[Congressional Record Volume 164, Number 61 (Monday, April 16, 2018)]
[House]
[Pages H3322-H3323]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        KISSIMMEE RIVER WILD AND SCENIC RIVER STUDY ACT OF 2018

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3961) to amend the Wild and Scenic Rivers Act to designate 
segments of the Kissimmee River and its tributaries in the State of 
Florida for study for potential addition to the National Wild and 
Scenic Rivers System, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3961

       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 ``Kissimmee River Wild and 
     Scenic River Study Act of 2018''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Kissimmee River has undergone, over the course of 
     two decades, the largest river restoration effort in the 
     world.
       (2) Extending approximately 105 miles from Orlando to Lake 
     Okeechobee, the Kissimmee River forms the headwaters of Lake 
     Okeechobee and the Everglades and serves as a vital component 
     of ecosystem restoration in South Florida as a whole.
       (3) The Kissimmee River Restoration Project has 
     significantly improved approximately 63,000 acres of wetlands 
     within the Kissimmee River watershed and reestablished an 
     environment suitable for fish, wildlife, and the wetland 
     plants that existed prior to the Kissimmee River's 
     channelization in the 1960s.
       (4) The Kissimmee River Restoration Project is expected to 
     be completed in 2020, at which point it is expected to 
     reestablish historic hydrologic conditions, recreate historic 
     river and floodplain connectivity, recreate the historic 
     mosaic of wetland plant communities, and restore historic 
     biological diversity and functionality.
       (5) After decades of restoration efforts and the 
     expenditure of nearly a billion dollars, upon completion of 
     the Kissimmee River Restoration Project, a study should be 
     conducted to determine the eligibility of including the fully 
     restored Kissimmee River into the National Wild and Scenic 
     River program to preserve the fully restored free-flowing 
     condition and immediate environment of the river for the 
     benefit and enjoyment of present and future generations.
       (6) Inclusion of the Kissimmee River into the National Wild 
     and Scenic River program would be a fitting tribute to the 
     hard work of the Army Corps of Engineers and the South 
     Florida Water Management District's restoration work.

     SEC. 3. DESIGNATION FOR STUDY.

       (a) Designation for Potential Addition.--Section 5(a) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended 
     by adding at the end the following:
       ``(__) Kissimmee river, florida.--The segment from the 
     southern shore of Lake Kissimmee to its confluence with Lake 
     Okeechobee.''.
       (b) Study.--Section 5(b) of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1276(b)) is amended by adding at the end the 
     following:
       ``(__) Kissimmee river, florida.--
       ``(A) In general.--Not later than 3 years after the date on 
     which funds are made available to carry out this paragraph, 
     the Secretary of the Interior shall complete a study of the 
     Kissimmee River, as described in subsection (a)(__), and 
     submit a report describing the results of such study to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       ``(B) Report requirements.--The report required under 
     subparagraph (A) shall--
       ``(i) include a discussion of the effect of the designation 
     of the segment to be studied under subsection (a)(__) on--

       ``(I) existing commercial and recreational activities, such 
     as cattle ranching, dairy production, hunting, fishing, 
     trapping, recreational shooting, motor boat use, or bridge 
     construction;
       ``(II) the authorization, construction, operation, 
     maintenance, or improvement of energy production and 
     transmission infrastructure;
       ``(III) military operations; and
       ``(IV) the authority of State and local governments to 
     manage the activities described in subclauses (I) and (II); 
     and

       ``(ii) identify--

       ``(I) all authorities that will authorize or require the 
     Secretary of the Interior to influence local land use 
     decisions (such as zoning) or place restrictions on non-
     Federal land if the area studied under subsection (a)(__) is 
     designated under the Wild and Scenic Rivers Act;

[[Page H3323]]

       ``(II) all authorities that the Secretary of the Interior 
     may use to condemn property if the area studied under 
     subsection (a)(__) is designated under the Wild and Scenic 
     Rivers Act; and
       ``(III) all private property located in the area to be 
     studied under subsection (a)(__).

