Law 12,651, of May 25, 2012.

Art. 1º-A

This Law establishes general rules on the protection of vegetation, Permanent Preservation areas and Reserva Legal areas; forest exploitation, the supply of forest raw material, the control of the origin of forest products and the control and prevention of forest fires, and provides economic and financial instruments to achieve its objectives.

Sole paragraph. With the aim of sustainable development, this Law shall observe the following principles:

I - affirmation of Brazil's sovereign commitment to the preservation of its forests and other forms of native vegetation, as well as biodiversity, soil, water resources and the integrity of the climate system, for the well-being of present and future generations;

II - reaffirmation of the importance of the strategic function of agricultural activity and the role of forests and other forms of native vegetation in sustainability, economic growth, the improvement of the quality of life of the Brazilian population and the country's presence in the national and international food and bioenergy markets;

III - government action for the protection and sustainable use of forests, consecrating the country's commitment to the compatibility and harmonization between the productive use of land and the preservation of water, soil and vegetation;

IV - shared responsibility of the Union, States, Federal District and Municipalities, in collaboration with civil society, in the creation of policies for the preservation and restoration of native vegetation and its ecological and social functions in urban and rural areas;

V - promotion of scientific and technological research in the pursuit of innovation for the sustainable use of soil and water, the recovery and preservation of forests and other forms of native vegetation;

VI - creation and mobilization of economic incentives to foster the preservation and recovery of native vegetation and to promote the development of sustainable productive activities.

Art. 2º

The forests existing in the national territory and other forms of native vegetation, recognized as useful to the lands they cover, are property of common interest to all inhabitants of the country, with property rights exercised under the limitations established by legislation in general and especially by this Law.

§ 1º In the use and exploitation of vegetation, actions or omissions contrary to the provisions of this Law are considered irregular use of property, and the summary procedure provided for in item II of Art. 275 of Law 5,869, of January 11, 1973, the Code of Civil Procedure, applies, without prejudice to civil liability, pursuant to § 1º of Art. 14 of Law 6,938, of August 31, 1981, and to administrative, civil and criminal sanctions.

§ 2º The obligations provided for in this Law have a real nature and are transferred to the successor, of any nature, in the case of transfer of domain or possession of the rural property.

Art. 3º

For the purposes of this Law, the following are understood:

I - Legal Amazon: the States of Acre, Pará, Amazonas, Roraima, Rondônia, Amapá and Mato Grosso and the regions located north of parallel 13° S, of the States of Tocantins and Goiás, and west of meridian 44° W, of the State of Maranhão;

II - APP (Permanent Preservation Area): protected area, covered or not by native vegetation, with the environmental function of preserving water resources, the landscape, geological stability and biodiversity, facilitating the gene flow of fauna and flora, protecting the soil and ensuring the well-being of human populations;

III - Reserva Legal (Legal Reserve): area located within a rural property or possession, delimited under the terms of Art. 12, with the function of ensuring the sustainable economic use of the natural resources of the rural property, assisting in the conservation and rehabilitation of ecological processes and promoting the conservation of biodiversity, as well as the shelter and protection of wild fauna and native flora;

IV - consolidated rural area: area of rural property with anthropic occupation pre-existing July 22, 2008, with buildings, improvements or agroforestry-pastoral activities, with the adoption of the fallow regime admitted in the latter case;

V - small property or family rural possession: that exploited through the personal work of the family farmer and rural family entrepreneur, including settlements and agrarian reform projects, and which complies with the provisions of Art. 3º of Law 11,326, of July 24, 2006;

VI - alternative land use: substitution of native vegetation and successor formations by other land covers, such as agricultural, industrial, energy generation and transmission, mining and transportation activities, urban settlements or other forms of human occupation;

VII - sustainable management: administration of natural vegetation to obtain economic, social and environmental benefits, respecting the sustaining mechanisms of the ecosystem subject to management and considering, cumulatively or alternatively, the use of multiple woody or non-woody species, multiple flora products and by-products, as well as the use of other goods and services;

VIII - public utility:

a) national security and sanitary protection activities;

b) infrastructure works intended for concessions and public transportation services, road systems, including those necessary for urban land subdivisions approved by Municipalities, sanitation, waste management, energy, telecommunications, broadcasting, facilities necessary for the holding of state, national or international sports competitions, as well as mining, except, in the latter case, the extraction of sand, clay, gravel and gravel;

c) civil defense activities and works;

d) activities that demonstrably provide improvements in the protection of the environmental functions referred to in item II of this article;

e) other similar activities duly characterized and motivated in their own administrative procedure, when there is no technical and locational alternative to the proposed development, defined by act of the head of the federal Executive Branch;

IX - social interest:

a) activities essential to the protection of the integrity of native vegetation, such as fire prevention, combat and control, erosion control, eradication of invasive species and protection of plantings with native species;

b) sustainable agroforestry exploitation practiced in the small property or family rural possession or by traditional peoples and communities, provided it does not decharacterize the existing vegetation cover and does not harm the environmental function of the area;

c) implementation of public infrastructure intended for sports, leisure and outdoor educational and cultural activities in consolidated urban and rural areas, subject to the conditions established in this Law;

d) land regularization of human settlements predominantly occupied by low-income population in consolidated urban areas, subject to the conditions established in Law 11,977, of July 7, 2009;

e) implementation of facilities necessary for the capture and conveyance of water and treated effluents for projects whose water resources are integral and essential parts of the activity;

f) research and extraction of sand, clay, saibro and gravel activities, granted by the competent authority;

g) other similar activities duly characterized and motivated in their own administrative procedure, when there is no technical and locational alternative to the proposed activity, defined by act of the head of the federal Executive Branch;

X - occasional or low environmental impact activities:

a) opening of small internal access roads and their bridges and footbridges, when necessary to cross a watercourse, for people and animals to access water or for the removal of products from sustainable agroforestry management activities;

b) implementation of facilities necessary for the capture and conveyance of water and treated effluents, provided the granting of the right to use water is proven, where applicable;

c) implementation of trails for the development of ecotourism;

d) construction of boat launching ramps and small docks;

e) construction of housing for family farmers, descendants of quilombola communities and other extractive and traditional populations in rural areas, where water supply is provided by the residents' own efforts;

f) construction and maintenance of fences on the property;

g) scientific research relating to environmental resources, respecting other requirements provided for in applicable legislation;

h) collection of non-timber products for subsistence purposes and seedling production, such as seeds, chestnuts and fruits, respecting specific legislation on access to genetic resources;

i) planting of native species producing fruits, seeds, chestnuts and other plant products, provided it does not imply removal of existing vegetation or harm to the environmental function of the area;

j) agroforestry exploitation and sustainable, community and family forest management, including the extraction of non-timber forest products, provided they do not decharacterize the existing native vegetation cover or harm the environmental function of the area;

j-A) activities aimed at restoring native vegetation around springs or in other degraded areas, in accordance with norms issued by the competent body of the National Environment System (Sisnama);

k) other similar actions or activities, recognized as occasional and of low environmental impact by act of CONAMA (National Environment Council) or State Environment Councils;

XI - (VETOED);

XII - vereda: savanna phytophysiognomy, found in hydromorphic soils, usually with the tree palm Mauritia flexuosa, emergent buriti, without forming a canopy, among groups of shrub-herbaceous species;

XIII - mangrove: coastal ecosystem occurring on low lands subject to tidal action, formed by recent muddy or sandy flats, with which the natural vegetation known as mangle is predominantly associated, with fluvial-marine influence, typical of silty soils of estuarine regions and with discontinuous dispersion along the Brazilian coast, between the States of Amapá and Santa Catarina;

XIV - salgado or hypersaline tropical marshes: areas located in regions with flood frequencies intermediate between syzygy and quadrature tides, with soils whose salinity varies between 100 (one hundred) and 150 (one hundred and fifty) parts per 1,000 (one thousand), where specific herbaceous vegetation may be present;

XV - apicum: areas of hypersaline soils located in the upper intertidal regions, flooded only by syzygy tides, with salinity greater than 150 (one hundred and fifty) parts per 1,000 (one thousand), devoid of vascular vegetation;

XVI - restinga: sandy deposit parallel to the coastline, generally elongated, produced by sedimentation processes, where different communities are found that receive marine influence, with mosaic vegetation cover, found on beaches, sand bars, dunes and depressions, presenting, according to the successional stage, herbaceous, shrubby and arboreal layers, the latter more inland;

XVII - spring: natural outcrop of the water table that presents perenniality and gives rise to a watercourse;

XVIII - water eye: natural outcrop of the water table, even if intermittent;

XIX - regular bed: the channel through which the waters of the watercourse regularly flow during the year;

XX - urban green area: public or private spaces, with predominance of vegetation, preferably native, natural or recovered, provided for in the Master Plan, in the Urban Zoning and Land Use Laws of the Municipality, unavailable for housing construction, intended for recreation, leisure, improvement of urban environmental quality, protection of water resources, maintenance or improvement of landscape, protection of cultural assets and manifestations;

XXI - floodplain (várzea): areas marginal to watercourses subject to periodic floods and inundations;

XXII - flood passage strip: floodplain area adjacent to watercourses that allows the flow of floodwater;

XXIII - undulating relief: geomorphological expression used to designate an area characterized by movements of the terrain that generate depressions, whose intensity allows its classification as gentle undulating, undulating, strongly undulating and mountainous relief.

XXIV - fallow: practice of temporarily interrupting agricultural, livestock or silvicultural activities or uses, for a maximum of 5 (five) years, to enable the recovery of the capacity of use or physical structure of the soil;

XXV - wetlands: pantanals and terrestrial surfaces periodically covered by water, originally covered by forests or other forms of vegetation adapted to flooding;

XXVI - consolidated urban area: one that meets the following criteria:

a) be included within the urban perimeter or in an urban zone by the master plan or by a specific municipal law;

b) have an implemented street system;

c) be organized in blocks and lots that are predominantly built up;

d) present predominantly urban use, characterized by the existence of residential, commercial, industrial, institutional, mixed-use or service-related buildings;

e) have at least 2 (two) of the following pieces of urban infrastructure in place:

1. stormwater drainage;

2. sewage collection;

3. potable water supply;

4. electricity distribution and public lighting; and

5. urban cleaning, solid waste collection and management;

XXVII - carbon credit: transferable, autonomous asset, with the legal nature of a civil fruit in the case of forest carbon credits from preservation or reforestation, except those arising from jurisdictional programs, provided all limitations imposed on such programs by this Law are respected, representing the effective retention, reduction of emissions or removal of 1 tCO2e (one ton of carbon dioxide equivalent), obtained from GHG reduction or removal projects or programs, carried out by a public or private entity, submitted to national or international methodologies that adopt criteria and rules for measurement, reporting and verification of emissions, external to the Brazilian Greenhouse Gas Emissions Trading System (SBCE).

