reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 12A - Unification of State Forests (§§ 135 — 140) › § 135 - Definitions

For the purposes of this chapter, the following terms and phrases shall have the meaning stated below:
(a) Biological corridor.— Means the natural space that has two (2) or more forest systems, with the purpose of expanding the habitat of the species, thus facilitating their free reproduction and migration.
(b) Buffer zone.— Means the natural band that borders forestry systems, whose function is to protect their integrity, serving as a transitional area between wildlife and the anthropological effect.
(c) Forests.— Means biological communities dominated by trees or woody bushes, and including other associated types of flora and fauna that [are] found [on] public or private urban or rural land.
(ch) Auxiliary forests.— Means the classification of land made by the Secretary of the Department of Natural and Environmental Resources pursuant to § 200 of this title, part of the law known as the “Puerto Rico Forest Act”.
(d) Natural preserve.— Means those areas thus designated by the Planning Board through a resolution, that due to their physical, ecological, geographical characteristics and the social value of their existing natural resources, merit conservation, preservation, or restoration to their natural condition in harmony with the public objectives and policies of the Puerto Rico Land Use Plan, adopted by the Board on June 8, 1977, and by the Governor on June 22, 1977.
(e) Secretary.— Means the Secretary of the Department of Natural and Environmental Resources.
(f) Board.— Means the Puerto Rico Planning Board.
History —Jan. 9, 1999, No. 14, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 12A - Unification of State Forests (§§ 135 — 140) › § 136 - Clearing of the biological corridors and delimiting of buffer zones; powers and duties of the Secretary

Within the framework of his/her respective powers, the Secretary is directed to perform the following actions, as well as any others that are convenient and necessary for the purposes of this chapter:
(a) Identify the lands located between the state forests of Maricao, Susúa and Guánica; and those of Guilarte, Pueblo de Adjuntas, and Toro Negro. Any area of soil formed by wooded lands comprised by the formation of two (2) biological corridors shall be deemed as lands between the state forests; one between the forests of Maricao, Susúa and Guánica, and the other between the forests of Guilarte, Pueblo de Adjuntas and Toro Negro, and the buffer zones to be established for them.
(b) Perform a study and evaluation in order to demarcate or clear the land to be used to determine the biological corridors that join these forests.
(c) Delimit the needed buffer zones.
(d) Prepare plans to acquire, on behalf of and in representation of the Government of Puerto Rico, the lands as well as any right thereon, that comprise the biological corridors indicated and the buffer zones, provided said lands are not classified as auxiliary forests nor designated as state forests, and that their title is not an obstacle to the establishment of the biological corridors nor the buffer zones.
(e) Promulgate regulations under this chapter to meet the purposes stated therein.
It is further provided, that the Secretary shall establish an effective communication with the Secretary of Agriculture to harmonize agricultural practices with the maintenance of the forest land, and the proprietors of forest land that could be comprised by the biological corridors and the buffer zones, in order to orient them on the possibility that [their land] could thus be classified as auxiliary forests, in which case they would not be acquired in the name of the Government of Puerto Rico under this chapter, unless their title would be an impediment to the installation of the biological corridors proposed, or the buffer zones.
History —Jan. 9, 1999, No. 14, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 12A - Unification of State Forests (§§ 135 — 140) › § 137 - Regulations

The drafting of the regulations shall require the holding of public hearings in the areas concerned, in such a way that the community can have the opportunity to express itself with regard to this chapter, and the contents of said regulations.
Among other things, said regulations shall include the following:
(a) Once the required public hearings are held, in which the initially proposed tracings to establish the biological corridors and buffer zones to unify the state forests of Maricao, Susúa, Guánica, Guilarte, Pueblo de Adjuntas and Toro Negro, have been submitted, and what has been stated therein has been taken into consideration in order to unify the state forests, these shall be included and clearly indicated in the regulations.
(b) The regulations shall include the standards that must be observed in the biological corridors and buffer zones. [They] shall also provide the guidelines and requirements that apply to the cleared or partitioned land, related to the permitted use, restrictions, incentives and other specific conditions pertinent to the biological corridors and buffer zones.
(c) These regulations shall forbid the construction of dwellings, the development of urbanization, shopping centers, industries or any other type of urban or commercial development that could threaten the integrity of the forests and the conservation of the corridors, buffer zones and wildlife. The construction of dwellings and highways shall be restricted.
(d) These regulations shall establish the standards that will be followed to improve or extend the roads when needed.
After having drafted the regulations as provided in this section, the Secretary and the President of the Board shall submit it for the approval of the Legislature at the beginning of the Sixth Regular Session of 1999. Together with the regulations, they shall present a report on the costs and expenses needed to implement this chapter, including the use of the available funds collected through the authorization provided herein.
History —Jan. 9, 1999, No. 14, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 12A - Unification of State Forests (§§ 135 — 140) › § 138 - Access routes

