"Projects for forest conservation on lands protected under the right of possession (posesión), may be covered by the Payment of Environmental Services (Pago de Servicios Ambientales) program, in the protection modality.
To qualify for the Payment of Environmental Services program, legally accredited possessors (poseedores) must meet the following requirements:
- a)Submit a cadastral map (plano catastrado) of the property, duly certified, or a map prepared by the Institute of Agrarian Development (Instituto de Desarrollo Agrario-IDA).
- b)Notarized letter of sale (carta de venta protocolizada) before a Notary Public with a certain date of acquisition of the property, if this was the mode of acquisition, or possessors (poseedores) registered by the Institute of Agrarian Development, declared as beneficiaries and awardees. In the event that the possessor (poseedor) is native or does not have the transfer documents with the established formalities, they must submit the sworn statement (declaración jurada) of three witnesses that documents in detail the origin and activities of the possession (posesión) exercised. These statements must be in a public deed (escritura pública). Any other document regarding judicial processes or proceedings before public institutions that clearly demonstrate possession (posesión) of the land may also be submitted.
- c)Sworn statement (declaración jurada) before a notary public by the applicant possessor (poseedor) containing: description of the nature of the property, location by province, district, canton, hamlet or local population, indication of the full names of all current adjoining owners (colindantes), cadastral map number, measurement, time of possession, mode of acquisition, and description of the possessory acts (actos posesorios).
- d)Sworn statement (declaración jurada) in a public deed (escritura pública) from all adjoining owners (colindantes) of the property in which they indicate that they are aware of the possession (posesión) with the adjoining party, that they have no conflict or dispute over said boundary or its boundary markers, fences, or similar. In those cases where the boundary is natural or a public road, the submission of a statement is not required. In the event that the adjoining party is a public entity, an official note from the corresponding authority, indicating what is stipulated in this article, shall suffice. If the boundary is with a protected area (área protegida), only the submission of a note issued by the Director of the respective Conservation Area will proceed.
- e)The State, through the National Fund for Forest Financing (Fondo Nacional de Financiamiento Forestal, FONAFIFO), in all cases and through the mechanisms it determines, must carry out an inspection of the property where the possession (posesión) is exercised. For those farms located within declared protected wilderness areas (áreas silvestres protegidas), a note of no objection must be submitted by the Director of the respective Conservation Area.
Once the above requirements are met, FONAFIFO shall publish an edict in the Official Gazette La Gaceta, for two consecutive days, granting a period of 10 business days to hear oppositions; if none are presented or if those presented are rejected, the corresponding contract shall be signed. In the event that the opponent's arguments demonstrate a conflict over the property, the file shall be archived immediately, and the parties must resort to the corresponding judicial route. FONAFIFO may make grouped publications at least once a month.
It is the duty of the National Fund for Forest Financing to maintain an updated registry of the environmental services payment projects approved under the possession (posesión) modality, with the information necessary for their identification, supported by a geographic information system.