DECREE NO. 3,692, OF December 19, 2000.

Disposes on the installation, approves the Regimental Structure and the Demonstrative Framework of the Commissioned Cargos and the Commissioned Cargos Technicians of the National Agency of Águas-ANA, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers it on art. 84, incisors IV and VI, of the Constitution, and with a view to the provisions of Law No. 9,984 of July 17, 2000,

Decreta:

Art. 1º It is installed the National Agency of Águas-ANA, autarchy under regime special, integral to the National Water Resource Management System, created by Law No. 9,984 of July 17, 2000, for the purpose of implementing, in its sphere of assignments, National Policy of Water Resources.

Single paragraph. ANA will have headquarters and venue in the Federal District, and may install regional administrative units.

Art. 2º Stay approved the Regimental Structure and the Demonstrative Framework of the Commissioned Cargos and the Commissioned Cargos ANA technicians, in the form of the Annexes I and II to this Decree.

Art. 3º The ANA internal regiment will be approved by the Colegiated Board and published in the Journal Official of the Union, within the period of up to one hundred and twenty days, counted from the date of publication of this Decree.

Art. 4º This Decree comes into effect on the date of its publication.

Brasilia, December 19, 2000; 179º of Independence and 112º of the Republic.

Fernando Henrique Cardoso

José Sarney Filho

Martus Tavares

ANNEX I

REGIMENTAL STRUCTURE OF THE NATIONAL AGENCY OF GOIÁS- ANA

CHAPTER I

NATURE AND PURPOSE

Art. 1º The National Agency of Águas-ANA, autarchy under special arrangements, created by Law No. 9,984 of July 17, 2000, with the administrative and financial autonomy, linked to the Ministry of the Environment, is for the purpose of implementing, in its sphere of assignments, the National Water Resources Policy, pursuant to Law No. 9,433, of January 8, 1997.

Art. 2º The ANA acting will comply with the fundamentals, objectives, guidelines and instruments of the National Water Resources Policy and will be developed in articulation with public bodies and public and private entities of the System National of Water Resources Management, by standing by:

I-overseeing, controlling and evaluating the actions and activities arising from compliance with the federal legislation pertinent to water resources;

II-disciplinary, in normative character, by means of resolution of the Colegiated Directorate, the implementation, operationalization, control and evaluation of the instruments of the National Water Resources Policy;

III- participate in the drafting of the National Plan for Water Resources and supervise its implementation;

IV-provide support for the elaboration of the water resource plans of the river basins;

V-outorgar, by means of authorization, the right of use of water resources in Union domain water glasses;

VI-scrutinizing, with power of police, the uses of water resources in the Union's domain water bodies;

VII-elaborate technical studies to subsidize the definition, by the National Board of Water Resources, of the values to be charged for the use of Union-domain water resources, based on the suggested mechanisms and quantitative by the watershed committees in the form of the inciso VI of the art. 38 of Law No. 9,433, of 1997;

VIII-stimulate and support the initiatives aimed at the creation of watershed committees;

IX-implement, in conjunction with the watershed committees, the collection for the use of Union-area water resources;

X-raise, expend and apply what it is to own and distribute, for application, the earned revenues, through collection by the use of water resources of the Union domain, in the form of the provisions of the art. 22 of Law No. 9,433, of 1997;

XI-plan and promote actions aimed at preventing or minimizing the effects of droughts and floods, within the framework of the National Water Resources Management System, in articulation with the organ central to the National Civil Defence System, in support of states and Municipalities;

XII-declare water bodies in regime of preventive rationing and apply the necessary measures to ensure their priority uses in in line with the criteria set out in decree heard the respective watershed committees, if any;

XIII-promoting the elaboration of studies to subsidize the application of Union financial resources in works and water course regularization, allocation and water pollution control and water pollution control services, in line with the established in water resource plans;

