II

Calendar No. 634

106TH CONGRESS

2D SESSION S. 2352

[Report No. 106–316]

To designate portions of the Wekiva River and associated tributaries as

a component of the National Wild and Scenic Rivers System.

IN THE SENATE OF THE UNITED STATES

APRIL 4, 2000

Mr. GRAHAM introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

JUNE 27, 2000

Reported by Mr. MURKOWSKI, with an amendment and an amendment to the

title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To designate portions of the Wekiva River and associated

tributaries as a component 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
3

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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, including—

6 (A) agencies and political subdivisions of

7 the State of Florida, including—

8 (i) the Department of Environmental

9 Protection of the State of Florida;

10 (ii) the Department of Transportation

11 of the State of Florida;

12 (iii) the East Central Florida Regional

13 Planning Council;

14 (iv) Orange County, Seminole County,

15 and Lake County, Florida;

16 (v) the Game and Fresh Water Fish

17 Commission of the State of Florida;

18 (vi) the St. Johns River Water Man19 agement District; and

20 (vii) the Seminole State Forest;

21 (B) nonprofit organizations, including—

22 (i) the organization known as Friends

23 of the Wekiva;

24 (ii) the Florida Trail Association;

25 (iii) the Nature Conservancy;
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1 (iv) the Florida Audubon Society;

2 (v) the Sierra Club; and

3 (vi) the Defenders of Wildlife;

4 (C) the Florida Sport Paddling Club;

5 (D) the University of Central Florida;

6 (E) adjacent landowners;

7 (F) neighboring city agencies; and

8 (G) State and county park concessionaires;

9 (4) the State of Florida has demonstrated a

10 commitment to protect the Wekiva River—

11 (A) by enacting Florida Statutes chapter

12 369, the Wekiva River Protection Act;

13 (B) by establishing a riparian habitat wild14 life protection zone and water quality protection

15 zone administered by the St. Johns River Water

16 Management District;

17 (C) by designating the Wekiva River as

18 outstanding Florida waters; and

19 (D) by acquiring State preserve, reserve,

20 and park land adjacent to the Wekiva River

21 and associated tributaries;

22 (5) Lake, Seminole, and Orange Counties, Flor23 ida, have demonstrated their commitment to protect

24 the Wekiva River and associated tributaries in the
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1 comprehensive land use plans and land development

2 regulations of those counties; and

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

4 Springs Run, and Black Water Creek described in

5 section 3, totaling approximately 41.6 miles, are in

6 public ownership, protected by conservation ease7 ments, or defined as waters of the State of Florida.

8 SEC. 3. DESIGNATION.

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

10 U.S.C. 1274(a)) is amended by adding at the end the fol11 lowing:

12 ‘‘(161) WEKIVA RIVER, ROCK SPRINGS RUN,

13 AND BLACK WATER CREEK, FLORIDA.—

14 ‘‘(A) DEFINITIONS.—In this paragraph:

15 ‘‘(i) COUNCIL.—The term ‘Council’

16 means the Wekiva River Coordinating

17 Council established under subparagraph

18 (D).

19 ‘‘(ii) PLAN.—The term ‘Plan’ means

20 the comprehensive management plan re21 quired to be developed under subsection

22 (d).

23 ‘‘(iii) SECRETARY.—The term ‘Sec24 retary’ means the Secretary of the Interior,
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1 acting in consultation with the Governor of

2 the State of Florida.

3 ‘‘(B) DESIGNATION.—The 45.5 miles of

4 river and tributary segments in Florida, as fol5 lows:

6 ‘‘(i) WEKIVA RIVER, FLORIDA.—The

7 14.9 miles of the Wekiva River, from its

8 confluence with the St. Johns River to

9 Wekiwa Springs, to be administered by the

10 Secretary in the following classifications:

11 ‘‘(I) From the confluence with

12 the St. Johns River to the southern

13 boundary of the Lower Wekiva River

14 State Preserve, approximately 4.4

15 miles, as a wild river.

16 ‘‘(II) From the southern bound17 ary of the Lower Wekiva River State

18 Preserve to the northern boundary of

19 Rock Springs Run State Reserve at

20 the Wekiva River, approximately 3.4

21 miles, as a recreational river.

