[House Report 107-409]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-409

======================================================================



 
            CARIBBEAN NATIONAL FOREST WILDERNESS ACT OF 2002

                                _______
                                

 April 16, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3955]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3955) to designate certain National Forest System lands 
in the Commonwealth of Puerto Rico as components of the 
National Wilderness Preservation System, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Caribbean National Forest Wilderness 
Act of 2002''.

SEC. 2. WILDERNESS DESIGNATION, CARIBBEAN NATIONAL FOREST, PUERTO RICO.

  (a) El Toro Wilderness.--In furtherance of the purposes of the 
Wilderness Act (16 U.S.C. 113 et seq.), the approximately 10,000 acres 
of land in the Caribbean National Forest/Luquillo Experimental Forest 
in the Commonwealth of Puerto Rico that were proposed for wilderness 
classification in the revised land and resource management plan for the 
Caribbean National Forest/Luquillo Experimental Forest, approved April 
17, 1997, are hereby designated as wilderness and, therefore, as a 
component of the National Wilderness Preservation System. The 
designated lands shall be known as the El Toro Wilderness.
  (b) Wilderness Boundaries.--The El Toro Wilderness shall consist of 
those lands that were proposed for wilderness classification in the 
management plan referred to in subsection (a), except that the 
Secretary of Agriculture shall locate the boundaries of the wilderness 
area so that existing municipal water intakes will not be within the 
wilderness boundaries and the boundaries shall be located at least 600 
feet west of Highway PR 191 from Kilometer 6.5 to Kilometer 12.0.
  (c) Map and Description.--
          (1) Preparation and submission.--As soon as practicable after 
        the date of the enactment of this Act, the Secretary of 
        Agriculture shall prepare a map and a boundary description of 
        the El Toro Wilderness and submit the map and boundary 
        description to the Committee on Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate. The map and boundary description shall 
        be on file and available for public inspection in the office of 
        the Chief of the Forest Service.
          (2) Treatment.--The map and boundary description prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act. The Secretary may correct clerical and 
        typographical errors in the map and description.
  (d) Administration.--Subject to valid existing rights, the Secretary 
of Agriculture shall administer the El Toro Wilderness in accordance 
with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act. With 
respect to the El Toro Wilderness, any reference in the Wilderness Act 
to the effective date of the Wilderness Act shall be deemed to be a 
reference to the date of the enactment of this Act.
  (e) Special Management Considerations.--Designation of the El Toro 
Wilderness, and the applicability of the Wilderness Act to the 
wilderness area, shall not be construed to prevent any of the following 
activities, subject to such conditions as the Secretary of Agriculture 
considers desirable, within the boundaries of the wilderness area:
          (1) Installation and maintenance of hydrologic, 
        meteorological, climatological, or atmospheric data collection 
        and transmission facilities, or any combination of such 
        facilities, when the Secretary determines that--
                  (A) such facilities are essential to the scientific 
                research purposes of the Luquillo Experimental Forest; 
                and
                  (B) the scale and scope of the facility development 
                are not detrimental to the wilderness characteristics 
                of the wilderness area.
          (2) Construction and maintenance of nesting structures, 
        observation blinds, and population monitoring platforms for 
        threatened and endangered species.
          (3) Construction and maintenance of trails to such facilities 
        as necessary for research purposes and for the recovery of 
        threatened and endangered species.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3955 is to designate certain National 
Forest System lands in the Commonwealth of Puerto Rico as 
components of the National Wilderness Preservation System, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3955, the Caribbean National Forest Wilderness Act of 
2002, would designate approximately 10,000 acres of land in the 
Caribbean National Forest/Luquillo Experimental Forest (CNF/
LEF) in the Commonwealth of Puerto Rico as a federally 
designated wilderness area to be known as the ``El Toro 
Wilderness.''
    Lands designated under this act are some of the most 
pristine lands of the CNF, and include habitat of rare wildlife 
species such as the Puerto Rican Parrot, Puerto Rican Boa, the 
Puerto Rican Sharp-shinned Hawk, and the Puerto Rican Broad-
winged Hawk. Several species of bats are common to the area, 
and 77 species of birds are present. Snails, crabs, fresh water 
shrimp and 7 species of fish are found in the streams. 
Vegetation is made up of a dense, mixed evergreen forest of 
over 200 native tree species.
    Views over the forest present a mosaic of emerald colors 
and crowned tree shapes, and 3 major rivers descend over 
spectacular falls and through jagged canyons. The CNF is the 
only tropical rain forest within the U.S. National Forest 
System. The average rainfall ranges from 225 cm at low 
elevations to 460 cm at elevations 1000 meters above sea level.
    These lands were originally proclaimed as a forest reserve 
while under Spanish rule in 1876, and surrounding acreage was 
subsequently added to these so called ``Crown Lands'' by the 
Forest Service starting in 1931. These lands were proposed for 
Wilderness classification in the revised land and resource 
management plan for the CNF approved by the U.S. Forest Service 
on April 17, 1997.
    H.R. 3955 authorizes non-conforming uses within the 
proposed wilderness area, including the construction of 
facilities for wildlife recovery, viewing and other related 
purposes. Within its boundaries are five miles of 
administrative trails and six miles of unpaved recreational 
trails including the El Toro National Trail and the Trade Winds 
National Trail.