XIV-define and scrutinize the conditions of operations of reservoirs by public and private actors, aiming at ensuring the multiple use of water resources, as set out in the water resource plans of the respective river basins;

XV-disciplinary, in normative character, and authorize the fertilization of raw water involving water resources of the Union, including by establishing tariffs and setting the efficiency standards for the provision of the respective service;

XVI-promote the coordination of activities developed within the framework of the national hydrometereological network, in articulation with the public and private bodies and entities that integrate it, or that of it are customary;

XVII -organize, deploy and manage the National Water Resources Information System;

XVIII-stimulate research and empowerment of human resources for water resource management;

XIX-render support for states in the creation of water resource managers;

XX-propose to the National Council of Water Resources the establishment of incentives, including financial, for qualitative and quantitative conservation of water resources;

XXI-promoting exchange with national and international entities related to water resources;

XXII-represent Brazil in the international water resources bodies in articulation with the Foreign Ministry and with other ogres and entities involved; and

XXIII-celebrate congeniums and contracts with federal, state bodies and entities, municipalities, and with legal persons of law private, involving matters relating to water resources of its competence.

§ 1º In the execution of the competence referred to in the inciso II of this article, they shall be considered, in the cases of shared river basins with other countries, the respective agreements and treaties.

§ 2º The competence referred to in the inciso V of this article comprises, including, the power of right of use of water resources for harnessing potential of hydraulic energy.

§ 3º The technical studies referred to in the incisculation VII of this article should contain the minimum and maximum values that will be considered, by the National Board of Water Resources, for the definition of the values to be charged for the use of Union-domain water resources.

§ 4º The ANA and the National Electrical Energy Agency-ANEEL will be able to celebrate congeniums to viabilize resource transfers from the Global Reserve of Reversal, with the purpose of costing activities and projects linked to hydrology, hydrometereology and reservoir surveillance for hydro generation.

CHAPTER II

OF THE DIRECTION AND APPOINTMENT

Art. 3º The ANA will be directed by a Colegified Directorate, composed of five members by the President of the Republic, after the approval by the Federal Senate, with non-coincidental terms of four years, admitted a single consecutive redriving, by appointment of the Minister of State for the Environment.

§ 1º The Chief Executive Officer of the ANA will be chosen by the President of the Republic among the members of the Colegiated Board, and invested in the function by Four years or by the time left of its mandate.

§ 2º In the event of vacancy in the course of the term of office, this shall be completed by successor invested in the form provided for in the caput of this article, which will exercise it by the term remnant.

§ 3º The imotivated exoneration of leader may only occur in the four months initiated of the respective mandates.

§ 4º After the deadline referred to in the preceding paragraph, the leaders of the ANA will only lose the mandate in the due process of waiver of judicial conviction handed down on trial, or of ultimate decision-making jurisdiction in disciplinary administrative proceedings.

Art. 4º Without prejudice to what they provide for criminal legislation and the one relating to the acts of administrative improbity in the public service, will be cause of the loss of the mandate to be unfulfilled by any leader of the duties and the prohibitions inherent in the office he occupies.

Single paragraph. For the purposes of this article, it is up to the Minister of State for the Environment to set up the disciplinary administrative process to be conducted by special committee, and it is up to the President of the Republic to determine the preventative removal, when the case is the case, and utters judgment.

Art. 5º It is vetted to the Directors of ANA the exercise of any other professional, business, union, or political-patio-direction activity.

§ 1º Is vetted to the ANA leaders, as you dispose of your internal regiment, have direct or indirect interest in company related to the National Water Resource Management System.

§ 2º The gasket of which treats the caput of this article does not apply to the cases of professional activities arising from contractual links held with public or private entities of teaching and research.

CHAPTER III

OF STRUCTURE ORGANIZATIONAL

Section I

Of The Basic Structure

Art. 6º The ANA has the following structure:

I-Colegiated Board;

II- Procuradorian-Geral; and

III-Internal Affairs.

