110th CONGRESS
1st Session
H. R. 672
To protect the critical aquifers and watersheds that serve as a
principal water source for the Commonwealth of Puerto Rico, to protect the
tropical forests of the Karst Region of the Commonwealth, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
January 24, 2007
Mr. FORTUN.AE6O introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on Ways
and Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
A BILL
To protect the critical aquifers and watersheds that serve as a
principal water source for the Commonwealth of Puerto Rico, to protect the
tropical forests of the Karst Region of the Commonwealth, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Puerto Rico Karst Conservation
Act'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 4. Conservation of the Karst Region.
Sec. 5. Puerto Rico Karst Conservation Fund.
Sec. 6. Miscellaneous provisions.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress finds the following:
(1) In the Karst Region of the Commonwealth of Puerto Rico there are--
(A) some of the largest areas of tropical forests in Puerto Rico, with
a higher density of tree species than any other area in the Commonwealth;
and
(B) unique geological formations that are critical to the maintenance
of aquifers and watersheds that constitute a principal water supply
for much of the Commonwealth.
(2) The Karst Region is threatened by development that, if unchecked,
could permanently damage the aquifers and cause irreparable damage to
natural and environmental assets that are unique to the United States.
(3) The Commonwealth has one of the highest population densities in the
United States, which makes the protection of the Karst Region imperative
for the maintenance of the public health and welfare of the citizens of
the Commonwealth.
(A) possesses extraordinary ecological diversity, including the habitats
of several endangered and threatened species and tropical migrants;
and
(B) is an area of critical value to research in tropical forest management.
(5) Coordinated efforts at land protection by the Federal Government and
the Commonwealth are necessary to conserve the environmentally critical
Karst Region.
(b) Purposes- The purposes of this Act are--
(1) to authorize and support conservation efforts to acquire, manage,
and protect the tropical forest areas of the Karst Region, with particular
emphasis on water quality and the protection of the aquifers that are
vital to the health and well-being of the citizens of the Commonwealth;
and
(2) to promote cooperation among the Commonwealth, Federal agencies, corporations,
organizations, and individuals in those conservation efforts.
SEC. 3. DEFINITIONS.
(1) COMMONWEALTH- The term `Commonwealth' means the Commonwealth of Puerto
Rico.
(2) FOREST LEGACY PROGRAM- The term `Forest Legacy Program' means the
program established under section 7 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103c).
(3) FUND- The term `Fund' means the Puerto Rico Karst Conservation Fund
established by section 5.
(4) KARST REGION- The term `Karst Region' means the areas in the Commonwealth
generally depicted on the map entitled `Karst Region Conservation Area'
and dated March 2001, which shall be on file and available for public
inspection in--
(A) the Office of the Secretary, Puerto Rico Department of Natural and
Environmental Resources; and
(B) the Office of the Chief of the Forest Service.
(5) LAND- The term `land' includes land, water, and an interest in land
or water.
(6) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
SEC. 4. CONSERVATION OF THE KARST REGION.
(a) Federal Cooperation and Assistance- In furtherance of the acquisition,
protection, and management of land and forest resources in and adjacent
to the Karst Region, and in furtherance of the implementation of related
natural resource conservation strategies, the Secretary may--
(1) make grants to and enter into contracts and cooperative agreements
with the Commonwealth, other Federal agencies, organizations, corporations,
and individuals; and
(2) use all authorities available to the Secretary, including--
(A) the Forest and Rangeland Renewable Resources Research Act of 1978
(16 U.S.C. 1641 et seq.);
(B) section 1472 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3318);
(C) section 12 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a); and
(D) the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101
et seq.).
(b) Funding Sources- The activities authorized by this section may be carried
out using--
(2) amounts in the fund established by section 4(b) of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643(b));
(3) funds appropriated from the Land and Water Conservation Fund;
(4) funds appropriated for the Forest Legacy Program; and
(5) any other funds made available for those activities.
(1) PRINCIPAL MANAGEMENT OBJECTIVES- Land acquired under the authority
of this section or using funds made available under this section shall
be managed in a manner to protect and conserve the water quality and aquifers
and the geological, ecological, fish and wildlife, and other natural values
of the Karst Region.
(2) OTHER USES- The resulting owner of land acquired under the authority
of this section or using funds made available under this section may permit
public recreation and other uses of the acquired land to the extent that
the owner determines that the recreation or other use is compatible with
and does not impair the principal management objectives specified in paragraph
(1). The owner shall make a determination under this subsection in consultation
with the Department of Natural Resources of the Commonwealth and the Secretary.
(3) FAILURE TO MANAGE AS REQUIRED- In any deed, grant, contract, or cooperative
agreement implementing this Act and the Forest Legacy Program in the Commonwealth,
the Secretary may require that, if land acquired by the Commonwealth or
other cooperating entity under this Act is sold or conveyed in whole or
part, or is not managed in conformity with paragraph (1), title to the
land shall, at the discretion of the Secretary, vest in the United States.
(4) FEDERALLY OWNED LAND- Any federally owned land acquired by the Secretary
in the Karst Region shall be managed by the Secretary in accordance with
paragraphs (1) and (2) and the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1641 et seq.).
(d) Willing Sellers- Any land acquired by the Secretary in the Karst Region
shall be acquired only from a willing seller.
(e) Relation to Other Authorities- Nothing in this Act--
(1) diminishes any other authority that the Secretary may have to acquire,
protect, and manage land and natural resources in the Commonwealth; or
(2) exempts the Federal Government from Commonwealth water laws.
(f) Land Valuation- Notwithstanding any land valuation provision of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.), or regulations issued thereunder, land
acquired by the Secretary, or by a non-Federal entity using amounts from
the Fund or appropriated for the purposes of this Act, shall be valued--
(1) in accordance with appraisals prepared in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions; or
(2) in accordance with market surveys approved by the Chief Appraiser
of the Forest Service, for areas of land where elements of value, such
as physical characteristics and other amenities, are readily apparent
and substantially similar.
SEC. 5. PUERTO RICO KARST CONSERVATION FUND.
(a) Establishment- There is established in the Treasury an interest bearing
account to be known as the `Puerto Rico Karst Conservation Fund'.
(b) Credits to Funds- There shall be credited to the Fund--
(1) amounts appropriated to the Fund;
(2) amounts donated to the Fund; and
(3) interest derived from amounts in the Fund.
(c) Use of Fund- Amounts in the Fund shall be available to the Secretary
until expended, without further appropriation, to carry out section 4.
SEC. 6. MISCELLANEOUS PROVISIONS.
(1) AUTHORITY TO ACCEPT- The Secretary may accept donations, including
land and money, made by public and private agencies, corporations, organizations,
and individuals in furtherance of the purposes of this Act.
(2) TREATMENT OF DONORS- The Secretary may accept donations even if the
donor conducts business with or is regulated by the Department of Agriculture
or any other Federal agency.
(3) TREATMENT OF DONATIONS- A donation of land, property and money accepted
by the Secretary under the authority of this Act shall be considered as
a gift, bequest, or devise to the United States in the same manner as
provided in Public Law 95-442 (7 U.S.C. 2269).
(b) Relation to Forest Legacy Program-
(1) IN GENERAL- All land in the Karst Region shall be eligible for inclusion
in the Forest Legacy Program.
(2) COST SHARING- The Secretary may credit donations made under subsection
(a) to satisfy any cost-sharing requirements of the Forest Legacy Program.
END
