[Senate Report 106-316]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 634
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-316

======================================================================



 
              WEKIVA WILD AND SCENIC RIVER DESIGNATION ACT

                                _______
                                

                 June 27, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2352]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2352) to designate portions of the Wekiva 
River and associated tributaries as a component of the National 
Wild and Scenic Rivers System, having considered the same, 
reports favorably thereon with an amendment and an amendment to 
the title and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

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 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 
                        administrated by the Secretary of the Interior 
                        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 Wekiva Springs, 
                                approximately 1.2 miles, as a 
                                recreational river.
                          ``(ii) Rock springs run, florida.--The 8.8 
                        miles a 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 44 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) the Wild and Scenic 
        Rivers Act (16 U.S.C. 1274(a)), as added by this Act.
    (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(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 designated as a component of the National Wild 
and Scenic Rivers System.
    (d) Techincal 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.

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 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) Appointments.--Representatives and alternatives 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 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.
    2. 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.

                         Purpose of the Measure

    The purpose of S. 2352 is to designate portions of the 
Wekiva River and associated tributaries in the State of Florida 
as components of the National Wild and Scenic Rivers System.

                          Background and Need

    In 1996 Congress authorized the Secretary of the Interior 
to conduct a study of the Wekiva River, Seminole Creek, and 
Rock Springs Run for potential addition to the National Wild 
and Scenic Rivers System (Public Law 104-311). The Wekiva River 
and its tributaries are located in central Florida just north 
of the Orlando, and flow through Orange, Seminole, and Lake 
counties. At the request of the Lake County Water Authority, 
the study area was expanded to include Black Water Creek, which 
links Seminole Creek with the Wekiva River.
    The section of the Wekiva River and its tributaries that 
were included in the study are in superb ecological condition. 
The majority of the waterways are currently under public 
ownership, either by the State of Florida, the St. Johns River 
Water Management District, or Orange County. Most of the 
private ownership lies within Seminole County. The Orlando 
metropolitan area has experienced rapid growth in the last two 
decades, and an estimated 1.3 million people now live within a 
20-mile radius of the Wekiva River.
    The National Park Service study, completed in June 1999, 
determined that all 45.5 miles of river segments included in 
the study were free-flowing and had ``outstandingly remarkable 
resources'' which make them eligible for inclusion in the 
National Wild and Scenic Rivers System. While all the river 
segments were found to be eligible for designation, not all 
were found to be suitable for designation. A total of 41.6 
river miles were found to be both eligible and suitable for 
designation. The 3.9 miles of Seminole Creek, while eligible 
for designation, lies within a single tract owned by a family 
that does not want it to be designated.
    Designation of the Wekiva River and its tributaries as part 
of the National Wild and Scenic River System would provide 
additional protection for valuable natural resources associated 
with the river basin as population growth and development 
pressures continue to increase. There is substantial public 
support for designation of the Wekiva River and its 
tributaries, and the Wekiva River Basin Working Group, 
representing a broad cross section of State and local agencies, 
landowners, environmentalists, nonprofit organizations, and 
recreational users, support the designation.
    S. 2352 provides for designation of the entire 41.6 miles 
of Wekiva River and its tributaries included in the study as 
components of the National Wild and Scenic Rivers System. The 
bill provides for the Secretary of the Interior to be given 
administrative, planning, oversight, and technical assistance 
responsibilities, but for the State and local agencies to 
retain primary responsibility for management of the river 
segments.

                          Legislative History

    S. 2352 was introduced by Senator Graham on April 4, 2000. 
The Subcommittee on National Parks, Historic Preservation, and 
Recreation held a hearing on S. 2352 on April 27, 2000. At its 
business meeting on June 7, 2000, the Committee on Energy and 
Natural Resources ordered S. 2352 favorably reported, as 
amended.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on June 7, 2000, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 2352, if 
amended as described herein.