Sole paragraph. For the purposes of this Law, the treatment given to the properties referred to in item V of this article extends to rural properties and possessions with up to 4 (four) fiscal modules that develop agroforestry-pastoral activities, as well as to demarcated indigenous lands and other titled areas of traditional peoples and communities that make collective use of their territory.

Art. 4º

A Permanent Preservation Area, in rural or urban zones, is considered, for the purposes of this Law:

I - the marginal buffers of any perennial and intermittent natural watercourse, excluding ephemeral ones, from the edge of the regular bed channel, with a minimum width of:

a) 30 (thirty) meters, for watercourses less than 10 (ten) meters wide;

b) 50 (fifty) meters, for watercourses that are between 10 (ten) and 50 (fifty) meters wide;

c) 100 (one hundred) meters, for watercourses that are between 50 (fifty) and 200 (two hundred) meters wide;

d) 200 (two hundred) meters, for watercourses that are between 200 (two hundred) and 600 (six hundred) meters wide;

e) 500 (five hundred) meters, for watercourses with width exceeding 600 (six hundred) meters;

II - the areas around natural lakes and ponds, in a strip with a minimum width of:

a) 100 (one hundred) meters, in rural zones, except for the water body with up to 20 (twenty) hectares of surface area, whose marginal buffer shall be 50 (fifty) meters;

b) 30 (thirty) meters, in urban zones;

III - the areas around artificial water reservoirs, resulting from the damming or impounding of natural watercourses, in the buffer defined in the environmental license of the development;

IV - the areas around springs and perennial water eyes, whatever their topographic situation, in a minimum radius of 50 (fifty) meters;

V - the slopes or parts thereof with gradient greater than 45°, equivalent to 100% (one hundred percent) on the line of greatest slope;

VI - the restingas, as dune fixers or mangrove stabilizers;

VII - the mangroves, throughout their extent;

VIII - the edges of tablelands or plateaus, up to the line of break of relief, in a strip never less than 100 (one hundred) meters in horizontal projections;

IX - on the tops of hills, mounts, mountains and ranges, with minimum height of 100 (one hundred) meters and average inclination greater than 25°, the areas delimited from the contour line corresponding to 2/3 (two thirds) of the minimum height of the elevation always in relation to the base, this being defined by the horizontal plane determined by adjacent plain or water surface or, in undulating relief, by the elevation of the saddle point closest to the elevation;

X - areas at altitudes greater than 1,800 (one thousand eight hundred) meters, regardless of vegetation;

XI - in veredas, the marginal buffer, in horizontal projection, with minimum width of 50 (fifty) meters, from the permanently swampy and waterlogged space.

§ 1º A Permanent Preservation Area shall not be required around artificial water reservoirs that do not arise from damming or impounding of natural watercourses.

§ 2º (Repealed).

§ 3º (VETOED).

§ 4º In natural or artificial water accumulations with surface area less than 1 (one) hectare, the reservation of the protective buffer provided for in items II and III of the caput is waived, with new removal of native vegetation areas prohibited, except with authorization from the competent environmental body of the National Environment System, Sisnama.

§ 5º For the small property or family rural possession referred to in item V of Art. 3º of this Law, the planting of temporary and seasonal short-cycle floodplain crops is permitted on the strip of land that is exposed during the dry season of rivers or lakes, provided it does not imply removal of new areas of native vegetation, the quality of water and soil is preserved and wild fauna is protected.

§ 6º On rural properties with up to 15 (fifteen) fiscal modules, the practice of aquaculture and the physical infrastructure directly associated with it is permitted in the areas referred to in items I and II of the caput of this article, provided that:

I - sustainable soil and water management practices are adopted, ensuring their quality and quantity, in accordance with State Environment Council norms;

II - it complies with the respective basin plans or water resource management plans;

III - licensing is carried out by the competent environmental body;

IV - the property is registered in the Rural Environmental Registry (CAR).

V - does not imply new removal of native vegetation.

§ 7º (VETOED).

§ 8º (VETOED).

§ 9º (VETOED).

§ 10. In consolidated urban areas, after consultation with state, municipal or district environmental councils, municipal or district law may define marginal buffers other than those established in item I of the caput of this article, with rules that establish:

I - the prohibition of occupation of areas at risk of disasters;

II - compliance with the guidelines of the water resources plan, river basin plan, drainage plan or basic sanitation plan, where applicable; and

III - the requirement that activities or developments to be installed in urban permanent preservation areas observe the cases of public utility, social interest or low environmental impact established in this Law.

Art. 5º

In the implementation of an artificial water reservoir intended for energy generation or public supply, the acquisition, expropriation or establishment of administrative easement by the developer of the Permanent Preservation Areas created around it is mandatory, as established in the environmental licensing, observing a minimum buffer of 30 (thirty) meters and maximum of 100 (one hundred) meters in rural areas, and a minimum buffer of 15 (fifteen) meters and maximum of 30 (thirty) meters in urban areas.

§ 1º In the implementation of artificial water reservoirs referred to in the caput, the developer, within the environmental licensing, shall prepare an Environmental Plan for the Conservation and Use of the Reservoir Surroundings, in accordance with the terms of reference issued by the competent body of Sisnama, and the use may not exceed 10% (ten percent) of the total of the Permanent Preservation Area.

§ 2º The Environmental Plan for the Conservation and Use of the Surroundings of the Artificial Reservoir, for developments tendered after the entry into force of this Law, must be submitted to the environmental body together with the Basic Environmental Plan and approved before the beginning of the operation of the development, with its absence not constituting an impediment to the issuance of the installation license.

§ 3º (VETOED).

Art. 6º

Areas covered with forests or other forms of vegetation intended for one or more of the following purposes are also considered to be of permanent preservation, when declared of social interest by act of the head of the Executive Branch:

I - to contain soil erosion and mitigate risks of floods and landslides of earth and rock;

II - to protect restingas or veredas;

III - to protect floodplains;

IV - to shelter specimens of fauna or flora threatened with extinction;

V - to protect sites of exceptional beauty or of scientific, cultural or historical value;

VI - to form protective buffers along highways and railways;

VII - to ensure conditions of public well-being;

VIII - to assist in the defense of the national territory, at the discretion of military authorities.

IX - to protect wetlands, especially those of international importance.

Art. 7º

The vegetation located in a Permanent Preservation Area must be maintained by the owner of the area, possessor or occupant under any title, individual or legal entity, public or private.

§ 1º When removal of vegetation located in a Permanent Preservation Area has occurred, the owner of the area, possessor or occupant under any title is required to promote the recomposition of the vegetation, except for authorized uses provided for in this Law.

§ 2º The obligation provided for in § 1º has a real nature and is transferred to the successor in the case of transfer of domain or possession of the rural property.

§ 3º In the case of unauthorized removal of vegetation carried out after July 22, 2008, the granting of new authorizations for the removal of vegetation is prohibited until the obligations provided for in § 1º are fulfilled.

Art. 8º

Intervention in or removal of native vegetation in a Permanent Preservation Area shall only occur in the cases of public utility, social interest or low environmental impact provided for in this Law.

§ 1º The removal of native vegetation protecting springs, dunes and restingas may only be authorized in the case of public utility.

§ 2º Intervention in or removal of native vegetation in a Permanent Preservation Area referred to in items VI and VII of the caput of Art. 4º may be authorized, exceptionally, in places where the ecological function of the mangrove is compromised, for the execution of housing and urbanization works, inserted in social interest land regularization projects, in consolidated urban areas occupied by low-income population.

§ 3º Authorization from the competent environmental body is waived for the execution, in an urgent manner, of national security activities and works of civil defense interest intended for the prevention and mitigation of accidents in urban areas.

§ 4º There shall be no right, in any hypothesis, to the regularization of future interventions or removals of native vegetation beyond those provided for in this Law.

Art. 9º

Access of people and animals to Permanent Preservation Areas is permitted for obtaining water and for carrying out low environmental impact activities.

Art. 10.

In pantanals and pantaneira plains, ecologically sustainable exploitation is permitted, with the technical recommendations of the official research bodies to be considered, and new removals of native vegetation for alternative land use shall be conditioned on authorization from the state environmental body, based on the recommendations mentioned in this article.

Art. 11.

In areas with inclination between 25° and 45°, sustainable forest management and the exercise of agroforestry-pastoral activities shall be permitted, as well as the maintenance of the physical infrastructure associated with the development of the activities, observing good agronomic practices, with conversion of new areas prohibited, except in cases of public utility and social interest.

Art. 11-A.

The Coastal Zone is national heritage, pursuant to

§ 4º of Art. 225 of the Federal Constitution, its occupation and exploitation must take place in an ecologically sustainable manner.

§ 1º Apicuns and salgados may be used in shrimp farming and saltworks activities, provided the following requirements are observed:

I - total area occupied in each State not exceeding 10% (ten percent) of this modality of phytophysiognomy in the Amazon biome and 35% (thirty-five percent) in the rest of the country, excluding consolidated occupations that meet the provisions of § 6º of this article;

II - safeguarding the absolute integrity of shrub mangroves and the essential ecological processes associated with them, as well as their biological productivity and condition as a nursery for fishery resources;

III - licensing of the activity and facilities by the state environmental body, informing IBAMA (Brazilian Institute of Environment and Renewable Natural Resources) and, in the case of use of marine lands or other Union assets, prior regularization of titling before the Union;

IV - adequate collection, treatment and disposal of effluents and waste;

V - guarantee of maintenance of water and soil quality, respecting the Permanent Preservation Areas; and

VI - respect for the traditional survival activities of local communities.

§ 2º The environmental license, in the case of this article, shall be 5 (five) years, renewable only if the developer fulfills the requirements of environmental legislation and the licensing itself, with annual demonstration, including by photographic media.

§ 3º New developments are subject to submission of an Environmental Impact Study (EPIA) and Environmental Impact Report (RIMA):

I - with area greater than 50 (fifty) hectares, with fragmentation of the project to hide or camouflage its size prohibited;

II - with area up to 50 (fifty) hectares, if potentially causing significant environmental degradation; or

III - located in a region with densification of shrimp farming or saltworks developments whose impact affects common areas.

