[House Report 107-441]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-441

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



 
      CARIBBEAN NATIONAL FOREST WILD AND SCENIC RIVERS ACT OF 2002

                                _______
                                

  May 7, 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. 3954]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3954) to designate certain waterways in the Caribbean 
National Forest in the Commonwealth of Puerto Rico as 
components of the National Wild and Scenic Rivers 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 Wild and 
Scenic Rivers Act of 2002''.

SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, CARIBBEAN NATIONAL FOREST, 
                    PUERTO RICO.

    (a) Findings.--The Congress finds the following:
          (1) In the revised land and resource management plan for the 
        Caribbean National Forest/Luquillo Experimental Forest, 
        approved April 17, 1997, and the environmental impact statement 
        prepared as part of the plan, the Secretary of Agriculture 
        examined the suitability of rivers within the Caribbean 
        National Forest/Luquillo Experimental Forest for inclusion in 
        the National Wild and Scenic Rivers System.
          (2) Based on such examination, the Rio Icacos, Rio Mameyes, 
        and Rio de La Mina were found to be free flowing waterways and 
        to possess outstandingly remarkable scenic, recreational, 
        geological, hydrological, biological, historical, and cultural 
        values, and, therefore, to qualify for addition to the National 
        Wild and Scenic Rivers System.
    (b) Designations.--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:
    ``(____) Rivers of Caribbean National Forest, Puerto Rico.--
          ``(A) Rio mameyes.--The segment of approximately 4.5 miles 
        from its headwaters in the Bano de Oro Research Natural Area to 
        the boundary of the Caribbean National Forest, to be 
        administered by the Secretary of Agriculture as follows:
                  ``(i) As a wild river from its headwaters in the Bano 
                de Oro Research Natural Area to the crossing point of 
                Trail No. 24/11 (approximately 500 feet upstream from 
                the confluence with the Rio de La Mina), a total of 
                approximately 2.1 miles.
                  ``(ii) As a scenic river from the crossing point of 
                Trail No. 24/11 to the access point of Trail No. 7, a 
                total of approximately 1.4 miles.
                  ``(iii) As a recreational river from the access point 
                of Trail No. 7 to the national forest boundary, a total 
                of approximately 1.0 miles.
          ``(B) Rio de la mina.--The segment of approximately 2.1 miles 
        from its headwaters to its confluence with the Rio Mameyes, to 
        be administered by the Secretary of Agriculture as follows:
                  ``(i) As a recreational river from its headwaters in 
                the El Yunque Recreation Area downstream to La Mina 
                Falls, a total of approximately 0.9 miles.
                  ``(ii) As a scenic river from La Mina falls 
                downstream to its confluence with the Rio Mameyes, a 
                total of approximately 1.2 miles.
          ``(C) Rio icacos.--The segment of approximately 2.3 miles 
        from its headwaters to the boundary of the Caribbean National 
        Forest, to be administered by the Secretary of Agriculture as a 
        scenic river.''.
    (c) Special Management Considerations.--
          (1) Certain permitted activities.--Subject to paragraph (2), 
        the amendment made by the subsection (b) and the applicability 
        of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to 
        the river segments added to the National Wild and Scenic Rivers 
        System by the amendment shall not be construed to prevent any 
        of the following activities within the boundaries of the river 
        segments:
                  (A) Installation and maintenance of hydrologic, 
                meteorological, climatological, or atmospheric data 
                collection and transmission facilities, or any 
                combination of such facilities, when the Secretary of 
                Agriculture determines that such facilities are 
                essential to the scientific research purposes of the 
                Luquillo Experimental Forest.
                  (B) Construction and maintenance of nesting 
                structures, observation blinds, and population 
                monitoring platforms for threatened and endangered 
                species.
                  (C) Construction and maintenance of trails to such 
                facilities as necessary for research purposes and for 
                the recovery of threatened and endangered species.
          (2) Conditions.--The activities authorized by paragraph (1) 
        shall be subject to such conditions as the Secretary considers 
        desirable. The Secretary shall ensure that the scale and scope 
        of such activities within the boundaries of a river segment 
        added to the National Wild and Scenic Rivers System by the 
        amendment made by the subsection (b) are not detrimental to the 
        characteristics of the river segment that merited its 
        designation as a wild, scenic, or recreational river.
    (d) Preservation of Commonwealth Authority.--Nothing in this 
section or the amendment made by this section shall be construed to 
limit the authority of the Commonwealth of Puerto Rico over waters and 
natural channels of public domain pursuant to the laws of the 
Commonwealth of Puerto Rico.

