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Law No. 9985 Of 18 July 2000

Original Language Title: Lei nº 9.985, de 18 de Julho de 2000

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LEI N ° 9,985, OF July 18, 2000.

Regulamenta o art. 225, § 1 °, incisors I, II, III, and VII of the Federal Constitution, institutes the National System of Nature Conservation Units and gives other arrangements.

The VICE PRESIDENT OF THE REPUBLIC in the exercise of the post of PRESIDENT OF THE REPUBLIC

I do know that the National Congress decrees and I sanction the following Law:

CHAPTER I

DAS PRELIMINARY PROVISIONS

Art. 1 ° This Law institutes the National System of Units of Conservation of Nature-SNUC, establishes criteria and standards for the creation, deployment and management of the conservation units.

Art. 2 ° For the purposes set out in this Law, we understand by:

I-unit of conservation: territorial space and its environmental resources, including jurisdictional waters, with relevant natural characteristics, legally instituted by the Public power with defined conservation objectives and limits, under special administration regime to which proper protection guarantees apply;

II-nature conservation: the manhandling of the human use of nature, understanding the preservation of maintenance, sustainable use, restoration and recovery of the environment natural, so that it can produce the greatest benefit, on sustainable bases, to the present generations, while maintaining its potential to satisfy the needs and aspirations of future generations, and ensuring the survival of living beings in general;

III-biological diversity: the variety of living organisms from all backgrounds, understanding, among others, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part; understanding still diversity within species; between species and ecosystems;

IV-environmental resource: the inland, surface and underground waters, estuaries, the territorial sea, the soil, the subsoil, the elements of the biosphere, the fauna and the flora;

V-preservation: set of methods, procedures and policies that target the long-term protection of species, habitats and ecosystems in addition to the maintenance of ecological processes, preventing the simplification of natural systems;

VI-integral protection: maintenance of the free ecosystems of alterations caused by human interference, admitting only the indirect use of its natural attributes;

VII-conservation in situ: conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural means and, in the case of domesticated or cultivated species, in the means where they have developed their properties characteristics;

VIII-manejo: whole and any procedure that is aimed at ensuring the conservation of biological diversity and ecosystems;

IX-indirect use: the one that does not involves consumption, collection, damage or destruction of natural resources;

X-direct use: that which involves collection and use, commercial or not, of the natural resources;

XI-sustainable use: exploitation of the environment in a manner to ensure the perenity of renewable environmental resources and ecological processes, while maintaining biodiversity and the remaining ecological attributes, in a socially just and economically viable manner;

XII-extractivism: exploration system based on the collection and extraction, in a sustainable way, of renewable natural resources;

XIII-recovery: restitution of an ecosystem or a a silvestre population degraded to a non-degraded condition, which may be different from its original condition;

XIV-restoration: restitution of an ecosystem or of a degraded silvestre population as close as possible to its original condition;

XV-(VETADO)

XVI-zoning: definition of sectors or zones in a conservation unit with manhandling objectives and specific standards, with the purpose of providing the means and the conditions so that all the objectives of the unit can be achieved in a harmonic and effective way;

XVII-manhandling plan: technical document upon which, on the grounds of the general objectives of a conservation unit, establishes its zoning and the standards that must presiding over the use of the area and the manhandling of natural resources, including the deployment of the necessary fiscal structures to the management of the unit;

XVIII-damping zone: the surroundings of a conservation unit, where human activities are subject to specific norms and constraints, with the purpose of minimizing the negative impacts on the unit; and

nineteenth-ecological corridors: portions of natural or seminatural ecosystems, linking conservation units, which enable between them the gene flow and biota movement, facilitating the dispersal of species and the recolonization of degraded areas, as well as the maintenance of populations that demand for their survival areas with extension greater than that of the individual units.

CHAPTER II

DO NATIONAL SYSTEM OF NATURE CONSERVATION UNITS-SNUC

Art. 3 ° The System National of Nature Conservation Units-SNUC consists of the set of the federal, state and municipal conservation units in accordance with the provisions of this Act.

Art. 4 ° The SNUC has the following goals:

I-contribute to the maintenance of biological diversity and genetic resources in the national territory and the waters Jurisdictional;

II-protecting endangered species in the regional scope and national;

III-contribute to the preservation and restoration of the diversity of ecosystems natural;

IV-promoting sustainable development from natural resources;

V-promoting the use of the principles and practices of nature conservation in the process of development;

VI-protect natural and little changed landscapes of remarkable beauty scenic;

VII-protecting the relevant characteristics of geological, geomorphological nature, speleological, archaeological, palaeontological and cultural;

VIII-protect and recover water and edaphic resources;

IX-recover or restore degraded ecosystems;

X-provide means and incentives for scientific research activities, studies, and monitoring environmental;

XI-valuing economically and socially the biological diversity;

XII-favoring conditions and promoting environmental education and interpretation, the recreation in contract with nature and ecological tourism;

XIII-protect the natural resources needed by subsistence of traditional populations, while respecting and valuing their knowledge and their culture and promoting them socially and economically.

