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[House Report 106-739]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-739

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                WEKIVA WILD AND SCENIC RIVER ACT OF 2000

                                _______
                                

 July 17, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2773]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2773) to amend the Wild and Scenic Rivers Act to 
designate the Wekiva River and its tributaries of Rock Springs 
Run and Black Water Creek in the State of Florida as components 
of the national wild and scenic rivers system, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
  The amendments are as follows:
  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 Act of 
2000''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) Public Law 104-311 (110 Stat. 3818) amended section 5 of 
        the Wild and Scenic Rivers Act (16 U.S.C. 1276) to require the 
        study of the Wekiva River and its tributaries of Rock Springs 
        Run and Seminole Creek for potential inclusion in the national 
        wild and scenic rivers system.
          (2) The study determined that the Wekiva River, Wekiwa 
        Springs Run, Rock Springs Run, and Black Water Creek are 
        eligible for inclusion in the national wild and scenic rivers 
        system.
          (3) The State of Florida has demonstrated its commitment to 
        protecting these rivers and streams by the enactment of the 
        Wekiva River Protection Act (Florida Statute chapter 369), by 
        the establishment of a riparian wildlife protection zone and 
        water quality protection zone by the St. Johns River Water 
        Management District, and by the acquisition of lands adjacent 
        to these rivers and streams for conservation purposes.
          (4) The Florida counties of Lake, Seminole, and Orange have 
        demonstrated their commitment to protect these rivers and 
        streams in their comprehensive land use plans and land 
        development regulations.
          (5) The desire for designation of these rivers and streams as 
        components of the national wild and scenic rivers system has 
        been demonstrated through strong public support, State and 
        local agency support, and the endorsement of designation by the 
        Wekiva River Basin Ecosystem Working Group, which represents a 
        broad cross section of State and local agencies, landowners, 
        environmentalists, nonprofit organizations, and recreational 
        users.
          (6) The entire lengths of the Wekiva River, Rock Springs Run, 
        and Black Water Creek are held in public ownership or 
        conservation easements or are defined as waters of the State of 
        Florida.

SEC. 3. DESIGNATION OF WEKIVA RIVER AND TRIBUTARIES, FLORIDA, AS 
                    COMPONENTS OF NATIONAL WILD AND SCENIC RIVERS 
                    SYSTEM.

  Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended by adding at the end the following new paragraph:
  ``(161) Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black 
Water Creek, Florida.--The 41.6-mile segments referred to in this 
paragraph, to be administered by the Secretary of the Interior:
          ``(A) Wekiva river and wekiwa springs run.--The 14.9 miles of 
        the Wekiva River, along Wekiwa Springs Run from its confluence 
        with the St. Johns River to Wekiwa Springs, to be administered 
        in the following classifications:
                  ``(i) From the confluence with the St. Johns River to 
                the southern boundary of the Lower Wekiva River State 
                Preserve, approximately 4.4 miles, as a wild river.
                  ``(ii) From the southern boundary of the Lower Wekiva 
                River State Preserve to the northern boundary of Rock 
                Springs State Reserve at the Wekiva River, 
                approximately 3.4 miles, as a recreational river.
                  ``(iii) From the northern boundary of Rock Springs 
                State Reserve at the Wekiva River to the southern 
                boundary of Rock Springs State Reserve at the Wekiva 
                River, approximately 5.9 miles, as a wild river.
                  ``(iv) From the southern boundary of Rock Springs 
                State Reserve at the Wekiva River upstream along Wekiwa 
                Springs Run to Wekiwa Springs, approximately 1.2 miles, 
                as a recreational river.
          ``(B) Rock springs run.--The 8.8 miles from the confluence of 
        Rock Springs Run with the Wekiwa Springs Run forming the Wekiva 
        River to its headwaters at Rock Springs, to be administered in 
        the following classifications:
                  ``(i) From the confluence with Wekiwa Springs Run to 
                the western boundary of Rock Springs Run State Reserve 
                at Rock Springs Run, approximately 6.9 miles, as a wild 
                river.
                  ``(ii) From the western boundary of Rock Springs Run 
                State Reserve at Rock Springs Run to Rock Springs, 
                approximately 1.9 miles, as a recreational river.
          ``(C) Black water creek.--The 17.9 miles from the confluence 
        of Black Water Creek with the Wekiva River to outflow from Lake 
        Norris, to be administered in the following classifications:
                  ``(i) From the confluence with the Wekiva River to 
                approximately .25 mile downstream of the Seminole State 
                Forest road crossing, approximately 4.1 miles, as a 
                wild river.
                  ``(ii) From approximately .25 mile downstream of the 
                Seminole State Forest road to approximately .25 mile 
                upstream of the Seminole State Forest road crossing, 
                approximately .5 mile, as a scenic river.
                  ``(iii) From approximately .25 mile upstream of the 
                Seminole State Forest road crossing to approximately 
                .25 mile downstream of the old railroad grade crossing 
                (approximately River Mile 9), approximately 4.4 miles, 
                as a wild river.
                  ``(iv) From approximately .25 mile downstream of the 
                old railroad grade crossing (approximately River Mile 
                9), upstream to the boundary of Seminole State Forest 
                (approximately River Mile 10.6), approximately 1.6 
                miles, as a scenic river.
                  ``(v) From the boundary of Seminole State Forest 
                (approximately River Mile 10.6) to approximately .25 
                mile downstream of the State Road 44 crossing, 
                approximately .9 mile, as a wild river.
                  ``(vi) From approximately .25 mile downstream of 
                State Road 44 to approximately .25 mile upstream of the 
                State Road 44A crossing, approximately .6 mile, as a 
                recreational river.
                  ``(vii) From approximately .25 mile upstream of the 
                State Road 44A crossing to approximately .25 mile 
                downstream of the Lake Norris Road crossing, 
                approximately 4.7 miles, as a wild river.
                  ``(viii) From approximately .25 mile downstream of 
                the Lake Norris Road crossing to the outflow from Lake 
                Norris, approximately 1.1 miles, as a recreational 
                river.''.

SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA RIVER AND 
                    TRIBUTARIES.

  (a) Definitions.--In this section and section 5:
          (1) Wekiva river system.--The term ``Wekiva River system'' 
        means the segments of the Wekiva River, Wekiwa Springs Run, 
        Rock Springs Run, and Black Water Creek in the State of Florida 
        designated as components of the national wild and scenic rivers 
        system by paragraph (161) of section 3(a) of the Wild and 
        Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this Act.
          (2) Committee.--The term ``Committee'' means the Wekiva River 
        System Advisory Management Committee established pursuant to 
        section 5.
          (3) Comprehensive management plan.--The terms ``comprehensive 
        management plan'' and ``plan'' mean the comprehensive 
        management plan to be developed pursuant to section 3(d) of the 
        Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
  (b) Cooperative Agreements.--
          (1) Use authorized.--In order to provide for the long-term 
        protection, preservation, and enhancement of the Wekiva River 
        system, the Secretary shall offer to enter into cooperative 
        agreements pursuant to sections 10(e) and 11(b)(1) of the Wild 
        and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the 
        State of Florida, appropriate local political jurisdictions of 
        the State, namely the counties of Lake, Orange, and Seminole, 
        and appropriate local planning and environmental organizations.
          (2) Effect of agreement.--Administration by the Secretary of 
        the Wekiva River system through the use of cooperative 
        agreements shall not constitute National Park Service 
        administration of the Wekiva River system for purposes of 
        section 10(c) of such Act (10 U.S.C. 1281(c)) and shall not 
        cause the Wekiva River system to be considered as being a unit 
        of the National Park System. Publicly owned lands within the 
        boundaries of the Wekiva River system shall continue to be 
        managed by the agency having jurisdiction over the lands, in 
        accordance with the statutory authority and mission of the 
        agency.
  (c) Compliance Review.--After completion of the comprehensive 
management plan, the Secretary shall biennially review compliance with 
the plan and shall promptly report to the Committee on Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate any deviation from the plan that could result 
in any diminution of the values for which the Wekiva River system was 
designated as a component of the national wild and scenic rivers 
system.
  (d) Technical Assistance and Other Support.--The Secretary may 
provide technical assistance, staff support, and funding to assist in 
the development and implementation of the comprehensive management 
plan.
  (e) Limitation on Federal Support.--Nothing in this section shall be 
construed to authorize funding for land acquisition, facility 
development, or operations.

SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT COMMITTEE.