                          Purpose of the Bill

    The purpose of H.R. 3954 is to designate certain waterways 
in the Caribbean National Forest in the Commonwealth of Puerto 
Rico as components of the National Wild and Scenic Rivers 
System, and for other purposes.

                  Background and Need for Legislation

    The National Wild and Scenic Rivers Act of 1968 (16 U.S.C. 
1271 et seq.) established three river classes: (1) wild rivers, 
free from impoundments (dams, diversions, etc.), generally 
inaccessible except by trail, with generally primitive water-
sheds and undeveloped shorelines; (2) scenic rivers, free from 
impoundments in generally undeveloped areas, but accessible in 
places by roads; and (3) recreational rivers, readily 
accessible by road, with some shoreline development and 
possibly some impoundment or diversion in the past. To date, 
155 rivers totaling 10,896 miles have been included in the 
National Wild and Scenic Rivers System.
    The principal protection of the wild and scenic river 
designation is the prohibition of water resource projects which 
may divert or hinder the flow of the river. Management of 
permitted use varies with the class of the designated river. 
Congress directed the federal agencies which oversee the 
designated rivers to protect and enhance the values that led to 
the designation, but also specified that most other land uses 
not be limited unless they ``substantially interfere with 
public use and enjoyment of these values.'' Road building, 
hunting, fishing, and mining and mineral leasing may be 
permitted in some instances, depending on the classification 
and whether the activities are consistent with the values of 
the area being protected and with other state and federal laws.
    In the revised land and resource management plan for the 
Caribbean National Forest/Luquillo Experimental Forest, 
approved April 17, 1997, and the environmental impact statement 
prepared as part of the plan, the Secretary of Agriculture 
examined the suitability of rivers within the Caribbean 
National Forest/Luquillo Experimental Forest for inclusion in 
the National Wild and Scenic Rivers System. Based on this 
examination, Rio Mameyes, the Rio de La Mina, and Rio Icacos 
were found to be free flowing waterways and to possess 
outstandingly remarkable scenic, recreational, geological, 
hydrological, biological, historical, and cultural values, and, 
therefore, to qualify for addition to the National Wild and 
Scenic Rivers System.
    The area being considered under this legislation for the 
Rio Mameyes runs for 4.5 miles and is judged as eligible as a 
wild, scenic, pr recreational river in parts based on its 
outstanding scenic, biological and recreation values. This 
portion of the river, from its headwaters to the confluence 
with the Rio de la Mina, is remote and isolated. The stream 
course consists of a mass of boulders, and numerous small 
waterfalls and pools. Below the confluence with the La Mina, 
the Rio Mameyes enters a narrow, very scenic gorge of about one 
mile in length. Along this gorge run the Carrillo and La Coca 
Trails. Along the Mameyes, at the Puento Roto crossing, lies 
the most popular water play area in the Caribbean National 
Forest (CNF).
    The Rio Mameyes watershed covers nearly 7 square miles 
within the CNF, or 10.4% of the Forest. Water quality is 
optimum, since the entire corridor is located within the Bano 
do Oro Natural Area, and no development exists. Due to steep 
slopes, no significant flood plains occur. The Rio Mameyes 
provides important habitat for the Puerto Rican Parrot and 
Puerto Rican Boa, both endangered species. The Mameyes system 
boasts the highest natural aquatic diversity and species 
richness of any CNF watershed.
    The Rio de la Mina segment being considered runs 2.1 miles 
from its confluence with the Rio Mameyes to its headwaters 
located east of PR 191. This river is judged as eligible based 
on its outstanding scenic, recreation, biological and historic 
values. The river is strewn with boulders of various sizes 
which form rapids, small waterfalls, and frequent pools. La 
Mina Falls, a spectacular attraction, is within this area. As 
part of the Rio Mameyes watershed, the Rio de la Mina covers an 
area of 2.7 square miles or 6.1% of the CNF. Water quality is 
good, affected somewhat by nearby picnic areas. Because of 
steep grades and a dense network of ephemeral channels, no 
significant flood plains are found. Endangered animal and plant 
species are found along this segment.
    The Rio Icacos segment being considered as a scenic river 
runs for 2.3 miles from the confluence with the Rio Cubuy to 
its headwaters \1/2\ mile from the gate on PR 191. The river is 
judged as eligible based on its outstanding scenic, historical 
and cultural values, and ecological values. The Rio Icacos has 
some of the most varied terrain of any of the CNF's rivers. The 
upper stream exhibits a unique sandy bed due to its granodirite 
origin in this upper, flatter section. Contrasting with this 
area is the lower segment, which is similar to other rivers in 
the forest with a steep gradient, boulders, and rapids. The 
palm forest type is very conspicuous along the bank, more so 
than any other major river on the CNF lands. Water quality is 
high within the area, and this river provides great enjoyment 
to the visitors to the CNF. Numerous endangered animal and 
plant species exist along the proposed segment. The low 
gradient upper segment provides a unique and rich environment 
to the CNF.

