[House Report 106-739]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-739
======================================================================
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.
* * * * * * *