106TH CONGRESS

2D SESSION S. 2352

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Wekiva Wild and Sce5 nic River Designation Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) Public Law 104–311 authorized the study

4 of the Wekiva River and the associated tributaries of

5 Rock Springs Run and Seminole Creek (including

6 Wekiwa Springs Run and the tributary of Black

7 Water Creek that connects Seminole Creek to the

8 Wekiva River) for potential inclusion in the National

9 Wild and Scenic Rivers System;

10 (2) the study referred to in paragraph (1) de11 termined that the Wekiva River and the associated

12 tributaries of Wekiwa Springs Run, Rock Springs

13 Run, Seminole Creek, and Black Water Creek down14 stream of Lake Norris to the confluence with the

15 Wekiva River are eligible for inclusion in the Na16 tional Wild and Scenic Rivers System based on the

17 free-flowing condition and outstanding scenic, rec18 reational, fishery, wildlife, historic, cultural, and

19 water quality values of those waterways;

20 (3) the public support for designation of the

21 Wekiva River as a component of the National Wild

22 and Scenic Rivers System has been demonstrated

23 through substantial attendance at public meetings,

24 State and local agency support, and the support and

25 endorsement of designation by the Wekiva River

26 Basin Working Group that was established by the
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1 Department of Environmental Protection of the

2 State of Florida and represents a broad cross sec3 tion of State and local agencies, landowners, envi4 ronmentalists, nonprofit organizations, and rec5 reational users;

6 (4) the State of Florida has demonstrated a

7 commitment to protect the Wekiva River—

8 (A) by enacting Florida Statutes chapter

9 369, the Wekiva River Protection Act;

10 (B) by establishing a riparian habitat wild11 life protection zone and water quality protection

12 zone administered by the St. Johns River Water

13 Management District;

14 (C) by designating the Wekiva River as

15 outstanding Florida waters; and

16 (D) by acquiring State preserve, reserve,

17 and park land adjacent to the Wekiva River

18 and associated tributaries;

19 (5) Lake, Seminole, and Orange Counties, Flor20 ida, have demonstrated their commitment to protect

21 the Wekiva River and associated tributaries in the

22 comprehensive land use plans and land development

23 regulations of those counties; and

24 (6) the segments of the Wekiva River, Rock

25 Springs Run, and Black Water Creek described in
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1 section 3, totaling approximately 41.6 miles, are in

2 public ownership, protected by conservation ease3 ments, or defined as waters of the State of Florida.

4 SEC. 3. DESIGNATION.

5 Section 3(a) of the Wild and Scenic Rivers Act (16

6 U.S.C. 1274(a)) is amended by adding at the end the fol7 lowing:

8 ‘‘(162) WEKIVA RIVER, WEKIWA SPRINGS RUN,

9 ROCK SPRINGS RUN, AND BLACK WATER CREEK,

10 FLORIDA.—

11 ‘‘(A) The 41.6 miles of river and tributary

12 segments in Florida, as follows:

13 ‘‘(i) WEKIVA RIVER, FLORIDA.—The

14 14.9 miles of the Wekiva River, from its

15 confluence with the St. Johns River to

16 Wekiwa Springs, to be administered by the

17 Secretary of the Interior in the following

18 classifications:

19 ‘‘(I) From the confluence with

20 the St. Johns River to the southern

21 boundary of the Lower Wekiva River

22 State Preserve, approximately 4.4

23 miles, as a wild river.

24 ‘‘(II) From the southern bound25 ary of the Lower Wekiva River State
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1 Preserve to the northern boundary of

2 Rock Springs Run State Reserve at

3 the Wekiva River, approximately 3.4

4 miles, as a recreational river.

5 ‘‘(III) From the northern bound6 ary of Rock Springs Run State Re7 serve at the Wekiva River to the

8 southern boundary of Rock Springs

9 Run State Reserve at the Wekiva

10 River, approximately 5.9 miles, as a

11 wild river.

12 ‘‘(IV) From the southern bound13 ary of Rock Springs Run State Re14 serve at the Wekiva River upstream

15 along Wekiwa Springs Run to Wekiwa

16 Springs, approximately 1.2 miles, as a

17 recreational river.

18 ‘‘(ii) ROCK SPRINGS RUN, FLORIDA.—

19 The 8.8 miles of Rock Springs Run, from

20 its confluence with the Wekiwa Springs

21 Run to its headwaters at Rock Springs, to

22 be administered by the Secretary in the

23 following classifications:

24 ‘‘(I) From the confluence with

25 Wekiwa Springs Run to the western
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1 boundary of Rock Springs Run State

2 Reserve at Rock Springs Run, ap3 proximately 6.9 miles, as a wild river.

4 ‘‘(II) From the western boundary

5 of Rock Springs Run State Reserve at

6 Rock Springs Run to Rock Springs,

7 approximately 1.9 miles, as a rec8 reational river.