Art. 5 ° The SNUC will be governed by guidelines that:

I-ensure that in the ensemble of the conservation units are represented, significant and ecologically feasible samples of the different populations, habitats and ecosystems of the national territory and jurisdictional waters, safeguarding the existing biological heritage;

II-ensure the mechanisms and procedures necessary for the involvement of society in the establishment and revision of the national policy of conservation units;

III-ensure the effective participation of local populations in the creation, deployment, and management of the conservation units;

IV-seek the support and cooperation of organizations nongovernmental, from private organizations and physical people to the development of studies, scientific research, environmental education practices, ecological tourism leisure activities, monitoring, maintenance, and other management activities of the conservation units;

V-encourage local populations and private organizations to establish and administrate conservation units within the national system;

VI- ensure, in the possible cases, the economic sustainability of the conservation units;

VII-allow the use of the conservation units for the conservation in situ of populations of the wild genetic variants of domesticated animals and plants and wildlife genetic resources;

VIII-ensure that the process of creation and management of the conservation units are made in an integrated manner with the administration policies of the surrounding lands and waters, considering the local social and economic conditions and needs;

IX-consider the conditions and needs of local populations in the development and adaptation of methods and techniques of sustainable use of natural resources;

X-guarantee to traditional populations whose subsistence depend on the use of existing natural resources within the conservation units alternative livelihoods or the adjustment indemnification by the lost resources;

XI-guarantee an adequate allocation of the necessary financial resources so that, once created, the units of conservation can be managed effectively and meet their goals;

XII-search to confer on the conservation units, in the possible and respected cases the conveniences of the administration, administrative and financial autonomy; and

XIII-aim to protect large areas by means of an integrated set of conservation units of different categories, close or contiguous and their respective zones of cushioning and ecological corridors, integrating the different nature preservation activities, sustainable use of natural resources and restoration of ecosystems.

Art. 6 ° The SNUC will be managed by the following organs, with the respective assignments:

I-Consultative and deliberative body: the National Council of the Environment-Conama, with the assignments to accompany the implementation of the System;

II-Central organ: the Ministry of the Environment, with the purpose of coordinating the System; and

III-Organ executors: the Brazilian Institute of the Middle Environment and Renewable Natural Resources-Ibama, the state body, and municipal bodies with the function of deploying the SNUC, subsidize the breeding proposals and administer the federal, state and municipal conservation units in the respective spheres of acting.

Single paragraph. They can integrate the SNUC, exceptionally and at the discretion of the Conama, state and municipal conservation units which, designed to meet regional or local peculiarities, possess manhandling objectives that cannot be satisfactorily serviced by no category provided for in this Act and whose characteristics allow, in relation to these, a clear distinction.

CHAPTER III

DAS CATEGORIES OF CONSERVATION UNITS

Art. 7 ° The conservation units members of the SNUC divide into two groups, with specific characteristics:

I-Units of Integral Protection;

II-Sustainable Use Units.

§ 1 ° The bàsico goal of the Integral Protection Units is to preserve nature, being admitted only the indirect use of its natural resources, with the exception of the cases provided for in this Act.

§ 2 ° The objective bàsico of the Sustainable Use Units is to compatibilize nature conservation with the sustainable use of parcel of its natural resources.

Art. 8 ° The group of the Integral Protection Units is composed of the following categories of conservation units:

I-Ecological Station;

II-Biological Reserve;

III-National Park;

IV-Natural Monument;

V-Refuge of Life Silvestre.

Art. 9 ° The Ecological Station aims at the preservation of nature and the achievement of scientific research.

§ 1 ° The Ecological Station is of possession and public domain, with the particular areas being included in its limits will be misappropriated, in accordance with the law.

§ 2 ° The visitation is prohibited public, except when an educational goal, according to what dispens the Manejo Plan of the specific unit or regulation.

§ 3 ° Scientific research depends on prior authorization of the body responsible for the administration of the unit and is subject to the conditions and constraints by this established, well as to those provided for in regulation.

