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Decree Of 20 May 2005

Original Language Title: Decreto de 20 de maio de 2005

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DECREE OF May 20, 2005

Disposes about the creation of the Reservation Biological Nascent of the Serra do Cachimbo in the State of Pará, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and in view of the provisions of art. 10 of Law No. 9,985 of July 18, 2000 and in Decree No 4,340 of August 22, 2002,

DECRETA:

Art. 1º It is created the Nascent Biological Reserve of the Serra do Cachimbo, covering part of the Municipalities of Altamira and New Progress, in the State of Pará, with the aim of preserving existing natural ecosystems, enabling the realization of scientific research and the development of controlled environmental education activities.

Art. 2º The Nascent Biological Reserve of the Serra do Cachimbo has the limits described from the military topographical letters at scale 1:100.000 MI in the 1410, 1411, 1487 and 1488, edited by the Directorate of the Army Geographical Service, with the following descriptive memorial: starts the description of this perimeter in section 0, of approxic flat coordinates (c.p.a.) E= 721041 and N= 9039148, located in the Curuá River ; hence, it follows in straight lines passing through the points: point 1, of c.p.a. E= 722838 and N= 9039567, point 2, of c.p.a. E= 728068 and N= 9039475, point 3, of c.p.a. E= 729435 and N= 9034718, point 4, of c.p.a. E= 731135 and N= 9034078, point 5, of c.p.a. E= 733961 and N= 9034287, point 6, of c.p.a. E= 734842 and N= 9039465, point 7, of c.p.a. E= 740716 and N= 9039432, point 8, of c.p.a. E= 740748 and N= 9042338, point 9, of c.p.a. E= 741612 and N= 9042188, point 10, of c.p.a. E= 742217 and N= 9042211, point 11, of c.p.a. E= 743425 and N= 9041819, point 12, of c.p.a. E= 745330 and N= 9041506, point 13, of c.p.a. E= 745432 and N= 9041470, point 14, of c.p.a. E= 745608 and N= 9041631, point 15, of c.p.a. E= 745605 and N= 9041777, point 16, of c.p.a. E= 745771 and N= 9041981, point 17, of c.p.a. E= 745671 and N= 9042144, point 18, of c.p.a. E= 745726 and N= 9042198, point 19, of c.p.a. E= 745813 and N= 9042211, point 20, of c.p.a. E= 746029 and N= 9042367, point 21, of c.p.a. E= 746019 and N= 9042536, point 22, of c.p.a. E= 746073 and N= 9042663, until you reach point 23, of c.p.a. E= 746199 and N= 9042715, located in an affluent without denomination of the left bank of the River Curuaés ; hence, it follows by straight lines, passing through the points: point 24, of c.p.a. E= 746358 and N= 9042683, point 25, of c.p.a. E= 746494 and N= 9042608, point 26, of c.p.a. E= 746492 and N= 9042269, point 27, of c.p.a. E= 746786 and N= 9042129, point 28, of c.p.a. E= 747261 and N= 9042073 point 29, of c.p.a. E= 747539 and N= 9042119, point 30, of c.p.a. E= 748031 and N= 9042086, point 31, of c.p.a. E= 748563 and N= 9041886, point 32, of c.p.a. E= 748782 and N= 9041831, point 33, of c.p.a. E= 749703 and N= 9041785 point 34, of c.p.a. E= 750159 and N= 9041563, point 35, of c.p.a. E= 750593 and N= 9041610, point 36, of c.p.a. E= 750876 and N= 9041480, until you reach point 37, of c.p.a. E= 772064 and N= 9041842, located on the left bank of the Curuaés River, and on the boundary of the perimeter of the Menkragnoti Indigenous Land, as described in the descriptive memorial constant of the Decree of August 19, 1993 ; hence, follows upstream by the Curuaés River, accompanying the limit of the Indigenous Terra Menkragnoti to point 38, from c.p.a. E= 788649 and N= 9015271, corresponding to the Marco Sat-2011 of the Menkragnoti Indigenous Land and corresponding to the Division of the Indigenous Lands Menkragnoti and Panshall ; hence, it follows by the boundaries of the Indigenous Earth Panshall, as described in the descriptive memorial constant of the Decree of April 30, 2001, up to point 39, of c.p.a. E= 778845 and N= 8981108, situated in an affluent without denomination of the left bank of the Ipiranga River ; hence, it leaves the boundary of the Indigenous Land Panshall and follows by straight lines, passing through the points: point 40, of c.p.a. E= 777739 and N= 8981722, point 41, of c.p.a. E= 777596 and N= 8981895, point 42, of c.p.a. E= 777610 and N= 8982026, point 43, of c.p.a. E= 776464 and N= 8981340, point 44, of c.p.a. E= 774821 and N= 8981651, point 45, of c.p.a. E= 774592 and N= 8980628, point 46, of c.p.a. E= 772859 and N= 8979795, point 47, of c.p.a. E= 769642 and N= 8980028, point 48, of c.p.a. E= 767795 and N= 8979553, until it reaches the Ipiranga River in point 49, of c.p.a. E= 768092 and N= 8978458 ; hence, follows upstream on the left bank of the Ipiranga River to point 50, of c.p.a. E= 766602 and N= 8979736 ; hence, it follows by straight lines, passing through the points: point 