The Highways and Transportation Authority is hereby directed to study the access routes existing in the area of the proposed biological corridors and buffer zones. It is further provided that they shall evaluate and submit to the Secretary, alternate detours, routes or any other solution addressed to protect the integrity of said area, predicated on a conviction that to bisect the natural areas is counterproductive to these systems. These options shall be presented to the communities concerned at the public hearings to be held prior to the preparation of the regulations referred to in § 137 of this title.
After having received the input of the persons concerned in the public hearings, the Highways Authority and the Department of Transportation and Public Works shall determine, as pertains to their respective powers, the routes, detours, or any other solution that shall be implemented to protect the designated area that comprises the biological corridors and buffer zones.
History —Jan. 9, 1999, No. 14, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 12A - Unification of State Forests (§§ 135 — 140) › § 139 - Advisory Committee

An Advisory Committee is hereby created that shall be chaired by the Secretary and shall be composed of the following permanent members or a representative designated by them: the Secretary of the Department of Agriculture, the Secretary of the Department of Transportation and Public Works, the Chairperson of the Planning Board, the Director of Land Administration, the Director of the Municipal Revenues Collection Center, the mayors of the municipalities of Jayuya, Ciales, Orocovis, Peñuelas, Adjuntas, Yauco, Sabana Grande, San Germán, Maricao, Guánica, Guayanilla, Arecibo and Utuado; one or two (2) members of the scientific or academic community, and any other member that the Secretary deems is needed, whose function is related to the purposes of this chapter, and is empowered to render the technical and professional advice needed to implement the same, voluntarily; and by two (2) persons from the private sector and nonprofit entities that are selected by the Secretary.
The main function of this Committee shall be to draft a master plan that shall include the following:
(a) The identification of lands between the state forests of Maricao, Susúa, and Guánica; and between the Guilarte, Pueblo de Adjuntas and Toro Negro forests that comprise the tracing of two (2) biological corridors and the buffer zones to be established;
(b) the demarcation of needed borders in the buffer zones;
(c) a clearing plan for the biological corridors and buffer zones;
(d) an inventory of the existing flora and fauna; tracings for the biological corridors and buffer zones;
(e) proposed trails for the area;
(f) the creation of incentives for the owners of the identified lands to be comprised [of] the biological corridors or buffer zones;
(g) the design of an educational and promotional campaign for the protection and knowledge of the forest system of the Central Mountain Ridge and the coast;
(h) a design for the identification of possible recreational areas in the forest system;
(i) the rezoning of the areas that comprise the forest system and buffer zones;
(j) a diversified plan to stimulate the economic activity of forest products for the neighboring communities of the [forest] system;
(k) identify the sources of income for the execution of this chapter, and
(l) an itinerary of acquisitions or agreements with the landowners for the conversion of these private lands to biological corridors [and] buffer zones.
The master plan drafted by the Advisory Committee shall be submitted to the Secretary, who shall use it as a guide, preserving, in the last instance, the power to modify it, if he/she deems it is necessary for the proper exercise of his/her powers and duties under this chapter.
History —Jan. 9, 1999, No. 14, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 12A - Unification of State Forests (§§ 135 — 140) › § 140 - Incentives

The Secretary is hereby empowered to design attractive incentives for the owners of the lands that are included in the biological corridors or buffer zones, so that they will collaborate in the achievement of the objectives of this chapter; stimulate economic activity in the forests through technical assistance, [the] planting of timber-yielding trees, [the] replanting of barren and agricultural lands; establishing of aviaries for the reproduction of captive species in danger of extinction; and any other uses consonant to the purposes and objectives of this chapter.
History —Jan. 9, 1999, No. 14, § 8.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 14 - Green Puerto Rico Reforestation Program (§§ 181 — 186) › § 181 - Creation

The “Green Puerto Rico Reforestation Program” attached to the Forest Service Bureau of the Department of Natural and Environmental Resources is hereby created.
History —Dec. 21, 2010, No. 214, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 14 - Green Puerto Rico Reforestation Program (§§ 181 — 186) › § 182 - Statement of public policy

