[107th Congress Public Law 365]
[From the U.S. Government Printing Office]


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[DOCID: f:publ365.107]


[[Page 116 STAT. 3027]]

Public Law 107-365
107th Congress

                                 An Act


 
 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. <<NOTE: Dec. 19, 
                         2002 -  [H.R. 3954]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Caribbean National Forest 
Wild and Scenic Rivers Act of 2002.>>  assembled,

SECTION 1. SHORT <<NOTE: 16 USC 1271 note.>>  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.

[[Page 116 STAT. 3028]]

                    ``(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 <<NOTE: 16 USC 1274 note.>>  
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) <<NOTE: 16 USC 1274 note.>>  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

[[Page 116 STAT. 3029]]

Rico over waters and natural channels of public domain pursuant to the 
laws of the Commonwealth of Puerto Rico.

    Approved December 19, 2002.

LEGISLATIVE HISTORY--H.R. 3954:
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HOUSE REPORTS: No. 107-441 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            May 7, considered and passed House.
            Nov. 19, considered and passed Senate.

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