2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15 - Forest Act of Puerto Rico (§§ 191 — 204) › § 196 - Secretary of Natural and Environmental Resources—Duties and powers

The Secretary of Natural and Environmental Resources shall have the following duties and powers, among others:
(a) Supervision of the personnel, the appropriations and of the expenditures.—
(1) To procure the necessary funds and administer the same in order to achieve an effective functioning of the Forest Service pursuant to the provisions herein, including the necessary funds for permanent improvement and for special programs or activities.
(2) To supervise the use of funds appropriated for the operation of the Forest Service, including the special fund herein provided.
(3) To provide such buildings, machinery, facilities, equipment and materials for the Forest Service as may be necessary and proper for the protection, use and extension of the forests and of the resources and forest products.
(b) Forestation.—
(1) To encourage forest and tree planting and reforestation. For such purposes the Secretary of Natural and Environmental Resources shall produce trees and establish, protect and preserve the planting of such trees on land of public ownership. Likewise he shall provide seeds and plants and offer technical assistance free of charge for the planting, reforestation, protection and conservation of timber forests on lands privately owned. Furthermore, he may assist, cooperate and agree with other government agencies and private persons on the use of trees for forestation and rural and urban ornamentation under such terms as in his judgment will best serve the public interest, advancing forestry development in accordance with the purposes of this chapter.
(2) To plant, establish, protect and preserve trees, shrubs or such other plants as may be proper for such purpose within the limits of public or private lands when he deems that the products and services to be provided by such vegetation are critical to the public interest if such need cannot be satisfied within a reasonable time in any other way; Provided, That the planting of trees within the limits of any private lands under this provision shall not be carried out by the Secretary until and after the expiration of thirty days of the service of notice and of having given the parties concerned an opportunity to be heard in their favor. The Secretary of Natural and Environmental Resources may, upon declaration of public utility, and pursuant to the existing laws, acquire such private lands or pay a fair rental to the landowner for the use of the land.
(3) To produce or acquire, by any lawful means, such trees, plants and shrubs and their seeds, cuttings, or other materials by which they may be propagated, and to sell or otherwise dispose of the propagation materials so produced or acquired under such terms and conditions as in the judgment of the Secretary may best serve public interest.
(c) Technical investigations, studies and promotion.—
(1) To conduct the necessary studies to develop and make public the most suitable techniques for reforestation, management of forests and use of forest products; Provided, That to carry out this provision, the Secretary of Natural and Environmental Resources may contract and cooperate with private individuals and public and private agencies, organizations and institutions and may receive donations from cooperators under such conditions as he may deem reasonable. Donations in cash for this purpose shall be covered into the special fund provided hereunder and shall be available until expended as agreed upon.
(2) To carry out educational programs to encourage public interest in forestry, by giving information of a general or specific character concerning it through any appropriate means of publicity. To this end the Secretary of Natural and Environmental Resources shall collaborate with public and private agencies and instrumentalities.
(d) Care and management of Commonwealth Forests.—
(1) To permit in the Commonwealth Forests such use of land as may be compatible with the development of the maximum and continuous yield of any forest product, service and utility, under such conditions as may protect the public interest as well as with due regard to environmental quality.
(2) To provide the products and services of the Commonwealth Forests uninterruptedly and without sacrificing the purposes and services for which said forests are maintained. For such purpose the Secretary of Natural and Environmental Resources is hereby authorized to:
(A) Dispose of by sale, license, permit or any other appropriate means, any timber or derived or processed products thereof, wood, resin, forage or any other forestry product on the land, except minerals. Any disposition of any such forestry products by sale, license, permit or any other appropriate means, whose value exceeds ten thousand dollars ($10,000), shall be made by an auction previously advertised in a newspaper of general circulation in Puerto Rico; Provided, That for those forestry products whose value is not in excess of ten thousand dollars ($10,000) or less may be disposed of by sale, license, permit or any other appropriate means without the requirement of an auction. The Secretary of Natural and Environmental Resources shall establish through regulations the norms and criteria for fixing the price for disposing of said products. Said regulations shall be supplemented by administrative price orders for disposing of said products. Neither will the auction requirement be necessary for the sale or disposition of forestry products or derivates thereof to be used by or in connection with a public works improvement program or for the benefit of a federal, Commonwealth, or municipal government agency or for public entities, in which case the Secretary may make donations of such products to the same entity up to a maximum of five thousand dollars ($5,000) during the corresponding fiscal year.
