DECREE NO. 4,340, OF August 22, 2002

Regulamenta articles of Law No. 9,985, of July 18, 2000, that it has on the National System of Nature Conservation Units-SNUC, and gives other arrangements.

The PRESIDENT OF THE REPUBLIC, in the use of the assignments that confer upon art. 84, inciso IV, and the art. 225, § 1, incisments I, II, III and VII, of the Federal Constitution, and with a view to the provisions of Law No. 9,985, of July 18, 2000,

DECRETA:

Art. 1º This Decree regulates the arts. 22, 24, 25, 26, 27, 29, 30, 33, 36, 41, 42, 47, 48 and 55 of the Law No. 9,985 of July 18, 2000, as well as the arts. 15, 17, 18 and 20, in what concerne the boards of conservation units.

CHAPTER I

OF THE CONSERVATION UNIT CREATION

Art. 2º The act of creating a conservation unit must indicate:

I? the denomination, the category of manhandling, the objectives, the limits, the area of the unit and the body responsible for its administration;

II? the traditional beneficiary population, in the case of the Extractivist Reserves and the Sustainable Development Reserves;

III? the traditional resident population, when couber, in the case of the National Forests, State Forests or Municipal Forests; and

IV? the economic, security, and national defense activities involved.

Art. 3º A denomination of each conservation unit should preferably be based on its most significant natural characteristic, or in its oldest denomination, giving priority, in the latter case, to ancestral indigenous designations.

Art. 4º Compete to the executor organ of the new conservation unit elaboration of the studies preliminary technicians and carry out, when it is the case, the public consultation and the remaining administrative procedures necessary for the creation of the unit.

Art. 5º The public consultation for the creation of conservation unit has the purpose of subsidizing the definition of the location, size and the most appropriate limits for the unit.

§ 1º The consultation consists of public meetings or, at the discretion of the environmental body competent, other forms of oitive of the local population and other interested parties.

§ 2º In the public consultation process, the competent enforcer body shall state, in a clear manner and in accessible language, the implications for the resident population on the interior and the surroundings of the proposed unit.

CHAPTER II

OF THE SUBSOIL AND AIRSPACE

Art. 6º The limits of the conservation unit, in relation to the subsoil, are established:

I? in the act of its creation, in the case of Full Protection Conservation Unit; and

II? in the act of its creation or in the Manejo Plan, in the case of Sustainable Use Conservation Unit.

Art. 7º The limits of the conservation unit, in relation to the airspace, are set out in the Manejo Plan, blurred in technical studies carried out by the managing body of the conservation unit, consulted with the competent aeronautical authority and in accordance with the current legislation.

CHAPTER III

DO MOSAIC OF CONSERVATION UNITS

Art. 8º The mosaic of conservation units will be recognised in an act of the Ministry of the Environment, at the request of the managing bodies of the conservation units.

Art. 9º The mosaic is to have a mosaic board, with advisory character and the function of acting as an integrated management instance of the conservation units that make it up.

§ 1º The composition of the mosaic board is established in the portaria establishing the mosaic and shall comply with the same criteria set out in Chapter V of this Decree.

§ 2º The mosaic board will have as chairman one of the heads of the conservation units that make it up, which will be chosen by the simple majority of its members.

Art. 10. Compete to the board of every mosaic:

I? draw up your internal regiment, within the ninety days, counted from your institution;

II? propose guidelines and actions for compatibilizing, integrating and optimizing:

a) the activities developed in each conservation unit, taking in view, especially:

1. the uses on the border between units;

2. the access to the units;

3. the surveillance;

4. the monitoring and evaluation of the Manejo Plans;

5. the scientific research; and

6. the allocation of compensation proceeds from the compensation regarding the environmental licensing of ventures with significant environmental impact;

b) the relationship with the resident population in the mosaic area;

III? speak out about solution proposals for the overlapping of units; and

IV? demonstrate, when provoked by executor body, by conservation unit council or by another organ of the National Environment System-SISNAMA, on the subject of interest for the management of the mosaic.

Art. 11. The ecological corridors, recognized in an act of the Ministry of the Environment, integrate the mosaics for the purposes of their management.

Paragraph single. In the absence of mosaic, the ecological corridor that interconnects conservation units will have the same treatment as their buffer zone.

