PROVISIONAL MEASURE # 1.956-53, OF August 22, 2000.

Changes the arts. 1º, 4º, 14, 16 and 44, and additional devices to Law No. 4,771 of September 15, 1965 establishing the Forest Code, as well as amending art. 10 of Law No. 9,393 of December 19, 1996, which has on the Tax on the Rural Territorial Property-ITR, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 62, and in view of the willing on art. 225, § 4º, of the Constitution, adopts the following Provisional Measure, with force of law.

Art. 1º The arts. 1º, 4º, 14, 16 and 44, of Law No. 4,771 of September 15, 1965, pass vigorously with the following essays:

?Art. 1º .....................................................................................................................................

§ 1º The actions or omissions contrary to the provisions of this Code in the use and exploitation of forests and other forms of vegetation are considered to be harmful use of the property, applying, for the case, the summary procedure predicted at art. 275, inciso II, of the Code of Civil Procedure.

§ 2º For the purposes of this Code, you understand why:

I-Small rural property or family rural possession: that explored upon the personal work of the owner or poster and his family, admitted to the eventual third party aid and whose gross income is derived, at the very least, in eighty per cent, of agroforestry activity or extractivism, whose area does not surpass:

a) hundred and fifty hectares if located in the States of the Acre, Para, Amazonas, Roraima, Rondônia, Amapá and Mato Grosso and in the regions situated north of the parallel 13ºS, of the states of Tocantins and Goiás, and to the west of the meridian of 44ºW, of the State of the Maranhão or in the mato-grossense or south-mato-thick Pantanal ;

b) fifty hectares, if located in the polygon of the droughts or the east of the Meridian of 44ºW, of the State of the Maranhão ; and

c) thirty hectares, if located in any other region of the country.

II-Permanent preservation area: protected area in the terms of the arts. 2º and 3º of this Act, covered or not by native vegetation, with the environmental function of preserving water resources, landscape, geological stability, biodiversity, the flow genius of fauna and flora, protecting the soil and ensuring the well-being of the human populations ;

III-Legal reservation: area located within a property or rural possession, exceeded that of permanent preservation, necessary for the sustainable use of natural resources, the conservation and rehabilitation of ecological processes, à conservation of biodiversity and the shelter and protection of native fauna and flora ;

IV-Public utility:

a) the national security activities and health protection ;

b) the essential infrastructure works intended for public transport, sanitation and energy services ; and

c) other works, plans, activities or projects provided for in resolution of the National Environment Council-CONAMA;

V-social interior:

a) the activities indispensable to the protection of the integrity of native vegetation, such as: prevention, combat and control of fire, control of erosion, eradication of invasions and protection of planting with native species, as per the resolution of CONAMA ;

b) the sustainable agroforestry crayon activities practiced in the small property or family rural possession, which do not discharacterize plant cover and do not prejudice the environmental function of the area ; and

c) other works, plans, activities or projects defined in resolution of CONAMA ;

VI-Amazon Legal: the States of the Acre, Para, Amazônas, Roraima, Rondônia, Amapá and Mato Grosso and the regions situated north of the parallel 13ºS, of the states of Tocantins and Goiás, and to the west of the meridian of 44ºW, of the State of the Maranhão.? (NR)

?Art. 4º The suppression of vegetation in permanent preservation area can only be permitted in the event of public utility or social interest, duly characterized and motivated in own administrative procedure, when alternative inexistence technical and locational to the proposed venture.

§ 1º The suppression that it treats the caput of this article will depend on authorization from the competent state environmental organ, with prior annuity, when couber, federal or municipal organ of environment, salvaged the provisions of the § 2º of this article.

§ 2º The suppression of vegetation in permanent preservation area situated in urban area, will depend on authorization from the competent environmental organ, provided the municipality posits board of environment with deliberative character and plan director, upon prior annuence of the competent state environmental organ grounded in technical opinion.

