[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.