reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15C - Ecological Corridor of San Juan (§§ 216 — 216k) › § 216e - Expropriation or purchase—Authorization

(a) The Department of Natural and Environmental Resources is hereby ordered to obtain control of the lands referenced in this chapter by means of eminent domain, voluntary acquisition, gratuitously or for value, transfer, constitution of conservation easements, leasing or any other means of legal acquisition of the domain or property rights of private properties located within the zone designated as Ecological Corridor.
(b) The patrimony or public domain lands located within the area designated as the Ecological Corridor that are currently owned by the Commonwealth of Puerto Rico and under the administration of other agencies are hereby transferred to the administration of the Department, with the exception of the lands owned by the Land Administration, which shall be governed pursuant to the provisions in the appropriations note under § 216 of this title; and those owned by the University of Puerto Rico shall be governed pursuant to the provisions in § 216 of this title.
Regarding the latter, the Department shall hereby implement the public policy set forth in this chapter in coordination with the University of Puerto Rico, as set forth in § 682 of Title 18.
History —Aug. 28, 2003, No. 206, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15C - Ecological Corridor of San Juan (§§ 216 — 216k) › § 216g - Expropriation—Appraisal and procedure

The Department of Natural and Environmental Resources shall perform an appraisal of private properties to comply with the legal provisions for the payment of fair compensation to the owners of the real property. Said eminent domain shall be carried out pursuant to the provisions set forth in §§ 191 et seq. of this title, known as the Puerto Rico Forests Act, and §§ 2901–2913 of Title 32, part of the Eminent Domain Act. The Department shall also process the gratuitous cession and transfer of the public properties that comprise the Ecological Corridor of San Juan.
History —Aug. 28, 2003, No. 206, § 8.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15C - Ecological Corridor of San Juan (§§ 216 — 216k) › § 216h - Ownership and delimitation of properties—Identification

The ownership of the public and private lands proposed herein to comprise the Ecological Corridor of San Juan shall hereby be identified to expedite the acquisition of said lands. The delimitation and demarcation of said lands which shall be a part of this zone is necessary to ensure the exclusion of inhabited areas having residential structures, as well as common and public or private educational facilities. If any particular property is identified as incompatible with the uses set forth by this chapter, the Secretary of the Department of Natural and Environmental Resources, as part of the conservation and management plan for the area, shall not be hindered from carrying out the eminent domain, cession and transfer of same pursuant to law. Government agencies that are owners of properties located within the geographical limits of the Ecological Corridor of San Juan shall hereby authorize the Department of Natural and Environmental Resources to occupy and use the land. In the case of public corporations that likewise own lands that shall become part of the Ecological Corridor of San Juan, said entities shall hereby authorize the occupation and use of said land. Later, the agencies as well as the public corporations shall negotiate with the Secretary of the Department of Natural and Environmental Resources to agree upon reasonable acquisition terms to carry out the Conservation and Management Plan of the Ecological Corridor of San Juan, without prejudice to the finances or commitments of said public corporations. Any agency and/or public corporation owning property within the Ecological Corridor of San Juan and subject and/or bound to the payment of property taxes shall hereby be exempted from said payments.
History —Aug. 28, 2003, No. 206, § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15C - Ecological Corridor of San Juan (§§ 216 — 216k) › § 216j - Secretary’s powers

The Secretary of the Department of Natural and Environmental Resources is hereby empowered to enter agreements with other government entities, community organizations, and private entities for the study, administration, scientific research and management of the Ecological Corridor of San Juan.
History —Aug. 28, 2003, No. 206, § 12.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15C - Ecological Corridor of San Juan (§§ 216 — 216k) › § 216k - Compliance with the plan and acquisition of land

Once the Plan for the Conservation and Management of the Ecological Corridor is complied with, and the land that comprises the Ecological Corridor zone has been acquired pursuant to the provisions in this chapter, any surplus of funds shall be remitted to the Department of Natural and Environmental Resources to be used in other projects whose purpose and spirit intend the conservation of the environment and the natural resources of Puerto Rico.
History —Aug. 28, 2003, No. 206, § 15.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15D - Monte de Choca, in the Barrios Palos Blancos of Corozal (§§ 217 — 217b) › § 217 - Public policy