§ 3º The competent environmental body will be able to authorize the eventual and low environmental impact suppression, as defined in regulation, of vegetation in permanent preservation area.

§ 4º The competent environmental body shall indicate, in advance of the issuance of the authorization for the suppression of vegetation in permanent preservation area, the mitigating and compensatory measures that are to be adopted by the entrepreneur.

§ 5º The suppression of native vegetation protection of springs, or of dunes and mangrove, of which they treat, respectively, the points?c? e?f? of the art. 2º of this Code, can only be authorized in the event of public utility.

§ 6º In the implantation of artificial reservoir is mandatory the dispossession or acquisition, by the entrepreneur, of the areas of permanent preservation created in their surroundment, whose parameters and regime of use will be defined by resolution of the CONAMA.

§ 7º It is permitted to access people and animals to the areas of permanent preservation, to obtain water, provided that it does not require suppression and does not compromise the long-term regeneration and maintenance of the native vegetation.? (NR)

?Art. 14 ....................................................................................................................................

b) prohibit or limit the cutting of rare, endemic, endangered or endangered plant species, as well as the species necessary for the livelihoods of extractivist populations, delimiting the areas understood in the act, making relying on prior leave, in these areas, the cutting of other species ;

.................................................................................................................................................? (NR)

?Art. 16. Forests and other forms of native vegetation, ressaved those situated in permanent preservation area, as well as those not subject to the limited use regime or object of specific legislation, are susceptible to suppression, since that are kept, the legal reservation title, at a minimum:

I-eighty per cent, in rural property situated in forest area located in the Legal Amazon ;

II-thirty-five per cent, in rural property situated in cerrado area located in the Legal Amazon, being at least twenty percent on property and fifteen percent in the form of compensation in another area as long as it is located in the same microbasin, and is averaged in accordance with § 7º of this article ;

III-twenty per cent, in the rural property situated in forest area or other forms of native vegetation located in the other regions of the Country ; and

IV-twenty per cent, in rural property in area of general fields located in any region of the Country.

§ 1º The legal reserve percentage in the property situated in forest area and cerrado will be defined by separately considering the indices contained in the incisos I and II of this article.

§ 2º The vegetation of the legal reserve cannot be suppressed, and may only be used under sustainable forest maneuvering, in accordance with technical and scientific principles and criteria set out in the regulation, restrained as hypotheses provided for in § 3º of this article, subject to the other specific

§ 3º For compliance with the maintenance or compensation of the legal reservation area in small property or family rural possession, the planting of ornamental or industrial fruit trees, composed by species, may be computed exotic, cultivated in an interim system or in consortium with native species.

§ 4º The location of the legal reservation must be approved by the competent state environmental body or, upon convention, by the municipal environmental body or other duly empowered institution, and must be considered, in the process of approval, the social function of the property, and the following criteria and instruments, when there is:

I-the hydrographic basin plan ;

II-the municipal director plan ;

III-ecological-economeo zoning ;

IV-other categories of environmental zoning ; and

V-the proximity to another Legal Reservation, Permanent Preservation Area, conservation unit or other legally protected area.

§ 5º The Executive Power, be it is indicated by the Economic-ZEE Zoning and Agricultural Zoning, ears the CONAMA, the Ministry of Environment and the Ministry of Agriculture and Supply, may:

I-reduce, for the purposes of recomposition, the legal reserve, in the Legal Amazon, for up to fifty per cent of the property, excluded, in any case, the Permanent Preservation Areas, ecophytes, sites and ecosystems especially protected, the places of expressive biodiversity and ecological corridors ; and

II-extend the legal reserve areas, by up to fifty per cent of the indices provided for in this Code, throughout the national territory.

