Esta ley declara y designa el área por donde fluye el Río Indio como reserva natural, estableciendo los deberes y facultades del Departamento de Recursos Naturales y Ambientales y el Municipio de Vega Baja para su implementación. La ley busca proteger y conservar los recursos naturales de alto valor ecológico en la cuenca del Río Indio, incluyendo flora y fauna endémica, especies en peligro de extinción, cuevas, sitios arqueológicos y petroglifos. Se propone un área de aproximadamente 1,817 cuerdas para protección especial y se ordena la inscripción de las áreas designadas en el Registro de la Propiedad. La ley también asigna fondos para la implementación y mantenimiento de la reserva.
(S. B. 2539) (Conference) (No. 471) (Approved September 23, 2004)
To declare and designate the area through which the Indio River flows as a natural reserve; to establish the duties, powers and faculties that the Secretary of the Department of Natural and Environmental Resources, together with the Municipality of Vega Baja, shall have to implement the provisions of this Act, whether in public or private property; to appropriate funds; and to order registrations in the Property Registry.
The Indio River is an essential part of one of the watersheds of the greatest natural value in the karst area in the north of Puerto Rico. The area that spans the entire watershed with respect to the Indio River requires urgent attention in order to prevent its deterioration due to the pressure of external factors, including development and housing construction policies. The karst zone through which the Indio River flows is the ecosystem with the greatest biodiversity among all ecosystems of the Island and the one that nourishes the aquifer of the north, which is Puerto Rico's most important aquifer. The urgency to protect this zone and to safeguard the water that shall contribute to the survival of the biodiversity and the large human settlements, such as the towns near to the metropolitan area and including the latter, is evident.
Within the karst zone, through which the Indio River flows, one can find endemic flora and fauna, species in danger of extinction, springs, tributary brooks, such as La Hicotea Brook, secondary forests, endemic centennial trees, four different caves, archaeological sites and indigenous petroglyphs, among them the
Paso del Indio site, one of the most important sites in all of Puerto Rico. In some places, the river flows under topographic karst areas characterized by sinkholes and caverns to emerge in the coastal wetlands of Vega Baja. The Indio River is the largest affluent of the Cibuco River.
An area that shall span approximately 1,817 cuerdas is hereby proposed for special protection. Located on the east riverbank: delimited to the north by Barrio Ceiba, to the east by Barrio Almirante Norte, and to the south by Barrio Almirante Sur. On the west riverbank: delimited to the north by Barrio Río Abajo, to the west by Barrio Pugnado Afuera, and to the south, by Barrio Quebrada Arena.
In Puerto Rico, only 5% to 6% of the land, which is a very low percentage compared to other countries, is protected land. Only 5% of the entire northern karst zone is protected. In the last few years, the Island has been impacted by an exaggerated urban sprawl, producing enormous pressure on the development of lands of high ecological value and absolutely vital utilization as a natural resource. So far, the planning process has not considered the elements that comprise an ecosystem in an integrated manner. As a result, a series of disjointed decisions has been made that compromise the lands and resources.
The places from which these figures originate are in agreement with the Territorial Ordinance Plan and the Agro-Ecological Corridor of the Municipality of Vega Baja. Thus, the Laguna Tortuguero Natural Reserve, the Pantano Cibuco Natural Reserve, the Puerto Nuevo public beach, the coastal zone, the Vega Forest, the Algarrobo Wetlands, the Cibuco River, the Indio River and the karst zone are protected. The provision ordered by this Act shall open an ecological corridor that shall reduce the fragmentation of the Island's habitats and ecosystems of greater biodiversity and natural reserves.
The use of any juridical figure created by our Legislature is within the powers of this Legislature in the discharge of its duty as custodian of our natural resources.
Article XIX of the Constitution of the Commonwealth of Puerto Rico expressly compels this Legislature to use all available tools to carry out its duty to protect. Nothing is as essential to our lives as the catchment of water to be eventually transferred to our residences as drinking water.
Six of the seven most important ecosystems in Puerto Rico are located in the Municipality of Vega Baja. The Municipal Government established Puerto Rico’s first Office of Ecotourism as well as the Office of Municipal Environmental Affairs. The Municipality of Vega Baja is genuinely interested in participating in agreements with different non-government organizations for the management of the proposed protection measure.
Conservation and preservation of the ecological systems which comprise Puerto Rico’s natural resources are irreplaceable conditions for the sustained, balanced, equitable and sustainable development. It is necessary to take steps with this goal in mind, such as the action taken through this legislation.
This Legislature reaffirms its commitment to comply with the constitutional, environmental and moral postulates of our people, and shall ensure that future generations may be able to enjoy the beauty that has always distinguished our Island. For such reasons, the protection of the previously described area, which is a component of the Indio River watershed, is hereby sought so that the creation of a new natural reserve that shall constitute an essential element for the protection of the ecosystem that is an integral part of the Indio River watershed in the Municipality of Vega Baja and its surrounding areas.
