5222, in the sense of attaching said Institute to the Ministry of Environment and Energy, as a specialized technical body responsible for providing meteorological service to the entire country.
III.That the National Meteorological Institute requests an increase in the maximum budget expenditure for the current year of ₡206,950,000.00 (two hundred six million nine hundred fifty thousand colones, no céntimos), in order to partially improve the Meteorological Station Network (Red de Estaciones Meteorológicas) to prevent future emergencies due to climate changes; in such a way as to guarantee the efficient and comprehensive management of the hydrographic basin (cuenca hidrográfica) with better technological tools that enable its operation and its development.
IV.That the expenditure described in the preceding considering clause will be incorporated into the sub-items by object of expenditure: transportation equipment, equipment and furniture, computer equipment, and diverse machinery and equipment, and will be financed with free surplus (superávit libre).
V.That through Executive Decree No. 32452-H and its amendment, published in La Gaceta No. 130 of July 6, 2005, the "Guideline for the application of article 6 of Law No. 8131, the Financial Administration of the Republic and Public Budgets Law, and the regulation of the class of public sector revenues called Financing" was issued.
VI.That regarding free surplus (superávit libre), article 7 of the above-cited decree, allows financing expenditures that refer to the ordinary activities of the entity, attending to the interests of the community and the public service, provided they do not have a permanent character or generate an obligation that requires financing over time, as is the case in the present instance.
VII.That in Executive Decree No. 32973-H and its amendments, published in La Gaceta No. 64 of March 30, 2006, the Budgetary Authority (Autoridad Presupuestaria) formulated the 2007 Budget Policy Guidelines, which were made known to the Government Council and approved by the Executive Branch, establishing in article 1 of said Decree, the budget expenditure limit for the year 2007, for the entities covered by the scope of that Collegiate Body.
VIII.That article 2, subsection b) of the Executive Decree cited in considering clause 7 of this decree, establishes exclusions of certain amounts from the maximum authorized expenditure, related to the operations of the entities.
IX.That additionally, it requests that the transfers it makes to the National Forest Financing Fund (Fondo Nacional de Financiamiento Forestal, FONAFIFO) and the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación, SINAC), resulting from 50% of the total collected for the fee to be charged by the Water Department of the National Meteorological Institute, due to the granting of concessions for the use of surface and groundwater, be excluded from the established maximum budget expenditure; pursuant to the provisions of article 14 of Executive Decree No. 32868-MINAE, published in La Gaceta No. 21 of January 30, 2006.
X.That through official communication STAP-0768-06 of April 4, 2006, the National Meteorological Institute was informed of the maximum budget expenditure set for the year 2007 in the sum of ₡309,400,000.00 (three hundred nine million four hundred thousand colones, no céntimos), which does not contemplate the resources that the Institute requires to increase.
XI.That through official communication DM-860-2007 of July 17, 2007, the Minister of Environment and Energy, in his capacity as head of the environment, energy, and telecommunications sector, endorses the request made by the National Meteorological Institute.
XII.That, due to the foregoing, it is necessary to expand the maximum budget expenditure set for the National Meteorological Institute for the year 2007 and to exclude from that expenditure limit the transfers to the National Forest Financing Fund and the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación, SINAC).
Conservation Areas. Therefore; THEY DECREE: