[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4668 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4668

  To provide for the protection of critical lands in Puerto Rico, for 
 intergovernmental cooperation in land and water conservation, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2000

Mr. Romero-Barcelo introduced the following bill; which was referred to 
                       the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the protection of critical lands in Puerto Rico, for 
 intergovernmental cooperation in land and water conservation, 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 Land and Water 
Conservation Act of 2000''.

SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS.

    (a) Findings.--Congress finds that--
            (1) the Karst Region of Puerto Rico is a unique geological 
        formation which is critical to the maintenance of aquifers 
        which constitute a principal water supply for much of Puerto 
        Rico;
            (2) the Karst Region is threatened by development which, if 
        unchecked, could permanently damage aquifers supplying fresh 
        water and cause irreparable damage to the natural and 
        environmental assets which are unique to the United States and 
        Puerto Rico;
            (3) the protection of the Karst Region is an imperative for 
        the public health and welfare of the citizens of Puerto Rico;
            (4) the Karst Region possesses extraordinary ecological 
        diversity, including the habitats of endangered and threatened 
        species and tropical migrants and is, therefore, an area of 
        critical value to research in tropical forest management;
            (5) coordinated efforts at land protection by agencies of 
        the Federal Government and the Commonwealth of Puerto Rico will 
        be necessary to conserve this environmentally critical area; 
        and
            (6) existing units of the National Forest System and the 
        National Wildlife Refuge System also possess critical natural 
        resources threatened by outside development.
    (b) Purpose.--The purpose of this Act is to authorize the Secretary 
of Agriculture, the Secretary of the Interior, and other Federal 
departments and agencies to cooperate with the Commonwealth of Puerto 
Rico--
            (1) in the acquisition, restoration, protection, and 
        management of lands and waters of the Karst Region and units of 
        the National Forest System and National Wildlife Refuge System 
        in Puerto Rico;
            (2) in the establishment of new conservation areas 
        administered by Puerto Rico and the Federal Government; and
            (3) in the protection and management of fresh water 
        aquifers, tropical forest ecosystems, and threatened and 
        endangered species and their habitats.
    (c) Definitions.--For the purposes of this Act the following 
definitions apply:
            (1) Area.--The term ``Area'' means the Karst Resource 
        Protection Area established by section 3.
            (2) Fund.--The term ``Fund'' means the Puerto Rico Land 
        Conservation Fund established by section 7.
            (3) Governor.--The term ``Governor'' means the Governor of 
        Puerto Rico.
            (4) Map.--The term ``Map'' means the map entitled ``Karst 
        Resource Protection Area'', dated January 2000.
            (5) Natural resource conservation unit.--The term ``natural 
        resource conservation unit'' means a national forest when 
        administered by the Secretary of Agriculture, a National 
        Wildlife Refuge when administered by the Secretary of the 
        Interior, and a Commonwealth Forest when administered by the 
        Secretary of the Puerto Rico Department of Natural and 
        Environmental Resources.
            (6) Puerto rico.--The term ``Puerto Rico'' means the 
        Commonwealth of Puerto Rico, or its successor.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. THE KARST RESOURCE PROTECTION AREA.

    (a) Establishment.--There is hereby established the Karst Resource 
Protection Area in order to provide for cooperative land conservation 
efforts by the Federal Government and Puerto Rico.
    (b) Boundaries of Area.--
            (1) In general.--The Area shall comprise those lands and 
        interests therein, as generally depicted on the Map.
            (2) Map on file.--The Map shall be on file and available 
        for public inspection in the office of the Chief, Forest 
        Service, Washington, DC., the office of the Director, United 
        States Fish and Wildlife Service, Washington, DC., and the 
        office of the Secretary of the Puerto Rico Department of 
        Natural and Environmental Resources, San Juan, Puerto Rico.
            (3) Adjustments.--The Secretary, in consultation with the 
        Secretary of the Interior and the Secretary of the Puerto Rico 
        Department of Natural and Environmental Resources, may make 
        minor adjustments to expand the boundaries of any unit within 
        the Area insofar as such expansion does not increase the area 
        of such unit by more than 10 percent.
    (c) Units.--The Area shall be divided into units as depicted on the 
Map with general management responsibility for each unit being divided 
among the Secretary, the Secretary of the Interior, and the Governor.

SEC. 4. ADMINISTRATION OF THE AREA.

