LAW NO 337
LAW OF 11 JANUARY 2013
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
FOOD PRODUCTION SUPPORT ACT
AND RESTITUTION OF FORESTS
ARTICLE 1. (OBJECT). The purpose of this Law is to establish an exceptional scheme for the treatment of prediums with dismounts which have been carried out without authorisation between 12 July 1996 and 31 December 2011, the beneficiaries of which are to the? Food Production and Forest Restitution program, which is of national interest and public utility.
ARTICLE 2. (PURPOSE). This Law is intended to provide incentives for food production to guarantee the fundamental right to sovereignty and food security and the restitution of areas of food without authorization. affected forests, as provided for in paragraph II of Article 16 of the Constitution of the State and Law No. 300 of October 15, 2012, the Framework Law of Mother Earth and Integral Development to Live Well.
ARTICLE 3. (SCOPE OF APPLICATION).
II. The small properties and collective properties of indigenous peoples and indigenous peoples, will be able to voluntarily benefit from the scope of this Law.
III. Except for the application of this Law, IV. Prediums located within Protected Areas and Forest Reserves.
IV. For the case of small properties and collective properties, the application of this Law shall not affect its proprietary right or legal possession within the framework of the constitutional provisions.
ARTICLE 4. (PROGRAMME FOR THE PRODUCTION OF FOOD AND THE RETURN OF FORESTS).
I. The Food Production and Restitution of Forests Program is created, with the aim of encouraging the production of food and reforestation of affected areas, which will be carried out by the Ministry of Rural Development and Lands? MDRyT, from the Food Production Support Company? EMAPA, and ABT.
II. The MDRyT, EMAPA, and ABT will be responsible for recording, evaluating, approving, and monitoring the Program's components in a coordinated manner.
III. The Food Production and Forest Restitution Program will have a duration of five (5) years from its regulation.
IV. The Program has the following components:
1. Food Production component, which will be oriented to agricultural and livestock production, efficient, sustainable and prioritized, based on differentiated regimes by region, productive activity developed and property class.
2. Component of Restitution of Affected Forest Areas, which will be directed to the restitution and protection of legal ecological easements, and reforestation of affected forest areas.
V. The compliance of the components is periodically verify.
ARTICLE 5. (REFORESTATION OF AFFECTED FOREST AREAS). On Permanent Forest Production Lands, in the case of pregod with areas larger than fifty hectares (50 ha), the beneficiaries of the Program will have to return 10 percent. (10%) of the affected forest cover, in addition to the restitution of legal ecological easements. Reforestation will be controlled by the competent authority.
ARTICLE 6. (ADMINISTRATIVE PENALTY FOR DESMOUNDS WITHOUT AUTHORISATION).
I. It is established in an exceptional manner that the beneficiaries of pregod who register for the Program will pay a unique amount for the administrative penalty for dismounting without authorization. In the case of small properties and collective properties, a benefit regime is established that involve lower fines, according to the following detail:
CASH AREA PROPERTY CLASS
PAYMENT DEADLINES (UFV/Hectask)
Company and Medium Permanent Forest Production Land (TPFP)
Enterprise and Medium Other areas 157 235
Small Medium TPFP and other areas 117 117
TPFP Community and Other Areas 39 39
The payment is a pre-condition for the subscription to the Program, which may be done at the spot or time frame; in the latter case the first installment is the enabling condition.
II. They are exempt from the payment of fines, the dismounts carried out by beneficiaries of collective property up to a surface of twenty hectares (20 ha) per household. In the case of small property, the exemption from the fine of up to twenty hectares (20 ha) disassembled, shall be given whenever the property has a surface equal to or less than fifty hectares (50 ha).
ARTICLE 7. (SUBSCRIPTION TO THE PROGRAM).
I. To subscribe to the Program, interested parties will present a georeferenced plan identifying the area with illegal dismount, for the purpose of determining the area and the forest cover evicted. The plan must be prepared by an ABT-accredited professional based on a field identification; if fraud is verified against the data presented, the benefit of adherence to the Program will be cancelled.
II. procedure and the operational technical criteria of the Program Components, shall be established in express regulations developed and approved by the competent entities.
ARTICLE 8. (DEADLINES AND CONDITIONS FOR THE SUBSCRIPTION TO THE PROGRAM). The subscription to the Program must be subject to the following terms and conditions:
1. For the case of medium-sized properties and agricultural enterprises in the process of sanitation that are in the field stage and do not have a Final Resolution of Sanitation issued, the period of six (6) months from the date of the validity of the Regulation of the Program, for registration. For their assessment in the agricultural process, agricultural and/or livestock production activity must have been identified and the area with dismount in the area, during the survey of information in the field.
2. For the case of medium-sized properties and agricultural enterprises without sanitation, the registration of the Program must be carried out from the time of the Program's Regulations until before the issue of the Report in Conclusions. For the purposes of valuation in the agricultural process, it must be identified during the survey of information in the field, the development of agricultural productive activity and/or livestock in the field.
3. For the case of small properties and collective properties with ongoing sanitation process and to clean up, the time limit of one (1) year is set from the time of the regulation of the Program for registration.
4. For the case of the owners of medium-sized properties and agricultural enterprises, the deadline of one (1) year from the date of the regulation of the Program for registration is established.
