Advanced Search

Authorize Is To The Power Executive National To Transfer Without Charge To The Grouping Mapuche Curruhuinca A Property Of The Cologne Pastoral Maipú, Department Lacar, Jurisdiction Of The Book National Lanin Of The Province Of The Neuquén.

Original Language Title: Autorízase al Poder Ejecutivo Nacional a transferir sin cargo a la Agrupación Mapuche Curruhuinca un inmueble de la Colonia Pastoril Maipú, Departamento Lácar, jurisdicción de la Reserva Nacional Lanín de la Provincia del Neuquén.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

BUILDINGS

Law 26,725

Authorization to the National Executive to transfer without charge to the Mapuche Grouping Curruhuinca a building of the Colonia Pastoril Maipú, Department Lacar, jurisdiction of the Lanín National Reserve of the Province of Neuquén. Sanctioned: November 30, 2011 Enacted in Fact: December 27, 2011

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

Article 1-Authorize the National Executive to transfer without charge to the Mapuche Grouping Curruhuinca, legal status granted by decree No. 3505 dated October 1, 1986 of the Executive Branch of the Province of Neuquén, the domain in Community property of the public portion corresponding to the building Lot Twenty-seven (27), Colonia Pastoril Maipú, Department Lacar, jurisdiction of the National Reserve Lanín, according to plans made by the Intendence of the Lanín National Park, which as Annexes IV and V are part of this law; except as provided for in the Articles 4 and 5. The total area affected by this cession shall be delimited according to the results of the measure, which shall be drawn up and registered within a period not greater than one (1) year after the enactment of this law by the Curruhuinca Group, under the supervision and subsequent approval of the Administration of National Parks.

Article 2-The purpose of this cession of national lands is the recognition of the territory to the communities of original peoples who occupy it traditionally, and also to establish and develop within a portion of approximately Some 77 hectares of the ceded building, an intercultural, environmentally sustainable housing conglomerate, whose identification and description of boundaries and plots are detailed in Annexes IV and V, to be occupied by family members "Neighbors without Roof and By A Digna Housing, Civil Association", with people The law granted by decree resolution No. 252 dated May 29, 2008 of the Executive Branch of the Province of Neuquén. As a result of the agreements detailed in the Minutes of October 3, 2008, signed between the Municipality of San Martín de los Andes, the Administration of National Parks, the Mapuche Community Curruhuinca, the Neighborhood Association Without a roof and for a Digna Housing and the Mapuche Confederation Neuquina. And in the Agreed Minutes of 20 March 2009 signed between the Mapuche Community Curruhuinca and "Vecinos without Roof and By A Housing Digna Civil Association", which as Annexes II and III are part of this norm.

ARTICLE 3-The establishment of the housing conglomerate in the property of the Community property transferred does not matter any impairment or charge to the community property of the same, but the

https://www.boletinoficial.gob.ar/pdf/linkQR/N0k0NHRtWlNDZEZycmZ0RFhoUThyQT09

Page 1

transfer of perpetual use of the predium to a residential core within the perimeter limits set out in Annexes IV and V, which are part of this law, to each of the beneficiaries members of " Neighbor without Roof and For One Housing Dignified, Civil Association " on condition of maintaining that destination, so that the buildings beyond the plots defined in that Annex cannot be subdivided and no person may invoke possesory or domain rights other than those of the Community property Curruhuinca. The emerging rights of the cession granted to the beneficiaries are exclusive, outside of the trade and will only be transmitted to the universal title, otherwise they will revert to the Curruhuinca Community with all their improvements, without right to their collection.

ARTICLE 4-Authorize the National Executive Branch to transfer without charge to the Municipality of San Martín de los Andes the domain and jurisdiction of the premises that are detailed below, according to Acta y Planos, which as Annexes IV and V are part of the of this law: a) A portion of approximately 31 hectares of Lot 27, for use in sport, recreation, culture, education, health and municipal infrastructure; b) A fraction of approximately 13.5 hectares of the Lot 27, with restriction of use the category of Forest Protector minus one (1) hectare that is transferred in the terms of article 1 of the law to the community domain of the Mapuche community Curruhuinca for the construction of a community student hostel with an area recreational. The total area affected by this cession shall be delimited according to the results of the measure, which shall be drawn up and registered within a period not exceeding UN (1) year after the enactment of this law; Municipality of San Martín de los Andes, under the supervision and subsequent approval of the Administration of National Parks.