The Commonwealth of Puerto Rico’s public policy of protecting and preserving natural resources of a high ecological value is hereby declared. For this purpose, the area of Monte de Choca of Barrio Palos Blancos of the Municipality of Corozal, is designated as a forest area. Two hundred forty-four point seventy-seven (244.77) cuerdas that were acquired by the Natural and Environmental Resources Department of [sic] purchased from the Corporation for the Rural Development of Puerto Rico, through the purchase contract made on June 19, 2000, and with the following metes and bounds: To the North: with land owned by the Estate of Genaro Fontánez, Joaquín Parrilla, María López and the Mavilla River; to the South, with land owned by Jorge and Heliodoro Blanco-Arburúa, the Estate of Higinia Nieves, Cayetano Aponte, Daniel Rios, and the Estate of Hipolito Caldero; to the East: the Mavilla River, Paulino Santiago, German Santiago, the Estate of Joaquín Figueroa, the Estate of Juan Santiago; to the West: the Estate of Higinio Nieves, Cayetano Aponte, Daniel Ríos, Francisco López, the Estate of Hipolito Caldero, the Estate of José Ortiz, Cleofe Mercaso, Edelmira Rodríguez and Clara Calero and the Estate of Genaro Fontánez which must be included as part of said forest. Included also must be those plots of land surrounding it which, according to adequate studies, are determined as indispensable and necessary for the conservation and preservation of this forest.
History —Nov. 21, 2003, No. 295, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15D - Monte de Choca, in the Barrios Palos Blancos of Corozal (§§ 217 — 217b) › § 217-1 - Section of land segregated for recreational areas

Notwithstanding the foregoing provisions, the Secretary of the Department of Natural and Environmental Resources is hereby authorized to segregate a section of land in the Forest named Monte Choca in Barrio Palos Blancos in the Municipality of Corozal, on the West side of Road PR 808, between kilometer 1.8 and kilometer 2.0 of said road. Said section of land shall not exceed one (1) cuerda and shall be used solely and exclusively for the establishment of a Community Center and recreational areas.
History —Nov. 21, 2003, No. 295, added as § 1A on Sept. 22, 2004, No. 415, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15D - Monte de Choca, in the Barrios Palos Blancos of Corozal (§§ 217 — 217b) › § 217a - Secretary—Powers and duties

The Secretary of the [Department of] Natural and Environmental Resources shall establish the regulations of this chapter and shall assure compliance with the same. To this end, the Secretary shall have the following powers and duties:
(a) To establish the corresponding regulations on preservation, protection, conservation, administration and management of natural and environmental resources.
(b) To acquire through any legal means, assignment, conveyance or expropriation, the plots of land included within the designated natural reserve area.
(c) To administer, preserve, conserve and coordinate the management and use of the forest; determining that it may establish a management agreement with the organized community group of Barrio Palos Blancos, Municipality of Corozal, for the forest’s administration, use, protection and conservation. In any management agreement between the Department and the organized community group of Barrio Palos Blancos, Municipality of Corozal, the legal norms and provisions and regulations applicable to the administration and the use of the Forest Program of the Department of Natural and Environmental Resources must be included.
(d) To undertake work or study programs with state governmental agencies, federal or foreign, or with public or private organizations leading to fulfillment of the purposes of the Commonwealth of Puerto Rico’s public policy on natural and environmental resources.
(e) To accept and to receive donations from private or public persons or entities.
(f) To issue all the legal instruments necessary for the exercise of his/her powers.
(g) To perform surveys, topographical, environmental and any other studies that, in his/her judgment are necessary to insure compliance with the provisions of this chapter.
(h) To promulgate and implement the necessary regulations for carrying out the purposes of this chapter.
(i) To determine which activities could be undertaken in the forest and to issue the corresponding permits.
(j) To exercise all powers and faculties conferred by any other law on natural and environmental resources in order to administer, protect, preserve and conserve the designated forest according to this chapter.
(k) To perform all those convenient and necessary acts for implementing the purposes of this chapter.
History —Nov. 21, 2003, No. 295, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15D - Monte de Choca, in the Barrios Palos Blancos of Corozal (§§ 217 — 217b) › § 217b - Secretary—Authorization to expropriate

The Secretary of Natural and Environmental Resources is hereby empowered to expropriate any private land, properties, structures or buildings adjacent or close to the designated forest area to insure the protection, preservation and conservation of such area.
All the real and personal property and any right to or interest in the same, which the Department of Natural and Environmental Resources considers necessary to acquire in order to implement the objectives of this chapter are hereby declared of public use and can be expropriated by the Department, at its request or for the use and benefit of the same by the Commonwealth of Puerto Rico, without the previous declaration of public use required by the Act of March 12, 1903, as amended. The expropriation proceedings to be initiated based on this chapter shall be processed pursuant to the provisions of the Act of March 12, 1903, as amended.
History —Nov. 21, 2003, No. 295, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 21 - Watersheds (§§ 231 — 235) › § 231 - Sale of watershed lands to Government of United States