                          Committee Amendments

    During the consideration of S. 2352, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
technical, clarifying, and conforming changes, including 
removing a provision which would have added the management 
language to the underlying Wild and Scenic Rivers Act. The 
amendment also deletes one segment of the proposed designation. 
The amendment is explained in detail in the section-by-section 
analysis, below.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the ``Wekiva 
Wild and Scenic River Designation Act''.
    Section 2 contains congressional findings concerning the 
character of the Wekiva River and its tributaries and the level 
of public support for designation of the river segments as 
components of the National Wild and Scenic Rivers System.
    Section 3 amends section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) by adding a new paragraph (161) 
designating 41.6 miles of the Wekiva River and its tributaries 
as components of the National Wild and Scenic Rivers System.
    Section 4(a) defines key terms used in the Act.
    Subsection (b) directs the Secretary of the Interior 
(Secretary) to offer to enter into cooperative agreements with 
the State of Florida, the appropriate local political 
jurisdictions, and local planning and environmental 
organizations.
    Paragraph (2) clarifies that the Secretary's administration 
of the Wekiva River system through cooperative agreements does 
not constitute National Park Service administration of the 
river for purposes of section 10(c) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1281(c)). The Wekiva River system is not 
considered to be part of the National Park System, and publicly 
owned lands within the boundaries of the Wekiva River system 
will continue to be managed by the agency having jurisdiction 
over them.
    Subsection (c) requires the Secretary to biennially review 
compliance with the comprehensive management plan (plan), 
developed pursuant to section 3(d) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(d)). The Secretary must report any 
deviations from the plan that could result in diminution of the 
values for which the Wekiva River system was designated as a 
component of the National Wild and Scenic Rivers System to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate.
    Subsection (d) authorizes the Secretary to provide 
technical assistance, staff support, and funding to assist in 
development and implementation of the comprehensive management 
plan.
    Subsection (e) authorizes the Secretary to designate 
Seminole Creek in the State of Florida as an additional 
component of the National Wild and Scenic Rivers System if the 
owner of the property through which it runs supports such 
designation.
    Subsection (f) clarifies that nothing in this section is to 
be construed to authorize funding for land acquisition, 
facility development, or operations.
    Section 5 directs the Secretary of the Interior to 
establish the Wekiva River System Advisory Management Committee 
to assist in the development of the comprehensive management 
plan for the Wekiva River System, and prescribes the 
Committee's composition. The Committee has an advisory role 
only, and will not have regulatory or land acquisition 
authority.
    Section 6 the appropriation of such sums as are necessary 
to carry out this Act.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 14, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2352, the Wekiva 
Wild and Scenic River Designation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

S. 2352--Wekiva Wild and Scenic River Designation Act

    CBO estimates that implementing S. 2352 would have no 
significant impact on the federal budget. Because S. 2352 would 
not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. S. 2352 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    S. 2352 would designate about 42 miles of river segments in 
Florida as wild, scenic, and recreational rivers to be 
administered by the Secretary of the Interior in cooperation 
with the state of Florida. The bill would direct the Secretary 
to establish an advisory council to help develop and implement 
a comprehensive management plan for those river segments. It 
would authorize the Secretary to provide financial and other 
assistance to the state of Florida and relevant local 
governments, landowners, and private organizations under 
cooperative agreements aimed at facilitating the management of 
the newly designated river segments. Based on information from 
the National Park Service, CBO estimates that implementing this 
bill would cost about $100,000 annually, assuming the 
availability of appropriated funds.
    The CBO staff contact is Megan Carroll. This estimate was 
approved by Robert A. Sunshine, Assistant Director for Budget 
Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2352. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2352, as ordered reported.

                        Executive Communications

    On April 27, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 2352. These 
reports had not been received at the time the report on S. 2352 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

 Statement of John G. Parsons, Associate Regional Director for Lands, 
Resources, and Planning, National Park Service, National Capital Region