It shall be the public policy of the Government of Puerto Rico to develop and execute a plan to plant trees in order to reforest urban and deforested areas of our Island.
Such policy is hereby adopted in compliance with the constitutional principle stated in Article VI, Section 19 of the Constitution of Puerto Rico, which requires the most effective conservation, use, and development of natural resources.
History —Dec. 21, 2010, No. 214, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 14 - Green Puerto Rico Reforestation Program (§§ 181 — 186) › § 183 - Responsibilities of the Forest Service Bureau of the Department of Natural and Environmental Resources

The Forest Service Bureau of the Department of Environmental and Natural Resources shall be responsible for implementing and enforcing this chapter. Furthermore, the Forest Service Bureau shall have the authority and shall:
(a) Establish guidelines to determine which trees shall be planted, as well as the areas to be impacted.
(b) Establish mechanisms to determine the location of deforested areas, as well as urban areas in which trees shall be planted.
(c) Acquire, by purchase or gift, trees and materials to be used in the afforestation of the various areas.
(d) Evaluate and recommend the appropriate sites where tree plantings shall be carried out.
(e) Adopt, amend, or repeal such regulations as necessary for the implementation, administration, and compliance with this chapter.
(f) Develop a massive educational campaign on the importance of the active participation of all community sectors in the design and implementation of the Program.
History —Dec. 21, 2010, No. 214, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 14 - Green Puerto Rico Reforestation Program (§§ 181 — 186) › § 184 - Program monitoring

The Program Director, with the consent of the Secretary of the Agency, shall establish a process of supervision, management, and irrigation of crops in forested areas.
History —Dec. 21, 2010, No. 214, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 14 - Green Puerto Rico Reforestation Program (§§ 181 — 186) › § 185 - Program budget

Expenses incurred for the implementation of the “Green Puerto Rico Reforestation Program” shall be defrayed from the own funds of the Forest Service Bureau of the Department of Natural and Environmental Resources. In subsequent years, the Secretary of the Department of Natural and Environmental Resources shall include the amounts necessary to operate the program in its budget request. Furthermore, the matching of funds allocated from private, state, local, or federal donations is hereby authorized.
History —Dec. 21, 2010, No. 214, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 14 - Green Puerto Rico Reforestation Program (§§ 181 — 186) › § 186 - Acceptance of donations

The Forest Service Bureau of the Department of Natural and Environmental Resources is hereby authorized to accept, on behalf of the Government of Puerto Rico, all monetary contributions or other donations from private citizens and businesses, as necessary and convenient for the purposes of this chapter.
History —Dec. 21, 2010, No. 214, § 6.
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) › § 191 - Short title

This chapter shall be known as “Puerto Rico Forest Act”.
History —July 1, 1975, No. 133, p. 393, § 1.
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) › § 192 - Forest policy

It is hereby declared that the public forest policy of the Commonwealth of Puerto Rico, is the following:
(a) Forests are a natural and unique resource because of their capacity to preserve and restore the ecological balance of the environmental surroundings; they conserve the soil, water, flora and fauna; they supply timber products; they provide a wholesome environment for outdoor recreation and for the spiritual inspiration and relaxation of man, and forestry provides a rural source of employment. Forests constitute, therefore, an essential heritage, which demands their maintenance, conservation, protection and expansion in order to secure their full benefit and enjoyment for this generation, as well as a legacy for future generations.
(b) Forest products and benefits shall be used wholly and efficiently for the purpose of prolonging their utility.
(c) Forest lands belonging to the Commonwealth in which the products, services and utilities mentioned constitute their real value or highest potential shall be declared and designated as Commonwealth Forests and they shall be kept forested, developed and managed rationally in order to obtain the maximum and continuous yield of these products, services and utilities. Likewise, municipal lands with forestry value located in urban areas whose title is transferred to the Commonwealth shall be designated and declared as Commonwealth Urban Forests and shall be managed by the municipalities as provided in this chapter.
(d) The owners or assignees of forest lands privately owned should contribute, within the realm of possibilities, to maintain and preserve the forest, thus preventing that they be unnecessarily destroyed or eliminated or that they be devoted to a use of less necessity than forests.
(e) It shall be the responsibility of the Government to develop and establish the necessary measures for forest conservation and promote private initiative to such purposes.
History —July 1, 1975, No. 133, p. 393, § 2; Aug. 7, 1998, No. 190, § 1.
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) › § 194 - Forest Service

There is hereby created the Puerto Rico Forest Service under the direction and supervision of the Secretary of Natural and Environmental Resources, which service shall comprise the powers and duties herein set forth.
History —July 1, 1975, No. 133, p. 393, § 4.
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) › § 195 - Personnel of Forest Service