The Legislative Assembly of Puerto Rico hereby authorizes the Government of the United States to purchase lands for the protection of watersheds in wooded areas and for the production of trees, in accordance with the provisions of the Act of March 1, 1911, of the Congress of the United States, amended June 7, 1924.
History —Apr. 19, 1928, No. 13, p. 136, § 1; Apr. 25, 1930, No. 37, p. 302, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 21 - Watersheds (§§ 231 — 235) › § 232 - Watershed Protection Act—Short title

Sections 232–235 of this title may be cited as the “Watershed Protection Act”.
History —May 8, 1945, No. 97, p. 342, § 1, eff. July 1, 1945.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 21 - Watersheds (§§ 231 — 235) › § 233 - Watershed Protection Act—Programs for soil conservation and planting forest trees

The Secretary of Agriculture, through the Forest Service of that Department, is hereby authorized and directed, and with the cooperation and advice of the Puerto Rico Water Resources Authority, Isabela Irrigation Service, Commonwealth Aqueduct and Sewerage Service, and U.S. Soil Conservation Service, to engage in detailed land surveys and classifications and to conduct such action programs as the Secretary may then deem necessary on land both private and public within watersheds draining to existing and prospective reservoir projects, said action programs to consist of but not be limited to:
(a) The installation and administration of simple soil conservation practices on those clean tilled lands which may continue to be so tilled without injury to watershed values.
(b) To furnish and plant forest trees and to permit present owners and tenants to reside on and to raise food crops between the rows of trees and those lands that may not be clean tilled without injury to watershed values but which can thus be made to contribute to the production of both food and wood products.
(c) To plant forest trees on those lands not capable of growing other than forest products; Provided, That the term “forest trees” as used herein shall be considered to include coffee trees and their shade trees; Provided, further, That prior to beginning any conservation or tree planting work on private lands, as authorized by §§ 232–235 of this title, the Secretary shall enter into such cooperative agreement with the owner or tenant as will require said owner or tenant, in return for the public expenditures to be made on his land, to be responsible for the subsequent care and maintenance of the conservation practices and plantations, and such agreement as will otherwise protect the investment and interest of the Commonwealth of Puerto Rico.
History —May 8, 1945, No. 97, p. 342, § 2, eff. July 1, 1945.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 21 - Watersheds (§§ 231 — 235) › § 234 - Watershed Protection Act—Acquisition of watershed lands

The Secretary of Agriculture is hereby authorized and directed to acquire on behalf of the Commonwealth of Puerto Rico and thereafter to administer as Commonwealth Forests such lands within the aforesaid watersheds as may in his opinion and in conformity with the Planning Act be necessary to carry out fully the purposes of §§ 232–235 of this title and to assure sound agricultural and forestry use of the lands involved; Provided, That all such acquisitions, by purchase, gift or expropriation, shall be made in conformity with the applicable provisions of Act No. 22, approved November 22, 1917, and as amended by Act No. 8, approved April 27, 1921, known as “The Forest Law”.
History —May 8, 1945, No. 97, p. 342, § 3, eff. July 1, 1945.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 21 - Watersheds (§§ 231 — 235) › § 235 - Watershed Protection Act—Appropriation; operating expenses

For the purpose of carrying out the provisions of §§ 232–235 of this title, there is hereby appropriated from funds of the Treasury, not otherwise encumbered, the sum of two hundred fifty thousand dollars ($250,000) for the purchase of land and other capital improvements. the operating expenses necessary to carry out the purposes of §§ 232–235 of this title shall be included in the budget for Operating Expenses of the Commonwealth Government of Puerto Rico.
History —May 8, 1945, No. 97, p. 342, § 4, eff. July 1, 1945.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 22 - Protection, Conservation and Management of Coral Reefs (§§ 241 — 241g) › § 241 - Statement of public policy

It is hereby stated and reiterated that the public policy of the Commonwealth of Puerto Rico seeks to protect, preserve and conserve the coral reefs along the territorial waters of Puerto Rico for the benefit and enjoyment of this and future generations. It is furthermore hereby stated, that the public interest demands that the continuous and irreparable damage to the coral reefs and its associated marine life be avoided and prevented. The Department of Natural and Environmental Resources shall promote the development of sustainable management plans for the coral reefs of Puerto Rico.
History —July 15, 1999, No. 147, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 22 - Protection, Conservation and Management of Coral Reefs (§§ 241 — 241g) › § 241b - Powers of Secretary; protection of the coral reefs

