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







106th CONGRESS
  2d Session
                                S. 2352

To designate portions of the Wekiva River and associated tributaries as 
       a component of the National Wild and Scenic Rivers System.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2000

  Mr. Graham introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To designate portions of the Wekiva River and associated tributaries as 
       a component 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, including--
                    (A) agencies and political subdivisions of the 
                State of Florida, including--
                            (i) the Department of Environmental 
                        Protection of the State of Florida;
                            (ii) the Department of Transportation of 
                        the State of Florida;
                            (iii) the East Central Florida Regional 
                        Planning Council;
                            (iv) Orange County, Seminole County, and 
                        Lake County, Florida;
                            (v) the Game and Fresh Water Fish 
                        Commission of the State of Florida;
                            (vi) the St. Johns River Water Management 
                        District; and
                            (vii) the Seminole State Forest;
                    (B) nonprofit organizations, including--
                            (i) the organization known as Friends of 
                        the Wekiva;
                            (ii) the Florida Trail Association;
                            (iii) the Nature Conservancy;
                            (iv) the Florida Audubon Society;
                            (v) the Sierra Club; and
                            (vi) the Defenders of Wildlife;
                    (C) the Florida Sport Paddling Club;
                    (D) the University of Central Florida;
                    (E) adjacent landowners;
                    (F) neighboring city agencies; and
                    (G) State and county park concessionaires;
            (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:
            ``(161) Wekiva river, rock springs run, and black water 
        creek, florida.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Council.--The term `Council' means 
                        the Wekiva River Coordinating Council 
                        established under subparagraph (D).
                            ``(ii) Plan.--The term `Plan' means the 
                        comprehensive management plan required to be 
                        developed under subsection (d).
                            ``(iii) Secretary.--The term `Secretary' 
                        means the Secretary of the Interior, acting in 
                        consultation with the Governor of the State of 
                        Florida.
                    ``(B) Designation.--The 45.5 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 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.
                            ``(iv) Seminole creek, florida.--The 3.9 
                        miles of Seminole Creek from its confluence 
                        with Black Water Creek to Seminole Spring, to 
                        be administered by the Secretary as a wild 
                        river.
                    ``(C) Administration.--The segments designated by 
                subparagraph (B) shall be administered by the Secretary 
                as components of the National Wild and Scenic Rivers 
                System, through written cooperative agreements with the 
                State of Florida under section 10(e) and in accordance 
                with subparagraph (E)(i)(I), except that publicly owned 
                land within the boundaries of designated segments shall 
                continue to be managed by the agency or entity having 
                jurisdiction over the land.
                    ``(D) Wekiva river coordinating council.--
                            ``(i) Establishment.--The Secretary shall 
                        establish the Wekiva River Coordinating 
                        Council, through the cooperative agreements 
                        described in subparagraph (E)(i)(I), to 
                        assist--
                                    ``(I) in the development of the 
                                Plan; and
                                    ``(II) the Secretary in determining 
                                whether a proposed water resources 
                                project would have a direct and adverse 
                                effect on the values for which the 
                                segments designated by subparagraph (B) 
                                were included in the National Wild and 
                                Scenic Rivers System.
                            ``(ii) Composition.--The Council shall be 
                        composed of a representative of each of--
                                    ``(I) the Department of the 
                                Interior (represented by the Director 
                                of the National Park Service or a 
                                designee);
                                    ``(II) the East Central Florida 
                                Regional Planning Council;
                                    ``(III) the Department of 
                                Environmental Protection of the State 
                                of Florida, Division of Recreation and 
                                Parks;
                                    ``(IV) the Department of 
                                Environmental Protection of the State 
                                of Florida, Wekiva River Aquatic 
                                Preserve;
                                    ``(V) the Division of Forestry of 
                                the Department of Agriculture and 
                                Consumer Services of the State of 
                                Florida;
                                    ``(VI) the Florida Audubon Society;
                                    ``(VII) the nonprofit organization 
                                known as Friends of the Wekiva, 
                                Incorporated;
                                    ``(VIII) the Lake County Water 
                                Authority;
                                    ``(IX) Lake County;
                                    ``(X) Orange County;
                                    ``(XI) Seminole County;
                                    ``(XII) the St. Johns River Water 
                                Management District;
                                    ``(XIII) the Fish and Wildlife 
                                Conservation Commission of the State of 
                                Florida;
                                    ``(XIV) the city of Altamonte 
                                Springs, Florida;
                                    ``(XV) the city of Longwood, 
                                Florida;
                                    ``(XVI) the city of Apopka, 
                                Florida;
                                    ``(XVII) the city of Mt. Plymouth, 
                                Florida;
                                    ``(XVIII) the Florida Farm Bureau 
                                Federation;
                                    ``(XIX) the Florida Forestry 
                                Association;
                                    ``(XX) the Lake County Chamber of 
                                Commerce;
                                    ``(XXI) the Orange County Chamber 
                                of Commerce;