(a) The Secretary of Natural and Environmental Resources is empowered to appoint a Chief of the Forest Service. Said Chief shall be the executive officer of the Service, and shall be charged with the immediate direction and control (subject to the supervision and approval of the Secretary of Natural and Environmental Resources) of all matters relating to forestry and such other matters as the Secretary of Natural and Environmental Resources may entrust to him.
The Chief of Forest Service shall have completed a full course of studies in an accredited university or college obtaining a bachelor’s degree or a higher degree with specialty in forestry or agricultural sciences.
The candidate shall have at least three years’ experience as supervisor, whether in forestry or agronomy, clearly showing that he has acquired the knowledge, skill and ability necessary to assume the responsibility of the office.
(b) The Secretary of Natural and Environmental Resources is authorized to establish the internal organization of the Forest Service and to appoint all the necessary personnel and to define the duties of that personnel.
The forest rangers shall have police powers concerning all matters relating to or connected with the forests and the enforcement of any of the provisions of this chapter and of the regulations which by virtue thereof are promulgated by the Secretary of Natural and Environmental Resources.
History —July 1, 1975, No. 133, p. 393, § 5.
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) › § 197 - Forest Development Special Fund

All income accruing from any Commonwealth Forest or from any activity within the scope of this chapter shall be deposited by the Secretary of the Treasury in a special fund which shall be designated as the “Forest Development Special Fund” to be used by the Secretary of Natural and Environmental Resources for the improvement and development of the Commonwealth Forests in activities such as acquisition of forest land, reforestation and the establishment, extension and improvement of facilities for a better use of the forests and for passive recreation, and any others that are necessary or convenient for the best application and performance of this chapter and achievement of its purposes. Provided, That for Fiscal Year 2014-2015, the sum of two hundred fifty thousand dollars ($250,000) shall be transferred from this Fund to the Legal Liability Fund.
History —July 1, 1975, No. 133, p. 393, § 7; Aug. 10, 1988, No. 161, p. 692, § 2; July 1, 2014, No. 78, § 13.
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) › § 198 - Unlawful acts in Commonwealth Forests

It is hereby forbidden to commit any of the following acts in Commonwealth Forests, except by express authorization in writing of the Secretary of Natural and Environmental Resources.
(a) Damages to property.— The cutting down, killing, [causing the deterioration of], bud pruning, uprooting or otherwise injuring or deteriorating any tree, forest product or vegetation and likewise to destroy, alter, remove or injure any other property of the Commonwealth of Puerto Rico.
(b) Unlawful fire.— Burning or causing the burning of any structure, timber, shrubbery or grass.
(c) Unlawful pasturing of cattle.— Pasturing or conducting through any Commonwealth forest any cattle, or refusing to drive out the same upon notification by any authorized officer.
(d) Unlawful tenancy.— The establishing of [oneself] without any right in a Commonwealth forest or installing [oneself] therein or building or maintaining any class of structure, work or vehicle for peddling.
(e) Signs and boundaries.— To remove, deteriorate or destroy any fence, notice, sign, landmark or mark set by the Department of Natural and Environmental Resources along the borders of or within a Commonwealth forest.
(f) Hunting.— To hunt, capture, molest or take the eggs of any kind of wild animal within a Commonwealth forest.
(g) Depositing of waste.— To throw, discard or dump solid or liquid waste outside of the receptacles provided in Commonwealth Forests for said purpose. It is to be understood that waste is any paper, wrapping, can, bottle, cigarette or cigar butts, fruit, burnt ashes of wood; or chemical substances that are harmful to the flora, fauna, or soil or subsoil; domestic appliances; land, sea or air vehicles, or parts thereof.
History —July 1, 1975, No. 133, p. 393, § 8; Aug. 10, 1988, No. 161, p. 692, § 3; Aug. 7, 1998 No. 190, § 3; Dec. 24, 1998, No. 315, § 1.
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) › § 201 - Forest employment

The Secretary of Natural and Environmental Resources is hereby authorized to use the necessary forest work, as a source of employment to mitigate rural poverty, to educate unruly children and to rehabilitate convicts. For this purpose he is hereby authorized to enter into agreements with the governmental agencies mainly responsible in dealing with these problems, to develop projects of mutual benefit and to use commonwealth forest lands as a place to employ personnel or otherwise implement these objectives.
History —July 1, 1975, No. 133, p. 393, § 11.
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) › § 202 - Refuges