§ 4º The competent licensing body, by reasoned decision, may, without prejudice to applicable administrative, civil and criminal sanctions, as well as the duty to recover the environmental damage caused, alter the conditions and control and adaptation measures when:

I - non-compliance or inadequate compliance with the conditions or control measures provided for in the licensing, or disobedience to applicable rules;

II - provision of false, dubious or misleading information, including by omission, at any stage of licensing or period of validity of the license; or

III - emergence of information about risks to the environment or public health.

§ 5º The expansion of occupation of apicuns and salgados shall respect the Coastal Zone Ecological-Economic Zoning (ZEEZOC), with individualization of areas still susceptible to use, at a minimum scale of 1:10,000, to be completed by each State within a maximum period of 1 (one) year from the date of publication of this Law.

§ 6º The regularization of shrimp farming and saltworks activities and developments whose occupation and implementation occurred before July 22, 2008 is ensured, provided the developer, individual or legal entity, proves its location in apicum or salgado and undertakes, by commitment term, to protect the integrity of the adjacent shrub mangroves.

§ 7º The maintenance, licensing or regularization, in any hypothesis or form, of irregular occupation or exploitation in apicum or salgado is prohibited, except for the exceptions provided for in this article.

Art. 12.

Every rural property must maintain an area with native vegetation cover as Reserva Legal (Legal Reserve), without prejudice to the application of rules on Permanent Preservation Areas, observing the following minimum percentages in relation to the area of the property, except for the cases provided for in Art. 68 of this Law:

I - located in the Legal Amazon:

a) 80% (eighty percent), on property located in forest areas;

b) 35% (thirty-five percent), on property located in cerrado areas;

c) 20% (twenty percent), on property located in general fields;

II - located in the other regions of the country: 20% (twenty percent).

§ 1º In case of fractioning of the rural property, under any title, including for settlements by the Agrarian Reform Program, the area of the property before the fractioning shall be considered for the purposes of the caput.

§ 2º The Reserva Legal percentage in property located in areas of forest formations, cerrado or general fields in the Legal Amazon shall be defined considering separately the indices contained in points a, b and c of item I of the caput.

§ 3º After the implementation of CAR, the removal of new forest areas or other forms of native vegetation shall only be authorized by the state environmental body part of Sisnama if the property is registered in said registry, except as provided in Art. 30.

§ 4º In the cases of point a of item I, the public authority may reduce the Reserva Legal to up to 50% (fifty percent), for recomposition purposes, when the Municipality has more than 50% (fifty percent) of its area occupied by public-domain nature conservation units and by ratified indigenous lands.

§ 5º In the cases of point a of item I, the state public authority, after consultation with the State Environment Council, may reduce the Reserva Legal to up to 50% (fifty percent), when the State has an approved Ecological-Economic Zoning and more than 65% (sixty-five percent) of its territory occupied by public-domain nature conservation units, duly regularized, and by ratified indigenous lands.

§ 6º Public water supply and sewage treatment developments are not subject to the constitution of Reserva Legal.

§ 7º Reserva Legal shall not be required relating to areas acquired or expropriated by a holder of concession, permission or authorization for the exploitation of hydraulic energy potential, in which electric energy generation developments, substations or electric energy transmission and distribution lines are installed.

§ 8º Reserva Legal shall not be required relating to areas acquired or expropriated for the purpose of implementing and expanding the capacity of highways and railways.

Art. 13.

When indicated by the state Ecological-Economic Zoning (ZEE), carried out according to unified methodology, the federal public authority may:

I - reduce, exclusively for regularization purposes, through recomposition, regeneration or compensation, the Reserva Legal of properties with consolidated rural area, located in a forest area in the Legal Amazon, to up to 50% (fifty percent) of the property, excluding areas of priority for biodiversity and water resources conservation and ecological corridors;

II - expand the Reserva Legal areas by up to 50% (fifty percent) of the percentages provided for in this Law, to meet national targets for biodiversity protection or for reducing greenhouse gas emissions.

§ 1º In the case provided for in item I of the caput, the owner or possessor of rural property that maintains conserved Reserva Legal recorded in an area greater than the percentages required in said item may establish environmental easement on the excess area, pursuant to Law 6,938, of August 31, 1981, and Environmental Reserve Quota.

§ 2º The States that do not have their Ecological-Economic Zonings (ZEEs) according to the unified methodology, established in federal norm, shall have a period of 5 (five) years, from the date of publication of this Law, to prepare and approve them.

Art. 14.

The location of the Reserva Legal area in the rural property shall take into account the following studies and criteria:

I - the river basin plan;

II - the Ecological-Economic Zoning

III - the formation of ecological corridors with another Reserva Legal, with Permanent Preservation Area, with Conservation Unit or with another legally protected area;

IV - the areas of greatest importance for biodiversity conservation; and

V - the areas of greatest environmental fragility.

§ 1º The state body part of Sisnama or institution authorized by it must approve the location of the Reserva Legal after the inclusion of the property in CAR, in accordance with Art. 29 of this Law.

§ 2º Once the documentation required for the analysis of the location of the Reserva Legal area is filed, no administrative sanction, including restriction of rights, may be imposed on the rural owner or possessor by any competent environmental body part of Sisnama, due to the non-formalization of the Reserva Legal area.

Art. 15.

The inclusion of Permanent Preservation Areas in the calculation of the Reserva Legal percentage of the property shall be admitted, provided that:

I - the benefit provided for in this article does not imply the conversion of new areas for alternative land use;

II - the area to be counted is conserved or in the process of recovery, as demonstrated by the owner to the state body part of Sisnama; and

III - the owner or possessor has requested inclusion of the property in the Rural Environmental Registry (CAR), under the terms of this Law.

§ 1º The protection regime of the Permanent Preservation Area is not altered in the case provided for in this article.

§ 2º The owner or possessor of property with conserved Reserva Legal registered in CAR referred to in Art. 29, whose area exceeds the minimum required by this Law, may use the excess area for the constitution of environmental easement, Environmental Reserve Quota and other similar instruments provided for in this Law.

§ 3º The inclusion referred to in the caput applies to all modalities of Reserva Legal compliance, covering regeneration, recomposition and compensation.

§ 4º The application of item I of the caput of this article is waived when the Permanent Preservation Areas conserved or in the process of recovery, added to the other forests and other forms of native vegetation existing in the property, exceed:

I - 80% (eighty percent) of the rural property located in forest areas in the Legal Amazon; and

II - (VETOED).

Art. 16.

Reserva Legal may be established in condominium or collective regime among rural properties, respecting the percentage provided for in Art. 12 in relation to each property.

Sole paragraph. In the subdivision of rural properties, the Reserva Legal area may be grouped in condominium regime among the acquirers.

Art. 17.

The Reserva Legal must be conserved with native vegetation cover by the owner of the rural property, possessor or occupant under any title, individual or legal entity, public or private.

§ 1º Economic exploitation of the Reserva Legal is permitted through sustainable management, previously approved by the competent body of Sisnama, in accordance with the modalities provided for in Art. 20.

§ 2º For purposes of Reserva Legal management in the small property or family rural possession, the bodies that are part of Sisnama shall establish simplified procedures for the preparation, analysis and approval of such management plans.

§ 3º Immediate suspension of activities in Reserva Legal areas irregularly deforested after July 22, 2008 is mandatory.

§ 4º Without prejudice to applicable administrative, civil and criminal sanctions, the Reserva Legal recomposition process must be initiated in the areas referred to in § 3º of this article within 2 (two) years from the date of publication of this Law, and must be concluded within the deadlines established by the Environmental Regularization Program (PRA) referred to in Art. 59.

Art. 18.

The Reserva Legal area must be registered with the competent environmental body through registration in CAR referred to in Art. 29, with alteration of its destination prohibited, in cases of transmission, under any title, or of subdivision, with the exceptions provided for in this Law.

§ 1º The registration of the Reserva Legal in CAR shall be made through the presentation of a plan and descriptive memorandum, containing the indication of the geographic coordinates with at least one anchor point, in accordance with the act of the head of the Executive Branch.

§ 2º In possession, the Reserva Legal area is ensured by commitment term signed by the possessor with the competent body of Sisnama, with the force of an extrajudicial executive title, which states, at a minimum, the location of the Reserva Legal area and the obligations assumed by the possessor by virtue of the provisions of this Law.

§ 3º The transfer of possession implies the subrogation of the obligations assumed in the commitment term referred to in § 2º.

§ 4º The registration of the Reserva Legal in CAR releases the registration in the Real Estate Registry Office, and in the period between the date of publication of this Law and the registration in CAR, the rural owner or possessor who wishes to make the registration shall have the right to gratuity of this act.

Art. 19.

The insertion of the rural property in an urban perimeter defined by municipal law does not release the owner or possessor from the maintenance of the Reserva Legal area, which shall only be extinguished concomitantly with the registration of the land subdivision for urban purposes approved according to specific legislation and in accordance with the guidelines of the master plan referred to in

§ 1º of Art. 182 of the Federal Constitution.

Art. 20.

In the sustainable management of the forest vegetation of the Reserva Legal, selective exploitation practices shall be adopted in the modalities of sustainable management without commercial purpose for on-property consumption and sustainable management for forest exploitation with commercial purpose.

Art. 21.

The collection of non-timber forest products, such as fruits, vines, leaves and seeds, is free, and the following must be observed:

I - the collection periods and volumes set in specific regulations, where they exist;

II - the maturation season of fruits and seeds;

III - techniques that do not endanger the survival of individuals and of the collected species in the case of collection of flowers, leaves, bark, oils, resins, vines, bulbs, bamboos and roots.

Art. 22.

Sustainable forest management of the Reserva Legal vegetation for commercial purposes depends on authorization from the competent body and must comply with the following guidelines and orientations:

I - not decharacterize the vegetation cover and not harm the conservation of the native vegetation of the area;

II - ensure the maintenance of species diversity;

III - conduct the management of exotic species with the adoption of measures that favor the regeneration of native species.

Art. 23.

Sustainable management for occasional forest exploitation without commercial purpose, for consumption on the property itself, does not depend on authorization from competent bodies, only requiring prior declaration to the environmental body of the motivation for the exploitation and the volume exploited, with the annual exploitation limited to 20 (twenty) cubic meters.

Art. 24.

In forest management in areas outside the Reserva Legal, the provisions of Arts. 21, 22 and 23 equally apply.

Art. 25.

The municipal public authority shall have, for the establishment of urban green areas, the following instruments:

I - the exercise of the right of preemption for the acquisition of relevant forest remnants, in accordance with Law 10,257, of July 10, 2001;

II - the transformation of Reservas Legais into green areas in urban expansions

III - the establishment of requirements for green areas in subdivisions, commercial developments and the implementation of infrastructure; and

IV - application in green areas of resources from environmental compensation.

