Sanctioned: November 21, 2001
Enacted: December 17, 2001.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
TRANSFER OF TIERRAS IN COMUNITARIA PROPERTY FOR MAPUCHE AGRUPATIONARTICLE 1 Authorize the national executive branch to transfer without charge to the Mapuche Cayun Group, made up of all the members of the Cayun Indigenous Group, legal entity granted by decree 3224 of 29 September 1989 of the executive branch of the province of Neuquén and registered in the National Registry of Indigenous Communities (RENACI) by resolution 3115/96 of the Ministry of Social Development The total area affected by this assignment shall be delimited according to the results of the messure, which shall be elaborated and approved within a period not exceeding one (1) year from the promulgation of this law and that to that end will practice the Cayun Group under the control and subsequent approval of the National Parks Administration. The above-mentioned documentation and plans are attached to the present by becoming an integral part of it. ARTICLE 2 This assignment is carried out within the framework of the provisions of article 75, paragraph 17 of the National Constitution and in accordance with the provisions of National Law 23,302, its regulatory decree 155/89 and the National Law 22.351. Article 3 The Nation reserves the jurisdiction over the area given in ownership, so that the modalities for the use of space and the use of natural resources, as well as the authorization for the development of any activity within the area that is transferred, shall be subject to the provisions of Law 22.351, to the rules emanating from the authority of application of the same, to the technical assessments that in each case make the Administration of National Parks, and in particular to the date of the ARTICLE 4 The implementation of Law 23.302 and Decree 155/89 regulating it, achieving its objectives, the development, implementation and implementation of plans for the promotion, promotion, development and exploitation shall be carried out with the prior intervention, advice and approval of the National Parks Administration under the provisions of Law 22,351 and its complementary standards. The use of the assigned land shall be carried out in an all-in accordance with article 12 of Act No. 23,302 and under Act No. 22.351. ARTICLE 5o They are exempt from this assignment:
(a) The coastal strip on the Lacar lake corresponding to the lots sixty-two (62) and sixty-three (63), of thirty (30) meters measured from the maximum growing line;
(b) The roads to the coastal zone located west of the lot sixty-three (63) and between the lots sixty-one (61) and sixty-two (62) according to the definitive route to be determined by the National Parks Administration. The Mapuche Cayun Group must guarantee the right of passage through the neighborhood paths that remain within its community property.ARTICLE 6 Once the final need is made, the national executive branch through the corresponding enforcement authority and the assignee will agree on the fence of those sectors that lack natural geographical limits. ARTICLE 7 The productive activities to develop in the area, as well as the maximum surface that in total can be artificialized for the implementation of the complementary buildings and installations that integrate the different settlements, will be determined by the Administration of National Parks sustainable of the natural resources and the conservation of the natural characteristics of the area. ARTICLE 8 Translative deed of domain will be granted by the legal representative of the National Parks Administration before the Government's General Scribe and in accordance with Article 8 of Law 23.302, without charge for the assignee, once the mensuras specified in Article 1 are approved. Article 9 Contact the Executive.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE MONTH YEAR DOS MIL UNO.
PASCUAL RAFAEL. . MARIO A. LOSADA. . Guillermo Aramburu. . Juan C. Oyarzún.
The National Parks Administration, represented by the President of the Board, Dr. Felipe LARIVIERE, henceforth "La Administración", and the Mapuche Cayún Group, represented by the Cacique Filomena CAYUN, henceforth "La Agrupación", in the terms of what was analyzed during the meeting held on October 11, 1995 in the Lanín National Park Intendence between the representatives of that Group and Mr. Presidential Adviser, Dn. Francisco ERIZE, celebrate this Act, which will be governed by the following clauses:
FIRST: The Administration undertakes to authorize, through the dictation of the respective Resolution, the request of the Agrupación, in the sense of allowing the settlement of direct descendants of the current occupants, whose payroll is included in Annex I of the present, in the lands currently used by the Cayun Community, within the pastoral lots 62 and 63, as well as the section of the lot 30 located south of the Provincial Route 48. The new occupants must comply with the current regulations and the indications to be made by Disposition by the Lanín National Park Intendence, regarding the installation sites of the houses and other requisitioned to adopt in each case.
SEGUNDA: The Administration will authorize the families mentioned in the preceding clause to carry out economic activities of farm and horticulture, for which will be carried out with the National Institute of Agricultural Technology (INTA) for the purpose of providing the Group with the necessary technical advice.
THIRD: In the framework of the efforts being made to specify the transfer of ownership of the lands occupied by the Cayun Community, the parties agree on the following terms:
(a) The lands whose cession of dominance will be promoted by the National Congress Law, will be those indicated in the chrome attached as Annex II, involving the 62 and 63 complete pastoral lots, the 30 and 31 pastoral batches that are south of Provincial Route 48, and the western section of Lot 29 to the so-called Loma Atravesada, located south of Provincial Route 48.
(b) The following lands to be kept from the public domain will be excluded from the above-mentioned sector:
b.1.. Coastal strip on Lake Lácar corresponding to lots 62 and 63, of 30 (treinta) meters measured from the maximum growing line;
b.2.. Roads of access to the coastal zone located west of lot 63, and between lot 61 and 62, according to definitive trace to determine by the Administration.
(c) The Group agrees that the section of the 31st lot located south of the 48th Provincial Route and east of the Quilahuintos Arroyo, corresponding to a ñirantal burned, will be unused until its recovery occurs. The parties also agree that the use of the batches 31 and 63 that are west of the Quilahuintos Arroyo will be subject to the prior wire of the western limit of such lots. To this end, the Administration will provide technical assistance for the delinde, with the materialization of the wires by the Group.
(d) The Administration will provide technical assistance to the Group in order to achieve a sustainable use of natural resources in the lands whose domain will be transferred.
(e) Both sides will take action with the Argentine Army to implement the transfer of Mr. Ulloa and the cattle that he owns outside the lands that will be transferred to the Group.
(f) The Administration will take charge of relocating outside of the lands to be transferred to the Cayun Community, the settlement and cattle belonging to the Emilio Vázquez Succession, holder of the Occupational and Pastage Permit No. 325.
(g) The Group undertakes to authorize within the lands to be transferred to it, the permanence of the members of the population of Ms. Aurora Pallafquen (Mariano Llancafilo Succession, Precarious Permit of Occupation and Pastage No. 196) and its successors, as well as the pastage of the animals they possess, or of other economic activity that they develop in the future.
FOURTH: Achieving the cession of domain referred to in La Cláusula TERCERA, subparagraph (a), the Administration will provide its technical assistance and collaboration for the representatives of the Cayun and Curruhuinca Groups to agree on the exchange of the western sector of lot 61, which is owned by the group cited in the last term, by the western sector of lot 29, in the future of ownership of the Agrupación. The limits of the sectors to exchange and other characteristics of the agreement will be determined by the representatives of both groups.
Not being for more, and after reading the present, two (2) copies of the same tenor and one effect are signed in accordance, in San Martín de los Andes, on 29 days of November 1995.
* Mr. Esteban MANQUI, your wife and three children.
* Mr. Gerardo VERA, your wife and four children.
* Mrs. Elsa VERA, your husband and four children.
* Mrs. Ana B. CAYUN, your husband and six children.
* Mrs. Filomena CAYUN and her husband.
* Mr. Mario René CAYUN.