In order to protect the dwindling population of wildlife species in our forests, it is hereby declared that all present and future commonwealth forests are refuges for any wildlife species, bird or game animal or any other kind of bird whether native or migratory. Hereafter and as long as any of such refuges be continued, the Secretary of Natural and Environmental Resources shall see to the enforcement of each and every law, rule or regulation supplementary thereto that he may prescribe for the protection of birds in such refuges. The Secretary of Natural and Environmental Resources may, by written authorization under such terms and conditions as he may deem advisable, permit the hunting or capture of any bird within the limits of said refuges for scientific, zoological or educational purposes, propagation in captivity or any other special purpose; Provided, That nothing contained herein shall be construed in the sense of being against or in conflict with any commonwealth or federal legislation in force relating to the wildlife species and to hunting in general.
History —July 1, 1975, No. 133, p. 393, § 12.
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) › § 203 - Forest and hunting wardens

All Commonwealth Forest officers are hereby designated forest rangers and hunting wardens and shall have the same authority as the commonwealth police to make arrests with or without a warrant when there is committed in their presence within the Commonwealth Forests a violation of any law or regulation in force.
History —July 1, 1975, No. 133, p. 393, § 13.
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) › § 203a - Administrative fines, orders of the Secretary, and aid of jurisdiction

The Secretary of Natural and Environmental Resources is hereby empowered to impose administrative fines for violations of this chapter and the regulations approved thereunder after holding quasi-judicial public hearings. The administrative fines shall not exceed fifty thousand dollars ($50,000), nor shall they be less than fifty dollars ($50) or greater than five hundred dollars ($500) for each affected tree. Whenever necessary, the Secretary shall order the reforestation and restoration of the affected areas, taking into account the ecological and scientific factors convenient to the forest and the public interest involved. The funds accruing from said administrative fines shall be covered into the Special Forest Development Fund to be used for the purposes sought by this chapter.
In the event of subsequent violations, the Secretary, in the exercise of his/her discretion, may impose an administrative fine of not less than five thousand dollars ($5,000) nor greater than fifty thousand dollars ($50,000) after holding an administrative hearing, as provided in § 203b of this title.
The elimination of a tree as an incidental practice to agricultural development in a farm shall be [excepted] from this section, insofar as a soil conditioning and sowing plan is contemplated. Such plan shall be sent to the Department of Natural and Environmental Resources once the agricultural development is approved.
The Secretary of Natural and Environmental Resources or his authorized representatives shall have the power to receive testimony, take oaths, issue summons requiring the appearance of witnesses or the presentation of documentary or any other kind of evidence. He may likewise, issue orders for compliance or noncompliance and to cease and desist.
The Secretary of Natural and Environmental Resources may appear before the Court of First Instance of Puerto Rico to request an order enforcing compliance with any summons, resolution or order issued by him.
History —July 1, 1975, No. 133, p. 393, added as § 14 on Aug. 10, 1988, No. 161, p. 692, § 5; July 26, 2010, No. 85, § 1.
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) › § 203b - Administrative hearings

At the administrative hearings of a quasi-judicial nature mentioned in § 203a of this title the persons involved shall have the following rights, among others:
(a) To be notified, personally or through certified mail with acknowledgement of receipt, about the proceeding to be held and to be informed of the facts upon which it is based, at least fifteen (15) days prior to the date of the hearing.
(b) To appear personally or represented by counsel and with the technical assistance he deems necessary.
(c) To declare and present oral and documentary evidence.
(d) To examine and cross-examine witnesses.
(e) To require that the appearance of witnesses and presentation of evidence be ordered.
(f) That a stenographic record of the hearing or its equivalent, be prepared.
(g) That the decision be taken only on the basis of the evidence presented at the hearing.
(h) That the decision specifies the proven facts and states the conclusions of law upon which it is based separately.
(i) That the hearing be a public one unless this right is waived.
(j) That the persons participating in the investigation which gives rise to the process are not appointed as examiners in the hearing.
(k) That any type of brief filed or issued with relation to the hearing process be notified to all parties concerned.
History —July 1, 1975, No. 133, p. 393, added as § 15 on Aug. 10, 1988, No. 161, p. 692, § 6.
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) › § 203c - Reconsideration and judicial review

