39–010 

Calendar No. 47 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–34 

CARIBBEAN NATIONAL FOREST ACT OF 2005 

MARCH 10, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 272] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 272) 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 an 

amendment to the title and recommends that the bill, as amended, 

do pass. 

The amendments are as follows: 

1. On page 2, line 2, strike ‘‘2004’’ and insert ‘‘2004,’’. 

2. On page 2, line 10, strike ‘‘1113’’ and insert ‘‘1131’’. 

3. On page 2, lines 13 and 14, strike ‘‘described in’’ and insert 

‘‘as generally depicted on’’. 

4. On page 2, line 21, strike ‘‘described in’’ and insert ‘‘generally 

depicted on’’. 

5. 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 MEASURE

The purpose of S. 272 is to designate approximately 10,000 acres 

of the Caribbean National Forest System land in the Commonwealth of Puerto Rico as a component of the National Wilderness 

Preservation System. 

BACKGROUND AND NEED

The Caribbean National Forest (CNF) has long been recognized 

as a special area that is worthy of protection. The Spanish Crown 

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proclaimed much of the current CNF as a forest reserve in 1824. 

One hundred years ago, President Theodore Roosevelt reasserted 

the protection of the CNF. The CNF has the largest number of species of native trees (with 240) in the National Forest System. It 

contains 50 varieties of orchids and over 150 species of ferns. The 

area is also rich in wildlife with over 100 species of vertebrates, including the severely endangered Puerto Rican parrot. 

The El Toro Wilderness would be the only tropical forest Wilderness in the National Forest System and the first Wilderness in 

Puerto Rico. Wilderness designation will ensure that the forest 

home to these species will remain protected. It also will protect the 

major watersheds in the CNF which provide water to over 800,000 

residents. The designation will enhance protections for the endangered Puerto Rican parrot and permit recovery efforts to continue. 

LEGISLATIVE HISTORY

S. 272 was introduced by Senator Clinton for herself and Senator 

Schumer on February 3, 2005. An identical bill (S. 2334) was introduced by Senator Clinton for herself and Senator Schumer in the 

108th Congress. The Subcommittee on Public Lands and Forests 

held a hearing on July 21, 2004 (S. Hrg. 108–714). The Committee 

favorably reported S. 2334, without amendment, by a unanimous 

voice vote of a quorum present, on September 28, 2004 (S. Rept. 

108–368). The Senate passed S. 2334 without amendment on October 10, 2004. At its business meeting on February 16, 2005, the 

Committee on Energy and Natural Resources ordered S. 272 favorably reported, with amendments. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on February 16, 2004, by a voice vote of a 

quorum present, recommends that the Senate pass S. 272, if 

amended as described herein. 

COMMITTEE AMENDMENTS

During the consideration of S. 272, the Committee adopted several technical and clarifying amendments. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title. 

Section 2 defines key terms. 

Section 3 designates approximately 10,000 acres of the CNF as 

the El Toro Wilderness and directs the Secretary of Agriculture to 

manage the area in accordance to the Wilderness Act of 1964 (16 

U.S.C. 1131), subject to valid existing rights. Subsection (d) provides that nothing in the bill precludes the installation and maintenance of certain data collection and remote transmission facilities 

where the Secretary determines they are essential to the scientific 

research purposes of the Luquillo Experimental Forest. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office. 

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S. 272—Caribbean National Forest Act of 2005 

CBO estimates that enacting S. 272 would have no significant 

impact on the federal budget. Enacting the bill would not affect direct spending or revenues. S. 272 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. 

S. 272 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 obtained 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 contacts for this estimate are Megan Carroll and 

Deborah Reis. This estimate was approved by Peter H. Fontaine, 

Deputy Assistant for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 272. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 272. 

EXECUTIVE COMMUNICATIONS

The views of the Administration on S. 2334 in the 108th Congress were included in testimony received by the Committee at a 

hearing on the bill on July 21, 2004, as follows: 

STATEMENT OF MARK REY, NATIONAL FOREST SYSTEM, 

FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE

Mr. Chairman, thank you for the opportunity to appear 

before you today to provide the Department’s views on . . . 

S. 2334 to designate certain National Forest System land 

in the Commonwealth of Puerto Rico as components of the 

National Wilderness Preservation System . . . 

* * * * * * * 

S. 2334 would designate approximately 10,000 acres of 

land in the Caribbean National Forest/Luquillo Experimental Forest in the Commonwealth of Puerto Rico as the 

El Toro Wilderness and as a component of the National 

Wilderness Preservation System. The Department supports S. 2334. 

The bill would provide that designation of the Wilderness shall not preclude within the area’s boundaries: inVerDate Aug 04 2004 06:17 Mar 12, 2005 Jkt 039010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6969 E:\HR\OC\SR034.XXX SR034
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stallation and maintenance of hydrologic, meteorological, 

climatological, or atmospheric data collection and transmission facilities when they are essential to the scientific 

research purposes of the Luquillo Experimental Forest. 

The Caribbean National Forest encompasses over 28,000 

acres of land, making it the largest block of public land on 

the island of Puerto Rico. The Forest, locally known as El 

Yunque, is one of the most popular recreation sites in 

Puerto Rico and the National Forest System. Almost a million tourists, from Puerto Rico, the U.S. mainland, and 

abroad experience this tropical rain forest environment 

each year. 

It is the only tropical rain forest in the National Forest 

System and the most accessible in the world. It is also 

home to the Puerto Rican parrot, one of the 10 most endangered birds in the world, and nearly 240 species of 

trees and 120 terrestrial animals—four of which are also 

listed as endangered species. 

The 1997 revised Land and Resource Management Plan 

for the Caribbean National Forest/Luquillo Experimental 

Forest recommended wilderness designation for the 

10,000-acre El Toro area. We believe the designation of the 

El Toro Wilderness would enhance the area’s solitude, scenery and pristine qualities of the area. The El Toro Wilderness would become the only tropical forest in the National Forest Wilderness System and the only wilderness 

area in Puerto Rico. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 272 as ordered reported. 

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