Congressional Record, Volume 157 Issue 59 (Wednesday, May 4, 2011)

[Congressional Record Volume 157, Number 59 (Wednesday, May 4, 2011)]
[House]
[Pages H3003-H3008]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROPOSED PUERTO RICAN PIPELINE A THREAT TO MOUNTAINS AND RAINFORESTS

The SPEAKER pro tempore. The Chair recognizes the gentleman from
Illinois (Mr. Gutierrez) for 5 minutes.
Mr. GUTIERREZ. Mr. Speaker, last weekend I had the honor of
participating in a remarkable event in the mountain town of Adjuntas,
Puerto Rico. There, thousands braved a torrential downpour to
demonstrate against a proposed natural gas pipeline that the current
ruling party in Puerto Rico is threatening to build across the
mountains and rainforests of the island.
While I was there, I met with Rosanna Lopez Leon, the Commonwealth of
Puerto Rico's Ombudsman for the Elderly. As ombudswoman, she has
unusual latitude for a public servant in the current government to
speak the truth about what she hears and sees from senior citizens
across the island. Her term is 14 years, longer than that of the
Governor's, and the money to her office comes mainly from the Federal
Government, from the Older

[[Page H3004]]

Americans Act, so that she is incorruptible, unassailable, and, thank
God, untouchable.
She presented me with a series of letters she wrote to Attorney
General Eric Holder and to other Federal agencies and Puerto Rican
officials. They are based on sworn affidavits from senior citizens
residing in four towns in the path of the proposed pipeline in Puerto
Rico, describing how local seniors are being pressured and intimidated
into signing over their property for the pipeline's supposed unapproved
right-of-way.
Mrs. Lopez Leon believes that ``repetitive violations of the Older
Americans Act have become a danger to the lives, health, rights, and
property of the elderly population of Puerto Rico.''
She describes illegal trespassing into properties of the elderly
under the false pretext of measuring a nonexistent right-of-way,
illegal trespassing into the homes of the elderly with the fraudulent
pretense to generate a written authorization from the elderly to allow
and permit a consented purchase of the property to the Commonwealth of
Puerto Rico and the energy company well below market value of the
property without granting the elderly the opportunity to seek counsel,
a recent appraisal, or to contest the eminent domain procedure which
they are threatened with if they do not grant ``a voluntary consent to
sell their properties.''
These 41 affidavits are from four towns on the route of the proposed
gasoline; Adjuntas, Penuelas, Utuado and Toa Baja. I would like to
first talk about one of them, because I will read some short
translations from some chilling stories that we have gathered here.
The first one is from Antonia Santiago Cabrera, 69, from Adjuntas,
Puerto Rico, who is in this picture. By the way, she was born in this
home 69 years ago.
She says, ``The helicopters of the energy company constantly fly over
my residence and they do so at a low altitude, disturbing my
tranquility. Since my home is built of tin and wood,'' as you see in
the picture, ``when the helicopters hover, my entire house trembles.
That has generated much anxiety in me, and for this reason I had to
visit my primary doctor and have had to take medication for my nerves
and my heart condition has even worsened.''
Then there is Lucrecia Maldonado Rentas. She is 82 years old and is
pictured in front of her house with her sister Gloria. She says, ``The
letters I received were written to pretend to be a study to be
conducted on the needs of the population and it ended up being one
about natural gas, the pipeline and the expropriation process of the
Barrio Portugues community in Adjuntas, Puerto Rico. In them the
process of expropriation is presented, but it is not explained. I do
not understand it.''
Then there is Mr. Luis Guzman. We don't have a picture of the 67-
year-old farmer. Although he has been harassed since last year, Mr.
Guzman does not know how to read and can barely write.

{time} 1010

He does not need to fully be educated, however, to know the
difference between right and wrong. If only choosing between right and
wrong would come that easy to the ruling party of Puerto Rico.
I want to make it clear to you, Mr. Speaker, and to this body and to
Attorney General Eric Holder that these are not powerful men and women.
They are not legal scholars or real estate experts. But they have made
simple pleas to the court and their complaints should be heard. They
are worried that they will lose their homes and they will lose their
crops which sustain them because of the laws and legal maneuvers they
do not understand. They are U.S. citizens and need our help.
I plan to post all of the affidavits I have already received, along
with hundreds of pages I have received from Federal agencies under the
Freedom of Information Act, on my Web site. The more light that is
shined on this project, Mr. Speaker, the more it reflects back a dark
story of secrets, strong-arming, and shortcuts. I plan to continue
shining my light and making as much information public as possible so
that the voice of the people of Puerto Rico is heard.
Mr. Speaker, I will place in the Record the affidavits presented in
court in Puerto Rico from 18 senior citizens in Toa Baja, 10 senior
citizens in Adjuntas, 4 senior citizens in Penuelas, and 9 senior
citizens in Utuado, along with the correspondence from the Puerto Rico
Office of the Ombudsman, an office funded by the Federal Government, an
official 14-year standing agency of the Government of Puerto Rico.
The forty-one sworn affidavits in Spanish and other documents in
English and Spanish related to the Gasoducto pipeline project are
posted on Rep. Gutierrez'website:http://www.gutierrez.house.gov/
index.php?option=com_content &view =article&id=662&Itemid=73.

