I
106TH CONGRESS
2D SESSION
H. R. 4668
To provide for the protection of critical lands in Puerto Rico, for intergovern-
mental cooperation in land and water conservation, and for other pur-
poses.
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 Representa-
tives 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 mainte-
nance of aquifers which constitute a principal water
supply for much of Puerto Rico;
(2) the Karst Region is threatened by develop-
ment which, if unchecked, could permanently dam-
age aquifers supplying fresh water and cause irrep-
arable damage to the natural and environmental as-
sets which are unique to the United States and
Puerto Rico;
(3) the protection of the Karst Region is an im-
perative for the public health and welfare of the citi-
zens of Puerto Rico;
(4) the Karst Region possesses extraordinary
ecological diversity, including the habitats of endan-
gered and threatened species and tropical migrants
and is, therefore, an area of critical value to re-
search in tropical forest management;
(5) coordinated efforts at land protection by
agencies of the Federal Government and the Com-
monwealth of Puerto Rico will be necessary to con-
serve this environmentally critical area; and
(6) existing units of the National Forest Sys-
tem and the National Wildlife Refuge System also
possess critical natural resources threatened by out-
side development.
(b) PURPOSE.—The purpose of this Act is to author-
ize the Secretary of Agriculture, the Secretary of the Inte-
rior, and other Federal departments and agencies to co-
operate 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 habi-
tats.
(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 Puer-
to Rico Land Conservation Fund established by sec-
tion 7.
(3) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of Puerto Rico.
(4) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Karst Resource Protection Area’’, dated Jan-
uary 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 adminis-
tered by the Secretary of the Puerto Rico Depart-
ment of Natural and Environmental Resources.
(6) PUERTO RICO.—The term ‘‘Puerto Rico’’
means the Commonwealth of Puerto Rico, or its suc-
cessor.
(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 de-
picted 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 of-
fice of the Director, United States Fish and Wildlife
Service, Washington, DC., and the office of the Sec-
retary of the Puerto Rico Department of Natural
and Environmental Resources, San Juan, Puerto
Rico.
(3) ADJUSTMENTS.—The Secretary, in con-
sultation with the Secretary of the Interior and the
Secretary of the Puerto Rico Department of Natural
and Environmental Resources, may make minor ad-
justments 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 per-
cent.
(c) UNITS.—The Area shall be divided into units as
depicted on the Map with general management responsi-
bility 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 pro-
gram 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 qual-
ity;
(B) maintaining and enhancing biodiver-
sity; and
(C) conserving fish, wildlife, and their
habitats.
(3) 
PRINCIPAL
COMPONENT.—Natural 
re-
sources 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 pur-
poses of this Act, the Secretary and Secretary of the Inte-
rior may enter into contracts, cooperative agreements and
similar arrangements between themselves and with the
Governor and other entities, including corporations, orga-
nizations, and individuals.
(c) 
SUPPLEMENTAL
AUTHORITIES.—In 
admin-
istering the Area—
(1) the Secretary may use any other authorities
available including, the Cooperative Forestry Assist-
ance Act (92 Stat. 365), the International Forestry
Cooperation Act of 1990 (104 Stat. 2070), and the
Forest and Rangeland Renewable Resources Re-
search 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 Ad-
ministration 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 avail-
able 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 Sec-
retary 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 Sec-
retary, 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 Cor-
poration and any subsidiary entity, shall be managed
in furtherance of the purposes of this Act.
(2) TRANSFERS OF ADMINISTRATION JURISDIC-
TION.—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 man-
aged as part of the natural resource conservation
units under their respective jurisdiction. Interdepart-
mental transfers of land between Federal agencies
shall be effected through publication of a notice
thereof in the Federal Register.
(3) COMPELLING NEED EXCEPTION.—This sub-
section 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 pro-
gram 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 re-
port or other valuation methodology consistent with the
Uniform Appraisal Standards for Federal Land Acquisi-
tions.
(d) PROGRAMS
OF
THE DEPARTMENT
OF AGRI-
CULTURE.—
(1) IN GENERAL.—The Secretary may use any
program of the Department of Agriculture in fur-
therance 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 Com-
monwealth of Puerto Rico agrees that any consider-
ation paid for such easements shall be used for the
acquisition, protection, and restoration of lands
within those portions of the Area under its adminis-
tration.
(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 amend-
ments thereto.
(f) HAZARDOUS SUBSTANCES.—Nothing in this Act
shall be construed to require the Secretary or the Sec-
retary of the Interior to accept title to any land deemed
to be contaminated with hazardous substances unless ade-
quate provision is made for remediation, cleanup, and
other actions deemed necessary and desirable by the ac-
quiring agency for environmental restoration and protec-
tion.
SEC. 6. NATIONAL FOREST LANDS.
(a) APPLICABLE
LAWS, RULES, 
AND
REGULA-
TIONS.—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 For-
estry, for those portions of the Area under the administra-
tive 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, includ-
ing those for the establishment of experimental forest re-
search 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 Sec-
retary may designate the same as a component of the Car-
ibbean National Forest or as another unit of the National
Forest System by publication of notice thereof in the Fed-
eral 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 eco-
logically 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 ap-
propriation, to the Secretary and the Secretary of the In-
terior in furtherance of the purposes of this Act:
(1) TREASURY.—On October 1, 2000, out of
any funds in the Treasury not otherwise appro-
priated, 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 provi-
sions of the Act of May 23, 1908 (16 U.S.C. 500),
all net receipts generated from the use of the Carib-
bean 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 ac-
quisition and restoration within the Area.
(B) No more than 10 percent for land ac-
quisition 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 as-
sociated administrative costs including, valuation,
title review, legal, and conveyance costs.
(d) OTHER FUNDING.—In addition to the Fund es-
tablished under this section, the Secretary, the Secretary
of the Interior, or the Governor may use any other author-
ized and appropriated sources of funding in furtherance
of the purposes of this Act.
SEC. 8. ESTABLISHMENT OF THE RIO ENCANTADO NA-
TIONAL 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 Es-
tablishment of the Rio Encantado National Wildlife Ref-
uge’’, 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 in-
terests 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 establish-
ment, 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 Administra-
tion 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 con-
sultation 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 pro-
vide 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 au-
thorized 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 Agri-
culture 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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