ARTICLE 5-The Nation reserves the jurisdiction of the Administration of National Parks on the area transferred in community property in the West Sector of the Lot 27 and the use of the Sectional "Bandurrias" of the Lanín National Park. The Nation cedes jurisdiction to the Municipality of San Martín de los Andes of the 76,728 hectares affected to the project described in the second article, and the 19,972 hectares under the private domain of the Argentine Army, which must be accepted. by municipal administrative act.

ARTICLE 6-With the exception of the jurisdiction ceded to the Municipality of San Martín de los Andes, the modalities for the use of space and the use of natural resources, as well as the authorization for the development of all activity within of the area transferred, shall be subject to the provisions of Law 22.351, to the rules emanating from the authority of application of the same and to the technical evaluations carried out in each case by the Administration of National Parks.

Article 7-The Nation transfers to the provincial public domain, by plan of mensura, the Provincial Route No. 48 and the jurisdiction will be shared between the Administration of National Parks and the Province of Neuquén, according to Acta and Planes that make up Annexes IV and V to this Act. The measure shall be carried out in accordance with the measure stipulated in the first article of the present article, with the rights of serfdom being constituted in favor of its current beneficiaries of use, which shall be extinguished at the time the utility ceases. which they currently provide.

ARTICLE 8-The Mapuche Grouping Curruhuinca will guarantee the right of transit in the current routes and/or neighborhood roads that as a consequence of the present enter the community property ceded, being constituted of full right Transit easements in favor of their current

https://www.boletinoficial.gob.ar/pdf/linkQR/N0k0NHRtWlNDZEZycmZ0RFhoUThyQT09

Page 2

beneficiaries from the entry into force of this law. Likewise, the project will be guaranteed and the construction of the link from the provincial route Nº 48 to the provincial route Nº 62 that will unite San Martín de los Andes with Lake Lolog, whose layout will be agreed between the road authorities, the Municipality of San Martín de los Andes, the Administration of National Parks, the Mapuche Grouping Curruhuinca, the "Homeless Neighbors and By A Digna Housing", Civil Association, and the Mapuche Confederation Neuquina. The one that will be affected to the provincial public domain by plan of mensura after the completion of the work.

Article 9-Once the final measure has been carried out, the National Executive Branch through the appropriate implementing authority and the Mapuche Community Curruhuinca will agree on the way to delimit those sectors that lack limits. Natural geography.

ARTICLE 10. -The transfer of domain will be granted by the legal representative of the Administration of National Parks to the General Government and in accordance with the provisions of article 8 of Law 23.302, free of charge for the Once the menses indicated in articles 1 and 4 are approved, the latter is subject to all restrictions and obligations which it establishes in respect of the transferred property, Chapter IV of Law 23.302.

ARTICLE 11. -The present transfer is carried out within the framework 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, National Law 22,351 and the National Park Administration resolutions concerning the management of the National Park with indigenous communities.

ARTICLE 12. -The costs of the present will be in charge of the Administration of National Parks.

ARTICLE 13. -The National Executive Branch, once the measure has been registered, will proceed to carry out the necessary procedures for the granting of the respective translational scriptures of dominion.

ARTICLE 14. -The following Annexes are included in this law: ANNEX I: PLAN CARRIED OUT BY THE INTREND OF THE LANÍN NATIONAL PARK OF THE PORTION OF LOT 27 THAT IS TRANSFERRED AND OF THE PORTION FOR THE PLACEMENT OF THE INTERCULTURAL DISTRICT. ANNEX II: MINUTES AGREEMENT OF 3 OCTOBER 2008. ANNEX III: MINUTES AGREEMENT OF THE DAY 20 MARCH 2009. ANNEXES IV AND V: MINUTES AGREEMENT AND PLANS OF DAY 10 FEBRUARY 2010. In the event of a discrepancy or disagreement between the Annexes, subsequent validity shall be valid.

ARTICLE 15. -Contact the National Executive Branch: GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE THIRTIETH OF NOVEMBER OF THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER NO. 26.725-EDUARDO A. FELLNER. -JUAN C. MARINO. -Enrique Hidalgo. -Juan H. Estrada.

NOTE: The Annexes are not published. The unpublished documentation can be consulted at the headquarters of this National Directorate (Suipacha 767-Ciudad Autónoma de Buenos Aires) and in

https://www.boletinoficial.gob.ar/pdf/linkQR/N0k0NHRtWlNDZEZycmZ0RFhoUThyQT09

Page 3

www.boletinoficial.gob.ar

Date of publication: 03/01/2012

https://www.boletinoficial.gob.ar/pdf/linkQR/N0k0NHRtWlNDZEZycmZ0RFhoUThyQT09

Page 4