(No. 76) (Approved June 6, 2002) AN ACT

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1 (S. B. 1196) (No. 76) (Approved June 6, 2002) AN ACT To amend the first paragraph of subsection (b) and the first paragraph of subsection (c) of Section 4, of Act No. 66 of June 22, 1975, as amended, known as Culebra Conservation and Development Act, in order to attach the Culebra Conservation and Development Authority; to the Municipality of Culebra and for other purposes. STATEMENT OF MOTIVES Act No. 66 of June 22, 1975, as amended, known as Culebra Conservation and Development Act, created the Culebra Conservation and Development Authority. The Legislature, due to the specific needs of Culebra s environment, approved the said measure for the management and administration of the lands and the beaches that were again returned to Puerto Rican hands. The Authority was created with broad powers with the purpose of implementing the public policy of preserving and conserving the ecological integrity of Culebra and ensuring that the continuing development of Culebra shall protect and preserve its natural resources. Today, the Authority is attached to the Department of Natural and Environmental Resources and constitutes an entity additional to those already existing to attend to the specific problems that affect the ecology and the natural resources of Culebra. Due to the environmental importance of Culebra and its unique characteristics, its ecosystem is rigorously regulated by several Commonwealth agencies. Although the Authority has ample

2 powers for the custody, conservation, and administration of public properties in Culebra, the coordination and operational phase of the programs and plans rests on the Department of Natural and Environmental Resources. Considering the environmental importance of the island of Culebra, and that the Authority was created for the attainment of the public policy of conserving and developing the island integrally, the Legislature deems it necessary to attach the Culebra Conservation and Development Authority to the municipality of Culebra. The nature and the special needs of its ecology deserve that the operational phase of the adoption and administration of the plans and programs for its conservation, use and development be centralized in the Municipality of Culebra. Futhermore, the specific conditions of Culebra justify a change in the composition of the Board of Directors of the Authority, since its members are those who make the decisions needed for the attainment of the public and environmental policy and the achievement of the proposed objectives. They shall be professionals of proven moral solvency and of recognized capacity, and professional experience in the environmental field. These changes shall guarantee the proper and prompt attention of the problems and needs that affect Culebra, and which, in turn, will allow a better coordination of the resources available for the development and implementation of the established public policy and regulations. BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO: Section 1.- The first paragraph of subsection (b) and the first paragraph of subsection (c) of Section 4 of Act No. 66 of June 22, 1975, as amended, are hereby amended to read as follows: Section 4.- Authority- Creation, Attachment; Board of Directors Executive Director-

3 (a) (b) The Authority shall be attached to the Municipality of Culebra and shall be in charge of the drafting, adoption, and administration of plans and programs for the conservation, use, and development of Culebra, pursuant to the public policy established in this Act, the norms and regulations of the Environmental Quality Board and the Master Plan and the Zoning Map adopted by the Puerto Rico Planning Board for the Island of Culebra, including its adjacent islets and keys, as it may be amended, pursuant to the provisions of Act No. 213 of May 12, 1942, as amended. (c) The Authority shall be governed by a Board of Directors composed of seven (7) members, to wit: one (1) ex officio member who shall be the Major of the Municipality of Culebra, shall preside it and vote, and six (6) members who shall be recommended by the Major of the Municipality of Culebra and who shall be confirmed by the Municipal Assembly of said municipality. Four (4) of the members shall be specialized in the environmental field, natural resources, and beaches. Two (2) of the members shall represent Culebra s private sector, and preferably be residents of Culebra. The members must be qualified to analyze and interpret all the trends, and the information regarding geography and environment of Culebra. They shall also, be aware of the financial, social, esthetic, and cultural interests and needs of Culebra. No elected official of the Commonwealth of Puerto Rico and no official or employee of any political party shall be a member of the Board,

4 except the Major; two (2) of the members shall be appointed for a term of one (1) year, and the remaining members for a term of two (2) years. As their term as members expire, the Major of the Municipality of Culebra shall appoint their successors for the corresponding terms. The Board shall designate the Chairman and the Vice-Chairman by the vote of not less than four (4) of the seven (7) members of the Board. Upon expiration of the term of the appointments of the Board Members, other than the ex officio members, they shall remain in office until their successors are appointed and take office. Section 2.- No provision of this Act, shall be construed as modifying, altering, or invalidating any agreement, treaty, claim or contract executed by the Culebra Conservation and Development Authority that is in effect when this Act becomes effective. Neither shall the vested rights of the employees belonging to said Authority. As soon as the Government of Puerto Rico approves the Territorial Code Plan for the Municipality of Culebra, it shall prevail over the Land Use Plan authorized by the Planning Board. Section 3.- Immediately after the approval of this Act, the present members of the Board of Directors shall cease in office. The Major of the Municipality of Culebra shall designate an Evaluating Committee composed of three (3) members. Said Committee shall evaluate the achievements and the work performed by the Authority in view of the established public policy, as well as any by-laws that the latter may have promulgated. The Committee shall render a report with its findings and recommendations within one hundred and twenty (120) days as of the approval of this Act. Section 4.- This Act shall take effect immediately after its approval.

5 CERTIFICATION I hereby certify to the Secretary of State that the following Act No. 76 (S.B. 1196) of the 3 rd Session of the 14 th Legislature of Puerto Rico: AN ACT to amend the first paragraph of subsection (b) and the first paragraph of subsection (c) of Section 4, of Act No. 66 of June 22, 1975, as amended, known as Culebra Conservation and Development Act, in order to attach the Culebra Conservation and Development Authority; to the Municipality of Culebra and for other purposes, has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, today 6 th of August of Elba Rosa Rodríguez-Fuentes Director

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