                            COMMITTEE ACTION

    H.R. 3955 was introduced on March 13, 2002 by Congressman 
Anibal Acevedo-Vila (D-PR), and was referred to the Committee 
on Resources. On March 15, 2002, the bill was referred within 
the Committee to the Subcommittee on Forests and Forest Health. 
On March 20, 2002, the Full Committee met to mark up the bill, 
and the Subcommittee was discharged from further consideration 
of the bill by unanimous consent. An amendment was offered by 
Mr. Acevedo-Vila to clarify the facilities which may be 
installed within the wilderness area, which was agreed to by 
unanimous consent. No further amendments were offered and the 
bill, as amended, was then ordered favorably reported to the 
House of Representatives by unanimous consent.

            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.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant 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. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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, April 3, 2002.
Hon. James V. Hansen,
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. 3955, the 
Caribbean National Forest Wilderness Act of 2002.
    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. 3955--Caribbean National Forest Wilderness Act of 2002

    CBO estimates that enacting H.R. 3955 would have no 
significant impact on the federal budget. The bill would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 3955 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    H.R. 3955 would designate as wilderness approximately 
10,000 acres of lands within the Caribbean National Forest/
Luquillo Experimental Forest, located in Puerto Rico. Based on 
information from the Forest Service, CBO estimates that the 
agency's costs to manage lands within the proposed wilderness 
would increase by about $35,000 a year, assuming appropriation 
of the necessary amounts. According to the agency, the affected 
lands currently generate no receipts, and the agency does not 
expect the lands to generate significant receipts over the next 
10 years; hence, we estimate that designating those lands as 
wilderness would not affect offsetting receipts.
    The CBO staff contact for this estimate 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 any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

          ADDITIONAL VIEWS OF CONGRESSMAN ANIBAL ACEVEDO-VILA

    I first want to thank Chairman James Hansen, Ranking Member 
Nick Rahall, Subcommittee Chairman Scott McInnis and 
Subcommittee Ranking Member Jay Inslee, and all of my 
colleagues who have cosponsored this legislation. The Caribbean 
National Forest Wilderness Act of 2002 (H.R. 3955) designates 
10,000 acres of land in the Caribbean National Forest/Luquillo 
Experimental Forest (CNF/LEF) in the Commonwealth of Puerto 
Rico. These lands were proposed for Wilderness classification 
in the revised land and resource management plan for the CNF/
LEF, approved April 17, 1997. The designated lands shall be 
known as El Toro Wilderness.
    The 10,000 acres of land to be designated ``El Toro 
Wilderness'' under this act make up some of the most pristine 
lands of the Caribbean National Forest (CNF), lands that are 
steeped in history. These lands were proclaimed as a forest 
reserve under Spain in 1876, and surrounding acreage was 
subsequently added to these so called ``Crown Lands'' by the 
Forest Service starting in 1931.
    I introduced this legislation to forever protect these 
lands for generations to come. I have received unanimous local 
support for this proposal and ask my colleagues on the 
Committee to support the bill.
    The lands have been considered for wilderness in the past, 
but unfortunately no congressional designation has resulted. In 
1966, the Forest Service proposed 6,200-acre wilderness within 
an inventory area of 8,500 acres. In 1979, a 9,700-acre area 
was recommended for wilderness designation under the Forest 
Service RARE II process. In 1986, 5,300 acres were recommended 
for wilderness further study and designation. All such 
recommendations involved lands within the proposed El Toro 
Wilderness.
    The El Toro Wilderness area is located in the western half 
of the CNF. El Toro peak, the highest point in the CNF, is 
within these lands. The CNF is the only tropical rain forest 
within the U.S. National Forest System. The average rainfall 
ranges from 225 cm at low elevations to 460 cm at elevations 
1000 meters above sea level.
    Visitors cherish the solitude and serenity of these lands. 
The area offers adventure and opportunity to be amongst nature 
in a rare and beautiful state. Most of the area offers a high 
degree of solitude to the visitor. The natural integrity of 
these areas is very high. The scenery is spectacular and the 
grandeur of tropical vegetation can be appreciated from peaks 
both within and outside the area.
    There are endangered and rare plant species in the area, as 
well as endangered wildlife including the Puerto Rican Parrot, 
Puerto Rican Boa, the Puerto Rican Sharpshinned Hawk, and the 
Puerto Rican Broad-winged Hawk. The parrot occurs nowhere else 
in the world but in the forest, and nests in the area.
    Enactment of this legislation will help secure and protect 
this wilderness area for nearly 4 million Puerto Ricans and the 
hundreds of thousands of tourists who visit Puerto Rico 
annually. Furthermore, wilderness designation in CNF would 
create the only tropical forest wilderness in the U.S. National 
Forest System, and would be the only U.S. wilderness outside 
Hawaii that encompasses a tropical forest ecosystem.
    I greatly appreciate the support given to this legislation 
by the Resources Committee leadership and staff. The enactment 
of the Caribbean National Forest Wilderness Act of 2002 will 
protect the cherished lands known as El Toro Wilderness for 
generations to come.

                                               Anibal Acevedo-Vila.

                                
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