[Congressional Record Volume 146, Number 100 (Thursday, July 27, 2000)]
[Senate]
[Pages S7797-S7798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              WEKIVA WILD AND SCENIC RIVER DESIGNATION ACT

  The Senate proceeded to consider the bill (S. 2352) to designate 
portions of the Wekiva River and associated tributaries as a component 
of the National Wild and Scenic River System, which had been reported 
from the Committee on Energy and Natural Resources, with an amendment 
to strike all after the enacting clause and insert the part printed in 
italic.

     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 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.

     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 designed 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.

[[Page S7798]]

     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 1 vote and provide 1 member and 1 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.
     Amend the title so as to read: ``A bill 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.''.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2352), as amended, was read the third time and passed.

                          ____________________