PROVISIONAL MEASURE NO 2.166?66, OF July 26, 2001

Altera the arts. 1º, 4º, 14, 16 and 44, and add devices to Law No. 4,771 of September 15, 1965 establishing the Forest Code, as well as amends the art. 10 of the Law No. 9,393 of December 19, 1996, which provides about the Rural Territorial Property Tax? ITR, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 62, and with a view to the provisions of the 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, go on to invigorate with the following essays:

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

§ 1º The actions or omissions contrary to the provisions of this Code in the use and exploitation of the forests and too many forms of vegetation are considered harmful use of the property, applying? if for the case, the summary procedure provided for in the art. 275, inciso lI, of the Code of Civil Procedure.

§ 2º For the purposes of this Code, please understand by:

I? small rural property or family rural possession: that exploited upon the personal work of the owner or poster and his family, admitted to the eventual aid of third party and whose gross income is from the minimum in eighty per cent, of agroforestry activity or extractivism, whose area does not surpass:

a) one hundred and fifty hectares if located in the States of the Acre, Pará, Amazonas, Roraima, Rondônia, Amapá and Mato Grosso and in the regions located north of the parallel 13º S, of the states of Tocantins and Goiás and to the west of the 44º W meridian of the State of the Maranhão or in the Pantanal mato? grossense or south? mato?grossense;

b) fifty hectares, if located in the polygon of the droughts or the east of the Meridian of 44º W, from 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 The uphold of this Act, covered or not by native vegetation, with the environmental function of preserving water resources, landscape, geological stability, biodiversity, the genic flux of fauna and flora, protect the soil and ensure the good? being of the human populations;

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

IV? public utility:

a) the activities of national security and sanitary protection;

b) the essential works of infrastructure aimed at public transport, sanitation and energy services; and

c) too much works, plans, activities, or projects envisaged in resolution of the National Environment Council? CONAMA;

V? social interest:

a) the activities that are 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 the CONAMA;

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

c) too much works, plans, activities, or projects defined in resolution of the CONAMA;

VI? Amazonia Legal: the States of Acre, Pará, Amazonas, Roraima, Rondônia, Amapá and Mato Grosso and the regions located north of the parallel 13º S, of the states of Tocantins and Goiás, and to the west of the 44º W meridian of the State of the Maranhão. " (NR)

" Art. 4º The suppression of vegetation in permanent preservation area can only be authorized in the event of a public utility or social interest, properly characterized and motivated in own administrative procedure, when it inexists technical and locational alternative to the proposed venture.

§ 1º The suppression of which treats the caput of this article will depend on the authorization of the competent state environmental organ, with prior annuence, when couber, of the federal or municipal environment organ, reaped the provisions of Paragraph 2º of this article.

§ 2º The suppression of vegetation in permanent preservation area situated in urban area, will depend on the environmental organ's authorization competent, provided that the municipality has board of environment with deliberative character and master plan, upon prior annuence of the competent state environmental organ grounded in technical advice.

§ 3º The organ competent environmental may be able to authorize the eventual and low environmental impact, thus defined in regulation, of vegetation in permanent preservation area.

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

§ 5º The suppression of native vegetation protector of springs, or of dunes and mangroves, of which they deal with, respectively, the points? c? e? f? of the art. 2º of this Code, it can only be authorised in the event of public utility.

§ 6º In the implantation of artificial reservoir is mandatory the dispropriation or acquisition, by the entrepreneur, of the areas of permanent preservation created in its surroundings, whose parameters and usage regime will be defined by resolution of the CONAMA.

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

" Art.14. ........................................................................................................................

....................................................................................................................................

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

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

" Art. 16. The forests and other forms of native vegetation, resurfacing those located in permanent preservation area, as well as those not subject to the limited use regime or object of specific legislation, are susceptible to suppression, provided that are kept, in the title of legal reserve, at a minimum:

I? eighty percent, in rural property situated in forest area located in the Legal Amazonia;

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

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

IV? twenty percent, in rural property in area of general fields located in any region of the Country.

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

§ 2º The vegetation of the legal reserve may not be suppressed, and may only be used under sustainable forest manure regime, according to principles and technical and scientific criteria set out in the regulation, restrained the hypotheses provided for in § 3º of this article, without prejudice to the other specific legislations.

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

§ 4º The location of the legal reserve shall be approved by the competent state environmental body or, upon convenium, by the municipal environmental organ or other duly authorized institution, and shall be considered, in the process of approval, the social function of the property, and the following criteria and instruments, when there are:

I? the hydrographic basin plan;

lI? the municipal director plan;

III? the ecological zoning? economeo;

IV? other categories of environmental zoning;

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

§ 5º The Executive Power, if it is indicated by the Economic Ecological Zoning? ZEE and the Agricultural Zoning, ears the CONAMA, the Ministry of the Environment and the Ministry of Agriculture and Supply, will be able to:

I? reduce, for the purpose of recomposition, the legal reserve, in the Legal Amazonia, for up to fifty percent of the property, excluded, in any case, the Permanent Preservation Areas, the ecotoners, the specially protected sites and ecosystems, the sites of expressive biodiversity and the ecological corridors; and

lI? extend the areas of legal reserve, by up to fifty percent of the indices set out in this Code, throughout the national territory.

