Rock Springs Run State 
                                Reserve at the Wekiva River, 
                                approximately 5.9 miles, as a wild 
                                river.
                                    ``(IV) From the southern boundary 
                                of Rock Springs Run State Reserve at 
                                the Wekiva River upstream along Wekiwa 
                                Springs Run to Wekiwa Springs, 
                                approximately 1.2 miles, as a 
                                recreational river.
                            ``(ii) Rock springs run, florida.--The 8.8 
                        miles of Rock Springs Run, from its confluence 
                        with the Wekiwa Springs Run to its headwaters 
                        at Rock Springs, to be administered by the 
                        Secretary in the following classifications:
                                    ``(I) From the confluence with 
                                Wekiwa Springs Run to the western 
                                boundary of Rock Springs Run State 
                                Reserve at Rock Springs Run, 
                                approximately 6.9 miles, as a wild 
                                river.
                                    ``(II) From the western boundary of 
                                Rock Springs Run State Reserve at Rock 
                                Springs Run to Rock Springs, 
                                approximately 1.9 miles, as a 
                                recreational river.
                            ``(iii) Black water creek, florida.--The 
                        17.9 miles of Black Water Creek from its 
                        confluence with the Wekiva River to the outflow 
                        from Lake Norris, to be administered by the 
                        Secretary in the following classifications:
                                    ``(I) From the confluence with the 
                                Wekiva River to approximately .25 mile 
                                downstream of the Seminole State Forest 
                                road crossing, approximately 4.0 miles, 
                                as a wild river.
                                    ``(II) From approximately .25 mile 
                                downstream of the Seminole State Forest 
                                road to approximately .25 mile upstream 
                                of the Seminole State Forest road 
                                crossing, approximately .5 mile, as a 
                                scenic river.
                                    ``(III) From approximately .25 mile 
                                upstream of the Seminole State Forest 
                                road crossing to approximately .25 mile 
                                downstream of the old railroad grade 
                                crossing (approximately river mile 9), 
                                approximately 4.5 miles, as a wild 
                                river.
                                    ``(IV) From approximately .25 mile 
                                downstream of the old railroad grade 
                                crossing (approximately river mile 9) 
                                upstream to the boundary of Seminole 
                                State Forest (approximately river mile 
                                10.6), approximately 1.6 miles, as a 
                                scenic river.
                                    ``(V) From the boundary of Seminole 
                                State Forest (approximately river mile 
                                10.6) to approximately .25 mile 
                                downstream of the State Road 44 
                                crossing, approximately .9 mile, as a 
                                wild river.
                                    ``(VI) From approximately .25 mile 
                                downstream of State Road 44 to 
                                approximately .25 mile upstream of the 
                                State Road 44A crossing, approximately 
                                .5 mile, as a recreational river.
                                    ``(VII) From approximately .25 mile 
                                upstream of the State Road 44A crossing 
                                to approximately .25 mile downstream of 
                                the Lake Norris Road crossing, 
                                approximately 4.8 miles, as a wild 
                                river.
                                    ``(VIII) From approximately .25 
                                mile downstream of the Lake Norris Road 
                                crossing to the outflow from Lake 
                                Norris, approximately 1.1 miles, as a 
                                recreational river.

SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND 
              TRIBUTARIES.