§ 6º It will be admitted, by the competent environmental organ, the comic of the areas relating to the existing native vegetation in permanent preservation area in the calculation of the legal reserve percentage, as long as it does not entail conversion of new areas for the alternative use of the soil, and when the sum of the native vegetation in permanent preservation area and legal reserve exceeds the:

I-eighty per cent of rural property located in the Legal Amazon ;

II-fifty per cent of rural property located in the other regions of the Country ; and

III-twenty five per cent of the small property defined by the points?b? e?c? of the inciso I of § 2º of the art. 1º.

§ 7º The regime for the use of the permanent preservation area does not change in the hypothesis provided for in the preceding paragraph.

§ 8º The legal reserve area shall be averaged on the margin of real estate registration registration, in the registration of competent real estate, being vetoed in the change of its destination, in the cases of transmission, to any title, of dismemberment or rectification of the area, with the exceptions provided for in this Code.

§ 9º The averbation of the legal reservation of small property or family rural possession is free of charge, and the Public Power shall provide technical and legal support, where necessary.

§ 10. In possession, the legal reservation is ensured by Term of Conduct Adjustment, signed by the possessor with the competent state or federal environmental body, with executive title force and containing, at the very least, the location of the legal reserve, its basic ecological characteristics and prohibition of suppression of their vegetation, applying, in what couber, the same provisions laid down in this Code for rural property.

§ 11. Legal reserve may be instituted in a condominial regime between more than one property, respected the legal percentage in relation to each real estate, upon approval by the competent state environmental organ and the due averagings concerning all the real estate involved.? (NR)

?Art. 44. The owner or possessor of rural real estate with native forest area, natural, primitive or regenerated or other form of native vegetation in extension lower than that set in the incisos I, II, III and IV of the art. 16, re-salvaged the provisions of its § § 5º and 6º, shall adopt the following alternatives, either isolated or jointly:

I-recommend the legal reservation of their property by planting, every three years, of at least 1/10 of the total area required for their supplementation, with native species, according to criteria established by the environmental body competent state ;

II-conduct the natural regeneration of the legal reserve ; and

III-compensate for the legal reservation by another equivalent area in ecological importance and extension, provided that it belongs to the same ecosystem and is located in the same microbasin, as per criteria set out in regulation.

§ 1º In the recomposition that it treats inciso I, the competent state environmental organ should technically support the small property or family rural possession.

§ 2º The recomposition that it treats inciso I can be carried out by the temporary planting of exotic species as pioneers, aiming at the restoration of the original ecosystem, according to general technical criteria established by the CONAMA.

§ 3º The regeneration of which treats inciso II will be authorized, by the competent state environmental organ, when its feasibility is proven by technical laude, the isolation of the area may be required.

§ 4º In the impossibility of compensation of the legal reserve within the same hydrographic basin, it must the competent state environmental organ to apply the highest possible criterion between the property devoid of reservation legal and the area chosen for compensation, provided that in the same river basin and in the same State, serviced, when there is, the respective Hydrographic Basin Plan, and respected the remaining conditioners set in the inciso III.

§ 5º The compensation for the inciso III of this article, should be submitted to the approval by the competent state environmental body, and can be implemented by leasing area under forest servitude or reservation legal, or acquisition of quotas of which it treats art. 44-B.

§ 6º The rural owner may be unburnished, for the period of 30 years, of the obligations laid down in this article, upon donation, to the competent environmental organ, of area located within National Park or State Park, Forest National, Exexation Reserve, Biological Reserve or Ecological Station pending funeral regularization, respected the criteria laid down in the inciso III of this article.? (NR)

Art. 2º Stay add the following devices to Law No. 4,771 of September 15, 1965:

?Art. 3º-A. The exploitation of forest resources on indigenous lands can only be carried out by the indigenous communities in sustainable forest maneuver, to meet their livelihoods, respected the arts. 2º and 3º of this Code.? (NR)

?Art. 37-A. No conversion of forests or other form of native vegetation for alternative soil use in the rural property which has dismal area, when it is verified that the said area is abandoned, underutilized or used in a manner, is not permitted. inadequate, according to the vocation and capacity of soil support.