9 ‘‘(iii) BLACK WATER CREEK, FLOR10 IDA.—The 17.9 miles of Black Water

11 Creek from its confluence with the Wekiva

12 River to the outflow from Lake Norris, to

13 be administered by the Secretary in the

14 following classifications:

15 ‘‘(I) From the confluence with

16 the Wekiva River to approximately .25

17 mile downstream of the Seminole

18 State Forest road crossing, approxi19 mately 4.0 miles, as a wild river.

20 ‘‘(II) From approximately .25

21 mile downstream of the Seminole

22 State Forest road to approximately

23 .25 mile upstream of the Seminole

24 State Forest road crossing, approxi25 mately .5 mile, as a scenic river.
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1 ‘‘(III) From approximately .25

2 mile upstream of the Seminole State

3 Forest road crossing to approximately

4 .25 mile downstream of the old rail5 road grade crossing (approximately

6 river mile 9), approximately 4.5 miles,

7 as a wild river.

8 ‘‘(IV) From approximately .25

9 mile downstream of the old railroad

10 grade crossing (approximately river

11 mile 9) upstream to the boundary of

12 Seminole State Forest (approximately

13 river mile 10.6), approximately 1.6

14 miles, as a scenic river.

15 ‘‘(V) From the boundary of Sem16 inole State Forest (approximately

17 river mile 10.6) to approximately .25

18 mile downstream of the State Road

19 44 crossing, approximately .9 mile, as

20 a wild river.

21 ‘‘(VI) From approximately .25

22 mile downstream of State Road 44 to

23 approximately .25 mile upstream of

24 the State Road 44A crossing, approxi25 mately .5 mile, as a recreational river.
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1 ‘‘(VII) From approximately .25

2 mile upstream of the State Road 44A

3 crossing to approximately .25 mile

4 downstream of the Lake Norris Road

5 crossing, approximately 4.8 miles, as

6 a wild river.

7 ‘‘(VIII) From approximately .25

8 mile downstream of the Lake Norris

9 Road crossing to the outflow from

10 Lake Norris, approximately 1.1 miles,

11 as a recreational river.

12 SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA

13 RIVER AND TRIBUTARIES.

14 (a) DEFINITIONS.—As used in this Act:

15 (1) COMMITTEE.—The term ‘‘Committee’’

16 means the Wekiva River System Advisory Manage17 ment Committee established pursuant to section 5.

18 (2) COMPREHENSIVE MANAGEMENT PLAN.—

19 The terms ‘‘comprehensive management plan’’ and

20 ‘‘plan’’ mean the comprehensive management plan to

21 be developed pursuant to section 3(d) of the Wild

22 and Scenic Rivers Act (16 U.S.C. 1274(d)).

23 (3) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.
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1 (4) WEKIVA RIVER SYSTEM.—The term

2 ‘‘Wekiva River system’’ means the segments of the

3 Wekiva River, Wekiwa Springs Run, Rock Springs

4 Run, and Black Water Creek in the State of Florida

5 designated as components of the National Wild and

6 Scenic Rivers System by paragraph (161) of section

7 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.

8 1274(a)), as added by this Act.

9 (b) COOPERATIVE AGREEMENT.—

10 (1) USE AUTHORIZED.—In order to provide for

11 the long-term protection, preservation, and enhance12 ment of the Wekiva River system, the Secretary

13 shall offer to enter into cooperative agreements pur14 suant to sections 10(c) and 11(b)(1) of the Wild and

15 Scenic Rivers Act (16 U.S.C. 1281(c), 1282(b)(1))

16 with the State of Florida, appropriate local political

17 jurisdictions of the State, namely the counties of

18 Lake, Orange, and Seminole, and appropriate local

19 planning and environmental organizations.

20 (2) EFFECT OF AGREEMENT.—Administration

21 by the Secretary of the Wekiva River system

22 through the use of cooperative agreements shall not

23 constitute National Park Service administration of

24 the Wekiva River system for purposes of section

25 10(c) of the Wild and Scenic Rivers Act (10 U.S.C.
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1 1281(c)) and shall not cause the Wekiva River sys2 tem to be considered as a unit of the National Park

3 System. Publicly owned lands within the boundaries

4 of the Wekiva River system shall continue to be

5 managed by the agency having jurisdiction over the

6 lands, in accordance with the statutory authority

7 and mission of the agency.

8 (c) COMPLIANCE REVIEW.—After completion of the

9 comprehensive management plan, the Secretary shall bien10 nially review compliance with the plan and shall promptly

11 report to the Committee on Resources of the United

12 States House of Representatives and the Committee on

13 Energy and Natural Resources of the United States Sen14 ate any deviation from the plan that could result in any

15 diminution of the values for which the Wekiva River sys16 tem was designated as a component of the National Wild

17 and Scenic Rivers System.

