Ley 108 del 2001
Resumen
Esta ley establece el programa "Adopta una Hectárea" adscrito al Departamento de Recursos Naturales y Ambientales para promover donaciones para la adquisición de áreas naturales de alto valor. El programa busca incentivar a personas y entidades a participar mediante certificados de reconocimiento, la posibilidad de colocar letreros en las propiedades adquiridas y visitas a las áreas adoptadas. Las donaciones se depositarán en una cuenta especial dentro del Fondo Especial del Departamento y se utilizarán para la adquisición de tierras. La ley también contempla campañas educativas y acuerdos de manejo con las comunidades vecinas.
Contenido
(No. 108)
(Approved August 17, 2001)
AN ACT
To establish the "Adopt a Hectare" Program, attached to the Department of Natural and Environment Resources, in order to promote donations for the acquisition of natural high value areas.
STATEMENT OF MOTIVES
The Department of Natural and Environment Resources has acquired certain natural high value areas through the Natural Patrimony Program created by Act No. 150 of August 4, 1988, known as the "Puerto Rico Natural Patrimony Program Act". Said Act provides for the acceptance of donations of money, as well as of real and personal property and rights by profit making or nonprofit persons or entities. Even though it is provided that said donations may be deducted for tax purposes, the Legislature believes it necessary to implement a program to provide those persons who make donations with other incentives. This program shall provide those profit making or nonprofit persons or entities that make donations with a certificate of acknowledgement with a photograph of the hectare acquired through the donation. This certificate shall provide the donor with the assurance and satisfaction of knowing that its contribution was used to acquire natural areas and may be used by profit making and nonprofit entities in their publicity campaigns.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Creation
The "Adopt a Hectare" Program is hereby created, attached to the Department of Natural and Environmental Resources.
Section 2.- Purpose The purpose of the Program is to provide incentives for profit making and nonprofit persons or entities that participate in the same.
Section 3.- Coordination The Secretary of the Department of Natural and Environmental Resources shall designate a Coordinator who shall be responsible for the operation of the Program and may attach the Program to a unit within the Department related to the acquisition of land.
Section 4.- Duties of the Coordinator
(a) Draft and implement, in coordination with the Secretary, the standards and rules that shall govern the Program, including its work plan.
(b) Seek appropriations and donations for the acquisition of natural value areas to be included in the Program.
(c) Coordinate with units of the Department of Natural and Environmental Resources the acquisition of land to be included in the Program. Identify the hectares that shall be adopted under the Program and provide the acknowledgement certificates and other incentives.
(d) Supervise the development and growth of the Program.
(e) Establish the criteria and identify the location, characteristics and potential of the resources and their susceptibility to suffer damages or exhaustion and notify said fact to the Planning Board.
Section 5.- Incentives
The Coordinator shall provide the entities and persons that participate in the Program with a certificate of acknowledgement and a photograph of the hectares that have been adopted, once the acquisition process of the natural high value areas has been concluded. Said certificate may be used by profit making or nonprofit entities in their publicity campaigns. They may likewise be able to install a sign with the name of the donor in the property acquired through the donation of the entity. This incentive shall be limited to those donations that exceed an amount to be fixed through regulations. The hectares adopted may be visited by the participants, in coordination with the officials who manage the natural areas included in the Program. Furthermore, the Department may devise activities to foster the participation of the citizens and environmental organizations.
The donations do not have to be used exclusively in cash and the Department shall establish through Regulations which properties may be donated. Regulations shall also be drafted to establish the ways and means in which the Department may accept onerous donations without it being inferred under any circumstances that the Department shall enter into a bilateral contractual relationship with the donor by which the agency is bound to provide any compensation in exchange for the donation, except as provided in this Act.
Section 6.- Special Fund The money collected shall be covered into a Special Account in the Special Fund in favor of the Department, henceforth denominated "Fund", as provided in Act No. 150 of August 4, 1988, known as the "Puerto Rico Natural Patrimony Program Act", and shall be deposited in a Special Account.
Section 7.- Educational Campaign
To promote participation in the Program, the Department shall establish certain educational campaigns through the development of videos, poster contests, conferences and training programs as well as through the public means of communication. It shall likewise establish coordination with environmental organizations, communities and others to foster participation in said campaigns.
The educational campaign may be a collaborative effort among government agencies.
Section 8.- Management Agreements The Department, in conjunction with the agencies concerned, shall delimit the uses and potential of the resources and the characteristics of the proposed natural value area that shall be included in the Program. It shall also establish management agreements through which the neighboring communities shall be given participation for their enjoyment of environmental service areas.
Section 9.- Effectiveness This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 108 (H.B. 383) of the $1^{ ext {st }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to establish the "Adopt a Hectare" Program, attached to the Department of Natural and Environment Resources, in order to promote donations for the acquisition of natural high value areas, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $23^{ ext {rd }}$ of November of 2004.
Elba Rosa Rodríguez-Fuentes Director