§ 4 ° In the Ecological Station can only be allowed ecosystem changes in the case of:

I-measures that target the restoration of ecosystems modified;

II-manejo of species with an end to preserving biological diversity;

III-collection of components of the ecosystems with scientific purposes;

IV-scientific research whose impact on the environment is greater than that caused by the simple observation or by the controlled collection of components of the ecosystems, in an area corresponding to at most three percent of the total length of the unit and up to the limit of one thousand and five hundred hectares.

Art. 10. The Biological Reserve is aimed at the integral preservation of the biota and too many natural attributes existing in its limits, without direct human interference or environmental modifications, overcoming the recovery measures of its ecosystems altered and the manhandling actions required to recover and preserve natural balance, biological diversity and natural ecological processes.

§ 1 ° The Biological Reserve is of possession and public domain, with the particular areas being included in its limits will be misappropriated, according to what has the law.

§ 2 ° It is prohibited to public visitation, except the one with educational purpose, according to the specific regulation.

§ 3 ° Scientific research depends on prior authorization of the organ responsible for the administration of the unit and is subject to the conditions and restrictions by this established, as well as those provided for in regulation.

Art. 11. The National Park is aimed at the preservation of natural ecosystems of great ecological relevance and scenic beauty, enabling the realization of scientific research and the development of education and interpretation activities environmental, in the recreation in contact with nature and eco-tourism.

§ 1 ° The Park National is of possession and public domain, with the particular areas being included in its limits will be misappropriated, according to what has the law.

§ 2 ° Public visitation is subject to the norms and restrictions set out in the unit Manejo Plan, to the standards established by the body responsible for its administration, and those provided for in regulation.

§ 3 ° Scientific research depends on the prior authorization of the body responsible for the administration of the unit and is subject to the conditions and restrictions by this established, as well as to those provided for in regulation.

§ 4 ° The units of that category when created by the State or Municipality, will be termed respectively State Park and Municipal Natural Park.

Art. 12. The Natural Monument is aimed at preserving rare natural sites, singular or of great scenic beauty.

§ 1 ° The Natural Monument can be made up of particular areas, as long as it is possible to compatibilize the objectives of the unit with the use of land and resources natural from the site by the owners.

§ 2 ° Havendo incompatibility between the objectives of the area and the private activities or by no acquiescence of the owner to the conditions proposed by the body responsible for the administration of the unit for the coexistence of the Natural Monument with the use of the property, the area shall be disowned, from agreement with which it has the law.

§ 3 ° Public visitation is subject to the conditions and restrictions set out in the unit Manejo Plan, the standards set by the body responsible for its administration, and those provided for in regulation.

Art. 13. The Refuge of Life Silvestre aims to protect natural environments where they ensure conditions for the existence or reproduction of species or communities of the local flora and of the resident or migratory fauna.

§ 1 ° The Silvestre Life Refuge may be made up of particular areas as long as it is possible to compatibilize the aims of the unit with the use of the land and the natural resources of the site by the owners.

§ 2 ° Havendo incompatibility between the objectives of the area and the private activities or not by the owner's acquiescence to the conditions proposed by the body responsible for the unit administration for the coexistence of the Silvestre Life Refuge of the property, the area shall be disowned, in accordance with the law.

§ 3 ° Public visitation is subject to the norms and restrictions set out in the unit Manejo Plan, to the standards established by the body responsible for its administration, and to those provided for in regulation.

§ 4 ° Scientific research depends on the prior authorization of the body responsible for the administration of the unit and is subject to the conditions and restrictions by this established, as well as to those provided for in regulation.

Art. 14. They constitute the group of the Sustainable Use Units the following categories of conservation unit:

I-Area of Environmental Protection;

II-Area of Relevant Ecological Interest;

III-National Forest;

IV-Reserva Extrativist;

V-Reserva de Fauna;

VI-Sustainable Development Reserve; and

VII-Private Reserve of the Natural Heritage.

Art. 15. The Environmental Protection Area is an area in general extensive, with a certain degree of human occupation, endowed with abiotic, biotic, aesthetic, or cultural attributes especially important for the quality of life and well-being of human populations, and has as basic goals to protect biological diversity, to discipline the occupation process and to ensure the sustainability of the use of natural resources.

§ 1 ° The Environmental Protection Area consists of public or private lands.

§ 2 ° Respected constitutional limits, standards and restrictions may be established for the use of a private property located in an area of Protection Environmental.

§ 3 ° The conditions for the realization of scientific research and public visitation in the areas on public domain will be established by the unit's governing body.

§ 4 ° In areas under private ownership, it is up to the owner to establish the conditions for research and visitation by the public, observed, the requirement and legal restrictions.

