33973-MINAE published in La Gaceta No. 184 of Tuesday, September 25, 2007, declaring the Central American Electrical Interconnection System Project (SIEPAC) to be of National Interest and Convenience (interés y Conveniencia Nacional), developed by the Network Owner Company (EPR) and the Costa Rican Electricity Institute (ICE), and under the protection of Article 3, subsection m) of Law No. 7575, the Forestry Law (Ley Forestal), it shall be governed by the following procedure:
1. The Heads of the SINAC Sub-regional Offices through whose jurisdiction the SIEPAC Project Transmission Line passes, which are:
| Subregional Office | Conservation Area |
|---|---|
| Upala | ACA-HN |
| Liberia | ACG |
| Bagaces | ACA-T |
| Cañas | ACA-T |
| Subregional Office | Conservation Area |
| :--- | :--- |
| Esparza Orotina | ACOPAC |
| Puriscal | ACOPAC |
| Aguirre | ACOPAC |
| Pérez Zeledón | ACL-P |
| Palmar Norte | ACL-P |
| Río Claro | ACOSA |
| San Vito | ACOSA |
Shall resolve the tree felling applications, based on the guidelines described in this resolution.
2º-Any application for a felling permit under the SIEPAC Project framework shall follow an expedited procedure, safeguarding the asset protected by SINAC and guaranteeing compliance with the country's laws and environmental regulations.
3º-Tree felling must be supported by the project studies that justify their cutting and also consider the environmental mitigation measures contained in the project's environmental impact study (estudio de impacto ambiental), including the aspects considered in this resolution and the agreed-upon compensation mechanisms.
4º-All activities involving tree felling and the opening of roads in forests must comply with legal requirements, have the permits from the owners, and be under the technical supervision of a forest regent (regente forestal) who will coordinate their management with the project's environmental manager, in accordance with the guidelines established in the regulations governing forest regency (regencia forestal).
5º-The requirements for tree felling vary depending on the nature of the area where they are located, based on legal and technical limitations. In this sense, the State Forestry Administration shall have the power to authorize the installation of the lines, including tree felling on lands of the State Natural Heritage (PNE); naturally subject to criteria of rationality and proportionality; seeking the least possible impact on the present ecosystems, in accordance with the project's environmental impact study.
6º-When the path of the lines enters privately owned farms, the State Forestry Administration shall limit itself to granting the felling permits -when applicable-, once the company demonstrates it has concluded the corresponding negotiations with the owners of those properties. This implies that each owner of the servient tenement (fundo sirviente) shall grant authorization through a special power of attorney (poder especial) to the representative of Empresa Propietaria de la Red S. A. (EPR), thus accredited, to process the felling permits; the foregoing without prejudice to the owner directly requesting the permit based on the forest inventory (inventario forestal) prepared by the regent of Empresa Propietaria de la Red and other requirements that the project must fulfill for tree felling. These authorizations must be detailed according to a forest inventory indicating the number of trees per species (vernacular and scientific name) to be felled, the commercial volume to be extracted -if any-, as well as a georeferenced base map locating the trees to be felled, delimiting the length, width, and path of the strip to be intervened. This inventory shall include all individuals (commercial or not) with a diameter at breast height (DBH, diámetro a la altura de pecho, DAP) equal to or greater than 15 centimeters.
7º-Regarding the special power of attorney, it shall be sufficient to present a certified copy of the easement contracts (contratos de servidumbre) signed between the farm owners and the Costa Rican Electricity Institute (ICE) or Empresa Propietaria de la Red SA (EPR); as these establish the owners' authorization to manage, on their behalf, the necessary permits for tree felling and that this authorization includes the power to sign and collect documentation on their behalf.
8º-Regarding requirements on the State Natural Heritage: The General Director of the National System of Conservation Areas (SINAC) shall be responsible for granting, through an administrative resolution, a use permit on the strip that constitutes the easement (servidumbre) within the lands of the State Natural Heritage.
9º-On public domain lands that do not constitute PNE: On state lands -belonging to State institutions, autonomous entities, and Municipalities that do not correspond to forest and therefore do not constitute PNE-, it shall be the representative of those entities who is legitimized to dispose of said assets, who grants the special power of attorney for the processing of tree felling permits and authorizes the constitution of easements for passage through those non-forest land parcels. As in point 6, either the authorization or the easement of passage from the Institute, Entity, or Municipality may be presented, attaching the aforementioned forest inventory.
10.-On privately owned lands: On private farms, the AFE shall limit itself to processing tree felling permits -when applicable- guaranteeing the rights of third parties and compliance with forestry regulations. In accordance with the above, the AFE shall only process felling permits individually -per property- once the corresponding authorization has been obtained from the owner(s), as established in point 7 of this directive, or through a direct application that the owner processes before the AFE.