    (a) In General.--
            (1) Cooperative program.--The Secretary, acting with the 
        International Institute of Tropical Forestry and the Caribbean 
        National Forest, and in cooperation with the Secretary of the 
Interior and the Governor, shall administer a cooperative program of 
land conservation and protection, research, and public use within the 
Area.
            (2) Management Objectives.--Lands within the Area 
        administered under this program shall be managed primarily for 
        the objectives of--
                    (A) protecting watersheds and water quality;
                    (B) maintaining and enhancing biodiversity; and
                    (C) conserving fish, wildlife, and their habitats.
            (3) Principal component.--Natural resources research shall 
        be a principal component of the management of the Area.
            (4) Uses.--Public recreation and other uses shall be 
        permitted within the Area to the extent that such recreation 
        and uses are compatible with the primary management objectives 
        for the Area.
    (b) Cooperation.--In order to carry out the purposes of this Act, 
the Secretary and Secretary of the Interior may enter into contracts, 
cooperative agreements and similar arrangements between themselves and 
with the Governor and other entities, including corporations, 
organizations, and individuals.
    (c) Supplemental Authorities.--In administering the Area--
            (1) the Secretary may use any other authorities available 
        including, the Cooperative Forestry Assistance Act (92 Stat. 
        365), the International Forestry Cooperation Act of 1990 (104 
        Stat. 2070), and the Forest and Rangeland Renewable Resources 
        Research Act of 1978 (92 Stat. 353);
            (2) the Secretary of the Interior may use any other 
        authorities available, including the Fish and Wildlife 
        Coordination Act (16 U.S.C. 661-667e), the Migratory Bird 
        Conservation Act (16 U.S.C. 715-715r), the Migratory Bird 
        Treaty Act (16 U.S.C. 703-711), the National Wildlife Refuge 
        System Administration Act (16 U.S.C. 668dd-668ee), and the Act 
        of May 19, 1948 (16 U.S.C. 667b-667d); and
            (3) the Governor may use any authorities available under 
        the laws of the Commonwealth of Puerto Rico for land 
        acquisition and restoration purposes.

SEC. 5. LAND PROTECTION.

    (a) Land Acquisition.--The Secretary and the Secretary of the 
Interior are authorized by this Act to acquire from willing sellers by 
purchase, exchange, donation, or otherwise, lands and interests 
therein, within the Area for the purposes of this Act.
    (b) Federal Land Within the Area.--
            (1) In general.--At the direction of the Secretary, any 
        lands or interests in lands within the Area owned by the United 
        States, including lands to which title is held by the Commodity 
        Credit Corporation and any subsidiary entity, shall be managed 
        in furtherance of the purposes of this Act.
            (2) Transfers of administration jurisdiction.--Pursuant to 
        such terms and conditions as the Secretary may prescribe, lands 
        or interests in lands may be transferred without consideration 
        to the administrative jurisdiction of land management agencies 
        within the Department of Agriculture, to the Fish and Wildlife 
        Service of the Department of the Interior, or to the Department 
        of Natural and Environmental Resources of Puerto Rico, to be 
        managed as part of the natural resource conservation units 
        under their respective jurisdiction. Interdepartmental 
        transfers of land between Federal agencies shall be effected 
        through publication of a notice thereof in the Federal 
        Register.
            (3) Compelling need exception.--This subsection shall not 
        apply to Federal lands or interests in land if the head of the 
        agency controlling the property determines that there is a 
        compelling program need for any such property.
    (c) Valuation.--The Secretary and the Secretary of the Interior may 
acquire lands and interests therein, based on the fair market value of 
land within a unit or parts of units of the Area determined by a 
project appraisal report or other valuation methodology consistent with 
the Uniform Appraisal Standards for Federal Land Acquisitions.
    (d) Programs of the Department of Agriculture.--
            (1) In general.--The Secretary may use any program of the 
        Department of Agriculture in furtherance of the purposes of 
        this Act.
            (2) Acquisitions.--The Secretary may acquire from the 
        Government of Puerto Rico easements under the Wetlands Reserve 
        Program if the Commonwealth of Puerto Rico agrees that any 
        consideration paid for such easements shall be used for the 
        acquisition, protection, and restoration of lands within those 
        portions of the Area under its administration.
    (e) Withdrawals.--Subject to valid existing rights, all Federal 
lands and interests in lands within the Area are withdrawn from all 
forms of appropriation under the mining laws and from disposition under 
all laws pertaining to mineral and geothermal leasing, including all 
amendments thereto.
    (f) Hazardous Substances.--Nothing in this Act shall be construed 
to require the Secretary or the Secretary of the Interior to accept 
title to any land deemed to be contaminated with hazardous substances 
unless adequate provision is made for remediation, cleanup, and other 
actions deemed necessary and desirable by the acquiring agency for 
environmental restoration and protection.

SEC. 6. NATIONAL FOREST LANDS.

    (a) Applicable Laws, Rules, and Regulations.--Federally owned lands 
within the Area which are managed by the Secretary shall be subject to 
this Act and the laws, rules, and regulations applicable to the 
National Forest System.
    (b) Authorities Available.--In furtherance of the purposes of the 
International Institute of Tropical Forestry, for those portions of the 
Area under the administrative jurisdiction of the Secretary, the 
authorities of the Forest and Rangeland Renewable Resources Research 
Act of 1978 (16 U.S.C. 1600 et seq.) shall be available, including 
those for the establishment of experimental forest research facilities.
    (c) Designation as Component of Caribbean National Forest.--At such 
time as the Secretary deems that sufficient lands and interests in land 
have been acquired in the Area in order to manage said lands as 
National Forests in conformity with this Act, the Secretary may 
designate the same as a component of the Caribbean National Forest or 
as another unit of the National Forest System by publication of notice 
thereof in the Federal Register.