§ 5 ° The Environmental Production Area will have a Council presided over by the body responsible for its administration and made up of representatives of the public bodies, of organizations of civil society and the resident population, as it is available in the regulation of this Law.

Art. 16. The Area of Relevant Ecological interest is an area in general to a small extent, with little or no human occupation, with extraordinary natural features or that houses rare exemplars of the regional biota, and aims to maintain the natural ecosystems of regional or local importance and regulate the permissible use of these areas, so as to compatibilize it with the nature conservation goals.

§ 1 ° The Area of Relevant Ecological Interest consists of public or private land.

§ 2 ° Respected the constitutional limits, standards and restrictions may be established for the use of a private property located in an Area of Relevant Ecological Interest.

Art. 17. The National Forest is an area with forest cover of predominantly native species and has as a basic objective the sustainable multiple use of forest resources and scientific research, with an emphasis on methods for the sustainable exploitation of native forests.

§ 1 ° The National Forest is of possession and public domain, with the particular areas included in their limits will be misappropriated, according to what provides the law.

§ 2 ° In the National Forests is admitted to the permanence of traditional populations that inhabit it when of their creation, in accordance with the provisions of regulation and the Plan of Unit manhandling.

§ 3 ° Public visitation is allowed conditioned to established standards for the manhandling of the unit by the body responsible for its administration.

§ 4 ° The research is permitted and encouraged by subjecting to the preview the authorization of the body responsible for the administration of the unit to the conditions and restrictions by this established, as well as those provided for in regulation.

§ 5 ° The National Forest will have an Advisory Board, chaired by the body responsible for its administration and made up of representatives of public bodies, civil society organisations and, when it is the case with traditional resident populations.

§ 6 ° The unit of this category, when created by the State or Municipality, will be named, respectively, State Forest and Municipal Forest.

Art. 18 ° The Extrativist Reserve is an area used by traditional extractivist populations, whose subsistence is based on extractivism and, complementarity, subsistence agriculture and small-scale animal husbandry, and has as basic goals to protect the means of living and the culture of these populations, and ensure sustainable use of the natural resources of the unit.

§ 1 ° The Extrativist Reserve is of public domain, with use granted the traditional extractivist populations as per the provisions of the art. 23 of this law and in specific regulation being that the particular areas included in its limits should be misappropriated, according to what has the law.

§ 2 ° The Extrativist Reserve will be managed by a Deliberative Council presided over by the body responsible for its administration and constituted by representatives of the public bodies, of civil society organizations and traditional populations residing in the area, as per regulation and in the act of creating the unit.

§ 3 ° Public visitation is permitted, provided that it is compatible with local interests and in accordance with the provisions of the Manejo Plan of the area.

§ 4 ° Scientific research is permitted and encouraged by subjecting itself to the prior authorization of the body responsible for the administration of the unit and the conditions and constraints by this established, and to the standards laid down in regulation.

§ 5 ° The Manejo Plan of the unit will be approved by its Deliberative Council.

§ 6 ° They are forbidden the exploitation of mineral resources and amateuristic or professional hunting.

§ 7 ° The commercial exploitation of logger resources will only be admitted on sustainable bases and in special situations and complementary to the remaining activities developed in the Reserve Extrativist, as disposed of in regulation and in the unit Manejo Plan.

Art. 19. The Fauna Reserve is a natural area with animal populations of native, terrestrial or aquatic species, residents or migratory suitable for technical-scientific studies on the sustainable economic manhandling of faunistic resources.

§ 1 ° The Reserve of fauna is possession of public domain, with particular areas being included in its limits will be disappropriated, in accordance with what the law provides.

§ 2 ° The public visitation may be permitted provided that it is compatible with the unit's manhandling by the body responsible for its administration.

§ 3 ° It is forbidden the exercise of amateuristic or professional hunting.

§ 4 ° The commercialization of the products and by-products resulting from the research will comply with the provisions of laws on fauna and regulations.

Art. 20. The Sustainable Development Reserve is a natural area that houses traditional populations whose existence is based on sustainable systems for the exploitation of natural resources, developed over generations and adapted to the conditions local ecological and which play a key role in protecting the nature and maintaining biological diversity.

§ 1 ° The Sustainable Development Reserve aims to preserve nature and at the same time to ensure the conditions and means necessary for breeding and the improved manners and quality of life and exploitation of the natural resources of traditional populations, as well as valuing, conserving and perfecting the knowledge and manhandling techniques of the environment, developed by these populations.

§ 2 ° The Sustainable Development Reserve is public domains, with the particular areas being included in their limits should be, where necessary, misappropriated, according to what has the law.

