- e)Payment for Environmental Services (Pago por Servicios Ambientales) in Indigenous Territories.
i- The procedure for the application of the Payment for Environmental Services by the Integral Development Associations of the Indigenous Reserves shall be as indicated in the previous subsections; however, by virtue of the particular characteristics presented by those territories and their form of land tenure, the following regulations are established for access to the Program:
- a)In the event that the Indigenous Reserve does not have the respective cadastral map, the project may be processed using the survey boundary (derrotero), for which the National Forest Financing Fund shall use the information detailed in the decree creating the Reserve.
- b)When the application refers to a forest protection project in areas that have been the subject of Payment for Environmental Services in the last five years, the National Forest Financing Fund shall assume, when so requested by the cited Indigenous Associations, the preparation of the technical study and the annual monitoring of the submitted areas, through its professional staff; in accordance with the foregoing, these projects shall not require a forest management contract (contrato de regencia forestal). This exception shall only apply to applications submitted starting in the year 2016.
- c)To formalize the Payment for Environmental Services contract, it shall suffice for the National Forest Financing Fund personnel to verify that the definition of forest established in Forestry Law N° 7575 is met and to determine the area to be submitted. This applies to projects submitted starting in the year 2016. In the case that the areas have not had a Payment for Environmental Services contract previously, the exception of subsection b) above shall not apply, for which the presentation of the technical study and the respective management contract shall be required, in accordance with established procedures.
- d)The Payment for Environmental Services contracts signed by said Associations shall not be registered before the National Registry as an encumbrance (afectación) on the property.
II- The application for entry into the Payment for Environmental Services Program must be accompanied by a certified copy of the Minutes of the General Assembly of Members, in which the execution of the Payment for Environmental Services project is authorized. Said minutes must include the list of attendees and the Treasurer's report approved by the Assembly, reflecting the use made of the resources received by said Associations for the Payment for Environmental Services Program.
III- In the areas submitted to the Payment for Environmental Services Program on which the respective contracts have been signed, traditional activities may be carried out, including the establishment of subsistence agricultural crops as long as they do not exceed 2% of the area under contract, supervised by the personnel of the National Forest Financing Fund. The contract shall establish the conditions required to comply with this provision.
IV- Without exception, in all cases, the procedures for the application of the Payment for Environmental Services Program must be subscribed and signed by the president of the Integral Development Association of the Indigenous Reserve. The contracts signed with these Associations must establish obligations that allow for the public disclosure of financial management to all members of the Association.
V- The cited Associations may submit Payment for Environmental Services projects for a maximum of 1,000 hectares in forest protection and/or regeneration, and 350,000 trees in agroforestry systems per year. In reforestation projects, a maximum of 300 hectares per year.
- f)Maximum Area Limits for PSA Projects.
Under no circumstances may natural persons and their family group, understood as wife or husband, sons and daughters, legal entities and their related companies operating as an economic interest group, maintain more than 600 hectares under contract in the forest protection modality and 750 hectares under contract in the reforestation modality under the Payment for Environmental Services Program. This provision shall govern only for contracts formalized starting in the year 2016."