[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.

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