[Congressional Record Volume 146, Number 97 (Monday, July 24, 2000)]
[House]
[Pages H6750-H6752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WEKIVA WILD AND SCENIC RIVER ACT OF 2000
Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2773) to amend the Wild and Scenic Rivers Act to designate
the Wekiva River and its tributaries of Rock Springs Run and Black
Water Creek in the State of Florida as components of the national wild
and scenic rivers system, as amended.
The Clerk read as follows:
H.R. 2773
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
Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Public Law 104-311 (110 Stat. 3818) amended section 5
of the Wild and Scenic Rivers Act (16 U.S.C. 1276) to require
the study of the Wekiva River and its tributaries of Rock
Springs Run and Seminole Creek for potential inclusion in the
national wild and scenic rivers system.
(2) The study determined that the Wekiva River, Wekiwa
Springs Run, Rock Springs Run, and Black Water Creek are
eligible for inclusion in the national wild and scenic rivers
system.
(3) The State of Florida has demonstrated its commitment to
protecting these rivers and streams by the enactment of the
Wekiva River Protection Act (Florida Statute chapter 369), by
the establishment of a riparian wildlife protection zone and
water quality protection zone by the St. Johns River Water
Management District, and by the acquisition of lands adjacent
to these rivers and streams for conservation purposes.
(4) The Florida counties of Lake, Seminole, and Orange have
demonstrated their commitment to protect these rivers and
streams in their comprehensive land use plans and land
development regulations.
(5) The desire for designation of these rivers and streams
as components of the national wild and scenic rivers system
has been demonstrated through strong public support, State
and local agency support, and the endorsement of designation
by the Wekiva River Basin Ecosystem Working Group, which
represents a broad cross section of State and local agencies,
landowners, environmentalists, nonprofit organizations, and
recreational users.
(6) The entire lengths of the Wekiva River, Rock Springs
Run, and Black Water Creek are held in public ownership or
conservation easements or are defined as waters of the State
of Florida.
SEC. 3. DESIGNATION OF WEKIVA RIVER AND TRIBUTARIES, FLORIDA,
AS COMPONENTS OF NATIONAL WILD AND SCENIC
RIVERS SYSTEM.
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 new
paragraph:
``(161) Wekiva River, Wekiwa Springs Run, Rock Springs Run,
and Black Water Creek, Florida.--The 41.6-mile segments
referred to in this paragraph, to be administered by the
Secretary of the Interior:
``(A) Wekiva river and wekiwa springs run.--The 14.9 miles
of the Wekiva River, along Wekiwa Springs Run from its
confluence with the St. Johns River to Wekiwa Springs, to be
administered 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 State
Reserve at the Wekiva River, approximately 3.4 miles, as a
recreational river.
``(iii) From the northern boundary of Rock Springs State
Reserve at the Wekiva River to the southern boundary of Rock
Springs State Reserve at the Wekiva River, approximately 5.9
miles, as a wild river.
``(iv) From the southern boundary of Rock Springs State
Reserve at the Wekiva River upstream along Wekiwa Springs Run
to Wekiwa Springs, approximately 1.2 miles, as a recreational
river.
``(B) Rock springs run.--The 8.8 miles from the confluence
of Rock Springs Run with the Wekiwa Springs Run forming the
Wekiva River to its headwaters at Rock Springs, to be
administered 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.
``(C) Black water creek.--The 17.9 miles from the
confluence of Black Water Creek with the Wekiva River to
outflow from Lake Norris, to be administered 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 4.1 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 4.4 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 .6 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 4.7 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.''.
[[Page H6751]]
SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND
TRIBUTARIES.
(a) Definitions.--In this section and section 5:
(1) 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.
(2) Committee.--The term ``Committee'' means the Wekiva
River System Advisory Management Committee established
pursuant to section 5.
(3) 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)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Cooperative Agreements.--
(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(e) and 11(b)(1) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 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 such Act (10 U.S.C. 1281(c)) and shall not
cause the Wekiva River system to be considered as being 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 House of Representatives
and the Committee on Energy and Natural Resources of the
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) 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 Preserve.
(5) The Florida Department of Agriculture and Consumer
Services, Division of Forestry, Seminole State Forest.
(6) The Florida Audubon 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) Appointment.--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 Boards 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 1 vote and provide 1 member and 1 alternate.
Committee decisions and actions will be made with 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 and paragraph (161) of
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)), as added by this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Gibbons) and the gentleman from California (Mr. George
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
General Leave
Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 2773.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
There was no objection.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2773 adds the Wekiva River and many of its
tributaries to the wild and scenic rivers system. The gentleman from
Florida (Mr. McCollum) is to be commended for his bill, which is the
product of extensive public involvement and has the endorsement of a
variety of State, local, and Federal governments. H.R. 2773 sets apart
over 40 miles of Florida rivers as wild and scenic and in doing so
extends existing riparian and water protection zones.
In 1996, Mr. Speaker, Congress passed a law which directed the
Secretary of the Interior to study the inclusion of these segments as
wild and scenic rivers. The study has been completed and concluded that
the river segments contained in this bill are eligible for inclusion
into the wild and scenic rivers system. Administration of the river
segments will be done by the Secretary of the Interior in cooperation
with the State of Florida and Lake, Orange, and Seminole Counties. H.R.
