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108th CONGRESS
1st Session
S. 1256
To protect the critical aquifers and watersheds that serve as a
principal water supply for Puerto Rico, to protect the tropical forests
of the Karst Region, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 12, 2003
Mr. Harkin (for himself and Mr. Lugar) introduced the following bill;
which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
A BILL
To protect the critical aquifers and watersheds that serve as a
principal water supply for Puerto Rico, to protect the tropical forests
of the Karst Region, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Karst Conservation Act
of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in the Karst Region of the Commonwealth of Puerto Rico
there are--
(A) some of the largest areas of tropical forests
in Puerto Rico, with a higher density of tree species
than any other area in the Commonwealth; and
(B) unique geological formations that are critical
to the maintenance of aquifers and watersheds that
constitute a principal water supply for much of the
Commonwealth;
(2) the Karst Region is threatened by development that, if
unchecked, could permanently damage the aquifers and cause
irreparable damage to natural and environmental assets that are
unique to the United States;
(3) the Commonwealth has 1 of the highest population
densities in the United States, which makes the protection of
the Karst Region imperative for the maintenance of the public
health and welfare of the citizens of the Commonwealth;
(4) the Karst Region--
(A) possesses extraordinary ecological diversity,
including the habitats of several endangered and
threatened species and tropical migrants; and
(B) is an area of critical value to research in
tropical forest management; and
(5) coordinated efforts at land protection by the Federal
Government and the Commonwealth are necessary to conserve the
environmentally critical Karst Region.
(b) Purposes.--The purposes of this Act are--
(1) to authorize and support conservation efforts to
acquire, manage, and protect the tropical forest areas of the
Karst Region, with particular emphasis on water quality and the
protection of the aquifers that are vital to the health and
wellbeing of the citizens of the Commonwealth; and
(2) to promote cooperation among the Commonwealth, Federal
agencies, corporations, organizations, and individuals in those
conservation efforts.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commonwealth.--The term ``Commonwealth'' means the
Commonwealth of Puerto Rico.
(2) Forest legacy program.--The term ``Forest Legacy
Program'' means the program established under section 7 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c).
(3) Fund.--The term ``Fund'' means the Puerto Rico Karst
Conservation Fund established by section 5.
(4) Karst region.--The term ``Karst Region'' means the
areas in the Commonwealth generally depicted on the map
entitled ``Karst Region Conservation Area'' and dated March
2001, which shall be on file and available for public
inspection in--
(A) the Office of the Secretary, Puerto Rico
Department of Natural and Environmental Resources; and
(B) the Office of the Chief of the Forest Service.
(5) Land.--The term ``land'' includes land, water, and an
interest in land or water.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. CONSERVATION OF THE KARST REGION.
(a) Federal Cooperation and Assistance.--In furtherance of the
acquisition, protection, and management of land in and adjacent to the
Karst Region and in implementing related natural resource conservation
strategies, the Secretary may--
(1) make grants to and enter into contracts and cooperative
agreements with the Commonwealth, other Federal agencies,
organizations, corporations, and individuals; and
(2) use all authorities available to the Secretary,
including--
(A) the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1641 et seq.);
(B) section 1472 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3318); and
(C) section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a).
(b) Funding Sources.--The activities authorized by this section may
be carried out using--
(1) amounts in the Fund;
(2) amounts in the fund established by section 4(b) of the
Forest and Rangeland Renewable Resources Research Act of 1978
(16 U.S.C. 1643(b));
(3) funds appropriated from the Land and Water Conservation
Fund;
(4) funds appropriated for the Forest Legacy Program; and
(5) any other funds made available for those activities.
(c) Management.--
(1) In general.--Land acquired under this Act shall be
managed, in accordance with the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1641 et seq.), in a
manner to protect and conserve the water quality and aquifers
and the geological, ecological, fish and wildlife, and other
natural values of the Karst Region.
(2) Failure to manage as required.--In any deed, grant,
contract, or cooperative agreement implementing this Act and
the Forest Legacy Program in the Commonwealth, the Secretary
may require that, if land acquired by the Commonwealth or other
cooperating entity under this Act is sold or conveyed in whole
or part, or is not managed in conformity with paragraph (1),
title to the land shall, at the discretion of the Secretary,
vest in the United States.
(d) Willing Sellers.--Any land acquired by the Secretary in the
Karst Region shall be acquired only from a willing seller.
(e) Relation to Other Authorities.--Nothing in this Act--
(1) diminishes any other authority that the Secretary may
have to acquire, protect, and manage land and natural resources
in the Commonwealth; or
(2) exempts the Federal Government from Commonwealth water
laws.
SEC. 5. PUERTO RICO KARST CONSERVATION FUND.
(a) Establishment.--There is established in the Treasury an
interest bearing account to be known as the ``Puerto Rico Karst
Conservation Fund''.
(b) Credits to Funds.--There shall be credited to the Fund--
(1) amounts appropriated to the Fund;
(2) all amounts donated to the Fund;
(3) all amounts generated from the Caribbean National
Forest that would, but for this paragraph, be deposited as
miscellaneous receipts in the Treasury of the United States,
but not including amounts authorized by law for payments to the
Commonwealth or authorized by law for retention by the
Secretary for any purpose;
(4) all amounts received by the Administrator of General
Services from the disposal of surplus real property in the
Commonwealth under subtitle I of title 40, United States Code;
and
(5) interest derived from amounts in the Fund.
(c) Use of Fund.--Amounts in the Fund shall be available to the
Secretary until expended, without further appropriation, to carry out
section 4.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Donations.--
(1) In general.--The Secretary may accept donations,
including land and money, made by public and private agencies,
corporations, organizations, and individuals in furtherance of
the purposes of this Act.
(2) Conflicts of interest.--The Secretary may accept
donations even if the donor conducts business with or is
regulated by the Department of Agriculture or any other Federal
agency.
(3) Applicable law.--Public Law 95-442 (7 U.S.C. 2269)
shall apply to donations accepted by the Secretary under this
subsection.
(b) Relation to Forest Legacy Program.--
(1) In general.--All land in the Karst Region shall be
eligible for inclusion in the Forest Legacy Program.
(2) Cost sharing.--The Secretary may credit donations made
under subsection (a) to satisfy any cost-sharing requirements
of the Forest Legacy Program.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
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