Section 1.- Title This Act shall be known as the “Indio River Natural Reserve Act.” It is hereby declared as the public policy of the Commonwealth of Puerto Rico to protect and conserve the natural resources of high ecological value. For this purpose, the area
of the Indio River is hereby designated as a Natural Reserve. To be included as a part of said reserve are the 1,817 cuerdas located on the east riverbank: delimited to the north by Barrio Ceiba, to the east by Barrio Almirante Norte, and to the south by Barrio Almirante Sur. On the west riverbank: delimited to the north by Barrio Río Abajo, to the west by Barrio Pugnado Afuera, and to the south by Barrio Quebrada Arena.
Section 2.- Declaration of Purpose It is hereby declared that the purpose of this Act is to ensure that the management of natural resources remains within the framework of the principle of conservation and preservation, in agreement with a financially sustainable development. It is imperative to direct the planning process toward the achievement of an integrated sustainable development, to ensure the wise utilization of land resources. It is also our purpose to identify, preserve and conserve the lands of high natural, ecological, cultural and agricultural value that are a part of the Indio River's surrounding land.
The designation as Natural Reserve under the powers conferred upon this Legislature by Article XIX of the Constitution of the Commonwealth of Puerto Rico intends to protect areas with important natural resources of high ecological value that may be subject to current and future utilization. Thus, the necessary steps shall be taken to substantially preserve and conserve these areas in their natural state.
The designation of public and private areas that are an integral part of the Indio River as a Natural Reserve allows for the establishment of structures to enable the development of proposed educational, cultural, ecotourism, and scientific research activities so that the ecological and economic integrity of the designated area is not affected.
Section 3.- Duties of the Department of Natural and Environmental Resources
The Secretary of the Department of Natural and Environmental Resources shall implement the provisions of this Act and oversee compliance therewith. For such purposes, the Secretary shall have the following powers and duties:
a) To implement the legal provisions regarding the preservation, protection, conservation, administration and management of the natural and environmental resources of age class previously described in this Act, including special attention to matters pertaining to the establishment of the buffer zone and as natural reserve. b) To administer, preserve, conserve and coordinate the management and enjoyment of the lands subject to this Act. He/she may establish a management agreement with the Municipality of Vega Baja or with non-governmental organizations for the administration, use, protection and conservation of the designated area. Any management agreement established between the Department and the Municipality of Vega Baja or any other organization shall include the legal norms and provisions and the regulations that may apply to the administration of a natural reserve in such a case. c) To establish agreements and work or research programs with other local, federal or foreign government agencies or with public or private organizations that seek the achievement of the purposes and public policy declared in this Act. d) To accept and receive donations from private or public persons or entities. e) To execute all the legal instruments necessary for the accomplishment of his/her duties and powers. f) To perform surveys, topographical and environmental studies and any other type of study that in his/her judgment may be necessary to ensure
compliance with the provisions of this Act and to clearly define which areas shall be covered by the Puerto Rico Natural Patrimony Act. g) To promulgate and implement the necessary regulations to carry out the purposes of this Act and to conserve the Indio River watershed and the lands described in this Act. h) To determine the activities that may be carried out in the natural reserve areas created by this Act and to issue the corresponding permits. i) To exercise all the powers and faculties conferred by any other law to administer, protect and conserve the natural reserve areas.
All pertinent provisions of the Puerto Rico Natural Patrimony Act, as amended, shall apply to all matters concerning the protected areas located on public lands.
Section 4.- Maintenance Plan The Secretary of the Department of Natural and Environmental Resources is hereby directed to establish a program for the management and maintenance of the areas designated as the Indio River natural reserve established by this Act and to take the necessary steps, including title studies, environmental studies and those of any other type which in his/her judgment are necessary to ensure full compliance with this Act.
The Secretary shall also conduct all pertinent transactions to carry out the necessary registrations in the Property Registry of Vega Baja to register the easement constituted by this legislation and to specify the areas that shall be covered by natural reserve laws, which tasks are imposed by this Act within 6 months from the approval of this Act.
The Secretary shall deliver copies of all surveys and plans made as a result of this Act to each of the owners of the area and shall notify them about all the registrations to be made at the appropriate time in the Property Registry.
Section 5.- Ruling of Unconstitutionality
The ruling of unconstitutionality of any of the Sections of this Act shall not affect its remaining provisions.
Section 6.- Appropriation of Funds The amount of $250,000.00 of unencumbered funds from the General Fund of the Commonwealth of Puerto Rico is hereby appropriated to the Department of Natural and Environmental Resources to carry out the tasks imposed by this Act. As of the next Fiscal Year, the Department shall include in its annual budget the amount of funds necessary to continue the maintenance and surveillance of the areas to be designated as natural reserve and conservation easement by virtue of this Act.
Section 7.- Applicability of Uses The uses, land use approvals or permits for private lands located within the delimitation of this reserve that are approved by the Planning Board, or by the Regulations and Permits Administration (ARPE, Spanish acronym) prior to the approval of this Act, shall remain unchanged.
Section 8.- Effectiveness This Act shall take effect as of July 1, 2004.
I hereby certify to the Secretary of State that the following Act No. 471 (S.B. 2539) (Conference) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to declare and designate the area through which the Indio River flows as a natural reserve; to establish the duties, powers and faculties that the Secretary of the Department of Natural and Environmental Resources, together with the Municipality of Vega Baja, shall have to implement the provisions of this Act, whether in public or private property; to appropriate funds; and to order registrations in the Property Registry, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $31^{ ext {st }}$ of July of 2007.
Francisco J. Domenech Director