[House Report 109-126]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-126
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CARIBBEAN NATIONAL FOREST ACT OF 2005
_______
June 14, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 539]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 539) to designate certain National Forest System land in
the Commonwealth of Puerto Rico as components of the National
Wilderness Preservation System, having considered the same,
reports favorably thereon with amendments and recommends that
the bill as amended do pass.
The amendments are 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 Act of
2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map dated April 13,
2004, and entitled ``El Toro Proposed Wilderness Area''.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. WILDERNESS DESIGNATION, CARIBBEAN NATIONAL FOREST, PUERTO RICO.
(a) El Toro Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
10,000 acres of land in the Caribbean National Forest/Luquillo
Experimental Forest in the Commonwealth of Puerto Rico as
generally depicted on the map are designated as wilderness and
as a component of the National Wilderness Preservation System.
(2) Designation.--The land designated in paragraph (1) shall
be known as the El Toro Wilderness.
(3) Wilderness boundaries.--The El Toro Wilderness shall
consist of the land generally depicted on the map.
(b) Map and Boundary Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
(A) prepare a boundary description of the El Toro
Wilderness; and
(B) submit the map and the boundary description to
the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives.
(2) Public inspection and treatment.--The map and the
boundary description prepared under paragraph (1)(A)--
(A) shall be on file and available for public
inspection in the office of the Chief of the Forest
Service; and
(B) shall have the same force and effect as if
included in this Act.
(3) Errors.--The Secretary may correct clerical and
typographical errors in the map and the boundary description
prepared under paragraph (1)(A).
(c) Administration.--
(1) In general.--Subject to valid existing rights, the
Secretary shall administer the El Toro Wilderness in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act.
(2) Effective date of wilderness act.--With respect to the El
Toro Wilderness, any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall be deemed
to be a reference to the date of the enactment of this Act.
(d) Special Management Considerations.--Consistent with the
Wilderness Act (16 U.S.C. 1131 et seq.), nothing in this Act precludes
the installation and maintenance of hydrologic, meteorological,
climatological, or atmospheric data collection and remote transmission
facilities, or any combination of those facilities, in any case in
which the Secretary determines that the facilities are essential to the
scientific research purposes of the Luquillo Experimental Forest.
Amend the title so as to read:
A bill to designate certain National Forest System land
in the Commonwealth of Puerto Rico as a component of the
National Wilderness Preservation System.
PURPOSE OF THE BILL
The purpose of H.R. 539, as ordered reported, is to
designate certain National Forest System land in the
Commonwealth of Puerto Rico as a component of the National
Wilderness Preservation System.
BACKGROUND AND NEED FOR LEGISLATION
In 1997 approximately 10,000 acres of land in the Caribbean
National Forest/Luquillo Experimental Forest in Puerto Rico
were proposed for wilderness classification in the U.S. Forest
Service's land and resource management plan. H.R. 539 would
designate the area as wilderness and, therefore, as a component
of the National Wilderness Preservation System. The designated
lands would be known as the El Toro Wilderness.
The wilderness designation would also allow for special
management considerations such as the installation and
maintenance of hydrologic, meteorological, climatological, or
atmospheric data collection and remote transmission facilities,
or any combination of those facilities necessary for the
scientific research purposes of the Luquillo Experimental
Forest.
After the enactment of this legislation, the Secretary of
Agriculture is directed to prepare a map and boundary
description of the El Toro Wilderness and submit it to the
House Resources Committee and the Senate Energy and Natural
Resources Committee. The map and boundary description would be
on file for public inspection in the office of the Chief of the
Forest Service.
COMMITTEE ACTION
H.R. 539 was introduced on February 2, 2005, by Resident
Commissioner Luis Fortuno (R-PR). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Forests and Forest Health. On May 11, 2005, the
Subcommittee held a hearing on the bill. On May 18, 2005, the
Full Resources Committee met to consider the bill. The
Subcommittee was discharged from further consideration of the
bill by unanimous consent. Mr. Fortuno offered an amendment in
the nature of a substitute to make technical changes requested
by the Forest Service. It was adopted by unanimous consent, 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 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. 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:
H.R. 539--Caribbean National Forest Act of 2005
CBO estimates that implementing H.R. 539 would have no
significant impact on the federal budget. Enacting the bill
would not affect direct spending or revenues. H.R. 539 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. 539 would designate as wilderness approximately 10,000
acres of land within the Caribbean National Forest/Luquillo
Experimental Forest, located in Puerto Rico. Based on
information from the Forest Service, CBO estimates that
designating that area as wilderness would not significantly
affect the agency's costs to manage it. We also estimate that
the proposed designation would have no impact on offsetting
receipts from programs to develop federally owned natural
resources.
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.