§ 3 ° The use of areas occupied by the traditional populations will be regulated according to the provisions of the art. 23 of this law in specific regulation.

§ 4 ° The Sustainable Development Reserve will be managed by a Deliberative Council chaired by the body responsible for its administration and made up of representatives of public bodies, civil society organisations and traditional populations residing in the area, as if expend in regulation and in the act of creating the unit.

§ 5 ° The activities developed in the Sustainable Development Reserve will comply with the following conditions:

I-is permitted and encouraged public visitation, provided that it is compatible with local interests and in accordance with the provisions of the area Manejo Plan;

II-is permitted and encouraged scientific research aimed at nature conservation, to the best relation of the resident populations with their medium and to environmental education, subjecting themselves to the prior authorization of the body responsible for the administration of the unit, to the conditions and restrictions by this established and to the standards laid down in regulation;

III-should always be regarded as the dynamic balance between population size and conservation; and

IV-is admitted to the exploitation of components of natural ecosystems in sustainable manhandling regime and the replacement of the plant cover by cultivable species, provided that they are subject to zoning, legal limitations and the Manejo Plan of the area;

§ 6 ° The Manejo Plan of the Sustainable Development Reserve will define the zones of integral protection, of sustainable use and damping and ecological corridors, and will approved by the Deliberative Council of the unit.

Art. 21. The Particular Reserve of the Natural Heritage is a private area, engraved with perpetuity, with the aim of conserving biological diversity.

§ 1 ° The gravame of which it treats this article will build on a term of commitment signed before the environmental body, which will verify the existence of public interest, and will be averaged to the margin of enrollment in the public Register of Real Estate.

§ 2 ° Can only be allowed, in the Booking Particular of Natural Heritage, as it is available in regulation:

I-the research scientific;

II-the visitation with touristic, recreational and educational goals;

III-(VETADO)

§ 3 ° The integral bodies of the SNUC, where possible and timely, shall provide technical and scientific guidance to the owner of Natural Heritage Private Reserve for the elaboration of a Manejo or the Protection and Management Plan of the unit.

CHAPTER IV

OF THE CREATION, DEPLOYMENT AND MANAGEMENT OF THE CONSERVATION UNITS

Art. 22. The conservation units are created by act of the Public Power.

§ 1 ° (VETADO)

§ 2 ° The creation of a conservation unit should be preceded by technical and consultation studies public allowing to identify the location, size and the most appropriate limits for the unit, as it is available in regulation.

§ 3 ° In the consultation process of which it treats § 2 ° the Public Power is obliged to provide adequate and intelligible information to the local population and other interested parties.

§ 4 ° In the creation of Ecological Station or Biological Reserve is not mandatory the consultation of which treats § 2º of this article.

§ 5 ° The conservation units of the Sustainable Use group may be processed wholly or partially into Integral Protection group units, by normative instrument of the same hierarchical level of what created the unit, provided that the consultation procedures set out in Paragraph 2 of this article have been obeyed.

§ 6° The broadening of the limits of a conservation unit, without modification of its limits originals, except for the proposed addition, can be made by normative instrument of the same hierarchical level as it has created the unit, provided that it obeyed the consultation procedures laid down in § 2 ° of this article.

§ 7 °A disaffection or reduction of the limits of a conservation unit can only be done by specific law.

Art. 23 ° The possession and use of the areas occupied by the traditional populations in the Reserves Extractivists and Sustainable Development Reserves will be regulated by contract, as it is available in the regulation of this Law.

§ 1 ° The populations of which it treats this article obligate themselves to participate in the preservation, recovery, defence and maintenance of the conservation unit.

§ 2 ° The use of natural resources by the populations of which it treats this article will comply with the following standards:

I-ban on the use of locally endangered species or of practices that damage their habitats;

II-prohibition of practices or activities that prevent the natural regeneration of the ecosystems;

III-too many standards set out in the legislation, in the drive Manejo Plan of conservation and in the contract of granting real law of use.

Art. 24. The subsoil and airspace, whenever they influence the stability of the ecosystem, integrate the boundaries of the conservation units.

Art. 25. Conservation units, except Environmental Protection Area and Natural Heritage Reserve of Natural Heritage must possess buffer zone and, when convenient, ecological corridors.

§ 1 ° The body responsible for the administration of the unit shall establish specific standards by regulating the occupation and the use of the features of the damping zone and the ecological corridors of a conservation unit.

§ 2 ° The limits of the damping area and ecological corridors and the respective standards of which it treats § 1 ° could be defined in the act of creation of the unit or later.