§ 1º Understand by abandoned area, underutilized or used inappropriately, the one not effectively used, pursuant to § 3º, of the art. 6º, of Law No. 8,629 of February 25, 1993, or which does not meet the indices provided for in art. 6º of the said Law, ressaved the areas of fallow in the small property or family rural possession or traditional population.

§ 2º The standards and mechanisms for proving the need for conversion will be laid down in regulation, considering, among other relevant data, the performance of the property over the past three years, ascertained in the statements annual tax on the Rural Territorial Property-ITR.

§ 3º The regulation that it deals with the preceding paragraph will establish simplified procedures:

I-for small rural property ; and

II-for the other properties that come to the region's productivity parameters and which have no restrictions before environmental bodies.

§ 4º In the passable areas of alternative soil use, the suppression of vegetation that will open endangered species, will depend on the adoption of compensatory and mitigating measures that ensure the conservation of the species.

§ 5º If the necessary measures for the conservation of the species make the appropriate economic exploitation of the property impossible, the provisions of the paragraph shall be observed.b? of the art. 14.

§ 6º It is prohibited, in area with primary or secondary forest cover in advanced stage of regeneration, the deployment of human settlement or colonization projects to end agrarian reform, resurred the projects of agro-extraction settlement, respected the specific legislations.? (NR)

?Art. 44-A. The rural owner will be able to institute forest servitude ; upon which voluntarily resigning, in permanent or temporary character, the rights of suppression or exploitation of the native vegetation, located outside the legal reserve and area with vegetation of permanent preservation.

§ 1º The limitation to the use of the vegetation of the area under forest server regime shall be, at the very least, the same established for the Legal Reserve.

§ 2º The forest servitude shall be averaged on the margin of real estate registration registration, in the registration of competent real estate, after annuation of the competent state environmental organ, being vetoed, over the period of its duration, to modification of the destination of the area, in the cases of transmission to any title, of dismemberment or rectification of the limits of the property.? (NR)

?Art. 44-B. It is instituted the Florestal-CRF Reservation Cota, title representative of native vegetation under forest server, Particular Reservation of the Natural Heritage or legal reserve constituted voluntarily over vegetation exceeding the percentage set in the art. 16 of this Code.

Single Paragraph. The regulation of this Code will have on the characteristics, nature and term of validity of the title that it treats this article, as well as the mechanisms that ensure their acquirer the existence and conservation of the object's subject vegetation.? (NR)

?Art. 44-C. The owner or possessor who, from the duration of the Provisional Measure No. 1.736-31 of December 14, 1998, deleted, in whole or in part or other forms of native vegetation, situated within his / her property or possession, without the proper authorizations required by Law, it cannot make use of the benefits provided for in the inciso III of the art. 44.? (NR)

Art. 3º The art. 10 of Law No. 9,393 of December 19, 1996, passes vigorously with the following essay:

?Art. 10 ....................................................................................................................................

§ 1º .........................................................................................................................................

I-............................................................................................................................................

II-...........................................................................................................................................

a) ............................................................................................................................................

b) ............................................................................................................................................

c) .............................................................................................................................................

d) the areas under forest server regime.

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§ 7º The declaration for an exemption from the ITR relating to the areas of which they treat the points?a? e?d? of the inciso II, § 1º, of this article, is not subject to the prior finding by the declarant, staying the same liable for the payment of the corresponding tax, with interest and penalty provided for in this Act, should it be proven that his declaration does not is true, without prejudice to other applicable sanctions.? (NR)

Art. 4º Stay convalidated the acts practiced on the basis of the Provisional Measure No. 1.956-52 of July 26, 2000.

Art. 5º This Provisional Measure shall come into force on the date of its publication.

Brasilia, August 23, 2000 ; 179º of Independence and 112º of the Republic.

Fernando Henrique Cardoso

Marcus Vinicius Pratini of Moraes

Jose Sarney Filho