The Secretary of the Department of Natural and Environmental Resources is hereby authorized to take all measures needed for the protection, conservation and management of coral reefs and coral communities throughout the territorial waters of the Commonwealth of Puerto Rico. The Secretary shall identify those places designated as reserves, reef recovery and ecologically sensitive areas with buoys or other floating markers; identify those reef formations and coral communities that may be impacted by vessels that have run aground or been anchored and prepare maps identifying coral reef sites. The Secretary shall likewise identify marine grasslands with buoys or other floating markers in order to protect those systems and avoid their being damaged by anchors or propellers.
The Department shall prepare a protocol for those vessels that run aground on coral reefs and coral communities.
History —July 15, 1999, No. 147, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 22 - Protection, Conservation and Management of Coral Reefs (§§ 241 — 241g) › § 241d - Additional powers

Besides the powers and faculties established in this chapter, the Secretary shall have the following faculties and duties:
(a) Adopt the regulations deemed necessary for complying with the provisions of this chapter, pursuant to §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”.
(b) Enter into necessary and convenient agreements or contracts with other departments, agencies, instrumentalities or public corporations of the Commonwealth, federal and municipal governments, or with educational or scientific institutions or any private entities that seek to most efficiently achieve the purposes of this chapter.
(c) Receive financial, technical or any other assistance from the federal government or from any public or private agency.
(d) Participate in federal and Commonwealth programs as well as in those developed by public and private agencies or by other national or international organizations related to the purposes of this chapter.
(e) Develop an intensive public education program on the benefits of coral reefs and coral communities, the dangers they face and the protection and conservation measures that have been undertaken by the Department, as well as those with which the public may cooperate.
(f) Undertake all pertinent measures against the owners or captains of vessels that run aground on coral reefs so as to have them restore said system.
History —July 15, 1999, No. 147, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 22 - Protection, Conservation and Management of Coral Reefs (§§ 241 — 241g) › § 241e - Management plan

The Secretary is hereby directed to adopt a special management plan for the coral reefs and the coral communities.
An Environmental Impact Statement shall be required for every project that may cause a negative impact on coral reefs, coral communities and associated marine systems. The Planning Board and the Department of Natural and Environmental Resources shall draft zoning regulations to permit the development of residential, recreational and tourist projects in areas free from adverse and detrimental impact on coral reefs, coral communities and associated marine life.
The Planning Board and the Department of Natural and Environmental Resources and all other agencies of the Government of Puerto Rico shall consult with the Department concerning any proposed construction or development project that may have a foreseeable effect on coral reefs, coral communities and associated ecosystems.
History —July 15, 1999, No. 147, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 22 - Protection, Conservation and Management of Coral Reefs (§§ 241 — 241g) › § 241f - Administrative fines

The Secretary may impose administrative fines to any person for:
(a) Extracting, removing, mutilating or otherwise destroying or damaging any coral reef or reef community or portions thereof.
(b) Offering for sale, exchange, donation or otherwise trafficking in or disposing of live or dead coral reef or live or dead portions thereof and organisms deemed attractive for aquariums and fishponds.
(c) Polluting, depositing solid or liquid waste or using any chemical substance on coral reefs and coral communities or portions thereof or on associated ecosystems, such as marine grasslands.
(d) Anchoring, mooring, securing, or otherwise stopping a vessel outside the anchoring buoys enclosure in areas that have been identified by buoys or any other floating marker or within duly identified specially designated, reef recovery or ecologically sensitive areas, without the prior authorization of the Secretary.
(e) Removing, eliminating or damaging the anchoring buoys and the marker buoys established by the Secretary to enclose coral reef zones.
(f) Fishing, snorkeling or skin diving in reef recover areas, marine reservations and other duly identified areas without the prior authorization of the Secretary.
(g) Refusing to comply with any order or resolutions issued by the Secretary pursuant to the faculties and duties imposed by this chapter.
(h) Violating any provision of this chapter and the regulations adopted pursuant thereto.
The administrative fines shall not exceed ten thousand dollars ($10,000) per violation nor be of less than five hundred dollars ($500). In addition to said administrative fines, the Secretary may furthermore require the payment of a reasonable sum to meet the cost of redressing any damages caused by any person in violation of the provisions of this chapter or the regulations approved pursuant thereto.
[The Secretary can commence an action for a restraining order or any other available legal remedy for the purpose of preventing the violation of any provision of this chapter or of any order or regulation approved there of.]
History —July 15, 1999, No. 147, § 9.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 22 - Protection, Conservation and Management of Coral Reefs (§§ 241 — 241g) › § 241g - Exceptions