                            Committee Action

    H.R. 3954 was introduced on March 13, 2002, by Congressman 
Anibal Acevedo-Vila (D-PR). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Forests and Forest Health. On April 10, 2002, 
the Subcommittee held a hearing on the bill. On April 24, 2002, 
the Full Resources Committee met to consider the bill. The 
Subcommittee was discharged from further consideration of the 
bill by unanimous consent. Mr. Acevedo-Vila offered a technical 
amendment to clarify the implementation of the bill and the 
availability of maps to conform with Wild and Scenic Rivers Act 
procedures. It was adopted by voice vote. The bill as amended 
was then ordered 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.

                   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, May 6, 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. 3954, the 
Caribbean National Forest Wild and Scenic Rivers 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. 3954--Caribbean National Forest Wild and Scenic Rivers Act of 2002

    CBO estimates that H.R. 3954 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. This bill contains no intergovernmental or private-
sector mandates as defined by the Unfunded Mandates Reform Act 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    H.R. 3954 would designate certain segments of three rivers 
in the Caribbean National Forest/Luquillo Experimental Forest 
as wild, scenic, and recreational rivers under the Wild and 
Scenic Rivers Act. Based on information from the Forest Service 
we estimate that changing the designation of those rivers would 
not significantly affect the agency's costs to manage them.
    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 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 (new matter is 
printed in italic and 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)  * * *

           *       *       *       *       *       *       *

  (____) Rivers of Caribbean National Forest, Puerto Rico.--
          (A) Rio mameyes.--The segment of approximately 4.5 
        miles from its headwaters in the Bano de Oro Research 
        Natural Area to the boundary of the Caribbean National 
        Forest, to be administered by the Secretary of 
        Agriculture as follows:
                  (i) As a wild river from its headwaters in 
                the Bano de Oro Research Natural Area to the 
                crossing point of Trail No. 24/11 
                (approximately 500 feet upstream from the 
                confluence with the Rio de La Mina), a total of 
                approximately 2.1 miles.
                  (ii) As a scenic river from the crossing 
                point of Trail No. 24/11 to the access point of 
                Trail No. 7, a total of approximately 1.4 
                miles.
                  (iii) As a recreational river from the access 
                point of Trail No. 7 to the national forest 
                boundary, a total of approximately 1.0 miles.
          (B) Rio de la mina.--The segment of approximately 2.1 
        miles from its headwaters to its confluence with the 
        Rio Mameyes, to be administered by the Secretary of 
        Agriculture as follows:
                  (i) As a recreational river from its 
                headwaters in the El Yunque Recreation Area 
                downstream to La Mina Falls, a total of 
                approximately 0.9 miles.
                  (ii) As a scenic river from La Mina Falls 
                downstream to its confluence with the Rio 
                Mameyes, a total of approximately 1.2 miles.
          (C) Rio icacos.--The segment of approximately 2.3 
        miles from its headwaters to the boundary of the 
        Caribbean National Forest, to be administered by the 
        Secretary of Agriculture as a scenic river.