However, the Secretary of Natural and Environmental Resources through regulations to such effects will set aside a specific amount of wood, based on the pertinent scientific criteria, to be sold and used in order of priority by the artisans certified by the Board of Directors of the Program for the Integral Development of Puerto Rican Artisanry as established by Act No. 5 of July 18, 1986. Likewise, preference shall be given to the Puerto Rican sculptors certified as such by the Institute of Puerto Rican Culture.
(B) Subject to his supervision and regulation, at a reasonable charge, and at intervals of not more than fifteen years, under such terms and conditions as he may prescribe, he may lease or otherwise grant, under limited permit the use by public or private agencies or natural or juridical persons, of structures or facilities located within Commonwealth Forest lands and the occupancy and use of any land, water or other commodities or resources of the forests, except minerals, which may be consistent with the purposes for which the forests are established and maintained. As a condition to grant such permits under this provision, the Secretary of Natural and Environmental Resources may require the users to recondition and maintain, with their own money, the structures, lands, and ways of access in satisfactory condition.
(C) Determine the rates that the leaseholders or concessionaires are to be charged for the use of land or facilities located in Commonwealth Forests, related to the installation, maintenance, or operation of electronic communication equipment and its buildings. Said rates shall be determined through regulations, prior to the determination of sufficiency regarding the criteria of reasonableness that justify their amount.
The value of the electronic equipment shall be determined on the basis of its purchase price, and the value of the buildings on the basis of their original cost. In order to determine the charges the leaseholder or concessionaire will pay after the annual rate has been fixed through regulations, every leaseholders or concessionaire shall be duty bound to submit a sworn annual report, in writing, to the Secretary with regard to the electronic equipment he/she is using, any change or addition thereto, and the improvements made to the buildings, if any.
The Secretary may increase the rates or rent to be paid by any leaseholder or concessionaire in five-year periods, for up to five percent (5%) of the total of the rate in effect at the time of the revision.
For access of easements on the land under lease in the Commonwealth Forests, the Secretary may charge up to a maximum of six percent (6%) of the value of the land comprised in the easement, according to the appraisal received by the Secretary of the Treasury. The Secretary shall request that the land subject to easement be appraised every five (5) years. When the same easement is used by more than one leaseholder or concessionaire, the payment of the lease shall be divided equally among all the users.
The Secretary may impose a surcharge for overdue rent that shall not exceed ten percent (10%) per annum, of the total balance in arrears, thirty (30) days after the date the notice of indebtedness was sent by certified mail. If the balance owed, including surcharges, is not paid within ninety (90) calendar days from the notice of indebtedness sent by the Secretary, the latter may order the lease or concession permit to be revoked and order the land subject to the lease or concession In question to be restored. Before the revocation process is initiated, the Secretary shall notify the fact to the leaseholder or concessionaire by certified mail with acknowledgement of receipt.
(3) To provide outdoor passive recreational opportunities as an integral trait of Commonwealth Forests. To said ends the Secretary of Natural and Environmental Resources may plan, construct, operate and maintain or otherwise provide facilities for outdoor passive recreation in Commonwealth Forests.
(e) Rules and regulations.— To make rules and regulations and to amend the same at his discretion, to regulate everything related to the forests and to the Forest Service and its activities in accordance with the provisions of this chapter.
All rules and regulations made hereunder shall have the force and effect of law upon compliance with the requirements established in the Puerto Rico Rules and Regulations Act, Act No. 112 of June 30, 1957.
(f) Contracts.— To execute all kinds of agreements and contracts, including but not limited to the purchase and sale of timber, be it in the form of trees, logs, processed or in any other form, with natural or juridical, private or public persons and with federal, Commonwealth or municipal agencies and bodies, under the terms and conditions it deems necessary or convenient for the best application and performance of this chapter and the achievement of its purposes.
(g) Management plan.— The Secretary shall manage the Commonwealth Urban Forests or execute management agreements with nonprofit organizations, municipalities and agencies of the Government of Puerto Rico.
History —July 1, 1975, No. 133, p. 393, § 6; Aug. 10, 1988, No. 161, p. 692, § 1; Aug. 30, 1990, No. 76, p. 462; Aug. 19, 1994, No. 94, § 1; Aug. 7, 1998, No. 190, § 2; Aug. 9, 1998, No. 214, § 1.