§ 1º Stay created the Office of the Chief Executive Officer and the General Secretariat of the Colegiated Directorate, whose structuring and assignments are to be established in internal ANA Regiment.

§ 2º The ANA will be able to create up to ten Superintendencies, which will report directly to the Colegiated Directorate and will, yet, be able to install regional administrative units, in the form that it disposes of its internal regiment.

§ 3º The ANA internal regiment will have on structuring, hierarchical linkage, extinction, creation, strategic purposes, competences and denominations of the Superintendencies, of the Units Administrative to be installed, as well as of the remaining level areas lower than that of the Colegiated Directorate.

§ 4º The Attorney General is bound by the Advocate General of the Union for the purposes of normative guidance and supervision technique.

Section II

Of The Colegiated Board

Art. 7º To The Colegiada Directorate competes:

I-exercise the administration of ANA;

II- edit standards on ANA competence subjects;

III-approve the ANA internal regiment, the organization, the structure and the decision-making scope of each Directorate;

IV-comply and enforce the standards relating to the National Water Resources Management System;

V-examine and decide on applications for the right to use Union-domain water resources;

VI-elaboration and release reports on the activities of ANA;

VII-decide on the sale, assignment or rental of ANA heritage integral goods;

VIII-know and judge requests for reconsideration of component decisions of the ANA Directorate;

IX-passing criteria for the conclusion of contracts, arrangements and agreements in which ANA intervenes or is a party;

X-authorize, in the form of the legislation in force, the removal of the Country of its practitioners for performance of technical and capacity-related activities related to ANA competencies;

XI-forward the ANA's accounting demonstratives to the competent bodies;

XII- to administratively solve conflicts concerning the uses of Union-area water resources, ears of the respective basin committees, if any;

XIII-promoting contests, national or regional, inclusive of mending award giving, related to the use of water resources or the Agency itself; and

XIV-submit ANA's budget proposal to the competent body of the Federal Administration, via the Ministry of the Environment Environment.

§ 1º The Colegiada Board shall act by a simple majority of votes, and shall meet with the presence of at least three Directors, among them the Director-President or his / her legal substitute.

§ 2º Decisions related to the institutional competences of ANA, provided for in art. 2º of this Structure, will be taken in a collegiate manner.

§ 3º The internal regiment and its amendments shall be approved with the presence of all the Rights and by an absolute majority of the votes.

Section III

From the Attorney General

Art. 8º À Procurator-General competes:

I-judicially represent ANA, with procedural prerogatives of Public Finance;

II- represent judicially the occupiers of Letters Commissioners of Direction, including after the termination of the respective exercise, with reference to acts carried out in the wake of their legal or institutional assignments, adopting, including, the measures judicial, in the name and in defence of the representatives, save in relation to the administrative procedure or judicial process of the initiative of ANA itself;

III-ascertain the liquidity and certainty of claims, of any nature, inherent in ANA's activities, enrolling them into active debt, for the purposes of friendly or judicial collection; and

IV-perform the consulting and legal advising activities.

Single paragraph. The ANA Attorney General is composed of Prosecutors endowed with all the prerogatives and procedural rights inherent in the office of Municipality Prosecutors, inclusive of postulatory capacity, being directed by the Attorney General.

Section IV

From Internal Affairs

Art. 9º À CorregWisdom competes:

I-scrutinize the legality of the functional activities of the servers, of the organs and of the units of ANA;

II-appreciate the representations about the actuation of the servers and issue opinion on the performance of the same and opinion grounded as to their confirmation in office or their exoneration;

III- ascertaining the liquidity and certainty of claims, of any nature, inherent in the activities of ANA, enrolling them in active debt, for the purposes of friendly or judicial collection; and

IV-institute for superior determination, syndications and disciplinary administrative processes, submenting them to the decision of the Chief Executive Officer of ANA.

