[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.