Art. 26.

The removal of native vegetation for alternative land use, both in public and private domain, shall depend on the registration of the property in CAR, referred to in Art. 29, and on prior authorization from the competent state body of Sisnama.

§ 1º (VETOED).

§ 2º (VETOED).

§ 3º In the case of forest replenishment, projects that include the use of native species from the same biome where the removal occurred shall be prioritized.

§ 4º The request for removal authorization referred to in the caput shall contain, at a minimum, the following information:

I - the location of the property, of the Permanent Preservation Areas, of the Reserva Legal and of restricted use areas, by geographic coordinate, with at least one anchor point of the property perimeter;

II - forest replenishment or compensation, pursuant to § 4º of Art. 33;

III - the effective and sustainable use of already converted areas;

IV - the alternative use of the area to be deforested.

Art. 27.

In areas susceptible to alternative land use, the removal of vegetation that shelters a flora or fauna species threatened with extinction, according to an official list published by the federal, state or municipal bodies of Sisnama, or migratory species, shall depend on the adoption of compensatory and mitigating measures that ensure the conservation of the species.

Art. 28.

The conversion of native vegetation for alternative land use is not permitted on rural property that has abandoned area.

Art. 29.

The Rural Environmental Registry (CAR) is created, within the framework of the National Environmental Information System (SINIMA), a public electronic registry of national scope, mandatory for all rural properties, with the purpose of integrating the environmental information of rural properties and possessions, forming a database for control, monitoring, environmental and economic planning and combating deforestation.

§ 1º The registration of the rural property in CAR shall preferably be made with the municipal or state environmental body, which, in accordance with regulation, shall require the rural owner or possessor:

I - identification of the rural owner or possessor;

II - proof of ownership or possession;

III - identification of the property by means of a plan and descriptive memorandum, containing the indication of the geographic coordinates with at least one anchor point of the property perimeter, informing the location of the native vegetation remnants, the Permanent Preservation Areas, the Restricted Use Areas, the consolidated areas and, if existing, also the location of the Reserva Legal.

§ 2º The registration shall not be considered a title for purposes of recognition of the right of ownership or possession, nor does it eliminate the need to comply with Art. 2º of Law 10,267, of August 28, 2001.

§ 3º Registration in CAR is mandatory and for an indeterminate period for all rural properties and possessions.

§ 4º Owners and possessors of rural properties with area above 4 (four) fiscal modules that register them in CAR by December 31, 2023, as well as owners and possessors of rural properties with area up to 4 (four) fiscal modules or that comply with Art. 3º of Law 11,326, of July 24, 2006, that register them in CAR by December 31, 2025, shall have the right to adhere to the PRA referred to in Art. 59 of this Law.

§ 5º The rural producer is authorized to submit the CAR referred to in the caput of this article for the purpose of calculating the taxable area provided for in item II of § 1º of Art. 10 of Law 9,393, of December 19, 1996, which provides for the Rural Property Tax (ITR).

Art. 30.

In cases where the Reserva Legal has already been registered in the property title record of the property and where this registration identifies the perimeter and location of the reserve, the owner shall not be required to provide the environmental body with the information relating to the Reserva Legal provided for in item III of § 1º of Art. 29.

Sole paragraph. In order for the owner to be released under the terms of the caput, the property title record certificate showing the Reserva Legal registration or commitment term already signed in cases of possession must be presented to the competent environmental body.

Art. 31.

The exploitation of native forests and successor formations, of public or private domain, except for the cases provided for in Arts. 21, 23 and 24, shall depend on licensing by the competent body of Sisnama, through prior approval of a Sustainable Forest Management Plan (PMFS) that includes techniques of conduction, exploitation, forest replenishment and management compatible with the various ecosystems that the tree cover forms.

§ 1º The PMFS shall observe the following technical and scientific foundations:

I - characterization of the physical and biological environments;

II - determination of the existing stock;

III - intensity of exploitation compatible with the environmental support capacity of the forest;

IV - cutting cycle compatible with the time of reestablishment of the volume of product extracted from the forest;

V - promotion of natural regeneration of the forest;

VI - adoption of an adequate silvicultural system;

VII - adoption of an adequate exploitation system;

VIII - monitoring of the development of the remaining forest;

IX - adoption of measures to mitigate environmental and social impacts.

§ 2º The approval of the PMFS by the competent body of Sisnama grants its holder the environmental license for the practice of sustainable forest management, and other stages of environmental licensing shall not apply.

§ 3º The PMFS holder shall send an annual report to the competent environmental body with information on the entire sustainable forest management area and the description of the activities carried out.

§ 4º The PMFS shall be subject to technical inspections to oversee the operations and activities developed in the management area.

§ 5º Respecting the provisions of this article, differentiated provisions on PMFS on a business, small-scale and community scale shall be established by act of the head of the Executive Branch.

§ 6º For purposes of forest management in the small property or family rural possession, the Sisnama bodies shall establish simplified procedures for the preparation, analysis and approval of said PMFS.

§ 7º The federal environmental body is responsible for approving PMFS occurring on public forests of Union domain.

Art. 32.

The following are exempt from PMFS:

I - the removal of forests and successor formations for alternative land use;

II - the management and exploitation of planted forests located outside the Permanent Preservation Areas and Reserva Legal;

III - non-commercial forest exploitation carried out on the rural properties referred to in item V of Art. 3º or by traditional populations.

Art. 33.

Individuals or legal entities that use forest raw material in their activities must supply themselves with resources from:

I - planted forests;

II - PMFS of native forest approved by the competent body of Sisnama;

III - removal of native vegetation authorized by the competent body of Sisnama;

IV - other forms of forest biomass defined by the competent body of Sisnama.

§ 1º Individuals or legal entities that use forest raw material from the removal of native vegetation or that hold authorization for the removal of native vegetation are required to carry out forest replenishment.

§ 2º Anyone who uses the following is exempt from the obligation of forest replenishment:

I - slabs, shavings, chips or other residues from industrial activity

II - forest raw material:

a) from PMFS;

b) from planted forest;

c) non-timber.

§ 3º The exemption from the obligation of forest replenishment does not release the interested party from proving the origin of the forest resource used before the competent authority.

§ 4º The forest replenishment shall be carried out in the State of origin of the raw material used, through the planting of preferably native species, in accordance with the determinations of the competent body of Sisnama.

Art. 34.

Industrial companies that use large quantities of forest raw material are required to prepare and implement a Sustainable Supply Plan (PSS), to be submitted to the approval of the competent body of Sisnama.

§ 1º The PSS shall ensure production equivalent to the consumption of forest raw material by the industrial activity.

§ 2º The PSS shall include, at a minimum:

I - forest raw material supply schedule

II - indication of the georeferenced areas of origin of the forest raw material;

III - copy of the contract between the private parties involved, when the PSS includes supply of forest raw material from lands belonging to third parties.

§ 3º Supply through raw material on the market is admitted:

I - in the initial phase of installation of the industrial activity, under the conditions and during the period, not exceeding 10 (ten) years, provided for in the PSS, except for the supply contracts mentioned in item III of § 2º;

II - in the case of acquisition of products from the planting of exotic forests, licensed by the competent body of Sisnama, the supply shall be proven subsequently through an annual report containing the location of the forest and the quantities produced.

§ 4º The PSS of steel, metallurgical or other companies that consume large quantities of charcoal or firewood shall establish the exclusive use of raw material from planted forests or PMFS and shall be an integral part of the environmental licensing process of the development.

§ 5º The parameters of forest raw material use for purposes of classification of industrial companies under the caput shall be established by act of the head of the Executive Branch.

Art. 35.

The control of the origin of timber, charcoal and other forest products or by-products shall include a national system that integrates the data of the different federative entities, coordinated, overseen and regulated by the competent federal body of Sisnama.

§ 1º The planting or reforestation with native or exotic forest species does not depend on prior authorization, provided the limitations and conditions provided for in this Law are observed, with the competent body to be informed, within a period of up to 1 (one) year, for origin control purposes.

§ 2º The extraction of firewood and other products from planted forests in areas not considered Permanent Preservation Areas and Reserva Legal is free.

§ 3º The cutting or exploitation of native species planted in areas of alternative land use shall be permitted regardless of prior authorization, with the planting or reforestation to be previously registered with the competent environmental body and the exploitation previously declared therein for origin control purposes.

§ 4º The data of the system referred to in the caput shall be made available for public access through the global computer network, and it is up to the federal body coordinating the system to provide the software to be used and define the deadline for data integration and the information to be entered into the national system.

§ 5º The federal body coordinating the national system may block the issuance of the Forest Origin Document (DOF) of federative entities not integrated into the system and oversee the respective data and reports.

Art. 36.

The transport, by any means, and storage of timber, firewood, charcoal and other forest products or by-products from forests of native species, for commercial or industrial purposes, require a license from the competent body of Sisnama, in accordance with the provisions of Art. 35.

§ 1º The license provided for in the caput shall be formalized through the issuance of the DOF, which must accompany the material until the final processing.

§ 2º For the issuance of the DOF, the responsible individual or legal entity must be registered in the Federal Technical Registry of Potentially Polluting Activities or Users of Environmental Resources, provided for in Art. 17 of Law 6,938, of August 31, 1981.

§ 3º Anyone who receives or acquires, for commercial or industrial purposes, timber, firewood, charcoal and other products or by-products of native species forests is required to demand presentation of the DOF and to have the copy that must accompany the material until the final processing.

§ 4º The DOF shall include the specification of the material, its volume and data on its origin and destination.

§ 5º The federal environmental body of Sisnama shall regulate the cases of license exemption provided for in the caput.

Art. 37.

The trade in live plants and other products from native flora shall depend on a license from the competent state body of Sisnama and on registration in the Federal Technical Registry of Potentially Polluting Activities or Users of Environmental Resources, provided for in Art. 17 of Law 6,938, of August 31, 1981, without prejudice to other applicable requirements.

Sole paragraph. The export of live plants and other flora products shall depend on a license from the competent federal body of Sisnama, observing the conditions established in the caput.

Art. 38.

The use of fire on vegetation is prohibited, except in the following situations:

I - in places or regions whose peculiarities justify the use of fire in agro-pastoral or forestry practices, by prior approval of the competent state environmental body of Sisnama, for each rural property or in a regionalized manner, which shall establish the monitoring and control criteria;

II - use of controlled burning in Conservation Units, in accordance with the respective management plan and with prior approval of the management body of the Conservation Unit, aiming at the conservationist management of native vegetation, whose ecological characteristics are evolutionarily associated with the occurrence of fire;

III - scientific research activities linked to a research project duly approved by the competent bodies and carried out by a recognized research institution, with prior approval of the competent environmental body of Sisnama.