22 ‘‘(III) From the northern bound23 ary of Rock Springs Run State Re24 serve at the Wekiva River to the

25 southern boundary of Rock Springs
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1 Run State Reserve at the Wekiva

2 River, approximately 5.9 miles, as a

3 wild river.

4 ‘‘(IV) From the southern bound5 ary of Rock Springs Run State Re6 serve at the Wekiva River upstream

7 along Wekiwa Springs Run to Wekiwa

8 Springs, approximately 1.2 miles, as a

9 recreational river.

10 ‘‘(ii) ROCK SPRINGS RUN, FLORIDA.—

11 The 8.8 miles of Rock Springs Run, from

12 its confluence with the Wekiwa Springs

13 Run to its headwaters at Rock Springs, to

14 be administered by the Secretary in the

15 following classifications:

16 ‘‘(I) From the confluence with

17 Wekiwa Springs Run to the western

18 boundary of Rock Springs Run State

19 Reserve at Rock Springs Run, ap20 proximately 6.9 miles, as a wild river.

21 ‘‘(II) From the western boundary

22 of Rock Springs Run State Reserve at

23 Rock Springs Run to Rock Springs,

24 approximately 1.9 miles, as a rec25 reational river.
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1 ‘‘(iii) BLACK WATER CREEK, FLOR2 IDA.—The 17.9 miles of Black Water

3 Creek from its confluence with the Wekiva

4 River to the outflow from Lake Norris, to

5 be administered by the Secretary in the

6 following classifications:

7 ‘‘(I) From the confluence with

8 the Wekiva River to approximately .25

9 mile downstream of the Seminole

10 State Forest road crossing, approxi11 mately 4.0 miles, as a wild river.

12 ‘‘(II) From approximately .25

13 mile downstream of the Seminole

14 State Forest road to approximately

15 .25 mile upstream of the Seminole

16 State Forest road crossing, approxi17 mately .5 mile, as a scenic river.

18 ‘‘(III) From approximately .25

19 mile upstream of the Seminole State

20 Forest road crossing to approximately

21 .25 mile downstream of the old rail22 road grade crossing (approximately

23 river mile 9), approximately 4.5 miles,

24 as a wild river.
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1 ‘‘(IV) From approximately .25

2 mile downstream of the old railroad

3 grade crossing (approximately river

4 mile 9) upstream to the boundary of

5 Seminole State Forest (approximately

6 river mile 10.6), approximately 1.6

7 miles, as a scenic river.

8 ‘‘(V) From the boundary of Sem9 inole State Forest (approximately

10 river mile 10.6) to approximately .25

11 mile downstream of the State Road

12 44 crossing, approximately .9 mile, as

13 a wild river.

14 ‘‘(VI) From approximately .25

15 mile downstream of State Road 44 to

16 approximately .25 mile upstream of

17 the State Road 44A crossing, approxi18 mately .5 mile, as a recreational river.

19 ‘‘(VII) From approximately .25

20 mile upstream of the State Road 44A

21 crossing to approximately .25 mile

22 downstream of the Lake Norris Road

23 crossing, approximately 4.8 miles, as

24 a wild river.
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1 ‘‘(VIII) From approximately .25

2 mile downstream of the Lake Norris

3 Road crossing to the outflow from

4 Lake Norris, approximately 1.1 miles,

5 as a recreational river.

6 ‘‘(iv) SEMINOLE CREEK, FLORIDA.—

7 The 3.9 miles of Seminole Creek from its

8 confluence with Black Water Creek to

9 Seminole Spring, to be administered by the

10 Secretary as a wild river.

11 ‘‘(C) ADMINISTRATION.—The segments

12 designated by subparagraph (B) shall be ad13 ministered by the Secretary as components of

14 the National Wild and Scenic Rivers System,

15 through written cooperative agreements with

16 the State of Florida under section 10(e) and in

17 accordance with subparagraph (E)(i)(I), except

18 that publicly owned land within the boundaries

19 of designated segments shall continue to be

20 managed by the agency or entity having juris21 diction over the land.

