ESTATE estate law 26.725 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. Sanctioned: November 30, 2011 fact promulgated: December 27, 2011 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanction with force of law: article 1 °-authorize is to the power Executive national to transfer without charge to the grouping Mapuche Curruhuinca, personality legal granted by Decree No. 3505 of date 1 ° of October of 1986 of the power Executive of the province of the Neuquén, the domain in property community of the portion public corresponding to the property lot twenty-seven (27), Cologne pastoral Maipú , Department Lacar, jurisdiction of the Lanin national reserve, according to plans made by the quartermaster of the Lanin National Park, belonging as annexes IV and V of this law; with exception of it planned in the articles 4 ° and 5 °. The total area affected to this assignment will be bounded depending on the results that the measurement, which should be developed and registered in one period not exceeding one (1) year from the promulgation of this law by the Curruhuinca group, under the control and subsequent approval of the national parks administration.
Article 2º - is the purpose of the present assignment of lands national recognition of the territory communities of native peoples that occupy it traditionally, and also to establish and develop within a portion of approximately 77 hectares of the assigned property, an intercultural, environmentally sustainable housing conglomerate, whose identification and description of boundaries and plots are detailed in the annexes IV and V bound to be occupied by family members of "Neighbours" homeless and housing, Civil Association, with legal personality granted by Decree resolution No. 252 dated 29 May 2008 of the Executive branch of the province of Neuquén. This, as a result of the agreements outlined in the signed minutes of October 3, 2008 between the municipality of San Martín de los Andes, the administration of national parks, the Mapuche Curruhuinca community, the neighbors Association without roof and by a dwelling worthy and the Mapuche Neuquina Confederation. And in the Acta agreement of the day 20 of March of 2009 signed between the community Mapuche Curruhuinca and "neighbour without roof and by a housing worthy Association Civil", that as annexes II and III form part of this standard.
Article 3º - the establishment of the housing conglomerate in the assigned community-owned property no matter reduction or taxation of community ownership of the same, but the https://www.boletinoficial.gob.ar/pdf/linkQR/N0k0NHRtWlNDZEZycmZ0RFhoUThyQT09 perpetual grant of use of the land to housing core within the limits laid down in annexes IV and V, perimeter that are part of this law each of the beneficiaries members "Neighbors homeless and housing, Civil Association" to condition maintain that destiny, so no property beyond the plots defined in that annex may be subdivided and no person may invoke rights possession or domain different to the community property Curruhuinca. The emerging rights of assignment granted to beneficiaries are exclusive, are outside the trade and will only be communicable to universal title, otherwise revert to the Curruhuinca community with all its improvements, without right to your payment.
Article 4º - authorized the Executive Branch to transfer free of charge to the municipality of San Martín de los Andes the domain and the jurisdiction of the properties listed below are listed according to act and planes, belonging to as annexes IV and V of this law: to) a portion of approximately 31 hectares on lot 27, bound for sports use recreational, cultural, educational, health and municipal infrastructures; (b) a fraction of approximately 13.5 acres of lot 27, with restrictions to the category of protected forest less one (1) hectare that is transferred under the terms of article 1 ° of the law to the Community domain from the Mapuche Curruhuinca community for the construction of a community student hostel with a recreational area. The total area affected to this assignment will be defined depending on the results that the measurement, which should be developed and registered in one period not exceeding one (1) year from the promulgation of this law; by the municipality of San Martín of the Andes, under the control and subsequent approval of the administration of national parks.
Article 5 °-the nation is book the jurisdiction of the administration of parks national on the surface transferred in property community in the Sector West of the lot 27 and the use of the sectional "Bandurrias" of the Park national Lanin. The nation gives jurisdiction to the municipality of San Martín de los Andes 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, assignment that must be accepted by municipal administrative act.