                                    ``(XXII) the Seminole County 
                                Chamber of Commerce; and
                                    ``(XXIII) any other interested 
                                party, by request to the Secretary and 
                                with unanimous consent of the members 
                                of the Council.
                            ``(iii) Appointment of members.--One 
                        representative and 1 alternate shall be 
                        appointed from each member agency, agency 
                        division, or organization as follows:
                                    ``(I) State agency representative, 
                                by the head of the State agency.
                                    ``(II) Local government 
                                representatives, by the respective 
                                governing bodies of the local 
                                governments.
                                    ``(III) Water management district, 
                                by its Governing Board.
                                    ``(IV) Department of the Interior 
                                representative, by the Secretary, 
                                acting through the Southeast Regional 
                                Director of the National Park Service.
                                    ``(V) East Central Florida Regional 
                                Planning Council, by its Governing 
                                Board.
                                    ``(VI) Other entities and 
                                organizations, by the respective 
                                governing bodies of the entities and 
                                organizations.
                            ``(iv) Votes.--Each member agency, 
                        governmental entity, or organization shall have 
                        1 vote.
                            ``(v) Additional procedures.--The Council 
                        shall develop and submit for the approval of 
                        the Secretary any additional procedures 
                        required to carry out the business of the 
                        Council as part of the Plan.
                            ``(vi) Frequency of meetings.--The Council 
                        shall meet at the call of the Florida 
                        Department of Environmental Protection and the 
                        St. Johns River Water Management District, in 
                        consultation with the Secretary.
                            ``(vii) Advisory role.--The Council--
                                    ``(I) shall serve the Secretary 
                                only in an advisory capacity; and
                                    ``(II) shall not have regulatory or 
                                land acquisition authority.
                    ``(E) Management.--
                            ``(i) Federal role.--
                                    ``(I) In general.--The Secretary, 
                                in accordance with sections 10(e) and 
                                11(b)(1), shall enter into written 
                                cooperative agreements with the State 
                                of Florida and may enter into written 
                                cooperative agreements with appropriate 
                                local political jurisdictions, 
                                interested landowners, and private 
                                organizations and individuals, to 
                                provide for the long-term protection, 
                                preservation, and enhancement of the 
                                river segments designated by 
                                subparagraph (B).
                                    ``(II) Comprehensive management 
                                plan.--The Secretary, in consultation 
                                with the Department of Environmental 
                                Protection of the State of Florida, the 
                                St. Johns River Water Management 
                                District, and the Council, shall 
                                develop a comprehensive management plan 
                                for the river segments designated by 
                                subparagraph (B).
                                    ``(III) Support.--The Secretary may 
                                provide technical assistance, staff 
                                support, and funding to assist in the 
                                development and implementation of the 
                                Plan.
                                    ``(IV) Review and report.--The 
                                Secretary, in consultation with the 
                                Department of Environmental Protection 
                                of the State of Florida, the St. Johns 
                                River Water Management District, and 
                                the Council, shall biennially review, 
                                and revise as necessary, the Plan.
                                    ``(V) Report.--After each biennial 
                                review described in subclause (IV), the 
                                Secretary shall submit to the Council 
                                on Resources of the House of 
                                Representatives and the Council on 
                                Energy and Natural Resources of the 
                                Senate a report describing any 
                                deviation from the Plan that could 
                                result in any diminution of the values 
                                for which a river segment was 
                                designated by subparagraph (B).
                            ``(ii) No administration.--Implementation 
                        of this paragraph through cooperative 
                        agreements as described in clause (i)(I) shall 
                        not--
                                    ``(I) constitute or authorize 
                                National Park Service administration of 
                                the segments designated by subparagraph 
                                (B) for purposes of subsection (d) or 
                                section 10(c); and
                                    ``(II) shall not cause any segment 
                                designated by subparagraph (B) to be 
                                considered a unit of the National Park 
                                System.
                    ``(F) Effect of designation.--With respect to the 
                river segments designated as components of the National 
                Wild and Scenic Rivers System under this paragraph, 
                nothing in this paragraph--
                            ``(i) imposes or authorizes the adoption of 
                        additional or more restrictive regulatory 
                        requirements;
                            ``(ii) authorizes the denial of a permit or 
                        the imposition of additional permit conditions; 
                        or
                            ``(iii) authorizes any governmental agency 
                        to reduce or restrict the rights of the owners 
                        of uplands adjacent to the designated river 
                        segments.
                    ``(G) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this paragraph.''.
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