  (a) Establishment.--The Secretary shall establish an advisory 
committee, to be known as the Wekiva River System Advisory Management 
Committee, to assist in the development of the comprehensive management 
plan for the Wekiva River system.
  (b) Membership.--The Committee shall be composed of a representative 
of each of the following agencies and organizations:
          (1) The Department of the Interior, represented by the 
        Director of the National Park Service or the Director's 
        designee.
          (2) The East Central Florida Regional Planning Council.
          (3) The Florida Department of Environmental Protection, 
        Division of Recreation and Parks.
          (4) The Florida Department of Environmental Protection, 
        Wekiva River Aquatic Preserve.
          (5) The Florida Department of Agriculture and Consumer 
        Services, Division of Forestry, Seminole State Forest.
          (6) The Florida Audubon Society.
          (7) The nonprofit organization known as the Friends of the 
        Wekiva.
          (8) The Lake County Water Authority.
          (9) The Lake County Planning Department.
          (10) The Orange County Parks and Recreation Department, Kelly 
        Park.
          (11) The Seminole County Planning Department.
          (12) The St. Johns River Water Management District.
          (13) The Florida Fish and Wildlife Conservation Commission.
          (14) The City of Altamonte Springs.
          (15) The City of Longwood.
          (16) The City of Apopka.
          (17) The Florida Farm Bureau Federation.
          (18) The Florida Forestry Association.
  (c) Additional Members.--Other interested parties may be added to the 
Committee by request to the Secretary and unanimous consent of the 
existing members.
  (d) Appointment.--Representatives and alternates to the Committee 
shall be appointed as follows:
          (1) State agency representatives, by the head of the agency.
          (2) County representatives, by the Boards of County 
        Commissioners.
          (3) Water management district, by the Governing Board.
          (4) Department of the Interior representative, by the 
        Southeast Regional Director, National Park Service.
          (5) East Central Florida Regional Planning Council, by 
        Governing Board.
          (6) Other organizations, by the Southeast Regional Director, 
        National Park Service.
  (f) 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.
  (e) Voting and Committee Procedures.--Each member agency, agency 
division, or organization referred to in subsection (b) shall have 1 
vote and provide 1 member and 1 alternate. Committee decisions and 
actions will be made with consent of \3/4\ of all voting members. 
Additional necessary Committee procedures shall be developed as part of 
the comprehensive management plan.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as may be necessary 
to carry out this Act and paragraph (161) of section 3(a) of the Wild 
and Scenic Rivers Act (16 U.S.C. 1274(a)), as added by this Act.

  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 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 Bill

    The purpose of H.R. 2773 is to amend the Wild and Scenic 
Rivers Act to designate the Wekiva River and its tributaries of 
Rock Springs Run and Black Water Creek in the State of Florida 
as components of the national wild and scenic rivers system.

                  Background and Need for Legislation

    H.R. 2773 adds the Wekiva River in its entirety and other 
tributaries to the Wild and Scenic Rivers System. In 1996 
Congress passed Public Law 104-311 which directed the Secretary 
of the Interior to study the inclusion of these segments as 
wild and scenic rivers. The study concluded that the river 
segments totaling 41.6 miles are eligible and suitable for 
inclusion into the System. H.R. 2773 designates 14.9 miles of 
the Wekiva River, 8.8 miles of the Rock Springs Run, and 17.9 
miles of Black Water Creek as part of the Wild and Scenic 
Rivers System. Administration of the rivers will be done by the 
Secretary of the Interior in cooperation with the State of 
Florida and Lake, Orange and Seminole counties.
    H.R. 2773 also establishes the Wekiva River System Advisory 
Committee which will assist in the development of a 
comprehensive management plan for the river. The Advisory 
Committee will be comprised of a number of State, local, and 
private entities. The Advisory Committee will also provide 
input on proposed water projects which may have effects on the 
designated river segments.

                            Committee Action

    H.R. 2773 was introduced by Congressman Bill McCollum (R-
FL) on August 5, 1999. The bill was referred to the Committee 
on Resources and within the Committee to the Subcommittee on 
National Parks and Public Lands. On April 4, 2000, the 
Subcommittee held a hearing on the bill. On April 13, 2000, the 
Subcommittee met to consider the bill. An amendment was offered 
by Congressman Jim Hansen (R-UT) which provided for the 
inclusion of Wekiwa Springs Run as part of the designation and 
a provision allowing Seminole Creek to be designated as a Wild 
and Scenic River if found eligible and the owner of the segment 
supports the designation. The amendment was adopted by voice 
vote and the bill, as amended, was ordered favorably reported 
to the Full Committee by voice vote. On June 7, 2000, the Full 
Resources Committee met to consider the bill. An amendment was 
offered by Congressman Mark Souder (R-IN) which struck the 
provision authorizing the designation of Seminole Creek as part 
of the Wild and Scenic Rivers System. The amendment was adopted 
by voice vote. No further amendments were offered and the bill, 
as amended, was favorably reported to the House of 
Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 16, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2773, the Wekiva 
Wild and Scenic River Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2773--Wekiva Wild and Scenic River Act of 2000