Commonwealth of Puerto Rico, Puerto Rico Office of the
Ombudsman for the Elderly,
San Juan, Puerto Rico, April 25, 2011.
Re: Complaint by the Puerto Rico Office of the Ombudsman for
the Elderly Against The Commonwealth of Puerto Rico and
The Puerto Rico Energy Power Authority.

Hon. Eric Holder,
U.S. Department of Justice, Civil Rights Division, Office of
the Assistant Attorney General, Main, Washington, DC.
Dear Sir: The Puerto Rico Office of the Ombudsman for the
Elderly (hereinafter OPPEA) represented by the undersigned,
Hon. Rossana Lopez Leon, is the ``state unit on aging of
Puerto Rico'' in charge of enacting the Older Americans Act
by virtue of the provisions of Act No. 203 of August 7, 2004,
as well as by the ``Bill of Rights for Aged Persons in Puerto
Rico,'' Act No. 121 of July 12, 1986, as amended.
OPPEA, upon attending to the needs of this specific
population, acts as an enabling agent in the search for a
better quality of life for these residents, who on occasion
are deprived of their civil and human rights as members of
our society for which it receives substantial federal funds.
As a matter of fact, OPPEA receives 90% of its budget from
federal sources.
The creation of this office serves the purpose of
reaffirming the importance of the elderly citizens in our
country, guaranteeing their full enjoyment of the rights and
prerogatives which they are entitled to.

ORGANIZATION

OPPEA was created through local public Law Number 203,
dated August 7, 2004, as a governmental organism responsible
for establishing public policy, planning and coordinating
with other public agencies the design and development of
projects and programs in order to attend basic needs of the
elderly population, establishing the rights of the elderly
people, in order to help them attain an enjoyable and
productive life and their maximum possible participation in
community affairs. All funds, equipment personnel and other
assets and liabilities previously managed by OGAVE
(Governor's Office for Elderly Affairs) were transferred to
OPPEA as a result of the above law.
OPPEA is the local organism responsible for planning and
coordinating all matters related to federal awards received
from federal laws for the purpose of attending the problems
of the elderly population.
OPPEA is also the agency designated to administer and
implement the federal programs of federal public Law 89-73
dated July 14, 1965, as amended, known as ``Older Americans
Act.'' It can also be designated by the Governor of Puerto
Rico as the local agency in charge of any other federal
awards destined for elderly programs.
Local public Law Number 203 permits OPPEA to design
programs in order to provide possible work opportunities and
training and re-training to elderly citizens. Also, it offers
alternatives in order for elderly people to join actively in
the community and, for those able to, to provide consultative
or professional services to the community.
OPPEA operates under an Ombudsman named by the Governor of
Puerto Rico, with the consent and advice of the Senate of
Puerto Rico for a fixed term of 14 years with the
responsibility of organizing and directing the functions of
the Office. The current Ombudsman is appearing Plaintiff,
Hon. Rossana Lopez Leon whose term expires on 2014.
Other functions and duties of OPPEA are:
a. Encourage participation of citizens in the development
and implementation of programs and projects for the elderly
people;
b. Provide technical advice and guidelines to other public
agencies and/or private institutions who request them in
order for them to improve the services they render to elderly
citizens;
c. Organize and prepare conferences and seminars, and
perform studies and investigations, by themselves or in
coordination with other public agencies or private entities,
in order to develop new approaches and methods, and the
development of the necessary personnel to provide services to
the elderly population;
d. Compile, accumulate and analyze all statistical data
necessary for the planning, coordination and the development
of a public policy related to elderly affairs, that responds
to the needs of the particular moment;
e. Educate the community regarding the elderly affairs in
order to create a positive attitude towards the elderly
population;
f. Provide information to elderly people regarding the
services, benefits, programs and