§ 1º In the situation provided for in item I, the competent state environmental body of Sisnama shall require that the studies demanded for the licensing of rural activity contain specific planning on the use of fire and wildfire control.

§ 2º Wildfire prevention and combat practices and subsistence agriculture practices exercised by traditional and indigenous populations are excepted from the prohibition contained in the caput.

§ 3º In the determination of liability for the irregular use of fire on public or private lands, the competent authority for inspection and assessment shall prove the causal link between the action of the owner or any agent and the damage actually caused.

§ 4º The establishment of a causal link is necessary in verifying liabilities for infraction due to the irregular use of fire on public or private lands.

Art. 39.

The Sisnama environmental bodies, as well as any public or private body responsible for the management of areas with native vegetation or forest plantings, shall prepare, update and implement integrated fire management plans.

§ 1º The contingency plans for fighting forest fires of the Sisnama bodies shall contain guidelines for the use of agricultural aviation in fighting fires in all types of vegetation.

§ 2º The aircraft used to fight fires shall comply with the technical norms defined by the competent authorities of the public authority and be piloted by professionals duly qualified for the performance of this activity, in the form of regulation.

Art. 40.

The Federal Government shall establish a National Policy on Management and Control of Burnings, Prevention and Combat of Forest Fires, which promotes institutional articulation with a view to the substitution of fire use in the rural environment, in the control of burnings, in the prevention and combat of forest fires and in the management of fire in protected natural areas.

§ 1º The Policy mentioned in this article shall provide instruments for analyzing the impacts of burnings on climate change and changes in land use, ecosystem conservation, public health and fauna, to support strategic plans for the prevention of forest fires.

§ 2º The Policy mentioned in this article shall observe climate change scenarios and potential increases in the risk of forest fires.

§ 3º The Policy referred to in the caput of this article shall include a program for the use of agricultural aviation in fighting fires in all types of vegetation.

Art. 41.

The federal Executive Branch is authorized to institute, without prejudice to compliance with environmental legislation, a program of support and incentive for environmental conservation, as well as for the adoption of technologies and good practices that reconcile agricultural and forestry productivity with reduced environmental impacts, as a way of promoting ecologically sustainable development, always observing the criteria of progressivity, covering the following categories and lines of action:

I - payment or incentive for environmental services as a return, monetary or otherwise, to activities of conservation and improvement of ecosystems that generate environmental services, such as, isolated or cumulatively:

a) sequestration, conservation, maintenance and increase of stock and reduction of carbon flow;

b) conservation of natural scenic beauty;

c) conservation of biodiversity;

d) conservation of water and water services;

e) climate regulation;

f) cultural valuation and traditional ecosystem knowledge;

g) soil conservation and improvement;

h) maintenance of Permanent Preservation Areas, Reserva Legal and restricted use;

II - compensation for the environmental conservation measures necessary to fulfill the objectives of this Law, using the following instruments, among others:

a) obtaining agricultural credit, in all its modalities, with lower interest rates, as well as limits and longer terms than those practiced in the market;

b) contracting agricultural insurance under better conditions than those practiced in the market;

c) deduction of Permanent Preservation Areas, Reserva Legal and restricted use from the calculation basis of the Rural Property Tax (ITR), generating tax credits;

d) allocation of part of the resources collected from charging for water use, in the form of Law 9,433, of January 8, 1997, for the maintenance, recovery or recomposition of Permanent Preservation Areas, Reserva Legal and restricted use in the revenue-generating basin;

e) financing lines to meet initiatives for voluntary preservation of native vegetation, protection of native flora species threatened with extinction, sustainable forest and agroforestry management carried out on rural property or possession, or recovery of degraded areas;

f) tax exemption for the main inputs and equipment, such as: wire, treated wooden posts, water pumps, soil drilling augers, among others used for the recovery and maintenance processes of Permanent Preservation Areas, Reserva Legal and restricted use;

III - incentives for commercialization, innovation and acceleration of the actions of recovery, conservation and sustainable use of forests and other forms of native vegetation, such as:

a) preferential participation in agricultural production marketing support programs;

b) allocation of resources for scientific and technological research and rural extension related to the improvement of environmental quality.

§ 1º To finance the activities necessary for the environmental regularization of rural properties, the program may provide:

I - allocation of resources for scientific and technological research and rural extension related to the improvement of environmental quality;

II - deduction from the income tax calculation base of the owner or possessor of rural property, individual or legal entity, of part of the expenses incurred with the recomposition of Permanent Preservation Areas, Reserva Legal and restricted use whose deforestation is prior to July 22, 2008;

III - use of public funds for the granting of reimbursable and non-reimbursable credits intended for the compensation, recovery or recomposition of Permanent Preservation Areas, Reserva Legal and restricted use whose deforestation is prior to July 22, 2008.

§ 2º The program provided for in the caput may also establish tax differentiation for companies that industrialize or commercialize products originating from rural properties or possessions that comply with the standards and limits established in Arts. 4º, 6º, 11 and 12 of this Law, or that are in the process of complying with them.

§ 3º Owners or possessors of rural properties registered in CAR, in default in relation to compliance with the commitment term or PRA or who are subject to sanctions for infractions to this Law, except those suspended by virtue of Chapter XIII, are not eligible for the incentives provided for in points a to e of item II of the caput of this article until said sanctions are extinguished.

§ 4º The maintenance activities of Permanent Preservation Areas, Reserva Legal and restricted use are eligible for any payments or incentives for environmental services, constituting additionality for the purposes of national and international markets of certified greenhouse gas emission reductions.

§ 5º The program related to environmental services provided for in item I of the caput of this article shall integrate the systems at the national and state levels, aiming at the creation of an environmental services market.

§ 6º Owners located in the buffer zones of Integral Protection Conservation Units are eligible to receive technical-financial support from the compensation provided for in Art. 36 of Law 9,985, of July 18, 2000, for the purpose of recovery and maintenance of priority areas for the management of the unit.

§ 7º The payment or incentive for environmental services referred to in item I of this article shall be prioritarily allocated to family farmers as defined in item V of Art. 3º of this Law.

Art. 42.

The Federal Government shall implement a program for the conversion of the fine provided for in Art. 50 of Decree 6,514, of July 22, 2008, intended for rural properties, referring to assessments linked to deforestation in areas where removal was not prohibited, that were carried out without authorization or license, on a date prior to July 22, 2008.

Art. 44.

The Environmental Reserve Quota (CRA) is hereby instituted, a nominative title representative of an area with native vegetation, existing or in the process of recovery:

I - under environmental easement regime, instituted in the form of Art. 9º-A of Law 6,938, of August 31, 1981;

II - corresponding to the Reserva Legal area voluntarily instituted on vegetation that exceeds the percentages required in Art. 12 of this Law;

III - protected in the form of Private Natural Heritage Reserve (RPPN), pursuant to Art. 21 of Law 9,985, of July 18, 2000;

IV - existing in rural property located within a public-domain Conservation Unit that has not yet been expropriated.

§ 1º The issuance of CRA shall be made upon request from the owner, after inclusion of the property in CAR and a substantiating report issued by the environmental body itself or by an accredited entity, with control of the competent federal body of Sisnama ensured, in the form of an act of the head of the Executive Branch.

§ 2º The CRA cannot be issued based on native vegetation located in an RPPN area instituted in overlap with the Reserva Legal of the property.

§ 3º The Forest Reserve Quota (CRF) issued under Art. 44-B of Law 4,771, of September 15, 1965, shall now be considered, by effect of this Law, as Environmental Reserve Quota.

§ 4º CRA may be instituted for the native vegetation that forms part of the Reserva Legal of the properties referred to in item V of Art. 3º of this Law.

Art. 45.

The CRA shall be issued by the competent body of Sisnama in favor of the owner of property included in CAR who maintains an area under the conditions provided for in Art. 44.

§ 1º The owner interested in the issuance of the CRA must submit to the body referred to in the caput a proposal accompanied by:

I - updated property title record certificate of the property issued by the competent real estate registry;

II - identity card of the owner, when it is an individual;

III - act of designation of responsible party, when it is a legal entity;

IV - negative debt certificate of the Rural Property Tax (ITR);

V - descriptive memorandum of the property, with the indication of the area to be linked to the title, containing at least one georeferenced anchor point relating to the perimeter of the property and one georeferenced anchor point relating to the Reserva Legal.

§ 2º Once the proposal is approved, the body referred to in the caput shall issue the corresponding CRA, identifying:

I - the CRA number in the single control system;

II - the name of the rural owner of the area linked to the title;

III - the size and exact location of the area linked to the title, with descriptive memorandum containing at least one georeferenced anchor point;

IV - the biome corresponding to the area linked to the title;

V - the classification of the area in one of the conditions provided for in Art. 46.

§ 3º The link of the area to the CRA shall be recorded in the property title record of the respective property at the competent real estate registry.

§ 4º The federal body referred to in the caput may delegate to the competent state body powers for the issuance, cancellation and transfer of the CRA, with the implementation of a single control system ensured.

Art. 46.

Each CRA shall correspond to 1 (one) hectare:

I - of area with primary native vegetation or secondary vegetation in any stage of regeneration or recomposition;

II - of recomposition areas through reforestation with native species.

§ 1º The successional stage or the time of recomposition or regeneration of native vegetation shall be evaluated by the competent state environmental body based on declaration by the owner and field inspection.

§ 2º The CRA cannot be issued by the competent environmental body when the regeneration or recomposition of the area is unlikely or unfeasible.

Art. 47.

The registration of the CRA by the issuing body is mandatory, within a period of 30 (thirty) days, counted from the date of its issuance, in commodity exchanges of national scope or in asset registration and financial settlement systems authorized by the Central Bank of Brazil.

Art. 48.

The CRA may be transferred, for consideration or free of charge, to an individual or to a public or private legal entity, through a term signed by the holder of the CRA and the acquirer.

§ 1º The transfer of the CRA only takes effect once the term provided for in the caput is registered in the single control system.

§ 2º The CRA can only be used to compensate Reserva Legal of rural property located in the same biome as the area to which the title is linked.

§ 3º The CRA can only be used for the purpose of compensating Reserva Legal if the requirements established in § 6º of Art. 66 are respected.

§ 4º The use of CRA for the compensation of Reserva Legal shall be recorded in the property title record of the property where the area linked to the title is located and in that of the property benefiting from the compensation.

Art. 49.