CHAPTER IV

DO PLAN DE MANEJO

Art. 12. The conservation unit Manejo Plan, drawn up by the governing body or by the owner when it is the case, will be approved:

I? in portaria of the enforcer organ, in the case of Ecological Station, Biological Reserve, National Park, Natural Monument, Silvestre Life Refuge, Area of Environmental Protection, Area of Relevant Ecological Interest, National Forest, Reserve of Fauna and Private Reserve of Natural Heritage;

II? in resolution of the deliberative council, in the case of Extrativist Reserve and Sustainable Development Reserve, after prior approval of the enforcer organ.

Art. 13. The actual law granting contract of use and the term of commitment signed with traditional populations of the Extractive Reserves and Sustainable Use Reserves shall be in accordance with the Manejo Plan, and shall be reviewed, if necessary.

Art. 14. The executor organs of the National System of Nature Conservation Units-SNUC, in their respective spheres of acting, shall establish, within the term of one hundred and eighty days, from the publication of this Decree, basic methodological roadmap for the elaboration of the Manejo Plans of the different categories of conservation units, standardizing concepts and methodologies, setting guidelines for the diagnosis of the unit, zoning, manhandling programs, evaluation and review deadlines and phases of implementation.

Art. 15. From the creation of each conservation unit and until the Manejo Plan is established, they must be formalized and implemented protective and surveillance actions.

Art. 16. The approved Manejo Plan must be available for public consultation at the conservation unit's headquarters and the documentation centre of the enforceable organ.

CHAPTER V

DO COUNCIL

Art. 17. The categories of conservation unit will be able to have, as per Law No. 9,985, 2000, advisory or deliberative advice, which will be chaired by the head of the conservation unit, which will designate the remaining counselors indicated by the sectors to be represented.

§ 1º The representation of public organs must contemplate, when couber, the environmental bodies of the three levels of the Federation and organs of related areas, such as scientific research, education, national defense, culture, tourism, landscape, architecture, archaeology and indigenous peoples and agricultural settlements.

§ 2º The representation of civil society should contemplate, when couber, the scientific community and environmental non-governmental organizations with proven acting in the region of the unit, resident population and the surroundings, traditional population, homeowners within the unit, workers and private sector acts in the region and representatives of the Hydrographic Basin Committees.

§ 3º The representation of public bodies and of civil society on the boards should be, where possible, parity, considering the regional peculiarities.

§ 4º The Civil Society Organization of Public Interest-OSCIP with representation in the conservation unit council cannot apply for the management of which treats the Chapter VI of this Decree.

§ 5º The mandate of the counsellor is two years, renewable for equal period, unpaid, and considered activity of relevant public interest.

§ 6º In the case of municipal conservation unit, the Municipal Environment Defence Council, or equivalent body, the composition of which shall comply with the provisions of this article, and with competences that include those specified in the art. 20 of this Decree, it can be designated as the board of the conservation unit.

Art. 18. The board meeting of the conservation unit shall be public, with a preestablished agenda in the act of the convocation and carried out in place of easy access.

Art. 19. Compete to the enforcer organ:

I? convene the council in the minimum of seven days ' time;

II? provide support to the participation of advisors at meetings, whenever requested and duly justified.

Paragraph single. The support of the enforceable organ indicated in the inciso II does not restrict the one that can be provided by other organizations.

Art. 20. It is incumbent on the conservation unit board:

I? draw up your internal regiment, within the ninety days, counted from your facility;

II? follow up on the elaboration, implementation and review of the conservation unit Manejo Plan, when couber, ensuring its participatory character;

III? seek the integration of the conservation unit with the remaining specially protected units and territorial spaces and with their surroundings;

IV? strive to compatibly with the interests of the various social segments related to the unit;

V? evaluate the unit's budget and the annual financial report drawn up by the executor body in relation to the conservation unit's goals;

VI? opines, in the case of advisory board, or ratifying, in the case of deliberative advice, the contracting and the devices of the term of partnership with OSCIP, in the shared management hypothesis of the unit;

VII? follow up with the management by OSCIP and recommend termination of the partnership term, when found irregularity;

VIII? manifold about work or potentially causing impact activity in the conservation unit, in its damping zone, mosaics or ecological corridors; and

IX? propose guidelines and actions to compatibilize, integrate and optimize the relationship with the population of the surroundings or the interior of the unit, as the case.

CHAPTER VI

DA SHARED MANAGEMENT WITH OSCIP

Art. 21. The shared management of conservation unit by OSCIP is regulated by term of partnership struck with the enforcer body, pursuant to Law No. 9,790, of March 23, 1999.