5. For the case of holders of small properties and collective properties, the term of two (2) years shall be established from the validity of the Regulations of the Program for registration.
ARTICLE 9. (EFFECTS OF THE PROGRAMME IN AGRICULTURE).
I. In the premises whose beneficiaries are assigned to the Program, the disassembled areas must be authorized by the ABT, according to the conditions laid down in Article 4 of this Law, to be considered as areas effectively. taken advantage of administrative agricultural procedures.
II. For the purposes of this Act and only in relation to the areas with dismount without authorization that are attached to the Food Production Program, the assessment of the Social Economic Function within the procedures Agricultural land, in pregod with livestock activity, will take into account the two hectares (2 ha) ratio with five thousand square meters (5,000 m²) per head of livestock, except for the Chaco Region, which maintains the ratio of five hectares (5 ha) per year.10. (NON-COMPLIANCE WITH THE PROGRAMME). Non-compliance with the Program by the beneficiaries will result in the following:
1. Immediate application of the reversal procedure and/or non-recognition of the unapproved clearance area as an area effectively taken advantage of. In the application of the reversal procedure, no growth projection will be recognized in the assessment of the Social Economic Function.
2. Application of the patent regime, penalties and fines for illegal removal under Law No 1700 of 12 July 1996, Forestry and its Regulation by the ABT.
ARTICLE 11. (DESTINATION OF THE RESOURCES FROM THE APPLICATION OF THE SANCTIONS AND FINANCING OF THE PROGRAM).
I. The resources arising from the application of paragraph I of Article 6 of this Law shall be assigned to the State Treasury? TGE.
II. The Ministry of Economy and Public Finance will guarantee the economic resources necessary for the implementation of the program and the socialization of the program.
III. The MDRyT, will make the request for the resources for the Program, including the requirements of the ABT, INRA and EMAPA.
I. The dismounts performed without authorization from the publication of this Law, will result in the following:
1. Reversal and/or non-recognition of the Social Economic Function.
2. Application of an economic penalty equal to an amount not less than UFVs 976.-(NINE HUNDRED AND SEVENTY-SIX 00/100 HOUSING PROMOTION UNITS) per hectare in the case of medium properties and agricultural enterprises, and UFVs 190.-(CIENTO Ninety 00/100 HOUSING PROMOTION UNITS) per hectare in the case of small properties and collective properties.
3. Start of criminal actions that correspond.
II. Except for the numeral 2 of the previous paragraph, those dismounts carried out without authorization between January 1, 2012 until the publication of this Law, to which they are apply the current agricultural and forestry regime at the time of the infringement.
I. The use and use of forest and land resources in the pregod of indigenous populations originating peasants, Afro-olivians and intercultural communities under collective tenancy systems or small properties, rule as follows:
1. Through Forest and Earth Integral Management Plans? PGIByT, in the framework of respect for the rights of Mother Earth and the sustainable use of natural resources.
2. The development of agroforestry systems on surfaces not greater than twenty percent (20%) of the total of the pre-dial surface may be authorized in the Permanent Forest Production Lands, provided that the structure of the forest is not put at risk. The forest and the capacity for the most use of the land, with 80% (80%) remaining exclusively for the integral use of the forest resources. Technology for the execution of activities for the use and use of forest resources must be adapted to the economic, social and environmental realities and conditions of each ecoregion.
3. The implementation of PGIByTs shall be exempt from the payment of patents.
I. The seizure of illegally obtained forest products will be provisional when carried out on a precautionary basis, and final when administrative decisions are available as a result of sanctioning processes.
II. The ABT in order to prevent the loss, deterioration and consequent depreciation of the economic value of the forest products in all their processing states, may be available at any time, before and after the conclusion of the administrative route. To this end, it can take the following forms of provision without distinction, according to the economic and social priorities or criteria defined by regulation:
1. Construction of furniture directly or in its case in agreement with other public entities, for purposes of strengthening public health, education and other services of a social character.
2. Administrative remate or direct sale, prioritizing small producers of the micro enterprise, workers, carpenters and artisans, with the discount of twenty percent (20%) of the commercial value of the forest product.
3. Transfer of the furniture and forest products free of charge to public entities.
III. If the process is released from liability, either on the administrative route or in an administrative litigation process, if any, the ABT shall return the value of the seized forest product, to be established by this entity under Regulation.
IV. This provision shall apply to all administrative processes currently in place in processing.
I. The technical and legal procedures, will be the subject of regulations approved by Ministerial Resolution issued by the Ministries of Industry, within thirty (30) calendar days from the validity of the
II. As of the publication of this Law, and within a period of no more than sixty (60) calendar days, the ABT shall regulate the Second and Third Final Disposition.
Remit to the Executive Body, for purposes Constitutional.
It is given in the Chamber of the Plurinational Legislative Assembly, to the Nineteen days of the month of December of the year two thousand twelve.
Fdo. Lilly Gabriela Montano Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, David Sanchez Heredia, Wilson Chancaray T., Angel David Cortez Villegas.
Therefore, it is enacted so that it has and complies with the Law of the Plurinational State of Bolivia.
City of Santa Cruz, at 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 DEVELOPMENT PLANNING AND INTERIM DEVELOPMENT AND PLURAL ECONOMY, José Antonio Zamora Gutiérrez, Nemesia Achacollo Tola, Claudia Stacy Peña Claros, Amanda Davila Torres.