It is the responsibility of the owner of the rural property where the area linked to the CRA is located to fully maintain the conditions of conservation of the native vegetation of the area that gave rise to the title.

§ 1º The area linked to the issuance of the CRA based on items I, II and III of Art. 44 of this Law may be used in accordance with the PMFS.

§ 2º The inter vivos or causa mortis transmission of the property does not eliminate or alter the link of the area contained in the property to the CRA.

Art. 50.

The CRA may only be canceled in the following cases:

I - at the request of the rural owner, in the case of giving up maintaining areas under the conditions provided for in items I and II of Art. 44;

II - automatically, due to the end of the term of the environmental easement;

III - by decision of the competent body of Sisnama, in the case of degradation of the native vegetation of the area linked to the CRA whose costs and environmental recovery time make the continuation of the link between the area and the title unfeasible.

§ 1º The cancellation of the CRA used for Reserva Legal compensation purposes can only be effected if Reserva Legal is ensured for the property to which the compensation was applied.

§ 2º The cancellation of the CRA under item III of the caput is independent of the application of the appropriate administrative and criminal sanctions arising from infraction to environmental legislation, pursuant to Law 9,605, of February 12, 1998.

§ 3º The cancellation of the CRA must be recorded in the property title record of the property where the area linked to the title is located and of the property to which the compensation was applied.

Art. 51.

The competent environmental body, upon becoming aware of deforestation in disagreement with the provisions of this Law, shall embargo the works or activity that caused the alternative land use, as an administrative measure aimed at preventing the continuation of environmental damage, enabling the regeneration of the environment and providing viability for the recovery of the degraded area.

§ 1º The embargo is restricted to the locations where the illegal deforestation effectively occurred, not reaching the subsistence activities or other activities carried out on the property unrelated to the infraction.

§ 2º The responsible environmental body shall publicly make available the information on the embargoed property, including through the global computer network, with data protected by specific legislation safeguarded, characterizing the exact location of the embargoed area and informing in which stage the respective administrative procedure is.

§ 3º At the request of the interested party, the responsible environmental body shall issue a certificate that includes the activity, the works and the part of the area of the property that are objects of the embargo, as the case may be.

Art. 52.

Intervention in and removal of vegetation in Permanent Preservation Areas and in the Reserva Legal for occasional or low environmental impact activities, provided for in item X of Art. 3º, except for points b and g, when carried out on the properties referred to in item V of Art. 3º, shall depend on simple declaration to the competent environmental body, provided the property is duly registered in CAR.

Art. 53.

For the registration in CAR of the Reserva Legal, in the properties referred to in item V of Art. 3º, the owner or possessor shall present the data identifying the proposed Reserva Legal area, with the competent bodies that are part of Sisnama, or institution authorized by it, responsible for collecting the respective geographic coordinates.

Sole paragraph. The registration of the Reserva Legal in the properties referred to in item V of Art. 3º is free, and the public authority must provide technical and legal support.

Art. 54.

For compliance with the maintenance of the Reserva Legal area in the properties referred to in item V of Art. 3º, the planting of fruit, ornamental or industrial trees, composed of exotic species, cultivated in an intercropping system or in association with native species of the region in agroforestry systems, may be counted.

Sole paragraph. The state public authority shall provide technical support for the recomposition of the Reserva Legal vegetation in the properties referred to in item V of Art. 3º.

Art. 55.

The registration in CAR of the properties referred to in item V of Art. 3º shall observe a simplified procedure in which only the submission of the documents mentioned in items I and II of § 1º of Art. 29 and of a sketch indicating the perimeter of the property, the Permanent Preservation Areas and the remnants that form the Reserva Legal shall be mandatory.

Art. 56.

The environmental licensing of commercial PMFS on the properties referred to in item V of Art. 3º shall benefit from a simplified environmental licensing procedure.

§ 1º The sustainable management of the Reserva Legal for occasional forest exploitation, without direct or indirect commercial purpose, for consumption on the property itself referred to in item V of Art. 3º, does not depend on authorization from the competent environmental bodies, with the annual removal of woody material limited to 2 (two) cubic meters per hectare.

§ 2º The management provided for in § 1º may not compromise more than 15% (fifteen percent) of the Reserva Legal biomass nor exceed 15 (fifteen) cubic meters of firewood for domestic and energy use, per rural property or possession, per year.

§ 3º For the purposes of this Law, occasional management without commercial purpose is understood as the supply, for use on the property itself, of firewood or sawn wood intended for improvements and energy use on rural properties and possessions, in a quantity not greater than that stipulated in § 1º of this article.

§ 4º The limits for use provided for in § 1º of this article in the case of collective possession by traditional populations or family farming shall be adopted per family unit.

§ 5º The properties referred to in item V of Art. 3º are exempt from forest replenishment if the forest raw material is used for own consumption.

Art. 57.

On the properties referred to in item V of Art. 3º, sustainable timber forest management of the Reserva Legal with direct or indirect commercial purpose depends on simplified authorization from the competent environmental body, and the interested party must submit, at a minimum, the following information:

I - data of the rural owner or possessor;

II - data of the rural property or possession, including copy of the property title record of the property at the General Registry of the Real Estate Registry Office or proof of possession;

III - sketch of the property area with indication of the area to be subject to selective management, estimate of the volume of forest products and by-products to be obtained with the selective management, indication of their destination and expected execution schedule.

Art. 58.

Ensured the control and inspection by the competent environmental bodies of the respective plans or projects, as well as the obligations of the property holder, the public authority may institute a program of technical support and financial incentives, which may include inducing measures and financing lines to prioritize the properties referred to in item V of the caput of Art. 3º, in the initiatives of:

I - voluntary preservation of native vegetation above the limits established in Art. 12;

II - protection of native flora species threatened with extinction;

III - implementation of agroforestry and agro-silvopastoral systems;

IV - environmental recovery of Permanent Preservation Areas and Reserva Legal;

V - recovery of degraded areas;

VI - promotion of technical assistance for environmental regularization and recovery of degraded areas;

VII - production of seedlings and seeds;

VIII - payment for environmental services.

Art. 59.

The Union, the States and the Federal District shall implement Environmental Regularization Programs (PRAs) for rural possessions and properties, with the objective of adapting them to the terms of this Chapter.

§ 1º In the regulation of PRAs, the Union shall establish general rules, and the States and the Federal District shall be in charge of detailing them through the issuance of specific rules, due to their territorial, climatic, historical, cultural, economic and social peculiarities, as set forth in Art. 24 of the Federal Constitution.

§ 2º Registration of the rural property in CAR is a mandatory condition for adherence to the PRA, which shall be requested by the owner or possessor of the rural property within a period of 1 (one) year, counted from the notification by the competent body, which shall previously carry out the validation of the registration and the identification of environmental liabilities, in accordance with § 4º of Art. 29 of this Law.

§ 3º Based on the request for adherence to the PRA, the competent body part of Sisnama shall summon the owner or possessor to sign the commitment term, which shall constitute an extrajudicial executive title.

§ 4º In the period between the publication of this Law and the expiration of the period of adherence of the interested party to the PRA, and while the commitment term is being fulfilled, the owner or possessor cannot be assessed for infractions committed before July 22, 2008, relating to the irregular removal of vegetation in Permanent Preservation Areas, Reserva Legal and restricted use.

§ 5º From the signing of the commitment term, the sanctions arising from the infractions mentioned in § 4º of this article shall be suspended and, once the obligations established in the PRA or in the commitment term for the environmental regularization of the requirements of this Law are fulfilled, within the deadlines and conditions established therein, the fines referred to in this article shall be considered as converted into services of preservation, improvement and recovery of environmental quality, regularizing the use of consolidated rural areas as defined in the PRA.

§ 6º (VETOED).

§ 7º If the States and the Federal District do not implement the PRA by December 31, 2020, the owner or possessor of rural property may adhere to the PRA implemented by the Union, in accordance with § 2º of this article.

§ 8º From the signing of the commitment term and during its fulfillment in the term of the PRA, the owner or possessor of rural property shall be in the process of environmental regularization and the financing of their activity may not be denied due to non-compliance with this Law or with Arts. 38, 39 and 48 of Law 9,605, of February 12, 1998, with the financial institutions to base their decisions on information from official bodies.

§ 9º The competent environmental bodies shall guarantee access by financial institutions to CAR and PRA data that allow verification of the environmental regularity of the owner or possessor of rural property.

§ 10. The competent environmental bodies shall maintain updated and available on an electronic site a demonstration of the situation of the environmental regularization of rural properties, indicating, at a minimum, the quantity of properties registered in CAR, the registrations in the process of validation, the requests for adherence to the PRA received and the commitment terms signed.

Art. 60.

The signing of the commitment term for the regularization of rural property or possession before the competent environmental body, mentioned in Art. 59, shall suspend the punishability of the crimes provided for in Arts. 38, 39 and 48 of Law 9,605, of February 12, 1998, while the term is being fulfilled.

§ 1º The statute of limitations shall be interrupted during the period of suspension of the punitive claim.

§ 2º Punishability is extinguished with the effective regularization provided for in this Law.

Art. 61-A.

In Permanent Preservation Areas, the continuation of agroforestry-pastoral, ecotourism and rural tourism activities is exclusively authorized in rural areas consolidated by July 22, 2008.

§ 1º For rural properties with area up to 1 (one) fiscal module that have consolidated areas in Permanent Preservation Areas along natural watercourses, recomposition of the respective marginal buffers of 5 (five) meters shall be mandatory, counted from the edge of the regular bed channel, regardless of the width of the watercourse.

§ 2º For rural properties with area greater than 1 (one) fiscal module and up to 2 (two) fiscal modules that have consolidated areas in Permanent Preservation Areas along natural watercourses, recomposition of the respective marginal buffers of 8 (eight) meters shall be mandatory, counted from the edge of the regular bed channel, regardless of the width of the watercourse.

§ 3º For rural properties with area greater than 2 (two) fiscal modules and up to 4 (four) fiscal modules that have consolidated areas in Permanent Preservation Areas along natural watercourses, recomposition of the respective marginal buffers of 15 (fifteen) meters shall be mandatory, counted from the edge of the regular bed channel, regardless of the width of the watercourse.

§ 4º For rural properties with area greater than 4 (four) fiscal modules that have consolidated areas in Permanent Preservation Areas along natural watercourses, recomposition of the respective marginal buffers shall be mandatory:

I - (VETOED); and

II - in other cases, as determined by the PRA, observing the minimum of 20 (twenty) and the maximum of 100 (one hundred) meters, counted from the edge of the regular bed channel.