[[Page H3005]]

activities that public agencies and private entities offer;
and
g. Recommend to the Governor of Puerto Rico and the
Legislative Assembly those procedures they believe necessary
in order to attend the problems and necessities of the
elderly community.
h. Attend to grievances brought by elderly citizens,
including the imposition of fines and the compensation for
damages.
Now, The Commonwealth of Puerto Rico (hereinafter ELA) in
cohort with the Puerto Rico Energy Power Agency (hereinafter
PREPA) have placed into action a project, The Via Verde
Pipeline, which is a planned natural gas network to supply
energy from north to south in Puerto Rico, a project of
Governor Luis Fortuno.
The pipeline will distribute natural gas from the Penuelas/
Guayanilla area north to the Arecibo Cambalache Plant on to
Palo Seco/San Juan.
``Via Verde'' will negatively impact forest areas,
hydrographic basins, lands fit for agriculture, and the all-
important and endangered karstic region of northern Puerto
Rico. It will also represent further dependence on another
form of fossil fuel that, while less polluting than the
current oil based system of electricity generation, will
still contribute to global warming.
Furthermore, more than 200 elderly individuals, under the
protection of the Older Americans Act are being affected and
their rights under that federal statute and the Constitution
being breached and violated by Commonwealth and PREPA.
These repetitive violations have become a danger to the
lives, health, rights and property of the elderly population
of the sector being impacted by the Via Verde project by way
of illegal trespassing into the properties of the elderly
under the false pretext of measuring a non existing right of
way, illegal trespassing into the homes of the elderly with
fraudulent pretenses to generate a written authorization from
the elderly to allow and permit a consented purchase of their
property to the Commonwealth and PREPA well below market
value of the property, without granting the elderly the
opportunity to seek counsel, a recent appraisal of their
property or to contest the eminent domain procedure which
they are threatened with if they do not grant a ``voluntary''
consent to sell their properties.
Furthermore, the elderly population is being targeted with
a psychological ``warfare'' tactic through constant
``buzzing'' of low flying Commonwealth and Understanding that
these actions and policies are an open violation of the Civil
Rights Act, the Americans with Disabilities Act and the Age
Discrimination in Employment Act, among others, we request a
formal criminal and civil investigation from your Department.
After the investigation we are confident that your
Department will have reasonable cause to believe that any
person or group of persons is engaged in a pattern or
practice of resistance to the full enjoyment of any of the
rights secured by the law, and that the pattern or practice
is of such a nature and is intended to deny the full exercise
of the rights of our client and of many others numbering in
the thousands.
If you have any doubts or questions, please do not hesitate
to contact us at (787) 721-6121.
Cordially,
Rossana Lopez Leon, MSG,
Ombudsman for the Elderly.
____

Commonwealth of Puerto Rico, Puerto Rico Office of the
Ombudsman for the Elderly,
San Juan, Puerto Rico, April 25, 2011.
Re: Complaint by The Puerto Rico Office Of The Ombudsman For
The Elderly Against The Commonwealth of Puerto Rico and
The Puerto Rico Energy Power Authority.