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's views on S. 2352, to designate 
portions of the Wekiva River and associated tributaries as a 
component of the National Wild and Scenic Rivers System.
    The Department supports S. 2352 with amendments.
    In 1996, Congress authorized the Secretary of the Interior 
to conduct a study of the Wekiva River, Seminole Creek, and 
Rock Springs Run for potential addition to the National Wild 
and Scenic Rivers System (Public Law 104-311). Black Water 
Creek, which links Seminole Creek with the Wekiva River, was 
included in the study at the request of the Lake County Water 
Authority. For the most part, S. 2352 is consistent with the 
findings of the study.
    The Wekiva River Basin is located in Orange, Seminole, and 
Lake Counties, Florida. The basin contains some of Florida's 
most valuable and unusual natural resources due to its 
location, where the temperate and tropical climatic zones meet. 
The region contains a delicate and complex ecosystem of rivers, 
springs, seepage areas, lakes, streams, sinkholes, wetland 
prairies, hardwood hammocks, pine flatwoods, longleaf pine and 
wiregrass, xeric scrub oak and sand pine scrub communities, all 
of which are located adjacent to or in the wetland and 
floodplain of this water-dependent system. The basin supports 
plant and animal species that are endangered, threatened, or of 
special concern, including the American Alligator, the Bald 
Eagle, the Wood Stork, and the West Indian Manatee.
    The section of the Wekiva River and its tributaries that 
were included in the study are in superb ecological condition. 
The majority of these waterways are currently in public 
ownership and managed by either the State of Florida, the St. 
Johns Water Management District, or Orange County. The Wekiva 
River has only one bridge crossing; Rock Springs Run has no 
bridge crossings; and Black Water Creek has three bridge 
crossing.
    The Orlando metropolitan areas has experienced rapid growth 
in the last two decades, and an estimated 1.3 million people 
now live within a 20-mile radius of the Wekiva River. The 
designation of the Wekiva River and its tributaries as part of 
the National Wild and Scenic River System would help protect 
the valuable natural resources associated with the system as 
population growth and development pressures continue to 
increase.
    S. 2352 would designate the Wekiva River and its 
tributaries of Rock Springs Run, Wekiwa Springs Run, and Black 
Water Creek as components of the National Wild and Scenic River 
System subject to the Wild and Scenic Rivers Act. The Secretary 
of the Interior would administer this river system, providing 
for its long-term protection, preservation, and enhancement 
through cooperative agreements with the State of Florida and 
other appropriate local political jurisdictions, interested 
landowners, and private organizations and individuals. The 
Wekiva River and its tributaries would not become a unit of the 
National Park System. The designated waterways that flow 
through publicly owned lands would continue to be managed by 
the agencies that have jurisdiction over the lands.
    Seminole Creek would be designated as a wild and scenic 
river in the legislation. However, we recommend that 
designation be deferred at this time, which will make the 
legislation consistent with the National Park Service study 
recommendations. Although Seminole Creek was determined to be 
eligible for designation, it lies within a single privately 
owned tract whose owner does not want it to be designated.
    The bill also establishes a coordinating council composed 
of representatives of Federal, State, and local government 
entities and public interest organizations to assist in the 
development of the comprehensive management plan for the river 
system. After the management plan is completed, the Secretary 
of the Interior would be required to review the plan biennially 
and report to the House Committee on Resources and the Senate 
Committee on Energy and Natural Resources any deviation from 
the plan that could result in a diminution of the values for 
which the Wekiva River system was designated as a component of 
the National Wild and Scenic Rivers System.
    In addition, the bill authorizes the Secretary of the 
Interior to provide technical assistance and other support for 
the development and implementation of the comprehensive 
management plan.
    S. 2352 follows a recent trend in legislation designating 
wild and scenic rivers, where the Secretary of the Interior, 
through the National Park Service, is given oversight, 
administrative, and planning responsibilities, but the State 
and local public land managing agencies serve as the primary 
on-the-ground managers. This partnership arrangement ensures 
front-end planning and long-term oversight of this outstanding 
resource by the Federal government. However, day-to-day 
operations are left to the current land managers. This type of 
arrangement is working well in other areas where Congress has 
provided for a similar division of responsibilities, as it has 
for the Concord, Assabet, and Sudbury Rivers (Public Law 106-
20), the Lamprey River (Public Law 104-333), the Farmington 
River (Public Law 103-313), and others. We believe this 
arrangement will be appropriate and effective for the Wekiva 
River system as well.
    While we strongly support the provisions of S. 2352, we 
recommend some amendments to the bill. One amendment would 
provide for the designation of Seminole Creek if the owner 
requests designation and the Secretary of the Interior 
determines that the creek still meets the eligibility criteria. 
That way, if circumstances change, Seminole Creek could be 
designated without new legislation. We understand that the 
State of Florida is currently negotiating with the owner for 
the purchase of Seminole Creek.
    We are also recommending amendments that would provide for 
more explicit inclusion of Wekiwa Springs Run as one of the 
designated wild and scenic components of the Wekiva River 
system. Although the bill designates the half-mile-long Wekiwa 
Springs Run, this small tributary lacks the visibility of the 
other designated segments in S. 2352. Other amendments clarify 
the role of the coordinating council established by the bill, 
remove suggested council members that are not directly tied to 
the resource, remove language that contradicts the Wild and 
Scenic Rivers Act, and conform some of the bill's language to 
that used in other recent wild and scenic river legislation to 
insure only the actual river segments designated are made 
amendments to the Wild and Scenic Rivers Act while the 
particular management prescriptions are adopted as free-
standing provisions of the designation legislation. Our 
recommended amendments are attached to this statement.
    This concludes my remarks. I would be pleased to answer any 
questions you or other members of the Subcommittee may have.