Any party adversely affected by a resolution, order or decision of the Secretary of Natural and Environmental Resources, may request its reconsideration within the term of fifteen (15) days after the date such resolution, order or decision is served.
The filing of the request for reconsideration will not exempt any person from complying with and obeying any decision or order, nor will it operate in any way as a suspension or postponement of its effectiveness, except by a special order of the Secretary of Natural and Environmental Resources. The resolution or decision issued by the Secretary of Natural and Environmental Resources during the reconsideration process shall be final and binding unless the party or parties who are adversely affected request a review before the Court of First Instance of Puerto Rico, San Juan Part, within thirty (30) days following the date the notification is received. It shall be an indispensable requirement to request the reconsideration of the decision or order of the Secretary prior to going before the courts for a judicial review of said order or decision. The Secretary will have thirty (30) days to decide the requested reconsideration after which, if he has not issued a decision, it shall be deemed to be denied. The Secretary will notify the affected party of the decision on the requested reconsideration or the fact that it has been denied because the term provided above has elapsed. The filing of any resolution, order or decision of the Secretary of Natural and Environmental Resources for review will not stop the effects of said resolution, order or decision unless the court so orders by request of the interested party after prior hearing and determination that the party against whom the resolution, order or decision has been issued will suffer grave or irreparable damage if such suspension is not decreed.
History —July 1, 1975, No. 133, p. 393, added as § 16 on Aug. 10, 1988, No. 161, p. 692, § 7.
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) › § 204 - Penalties

Any violation of any provision of this chapter or its regulations shall constitute a misdemeanor and, upon conviction, the accused shall be punished by a fine of not less than five hundred dollars ($500) nor greater than five thousand dollars ($5,000), or imprisonment for a term of not less than five (5) days nor more than ninety (90) days, or both penalties at the discretion of the court.
The violation by any natural or juridical person of any resolution, decision, or order issued by the Secretary of Natural and Environmental Resources under this chapter or its regulations shall also constitute a misdemeanor punishable by the aforementioned penalties.
History —July 1, 1975, No. 133, p. 393, § 14, renumbered as § 17 and amended on Aug. 10, 1988, No. 161, p. 692, § 8; Aug. 11, 2005, No. 45, § 1; July 26, 2010, No. 85, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15A - Reforestation, Management and Conservation of Living Resources Program in the Natural and Environmental Resources Administration (§§ 211 — 214) › § 211 - Creation

The Reforestation and Management and Conservation of Living Resources Program, henceforth “the Program” is hereby created at the Forestry Service Bureau of the Natural and Environmental Resources Administration, attached to the Department of Natural and Environmental Resources, to attend to the urgent need to plant, care for and manage trees in the rural and urban zones of Puerto Rico. The Program shall be charged with promoting the conservation and protection of watersheds, the areas designated as Commonwealth forests, the natural reserves and wildlife sanctuaries, the special planning areas, the estuaries, wetlands and private forested lands as well as those areas identified within the urban zones that need a substantial increase of their vegetative cover.
History —Aug. 7, 1998, No. 195, § 1, retroactive to July 1, 1998.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15A - Reforestation, Management and Conservation of Living Resources Program in the Natural and Environmental Resources Administration (§§ 211 — 214) › § 212 - Formulation of strategies

The Program shall set forth the strategies and develop the mechanisms and work plans needed to achieve the following objectives:
(a) Produce and distribute native, autochthonous, rare, critical, threatened, or endangered species of trees, as well as suitable exotic trees that may help to achieve the reforestation purposes provided in this chapter.
(b) Substantially improve the facilities of the Department of Natural and Environmental Resources used for the production of vegetation.
(c) Acquire by purchase, donation, gift, exchange, assignment, lease, expropriation or other legal means, the land needed to establish the proper infrastructure for the local production of the needed vegetation; as well as the land that is suitable for forestation, reforestation and other forested lands that the Secretary of Natural and Environmental Resources determines should be protected and managed as part of the areas of natural wealth of Puerto Rico.
(d) Acquire by purchase or donation all the vegetation needed to achieve the purposes of this chapter, through agreements or commercial transactions with the owners of private lands or with local providers and suppliers, as well as through the purchase, donation and importing by foreign providers or suppliers pursuant to the applicable laws and regulations.
History —Aug. 7, 1998, No. 195, § 2; Aug. 12, 1999, No. 232, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15A - Reforestation, Management and Conservation of Living Resources Program in the Natural and Environmental Resources Administration (§§ 211 — 214) › § 213 - Authorizations by the Secretary

