| S 1256 IS
108th CONGRESS
1st Session
S. 1256
To protect the critical
aquifers and watersheds that serve as a principal water supply for Puerto
Rico, to protect the tropical forests of the Karst Region, and for other
purposes.
IN THE SENATE OF THE UNITED
STATES
June 12, 2003
Mr. HARKIN (for himself and
Mr. LUGAR) introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To protect the critical
aquifers and watersheds that serve as a principal water supply for Puerto
Rico, to protect the tropical forests of the Karst Region, 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.
This Act may be cited as
the `Puerto Rico Karst Conservation Act of 2003'.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds
that--
(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
1 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; and
(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 wellbeing
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 in and adjacent to the Karst Region and in implementing 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); and
(C) section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(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) IN GENERAL- Land acquired
under this Act shall be managed, in accordance with the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et seq.), 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) 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.
(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.
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) all amounts donated
to the Fund;
(3) all amounts generated
from the Caribbean National Forest that would, but for this paragraph,
be deposited as miscellaneous receipts in the Treasury of the United States,
but not including amounts authorized by law for payments to the Commonwealth
or authorized by law for retention by the Secretary for any purpose;
(4) all amounts received
by the Administrator of General Services from the disposal of surplus real
property in the Commonwealth under subtitle I of title 40, United States
Code; and
(5) 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) IN GENERAL- 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) CONFLICTS OF INTEREST-
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) APPLICABLE LAW- Public
Law 95-442 (7 U.S.C. 2269) shall apply to donations accepted by the Secretary
under this subsection.
(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.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to
be appropriated such sums as are necessary to carry out this Act.
END
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