Law No. 337 law of 11 January 2013 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law of support to production of food and restitution of forests article 1. (OBJECT). The object of this law is to establish a unique regimen for the treatment of farms with land clearing is carried out without authorization on July 12, 1996 and December 31, 2011, the beneficiaries to use to the? Program of production of food and restoration of forests?, which has the character of national interest and public utility.
ARTICLE 2. (PURPOSE). This law aims to encourage, in premises which have been the subject of sockets without authorisation, food production to guarantee the fundamental right to sovereignty and food security and the restoration of affected areas of forests, within the framework of the provisions of paragraph II of the article 16 of the political Constitution of the State and the law No. 300 of October 15, 2012 , Law framework of the Earthmother and Integral Development for living well.
ARTICLE 3. (SCOPE OF APPLICATION).
I. this law shall apply to beneficiaries of land titled by the National Institute of agrarian reform? INRA, in process of sanitation or clean up premises in which there are sockets without authorisation; as well as to beneficiaries of estates with sanctioning administrative processes, which have no administrative decision by the authority of control and Social Control of forests and land? ABT.
II. small properties and collective properties of peasants, indigenous native peoples and Nations be eligible on a voluntary basis to the scope of this law.
III. excepted from the application of this law, the lands that are inside Protected Areas and forest reserves.
IV. in the case of small properties and collective properties, the application of this law shall not affect its right owner or lawful possession in the context of the constitutional provisions.
ARTICLE 4. (PROGRAM OF FOOD PRODUCTION AND RESTORATION OF FORESTS).
Do i. creates the production program of food and restoration of forests, with the aim of encouraging the production of food and the reforestation of affected areas, which will be in charge of the Ministry of Rural development and land? MDRyT, of the company's support to the production of food? PUBLIC, and the ABT.
II. the MDRyT, public and the ABT will be responsible for the registration, evaluation, approval, and monitoring of the components of the programme in a coordinated manner.
III. food production and restoration of forests programme will have a duration of five (5) years from its regulations.
IV. the programme has the following components: 1. food production component, which will move to the agricultural and livestock, efficient, sustainable and prioritized, production-based regimes, differentiated by region, developed productive activity and property class.
2. component of restitution of forest Areas, which will be oriented to the restoration and protection of the legal easements, and reforestation of affected forest areas.
V. The fulfillment of the components will be checked periodically.
ARTICLE 5. (REFORESTATION IN AFFECTED FOREST AREAS). In lands of permanent forest production, as regards land surfaces exceeding the fifty hectares (50 has), the beneficiaries of the program should restore the ten percent (10%) of the affected forest cover, in addition to the restitution of the easements ecological legal. Reforestation will be controlled by the competent authority.
ARTICLE 6. (SANCTION ADMINISTRATIVE BY DEFORESTING WITHOUT AUTHORIZATION).
I is set in an exceptional way, beneficiaries of estates who sign up to the program, will pay a single amount by concept of administrative penalty for remove without authorization. In the case of small properties and collective properties, establishing a system of benefits that involve lower fines, according to the following detail: class of property AREA payment in cash (UFV/hectare) payment deadlines (UFV/hectare) enterprise and medium Earth permanent forest production (TPFP) 235 313 enterprise and medium-sized 157 235 small medium TPFP elsewhere and other 117 117 TPFP community areas and other areas 39 39 payment is a prerequisite for the subscription the program, which may be cash or terms; in the latter case the first installment is the enabling condition.
II. are exempted from payment of fines, deforestation made by beneficiaries of collective properties until an area of twenty hectares (20 has) per household. In the case of the small property, exemption from the fine of up to twenty hectares (20 has) removed, will be given provided that the venue has a surface equal to or less than fifty hectares (50 has).
ARTICLE 7. (SUBSCRIPTION TO THE PROGRAM).
I to subscribe to the program stakeholders will have a geo-referenced plane that identifies the area with illegal deforestation, for purposes of determining surface and dislodged forest cover. The plane must be prepared by a professional accredited by the ABT based on identification of field; in case of check fraud with respect to the data presented, the benefit of joining the program will be canceled.
II. the procedure and operating technical criteria for the components of the program, will be established in express regulations drawn up and approved by the competent authorities.
ARTICLE 8. (TERMS AND CONDITIONS FOR THE SUBSCRIPTION TO THE PROGRAM). Subscription to the program must agree to the following terms and conditions: 1. in the case of medium-sized properties and agricultural companies in process that are at stage of field and do not have Final resolution of sanitation issued, establishes the period of six (6) months from the entry into force of the regulation of the program, for your registration to the same. For its assessment in the agricultural process, should have been identified agricultural or livestock productive activity and the area with clearance on the grounds, during the survey of information in field.
2. in the case of medium-sized properties and agricultural enterprises without sanitation, registration for the program must be from the entry into force of the regulation of the program prior to the issuance of the report conclusions. For purposes of assessment in the agricultural process, you must identify during the survey of information in field, the development of agricultural or livestock productive activity in the area.
3. in the case of small properties, and collective properties with regularisation in progress and clean up, sets the term of one (1) year from the entry into force of the regulation of the programme for registration.
4. in the case of the owners of agricultural enterprises and medium-sized properties sets the term of one (1) year from the entry into force of the regulation of the programme for registration.
5. in the case of the owners of small properties, and collective properties, sets the term of two (2) years starting from the entry into force of the programme regulations for registration.
ARTICLE 9. (EFFECTS OF THE PROGRAMME IN THE AGRICULTURAL FIELD).
I on grounds whose beneficiaries are signatory to the program, removed areas must be authorised by the ABT, according to the conditions laid down in article 4 of this law, to be considered as actually used within agricultural administrative areas.
II. for purposes of this law, and only in relation to areas with deforestation carried out without authorization is signatory to the food production program, the assessment of the Social economic function within agricultural procedures, farms with livestock will take into account the relationship of two hectares (2 has) with five thousand square meters (5,000 m²) per head of livestock , with the exception of the Chaco Region, which maintains the ratio of five hectares (5 has) per head of livestock.
ARTICLE 10. (FAILURE TO COMPLY WITH THE PROGRAM). Failure to comply with the program's beneficiaries will result in the following: 1. immediate application of the reversal procedure and/or the non-recognition in the area of clearing without authorization as effectively exploited area. In the application of the reversal procedure growth projection in the assessment of the Social economic function will not be recognized.
2. application of the system of patents, penalties and fines for illegal deforestation in accordance with the law N ° 1700 of July 12, 1996, forestry and its regulation by the ABT.
ARTICLE 11. (DESTINATION OF THE PROCEEDS OF THE SANCTIONS AND FINANCING OF THE PROGRAMME).
I. resources coming from the application of paragraph I of article 6 of this law, will be allocated to the General Treasury of the State? TGE.
II. the Ministry of economy and public finances, ensure the necessary financial resources for the implementation of the program and the socialization of the same.
III. the MDRyT, will be the request for resources for the program, including the ABT, INRA and public requirements.
FINAL PROVISIONS FIRST.
I the deforestation carried out without authorization from the publication of this law, will result in the following: 1. Reversion or non-recognition of the Social economic function.
2 application of a fine equivalent to one amount of not less than UFVs 976-(nine hundred seventy and six 00/100 units of development to the housing) per hectare in the case of agricultural enterprises and medium-sized properties, and UFVs 190.-(one hundred ninety 00/100 units of building to housing) per hectare in the case of small properties and group properties.
3. initiation of criminal actions that correspond.
II. except the paragraph 2 of the previous paragraph, those connectors made without authorization between January 1, 2012 until the publication of this law, which applies the agrarian and forestry regime at the time of the offence.
I. the use and exploitation of the resources of forest and land in farms of populations indigenous native farmers, afrobolivianos and communities intercultural system of collective ownership or small properties, will be governed in the following manner: 1. through plans of Integral management of forest and land? PGIByT, within the framework of respect for the rights of mother earth and the sustainable use of natural resources.
2. in lands of permanent forest production be authorised the development of agroforestry systems on surfaces no larger than twenty per cent (20%) of the total land area, provided that does not put at risk the structure of the forest or the capacity of greater use of the land, and must be eighty percent (80%) remaining exclusively to comprehensive utilization of forest resources. Technology for the implementation of activities of exploitation and use of forest resources, should conform to the realities and economic, social and environmental conditions of each ecoregion.
3. the implementation of the PGIByT shall be exempt from the payment of patent.
II. autonomous municipal governments may contribute to the control and technical supervision of the execution of the PGIByT, within the framework of its competences.
I. the confiscation of illegally obtained forest products will be provisional while it as precautionary, and definitive way is available in the administrative resolutions as a result of bidding processes.
II. the ABT in order to avoid the loss, degradation and consequent depreciation of the economic value of forest products in all its States of processing, you can dispose of them at any time, before and after the conclusion of the administrative procedure. To this effect, can adopt either and according to the priorities or economic criteria and social defined by regulation, the following forms of disposal: 1. construction of furniture in a direct way or where applicable in agreement with other public entities, for the purpose of strengthening public health, education and other social services.
2 Administrative auction or direct sale, giving priority to small producers of the micro-enterprise, workers, carpenters and craftsmen, with the discount of twenty percent (20%) of the market value of the forest product.
3. transfer of furniture and forest products for free to public entities.
III. If disclaims liability to the defendant, either in the administrative or in an administrative dispute process if any, the ABT must return the value of the forest product seized, to be established by this entity subject to regulation.
IV. This provision applies to all administrative processes that are currently pending.
I technical and legal procedures will be subject to regulations approved by Ministerial resolution issued by the ministries, head of sector, within the period of thirty (30) calendar days from the entry into force of this law.
II. starting from the publication of this law, and within one period not exceeding sixty (60) calendar days, the ABT will regulate the second Final disposition and third.
Refer to the Executive Branch, for constitutional purposes.
Two thousand twelve is given in the plurinational Legislative Assembly Hall, nineteen days after the month of December of the year.
FDO. Lilly Gabriela MONTAÑO Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Heredia Sánchez, Wilson Changaray T., Angel David Cortez Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
City of Santa Cruz, the eleven days of the month of January of the year two thousand thirteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Alberto Arce Catacora, Elba Viviana Caro Hinojosa Minister of planning of the development and interim of productive development and PLURAL economy, José Antonio Zamora Gutierrez, Nemesia Achacollo Tola, Claudia clear Stacy Pena, Amanda Davila Torres.