Hon. Yesmin M. Valdivieso,
Oficina del Contralor de Puerto Rico, Estado Libre Asociado
De Puerto Rico, San Juan, PR.
Dear Sir: The Puerto Rico Office Of The Ombudsman For The
Elderly (herein after OPPEA) represented by the undersigned,
Hon. Rossana Lopez Leon, is the ``state unit on aging of
Puerto Rico'' in charge of enacting the Older Americans Act
by virtue of the provisions of Act No. 203 of August 7, 2004,
as well as by the ``Bill of Rights for Aged Persons in Puerto
Rico'', Act No. 121 of July 12, 1986, as amended.
OPPEA, upon attending to the needs of this specific
population, acts as an enabling agent in the search for a
better quality of life for these residents, who on occasion
are deprived of their civil and human rights as members of
our society for which it receives substantial federal funds.
As a matter of fact, OPPEA receives 90% of its budget from
federal sources.
The creation of this office serves the purpose of
reaffirming the importance of the elderly citizens in our
country, guaranteeing their full enjoyment of the rights and
prerogatives which they are entitled to.
OPPEA is also the agency designated to administer and
implement the federal programs of federal public Law 89-73
dated July 14, 1965, as amended, known as ``Older Americans
Act''. It can also be designated by the Governor of Puerto
Rico as the local agency in charge of any other federal
awards destined for elderly programs.
Now, The Commonwealth of Puerto Rico (herein after
Commonwealth) in cohort with the Puerto Rico Energy Power
Agency (herein after PREPA) have placed into action a project
called The Via Verde Pipeline which is a planned natural gas
network to supply energy from north to south in Puerto Rico a
project of Governor Luis Fortuno.
The pipeline will distribute natural gas from the Penuelas/
Guayanilla area north to the Arecibo Cambalache Plant on to
Palo Seco/San Juan.
``Via Verde'' will negatively impact forest areas,
hydrographic basins, lands fit for agriculture, and the all-
important and endangered karstic region of northern Puerto
Rico.
Moreover, it should be public notice that the Government of
Puerto Rico has not only already spent millions of dollars
from state public coffers but also from federal sources like
ARRA and has reauthorized multimillion dollar contracts for
the purchase of land, materials (gas pipeline) and the
construction of the gas pipeline itself, without the
appropriate permits from the U.S. Corps of Engineers, U.S.
Wildlife and Fisheries and other relevant federal agencies.
Thus, this project which is being constructed is illegal for
lack of appropriate permits.
This situation is not only contrary to the Law 230 of July
31, 1974 (3 L.P.R. secc. 283) as amended, also known as the
Puerto Rico Accounting Law, but also in direct contrast to
Law 96 of June 26, 1964 as amended. See also the Opinions of
the Justice Secretary of Puerto Rico number 2010-15 and
H.M.C.A. (P.R.) Inc et al v. Contralor 126 D.P.R. 478 (1990).
Furthermore, the 800,000 elderly residents of Puerto Rico,
which we represent and have and are contributing to the
General Fund of the Commonwealth and the budgeted funds of
PREPA which are being used illegally to fund a project which
has not even received the proper permits by federal agencies
in order to commence the construction of the project, wish to
formally file a Complaint before your agency.
Our client has sworn statements from many of the elderly
population being seriously affected by the actions undertaken
by Commonwealth and PREPA as well as a psychological study of
the adverse effect that these actions have caused on the
general elderly population of the areas impacted by the Via
Verde project.
After the investigation we are confident that your
Department will have reasonable cause to believe that the
Commonwealth and PREPA are engaged in a pattern or practice
of illegally using public funds for the Via Verde project.
If you have any doubts or questions, please feel free to
contact us at (787) 721-6121.

Rossana Lopez Leon, MSG,
Ombudsman for the Elderly.
____

Commonwealth of Puerto Rico, Puerto Rico Office of the
Ombudsman for the Elderly
San Juan, Puerto Rico, April 25 2011.
Re Complaint by The Puerto Rico Office Of The Ombudsman For
The Elderly Against The Commonwealth of Puerto Rico and
The Puerto Rico Energy Power Authority.

Hon. J. Randolph Babbitt,
U.S. Department of Transportation, Federal Aviation
Administration, Washington, DC.
Fanny Rivera,
U.S. Department of Transportation, Federal Aviation
Administration, Washington, DC.
Margaret Gilligan,
U.S. Department of Transportation, Federal Aviation
Administration, Washington, DC.
San Juan, Puerto Rico FSDO,
San Juan, Puerto Rico.
Dear Sir: The Puerto Rico Office Of The Ombudsman For The
Elderly (herein after OPPEA), represented by the undersigned,
Hon. Rossana Lopez Leon, is the ``state unit on aging of
Puerto Rico'' in charge of enacting the Older Americans Act
by virtue of the provisions of Act No. 203 of August 7, 2004,
as well as by the ``Bill of Rights for Aged Persons in Puerto
Rico'', Act No. 121 of July 12, 1986, as amended.
OPPEA, upon attending to the needs of this specific
population, acts as an enabling agent in the search for a
better quality of life for these residents, who on occasion
are deprived of their civil and human rights as members of
our society for which it receives substantial federal funds.
As a matter of fact, OPPEA receives 90% of its budget from
federal sources.
The creation of this office serves the purpose of
reaffirming the importance of the elderly citizens in our
country, guaranteeing their full enjoyment of the rights and
prerogatives which they are entitled to.
OPPEA is also the agency designated to administer and
implement the federal programs of federal public Law 89-73
dated July 14, 1965, as amended, known as ``Older Americans
Act''. It can also be designated by the Governor of Puerto
Rico as the local agency in charge of any other federal
awards destined for elderly programs.
Now, The Commonwealth of Puerto Rico (herein after
Commonwealth) in cohort with the Puerto Rico Energy Power
Agency (herein after PREPA) have placed into action a project
denominated The Via Verde Pipeline which is a planned natural
gas network to supply liquefied gas from north to south in
Puerto Rico, a project of Governor Luis Fortuno.