    (a) Definitions.--As used in this Act:
            (1) Committee.--The term ``Committee'' means the Wekiva 
        River System Advisory Management Committee established pursuant 
        to section 5.
            (2) Comprehensive management plan.--The terms 
        ``comprehensive management plan'' and ``plan'' mean the 
        comprehensive management plan to be developed pursuant to 
        section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1274(d)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Wekiva river system.--The term ``Wekiva River system'' 
        means the segments of the Wekiva River, Wekiwa Springs Run, 
        Rock Springs Run, and Black Water Creek in the State of Florida 
        designated as components of the National Wild and Scenic Rivers 
        System by paragraph (161) of section 3(a) of the Wild and 
        Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this Act.
    (b) Cooperative Agreement.--
            (1) Use authorized.--In order to provide for the long-term 
        protection, preservation, and enhancement of the Wekiva River 
        system, the Secretary shall offer to enter into cooperative 
        agreements pursuant to sections 10(c) and 11(b)(1) of the Wild 
        and Scenic Rivers Act (16 U.S.C. 1281(c), 1282(b)(1)) with the 
        State of Florida, appropriate local political jurisdictions of 
        the State, namely the counties of Lake, Orange, and Seminole, 
        and appropriate local planning and environmental organizations.
            (2) Effect of agreement.--Administration by the Secretary 
        of the Wekiva River system through the use of cooperative 
        agreements shall not constitute National Park Service 
        administration of the Wekiva River system for purposes of 
        section 10(c) of the Wild and Scenic Rivers Act (10 U.S.C. 
        1281(c)) and shall not cause the Wekiva River system to be 
        considered as a unit of the National Park System. Publicly 
        owned lands within the boundaries of the Wekiva River system 
        shall continue to be managed by the agency having jurisdiction 
        over the lands, in accordance with the statutory authority and 
        mission of the agency.
    (c) Compliance Review.--After completion of the comprehensive 
management plan, the Secretary shall biennially review compliance with 
the plan and shall promptly report to the Committee on Resources of the 
United States House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate any deviation from the 
plan that could result in any diminution of the values for which the 
Wekiva River system was designated as a component of the National Wild 
and Scenic Rivers System.
    (d) Technical Assistance and Other Support.--The Secretary may 
provide technical assistance, staff support, and funding to assist in 
the development and implementation of the comprehensive management 
plan.
    (e) Future Designation of Seminole Creek.--If the Secretary finds 
that Seminole Creek in the State of Florida, from its headwaters at 
Seminole Springs to its confluence with Black Water Creek, is eligible 
for designation under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.), and the owner of the property through which Seminole Creek runs 
notifies the Secretary of the owner's support for designation, the 
Secretary may designate that tributary as an additional component of 
the National Wild and Scenic Rivers System. The Secretary shall publish 
notice of the designation in the Federal Register, and the designation 
shall become effective on the date of publication.
    (f) Limitation on Federal Support.--Nothing in this section shall 
be construed to authorize funding for land acquisition, facility 
development, or operations.

SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE.

    (a) Establishment.--The Secretary shall establish an advisory 
committee, to be known as the Wekiva River System Advisory Management 
Committee, to assist in the development of the comprehensive management 
plan for the Wekiva River system.
    (b) Membership.--The Committee shall be composed of a 
representative of each of the following agencies and organizations:
            (1) The Department of the Interior, represented by the 
        Director of the National Park Service or the Director's 
        designee.
            (2) The East Central Florida Regional Planning Council.
            (3) The Florida Department of Environmental Protection, 
        Division of Recreation and Parks.
            (4) The Florida Department of Environmental Protection, 
        Wekiva River Aquatic Reserve.
            (5) The Florida Department of Agriculture and Consumer 
        Services, Division of Forestry, Seminole State Forest.
            (6) The Florida Audobon Society.
            (7) The nonprofit organization known as the Friends of the 
        Wekiva.
            (8) The Lake County Water Authority.
            (9) The Lake County Planning Department.
            (10) The Orange County Parks and Recreation Department, 
        Kelly Park.
            (11) The Seminole County Planning Department.
            (12) The St. Johns River Water Management District.
            (13) The Florida Fish and Wildlife Conservation Commission.
            (14) The City of Altamonte Springs.
            (15) The City of Longwood.
            (16) The City of Apopka.
            (17) The Florida Farm Bureau Federation.
            (18) The Florida Forestry Association.
    (c) Additional Members.--Other interested parties may be added to 
the Committee by request to the Secretary and unanimous consent of the 
existing members.
    (d) Appointments.--Representatives and alternates to the Committee 
shall be appointed as follows:
            (1) State agency representatives, by the head of the 
        agency.
            (2) County representatives, by the Board of County 
        Commissioners.
            (3) Water management district, by the Governing Board.
            (4) Department of the Interior representative, by the 
        Southeast Regional Director, National Park Service.
            (5) East Central Florida Regional Planning Council, by 
        Governing Board.
            (6) Other organizations, by the Southeast Regional 
        Director, National Park Service.
    (e) Role of Committee.--The Committee shall assist in the 
development of the comprehensive management plan for the Wekiva River 
system and provide advice to the Secretary in carrying out the 
management responsibilities of the Secretary under this Act. The 
Committee shall have an advisory role only, it will not have regulatory 
or land acquisition authority.
    (f) Voting and Committee Procedures.--Each member agency, agency 
division, or organization referred to in subsection (b) shall have one 
vote and provide one member and one alternate. Committee decisions and 
actions will be made with the consent of \3/4\ of all voting members. 
Additional necessary Committee procedures shall be developed as part of 
the comprehensive management plan.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the Senate July 27, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2352

_______________________________________________________________________

                                 AN ACT

 To amend the Wild and Scenic Rivers Act to designate the Wekiva River 
and its tributaries of Wekiwa Springs Run, Rock Springs Run, and Black 
Water Creek in the State of Florida as components of the National Wild 
                       and Scenic Rivers System.