  amendments to s. 2352, wekiva wild and scenic river designation act 
                 proposed by the national park service


    Page 1, line 10, strike ``, including'' and all that 
follows through ``Wekiva River''
    Page 2, line 8, strike ``Seminole Creek''.
    [From page 5 through the end of the bill, strike quotation 
marks at the beginning of each paragraph and at the end of the 
bill.]
    Page 5, strike lines 5 through 7.
    Page 5, line 8, strike ``(161).''
    Page 5, line 8, insert ``Wekiwa Springs Run,'' before 
``Rock Springs Run,''
    Page 5, line 23, strike ``45.5 miles'' and insert ``41.6 
miles''.
    Page 6, line 8, insert ``and Wekiwa Springs Run,'' after `` 
``(A) Wekiva River''.
    Page 6, line 3, insert ``, along Wekiwa Springs Run'' after 
``River''.
    Page 10, line 1, strike paragraph (iv) in its entirety.
    Page 10, line 25, strike ``Plan;'' and insert 
``Comprehensive Management Plan for the Wekiva River System.''
    Page 11, line 1, strike ``(II)'' and the remainder of the 
sentence, and insert and provide advice to the Secretary in 
carrying out his management responsibilities under this Act.''
    Page 12, line 20, strike paragraph (XVI) and all for the 
following through the end of the paragraph (XXII), page 13, 
line 12.
    Page 17, line 2, strike ``Council'' and insert 
``Committee''.
    Page 17, line 3, strike ``Council'' and insert 
``Committee''.
    Page 17, line 23, strike paragraph (F) in their entirety, 
through page page 18, line 12.
    Page 18, line 13, renumber (G) as (H) and insert the 
following new subsections:
                  ``(F) Limitation on federal support.--Nothing 
                in this section shall be construed to authorize 
                funding for land acquisition, facility 
                development, or operations.
                  ``(G) Future designation.--If the Secretary 
                finds that Seminole Creek, from its headwaters 
                at Seminole Springs to its confluence with 
                Black Water Creek, is eligible for designation 
                under the National Wild and Scenic Rivers Act 
                (16 U.S.C. 1274 (a)) and the owner of the 
                property through which Seminole Creek Runs 
                notifies the Secretary of support for 
                designation, the Secretary may designate that 
                tributary. Notice of the designation shall be 
                published in the Federal Register and shall 
                become effective on the date of publication.''.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 2352, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

              SECTION 3 OF THE WILD AND SCENIC RIVERS ACT

    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wide and scenic rivers system:
          (1) * * *

           *       *       *       *       *       *       *

          (162) Wekiva River, Wekiwa Springs Run, Rock Springs 
        Run, and Black Water Creek, Florida.--
                  (A) The 41.6 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 of the Interior 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 
                                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 Wekiva 
                                Springs Run to Wekiva 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 Spring 
                                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.

                                  
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