[[Page H3006]]

The pipeline will distribute natural gas from the Penuelas/
Guayanilla area north to the Arecibo Cambalache Plant on to
Palo Seco/San Juan.
``Via Verde'' will negatively impact forest areas,
hydrographic basins, lands fit for agriculture, and the all-
important and endangered karstic region of northern Puerto
Rico.
Furthermore, more than 200 elderly individuals, under the
protection of the Older American Act are being affected and
their rights under that federal statute and the Constitution
being breached and violated by Commonwealth and PREPA.
These repetitive violations have become a danger to the
lives, health, rights and property of the elderly population
of the sector being impacted by the Via Verde project by way
of illegal trespassing into the properties of the elderly
under the false pretext of measuring a non existing right of
way, illegal trespassing into the homes of the elderly with
fraudulent pretenses to generate a written authorization from
the elderly to allow and permit a consented purchase of their
property to the Commonwealth and PREPA well below market
value of the property, without granting the elderly the
opportunity to seek counsel, a recent appraisal of their
property or to contest the eminent domain procedure which
they are threatened with if they do not grant a
``voluntary'' consent to sell their properties.
Furthermore, the elderly population is being targeted with
a psychological ``warfare'' tactic through constant
``buzzing'' of low flying Commonwealth and PREPA helicopters,
some of which ``sit'' on top of the elderly individuals
residences for a prolonged period of time without any
apparent reason or motive, but to scare and cause fear in
people of 80 or 90 years old with cardiac and hypertensive
medical conditions which, in many cases have never been
outside the rural areas and therefore never been exposed to a
helicopters noise and ``buzzing''. These ``buzzing'' flights
are being conducted day and intermittently at night under the
500 feet limit without any cause or reasonable explanation.
Title 14, Code of Federal Regulations, Section 91.119 of
the General Operating and Flight Rules specifically prohibits
low-flying aircraft, except when necessary for takeoff or
landing, over any congested area of a city, town, or
settlement, or over any open air assembly of persons, an
altitude of 1,000 feet above the highest obstacle within a
horizontal radius of 2,000 feet of the aircraft, over other
than congested areas, over an altitude of 500 feet above the
surface except over open water or sparsely populated areas.
In the latter case, the aircraft may not be operated closer
than 500 feet to any person, vessel, vehicle, or structure.
This rule of thumb applies to Helicopters which may be
operated at less than the minimums prescribed above, if and
only if, the operation is conducted without hazard to persons
or property on the surface.
OPPEA has sworn statements from many of the elderly
population being seriously affected by the actions undertaken
by Commonwealth and PREPA as well as a psychological study of
the adverse effect that these actions have caused on the
general elderly population of the areas impacted by the Via
Verde project.
Identification: The civilian helicopters involved in the
``buzzing'' flights are readily identifiable since they bear
the markings of PREPA or are being rented by PREPA or its
agents or subcontractor, New Star Acquisitions. The
``buzzing'' flights are being performed under the 500 feet
limit as per the above mentioned CFR, by aircraft number
N5800, N5854, and N5842.
These flights have been occurring since the last six months
almost every Monday, Wednesday and Friday.
These flights have been occurring in the area of Adjuntas,
Orocovis and Penuelas, Puerto Rico. The aircrafts have been
flying in no particular direction since they are ``buzzing''
the residents within the area or sites where the Via Verde
gas pipeline project is to be constructed.
The color of the aircrafts are plainly visible in the
photographs attached.
The altitude in which these flights regularly occur are
below the 500 feet tarmac limit imposed by the CFR cited
above. The flight below the limit was estimated on the
remaining distance between the roof of the houses in which
the ``sitting'' and the ``buzzing'' was being performed by
the pilots of the aircrafts operated by the Commonwealth and
PREPA.
Some of the witnesses submitted sworn statements which are
at your disposal for inclusion in the investigative process.
The names, addresses and telephone numbers are included in
this Complaint for your perusal.
More photographs and statements will be made available to
you as soon as they are obtained from our clients.
We understand that some elderly residents in the towns of
Penuelas, Utuado and Adjuntas did file complaints before the
Puerto Rico Police Department and therefore the criminal
complaints will be submitted as soon as we obtain a certified
copy from the Police Department.
Understanding that these actions and policies are an open
violation of the Civil Rights Act, the Older American Act and
the federal statutes and regulations of which you are
particularly in charge of administering, we request a formal
criminal and civil investigation from your Department.
After the investigation we are confident that your
Department will have reasonable cause to believe that the
Commonwealth and PREPA are engaged in a pattern or practice
of violating the FAA regulations and the rights of the
elderly population impacted by the Via Verde Project and that
the pattern or practice is of such a nature that it is
intended to deny the full exercise of the rights of our
client and of many others numbering in the thousands.
If you have any doubts or questions, please do not hesitate
to contact us at (787) 721-6121.
Cordially,
Rossana Lopez Leon, MSG,
Ombudsman for the Elderly.
____