11.-Regarding the procedure: The AFE is administratively organized into 10 Conservation Areas -plus Cocos Island-; in each of these, felling authorizations are processed in accordance with the general guidelines established in the regulations and administrative directives. According to this, for all cases where tree felling is required, the project in question must process the authorizations for each property to be crossed individually in the corresponding jurisdiction, in accordance with the following requirements:
a. Certification of ownership for private farms. In the case of parcels on lands administered by the IDA, a certification from the IDA must be provided, including its endorsement for the tree felling to be authorized.
b. Copy of the Forest Regent Contract.
c. Application for a harvest or tree felling permit signed by the owner or the person legitimized and authorized by them (as established in subsection 7) of this directive). It is recommended that this application be endorsed by the project's Forest Regent.
d. Certification of Legal Status (Certificación de Personería Jurídica) of the company Empresa Propietaria de la Red (EPR) S. A., issued no more than three months prior.
e. Certified copy of the easement contract authorizing the ICE or the Empresa Propietaria de la Red contracted by it, to request the permit for felling trees on its property, when the procedure is not carried out directly by the property owner.
f. Certified copy of the resolution issued by SETENA granting environmental viability to the Central American Electrical Interconnection System Project (SIEPAC)-Costa Rica Section.
g. Applications for tree felling on public domain lands that do not constitute State Natural Heritage shall be signed by the representative legitimized to perform such acts on behalf of the entity responsible for or administering the property. For these cases, the easement deed mentioned in point 7 of this resolution shall be used as a special power of attorney for the public domain entity, as this deed authorizes the EPR or the ICE to carry out removal, felling, or pruning activities of trees within the established easement. Tree felling applications on PNE must also attach the administrative resolution granting the use permit or establishing the easement in favor of the company Empresa Propietaria de la Red (EPR) S. A.
h. Likewise, the Project must present, in the jurisdiction of each SINAC Sub-regional Office through which the SIEPAC electrical transmission line passes, a georeferenced base map (physical document and an electronic file in shape format) that includes:
. The layout of the transmission line to be built.
. Location of the boundaries of the properties it crosses, both public and private.
. Location, to scale, of the strip to be intervened.
. Georeferenced location of the trees to be felled.
. Location of water resources, including the protection area defined by Article 33 of the Forestry Law.
. Location of the types of land use (forest and other uses) it crosses on each farm.
. Layout of existing roads and/or roads to be built required for the development of the work (for example, the layout of a track (trocha) that must be built to install a tower).
12.-A forest inventory that includes all trees with a diameter at breast height (DBH, DAP) equal to or greater than 15 centimeters, prepared by a forestry professional containing the technical information that the Regulations to the Forestry Law require for forest inventories carried out on lands under agricultural use and without forest. When this concerns a sector where the line's path must cross a forested area, the inventory must also include the trees to be felled for the construction of the access roads required to develop the project.
13.-Regarding the permit and follow-up: Each Sub-regional Office shall be responsible for granting the felling permits, including the guides (guías) for timber transport when timber is extracted as a result of the permit. These permits shall be valid for one year and the transport guides shall be issued against a report from the regent. Each authorization shall be granted individually per farm or, to the extent possible, as a group, and the regency reports may be presented by segments of the line that include several farms, provided that the number of trees, volumes, and other details, including possible anomalies presented, are detailed separately for each property in order to establish rights and responsibilities in each case.
14.-Mitigation measures: All works to be developed for the execution of the project must conform to the provisions contained in the Environmental Impact Study and in accordance with the Good Environmental Practices Manual, which must include measures for mitigating environmental impacts not only in aspects related to the management of spoil heaps (escombreras) and soil deposit sites but also regarding the installation of the electrical transmission lines, including measures to minimize environmental impact.
15.-In the specific case of the Castro Cervantes Wildlife Refuge, the provisions established in the Record of Environmental Commitments (Acta de Compromisos Ambientales) of the EPR before SETENA, according to resolution 848-2005 SETENA, must be complied with.
16.-The compensation agreements and commitments agreed upon between private parties are the responsibility of both parties as long as they do not contravene the provisions of the country's regulations. The compensations or contributions that the project agrees upon with state entities or decentralized public bodies shall not form part of the payment or fee (canon) for the use permits that the State grants it on public domain lands.
17.-In the event that the properties affected by the easements are included within the Payment for Environmental Services Program (Programa de Pago de Servicios Ambientales), the procedures already established for these cases by the National Forestry Financing Fund (Fondo Nacional de Financiamiento Forestal, FONAFIFO) shall be followed.
18.-Once the executing company submits to the corresponding Sub-regional Office the technical and legal requirements accompanying the application for forest harvesting, the AFE shall determine whether or not a prior inspection is warranted and shall have a maximum period of 10 business days to resolve. Should the inspection be justified, the AFE shall coordinate the visit to the property or properties with the executing company in order to expedite the process.
Notify.