51, of c.p.a. E= 765475 and N= 8979421, point 52, of c.p.a. E= 766226 and N= 8977076, point 53, of c.p.a. E= 765818 and N= 8976739, point 54, of c.p.a. E= 765413 and N= 8976991, point 55, of c.p.a. E= 763951 and N= 8974344, point 56, of c.p.a. E= 764625 and N= 8973931, point 57, of c.p.a. E= 764666 and N= 8973272, until you reach point 58, of c.p.a. E= 761445 and N= 8972534, located in an affluent without denomination of the right bank of the Ipiranga River ; hence, it follows upstream on the left of the said tributary, passing through point 59, of c.p.a. E= 761219 and N= 8972550, up to point 60, of c.p.a. E= 760963 and N= 8972510 ; hence, it follows in straight line up to section 61, of c.p.a. E= 761955 and N= 8968300 ; hence it follows in straight line up to section 62, from c.p.a. E= 754921 and N= 8967374, located on the right bank of the River Iriri ; hence, it follows downstream by the right bank of the River Iriri to point 63, from c.p.a. E= 755269 and N= 8966712 ; hence, it follows by straight lines, passing through the points: point 64, of c.p.a. E= 755326 and N= 8962979, point 65, of c.p.a. E= 749807 and N= 8963900, point 66, of c.p.a. E= 741214 and N= 8963864, point 67, of c.p.a. E= 739268 and N= 8966374, point 68, of c.p.a. E= 738754 and N= 8966563, point 69, of c.p.a. E= 738636 and N= 8969369, point 70, of c.p.a. E= 739493 and N= 8974116, point 71, of c.p.a. E= 739731 and N= 8974536, point 72, of c.p.a. E= 739745 and N= 8974760, until you reach point 73, of c.p.a. E= 739914 and N= 8975290, located in an affluent without denomination of the left bank of the São Bento River ; hence, it follows downstream by the right margin of the said tributary until its confluence with the São Bento River in section 74, of c.p.a. E= 739234 and N= 8976375 ; hence, it follows downstream by the right bank of the São Bento River to the point 75, of c.p.a. E= 738579 and N= 8976068 ; hence, it follows in straight line up to section 76, of c.p.a. E= 736506 and N= 8981193, located in an affluent without denomination of the right bank of the São Bento River ; hence, follows the amount by the left margin of the said tributary until its spring in point 77, of c.p.a. E= 733309 and N= 8986510 ; hence, it follows in straight line up to section 78, of c.p.a. E= 732984 and N= 8989163, located on the left bank of the Cristalino River ; hence, it follows the amount by the left bank of the Cristalino River to the point 79, of c.p.a. E= 737021 and N= 8989711 ; hence, it follows by straight lines, passing through the points: point 80, of c.p.a. E= 736921 and N= 8990195, point 81, of c.p.a. E= 737643 and N= 8990191, point 82, of c.p.a. E= 737613 and N= 8990444, point 83, of c.p.a. E= 738339 and N= 8990976, point 84, of c.p.a. E= 738455 and N= 8992050, point 85, of c.p.a. E= 738016 and N= 8992068, point 86, of c.p.a. E= 738004 and N= 8992355, point 87, of c.p.a. E= 738412 and N= 8992792, point 88, of c.p.a. E= 738040 and N= 8992838, point 89, of c.p.a. E= 739790 and N= 8994695, point 90, of c.p.a. E= 739492 and N= 8994792, point 91, of c.p.a. E= 739540 and N= 8994997, point 92, of c.p.a. E= 739368 and N= 8995077, point 93, of c.p.a. E= 739180 and N= 8995078, point 94, of c.p.a. E= 738991 and N= 8994953, point 95, of c.p.a. E= 738865 and N= 8995017, point 96, of c.p.a. E= 738676 and N= 8994907, point 97, of c.p.a. E= 737639 and N= 8994708, point 98, of c.p.a. E= 736791 and N= 8994603, point 99, of c.p.a. E= 736495 and N= 8994602, point 100, of c.p.a. E= 733201 and N= 8994990, point 101, of c.p.a. E= 732598 and N= 8994797, point 102, of c.p.a. E= 732341 and N= 8994871, point 103, of c.p.a. E= 733202 and N= 8995952, point 104, of c.p.a. E= 733123 and N= 8996431, up to point 105, of c.p.a. E= 732923 and N= 8997650, located in the spring of an affluent without denomination of the right bank of the Curuá River ; hence, it follows downstream by the right margin of the said tributary until its confluence with another affluent without denomination of the right bank of the River Curuá in point 106, of c.p.a. E= 732056 and N= 9001868 ; hence, it follows downstream by the right margin of the last affluent, passing through point 107, of c.p.a. E= 730684 and N= 9003658, up to point 108, of c.p.a. E= 730567 and N= 9009170 ; hence, it follows in straight line up to section 109, of c.p.a. E= 733390 and N= 9010323, located on the right margin of an affluent without denomination of the right bank of the Curuá River ; hence, it follows downstream by the right margin of the said tributary until its confluence in the Curuá River ; hence it follows downstream by the margin right of the Curuá River, passing through point 110, from c.p.a. E= 727549 and N= 9024830, up to point 0, start of the description of this descriptive memorial and permaking an approximate area of 342,477.60 hectares.