22 ‘‘(D) WEKIVA RIVER COORDINATING COUN23 CIL.—

24 ‘‘(i) ESTABLISHMENT.—The Secretary

25 shall establish the Wekiva River Coordi-
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1 nating Council, through the cooperative

2 agreements described in subparagraph

3 (E)(i)(I), to assist—

4 ‘‘(I) in the development of the

5 Plan; and

6 ‘‘(II) the Secretary in deter7 mining whether a proposed water re8 sources project would have a direct

9 and adverse effect on the values for

10 which the segments designated by

11 subparagraph (B) were included in

12 the National Wild and Scenic Rivers

13 System.

14 ‘‘(ii) COMPOSITION.—The Council

15 shall be composed of a representative of

16 each of—

17 ‘‘(I) the Department of the Inte18 rior (represented by the Director of

19 the National Park Service or a des20 ignee);

21 ‘‘(II) the East Central Florida

22 Regional Planning Council;

23 ‘‘(III) the Department of Envi24 ronmental Protection of the State of
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1 Florida, Division of Recreation and

2 Parks;

3 ‘‘(IV) the Department of Envi4 ronmental Protection of the State of

5 Florida, Wekiva River Aquatic Pre6 serve;

7 ‘‘(V) the Division of Forestry of

8 the Department of Agriculture and

9 Consumer Services of the State of

10 Florida;

11 ‘‘(VI) the Florida Audubon Soci12 ety;

13 ‘‘(VII) the nonprofit organization

14 known as Friends of the Wekiva, In15 corporated;

16 ‘‘(VIII) the Lake County Water

17 Authority;

18 ‘‘(IX) Lake County;

19 ‘‘(X) Orange County;

20 ‘‘(XI) Seminole County;

21 ‘‘(XII) the St. Johns River Water

22 Management District;

23 ‘‘(XIII) the Fish and Wildlife

24 Conservation Commission of the State

25 of Florida;
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1 ‘‘(XIV) the city of Altamonte

2 Springs, Florida;

3 ‘‘(XV) the city of Longwood,

4 Florida;

5 ‘‘(XVI) the city of Apopka, Flor6 ida;

7 ‘‘(XVII) the city of Mt. Plym8 outh, Florida;

9 ‘‘(XVIII) the Florida Farm Bu10 reau Federation;

11 ‘‘(XIX) the Florida Forestry As12 sociation;

13 ‘‘(XX) the Lake County Chamber

14 of Commerce;

15 ‘‘(XXI) the Orange County

16 Chamber of Commerce;

17 ‘‘(XXII) the Seminole County

18 Chamber of Commerce; and

19 ‘‘(XXIII) any other interested

20 party, by request to the Secretary and

21 with unanimous consent of the mem22 bers of the Council.

23 ‘‘(iii) APPOINTMENT OF MEMBERS.—

24 One representative and 1 alternate shall be
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1 appointed from each member agency, agen2 cy division, or organization as follows:

3 ‘‘(I) State agency representative,

4 by the head of the State agency.

5 ‘‘(II) Local government rep6 resentatives, by the respective gov7 erning bodies of the local govern8 ments.

9 ‘‘(III) Water management dis10 trict, by its Governing Board.

11 ‘‘(IV) Department of the Interior

12 representative, by the Secretary, act13 ing through the Southeast Regional

14 Director of the National Park Service.

15 ‘‘(V) East Central Florida Re16 gional Planning Council, by its Gov17 erning Board.

18 ‘‘(VI) Other entities and organi19 zations, by the respective governing

20 bodies of the entities and organiza21 tions.

22 ‘‘(iv) VOTES.—Each member agency,

23 governmental entity, or organization shall

24 have 1 vote.
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1 ‘‘(v) ADDITIONAL PROCEDURES.—The

2 Council shall develop and submit for the

3 approval of the Secretary any additional

4 procedures required to carry out the busi5 ness of the Council as part of the Plan.

6 ‘‘(vi) FREQUENCY OF MEETINGS.—

7 The Council shall meet at the call of the

8 Florida Department of Environmental Pro9 tection and the St. Johns River Water

10 Management District, in consultation with

11 the Secretary.

12 ‘‘(vii) ADVISORY ROLE.—The

13 Council—

14 ‘‘(I) shall serve the Secretary

15 only in an advisory capacity; and

16 ‘‘(II) shall not have regulatory or

17 land acquisition authority.

