99–006

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

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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:

‘‘(ll) RIVERS OF CARIBBEAN NATIONAL FOREST, PUERTO RICO.—

‘‘(A) RIO MAMEYES.—The segment of approximately 4.5 miles from its headwaters in the Ban ̃ o 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 Ban ̃ o 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 imVerDate 11-MAY-2000 20:38 May 09, 2002 Jkt 099006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR441.XXX pfrm04 PsN: HR441
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poundments (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 Ban ̃ o 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 outVerDate 11-MAY-2000 20:38 May 09, 2002 Jkt 099006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR441.XXX pfrm04 PsN: HR441
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standing 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 compariVerDate 11-MAY-2000 20:38 May 09, 2002 Jkt 099006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR441.XXX pfrm04 PsN: HR441
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son 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.

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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) * * *

* * * * * * *

(ll) RIVERS OF CARIBBEAN NATIONAL FOREST, PUERTO RICO.—

(A) RIO MAMEYES.—The segment of approximately 4.5 miles

from its headwaters in the Ban ̃ o 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 Ban ̃ o 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.

* * * * * * *

(7)

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

Ban ̃ o 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.

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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.

ANI ́BAL ACEVEDO-VILA ́.

Æ