       ``(C) Noninterference.--This study shall not interfere with 
     the Kissimmee River Restoration Project authorized under 
     section 101(8) of the Water Resources Development Act of 1992 
     (Public Law 102-580).''.
       (c) No Negative Impact.--Nothing authorized by this Act may 
     negatively impact agricultural production in the Kissimmee 
     River basin.
       (d) No Effect on Management.--This Act and the amendments 
     made by this Act shall not interfere with the current 
     management of the area of the Kissimmee River described in 
     section 5(a)(__) of the Wild and Scenic Rivers Act, nor shall 
     the fact that such area is listed for study under the Wild 
     and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be used as 
     justification for more restrictive management, such as 
     wilderness or as a category of wild and scenic river, until 
     Congress acts on the study recommendations.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentlewoman from Hawaii (Ms. 
Hanabusa) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3961 would designate the Kissimmee River for study 
for potential addition to the National Wild and Scenic Rivers System.
  I must admit, I have become highly skeptical of wild and scenic 
designations on our rivers after I watched the Merced River's 
designation used as an excuse to severely restrict traditional 
recreational amenities at Yosemite National Park in my district, 
including bicycling, horseback riding, river rafting, lodging, and many 
other amenities that long predated the wild and scenic designation. The 
iconic Curry Village Skating Rink was lost to these restrictions.
  Not only are the designations used to severely restrict public access 
and to restrict the enjoyment of the public's lands, even the existence 
of a study has often been used as an excuse to forbid longstanding and 
traditional enjoyment of these rivers.
  Mr. Speaker, I thank the bill's author, Mr. Soto, for agreeing to 
amendments that will assure that the conduct of the study authorized by 
this measure cannot be used as justification for any restrictions on 
the public's use of the Kissimmee.

                              {time}  1715

  It should be very clearly understood that, with this bill, Congress 
is authorizing a study and nothing else. In no way is it authorizing 
any restriction on the public's use of this land while it is being 
studied or because it is being studied.
  Any further actions forthcoming from the result of this study is for 
the Congress and the Congress alone to decide.
  With that very clear understanding, I support adoption of the 
measure.
  Mr. Speaker, I reserve the balance of my time.
  Ms. HANABUSA. Mr. Speaker, I yield as much time as he may consume to 
the gentleman from Florida (Mr. Soto), the author of the bill.
  Mr. SOTO. Mr. Speaker, I rise today to speak in strong support of my 
bill, H.R. 3961, the Kissimmee River Wild and Scenic River Study Act of 
2018.
  Mr. Speaker, I thank Chairman Bishop, Ranking Member Grijalva, 
Chairman McClintock, Ranking Member Hanabusa, and Congressman Webster 
for all their collaboration and support on this important bill.
  The Kissimmee River forms the headwaters of both Lake Okeechobee and 
the Everglades.
  Decades ago, the Federal and State governments, including Florida, 
instructed the Army Corps of Engineers to channelize this river, 
leading to a decline in the ecosystem.
  Decades later, both the Federal Government and State government got 
together and spent nearly a billion dollars to restore this iconic 
river in order to improve recreation activities for Floridians and all 
Americans; to protect local ecosystems, including endangered species; 
and, of course, to clean the water that goes to Lake Okeechobee and 
eventually to the Everglades.
  This bill, now that we have spent nearly a billion dollars, will help 
start us down the road for potential protection, and I am proud to work 
with both sides of the aisle to make sure that we get it right.
  I believe it is imperative for future generations that we use this as 
an opportunity to safeguard the investment that we have made and to 
protect this ecosystem for wildlife corridors, for the enjoyment of 
Floridians and all Americans, for the protection of species, and to 
make sure that we are protecting the Everglades for future generations.
  Mr. Speaker, I want to thank, once again, our Natural Resources 
Committee, including Chairman Bishop, Ranking Member Grijalva, Chairman 
McClintock, Ranking Member Hanabusa, and Congressman Webster for 
working with me on this. With their support, this legislation could 
only be on the floor with them helping out.
  Mr. Speaker, I urge my colleagues in this Chamber to support H.R. 
3961.
  Mr. McCLINTOCK. Mr. Speaker, I am prepared to close, and I reserve 
the balance of my time.
  Ms. HANABUSA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3961 amends the Wild and Scenic Rivers Act to 
direct a study of the Kissimmee River to potentially be added to the 
National Wild and Scenic Rivers System.
  The designation would prohibit dams and other projects that would 
negatively impact the river's natural condition, but would not restrict 
private land use.
  Mr. Speaker, I support the passage of this bill, and I yield back the 
balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I urge adoption of the bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McClintock) that the House suspend the 
rules and pass the bill, H.R. 3961, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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