Art. 26. When there is a set of conservation units of different or non-, close, juxtaposed or overlapping categories, and other public or private protected areas, constituting a mosaic, the management of the ensemble should be done in a way integrated and participatory, considering its distinctive conservation objectives, in such a way as to compatibly the presence of biodiversity, the valorisation of socio-diversity and sustainable development in the regional context.

Paragraph single. The regulation of this Law will have on the integrated management form of the set of the units.

Art. 27. The conservation units must have a Manejo Plan.

§ 1 ° The Manejo Plan shall cover the area of the conservation unit, its buffer zone and the ecological corridors, including measures with a view to promoting its integration to the economic and social life of the neighboring communities.

§ 2 ° In elaboration, the updating and implementation of the Manejo Plan of the Extractive Reserves, of the Reserves of Sustainable Development, of the Environmental Protection Areas and, when couber, of the National Forests and Relevant Areas of Ecological Interest, will be ensured the broad participation of the resident population.

§ 3 ° The Manejo Plan of a conservation unit is to be drawn up within five years of the date of its creation.

Art. 28. They are prohibited, in the conservation units, any changes, activities or modalities of use at odds with their objectives, their Manejo Plan and their regulations.

Paragraph single. Until the Manejo Plan is drawn up, all activities and works developed in the integral protection conservation units shall be limited to those intended to ensure the integrity of the resources that the objective unit protects, by assuring traditional populations perhaps residing in the area the conditions and means necessary for the satisfaction of their material, social and cultural needs.

Art. 29. Each conservation unit of the Integral Protection group will have an Advisory Board, chaired by the body responsible for its administration and made up of representatives of the public bodies, civil society organizations, by landowners located in Silvestre Life Refluges or Natural Monument, when it is on the case, and, in the hypothesis provided for in § 2 ° of the art. 42, of the traditional resident populations, as per the regulation and in the act of creating the unit.

Art. 30. The conservation units can be managed by civil society organisations of public interest with objectives related to those of the unit, upon instrument to be firmed up with the body responsible for its management.

Art. 31. The introduction into the conservation units of non-autochthonous species is prohibited.

§ 1 ° They are excepted from the provisions of this article the Environmental Protection Areas, the National Forests, the Extractive Reserves and the Sustainable Development Reserves, as well as the animals and plants needed by the administration and the activities of the rest categories of conservation units, according to what your unit Manejo Plan is available.

§ 2 ° In the particular areas located in Silvestre Life Refubles and Natural Monuments may be created domestic and cultivated plants deemed compatible with the purposes of the unit, according to which it disposes of its Manejo Plan.

Art. 32. The executive bodies will articulate themselves with the scientific community for the purpose of encouraging the development of research on the fauna, flora and ecology of conservation units and on forms of sustainable use of natural resources, by valuing the knowledge of traditional populations.

§ 1 ° The scientific researches in the conservation units cannot put at risk the survival of the integral species of protected ecosystems.

§ 2 ° The achievement of scientific research in the conservation units, except Environmental Protection Area and Particular reserve of the Natural Heritage, depends on prior approval and is subject to the supervision of the body responsible for its administration.

§ 3 ° The organs competent may transfer to national research institutions, upon agreement, the assignment of approving the conduct of scientific research and accreditation researchers to work in the conservation units.

Art. 33. The commercial exploitation of products, byproducts or services obtained or developed from the natural, biological, scenic or cultural resources or from the exploitation of the conservation unit image, except Environmental Protection Area and Reservot Particular of the Natural Heritage, it will depend on prior authorization and subject the explorer to payment, as disposed of in regulation.

Art. 34. The organs responsible for the administration of the conservation units may receive resources or donations from any nature, national or international, with or without charge, from private or public organizations or physical persons that they want to as they collaborate with their conservation.

Single paragraph. The administration of the resources obtained is up to the unit's governing body, and these will be used exclusively in its deployment, management and maintenance.

Art. 35. The resources obtained by the Integral Protection Group's conservation units upon visitation fee collection and other rents arising from fundraising, services and activities of the unit itself will be applied in accordance with the following criteria:

I-up to fifty percent, and no less than twenty five percent, in the implementation, maintenance and management of the unit itself;

II-up to fifty per cent, and not less than twenty-five percent, in the funday-to-day regularization of the Group's conservation units;

III-up to fifty percent, and not less than fifteen percent, in the implementation, maintenance and management of other Integral Protection Group's conservation units.

