49–010 

Calendar No. 247 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–155 

CARIBBEAN NATIONAL FOREST ACT OF 2005 

OCTOBER 19, 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 H.R. 539] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (H.R. 539) to designate certain National Forest 

System land in the Commonwealth of Puerto Rico as a component 

of the National Wilderness Preservation System, having considered 

the same, reports favorably thereon without amendment and recommends that the Act do pass. 

PURPOSE OF THE MEASURE

The purpose of H.R. 539 is to designate approximately 10,000 

acres of the Caribbean National Forest 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 

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 also is 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 

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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

H.R. 539 was introduced by Representative Luis Fortun ̃ o on February 2, 2005. The Subcommittee on Forests and Forest Health of 

the House Committee on Resources held a hearing on May 11, 

2005. H.R. 539 was reported from the Committee with an amendment in the nature of a substitute by unanimous consent on May 

18, 2005 (H. Rept. 109–126). H.R. 539 was passed by the House of 

Representatives, as amended, under suspension of the rules on 

September 13, 2005. On September 14, 2005, H.R. 539 was received in the Senate and referred to the Committee on Energy and 

Natural Resources. On September 28, 2005, the Committee on Energy and Natural Resources ordered H.R. 539 favorably reported, 

without amendment, by voice vote. 

A companion bill, S. 272, was introduced by Senator Clinton for 

herself and Senator Schumer on February 3, 2005. At its business 

meeting on February 16, 2005, the Committee on Energy and Natural Resources ordered S. 272 favorably reported, with amendments (S. Rept. 109–34). The Senate passed S. 272 on July 26, 

2005. 

A similar bill (S. 2334) also 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 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. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on September 28, 2005, by a voice vote of a 

quorum present, recommends that the Senate pass H.R. 539. 

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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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. 

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 

H.R. 539. 

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 H.R. 539. 

EXECUTIVE COMMUNICATIONS

The Administration views on H.R. 539 were included in testimony received by the House Resources Subcommittee on Forests 

and Forest Health at a hearing on May 11, 2005, as follows: 

STATEMENT OF JOEL HOLTROP, DEPUTY CHIEF, NATIONAL

FOREST SYSTEM, U.S. FOREST SERVICE, UNITED STATES

DEPARTMENT OF AGRICULTURE

Mr. Chairman and Members of the Subcommittee, 

Thank you for the opportunity to present the Department’s 

views on the four bills before the Subcommittee today. 

The Department supports H.R. 539. 

H.R. 539 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 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 milVerDate Aug 31 2005 00:22 Oct 22, 2005 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6969 E:\HR\OC\SR155.XXX SR155
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lion tourists, from Puerto Rico, the U.S. mainland, and 

abroad, experience this tropical rain forest environment 

each year. 

El Yunque is the only tropical rain forest in the National 

Forest System. It is 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. The El Toro Wilderness would 

become the only tropical forest in the National Forest Wilderness System and the only wilderness area in Puerto 

Rico. We believe the designation of the El Toro Wilderness 

would enhance the areas solitude, scenery and pristine 

qualities of the area. 

H.R. 539 specifically provides that hydrologic, meteorological, climatological, or atmospheric data collection and 

transmission facilities may be installed and maintained 

within the designated Wilderness area’s boundaries when 

they are determined by the Secretary to be essential to the 

scientific research purposes of the Luquillo Experimental 

Forest. 

This concludes my statement. I would be pleased to answer any questions that you may have. 

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 Act H.R. 539 as ordered reported. 

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