           *       *       *       *       *       *       *


              ADDITIONAL VIEWS OF CONGRESSMAN ACEVEDO-VILA

    I want to thank Chairman Hansen, Ranking Member Rahall, 
Subcommittee Chairman McInnis, Subcommittee Ranking Member 
Inslee and all of my colleagues on the Resources Committee who 
have supported this laudable legislation.
    It is with great pride that I have worked to support and 
move toward enactment H.R. 3954--The Caribbean National Forest 
Wild and Scenic Rivers Act of 2002. The Caribbean National 
Forest, commonly known in Puerto Rico as El Yunque, is the only 
tropical rain forest within the U.S. National Forest System. El 
Yunque is a natural wonder and unique resource that we must 
preserve and protect forever. El Yunque is the only managed 
rain forest on earth, and with this distinction comes 
heightened responsibility in my opinion, to fully protect this 
important resource. The enactment of this bill, along with the 
wilderness legislation (H.R. 3955) approved by the Committee 
last month, will help ensure that the natural integrity of El 
Yunque is preserved for the 1 million annual visitors to the 
CNF for generations to come.
    H.R. 3954 would preserve and protect three rivers that flow 
within the boundaries of El Yunque. It is the intent of the 
Wild and Scenic Rivers Act of 1968 to preserve rivers and 
sections thereof to protect the water quality of such rivers 
and to fulfill other vital national conservation purposes. It 
is within this intent that I have introduced this bill, and I 
am fully committed to the preservation of these beautiful 
rivers. While there are additional rivers within El Yunque that 
have received wild and scenic designation recommendations, the 
areas of these rivers are covered under H.R. 3955 through 
wilderness designation, or are within the existing Bano de Oro 
Natural Area. Therefore, I have followed recommendations to 
focus on rivers running outside of the proposed El Toro 
Wilderness Area and outside of existing natural areas.
    The three rivers that would be designated under this act 
were all recommended for inclusion under the National Wild and 
Scenic Rivers System by the revised land and resource 
management plan for the CNF, approved April 17, 1997. This 
management plan was the basis for the introduction of this 
bill, and I ask for your support during its consideration.
    The three rivers include the Rio Mameyes, the Rio Icacos, 
and the Rio de La Mina. All three have outstanding 
characteristics and make up an integral part of the experience 
when visiting the forest.
    The Rio Mameyes offers outstanding scenic, biological and 
recreational values to visitors. It flows over large boulders 
and numerous waterfalls, forming enjoyable pools. Trails run 
along gorges that descend through the forest. The water quality 
along the upper segment is optimum, with no interference from 
human encroachment.
    The Rio Mameyes provides important habitat for the Puerto 
Rican Parrot and Puerto Rican Boa, both endangered species. 
Furthermore, the endangered Broad-winged and Sharp-shinned 
Hawks, and the threatened Peregrine Falcon, are also known to 
use this area. The Mameyes system enjoys the highest natural 
aquatic diversity and species richness of any forest watershed. 
The Mameyes remains the only uninterrupted, free flowing river 
in Puerto Rico.
    The Rio de la Mina is judged as eligible based on its 
outstanding scenic, recreation, biological and historic values. 
Like the Mameyes, the Rio de La Mina descends over boulders and 
waterfalls, forming rapids and pools. Trails parallel the river 
and provide for numerous recreation areas, including picnic 
areas that are among the most popular tourist destinations 
within the CNF. The most spectacular waterfalls in the forest 
exist along the Rio de la Mina. These falls, known as La Mina 
Falls, play an important role in promoting Puerto Rico as a 
prime vacation destination. The water quality is good within 
the proposed designation area. The Rio de la Mina also provides 
habitat for endangered animal and plant species.
    The Rio Icacos is judged as eligible based on its 
outstanding scenic, historic, cultural and ecological values. 
The Rio Icacos has some of the most varied terrain of any of El 
Yunque's rivers. Near the headwaters, the gradient is less 
steep than further downstream where it also descends over 
boulders and waterfalls. In the upper section, the streambed 
exhibits a unique sandy bed due to its origin in the upper, 
flatter section. The palm forest is very striking along the 
bank, more so than in any other area of the forest. Water 
quality is high within the proposed designation area. 
Endangered animal and plant species are present within the 
proposed area.
    With the support of the House of Representatives and the 
Senate, these wild and scenic river designations in El Yunque 
can become a reality this year. I encourage all of my 
colleagues to visit Puerto Rico and to spend worthwhile time 
visiting the Caribbean National Forest. Puerto Ricans take 
great pride in El Yunque, and I assure you it is worth the trip 
to visit. With your support, we can help protect the pristine 
natural wonders of El Yunque forever.

                                               Anibal Acevedo-Vila.

                                  
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