18 ‘‘(E) MANAGEMENT.—

19 ‘‘(i) FEDERAL ROLE.—

20 ‘‘(I) IN GENERAL.—The Sec21 retary, in accordance with sections

22 10(e) and 11(b)(1), shall enter into

23 written cooperative agreements with

24 the State of Florida and may enter

25 into written cooperative agreements
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1 with appropriate local political juris2 dictions, interested landowners, and

3 private organizations and individuals,

4 to provide for the long-term protec5 tion, preservation, and enhancement

6 of the river segments designated by

7 subparagraph (B).

8 ‘‘(II) COMPREHENSIVE MANAGE9 MENT PLAN.—The Secretary, in con10 sultation with the Department of En11 vironmental Protection of the State of

12 Florida, the St. Johns River Water

13 Management District, and the Coun14 cil, shall develop a comprehensive

15 management plan for the river seg16 ments designated by subparagraph

17 (B).

18 ‘‘(III) SUPPORT.—The Secretary

19 may provide technical assistance, staff

20 support, and funding to assist in the

21 development and implementation of

22 the Plan.

23 ‘‘(IV) REVIEW AND REPORT.—

24 The Secretary, in consultation with

25 the Department of Environmental
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1 Protection of the State of Florida, the

2 St. Johns River Water Management

3 District, and the Council, shall bienni4 ally review, and revise as necessary,

5 the Plan.

6 ‘‘(V) REPORT.—After each bien7 nial review described in subclause

8 (IV), the Secretary shall submit to the

9 Council on Resources of the House of

10 Representatives and the Council on

11 Energy and Natural Resources of the

12 Senate a report describing any devi13 ation from the Plan that could result

14 in any diminution of the values for

15 which a river segment was designated

16 by subparagraph (B).

17 ‘‘(ii) NO ADMINISTRATION.—Imple18 mentation of this paragraph through coop19 erative agreements as described in clause

20 (i)(I) shall not—

21 ‘‘(I) constitute or authorize Na22 tional Park Service administration of

23 the segments designated by subpara24 graph (B) for purposes of subsection

25 (d) or section 10(c); and
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1 ‘‘(II) shall not cause any segment

2 designated by subparagraph (B) to be

3 considered a unit of the National

4 Park System.

5 ‘‘(F) EFFECT OF DESIGNATION.—With re6 spect to the river segments designated as com7 ponents of the National Wild and Scenic Rivers

8 System under this paragraph, nothing in this

9 paragraph—

10 ‘‘(i) imposes or authorizes the adop11 tion of additional or more restrictive regu12 latory requirements;

13 ‘‘(ii) authorizes the denial of a permit

14 or the imposition of additional permit con15 ditions; or

16 ‘‘(iii) authorizes any governmental

17 agency to reduce or restrict the rights of

18 the owners of uplands adjacent to the des19 ignated river segments.

20 ‘‘(G) AUTHORIZATION OF APPROPRIA21 TIONS.—There are authorized to be appro22 priated such sums as are necessary to carry out

23 this paragraph.’’.
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Wekiva Wild and Scenic

3 River Designation Act’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) Public Law 104–311 authorized the study of

7 the Wekiva River and the associated tributaries of

8 Rock Springs Run and Seminole Creek (including

9 Wekiwa Springs Run and the tributary of Black

10 Water Creek that connects Seminole Creek to the

11 Wekiva River) for potential inclusion in the National

12 Wild and Scenic Rivers System;

13 (2) the study referred to in paragraph (1) deter14 mined that the Wekiva River and the associated trib15 utaries of Wekiwa Springs Run, Rock Springs Run,

16 Seminole Creek, and Black Water Creek downstream

17 of Lake Norris to the confluence with the Wekiva

18 River are eligible for inclusion in the National Wild

19 and Scenic Rivers System based on the free-flowing

20 condition and outstanding scenic, recreational, fish21 ery, wildlife, historic, cultural, and water quality val22 ues of those waterways;

23 (3) the public support for designation of the

24 Wekiva River as a component of the National Wild

25 and Scenic Rivers System has been demonstrated

26 through substantial attendance at public meetings,
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1 State and local agency support, and the support and

