H.R. 2488House108th Congress (2003-2005)In Committee

Puerto Rico Karst Conservation Act of 2003

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Executive Comment Requested from USDA.

Natural Resources Committee

June 20, 2003

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HouseIntro Referral

Introduced in House

June 17, 2003

HouseIntro Referral

Referred to the House Committee on Resources.

Natural Resources Committee

June 17, 2003

HouseCommittee

Referred to the Subcommittee on Forests and Forest Health.

June 20, 2003

HouseCommittee

Executive Comment Requested from USDA.

Natural Resources Committee

June 20, 2003

Floor Debate

1 member

What members said about H.R. 2488 on the floor

1 Democrat

Sen. Christopher J. DoddD-CT · Jul 22, 2004

Mr. President, this evening the Senate is expected to consider H.R. 2844, the Continuity in Representation Act of 2004. While there are significant problems with this bill, I believe it is in the…

Mr. President, this evening the Senate is expected to consider H.R. 2844, the Continuity in Representation Act of 2004. While there are significant problems with this bill, I believe it is in the best interest of ensuring the continuity of government that the Senate pass the bill, as received from the House, without amendment, before we begin this extended recess.

The most troubling problem with this bill is that it may have the unintended consequence of disenfranchising overseas military voters who are serving this Nation in combat. So in taking this action tonight, let me suggest that our work will not be done. I strongly encourage my colleagues in the House to review this legislation in light of these concerns and to consider adopting technical corrections to this bill to address its unintentional consequences.

The bill before the Senate today is, at best, a stopgap measure which attempts to provide a way to reconstitute the House of Representatives in the event that in excess of 100 vacancies occur in its membership. Unlike vacancies in the Senate, which under the Seventeenth Amendment can be immediately filled, the House has no way to reconstitute itself short of holding elections. In essence, H.R. 2488 requires the States to hold expedited special elections to fill vacancies which occur under extraordinary circumstances.

The House-passed bill provides that upon the announcement by the Speaker of the House that more than 100 vacancies exist in the membership of the House, the States affected must hold a special election within 45 days of the announcement, unless there is a regularly scheduled general election scheduled within 75 days of the announcement. This overly optimistic time line all but ensures that overseas military voters and overseas voters will not have their ballots counted in such an election.

In an attempt to address the issue of overseas military voters and other overseas voters, the House adopted language which calls on the States, but does not require them, to issue absentee ballots or voting material to overseas military voters within 15 days of the Speaker's announcement. However, the bill then requires such States to accept and process such ballots for up to 45 days from the date that the State transmitted the ballot to the voter. On its face, those deadlines would require that an election be held no sooner than 60 days after an announcement by a Speaker of the House in order to ensure that such absentee military ballots are counted.

However, the situation may be much worse. Because the House bill does not require States to transmit ballots to overseas military voters by any specific date, under certain State laws, such voters can receive absentee ballots up to literally the day before the election. In such a case, a State would be required to accept the overseas military ballot up to 45 days after that date, or 90 days after the Speaker's announcement.

The obvious result of these two provisions is to potentially extend the date of the election beyond the required 45 days after the Speaker's announcement--ranging from 46 days to 90 days. And therein lies the problem: are overseas military ballots that are received by the State from 1 to 90 days after the actual election date still counted, or are they ignored unless the election is close?

The unintended consequence of this bill is to tell our brave men and women in uniform, who are literally putting their lives on the line for this Nation in combat overseas, that while they may be able to cast a vote, there is no guarantee that their vote will be counted. That is simply an unacceptable result.

On the other hand, if the result is to hold an election open until all possible overseas ballots are received, then this bill does not provide for expedited elections at all. In fact, the result may be the inability of our Government to function for as long as 90 days after a catastrophe. That would be contrary to the stated purpose of the bill.

And that is why our work is not done. This bill may be a necessary interim measure, but to ensure that there is no lapse in the authority of the House, and the ability of Congress, to exercise its constitutional responsibilities, may require a constitutional amendment providing for an appointment to fill a vacancy. In the meantime, until an amendment to the Constitution can be adopted and ratified providing for the immediate reconstitution of the House, this measure provides some assurance that our representative form of government will continue.

Numerous organizations have called on the House to adopt a constitutional approach, not the least of which is the Continuity of Government Commission, chaired by our distinguished former colleague, Alan Simpson, and the respected Lloyd Cutler. While I respect the concerns of my House colleagues that we preserve the House as an elected body, the Framers did not intend that such a noble principle become the undoing of the people's representative branch of government.

We must find a rational and workable way to ensure that our Government continues to function despite the intent of terrorists and others who would render the people's House silent. But we must do it in a way that ensures

that all voters, and particularly those military voters who are serving overseas during a time of war, have an equal opportunity to not only cast a vote, but to have that vote counted.

Bill Text

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Introduced in HouseIssued June 17, 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2488 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 2488

To provide for the protection of the tropical forests of the Karst
Region of the Commonwealth of Puerto Rico and the aquifers and
watersheds of this region that constitute a principal water source for
much of Puerto Rico, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 17, 2003

Mr. Acevedo-Vila (for himself, Mr. Duncan, Mrs. Christensen, Mr. Udall
of Colorado, Mr. Gonzalez, Mr. Towns, Mr. Grijalva, and Ms. Bordallo)
introduced the following bill; which was referred to the Committee on
Resources

_______________________________________________________________________

A BILL

To provide for the protection of the tropical forests of the Karst
Region of the Commonwealth of Puerto Rico and the aquifers and
watersheds of this region that constitute a principal water source for
much of Puerto Rico, 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, PURPOSES, AND DEFINITIONS.