    CBO estimates that implementing H.R. 2773 would not have a 
significant impact on the federal budget. Because the bill 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 2773 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, or tribal governments.
    H.R. 2773 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. The 
bill 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.
    On June 14, 2000, CBO transmitted a cost estimate for S. 
2352, the Wekiva Wild and Scenic River Designation Act, as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on June 7, 2000. The two bills are substantively the 
same, and the cost estimates are identical.
    The CBO staff contact is Megan Carroll. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt State, local, or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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 
wild and scenic rivers system:
  (1) Clearwater, Middle Fork, Idaho.--The Middle Fork from the 
town of Kooskia upstream to the town of Lowell; the Lochsa 
River from its junction with the Selway at Lowell forming the 
Middle Fork, upstream to the Powell Ranger Station; and the 
Selway River from Lowell upstream to its origin; to be 
administered by the Secretary of Agriculture.

           *       *       *       *       *       *       *

  (161) Wekiva River, Wekiwa Springs Run, Rock Springs Run, and 
Black Water Creek, Florida.--The 41.6-mile segments referred to 
in this paragraph, to be administered by the Secretary of the 
Interior:
          (A) Wekiva river and wekiwa springs run.--The 14.9 
        miles of the Wekiva River, along Wekiwa Springs Run 
        from its confluence with the St. Johns River to Wekiwa 
        Springs, to be administered in the following 
        classifications:
                  (i) From the confluence with the St. Johns 
                River to the southern boundary of the Lower 
                Wekiva River State Preserve, approximately 4.4 
                miles, as a wild river.
                  (ii) From the southern boundary of the Lower 
                Wekiva River State Preserve to the northern 
                boundary of Rock Springs State Reserve at the 
                Wekiva River, approximately 3.4 miles, as a 
                recreational river.
                  (iii) From the northern boundary of Rock 
                Springs State Reserve at the Wekiva River to 
                the southern boundary of Rock Springs State 
                Reserve at the Wekiva River, approximately 5.9 
                miles, as a wild river.
                  (iv) From the southern boundary of Rock 
                Springs State Reserve at the Wekiva River 
                upstream along Wekiwa Springs Run to Wekiwa 
                Springs, approximately 1.2 miles, as a 
                recreational river.
          (B) Rock springs run.--The 8.8 miles from the 
        confluence of Rock Springs Run with the Wekiwa Springs 
        Run forming the Wekiva River to its headwaters at Rock 
        Springs, to be administered in the following 
        classifications:
                  (i) From the confluence with Wekiwa Springs 
                Run to the western boundary of Rock Springs Run 
                State Reserve at Rock Springs Run, 
                approximately 6.9 miles, as a wild river.
                  (ii) From the western boundary of Rock 
                Springs Run State Reserve at Rock Springs Run 
                to Rock Springs, approximately 1.9 miles, as a 
                recreational river.
          (C) Black water creek.--The 17.9 miles from the 
        confluence of Black Water Creek with the Wekiva River 
        to outflow from Lake Norris, to be administered in the 
        following classifications:
                  (i) From the confluence with the Wekiva River 
                to approximately .25 mile downstream of the 
                Seminole State Forest road crossing, 
                approximately 4.1 miles, as a wild river.
                  (ii) From approximately .25 mile downstream 
                of the Seminole State Forest road to 
                approximately .25 mile upstream of the Seminole 
                State Forest road crossing, approximately .5 
                mile, as a scenic river.
                  (iii) From approximately .25 mile upstream of 
                the Seminole State Forest road crossing to 
                approximately .25 mile downstream of the old 
                railroad grade crossing (approximately River 
                Mile 9), approximately 4.4 miles, as a wild 
                river.
                  (iv) From approximately .25 mile downstream 
                of the old railroad grade crossing 
                (approximately River Mile 9), upstream to the 
                boundary of Seminole State Forest 
                (approximately River Mile 10.6), approximately 
                1.6 miles, as a scenic river.
                  (v) From the boundary of Seminole State 
                Forest (approximately River Mile 10.6) to 
                approximately .25 mile downstream of the State 
                Road 44 crossing, approximately .9 mile, as a 
                wild river.
                  (vi) From approximately .25 mile downstream 
                of State Road 44 to approximately .25 mile 
                upstream of the State Road 44A crossing, 
                approximately .6 mile, as a recreational river.
                  (vii) From approximately .25 mile upstream of 
                the State Road 44A crossing to approximately 
                .25 mile downstream of the Lake Norris Road 
                crossing, approximately 4.7 miles, as a wild 
                river.
                  (viii) From approximately .25 mile downstream 
                of the Lake Norris Road crossing to the outflow 
                from Lake Norris, approximately 1.1 miles, as a 
                recreational river.

           *       *       *       *       *       *       *

                                
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