2 endorsement of designation by the Wekiva River

3 Basin Working Group that was established by the De4 partment of Environmental Protection of the State of

5 Florida and represents a broad cross section of State

6 and local agencies, landowners, environmentalists,

7 nonprofit organizations, and recreational users;

8 (4) the State of Florida has demonstrated a com9 mitment to protect the Wekiva River—

10 (A) by enacting Florida Statutes chapter

11 369, the Wekiva River Protection Act;

12 (B) by establishing a riparian habitat wild13 life protection zone and water quality protection

14 zone administered by the St. Johns River Water

15 Management District;

16 (C) by designating the Wekiva River as out17 standing Florida waters; and

18 (D) by acquiring State preserve, reserve,

19 and park land adjacent to the Wekiva River and

20 associated tributaries;

21 (5) Lake, Seminole, and Orange Counties, Flor22 ida, have demonstrated their commitment to protect

23 the Wekiva River and associated tributaries in the

24 comprehensive land use plans and land development

25 regulations of those counties; and
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1 (6) the segments of the Wekiva River, Rock

2 Springs Run, and Black Water Creek described in

3 section 3, totaling approximately 41.6 miles, are in

4 public ownership, protected by conservation ease5 ments, or defined as waters of the State of Florida.

6 SEC. 3. DESIGNATION.

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

8 U.S.C. 1274(a)) is amended by adding at the end the fol9 lowing:

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

11 ROCK SPRINGS RUN, AND BLACK WATER CREEK, FLOR12 IDA.—

13 ‘‘(A) The 41.6 miles of river tributary seg14 ments in Florida, as follows:

15 ‘‘(i) WEKIVA RIVER, FLORIDA.—The

16 14.9 miles of the Wekiva River, from its

17 confluence with the St. Johns River to

18 Wekiwa Springs, to be administered by the

19 Secretary in the following classifications:

20 ‘‘(I) From the confluence with the

21 St. Johns River to the southern bound22 ary of the Lower Wekiva River State

23 Preserve, approximately 4.4 miles, as a

24 wild river.
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1 ‘‘(II) From the southern boundary

2 of the Lower Wekiva River State Pre3 serve to the northern boundary of Rock

4 Springs Run State Reserve at the

5 Wekiva River, approximately 3.4

6 miles, as a recreational river.

7 ‘‘(III) From the northern bound8 ary of Rock Springs Run State Reserve

9 at the Wekiva River to the southern

10 boundary of Rock Springs Run State

11 Reserve at the Wekiva River, approxi12 mately 5.9 miles, as a wild river.

13 ‘‘(IV) From the southern bound14 ary of Rock Springs Run State Reserve

15 at the Wekiva River upstream along

16 Wekiwa Springs Run to Wekiwa

17 Springs, approximately 1.2 miles, as a

18 recreational river.

19 ‘‘(ii) ROCK SPRINGS RUN, FLORIDA.—

20 The 8.8 miles of Rock Springs Run, from

21 its confluence with the Wekiwa Springs

22 Run to its headwaters at Rock Springs, to

23 be administered by the Secretary in the fol24 lowing classifications:
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1 ‘‘(I) From the confluence with

2 Wekiwa Springs Run to the western

3 boundary of Rock Springs Run State

4 Reserve at Rock Springs Run, approxi5 mately 6.9 miles, as a wild river.

6 ‘‘(II) From the western boundary

7 of Rock Springs Run State Reserve at

8 Rock Springs Run to Rock Springs,

9 approximately 1.9 miles, as a rec10 reational river.

11 ‘‘(iii) BLACK WATER CREEK, FLOR12 IDA.—The 17.9 miles of Black Water Creek

13 from its confluence with the Wekiva River

14 to the outflow from Lake Norris, to be ad15 ministered by the Secretary in the following

16 classifications:

17 ‘‘(I) From the confluence with the

18 Wekiva River to approximately .25

19 mile downstream of the Seminole State

20 Forest road crossing, approximately

21 4.0 miles, as a wild river.

22 ‘‘(II) From approximately .25

23 mile downstream of the Seminole State

24 Forest road to approximately .25 mile

25 upstream of the Seminole State Forest
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1 road crossing, approximately .5 mile,

2 as a scenic river.