Article 6º - with the exception of the jurisdiction transferred to the municipality of San Martín de los Andes, modalities for the use of space and the use of natural resources, as also the authorization for the development of all activity within the area being transferred, are subject to the provisions of the law 22.351, to standards issued the same enforcement authority and technical assessments which, in each case, made the administration of National parks.
Article 7º - La Nación transfers to the provincial public domain, by surveying, route No. 48 provincial level and jurisdiction will be shared between the national parks administration and the province of Neuquén, according to Acta and planes that make up the annexes IV and V of this Act. The measurement will be made in accordance with the measurement set forth in article 1 of the present, leaving constituted rights of easement in favor of their current beneficiaries of use, which will expire at the time that stops the utility currently provided.
Article 8 °-the grouping Mapuche Curruhuinca will ensure the right of transit in them current routes and/or roads neighborhood that as consequence of it present enter in it property community transferred, leaving constituted of full right them easements of transit in favor of their current https://www.boletinoficial.gob.ar/pdf/linkQR/N0k0NHRtWlNDZEZycmZ0RFhoUThyQT09 beneficiaries starting from the entry in force of the present law. Similarly ensures the project and the construction of the link from route provincial No. 48 to route provincial No. 62 to San Martín de los Andes attached with Lolog Lake, which will be agreed upon between road authorities, the municipality of San Martín de los Andes, the administration of national parks, the Mapuche Curruhuinca grouping, the "neighbors without roof and by a dwelling worthy" , Asociación Civil, and the Confederation Mapuche Neuquina. Which will be affected in the provincial public domain by plane of measurement subsequent to the completion of the work.
Article 9 °-a time made the mensura final, the power Executive national through the authority of application corresponding and it community Mapuche Curruhuinca agreed the form of delimit those sectors that lack of limits geographical natural.
ARTICLE 10. -The deed will be issued by the legal representative of the administration of national parks before the General notary of Government and in accordance with the provisions of the article 8 of the law 23.302, without charge to the authorities, once approved by the surveys referred to in articles 1 and 4, and subject to all the restrictions and obligations established with respect to the assigned property , chapter IV of the law 23.302.
ARTICLE 11. -The present transfer 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 the national law 23.302, its regulatory decree 155/89, of the 22.351 national law and of the resolutions of the national parks Administration referred to the comanagement of this with the indigenous communities.
ARTICLE 12. -Expenses that demands the present will be in charge of the administration of national parks.
ARTICLE 13. -The national executive power, once registered the mensura, shall carry out the necessary formalities for the granting of respective translational domain writings.
ARTICLE 14. -Integrate the present law the following annexes: Annex I: flat made by the QUARTERMASTER of the Park national LANIN of the portion of the lot 27 which is yields and of the portion for the site of the INTERCULTURAL area. ANNEX II: ACTA AGREEMENT OF THE DAY ON OCTOBER 3, 2008. ANNEX III: ACTA AGREEMENT ON MARCH 20, 2009. ANNEXES IV AND V: ACTA AGREEMENT AND PLANS FOR THE DAY ON FEBRUARY 10, 2010. In the event of discrepancy or disagreement between the annexes subsequent will have validity in time.
ARTICLE 15. -Communicate to the Executive Branch: given in the room of session of the Argentine Congress in BUENOS AIRES, on 30 November of the year two thousand eleven. -REGISTERED UNDER NO. 26.725 - EDUARDO A. FELLNER. -JUAN C. MARINO. -Enrique Hidalgo. -John H. Estrada.
Note: the annexes not be published. The unpublished documentation can be consulted at the Head Office of this National Directorate (Suipacha 767 - Ciudad Autónoma de Buenos Aires) and in https://www.boletinoficial.gob.ar/pdf/linkQR/N0k0NHRtWlNDZEZycmZ0RFhoUThyQT09 www.boletinoficial.gob.ar publication date: 03/01/2012 https://www.boletinoficial.gob.ar/pdf/linkQR/N0k0NHRtWlNDZEZycmZ0RFhoUThyQT09