 SEC. 7. PUERTO RICO LAND CONSERVATION FUND.

    (a) Fund Creation.--There is hereby established in the Treasury of 
the United States a special account to be known as the Puerto Rico Land 
Conservation Fund which shall be administered by the Secretary. The 
Fund shall be available to the Secretary and the Secretary of the 
Interior to carry out the protection of the Area and other National 
Forest and National Wildlife Refuge units in Puerto Rico through land 
acquisition as authorized herein, and the restoration of wetlands and 
other ecologically sensitive areas. Moneys made available for the Fund 
shall be supplemental to those that may be available from other 
sources.
    (b) Deposits Into the Fund.--The following funds and receipts shall 
be deposited into the Fund which shall be available, until expended and 
without further appropriation, to the Secretary and the Secretary of 
the Interior in furtherance of the purposes of this Act:
            (1) Treasury.--On October 1, 2000, out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall provide $100,000,000 to the Fund.
            (2) Surplus real property sales.--All funds received by the 
        Administrator of the General Services Administration from the 
        disposal of surplus real property in Puerto Rico pursuant to 
        the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. 471 et seq.).
            (3) User fees.--Notwithstanding the provisions of the Act 
        of May 23, 1908 (16 U.S.C. 500), all net receipts generated 
        from the use of the Caribbean National Forest.
            (4) Other funds received or appropriated for the purposes 
        of this Act, including donations.
    (c) Allocations From the Fund.--
            (1) In general.--Amounts in the Fund shall be allocated as 
        follows:
                    (A) No less than 90 percent for land acquisition 
                and restoration within the Area.
                    (B) No more than 10 percent for land acquisition 
                and restoration within the unit of the Caribbean 
                National Forest existing as of the date of the 
                enactment of this Act.
            (2) Land acquisition expenditures.--For purposes of this 
        subsection, expenditures for land acquisition shall include the 
        costs of the land and associated administrative costs 
        including, valuation, title review, legal, and conveyance 
        costs.
    (d) Other Funding.--In addition to the Fund established under this 
section, the Secretary, the Secretary of the Interior, or the Governor 
may use any other authorized and appropriated sources of funding in 
furtherance of the purposes of this Act.

SEC. 8. ESTABLISHMENT OF THE RIO ENCANTADO NATIONAL WILDLIFE REFUGE.

    (a) Authorization.--The Secretary of the Interior is authorized to 
establish the Rio Encantado National Wildlife Refuge located in the 
municipalities of Ciales, Manati, Florida, and Arecibo, Puerto Rico, as 
identified in the preliminary project proposal entitled ``Proposed 
Establishment of the Rio Encantado National Wildlife Refuge'', dated 
May 1999, as amended and approved by the Director of the United States 
Fish and Wildlife Service.
    (b) Establishment.--The Secretary of the Interior shall make such 
establishment by publication of notice thereof in the Federal Register 
upon the determination of the Secretary of the Interior that sufficient 
lands and interests in land have been acquired within the boundaries of 
the Refuge to enable management in furtherance of fish and wildlife 
conservation, particularly the reintroduction of the endangered Puerto 
Rican parrot. Upon establishment, the Rio Encantado National Wildlife 
Refuge shall be managed by the Secretary of the Interior as a unit of 
the National Wildlife Refuge System in accordance with this Act, the 
National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et 
seq.), and all other laws and regulations generally applicable to units 
of the National Wildlife Refuge System.
    (c) Description.--The boundaries of the Rio Encantado National 
Wildlife Refuge shall be as generally depicted on the Map. The 
Secretary of the Interior, in consultation with the Secretary, may 
include a description of the boundary, with any appropriate 
adjustments, in the publication of the notice of establishment required 
under subsection (b).

SEC. 9. WILD AND SCENIC RIVERS.

    (a) Amendment To Provide for Study.--To provide for the study of 
potential additions to the National Wild and Scenic Rivers System, 
section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is 
amended by adding at the end the following new paragraphs:
    ``( ) Rio Encantado, Puerto Rico.--The main underground river 
system.
    ``( ) Rio Guajataca, Puerto Rico.--The river from the Lake 
Guajataca dam to the ocean.
    ``( ) Rio Camuy, Puerto Rico.--The entire river.
    ``( ) Rio Tanama, Puerto Rico.--The entire river.''.
    (b) Requirements for Studies.--The studies authorized by this 
section shall be conducted in conformity with the Wild and Scenic 
Rivers Act by the Secretary of the Interior, in consultation with the 
Secretary of Agriculture and the Governor. The studies shall be 
completed and reports thereon submitted to the Congress no later than 
three full fiscal years from the date of the enactment of this section.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated $100,000,000 for the 
purposes of this Act.
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