Commonwealth of Puerto Rico, Puerto Rico Office of the
Ombudsman for the Elderly
San Juan, Puerto Rico, April 26, 2011.
Re Complaint by the Puerto Rico Office of the Ombudsman for
the Elderly Against the Commonwealth of Puerto Rico and
the Puerto Rico Energy Power Authority.

Mr. Gene L. Dodaro,
Comptroller General, Government Accountability Office,
Washington, DC.
Dear Sir: The Puerto Rico Office of the Ombudsman for the
Elderly (hereinafter OPPEA) represented by the undersigned,
Hon. Rossana Lopez Leon, is the ``state unit on aging of
Puerto Rico'' in charge of enacting the Older Americans Act
by virtue of the provisions of Act No. 203 of August 7, 2004,
as well as by the ``Bill of Rights for Aged Persons in Puerto
Rico'', Act No. 121 of July 12, 1986, as amended.
OPPEA, upon attending to the needs of this specific
population, acts as an enabling agent in the search for a
better quality of life for these residents, who on occasion
are deprived of their civil and human rights as members of
our society for which it receives substantial federal funds.
As a matter of fact, OPPEA receives 90% of its budget from
federal sources.
The creation of this office serves the purpose of
reaffirming the importance of the elderly citizens in our
country, guaranteeing their full enjoyment of the rights and
prerogatives which they are entitled to.

ORGANIZATION

OPPEA was created through local public Law Number 203,
dated August 7, 2004, as a governmental organism responsible
for establishing public policy, planning and coordinating
with other public agencies the design and development of
projects and programs in order to attend basic needs of the
elderly population, establishing the rights of the elderly
people, in order to help them attain an enjoyable and
productive life and their maximum possible participation in
community affairs. All funds, equipment, personnel and other
assets and liabilities previously managed by OGAVE
(Governor's Office for Elderly Affairs) were transferred to
OPPEA as a result of the above law.
OPPEA is the local organism responsible for planning and
coordinating all matters related to federal awards received
from federal laws for the purpose of attending the problems
of the elderly population.
OPPEA is also the agency designated to administer and
implement the federal programs of federal public Law 89-73
dated July 14, 1965, as amended, known as ``Older Americans
Act''. It can also be designated by the Governor of Puerto
Rico as the local agency in charge of any other federal
awards destined for elderly programs.
Local public Law Number 203 permits OPPEA to design
programs in order to provide possible work opportunities and
training and re-training to elderly citizens. Also, it offers
alternatives in order for elderly people to join actively in
the community and, for those able to, to provide consultative
or professional services to the community.
OPPEA operates under an Ombudsman named by the Governor of
Puerto Rico, with the consent and advice of the Senate of
Puerto Rico for a fixed term of 14 years with the
responsibility of organizing and directing the functions of
the Office. The current Ombudsman is appearing Plaintiff,
Hon. Rossana Lopez Leon whose term expires on 2014.
Other functions and duties of OPPEA are:
a. Encourage participation of citizens in the development
and implementation of programs and projects for the elderly
people;
b. Provide technical advice and guidelines to other public
agencies and/or private institutions who request them in
order for them to improve the services they render to elderly
citizens;
c. Organize and prepare conferences and seminars, and
perform studies and investigations, by themselves or in
coordination with other public agencies or private entities,
in order to develop new approaches and methods, and the
development of the necessary personnel to provide services to
the elderly population;
d. Compile, accumulate and analyze all statistical data
necessary for the planning, coordination and the development
of a public policy related to elderly affairs, that responds
to the needs of the particular moment;
e. Educate the community regarding the elderly affairs in
order to create a positive attitude towards the elderly
population;
f. Provide information to elderly people regarding the
services, benefits, programs and activities that public
agencies and private entities offer; and
g. Recommend to the Governor of Puerto Rico and the
Legislative Assembly those procedures they believe necessary
in order to attend the problems and necessities of the
elderly community.