§ 5º In cases of consolidated rural areas in Permanent Preservation Areas around springs and perennial water eyes, the maintenance of agroforestry-pastoral, ecotourism or rural tourism activities shall be allowed, with the recomposition of the minimum radius of 15 (fifteen) meters being mandatory.

§ 6º For rural properties that have consolidated areas in Permanent Preservation Areas around natural lakes and ponds, the maintenance of agroforestry-pastoral, ecotourism or rural tourism activities shall be allowed, with recomposition of marginal buffer with a minimum width of:

I - 5 (five) meters, for rural properties with area up to 1 (one) fiscal module;

II - 8 (eight) meters, for rural properties with area greater than 1 (one) fiscal module and up to 2 (two) fiscal modules;

III - 15 (fifteen) meters, for rural properties with area greater than 2 (two) fiscal modules and up to 4 (four) fiscal modules; and

IV - 30 (thirty) meters, for rural properties with area greater than 4 (four) fiscal modules.

§ 7º In cases of consolidated rural areas in veredas, recomposition of the marginal buffers, in horizontal projection, delimited from the swampy and waterlogged space, with a minimum width of:

I - 30 (thirty) meters, for rural properties with area up to 4 (four) fiscal modules; and

II - 50 (fifty) meters, for rural properties with area greater than 4 (four) fiscal modules.

§ 8º For the purposes of the provisions of the caput and §§ 1º to 7º, the area held by the rural property on July 22, 2008 shall be considered.

§ 9º The existence of the situations provided for in the caput shall be informed in CAR for monitoring purposes, with the adoption of soil and water conservation techniques aimed at mitigating any impacts being required in these cases.

§ 10. Even before the availability of CAR, in the case of existing interventions, the rural owner or possessor is responsible for soil and water conservation, through the adoption of good agronomic practices.

§ 11. The performance of the activities provided for in the caput shall observe technical criteria of soil and water conservation indicated in the PRA provided for in this Law, with the conversion of new areas for alternative land use prohibited in these locations.

§ 12. The maintenance of residences and infrastructure associated with agroforestry-pastoral, ecotourism and rural tourism activities, including access to these activities, shall be permitted, regardless of the determinations contained in the caput and in §§ 1º to 7º, provided they are not in an area that poses a risk to life or physical integrity of people.

§ 13. The recomposition referred to in this article may be done, in isolation or jointly, by the following methods:

I - conduct of natural regeneration of native species;

II - planting of native species;

III - planting of native species combined with the conduct of natural regeneration of native species;

IV - intercropped planting of woody, perennial or long-cycle species, exotic with native species of regional occurrence, in up to 50% (fifty percent) of the total area to be recomposed, in the case of the properties referred to in item V of the caput of Art. 3º;

V - (VETOED).

§ 14. In all cases provided for in this article, the public authority, upon verification of the existence of risk of aggravation of erosive processes or floods, shall determine the adoption of mitigating measures that ensure the stability of the banks and the quality of the water, after deliberation of the State Environment Council or equivalent state collegiate body.

§ 15. From the date of publication of this Law and until the end of the period of adherence to the PRA referred to in § 2º of Art. 59, the continuation of the activities developed in the areas referred to in the caput is authorized, which shall be informed in CAR for monitoring purposes, with the adoption of soil and water conservation measures being required.

§ 16. The Permanent Preservation Areas located on properties included within the limits of Integral Protection Conservation Units created by act of the public authority by the date of publication of this Law cannot have any activities considered as consolidated under the caput and §§ 1º to 15, except as provided in the Management Plan prepared and approved in accordance with the orientations issued by the competent body of Sisnama, in the terms of the regulation issued by the head of the Executive Branch, with the owner, rural possessor or occupant under any title to adopt all indicated measures.

§ 17. In river basins considered critical, as provided for in specific legislation, the head of the Executive Branch may, by its own act, establish targets and guidelines for the recovery or conservation of native vegetation superior to those defined in the caput and §§ 1º to 7º, as a priority project, after consultation with the River Basin Committee and the State Environment Council.

§ 18. (VETOED).

Art. 61-B.

Owners and possessors of rural properties that, on July 22, 2008, held up to 10 (ten) fiscal modules and developed agroforestry-pastoral activities in consolidated areas in Permanent Preservation Areas are guaranteed that the requirement of recomposition, under the terms of this Law, adding all Permanent Preservation Areas of the property, shall not exceed:

I - 10% (ten percent) of the total area of the property, for rural properties with area up to 2 (two) fiscal modules;

II - 20% (twenty percent) of the total area of the property, for rural properties with area greater than 2 (two) and up to 4 (four) fiscal modules;

III - (VETOED).

Art. 61-C.

For the settlements of the Agrarian Reform Program, the recomposition of consolidated areas in Permanent Preservation Areas along or around watercourses, natural lakes and ponds shall observe the requirements established in Art. 61-A, observing the limits of each individually demarcated area, subject to use concession contract, until titling by INCRA (National Institute of Colonization and Agrarian Reform).

Art. 62.

For artificial water reservoirs intended for energy generation or public supply that were registered or had their concession or authorization contracts signed prior to Provisional Measure 2,166-67, of August 24, 2001, the Permanent Preservation Area buffer shall be the distance between the maximum normal operating level and the maximum maximorum level

Art. 63.

In consolidated rural areas in the locations referred to in items V, VIII, IX and X of Art. 4º, the maintenance of forestry activities, crops of woody species, perennial or long-cycle, as well as the physical infrastructure associated with the development of agroforestry-pastoral activities, shall be allowed, with the conversion of new areas for alternative land use prohibited.

§ 1º Extensive grazing in the locations referred to in the caput shall be restricted to areas of natural field vegetation or those already converted to field vegetation, with association with woody perennial or long-cycle vegetation being permitted.

§ 2º The maintenance of crops and infrastructure referred to in the caput is conditional on the adoption of soil and water conservation practices indicated by rural technical assistance bodies.

§ 3º In Permanent Preservation Areas provided for in item VIII of Art. 4º, of rural properties up to 4 (four) fiscal modules, within the framework of the PRA, based on good agronomic practices and soil and water conservation, by deliberation of the State Environment Councils or equivalent state collegiate bodies, the consolidation of other agroforestry-pastoral activities is permitted, except for situations of risk to life.

Art. 64.

In Reurb-S of informal urban settlements occupying Permanent Preservation Areas, land regularization shall be admitted through the approval of the land regularization project, in the form of the specific urban land regularization law.

§ 1º The land regularization project of social interest shall include a technical study that demonstrates the improvement of environmental conditions in relation to the previous situation with the adoption of the measures recommended therein.

§ 2º The technical study mentioned in § 1º shall contain, at a minimum, the following elements:

I - characterization of the environmental situation of the area to be regularized;

II - specification of basic sanitation systems;

III - proposal of interventions for the prevention and control of geotechnical and flood risks;

IV - recovery of degraded areas and those not susceptible to regularization;

V - proof of improvement of urban-environmental sustainability conditions, considering the adequate use of water resources, the non-occupation of risk areas and the protection of conservation units, where applicable;

VI - proof of improvement of the habitability of the residents provided by the proposed regularization; and

VII - guarantee of public access to beaches and water bodies.

Art. 65.

In Reurb-E of informal urban settlements occupying Permanent Preservation Areas not identified as risk areas, land regularization shall be admitted through the approval of the land regularization project, in the form of the specific urban land regularization law.

§ 1º The land regularization process of specific interest shall include a technical study that demonstrates the improvement of environmental conditions in relation to the previous situation and shall be instructed with the following elements:

I - the physical-environmental, social, cultural and economic characterization of the area;

II - the identification of environmental resources, liabilities and environmental fragilities and the restrictions and potentialities of the area;

III - the specification and evaluation of the urban infrastructure and basic sanitation systems implemented, other services and public equipment;

IV - the identification of conservation units and watershed protection areas in the direct influence area of the occupation, whether surface or underground waters;

V - the specification of existing consolidated occupation in the area;

VI - the identification of areas considered at risk of floods and rock mass movements, such as landslides, falls and rolling of blocks, mud flow and others defined as geotechnical risk;

VII - the indication of the buffers or areas in which the typical characteristics of the Permanent Preservation Area must be safeguarded, with the due proposal for recovery of degraded areas and those not susceptible to regularization;

VIII - the evaluation of environmental risks;

IX - the proof of improvement of urban-environmental sustainability conditions and habitability of residents from the regularization; and

X - the demonstration of guarantee of free and unrestricted access by the population to beaches and water bodies, when applicable.

§ 2º For the purposes of the environmental regularization provided for in the caput, along rivers or any watercourse, a non-buildable buffer with a minimum width of 15 (fifteen) meters on each side shall be maintained.

§ 3º In urban areas listed as historical and cultural heritage, the non-buildable buffer referred to in § 2º may be redefined to meet the parameters of the listing act.

Art. 66.

The owner or possessor of rural property that held, on July 22, 2008, a Reserva Legal area in an extent less than that established in Art. 12, may regularize their situation, regardless of adherence to the PRA, by adopting the following alternatives, in isolation or jointly:

I - recompose the Reserva Legal;

II - allow natural regeneration of vegetation in the Reserva Legal area;

III - compensate the Reserva Legal.

§ 1º The obligation provided for in the caput has a real nature and is transferred to the successor in the case of transfer of domain or possession of the rural property.

§ 2º The recomposition referred to in item I of the caput shall meet the criteria stipulated by the competent body of Sisnama and be concluded within a maximum of 20 (twenty) years, covering, every 2 (two) years, at least 1/10 (one tenth) of the total area necessary for its completion.

§ 3º The recomposition referred to in item I of the caput may be carried out through the intercropped planting of native species with exotic or fruit species, in an agroforestry system, observing the following parameters:

I - the planting of exotic species must be combined with native species of regional occurrence;

II - the area recomposed with exotic species may not exceed 50% (fifty percent) of the total area to be recovered.

§ 4º Owners or possessors of the property who choose to recompose the Reserva Legal in the form of §§ 2º and 3º shall have the right to its economic exploitation, under the terms of this Law.

§ 5º The compensation referred to in item III of the caput shall be preceded by the registration of the property in CAR and may be made through:

I - acquisition of Environmental Reserve Quota (CRA);

II - lease of area under environmental easement or Reserva Legal regime;

III - donation to the public authority of an area located within a public-domain Conservation Unit pending land regularization;

IV - registration of another equivalent and excess area to the Reserva Legal, in a property of the same ownership or acquired in a third-party property, with established native vegetation, in regeneration or recomposition, provided it is located in the same biome.