(a) Findings.--Congress finds the following:
(1) The Karst Region of the Commonwealth of Puerto Rico
contains some of the largest areas of tropical forests in
Puerto Rico with a higher density of tree species than any
other area on the island.
(2) The Karst Region has unique geological formations that
are critical to the maintenance of aquifers and watersheds that
constitute a principal water supply for much of Puerto Rico.
(3) The Karst Region is threatened by development that, if
unchecked, could permanently damage aquifers supplying fresh
water and cause irreparable damage to natural and environmental
assets that are unique to the United States and Puerto Rico.
(4) Puerto Rico is one of the most densely populated areas
of the United States, which makes the protection of the Karst
Region an imperative for the maintenance of the public health
and welfare of the citizens of Puerto Rico.
(5) The Karst Region possesses extraordinary ecological
diversity, including the habitats of several endangered and
threatened species and tropical migrants, and is, therefore, an
area of critical value to research in tropical forest
management.
(6) Coordinated efforts at land protection by the Federal
Government and the Commonwealth of Puerto Rico will be
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 of the Commonwealth of Puerto Rico, with
particular emphasis on protecting water quality and the
aquifers which are vital to the health and well being of the
citizens of Puerto Rico; and
(2) to promote cooperation among the Commonwealth of Puerto
Rico, Federal Agencies, corporations, organizations, and
individuals in such conservation efforts.
(c) Definitions.--In this Act:
(1) Commonwealth.--The term ``Commonwealth'' means the
Commonwealth of Puerto Rico.
(2) Karst region.--The term ``Karst Region'' means those
areas in the Commonwealth of Puerto Rico generally depicted on
the map entitled ``Karst Region Conservation Area'' and dated
March, 2001. The map shall be on file and available for public
inspection in the Office of the Secretary, Puerto Rico
Department of Natural and Environmental Resources, and the
Office of the Chief of the Forest Service.
(3) Land.--The term ``land'' includes lands, waters, and
interests in lands and waters.
(4) Forest legacy program.--The term ``Forest Legacy
Program'' means the program established pursuant to section 7
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

SEC. 3. CONSERVATION OF KARST REGION, COMMONWEALTH OF PUERTO RICO.

(a) Federal Cooperation and Assistance.--The Secretary may--
(1) make grants to, and enter into contracts and
cooperative agreements with, the Commonwealth, other Federal
agencies, organizations, corporations, and individuals for the
purposes of furthering the acquisition, management, and
protection of land in and adjacent to the Karst Region and
implementing related natural resources conservation strategies;
and
(2) utilize all authorities available to the Secretary,
including the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1641 et. seq.), section 1472 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3318), and section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a), for
such purposes.
(b) Funding Sources.--The activities authorized by this section may
be carried out using amounts in the Puerto Rico Karst Conservation
Fund, the fund established by section 4(b) of the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1643(b)), funds
appropriated from the Land and Water Conservation Fund, funds
appropriated for the Forest Legacy Program, and any other funds made
available for this section.
(c) Management of Acquired Lands.--
(1) Management purpose.--Land acquired under the authority
of this section or using funds made available under this
section shall be managed 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. Any Federal land within the Karst Region acquired
pursuant to this section or the Forest Legacy Program shall be
managed by the Secretary pursuant to the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et.
seq.).
(2) United states interest.--In deeds, grants, contracts,
and cooperative agreements implementing this section and the
Forest Legacy Program in Puerto Rico, the Secretary may require
that title to land acquired by the Commonwealth or other
cooperating entity under the authority of this section or using
funds made available under this section will vest, at the
discretion of the Secretary, in the United States if the land
is sold or conveyed whole or part, or is not managed in
conformity with paragraph (1).
(d) Willing Sellers.--Any land acquisition by the Secretary within
the Karst Region under the authority of this section and using funds
made available under this section shall be on a willing seller basis.
(e) Relation to Other Land Authorities.--Nothing in this Act shall
diminish any other authority that the Secretary may have to acquire,
manage, and protect lands and natural resources in the Commonwealth.
(f) Relation to Commonwealth Water Laws.--Nothing in this section
shall constitute an express or implied claim or denial on the part of
the Federal Government as to exemption from Commonwealth water laws.

SEC. 4. PUERTO RICO KARST CONSERVATION FUND.

(a) Establishment.--There is hereby established on the books of 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 the
following:
(1) Amounts appropriated to the Fund.
(2) All moneys donated to the Fund.
(3) All moneys generated from the Caribbean National Forest
which would otherwise be deposited as miscellaneous receipts in
the Treasury of the United States, but not including those
moneys authorized by law for payments to the Commonwealth of
Puerto Rico or authorized by law for retention by the Forest
Service for any purpose.
(4) All moneys received by the Administrator of General
Services from the disposal of surplus real property in Puerto
Rico pursuant to title 40, United States Code, or any other
provision of law.
(5) Interest derived from amounts in the Fund and any other
moneys donated for deposit 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 3.
(d) Donations.--
(1) Acceptance.--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. The Secretary may accept such
donations even though the donor is regulated by, conducts
business with, or seeks to conduct business with, the
Department of Agriculture or any other department or agency of
the United States.
(2) Treatment of donations.--Public Law 95-442 (7 U.S.C.
2269) shall apply to donations accepted by the Secretary under
this subsection.

SEC. 5. RELATION TO FOREST LEGACY PROGRAM.

(a) Inclusion of Karst Region.--All lands in the Karst Region shall
be eligible for inclusion in the Forest Legacy Program.
(b) Cost Sharing.--The Secretary may credit donations made under
section 4(d) to satisfy any cost sharing requirements of the Forest
Legacy Program.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Puerto Rico Karst
Conservation Fund such sums as may be necessary to carry out this Act.
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