Art. 3º The Office of the Brazilian Institute for Environment and Renewable Natural Resources-IBAMA to administer the Nascent Biological Reserve of the Serra do Cachimbo, adopting the measures necessary for its effective implantation.

Art. 4º Stay declared of public utility, for the purposes of dispossession, in the manner provided for in Decree-Law No. 3,365 of June 21, 1941, the particular real estate constituted of existing land and benefits within the limits described in art. 2º of this Decree, in the terms of the arts. 5th, paragraph "k", and 6º of Decree-Law No. 3,365 of June 21, 1941.

§ 1º The IBAMA is allowed to promote and execute the misappropriations of which it treats the caput of this article, and may, for the purpose of immission in possession, aller the urgency to which the art is referred. 15 of Decree-Law No 3,365, 1941.

§ 2º The Advocacy-General of the Union, through its legal unit of implementation together to IBAMA, is authorized to promote the relevant administrative and judicial measures, targeting the declaration of nullity of eventual property securities and respective real estate records deemed irregular, incident in the Reservation Biological Nascent of the Serra do Cachimbo.

Art. 5º The lands contained within the limits of the Nascent Biological Reserve of the Serra do Cachimbo, of which it treats art. 2º, belonging to the Union, shall be ceded to the IBAMA by the Office of the Union Heritage of the Ministry of Planning, Budget and Management in the form of the law.

Art. 6º This Decree shall enter into force on the date of its publication.

Brasilia, May 20, 2005 ; 184º of the Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Marina Silva