The Secretary of Natural and Environmental Resources is hereby authorized to perform the pertinent transactions with and provide incentives to groups of students and community and nonprofit organizations duly registered with the Department of State through regulations, for the provision of the labor needed to establish the reforestation projects through the planting and maintenance of trees on public lands.
The Secretary is further authorized to make the necessary efforts to offer incentives to private land owners in the rural zones who enter into agreements with the Department of Natural and Environmental Resources for the planting and management of trees under the reforestation programs.
History —Aug. 7, 1998, No. 195, § 3, retroactive to July 1, 1998.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15A - Reforestation, Management and Conservation of Living Resources Program in the Natural and Environmental Resources Administration (§§ 211 — 214) › § 214 - Recruitment by Secretary

The Secretary of Natural and Environmental Resources shall temporarily reassign and recruit for the Program, whatever personnel from the Department of Natural and Environmental Resources deemed necessary to achieve the purposes of this chapter.
History —Aug. 7, 1998, No. 195, § 4, retroactive to July 1, 1998.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15B - Foster Planting of Fruit and Seed-Bearing Trees (§§ 215 — 215e) › § 215 - Definitions

For the purposes of this chapter the following terms shall have the meaning[s] expressed below:
(a) The Commonwealth of Puerto Rico.— Shall mean the Island of Puerto Rico, the Islands of Vieques, Culebra, Mona, Caja de Muertos and all other keys under the jurisdiction of the Commonwealth of Puerto Rico.
(b) Wild birds.— Shall mean any species of temporary or permanent resident birds whose natural breeding does not depend on the zeal, care or breeding of its owner and which is found in its natural state, whether native or having adapted to the Commonwealth of Puerto Rico; or any species of migratory birds or exotic species which have been introduced to the Commonwealth of Puerto Rico.
History —June 25, 1998, No. 97, § 2, eff. 30 days after June 25, 1998.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15B - Foster Planting of Fruit and Seed-Bearing Trees (§§ 215 — 215e) › § 215a - Public policy

The public policy statement contained in Act May 30, 1976, No. 70, which holds that all species of wildlife which have acquired said condition and are found within the territorial limits of the Commonwealth of Puerto Rico are the property of the Commonwealth of Puerto Rico, is hereby reaffirmed.
History —June 25, 1998, No. 97, § 3, eff. 30 days after June 25, 1998.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15B - Foster Planting of Fruit and Seed-Bearing Trees (§§ 215 — 215e) › § 215b - Reforestation projects

Any reforestation project in which public or private funds, or a combination of these, are used, of the total number of tress to be planted fifteen percent (15%) of the trees planted in rural areas and ten percent (10%) of the trees planted in urban areas, shall belong to those fruit or seed-bearing species which provide food for the wild birds that reside temporarily or permanently therein.
History —June 25, 1998, No. 97, § 4, eff. 30 days after June 25, 1998.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15B - Foster Planting of Fruit and Seed-Bearing Trees (§§ 215 — 215e) › § 215d - Selection of species

The selection of the species of trees mentioned in § 215c of this title and the areas to be reforested shall be conducted under the technical recommendations of the Reforestation Division of the Department of Natural and Environmental Resources. In addition, the following factors shall be taken into consideration:
(a) The type of flowers and fruit produced by the species.
(b) The possibility of accident risks and security problems they may entail, including the attraction their fruit may have for the people and children.
(c) The potential decomposition of their fruit and the consequent potential of propagating insect plagues and disease.
(d) The potential for creating cleanliness problems and objectionable odors.
(e) The danger of alkaloid species for the people.
(f) Pedestrian or vehicle traffic.
(g) The potential for damages to public and private property, taking into consideration the trunk of the tree and the size of its roots.
(h) Their adaptability to the climate and the soil at the site where they are to be planted.
History —June 25, 1998, No. 97, § 6, eff. 30 days after June 25, 1998.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 2 - Forests (§§ 121-128 — 217b) › Chapter 15B - Foster Planting of Fruit and Seed-Bearing Trees (§§ 215 — 215e) › § 215e - Implementation

The Secretary of the Department of Natural and Environmental Resources is hereby empowered to determine through regulations, the organization, implementation and administration of this chapter.
History —June 25, 1998, No. 97, § 7, eff. 30 days after June 25, 1998.
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) › § 216 - Designation

