Decree No. 6754, January 28 2009

Original Language Title: Decreto nº 6.754, de 28 de Janeiro de 2009

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DECREE NO. 6,754, OF January 28, 2009.

Regulatory to Law no 10,304, of November 5, 2001, which provides about the transfer to the state domain of Roraima of land belonging to the Union, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that gives it the art. 84, inciso IV, of the Constitution, and with a view to the provisions of the art. 4o of Law no 10,304, of November 5, 2001,

DECRETA:

Art. 1o Ficam transferred free of charge to the State of Roraima the federal public lands situated on its territory that are raised and enrolled on behalf of the Union, in fulfillment of the provisions of the art. 1o of Law no 10,304, of November 5, 2001.

§ 1o A transfer of which treats the caput will be made considering:

I-the exclusion of the areas:

a) related in the incisos II to the XI of the art. 20 of the Constitution;

b) intended or in the process of targeting, by the Union, to projects of settlement;

c) of conservation units already instituted by the Union;

d) of the following conservation units in institution process: Low River Extrativist Reserve White Jauaperi, Jauaperi National Forest, Laval Conservation Unit, enlargers of the Viruá National Park and the Maracá Ecological Station and the areas aimed at the redefinition of the limits of the Parima Forest Reserve and the National Forest Pirandwill;

and) affected, in an express or tacit manner, the common or special public use;

f) intended for special use of the Ministry of Defense; and

g) object of titles dispatted by the Union that have not been extinguished by resolute clause defulfillment;

II-the environmental preservation and sustainable use of the land, in observance of the Law no 9,985, of July 18, 2000, and, in what couber, to the Law no 11,284, of March 2, 2006, under penalty of automatic reversal to the Union's public patrimony;

III-the observation of the requirements imposed by the legislation regarding land located in the border strip and its acquisition by foreigners;

IV-your previous georreferencing, as it determines the § 4o of the art. 176 of the Law no 6,015, of December 31, 1973, at the expense of the respective unit of the Federation; and

V-a prioritization of the fundaily regularization processes in tramping at the National Institute of Colonization and Agrarian Reform-INCRA.

§ 2o The institution of the conservation units referred to in point (d? d? of the inciso I of § 1o will be done by the Union after consultation with the State.

§ 3o The effectivation of the record in charge of the transfer of which it treats the caput will be done by glebas, soon after these are identified and georreferenced, as well as highlighted the excluded areas.

Art. 2o The lands transferred to the domain of the State of Roraima should be preferentially used in activities of environmental conservation and sustainable development, of settlement, colonization and of land regularization, and may be adopted the intended use concession scheme in the Decree-Law no 271, of February 28 from 1967.

Art. 3o The area's outstanding domain state titles received by virtue of this Decree should be previously entered into the National Rural Cadastro System-SNCR and contain the enrolment number of the Rural Real Estate Cadastro Certificate-CCIR, pursuant to the Act no 10,267, of August 28 of 2001, its complimentary regulations and norms.

Art. 4o Powerful being affirmed terms of technical and convennial cooperation, or other congeniary instruments, between the Union and the State of Roraima, by means of their respective land organs, with the purpose of effecting the necessary representations to the identification and georreferencing of the transferred lands, in order to enable the registration in caries referred to in § 3o of the art. 1o.

Single paragraph. The instruments to be concluded will still be able to provide for the joint titration, by the Union and State bodies of Roraima, of occupations that can be legitimized and whose funnical regularization process has been initiated by the Union up to the date of the publication of this Decree or later by the State of Roraima.

Art. 5o For the purposes of registration in the Estate Registration Office, the INCRA, by means of its Regional Superintendency in the State of Roraima, observed the provisions of this Decree, will expedite donation term that will contain the perimeter georreferenced from the immovable, considered still the conditions of § 1o of the art. 1o.

Art. 6o This Decree comes into effect on the date of its publication.

Brasilia, January 28- 2009; 188o of Independence and 121o of the Republic.

LUIZ INÁCIO LULA DA SILVA

Guilherme Cassel