The provisions of § 241f of this title notwithstanding, any person may, with the prior authorization of the Secretary and provided he complies with any other applicable legal provision:
(a) Conduct scientific or other studies and take live or dead coral samples or portions thereof or of associated organisms; Provided, That said studies promote the purposes of this chapter and in particular the preservation, protection and maintenance of coral reefs, and provided these are not harmful to the latter.
(b) Remove or protect any diseased or polluted species of marine life so as to prevent the spread of disease.
(c) Prepare exhibits and demonstrations and hold tours of an educational or tourist nature in reef recovery areas, marine reservations and other duly identified areas, provided, that in the opinion of the Secretary, once the latter has carefully considered the application, these activities constitute no danger whatsoever [to] this resource.
(d) Use dead corals, specifically those artisans lawfully registered with the Artisan Registry of the Economic Development Company, who prior to collecting the raw materials along the shores of the public beaches, request, accept and receive expert advice by duly qualified Department personnel as to the type and class of dead coral that may be taken, worked on and sold as works of traditional craftsmanship. Said artisans are also authorized to sell their dead coral craft products made in their own workshops provided they comply with the above provisions.
History —July 15, 1999, No. 147, § 10.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 23 - Watershed Protection and Flood Prevention (§§ 251 — 254) › § 251 - Eligibility for federal benefits

For the purpose of enabling the Department of Agriculture of Puerto Rico to qualify as “local organization”, as said term is defined in the law for the protection of hydrographical basins and flood control (68 Stat. 666), as amended, and thus make it eligible to obtain from the federal government the benefits available to states and local agencies in the developing and carrying out of projects for the improvement of hydrographical basins under said federal law, the Secretary of Agriculture of Puerto Rico is hereby authorized to plan and carry out, in cooperation with the United States Secretary of Agriculture, works and measures for flood control or for the conservation, development, utilization and disposal of waters, including those which are for the benefit of fishing, wildlife, and recreation works, for which the providing of federal financial and other aid to local organizations is authorized under the provisions of said federal law.
History —June 6, 1963, No. 47, p. 79.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 23 - Watershed Protection and Flood Prevention (§§ 251 — 254) › § 252 - Acquisition of property

The Governor of Puerto Rico or the Secretary of Agriculture of Puerto Rico is hereby empowered to acquire, in the name and in representation of the Commonwealth of Puerto Rico, either by purchase or agreement, or through the exercise of the power of eminent domain, or by any other lawful means, any property title or interest in any properties that may be necessary or fitting for the carrying out of projects for the protection of hydrographical basins and flood control, and such properties or interest are hereby declared of public utility for all legal purposes. The title to or interest in such property acquired by donation shall not be subject to the provisions of §§ 1101–1108 of Title 3. The procedure for condemnation of any title to or interest in such properties shall be governed by the General Law of Eminent Domain, §§ 2901–2913 of Title 32, and other suppletory statutes.
History —May 14, 1964, No. 28, p. 78.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 23 - Watershed Protection and Flood Prevention (§§ 251 — 254) › § 253 - Hydrographic Watershed Fund—Creation

There is hereby created a fund to be known as the “Hydrographic Watershed Fund” into which there shall be covered the sum of seventy-five thousand dollars ($75,000) which fund the Secretary of Agriculture was authorized to use by virtue of J.R. No. 76 of June 26, 1965, to start flood control projects in the areas known as “Guayanes” and “Bajura” in Yabucoa and Cabo Rojo, respectively.
History —Apr. 20, 1967, J.R. No. 4, p. 454, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 23 - Watershed Protection and Flood Prevention (§§ 251 — 254) › § 254 - Hydrographic Watershed Fund—Projects under provisions of federal laws

The Secretary of Agriculture may use said Hydrographic Watershed Fund to pay for any cost or investment, compensation, services or expenses in connection with any project to be built in Puerto Rico under the provisions of the Law of the Congress of the United States of America - Public Law No. 566, approved August 4, 1954, known as the “Watershed Protection and Flood Prevention Act”, as amended (68 Stat. 666) - or under the provisions of any commonwealth law. Such payments may include the acquisition of rights of way and lands, compensation for destruction or damages to structures and plantations, to contribute with the Government of the United States toward the corresponding construction costs, payments for measurements and legal services, payments to farmers for the carrying out of the erosion control practices required for the stabilization of critical areas, and any incidental payments or expenses necessary for the construction of any such projects.
History —Apr. 20, 1967, J.R. No. 4, p. 454, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24 - Flood Prevention and Conservation Area of Beaches and Rivers (§§ 255 — 255g) › § 255 - Creation, personnel