3 ‘‘(III) From approximately .25

4 mile upstream of the Seminole State

5 Forest road crossing to approximately

6 .25 mile downstream of the old rail7 road grade crossing (approximately

8 river mile 9), approximately 4.5 miles,

9 as a wild river.

10 ‘‘(IV) From approximately .25

11 mile downstream of the old railroad

12 grade crossing (approximately river

13 mile 9) upstream to the boundary of

14 Seminole State Forest (approximately

15 river mile 10.6), approximately 1.6

16 miles, as a scenic river.

17 ‘‘(V) From the boundary of Semi18 nole State Forest (approximately river

19 mile 10.6) to approximately .25 mile

20 downstream of the State Road 44

21 crossing, approximately .9 mile, as a

22 wild river.

23 ‘‘(VI) From approximately .25

24 mile downstream of State Road 44 to

25 approximately .25 mile upstream of
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1 the State Road 44A crossing, approxi2 mately .5 mile, as a recreational river.

3 ‘‘(VII) From approximately .25

4 mile upstream of the State Road 44A

5 crossing to approximately .25 mile

6 downstream of the Lake Norris Road

7 crossing, approximately 4.8 miles, as a

8 wild river.

9 ‘‘(VIII) From approximately .25

10 mile downstream of the Lake Norris

11 Road crossing to the outflow from Lake

12 Norris, approximately 1.1 miles, as a

13 recreational river.

14 SEC. 4. SPECIAL REQUIREMENTS APPLICABLE TO WEKIVA

15 RIVER AND TRIBUTARIES.

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

17 (1) COMMITTEE.—The term ‘‘Committee’’ means

18 the Wekiva River System Advisory Management Com19 mittee established pursuant to section 5.

20 (2) COMPREHENSIVE MANAGEMENT PLAN.—The

21 terms ‘‘comprehensive management plan’’ and ‘‘plan’’

22 mean the comprehensive management plan to be de23 veloped pursuant to section 3(d) of the Wild and Sce24 nic Rivers Act (16 U.S.C. 1274(d)).
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (4) WEKIVA RIVER SYSTEM.—The term ‘‘Wekiva

4 River system’’ means the segments of the Wekiva

5 River, Wekiwa Springs Run, Rock Springs Run, and

6 Black Water Creek in the State of Florida designated

7 as components of the National Wild and Scenic Riv8 ers System by paragraph (161) of section 3(a) of the

9 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), as

10 added by this Act.

11 (b) COOPERATIVE AGREEMENT.—

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

13 the long-term protection, preservation, and enhance14 ment of the Wekiva River system, the Secretary shall

15 offer to enter into cooperative agreements pursuant to

16 sections 10(c) and 11(b)(1) of the Wild and Scenic

17 Rivers Act (16 U.S.C. 1281(c), 1282(b)(1)) with the

18 State of Florida, appropriate local political jurisdic19 tions of the State, namely the counties of Lake, Or20 ange, and Seminole, and appropriate local planning

21 and environmental organizations.

22 (2) EFFECT OF AGREEMENT.—Administration

23 by the Secretary of the Wekiva River system through

24 the use of cooperative agreements shall not constitute

25 National Park Service administration of the Wekiva
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1 River system for purposes of section 10(c) of the Wild

2 and Scenic Rivers Act (10 U.S.C. 1281(c)) and shall

3 not cause the Wekiva River system to be considered as

4 a unit of the National Park System. Publicly owned

5 lands within the boundaries of the Wekiva River sys6 tem shall continue to be managed by the agency hav7 ing jurisdiction over the lands, in accordance with the

8 statutory authority and mission of the agency.

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

10 comprehensive management plan, the Secretary shall bien11 nially review compliance with the plan and shall promptly

12 report to the Committee on Resources of the United States

13 House of Representatives and the Committee on Energy and

14 Natural Resources of the United States Senate any devi15 ation from the plan that could result in any diminution

16 of the values for which the Wekiva River system was de17 signed as a component of the National Wild and Scenic

18 Rivers System.

19 (d) TECHNICAL ASSISTANCE AND OTHER SUPPORT.—

20 The Secretary may provide technical assistance, staff sup21 port, and funding to assist in the development and imple22 mentation of the comprehensive management plan.