18 (d) TECHNICAL ASSISTANCE AND OTHER SUP19 PORT.—The Secretary may provide technical assistance,

20 staff support, and funding to assist in the development

21 and implementation of the comprehensive management

22 plan.

23 (e) FUTURE DESIGNATION OF SEMINOLE CREEK.—

24 If the Secretary finds that Seminole Creek in the State

25 of Florida, from its headwaters at Seminole Springs to
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1 its confluence with Black Water Creek, is eligible for des2 ignation under the Wild and Scenic Rivers Act (16 U.S.C.

3 1271 et seq.), and the owner of the property through

4 which Seminole Creek runs notifies the Secretary of the

5 owner’s support for designation, the Secretary may des6 ignate that tributary as an additional component of the

7 National Wild and Scenic Rivers System. The Secretary

8 shall publish notice of the designation in the Federal Reg9 ister, and the designation shall become effective on the

10 date of publication.

11 (f) LIMITATION ON FEDERAL SUPPORT.—Nothing in

12 this section shall be construed to authorize funding for

13 land acquisition, facility development, or operations.

14 SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT

15 COMMITTEE.

16 (a) ESTABLISHMENT.—The Secretary shall establish

17 an advisory committee, to be known as the Wekiva River

18 System Advisory Management Committee, to assist in the

19 development of the comprehensive management plan for

20 the Wekiva River system.

21 (b) MEMBERSHIP.—The Committee shall be com22 posed of a representative of each of the following agencies

23 and organizations:
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1 (1) The Department of the Interior, rep2 resented by the Director of the National Park Serv3 ice or the Director’s designee.

4 (2) The East Central Florida Regional Plan5 ning Council.

6 (3) The Florida Department of Environmental

7 Protection, Division of Recreation and Parks.

8 (4) The Florida Department of Environmental

9 Protection, Wekiva River Aquatic Reserve.

10 (5) The Florida Department of Agriculture and

11 Consumer Services, Division of Forestry, Seminole

12 State Forest.

13 (6) The Florida Audobon Society.

14 (7) The nonprofit organization known as the

15 Friends of the Wekiva.

16 (8) The Lake County Water Authority.

17 (9) The Lake County Planning Department.

18 (10) The Orange County Parks and Recreation

19 Department, Kelly Park.

20 (11) The Seminole County Planning Depart21 ment.

22 (12) The St. Johns River Water Management

23 District.

24 (13) The Florida Fish and Wildlife Conserva25 tion Commission.
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1 (14) The City of Altamonte Springs.

2 (15) The City of Longwood.

3 (16) The City of Apopka.

4 (17) The Florida Farm Bureau Federation.

5 (18) The Florida Forestry Association.

6 (c) ADDITIONAL MEMBERS.—Other interested par7 ties may be added to the Committee by request to the Sec8 retary and unanimous consent of the existing members.

9 (d) APPOINTMENTS.—Representatives and alternates

10 to the Committee shall be appointed as follows:

11 (1) State agency representatives, by the head of

12 the agency.

13 (2) County representatives, by the Board of

14 County Commissioners.

15 (3) Water management district, by the Gov16 erning Board.

17 (4) Department of the Interior representative,

18 by the Southeast Regional Director, National Park

19 Service.

20 (5) East Central Florida Regional Planning

21 Council, by Governing Board.

22 (6) Other organizations, by the Southeast Re23 gional Director, National Park Service.

24 (e) ROLE OF COMMITTEE.—The Committee shall as25 sist in the development of the comprehensive management
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1 plan for the Wekiva River system and provide advice to

2 the Secretary in carrying out the management responsibil3 ities of the Secretary under this Act. The Committee shall

4 have an advisory role only, it will not have regulatory or

5 land acquisition authority.

6 (f) VOTING AND COMMITTEE PROCEDURES.—Each

7 member agency, agency division, or organization referred

8 to in subsection (b) shall have one vote and provide one

9 member and one alternate. Committee decisions and actions will be made with the consent of 3 10 ⁄4 of all voting

11 members. Additional necessary Committee procedures

12 shall be developed as part of the comprehensive manage13 ment plan.

14 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

15 There are authorized to be appropriated such sums

16 as may be necessary to carry out this Act.

Passed the Senate July 27, 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 2352

AN ACT

To amend the Wild and Scenic Rivers Act to designate the Wekiva River and its tributaries of

Wekiwa Springs Run, Rock Springs Run, andBlack Water Creek in the State of Florida ascomponents of the National Wild and Scenic Rivers System.