There is hereby created in the Department of Transportation and Public Works a Flood Prevention and Conservation Area of Beaches and Rivers whose Chief and other personnel shall be appointed by the Secretary of Public Works.
History —Feb. 29, 1968, No. 6, p. 9, § 1, eff. July 1, 1968.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24 - Flood Prevention and Conservation Area of Beaches and Rivers (§§ 255 — 255g) › § 255a - Powers

The Flood Prevention and Conservation Area of Beaches and Rivers shall be in charge of the survey and control of floods; the vigilance, conservation and cleaning of beaches, the control of the extraction of sand and gravel on the beaches and river shores; the control of erosion of the beaches; the demarcation and drainage of the maritime-terrestrial zone, and the vigilance and attention of swamps which are the property of the Commonwealth of Puerto Rico.
History —Feb. 29, 1968, No. 6, p. 9, § 2, eff. July 1, 1968.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24 - Flood Prevention and Conservation Area of Beaches and Rivers (§§ 255 — 255g) › § 255b - Functioning and operational expenses

The functioning and operational expenses of the Area herein created shall be defrayed out of the sums appropriated for such purpose in the Budgetary Act.
History —Feb. 29, 1968, No. 6, p. 9, § 3, eff. July 1, 1968.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24 - Flood Prevention and Conservation Area of Beaches and Rivers (§§ 255 — 255g) › § 255c - Management of beaches; Interagency Board—Creation

The Interagency Board Act for the Management of Puerto Rico’s Beaches is hereby created to establish, in an integrated manner, the public policy for the management of Puerto Rico’s beaches. The Board shall be responsible for coordinating efforts and resources in the public and private sectors, to develop the security, beauty, conservation, and adequate use of the resource, while it promotes the orderly development of facilities, ensuring that they agree with the public policy regarding the development of internal and external tourism; it shall also take the necessary steps to protect the resource and avoid the contamination and erosion of beaches, and it shall also ensure that the local agencies concerned comply with the federal and state laws and regulations regarding the beach resource. The Board shall be able to enact administrative and operational regulations, and it shall study and suggest appropriate legislation regarding the areas under its jurisdiction. The Board shall be able to accept and spend money from public and private funds for the achievement of the objectives of §§ 255c–255g of this title, and to conduct any other necessary action for this same purpose. In the case of public funds outlays, these shall be obtained by the assignments and apportionments established by the operational budget of each participating public entity.
History —Aug. 21, 1999, No. 293, § 2, eff. 30 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24 - Flood Prevention and Conservation Area of Beaches and Rivers (§§ 255 — 255g) › § 255d - Members

(a) Composition.— The Board shall be composed of eleven (11) members, one of whom shall be its Director, who shall all be appointed by the Governor of Puerto Rico. The members of the Board shall be citizens of the United States and residents of Puerto Rico. The Secretary of the Department of Natural and Environmental Resources shall be the Director of the Board, or the official of his Agency, designated by him/her, and shall serve as its executive official; he/she may also designate another of the members as director during his/her absence. The Director shall have the authority to assign working areas and duties within the parameters assigned to this Board. Its members shall be the following: the Secretary of the Department of Natural and Environmental Resources; the Chairperson of the Environmental Quality Board; the Chairperson of the Puerto Rico Planning Board; the Secretary of the Sports and Recreation Department; the Executive Director of the National Parks Company; the Executive Director of the Puerto Rico Tourism Company; the Superintendent of the Puerto Rico Police; the Commissioner of the Office of Municipal Affairs; or any officer designated by them in their respective agencies, and two (2) members from the private sector belonging to the tourism sector.
(b) Term.— The members of the public sector appointed by virtue of this section, shall occupy their posts while their appointments as Secretaries or Directors of the aforementioned agencies are effective. The representatives from the private sector shall be appointed for a term of two (2) years. Any person appointed to fill a vacant seat from the private sector shall carry out his duties for the remainder of the effective term of the member he is succeeding and, if the term to which he was appointed expires, he may continue to carry out his duties until his successor has been appointed and takes up his post. In no way shall the vacancies that may arise in the Board damage the right of the rest of the members to exercise all of their powers.
The Governor shall have the authority to remove members for not fulfilling the obligations required by §§ 255c–255g of this title, for incompetence or for unprofessional conduct. A majority of the members of the Board shall constitute quorum.
History —Aug. 21, 1999, No. 293, § 3; Sept. 2, 2000, No. 355, § 1; Jan. 8, 2004, No. 35, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24 - Flood Prevention and Conservation Area of Beaches and Rivers (§§ 255 — 255g) › § 255e - Members—Organization; meetings