Art. 36. In the cases of environmental licensing of ventures of significant environmental impact, thus considered by the competent environmental body, with foundation in environmental impact study and respective report-EIA/RIMA, the entrepreneur is obliged supporting the deployment and maintenance of the Integral Protection Group's conservation unit, in accordance with the provisions of this article and the regulation of this Law.

§ 1 ° The amount of resources to be targeted by the entrepreneur for this purpose cannot be less than half a percent of the total costs expected for the implantation of the venture, by being the percent fixed by the licentiate environmental body, according to the degree of environmental impact caused by the venture.

§ 2 ° To the licenced environmental body compete to define the conservation units to be benefited, considering the proposals present at EIA/RIMA and heard the entrepreneur, it may even be contemplated to set up new conservation units.

§ 3 ° When the endeavor to affect specific conservation unit or its buffer zone, the licensing referred to in caput of this article can only be granted upon authorization from the body responsible for its administration, and the affected unit, even if not belonging to the Integral Protection Group, should be one of the beneficiary of the compensation defined in this article.

CHAPTER V

DOS INCENTIVES, EXEMPTIONS AND PENALTIES

Art. 37. (VETADO)

Art. 38. The action or omission of the physical or legal persons who impose non-compliance with the precepts of this Act and its regulations or result in damage to flora, fauna and the remaining natural attributes of the conservation units, as well as their facilities and the damping areas and ecological corridors, subject the offenders to the penalties provided for in law.

Art. 39. Give yourself to art. 40 of Law No. 9,605, of February 12, 1998, the following essay:

?Art. 40. (VETADO)?

? § 1 ° Understand by Integral Protection Conservation Units the Stations Ecological, the Biological Reserves, the National Parks, the Natural Monuments and the Silvestre Life Refubles.? (NR)

? § 2 ° The occurrence of damage affecting endangered species in the interior of the Full Protection Conservation units will be considered aggravating circumstance for the fixation of the penalty.? (NR)

? § 3 ° .......................................................................................................................................?

Art. 40. It is added to Law No. 9,605, 1998, the following art. 40-A:

?Art. 40-A (VETADO)?

? § 1 ° Understanding by Conservation Units of Sustainable Use the Areas of Environmental Protection, the Areas of Relevant Ecological Interest, the National Forests, Extractive Reserves, Fauna Reserves, Sustainable Development Reserves, and the Private Reserves of Natural Heritage.? (AC)

? § 2 ° The occurrence of damage affecting endangered species in the interior of the Sustainable Use Conservation Units will be considered aggravating circumstantial for the fixation of the penalty.? (AC)

? § 3 ° If the crime is culposable, the penalty will be reduced by half.? (AC)

CHAPTER VI

OF THE BIOSPHERE RESERVES

Art. 41. The Biosphere Reserve is a model, adopted internationally, of integrated, participatory and sustainable gissues of natural resources, with the basic objectives of preserving biological diversity, the development of research activities, environmental monitoring, environmental education, sustainable development and the improvement of the quality of life of populations.

§ 1 ° The Biosphere Reserve is constituted by:

I-one or several areas-core, intended for the integral protection of nature;

II-one or several damping zones, where they are only admitted activities that do not result in damage to the areas-nucleus; and

III-one or several transition zones, without strict limits, where the process of occupancy and the manhandling of resources natural are planned and conducted in a participatory manner and on sustainable bases.

§ 2 °A Booking of the Biosphere consists of public or private domain areas.

§ 3 ° The Reserve of the Biosphere can be integrated by conservation units already created by the Public Power, respected the legal norms that discipline the manhandling of each specific category.

§ 4 ° The Biosphere Reserve is managed by a Deliberative Council, formed by representatives of public institutions, of civil society organizations and the resident population, as per the regulation and in the act of constitution of the unit.

§ 5 ° Does the Biosphere Reserve be recognized by the Intergovernmental Programme?The Man and the Biosphere-MAB?, established by Unesco, organization of which Brazil is a member.

CHAPTER VII

OF THE GENERAL AND TRANSITIONAL PROVISIONS

Art. 42. Traditional populations residing in conservation units in which their stay is not permitted will be indemnified or compensated for by existing and properly stressed benefactions by the Public Power, on site and agreed-upon conditions between the parties.

§ 1 ° The Public Power, by means of the competent body, shall prioritize the resettlement of the traditional populations to be relocated.

§ 2 ° Until it is possible effecting the resettlement of which it treats this article, specific standards and actions aimed at compatibilizing the presence of traditional resident populations with the objectives of the unit, without prejudice to the ways of life, of the sources of subsistence and the housing sites of these populations, ensuring their participation in the elaboration of the said norms and actions.