Single paragraph. The Corregedor will be appointed by the Minister of State for the Environment for referral from the Colegiated Directorate of ANA.

CHAPTER IV

OF THE MANAGEMENT CONTRACT

Art. 10. The ANA administration shall be drawn up by management contract, negotiated between its Chief Executive Officer and the Minister of State for the Environment, within the maximum period of one hundred and twenty days following the appointment of the Chief Executive Officer of ANA.

§ 1º The management contract will establish the indicators that allow to assess, objectively, the performance of ANA.

§ 2º The non-existence of the Management Contract will not prevent the normal performance of ANA in the exercise of your competencies.

CHAPTER V

OF THE ASSIGNMENTS OF THE LEADERS

Section I

Of The Director-President

Art. 11. To the Director-President:

I-exercise the legal representation of ANA;

II-chair the meetings of the Colegiated Directorate and the public hearings of ANA initiative, and may be replaced ad hoc;

III-comply and enforce the decisions of the Colegified Directorate;

IV-decide ad referendum of the Board of Directors Colegiate the matters of urgency;

V-decide, in the event of a tie, in the deliberations of the Colegiated Board;

VI-nominate, requisite, promote and exonerate servers, including by probing the Commissioned Cargos of Executive Management, Advisory, Assistance and the Cargos Technical Commissioners;

VII-admit, requisition, promote and fire servers, filling public jobs;

VIII-practice other human resource management acts, including approving edital and homologation results of the public tenders;

IX-referred to the National Water Resources Board the reports drawn up by the Colegiada Board and too many matters of competence of that Council;

X-sign contracts, arrangements and agreements of interest of ANA;

XI-order expenses in the framework of its attributions and practice the remaining acts of management of budgetary and financial resources, pursuant to the standards beams;

XII-overseeing the functioning of all ANA sectors;

XIII-exercise the remaining superior management acts related to ANA's competencies, pursuant to which we dispose of the regiment internal; and

XIV-exercise the disciplinary power, pursuant to the legislation in force.

§ 1º The Director-President, without prejudice to the competence referred to in the inciso V, shall participate in the deliberations with right to vote equal to that of the remaining members of the Colegiated Board.

§ 2º The commissioned positions of Executive Management, of Advisory and Assistance will be provided by the Director-President after the Board's approval Collegiate:

Section II

Of The Common Attributions to the Directors

Art.12. They are common assignments to the Directors of ANA:

I-carry out the decisions made by the Colegified Directorate;

II-comply and enforce the regulatory provisions within the scope of the Agency's tasks;

III-ensure the credibility and institutional image of ANA;

IV-ensure compliance with ANA's incumbency plans, programs and projects;

V-practice and exclaim the acts of administrative management within its remit;

VI-planning, coordinating, controlling and supervising, in an articulated manner, the activities of their respective areas of attribution; and

VII- to hold each other accountable, in the terms of the current legislation, as to the results, objectives and work targets of ANA, as well as to the provision of periodic accounts to the external control bodies of the Union.

Section III

From Attorney-General

Art. 13. The Attorney General is incumbent:

I-exercise the legal and institutional prerogatives of the Prosecutor's Office, delegating them to the ANA Procurrants in the function of the convenience and volume of work;

II-administer the litigation of ANA;

III-coordinated the consulting and legal advising activities of the ANA Prosecutors, approving the respective opinions; and

IV-supervising the administrative activities of the Attorney General.

CHAPTER VI

OF THE HERITAGE AND REVENUE

Section I

Of The Heritage

Art. 14. Constitute ANA's estate the assets and rights of your property and those conferred upon it or that it comes to acquire or incorporate.