2773 also establishes the Wekiva River System Advisory Committee, which
will assist in the development of a comprehensive management plan.
Mr. Speaker, I urge my colleagues to support H.R. 2773, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, H.R. 2773 would amend the Wild and Scenic Rivers Act to
make the Wekiva River in Central Florida, as well as several of its
tributaries, components of the wild and scenic rivers system. Congress
authorized a study of the river in 1996 to determine whether it met the
criteria for addition to the wild and scenic rivers program. The study
found that it did. There is a great deal of local support for
conferring this status on the Wekiva; and in addition to this Federal
designation, the Wekiva already benefits from important State and local
protections.
During consideration of this measure by the Subcommittee on National
Parks and Public Lands, an amendment in the nature of a substitute was
adopted which made a number of technical changes to the bill, the
majority of which are suggested by the National Park Service. With
these changes, we support the legislation and urge our colleagues to
approve H.R. 2773.
Mr. McCOLLUM. Mr. Speaker, I rise today in support of H.R. 2773, the
Wekiva Wild and Scenic River Act. This legislation designates the
Wekiva River and its tributaries for inclusion in the National Wild and
Scenic Rivers System.
Floridians are blessed with some of the most rich and engaging
natural resources in
[[Page H6752]]
the world. Every year thousands of people come to Florida to enjoy the
ocean as well as our many lakes and rivers. Located in Central Florida,
the Wekiva River Basin in a complex ecological system of rivers,
springs, lakes, and streams with many indigenous varieties of
vegetation and wildlife which are dependent on this water system.
Included in this area are several distinct recreational, natural,
historic and cultural resources that make the Wekiva River an excellent
addition to the National Wild and Scenic Rivers System. So, it is with
great pride that I bring this legislation to the floor for its
consideration before the House of Representatives.
First, I would like to take a moment to thank Mr. David Sukkert who
brought this issue to my attention years ago. He has been an asset to
my staff; illuminating the significance of this beautiful river so that
the nation can recognize the environmental treasure we have in Central
Florida. I would also like to thank the Friends of the Wekiva, the St.
Johns Water Management District, and the Florida Department of
Environmental Protection who have been instrumental in this process; I
truly appreciate their significant contribution to the Wekiva River.
Growing up, I spent many afternoons with my father canoeing and
fishing on Florida's pristine waterways. As they were growing, I took
my own sons to experience the same surroundings on the Wekiva River. In
this beautiful and serene setting a multitude of species find their
refuge. Avid bird watchers travel to the area to catch a glimpse of a
few of the 213 different species of birds that are said to be native to
the area. The Wekiva area is also home to our national bird, the bald
eagle, with 4 active nests. Within the Wekiva River GEOPark, there are
6 threatened or endangered species, including the American Alligator.
Not only is the Wekiva River and important wildlife refuge, it also has
a deep historical importance. Scientists have found fragments of
pottery dating back to the aboriginal period when the Seminole Indians
lived in the area.
For more than 30 years, the National Wild and Scenic Rivers Act has
safeguarded some of the nation's most precious rivers. In October of
1968, The Wild and Scenic Rivers Act pronounced that certain selected
rivers of the nation that possess outstandingly remarkable scenic,
recreational, geologic, fish and wildlife, historic, cultural or other
similar values, shall be preserved in free-flowing condition, and that
they shall be protected for the benefit and enjoyment of present and
future generations. Designated rivers receive protection to preserve
their-free-flowing condition, to protect the water quality and to
fulfill other vital national conservation purposes.
In the 104th Congress, I introduced legislation which was signed into
law to authorize a study of the Wekiva River by the Department of
Interior to determine whether it would be eligible and suitable for
inclusion in the National Wild and Scenic Rivers System. The National
Parks Service completed this study and concluded that the Wekiva River
system was an excellent candidate for receiving this designation.
This legislation would allow the Wekiva and its tributaries to join
the Loxahatchee as Florida's second river to receive this designation.
The Wekiva Wild and Scenic Rivers Act of 1999 provides Congressional
designation of 41.6 miles of eligible and suitable portions of the
Wekiva River, Rock Springs Run, Wekiwa Springs Run, and Black Water
Creek with State management and the establishment of a coordinated
Federal, State, and local management committee. As the report states,
the Wekiva River area provides ``outstandingly remarkable resources''
which makes it eligible for this national designation.
Therefore, I thank Congressmen Hansen and Young for their efforts in
bringing this measure to the floor. I enthusiastically support H.R.
2773, the Wekiva Wild and Scenic Rivers Act, and encourage my
colleagues to vote in support of this important legislation.
Mr. George Miller of California. Mr. Speaker, I yield back the
balance of my time.
Mr. GIBBONS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules
and pass the bill, H.R. 2773, as amended.
The question was taken.
Mr. GEORGE MILLER of California. Mr. Speaker, I object to the vote on
the ground that a quorum is not present and make the point of order
that a quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________