Art. 22. You will be able to manage conservation unit to OSCIP that fulfils the following requirements:

I? have among their institutional goals the protection of the environment or the promotion of sustainable development; and

II? comprove the realization of environment protection activities or sustainable development, preferably in the conservation unit or in the same biome.

Art. 23. The edital for selection of OSCIP, targeting shared management, should be published with a minimum of sixty days in advance, in newspaper of wide circulation in the conservation unit region and the Official Journal, pursuant to the Law No. 8,666, of 21 from June 1993.

Single paragraph. The terms of reference for the submission of tender by the OSCIP will be defined by the enforcer body, heard the board of the unit.

Art. 24. The OSCIP should annually forward reports of its activities for appreciation of the enforcer organ and the board of the unit.

CHAPTER VII

DA AUTHORIZATION FOR THE EXPLOITATION OF GOODS AND SERVICES

Art. 25. It is liable to permit the exploitation of products, sub-products or services inherent to the conservation units, in accordance with the objectives of each unit category.

Paragraph single. For the purposes of this Decree, it is understood by products, sub-products, or services inherent to the conservation unit:

I? those intended to give physical and logistical support to their administration and the implementation of the common use activities of the public, such as visitation, recreation and tourism;

II? the exploitation of forest resources and other natural resources in Sustainable Use Conservation Units, at the limits set forth in law.

Art. 26. From the publication of this Decree, new authorisations for the commercial exploitation of products, sub-products or services in public domain conservation unit shall be permitted only if provided for in the Manejo Plan, upon decision of the organ runner, listened to the board of the conservation unit.

Art. 27. The use of commercial purpose conservation unit images will be charged as set out in administrative act by the executor body.

Paragraph single. When the purpose of the image use of the conservation unit is preponderantly scientific, educational or cultural, the use will be free.

Art. 28. In the process of authorizing the commercial exploitation of products, sub-products or conservation unit services, the enforcer organ shall viabilize the participation of physical or legal persons, observing the limits set by the current legislation on public tenders and too much standards in effect.

Art. 29. The authorization for commercial exploitation of product, sub-product or conservation unit service shall be grounded in economic feasibility studies and investments drawn up by the executor body, heard the board of the unit.

Art. 30. It is prohibited to build and extend benfectory without authorization from the conservation unit's governing body.

CHAPTER VIII

DA COMPENSATION FOR SIGNIFICANT ENVIRONMENTAL IMPACT

Art. 31. For the purposes of fixing the environmental compensation of which it treats art. 36 of Law No. 9,985, of 2000, the licensor environmental body shall establish the degree of impact from the environmental studies carried out when the environmental licensing process, being considered the negative, unmitigated and liable impacts of risks that could compromise the quality of life of a region or cause damage to natural resources.

Paragraph single. The percentage will be fixed, gradually, from half a percent of the total anticipated costs for the deployment of the venture, considering the breadth of the generated impacts, as set out in the caput.

Art. 32. It will be instituted within the framework of the licensed bodies of environmental compensation, composed of representatives of the organ, with the purpose of analysing and proposing the application of environmental compensation, for the approval of the competent authority, of agreement with the environmental studies carried out and percentage defined.

Art. 33. The application of the resources of environmental compensation of which it treats art. 36 of Law No. 9,985, of 2000, in the conservation units, existing or to be created, shall comply with the following order of priority:

I? fundaily regularization and demarcation of lands;

II? elaboration, review or deployment of manhandling plan;

III? acquisition of goods and services necessary for the implantation, management, monitoring and protection of the unit, understanding its cushioning area;

IV? development of studies necessary for the creation of new conservation unit; and

V? development of necessary research for the conservation unit manhandling and cushioning area.

Paragraph single. In the cases of Private Heritage Reserve, Natural Monument, Wildlife Refuge, Area of Relevant Ecological Interest and Environmental Protection Area, when the possession and domain are not of the Public Power, the proceeds of the compensation will only be able to apply to cuss the following activities:

I? drafting of the Manejo Plan or in the protection activities of the unit;

II? realization of the researches necessary for the manhandling of the unit, being vetted the acquisition of permanent goods and equipment;

III? deployment of environmental education programs; and

IV? funding for economic feasibility studies for sustainable use of the natural resources of the affected unit.

Art. 34. The ventures deployed prior to the edition of this Decree and in operation without the respective environmental licences should apply, within twelve months of the publication of this Decree, the regularization with the competent environmental body upon corrective or rectifier operating license.