Section II

Das Revenue

Art. 15. They constitute revenues of ANA:

I-the resources to it transferred from appropriations carried out in the Union's General Budget, the special credits, the additional credits and the transfers and the re-passes that are conferred;

II-the resources arising from the collection by the use of water resources in Union-area water bodies, respecting the forms and limits of application provided for in the art. 22 of Law No. 9,433, of 1997;

III-the proceeds from congeniums, agreements or contracts concluded with entities, bodies or national or international companies;

IV-the appropriations, legacies, grants and other resources that are intended for it;

V-the proceeds from the sale of publications, technical material, data and information, including for the purposes of public bidding, administrative emoluments, and fees of enrollment in contests;

VI-consideration for services of any nature provided to third parties;

VII-the product resulting from the collection of fines applied for the purposes of supervisory actions of that treat the arts. 49 and 50 of Law No. 9,433, of 1997;

VIII-the values ascertained with the sale or rental of movable and immovable property of their property;

IX-the product of the disposal of goods, objects and instruments used for the practice of infractions, as well as the patrimony of the offenders, seized upon the exercise of the police power and incorporated into the heritage of the municipality, in the terms of judicial decision;

X-the resources arising from the collection of administrative emoluments;

XI-the payment for the use of water resources made by a concessionary company or authorized for hydraulic potential exploitation; and

XII-a share of financial compensation earmarked for the implementation of the National Water Resources Policy and the National System of Water Resources Management and the management of the national hydrometeorological network of which treat the inciso II of § art. 17 of Law No. 9,648 of May 27, 1998, and § 4º of the art. 1º of Law No. 8,001 of March 13, 1990, which will be fully targeted by the Ministry of the Environment.

§ 1º ANA's revenue will be kept at its disposal in the Single Account of the National Treasury, while they are not intended for the respective schedules.

§ 2º The revenues from collection by the use of Union-area water resources will not suffer limits on their values, for financial movement and commitment.

§ 3º The ANA will keep records that allow to correlate the recipes with the hydrographic basins in which they were generated, with the aim of fulfilling the establishment in the art. 22 of Law No. 9,433, 1997.

§ 4º The availability of which treats § 1º of this article will be able to be kept in financial applications, in the form regulated by the Ministry of Finance.

§ 5º As priorities of application of resources to which the art caput is concerned. 22 of Law No. 9,433, 1997, will be defined by the National Council of Water Resources, in articulation with the respective watershed committees.

CHAPTER VII

OF THE REGULATION AND OF THE WATCHDOG

Section I

From Regulation

Art. 16. ANA's regulatory action will be carried out based on the fundamentals, objectives and guidelines of the National Water Resources Policy instituted in Law No. 9,433 of 1997, aiming to ensure the proper care for the needs and priorities of use of the water resources.

Art. 17. Observed the provisions of the art. 4º of Law No. 9,433, of 1997, ANA will exercise regulatory action on Union domain water bodies, including by setting minimum leakage requirements and maximum concentration of pollutants in the transition of State-domain water bodies for those in the Federal domain.

Section II

From Surveillance

Art. 18. ANA will scrutinise the use of water resources by monitoring, controlling, ascertaining irregularities and infractions and the eventual determination of rectification of the activities, works and services by the users of water resources of domain of the Union.

Art. 19. ANA's scrutinizing activity primarily for the guidance of users of water resources, in order to prevent illicit and undesirable conduct, with a view to, especially:

I-the compliance of the relevant legislation to the use of water resources; and

II-the guarantee of the fulfilment of the safety standards of the activities, works and services by the users of water resources of the Union domain.

§ 1º ANA's scrutinizing activity could be exercised with the collaboration of federal, state and municipal public bodies.

§ 2º Of the acts carried out by the audit will fit administrative appeal as it disposes the regiment internal.

§ 3º The primacy by the orientation of the users ' agents does not preclude or condones the immediate application of penalty, when characterized the occurrence of infractions.