(a) In a period of no more that thirty (30) days after the designation, approval, and appointment of its members, the Director shall summon the members of the Board, who shall meet, organize, and establish an internal regulation for its administration, according to the Uniform Administrative Procedure Act of the Commonwealth of Puerto Rico, §§ 2101 et seq. of Title 3.
(b) The Board shall hold one or more regular monthly meetings in a convenient location on the Island on the day or days that the Board chooses. Special meetings may be called by the majority of the members. Notification of all the regular and special meetings shall be given to all the members, and also, to any other person that the members decide to notify.
History —Aug. 21, 1999, No. 293, § 4, eff. 30 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24 - Flood Prevention and Conservation Area of Beaches and Rivers (§§ 255 — 255g) › § 255f - Integrated work plan

The Board shall submit to the Legislature of Puerto Rico within the ninety (90) days following its composition, an integrated work plan that spans all the efforts to be integrated from all the federal and state agencies for the management of Puerto Rico’s beaches. The Plan shall be submitted in the offices of the Secretaries of the House and Senate, and shall be referred to the pertinent committee in both legislative bodies for the corresponding action.
This integrated work plan shall include, but will not be limited to: the security, beauty, conservation, and adequate use of the resource; infrastructure and development; promulgation of administrative and operational regulations; the use of the available external resources; the necessary steps to avoid the contamination and erosion of beaches; ensure the compliance with the federal and state laws applicable to this resource; study and suggest legislation; fiscal needs and economic alternatives to comply with §§ 255c–255g of this title, and any other necessary action for the same purposes.
History —Aug. 21, 1999, No. 293, § 5, eff. 30 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24 - Flood Prevention and Conservation Area of Beaches and Rivers (§§ 255 — 255g) › § 255g - Yearly report

On or before the 28th of February of each year, the Board shall present an annual report about the actions that have been executed to comply with the provisions of §§ 255c–255g of this title. Said report shall cover the calendar year that immediately precedes the year of presentation, and shall include a detailed account of the measures taken for the effective compliance with §§ 255c–255g of this title.
History —Aug. 21, 1999, No. 293, § 6, eff. 30 days after Aug. 21, 1999.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24A - Protecting “Tropical Beach” and “La Fanduca” (§§ 256 — 256b) › § 256 - Reserved swimming areas

The Department of Natural and Environmental Resources, in consultation with the Planning Board, is hereby directed to study and analyze the feasibility of installing buoys or any other type of floating [marker] in order to delimit the areas reserved for bathers on the beaches known as “Tropical Beach” and La Fanduca, in the Municipality of Naguabo, according to the distances established in the regulations approved to such ends by the Department of Natural and Environmental Resources.
History —Aug. 1, 1999, No. 209, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24A - Protecting “Tropical Beach” and “La Fanduca” (§§ 256 — 256b) › § 256a - Use of navigational vehicles prohibited

The use of jet-skis or marine motorcycles or any other type of boat, vessel or [navigational] vehicle, is hereby prohibited near the shores of “Tropical Beach” and La Fanduca in the Municipality of Naguabo.
History —Aug. 1, 1999, No. 209, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24A - Protecting “Tropical Beach” and “La Fanduca” (§§ 256 — 256b) › § 256b - Violations

The violation of this section by persons who operate a boat or vessel shall be pursuant to what is established in Act No. 48 of June 27, 1986.
History —Aug. 1, 1999, No. 209, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24B - “Adopt-a-Beach” Program (§§ 257 — 257b) › § 257 - To institute the “Adopt-a-Beach” program

The “Adopt-a-Beach” program is hereby instituted, attached to the Department of Natural and Environmental Resources, thus emulating the program bearing the same name instituted by the Sea Grant Program of the University of Puerto Rico, in order to contribute to the quality of life of the citizenry, establish a program for the cleaning and beautification of our beaches, and promote the protection of our natural resources and the environment.
History —Aug. 15, 1999, No. 250, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24B - “Adopt-a-Beach” Program (§§ 257 — 257b) › § 257a - Coordinator

The Secretary of the Department of Natural and Environmental Resources shall designate a Coordinator, who shall be responsible for the development of the Program and shall perform the functions provided in this chapter and those that may be assigned or delegated by the Secretary.
The Coordinator shall be a person of recognized moral probity and proven experience and knowledge of the matters covered by this chapter.
The Secretary shall provide the Coordinator with all the resources and personnel needed for the effective functioning of the Program and for the adequate compliance of this chapter.
History —Aug. 15, 1999, No. 250, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24C - Promotion, Protection and Conservation of the Beaches Aspiring to the Blue Flag (§§ 258 — 258e) › § 258 - Definitions