§ 6º Will be admitted, by the competent environmental body, the vomiting of the areas concerning vegetation native existing in permanent preservation area in the calculation of the percentage of legal reserve, provided that it does not imply in conversion of new areas to the alternative use of soil, and when the sum of native vegetation in permanent preservation area and legal reserve exceeds a:

I? eighty percent of the rural property located in the Legal Amazonia;

II? fifty per cent of rural property located in the remaining regions of the Country; and

III? twenty-five percent of the small property defined by the points (b "and" c " of the inciso I do § 2º of the art. 1º.

§ 7º The regime of use of the permanent preservation area does not change in the hypothesis provided for in § 6º.

§ 8º The legal reserve area shall be averaged to the margin of the tuition enrollment of the immovable, in the competent real estate record, being vetted the change of its intended, 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 averaging of the legal reserve of the small property or family rural possession is free of charge, and the Public Power shall provide technical and legal support, where necessary.

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

§ 11. Legal reserve shall be established in a condominion regime between more than one property, respected the legal percentage in relation to each property, upon approval by the competent state environmental body and due aversions referring to all the real estate involved. " (NR)

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

I? recompose the legal reservation of your property by planting, every three years, from a minimum of 1/10 of the total area required to your supplementation, with native species, according to criteria established by the state environmental body competent;

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

III? make up for the legal reserve by another area equivalent 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 body 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 a pioneer, 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 viability is proven by technical laureate, and the isolation of the area may be required.

§ 4º In the impossibility of clearing the legal reserve within the same micro basin, it must the competent state environmental body apply the criterion of greatest possible proximity between the property devoid of legal reserve and the area chosen for compensation, provided that in the same catchment area and in the same State, served, when there are, the respective Basin Plan, and respected the remaining conditioners established in the inciso III.

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

§ 6º The rural owner may be unburdened, by the period of thirty years, of the obligations laid down in this article by donation, to the competent environmental organ, of area located within the National Park or State, National Forest, Extractivist Reserve, Biological Reserve or Ecological Station pending land regularization, respected the criteria set out in the inciso III of this article. " (NR)

Art. 2º Fiction 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 accomplished by the indigenous communities in sustainable forest manhandling, to cater for their livelihoods, respected the arts. 2º and 3º of this Code. " (NR)

" Art. 37 ?A. Conversion of forests or other form of native vegetation to alternative use of soil in rural property is not permitted, when it is verified that the said area is abandoned, under-utilised or used from inadequate form, second to the vocation and capacity of soil support.

§ 1º Understanding 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 set out in art. 6º of the said Act, resurred the areas of fallow in the small property or family rural or traditional population possession.

§ 2º The standards and mechanisms for the proving the need for conversion will be established in regulation, considering, among other relevant data, the performance of the property in the last three years, ascertained in the annual statements of the Rural Territorial Property Tax? ITR.

§ 3º The regulation of which it treats § 2º will establish simplified procedures:

I? for the small rural property; and

II? for the remaining properties that come reaching the productivity parameters of the region and which have no restrictions in the face of environmental bodies.

§ 4º In the areas liable for alternative use of soil, suppression of vegetation which will open threatened species of extinction, will depend on the adoption of compensatory and mitigating measures that ensure the conservation of the species.

§ 5º If the measures necessary for the conservation of the species impossible to proper economic exploitation of the property, observe? se?h the provisions of the "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 land reform, re-salvaged the agro? extrativist settlement projects, respected the specific legislations. " (NR)

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

§ 1º The limitation to the use of the vegetation of the area under forest servitude shall be, at the very least, the same set for the legal Reserve.

§ 2º The servitude forest shall be averaged to the margin of the enrolment of the immovable tuition, in the competent real estate register, after annuence of the competent state environmental body, being vetted, during the term of its duration, the change of the area's intended destination, in the cases of transmission to any title, of dismemberment or rectification of the boundaries of the property. " (NR)

" Art. 44 ?B. Is it instituted the Forest Reserve Cote? CRF, representative title of native vegetation under forest servitude regime, of Private Reserve of Natural Heritage or legal reserve instituted voluntarily on vegetation exceeding the percentage set in art. 16 of this Code.

Single paragraph. The regulation of this Code will have on the characteristics, nature and shelf life of the title of which it treats this article, as well as the mechanisms that ensure to its acquirer the existence and conservation of the object's object vegetation. " (NR)

" Art. 44 ?C. The owner or possessor who, as of the duration of the Provisional Measure No. 1.736?31 of December 14, 1998, has deleted, wholly or partially floated restes or too many forms of native vegetation, situated within his or her property or possession, without the due autisation torizations required by Law, it cannot make use of the anticipated inciso III benefits of the art. 44. '' (NR)

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

Art. 10 .........................................................................................................................

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

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

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

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

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

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

d) the areas under regime of forest servitude.

....................................................................................................................................

§ 7º The declaration for end of exemption from the ITR concerning the areas of which they treat the points ("a" and "d" of the inciso II, § 1º, of this article, is not subject to the prior substantiation by the declarant, by staying the same person responsible for the payment of the corresponding tax, with interest and fine provided for in this Act, if it becomes proven that the your statement is not true, without prejudice to other applicable sanctions. " (NR)

Art. 4º Ficam convalidated the acts practiced on the basis of the Provisional Measure 2.166?65, of June 28, 2001.

Art. 5º This Provisional Measure comes into effect on the date of its publication.

Brasilia, July 26, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Silvano gianni