§ 6º The areas to be used for compensation in the form of § 5º shall:

I - be equivalent in extent to the Reserva Legal area to be compensated;

II - be located in the same biome as the Reserva Legal area to be compensated;

III - if outside the State, be located in areas identified as priorities by the Union or the States.

§ 7º The definition of priority areas referred to in § 6º shall seek to favor, among others, the recovery of excessively deforested river basins, the creation of ecological corridors, the conservation of large protected areas and the conservation or recovery of threatened ecosystems or species.

§ 8º In the case of public properties, the compensation referred to in item III of the caput may be made by granting of real right of use or donation, on the part of the legal entity of public law owner of rural property that does not hold Reserva Legal in sufficient extent, to the public body responsible for the Conservation Unit of an area located within a public-domain Conservation Unit, to be created or pending land regularization.

§ 9º The compensation measures provided for in this article may not be used as a way to enable the conversion of new areas for alternative land use.

Art. 67.

On rural properties that held, on July 22, 2008, an area of up to 4 (four) fiscal modules and that have native vegetation remnant in percentages lower than that provided for in Art. 12, the Reserva Legal shall be constituted with the area occupied by the native vegetation existing on July 22, 2008, with new conversions for alternative land use prohibited.

Art. 68.

Owners or possessors of rural properties who carried out removal of native vegetation respecting the Reserva Legal percentages provided for by the legislation in force at the time the removal occurred are exempt from promoting recomposition, compensation or regeneration for the percentages required in this Law.

§ 1º Owners or possessors of rural properties may prove these consolidated situations through documents such as the description of historical facts of occupation of the region, marketing records, agricultural data of the activity, contracts and banking documents related to production, and by all other means of proof admitted in law.

§ 2º Owners or possessors of rural properties, in the Legal Amazon, and their necessary heirs who have a Reserva Legal index greater than 50% (fifty percent) of forest cover and did not carry out the removal of vegetation in the percentages provided for by the legislation in force at the time may use the excess Reserva Legal area also for the constitution of environmental easement, Environmental Reserve Quota (CRA) and other similar instruments provided for in this Law.

Art. 69.

Commercial establishments responsible for the commercialization of chainsaws, as well as those that acquire them, are required to register with the competent federal body of Sisnama.

§ 1º The license to carry and use chainsaws shall be renewed every 2 (two) years.

§ 2º Chainsaw manufacturers are required to print, in a visible place on the equipment, a number whose sequence shall be sent to the competent federal body of Sisnama and shall be included in the corresponding invoices.

Art. 70.

In addition to the provisions of this Law and without prejudice to the creation of nature conservation units, in the form of Law 9,985, of July 18, 2000, and other applicable actions aimed at the protection of forests and other forms of vegetation, the federal, state or municipal public authority may:

I - prohibit or limit the cutting of rare, endemic, endangered or threatened flora species, as well as species necessary for the subsistence of traditional populations, delimiting the areas covered in the act, and making the cutting of other species dependent on prior authorization in these areas;

II - declare any tree immune to cutting, due to its location, rarity, beauty or seed-bearing condition;

III - establish administrative requirements on the registration and other forms of control of individuals or legal entities engaged in the extraction, industry or trade of forest products or by-products.

Art. 71.

The Union, together with the States, the Federal District and the Municipalities, shall carry out the National Forest Inventory, to support the analysis of the existence and quality of the country's forests, on private properties and public lands.

Sole paragraph. The Union shall establish criteria and mechanisms to standardize the collection, maintenance and updating of the information of the National Forest Inventory.

Art. 72.

For the purposes of this Law, silviculture activity, when carried out in an area suitable for alternative land use, is equated to agricultural activity, under the terms of Law 8,171, of January 17, 1991, which "provides for agricultural policy".

Art. 73.

The central and executing bodies of Sisnama shall create and implement, with the participation of state bodies, sustainability indicators, to be published semi-annually, with a view to measuring the evolution of the components of the system covered by provisions of this Law.

Art. 74.

The Foreign Trade Chamber (CAMEX), referred to in Art. 20-B of Law 9,649, of May 27, 1998, with the wording given by Provisional Measure 2,216-37, of August 31, 2001, is authorized to adopt measures restricting the imports of goods of agricultural or forestry origin produced in countries that do not observe environmental protection norms and standards compatible with those established by Brazilian legislation.

Art. 75.

The PRAs instituted by the Union, States and Federal District shall include a mechanism that allows the monitoring of their implementation, considering the national objectives and targets for forests, especially the implementation of the instruments provided for in this Law, the registration adherence of rural property owners and possessors, the evolution of the regularization of rural properties and possessions, the degree of regularity of the use of forest raw material and the control and prevention of forest fires.

Art. 78.

Art. 9º-A of Law 6,938, of August 31, 1981, shall be in force with the following wording: "Art. 9º-A. The owner or possessor of property, natural person or legal entity, may, by public or private instrument or by administrative term signed before a body part of Sisnama, limit the use of all or part of its property to preserve, conserve or recover existing environmental resources, instituting environmental easement.

§ 1º The instrument or term of institution of the environmental easement must include, at a minimum, the following items:

I - descriptive memorandum of the environmental easement area, containing at least one georeferenced anchor point;

II - object of the environmental easement;

III - rights and duties of the instituting owner or possessor;

IV - period during which the area shall remain as environmental easement.

§ 2º The environmental easement does not apply to Permanent Preservation Areas and to the minimum required Reserva Legal.

§ 3º The restriction on the use or exploitation of vegetation in the area under environmental easement must be, at a minimum, the same as that established for the Reserva Legal.

§ 4º The following shall be recorded in the property title record of the property at the competent real estate registry:

I - the instrument or term of institution of the environmental easement;

II - the contract of alienation, assignment or transfer of the environmental easement.

§ 5º In the case of Reserva Legal compensation, the environmental easement must be recorded in the property title record of all properties involved.

§ 6º During the period of validity of the environmental easement, the alteration of the destination of the area is prohibited, in the cases of transmission of the property under any title, of subdivision or rectification of the limits of the property.

§ 7º Areas that have been instituted in the form of forest easement, under Art. 44-A of Law 4,771, of September 15, 1965, shall now be considered, by effect of this Law, as environmental easement." (NR)

Art. 78-A.

After December 31, 2017, financial institutions shall only grant agricultural credit, in any of its modalities, to owners of rural properties that are registered in CAR.

Sole paragraph. The period referred to in this article shall be extended in observance of the new periods referred to in § 3º of Art. 29.

Art. 79.

Law 6,938, of August 31, 1981, shall be in force with the addition of the following Arts. 9º-B and 9º-C: "Art. 9º-B. The environmental easement may be onerous or gratuitous, temporary or perpetual.

§ 1º The minimum period of the temporary environmental easement is 15 (fifteen) years.

§ 2º The perpetual environmental easement is equivalent, for credit, tax and access to public fund purposes, to the Private Natural Heritage Reserve (RPPN), defined in Art. 21 of Law 9,985, of July 18, 2000.

§ 3º The holder of the environmental easement may alienate it, assign it or transfer it, in whole or in part, for a determined period or definitively, in favor of another owner or public or private entity that has environmental conservation as its social purpose." "Art. 9º-C. The contract of alienation, assignment or transfer of the environmental easement must be recorded in the property title record of the property.

§ 1º The contract referred to in the caput must contain, at a minimum, the following items:

I - the delimitation of the area subject to environmental preservation, conservation or recovery;

II - the object of the environmental easement;

III - the rights and duties of the instituting owner and future acquirers or successors;

IV - the rights and duties of the holder of the environmental easement;

V - the economic benefits of the instituting party and the holder of the environmental easement;

VI - the legal provision to guarantee its fulfillment, including necessary judicial measures, in case of non-compliance.

§ 2º The duties of the owner of the servient property are, among other obligations stipulated in the contract:

I - to maintain the area under environmental easement;

II - to render account to the holder of the environmental easement on the conditions of natural or artificial resources;

III - to allow inspection and oversight of the area by the holder of the environmental easement;

IV - to defend possession of the servient area, by all means admitted in law.

§ 3º The duties of the holder of the environmental easement are, among other obligations stipulated in the contract:

I - to document the environmental characteristics of the property;

II - to periodically monitor the property to verify whether the environmental easement is being maintained;

III - to provide necessary information to any interested parties in the acquisition or to the successors of the property;

IV - to keep updated reports and files with the activities of the area subject to the easement;

V - to judicially defend the environmental easement."

Art. 80.

Point d of item II of § 1º of Art. 10 of Law 9,393, of December 19, 1996, shall be in force with the following wording: "Art. 10.

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

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

d) under environmental easement regime; ..............................................." (NR)

Art. 81.

The caput of Art. 35 of Law 11,428, of December 22, 2006, shall be in force with the following wording: "Art. 35. The conservation, on rural or urban property, of primary vegetation or secondary vegetation in any stage of regeneration of the Atlantic Forest Biome fulfills a social function and is of public interest, and may, at the owner's discretion, the areas subject to the restriction provided for in this Law be counted for the effect of Reserva Legal and its excess used for environmental compensation purposes or institution of Environmental Reserve Quota (CRA). ..............................................." (NR)

Art. 82.

The Union, the States, the Federal District and the Municipalities are authorized to institute, adapt or reformulate, within a period of 6 (six) months, within Sisnama, forestry or related institutions, duly equipped to ensure the full achievement of this Law.

Sole paragraph. The institutions referred to in the caput may accredit, by means of a public selection notice, professionals duly qualified to support the environmental regularization of the properties provided for in item V of Art. 3º, under the terms of a regulation issued by an act of the head of the Executive Branch.

Art. 82-A.

The deadlines for registration in CAR and for adherence to the PRA, provided for, respectively, in Art. 29, § 3º, and Art. 59, § 2º, are extended to May 5, 2017, exclusively for the owners and possessors of rural properties referred to in Art. 3º caput, item V, and sole paragraph, and that comply with the provisions of Chapter XIII.

Art. 83.

Laws 4,771, of September 15, 1965, and 7,754, of April 14, 1989, and their subsequent amendments, and Provisional Measure 2,166-67, of August 24, 2001, are repealed.

Art. 84.

This Law enters into force on the date of its publication. Brasília, May 25, 2012; 191st of Independence and 124th of the Republic. DILMA ROUSSEFF, Mendes Ribeiro Filho, Márcio Pereira Zimmermann, Miriam Belchior, Marco Antonio Raupp, Izabella Mônica Vieira Teixeira, Gilberto José Spier Vargas, Aguinaldo Ribeiro, Luís Inácio Lucena Adams. This text does not replace the one published in the Official Federal Gazette of May 28, 2012.