"Article 39.
The National Forestry Financing Fund (FONAFIFO) is authorized to issue the Manuals and/or Procedures necessary for the execution of the Payment for Environmental Services Program (PSA), which must conform, among others, to the following provisions:
- a)Regarding applications for entry into the Payment for Environmental Services Program (PSA).
- i)The National Forestry Financing Fund shall establish a period for natural and legal persons to submit applications for the entry of their properties into the Payment for Environmental Services Program (PSA).
- ii)Exceptionally, and by means of a reasoned agreement issued by the Board of Directors of the National Forestry Financing Fund, an extraordinary period for receiving applications may be opened when the number of applications submitted is less than the area allocated according to the respective budget.
- iii)The determination of the period for receiving applications shall be published in the Official Gazette La Gaceta and in at least one nationally circulated newspaper.
- b)Regarding the Procedure for receiving applications.
i. Those interested in entering the Payment for Environmental Services Program (PSA) must request an appointment for the submission of their applications.
ii. Appointments shall be requested during the period authorized by FONAFIFO, whether by telephone, through the FONAFIFO website, or by the applicant appearing in person at the Regional Office of FONAFIFO, where they will be assisted in obtaining the appointment through the indicated means.
iii. At the date and time of the assigned appointment, the applicant or their representative must appear in person at the respective Regional Office of FONAFIFO to submit their application.
iv. The responsible official shall verify that the application meets the requirements established in this article and in the Procedures Manual for the Payment for Environmental Services published in the Official Gazette La Gaceta No. 46 of March 6, 2009, and its amendments, in which case they shall print on the application the number assigned to it, and the date and time of its submission.
v. The Regional Offices of FONAFIFO shall not receive applications that do not meet the requirements established in this article or in the Procedures Manual for the Payment for Environmental Services.
vi. Applications sent via fax, by electronic mail, or by certified mail, or that are intended to be submitted without the respective appointment, outside the date and time assigned therein, or at a Regional Office of FONAFIFO other than that indicated in the appointment, shall not be received.
- c)Regarding the requirements that the application must meet.
i. Applications for entry into the Payment for Environmental Services Program (PSA) must contain, under penalty of not being received, the following information requirements: a) Name, full identifying details, and domicile of the applicant, b) Identification card number or official identification document, c) If it involves a legal entity, the full name, identifying details, identification card number or official identification document, and domicile of its legal representative must be indicated, d) Folio Real registration number or registration citations of the property intended to be entered into the PSA Program. d) Cadastral Map number of the property subject to the application, e) The purpose of the application, which must include the area or trees to be submitted, the modality, and an indication of whether it involves an unregistered property, f) Indicate if it involves an advance reforestation project, g) Place to receive notifications. If it involves a domicile or office, it must be located within a radius of two kilometers from the respective Regional Office of FONAFIFO.
ii. Applications must be submitted duly signed by the owner, possessor, lessee, or their authorized representatives.
iii. Additionally, the following documents must be attached to the application: a) A legible, full-page photocopy of the applicant's valid identification card or other official identification document, b) A visible copy, on a full page, of both sides of the cadastral map of the property intended to be entered, with its location on the cartographic sheet, scale 1:50,000.
iv. The Regional Offices of FONAFIFO shall not receive incomplete applications or those that do not meet the admissibility requirements established in this article and/or in the Procedures Manual for the Payment for Environmental Services.
- d)Regarding the procedures and deadlines for the evaluation of applications.
i. Once the pre-applications are received by the Regional Offices of FONAFIFO, the digitization and location of the maps in the Geographic Information System shall proceed. If the existence of any overlap with any other map, or any other drawback, is determined, the Regional Head, by means of an official communication, shall notify the interested parties so that they may clarify the information provided within a period not exceeding ten business days.
ii. If, upon expiration of the granted period, the corrections and/or clarifications are not submitted, or are submitted incorrectly again, the Regional Head shall proceed with the archiving of the application.
iii. The Regional Offices of FONAFIFO have up to sixty calendar days for the evaluation of applications according to a scoring matrix to be established in the Procedures Manual for the Payment for Environmental Services, which incorporates the priorities referred to in Article 38 of the Regulations to the Forestry Law.
iv. Once the qualification stage, indicated in the preceding point, is completed, the Regional Offices of FONAFIFO shall send the applications to the Legal Directorate of FONAFIFO, in strict order of qualification or score. Only in the event that the qualification of the applications reflects a tie between two or more of them, they shall be sent to the Legal Directorate according to the principle of first in time, first in right.
v. The Legal Directorate of FONAFIFO shall have up to thirty calendar days for the evaluation of each application. If it is determined that it does not meet the requirements or legal conditions established for that purpose, the Legal Directorate shall issue a document listing the missing requirements and shall send it, along with the background information, to the Regional Office of FONAFIFO, which shall grant the applicant a period of up to 20 business days to correct and/or complete the legal requirements. If, upon expiration of the granted period, the applicant has not fully complied with what was prescribed, or if the response is submitted incomplete, the archiving order or resolution must be issued, duly signed by the Regional Head.
vi. If the applications meet the legal and technical requirements and conditions, the applicant shall be notified by a resolution signed by the Regional Head or by the Executive Director of FONAFIFO that their application was approved and that they may proceed to prepare the technical study, according to the procedures established in the Procedures Manual for the Payment for Environmental Services.
vii. Once the entire application approval process is concluded, the Regional Offices of FONAFIFO, by means of a reasoned resolution signed by the Regional Head, shall proceed with the archiving of all those applications that, due to a lack of economic resources, were not processed and/or not approved in that period.
Transitional Provision.-Applications that, due to a lack of financing, were not processed during the 2010 period, may be reconsidered in the 2011 period, provided that the properties are within the priorities set by the State and the reactivation application is submitted within the application reception period, according to the appointment procedure established in the preceding Article 39.