For the purposes of this chapter, the following terms and phrases shall have the meaning and scope set forth below, except when a different meaning can clearly be construed from the context:
(a) Company.— Shall mean the Puerto Rico Tourism Company created by §§ 671 et seq. of Title 23.
(b) Department.— Shall mean the Department of Natural and Environmental Resources.
(c) Board.— Shall mean the Interagency Board for the Management of the Beaches of Puerto Rico established by §§ 255c–255g of this title.
(d) Parameters.— Means the criteria that a pilot beach shall meet as established in § 258d of this title.
(e) Beach.— Shall mean the shore of the beach or ocean within the jurisdiction of the Commonwealth of Puerto Rico, formed by firm sands with slight banks, and occasionally gravel, including the portion of water next to the bank. The beaches are geologically unstable formations and may extend into the sea, or recede or disappear.
(f) Pilot beach.— Means any beach that has been selected to participate in the Program.
(g) Program.— Means the “Program for the Promotion, Protection and Conservation of the Beaches of Puerto Rico Aspiring to the Blue Flag” which is established in § 258a of this title.
(h) Blue Flag Program.— Means a worldwide campaign developed in Europe, whose initiative and responsibility rests on the European Environmental Education Foundation known as (EEEF), based on the following guidelines in order for aspiring beaches to be awarded a blue flag: water quality, compliance with environmental shoreline legislation, and planning and integrated management thereof, cleaning and services related to the safety of the users, and environmental information and education.
(i) [Non-governmental] organization.— Means the disposition and preparation of a group of people with the adequate means to achieve a specific purpose and that is not part of the State government.
History —Aug. 12, 2000, No. 173, § 3; Aug. 13, 2008, No. 269, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24C - Promotion, Protection and Conservation of the Beaches Aspiring to the Blue Flag (§§ 258 — 258e) › § 258a - Creation

The Program is hereby created, attached to the Interagency Board for the Management of Beaches in Puerto Rico, which shall, in turn, appoint a committee chaired by the Puerto Rico Tourism Company, which shall be implemented pursuant to the provisions of this chapter. This Program pursues the selection of pilot beaches, the promotion thereof and other measures needed to make possible for said beaches to attain the Blue Flag Program award, thus promoting internal, as well as foreign tourism, while, in turn, encouraging the protection and conservation of the beaches.
History —Aug. 12, 2000, No. 173, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24C - Promotion, Protection and Conservation of the Beaches Aspiring to the Blue Flag (§§ 258 — 258e) › § 258b - Coordination

To achieve the purposes of the Program, the committee chaired by the Company shall coordinate with the entities of the private and the public sector (including the Board), the resources and efforts directed to the compliance of the parameters by the pilot beaches. It is further provided that attuned to the regulations established by the Foundation for Environmental Education, the Company, together with a non-government, nonprofit organization recognized for its commitment to protect and conserve the natural and environmental resources, and that is also a member of the Foundation for Environmental Education, through an agreement of cooperation for the co-management of the Blue Flag Program, shall be responsible for ensuring compliance with the principles and for attaining the objectives of the Program.
History —Aug. 12, 2000, No. 173, § 5; Aug. 13, 2008, No. 269, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24C - Promotion, Protection and Conservation of the Beaches Aspiring to the Blue Flag (§§ 258 — 258e) › § 258c - Selection of pilot beaches and extent

The Committee chaired by the Company, and in consultation with the Board and participating entities of the private sector, shall select the pilot beaches, which shall initially be the beaches that have the greatest probability of meeting the parameters, and those to which the program may later be extended.
History —Aug. 12, 2000, No. 173, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 3 - Water Protection (§§ 231 — 417) › Chapter 24C - Promotion, Protection and Conservation of the Beaches Aspiring to the Blue Flag (§§ 258 — 258e) › § 258e - Reports

The Committee chaired by the Company shall submit biannual reports on the activities of the Program to the Legislature and the Governor, on or before the 1st of January and the 1st of July, respectively.
The report shall include data on the selection of pilot beaches, the coordination carried out by the committee chaired over by the Company, and the publicity and other activities that it is carrying out for the execution of the Program. Said report shall also include any suggestion or recommendation for changes to the Program. The Program may also receive appropriations or donations from the Commonwealth Fund.
History —Aug. 12, 2000, No. 173, § 10.