For purposes of implementing the public policy on conservation, management, and protection of natural resources in San Juan’s metropolitan area, the Legislative Assembly of Puerto Rico hereby recognizes that forests are a unique natural resource due to their capacity to maintain and restore the ecological balance of the environment and, thus, hereby designates the land plots mentioned in § 216f of this title as the Ecological Corridor of San Juan, an area that includes the following: …
The area that comprises the Cupey Arboretum is hereby included within the Ecological Corridor of San Juan, commencing at the SOUTH WESTERN limit of the SOUTH Botanical Garden and the green areas of the Ana G. Méndez Avenue (PR-176), thence run SOUTH from the bridge over the Río Piedras between kilometers 0.9 and 1.0, to the green areas of the Víctor M. Labiosa Avenue, further down, from kilometer 1.6, including the green areas of the legal and regulatory easement of said public thoroughfares, as well as all the adjacent lands owned by the Commonwealth of Puerto Rico, that is, the lands owned by the agencies, instrumentalities, municipalities, public corporations, and any other Government entities, and including the green areas of the lands that comprise the banks of the Ausubo Stream along the Víctor M. Labiosa Avenue up to the intersection with the Las Cumbres Avenue (PR-199) to the SOUTH.
The banks of the Río Piedras are hereby included.
Also included are the banks of the Las Curías Stream and the Los Guanos Stream.
History —Aug. 28, 2003, No. 206, § 1; Sept. 8, 2004, No. 260, § 1; Jan. 24, 2007, No. 1, § 1; Apr. 8, 2016, No. 30, § 1.
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) › § 216a - Definitions

For the purposes of this chapter, these terms shall have the following meaning:
(a) Forests.— Means biological communities dominated by trees, shrubs, including other types of related plants and fauna found in public or private, rural or urban lands.
(b) Park.— Means an area designed and molded for several types of sporting or passive recreation.
(c) Connector.— Means an area or strip of vegetation that unifies or connects two or more natural systems.
(d) Estuary.— Means an area in which the sweet water of rivers and ravines mix with seawater.
(e) Hydrographic basin.— Means an area of collection through which water from the runoffs flows toward a surface water body.
(f) Department.— Means the Department of Natural and Environmental Resources.
(g) Secretary.— Means the Secretary of Natural and Environmental Resources.
(h) Ecological corridor.— Means the natural pathway that unites two or more forest systems to expand the habitat of the species expediting their free reproduction and movement.
History —Aug. 28, 2003, No. 206, § 2.
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) › § 216b - Construction permits—Prohibition

The Planning Board, the Permit Management Office, and any other instrumentality of the Commonwealth of Puerto Rico concerned in this matter are hereby prohibited from issuing corresponding permits that are not in harmony with the public policy set forth in this chapter and with the qualification and classification set forth by the Territorial Ordinance Plan of San Juan. Projects included in the Road Plan in effect in the Metropolitan Area of San Juan of the Department of Transportation and Public Works shall continue, as long as they are adapted and tempered with the spirit and goals of the Ecological Corridor, in addition to the reconstruction of Historic Bridge No. 3, over the canalized Río Piedras river at the intersection of PR-8839 and PR-1 and Project AC-002131, which includes improvements to PR-1, PR-838, PR-21 and the train station in Villa Nevárez in Cupey, as well as the Interagency Plan for the Study, Implementation and Management of the New Puerta de Cupey, as set forth in Joint Resolution No. 792 of August 29, 2002, which shall be coordinated with the special committee set forth in this chapter.
History —Aug. 28, 2003, No. 206, § 3.
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) › § 216c - Zoning

The zoning of the lands of the Ecological Corridor shall be according to the qualification and classification established and approved by the Planning Board in the Territorial Ordinance Plan of the Municipality of San Juan, as long as same is granted the maximum protection of the law for the purposes set forth herein.
The following properties, according to their cadastre number in the Municipal Revenues Collection Center, shall maintain the zoning of R-1 in effect, and after approval of the Territorial Ordinance Plan of the Municipality of San Juan, shall be classified and qualified as set forth in said Ordinance:
087-056-849-56 Doña Inés Mendoza Urban Forest
087-056-849-49-001 Doña Inés Mendoza Urban Forest
087-056-849-58 Doña Inés Mendoza Urban Forest
087-056-849-59 Doña Inés Mendoza Urban Forest
087-056-849-46 Doña Inés Mendoza Urban Forest
087-056-849-41 Doña Inés Mendoza Urban Forest
087-057-849-47 Doña Inés Mendoza Urban Forest
087-067-849-54 Doña Inés Mendoza Urban Forest
087-067-335-13
The foregoing properties shall not be subject to the process of seizing as long as they comply with and maintain the special zonification set forth in this chapter.
History —Aug. 28, 2003, No. 206, § 4.
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) › § 216d - Transfers and alienation—Prohibition

It is hereby prohibited for lands of the Ecological Corridor of San Juan to be transferred or alienated for purposes other than those indicated in this chapter.
History —Aug. 28, 2003, No. 206, § 5.