§ 3 ° In the hypothesis provided for in § 2 °, the standards governing the term of stay and its conditions will be set out in regulation.

Art. 43. The Public Power will do the nationwide lifting of the devoluted lands, with the aim of defining areas aimed at nature conservation, within five years after the publication of this Law.

Art. 44. Oceanic and coastal islands are intended as a matter of priority for the protection of nature and its intended for various purposes must be preceded by authorization of the competent environmental organ.

Paragraph single. They are exempted from the authorisation cited in the caput the organs that use themselves from the cited islands by virtue of legal devices or when arising from legal commitments assumed.

Art. 45. Excluded from the claims regarding the funday-to-day regularization of the conservation units, whether derived or not from misappropriation:

I-(VETADO)

II- (VETADO)

III-the arbophone species declared immune from cutting by the Public Power;

IV-expectations of gains and disposative profit;

V-the result of computation by effecting compound interest operation;

VI-the areas that have no unequivocal domain proof and prior to the creation of the unit.

Art. 46. The installation of water supply networks, sewage, energy and urban infrastructure in general, in conservation units where these equipment are admitted depends on prior approval of the body responsible for its administration, without prejudice to the need for elaboration and environmental impact studies and other legal requirements.

Paragraph single. This same condition applies to the buffer zone of the units of the Integral Protection Group, as well as to the private property areas inserted into the boundaries of these units and not yet indenized.

Art. 47. The organ or company, public or private, responsible for water supply or that makes use of water resources, beneficiary of the protection provided by a conservation unit, shall contribute financially to the protection and implementation of the unit, in accordance with the provisions in specific regulation.

Art. 48. The organ or company, public or private, responsible for the generation and distribution of electrical energy, beneficiary of the protection offered by a conservation unit, shall contribute financially to the protection and implementation of the unit, of agreement with the provisions of specific regulations.

Art. 49. The area of a Integral Protection Group's conservation unit is considered Rural zone, for the legal effects.

Paragraph single. The buffer zone of the conservation units of which it treats this article, once formally defined, cannot be turned into an urban area.

Art. 50. The Ministry of Environment will organize and maintain a National Conservation Units Cadaster with the collaboration of the Ibama and the state and municipal bodies. Competent.

§ 1 ° The Cadastro referred to in this article will contain the main data of each conservation unit, including, among other relevant characteristics, information on endangered species, land situation, water resources, climate, soils, and sociocultural and anthropological aspects.

§ 2 ° The Ministry of the Environment will disclose and put at the disposal of the interested public the data constants of the Cadastro.

Art. 51. The Federal Executive Power will submit to the appreciation of the National Congress, every two years, a global assessment report of the situation of the country's federal conservation units.

Art. 52. The official maps and letters should indicate the areas that make up the SNUC.

Art. 53. Ibama will elaborate and periodically disseminate a revised and updated relationship of the species of the endangered flora and fauna in the Brazilian territory.

Paragraph single. Ibama will encourage state and municipal body components to draw up equivalent relationships covering their respective areas of jurisdiction.

Art. 54. Ibama, exceptionally, may allow the capture of exemplars of endangered species intended for breeding programs in captivity or formation of scientific collections, in accordance with the provisions of this Act and in regulation specific.

Art. 55. Conservation units and protected areas on the basis of the preceding legislations and that do not belong to the categories provided for in this Act will be reassessed, in whole or in part, within up to two years, with the aim of defining their targeting with basis in the category and function for which they were created, as per the provisions of the regulation of this Law.

Art. 56. (VETADO)

Art. 57. The federal bodies responsible for the implementation of environmental and Indigenous policies should institute working groups to, within one hundred and eighty days of the duration of this law, propose the guidelines to be adopted with respect to the regularization of the eventual superpositions between indigenous areas and conservation units.

Paragraph single. In the act of creating the working groups will be set the participants, as well as the strategy of action and the comprehensiveness of the works, guaranteed the participation of the communities involved.

Art. 58. The Executive Power shall regulate this Act, in whatever is necessary for its application, within the period of one hundred and eighty days from the date of its publication.

Art. 59. This Act comes into force on the date of its publication.

Art. 60. The arts are revoked. 5 ° and 6 ° of Law No. 4,771 of September 15, 1965; the art. 5 ° of Law No. 5,197 of January 3, 1967; and the art. 18 of Law No. 6,938, of August 31, 1981.

Brasilia, July 18, 2000; 179 ° of Independence and 112 ° of the Republic.

MARCO ANTONIO DE OLIVEIRA MACIEL

José Sarney Filho