23 (e) FUTURE DESIGNATION OF SEMINOLE CREEK.—If

24 the Secretary finds that Seminole Creek in the State of Flor25 ida, from its headwaters at Seminole Springs to its con-
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1 fluence with Black Water Creek, is eligible for designation

2 under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et

3 seq.), and the owner of the property through which Seminole

4 Creek runs notifies the Secretary of the owner’s support for

5 designation, the Secretary may designate that tributary as

6 an additional component of the National Wild and Scenic

7 Rivers System. The Secretary shall publish notice of the des8 ignation in the Federal Register, and the designation shall

9 become effective on the date of publication.

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

11 this section shall be construed to authorize funding for land

12 acquisition, facility development, or operations.

13 SEC. 5. WEKIVA RIVER SYSTEM ADVISORY MANAGEMENT

14 COMMITTEE.

15 (a) ESTABLISHMENT.—The Secretary shall establish

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

17 System Advisory Management Committee, to assist in the

18 development of the comprehensive management plan for the

19 Wekiva River system.

20 (b) MEMBERSHIP.—The Committee shall be composed

21 of a representative of each of the following agencies and or22 ganizations:

23 (1) The Department of the Interior, represented

24 by the Director of the National Park Service or the

25 Director’s designee.
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1 (2) The East Central Florida Regional Planning

2 Council.

3 (3) The Florida Department of Environmental

4 Protection, Division of Recreation and Parks.

5 (4) The Florida Department of Environmental

6 Protection, Wekiva River Aquatic Reserve.

7 (5) The Florida Department of Agriculture and

8 Consumer Services, Division of Forestry, Seminole

9 State Forest.

10 (6) The Florida Audobon Society.

11 (7) The nonprofit organization known as the

12 Friends of the Wekiva.

13 (8) The Lake County Water Authority.

14 (9) The Lake County Planning Department.

15 (10) The Orange County Parks and Recreation

16 Department, Kelly Park.

17 (11) The Seminole County Planning Depart18 ment.

19 (12) The St. Johns River Water Management

20 District.

21 (13) The Florida Fish and Wildlife Conservation

22 Commission.

23 (14) The City of Altamonte Springs.

24 (15) The City of Longwood.

25 (16) The City of Apopka.
30

S 2352 RS

1 (17) The Florida Farm Bureau Federation.

2 (18) The Florida Forestry Association.

3 (c) ADDITIONAL MEMBERS.—Other interested parties

4 may be added to the Committee by request to the Secretary

5 and unanimous consent of the existing members.

6 (d) APPOINTMENTS.—Representatives and alternates

7 to the Committee shall be appointed as follows:

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

9 the agency.

10 (2) County representatives, by the Board of

11 County Commissioners.

12 (3) Water management district, by the Gov13 erning Board.

14 (4) Department of the Interior representative, by

15 the Southeast Regional Director, National Park Serv16 ice.

17 (5) East Central Florida Regional Planning

18 Council, by Governing Board.

19 (6) Other organizations, by the Southeast Re20 gional Director, National Park Service.

21 (e) ROLE OF COMMITTEE.—The Committee shall assist

22 in the development of the comprehensive management plan

23 for the Wekiva River system and provide advice to the Sec24 retary in carrying out the management responsibilities of

25 the Secretary under this Act. The Committee shall have an
31

S 2352 RS

1 advisory role only, it will not have regulatory or land ac2 quisition authority.

3 (f) VOTING AND COMMITTEE PROCEDURES.—Each

4 member agency, agency division, or organization referred

5 to in subsection (b) shall have 1 vote and provide 1 member

6 and 1 alternate. Committee decisions and actions will be

made with the consent of 3 7 ⁄4 of all voting members. Addi8 tional necessary Committee procedures shall be developed

9 as part of the comprehensive management plan.

10 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated such sums as

12 may be necessary to carry out 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 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.’’.
Calendar No. 634

106TH CONGRESS

2D SESSION S. 2352

[Report No. 106–316]

A BILL

To designate portions of the Wekiva River and associated tributaries as a component of the National Wild and Scenic Rivers System.

JUNE 27, 2000

Reported with an amendment and an amendment to the

title