CHAPTER VIII

OF THE INSTITUTIONAL ARTICULATION OF THE ANA

Art. 20. Observed the provisions of Laws No 9,637 of May 15, 1998; of March 23, 1999, ANA will be able to enter into a management contract or term of partnership with water or watershed agencies, for the performance of the services referred to in art. 44 of Law No. 9,433, of 1997, by transferring them financial resources for the fulfilment of the object of the instrument concluded.

Single paragraph. The management contract of which it treats the caput of this article could be clinched with consortia and intermunicipal river basin associations, in the terms provided for in the art. 51 of Law No. 9,433, of 1997.

Art. 21. ANA will be able to celebrate arrangements of technical cooperation with organs or public entities of the states and the Federal District, we have the art. 4º of Law No. 9,433, of 1997.

Single paragraph. The cooperation arrangements of which it treats the caput of this article will seek the understanding between the parties on equivalent collection criteria by the use of water resources in a same watershed, regardless of the dominiality of the courses of water that make it up.

CHAPTER IX

OF THE FINAL AND TRANSITIONAL PROVISIONS

Art. 22. It is up to ANA to coordinate and supervise the process of decentralization of the operation and maintenance activities of Union-owned reservos, channels and domain fertilizers, excepted the infrastructure component of the Brazilian Interconnected System, managed by the National operator of the Electrical System-ONS, and of the hydropower plants that do not operate interligently.

Art. 23. Attended to the provisions of the single paragraph of the art. 26 of Law No. 9,984, 2000, ANA and ANEEL will issue joint resolution, establishing, in temporary character and in transitional arrangements, the procedures to be by this adopted for issuance of booking statements of water availabilities and of right-of-law outoring of water resources, for the purposes of bidding for the exploitation of hydraulic potential.

Art. 24. ANA will set deadlines for the regularization of uses of Union domain water resources that are not ampared by corresponding right-of-use.

Single paragraph. The deadlines referred to in the caput of this article will be set in the light of the possible water shortage of the corresponding watershed, for the fulfilment of the required uses.

Art. 25. They are transferred the remanries to ANA:

I-the technical and patrimonial acquis, the rights and revenues of the Ministry of the Environment and its organ, necessary for the operation of the Autarquia; and

II-the budget balances of the Ministry of the Environment, to meet the structuring and maintenance expenses of the municipality, using as it recurs the budgetary allocations intended for the purpose and administrative activities, observed the same subprojects, subactivities, and expense groups provided for in the Budgetary Law in force.

Single Paragraph. The Chief Executive Officer of ANA and the Executive Secretary of the Ministry of the Environment shall adopt the administrative arrangements necessary for the fulfilment of the provisions of this article.

Art. 26. The Colegiada Board of ANA will be able to have the change in the quantitative and the distribution of the Commissioned Cars of Executive Management, Advisory, Assistance and Technical Commissioned Positions, within the organizational structure of the Autarky, observed the corresponding retribution values and as long as it does not entail increased expense.

Art. 27. In the first ANA management, a director will have three-year term, two directors will have mandates of four years and two directors will have five-year tenure, to implement the system of non-coincidental mandates that treats art. 3º.

ANNEX II

DEMONSTRATIVE FRAMEWORK OF THE POSTS

COMMISSIONED

AND OF THE AGENCY ' S TECHNICAL COMMISSIONING POSITIONS

NATIONAL WATERS? ANA.

CODE	VALOR UNITÁRIO	QTDE.	TOTAL VALUE
CD I	8.000,00	1	8,000.00
CD II	7.600,00	4	30,400.00
CGE I	7,200.00	5	36,000.00
CGE II	6,400.00	13	83,200.00
CGE III	6,000.00	33	198,000.00
CGE IV	4,000.00	1	4.000,00
CA I	6.400,00	4	25,600.00
CAII	6.000,00	4	24,000.00
CA III	1.8900,00	4	7,200.00
CAS I	1,500.00	11	16,500.00
SUBTOTAL		80	432.900,00
CCTV	1,521.00	27	41,067.00
TOTAL		107	473.967,00