CHAPTER IX

OF THE RESETTLEMENT OF TRADITIONAL POPULATIONS

Art. 35. The indenizatory process of which treats art. 42 of Law No. 9,985, of 2000, will respect the way of life and the sources of subsistence of traditional populations.

Art. 36. Only the traditional populations residing in the unit at the time of their creation will be entitled to resettlement.

Art. 37. The value of the benfeits carried out by the Public Power, the clearing title, in the resettlement area will be discounted from the indenizatory value.

Art. 38. The competent funjournal organ, when requested by the enforcer body, shall, within six months, submit from the date of the application, programme of work to meet the demands of resettlement of the traditional populations, with definition of deadlines and conditions for its realization.

Art. 39. As long as they are not resettled, the conditions of permanence of the traditional populations in Integral Protection Conservation Unit will be regulated by term of commitment, negotiated between the enforcer organ and populations, heard the council of the conservation unit.

§ 1º The term of commitment shall indicate the occupied areas, the limitations necessary to ensure the conservation of nature and the duties of the enforcer organ concerning the indenizatory process, ensured access of the populations to their sources of livelihood and the conservation of their ways of life.

§ 2º The term of commitment will be signed by the executor organ and by the representative of each family, assisted, when couber, by the legally constituted rural community or association.

§ 3º The term of commitment shall be signed within the maximum period of one year after the establishment of the conservation unit and, in the case of unit already created, within the maximum of two years counted from the publication of this Decree.

§ 4º The deadline and conditions for the resettlement of traditional populations will be defined in the term of commitment.

CHAPTER X

OF THE UNFORESEEN CATEGORY CONSERVATION UNIT REASSESSMENT IN THE SYSTEM

Art. 40. The reassessment of conservation unity provided for in the art. 55 of Law No. 9,985, of 2000, will be done by normative act of the same hierarchical level that created it.

Paragraph single. The normative act of re-evaluation will be proposed by the enforcer body.

CHAPTER XI

DAS BIOSPHERE RESERVES

Art. 41. The Biosphere Reserve is a model of integrated, participatory and sustainable management of natural resources, which has for basic objectives the preservation of biodiversity and the development of scientific research activities, to deepen the knowledge of this biological diversity, environmental monitoring, environmental education, sustainable development and the improvement of the quality of life of populations.

Art. 42. Will the management of the Biosphere Reserves be coordinated by the Brazilian Commission for the Program?The Man and the Biosphere?? COBRAMAB, of which it treats the Decree of September 21, 1999, with the purpose of planning, coordinating and overseeing the activities concerning the Program.

Art. 43. It is up to COBRAMAB, in addition to the one established in the Decree of September 21, 1999, to support the creation and to install the management system of each of the recognized Biosphere Reserves in Brazil.

§ 1º When the Biosphere Reserve covers the territory of only one state, the management system will be composed of a deliberative council and by regional committees.

§ 2º When the Biosphere Reserve covers the territory of more than one State, the management system will be composed of a deliberative board and by state committees.

§ 3º À COBRAMAB competes to create and coordinate the National Network of Biosphere Reserves.

Art. 44. It is incumbent on the deliberative boards of the Biosphere Reserves:

I? approve the structure of the management system of your Booking and coordinate it;

II? propose to COBRAMAB macro-guidelines for the deployment of the Biosphere Reserves;

III? draw up Biosphere Reserve action plans, proposing priorities, methodologies, timetables, partnerships and thematic areas of acting, according to the basic goals enumerated in the art. 41 of Law No. 9,985, of 2000;

IV? reinforce the deployment of the Biosphere Reserve by the proposition of pilot projects at strategic points of its domain area; and

V? implant, in the domain areas of the Biosphere Reserve, the basic principles set out in art. 41 of Law No. 9,985, of 2000.

Art. 45. It is incumbent on the regional and state committees:

I? support local governments in the establishment of public policies regarding the Biosphere Reserves; and

II? point out priority areas and propose strategies for the deployment of the Biosphere Reserves as well as for the diffusion of their concepts and functions.

CHAPTER XII

DAS FINAL PROVISIONS

Art. 46. Each SNUC member conservation unit category will be the object of specific regulation.

Paragraph single. The Ministry of the Environment should propose regulation of each category of conservation unit, ears the executor bodies.

Art. 47. This Decree comes into force on the date of its publication.

Art. 48. It is repealed Decree No. 3,834, of June 5, 2001.

Brasilia, August 22, 2002; 181º of Independence and 114º of the Republic.

FERNANDO HENRIQUE CARDOSO

José Carlos Carvalho