[[Page H3007]]

h. Attend to grievances brought by elderly citizens,
including the imposition of fines and the compensation for
damages.
Now, the Commonwealth of Puerto Rico (hereinafter ELA) in
cohort with the Puerto Rico Energy Power Agency (hereinafter
PREPA) have placed into action a project, The Via Verde
Pipeline, which is a planned natural gas network to supply
energy from north to south in Puerto Rico, a project of
Governor Luis Fortuno.
The pipeline will distribute natural gas from the Penuelas/
Guayanilla area north to the Arecibo Cambalache Plant on to
Palo Seco/San Juan.
``Via Verde'' will negatively impact forest areas,
hydrographic basins, lands fit for agriculture, and the all-
important and endangered karstic region of northern Puerto
Rico. It will also represent further dependence on another
form of fossil fuel that, while less polluting than the
current oil based system of electricity generation, will
still contribute to global warming.
Furthermore, more than 200 elderly individuals, under the
protection of the Older American Act are being affected and
their rights under that federal statute and the Constitution
being breached and violated by Commonwealth and PREPA.
These repetitive violations have become a danger to the
lives, health, rights and property of the elderly population
of the sector being impacted by the Via Verde project by way
of illegal trespassing into the properties of the elderly
under the false pretext of measuring a nonexisting right of
way, illegal trespassing into the homes of the elderly with
fraudulent pretenses to generate a written authorization from
the elderly to allow and permit a consented purchase of their
property to the Commonwealth and PREPA well below market
value of the property, without granting the elderly the
opportunity to seek counsel, a recent appraisal of their
property or to contest the eminent domain procedure which
they are threatened with if they do not grant a ``voluntary''
consent to sell their properties.
Furthermore, the elderly population is being targeted with
a psychological ``warfare'' tactic through constant
``buzzing'' of low flying Commonwealth and PREPA helicopters,
some of which ``sit'' on top of the elderly individuals'
residences for a prolong period of time without any apparent
reason or motive, but to scare and cause fear in people of 80
or 90 years old with cardiac and hypertensive medical
conditions which, in many cases have never been outside the
rural areas and therefore never been exposed to a
helicopter's noise and ``buzzing''. These ``buzzing'' flights
are being conducted day and intermittently at night under the
500 feet limit without any cause or reasonable explanation.
These repetitive violations have become a danger to the
lives, health, rights and property of the elderly population
of the sector being impacted by the Via Verde project by way
of illegal trespassing into the properties of the elderly
under the false pretext of measuring a nonexisting right of
way, illegal trespassing into the homes of the elderly with
fraudulent pretenses to generate a written authorization from
the elderly to allow and permit a consented purchase of their
property to the Commonwealth and PREPA well below market
value of the property, without granting the elderly the
opportunity to seek counsel, a recent appraisal of their
property or to contest the eminent domain procedure which
they are threatened with if they do not grant a ``voluntary''
consent to sell their properties.
Furthermore, most of the elderly population residing in the
impacted areas receive their water supply from private or
public reservoirs that are a huge part of the underground
karstic region. It has been evidenced by the detractors of
the Via Verde project that the underground water supply will
be contaminated by bentonite, polymers, surfactants and dye
tracers which would render the underground water supply
contaminated and useless for human consumption. The Corps
must be aware that there is no other source of water for
these elderly residents of the region since in many parts of
the rural regions where they reside the Commonwealth does not
provide a source of water.
Moreover, it should be public notice that the Government of
Puerto Rico has not only already spent millions of dollars
from state public coffers but also from federal sources like
ARRA and has authorized multimillion dollar contracts for the
purchase of land, materials (gas pipeline) and the
construction of the gas pipeline itself, without the
appropriate permits from the U.S. Corps of Engineers, U.S.
Wildlife and Fisheries and other relevant federal agencies.
Thus, this project which is being constructed is illegal for
lack of appropriate permits.
This situation is not only contrary to the Law 230 of July
31, 1974 (3 L.P.R. secc. 283) as amended, also known as the
Puerto Rico Accounting Law, but also in direct contrast to
Law 96 of June 26, 1964 as amended. See also the Opinions of
the Justice Secretary of Puerto Rico number 2010-15 and
H.M.C.A. (P.R.) Inc et al. v. Contralor 126 D.P.R. 478
(1990).
Understanding that these actions and policies are an open
violation of the Civil Rights Act, the Americans with
Disabilities Act and the Age Discrimination in Employment
Act, among others, we request a formal criminal and civil
investigation from your Department.
After the investigation we are confident that your
Department will have reasonable cause to believe that any
person or group of persons is engaged in a pattern or
practice of resistance to the full enjoyment of any of the
rights secured by the law, and that the pattern or practice
is of such a nature and is intended to deny the full exercise
of the rights of our client and of many others numbering in
the thousands.
If you have any doubts or questions, please do not hesitate
to contact us.
Cordially,
Rossana Lopez Leon, MSG,
Ombudsman for the Elderly.
____

