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[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.

                                  
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