U.S. Army Corps of Engineers,
South Atlantic Division,
Jacksonville, FL.
U.S. Army Corps of Engineers,
South Atlantic Division,
Atlanta, Georgia.
Dear Sir: The Puerto Rico Office Of The Ombudsman For The
Elderly (herein after OPPEA) represented by the undersigned,
Hon. Rossana Lopez Leon, is the ``state unit on aging of
Puerto Rico'' in charge of enacting the Older Americans Act
by virtue of the provisions of Act No. 203 of August 7, 2004,
as well as by the ``Bill of Rights for Aged Persons in Puerto
Rico'', Act No. 121 of July 12, 1986, as amended.
OPPEA, upon attending to the needs of this specific
population, acts as an enabling agent in the search for a
better quality of life for these residents, who on occasion
are deprived of their civil and human rights as members of
our society for which it receives substantial federal funds.
As a matter of fact, OPPEA receives 90% of its budget from
federal sources.
The creation of this office serves the purpose of
reaffirming the importance of the elderly citizens in our
country, guaranteeing their full enjoyment of the rights and
prerogatives which they are entitled to.
OPPEA is also the agency designated to administer and
implement the federal programs of federal public Law 89-73
dated July 14, 1965, as amended, known as ``Older Americans
Act''. It can also be designated by the Governor of Puerto
Rico as the local agency in charge of any other federal
awards destined for elderly programs.
Now, The Commonwealth of Puerto Rico (herein after
Commonwealth) in cohort with the Puerto Rico Energy Power
Agency (herein after PREPA) have placed into action a project
called The Via Verde Pipeline (application of reference)
which is a planned natural gas network to supply energy from
north to south in Puerto Rico, a project of Governor Luis
Fortuno.
The pipeline will distribute natural gas from the Penuelas/
Guayanilla area north to the Arecibo Cambalache Plant on to
Palo Seco/San Juan.
``Via Verde'' will negatively impact forest areas,
hydrographic basins, lands fit for agriculture, and the all-
important and endangered karstic region of northern Puerto
Rico as your letter of December 22, 2010 sent to PREPA has
underscored.
Furthermore, more than 200 elderly individuals, under the
protection of the Older American Act, residing for more than
30 years in the area to be impacted by the Via Verde project
are being and will be adversely affected and their rights
under federal statutes and regulations breached and violated
by Commonwealth and PREPA.
These repetitive violations have become a danger to the
lives, health, rights and property of the elderly population
of the sector being impacted by the Via Verde project by way
of illegal trespassing into the properties of the elderly
under the false pretext of measuring a non existing right of
way, illegal trespassing into the homes of the elderly with
fraudulent pretenses to generate a written authorization from
the elderly to allow and permit a consented purchase of their
property to the Commonwealth and PREPA well below market
value of the property, without granting the elderly the
opportunity to seek counsel, a recent appraisal of their
property or to contest the eminent domain procedure which
they are threatened with if they do not grant a ``voluntary''
consent to sell their properties.
Furthermore, most of the elderly population residing in the
impacted areas receive their water supply from private or
public reservoirs that are a huge part of the underground
karstic region. It has been evidenced by the detractors of
the Via Verde project that the underground water supply will
be contaminated by bentonite, polymers, surfactants and dye
tracers which would render the underground water supply
contaminated and useless for human consumption. The Corps
must be aware that there no other source of water for these
elderly residents of the region since in many parts of the
rural regions where they reside the Commonwealth does not
provide a source of water.
Moreover, although alternative sites or projects have been
proposed to the Commonwealth, to no avail.
Our client has sworn statements from many of the elderly
population being seriously affected by the actions undertaken
by

[[Page H3008]]

Commonwealth and PREPA as well as a psychological study of
the adverse effect that these actions have caused on the
general elderly population of the areas impacted by the Via
Verde project.
Understanding that these actions and policies are an open
violation of the Older American Act and the federal statutes
and regulations of which you are particularly in charge of
administering, we request a formal filing of this complaint
before the Corps.
If you have any doubts or questions, please do not hesitate
to contact our office at (787) 721-6121.
Cordially,
Rossana Lopez Leon, MSG,
Ombudsman for the Elderly.

____________________