number 25721-MINAE and its amendments, so that it reads as follows:
"Article 39. The National Forest 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 comply with the following provisions:
- a)Regarding applications for entry into the Payment for Environmental Services Program (PSA).
i. The National Forest 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 Forest 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 application reception period shall be published on the website of the Ministry of Environment and Energy, on that of the National Forest Financing Fund, and in at least one nationally circulated newspaper.
- b)Regarding the Procedure for receiving applications.
i. Interested parties wishing to enter 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 enabled by Fonafifo, either 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. On 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 current Procedures Manual for the Payment for Environmental Services, in which case they shall print on the application the number assigned to it, the date, and the 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, email, or certified mail, or that are intended to be submitted without the respective appointment, outside the date and time assigned in it, or at a Regional Office of Fonafifo other than the one 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 qualifications, and domicile of the applicant, b) ID number or official identification document, c) If it concerns a legal entity, the full name, qualifications, identity 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. e) Cadastral Plan Number of the property object of the application, f) The purpose of the application, which must include the area or trees to be submitted, the activity, and the indication if it concerns an unregistered property, g) Indicate if it concerns an advance reforestation project, h) Place to receive notifications, which may be a fax or an email; likewise, the applicant's telephone number must be indicated. Starting in the year 2021, applications to enter the PSA Program for properties with forests located within priorities 1, 2, and 3 of the matrix established in Article 38 of this Regulation must also attach the technical study, prepared by the respective forestry professional, with the requirements indicated in the Procedures Manual at the time of the appointment. For farms with forests located in priority 4, it will be required if their score and the program budget allow them to access the Payment for Environmental Services Program. To facilitate this process, Fonafifo shall make priority maps available on its website so that applicants, forestry engineers, and organizations can establish a possible initial score. In any case, Fonafifo cannot guarantee entry into the program until it performs the official scoring.
ii. Applications must be submitted duly signed by the owner, possessor (poseedor or poseedora), lessee (arrendatario or arrendataria), or their legal representatives.
iii. Additionally, the following documents must be attached to the application: a) Legible photocopy of the full page of the applicant's current identity card or other official identity document, b) Farm plan at natural scale, legible all the information contained therein, and certified by the National Cadastre or a Notary Public.
iv. The Regional Offices of Fonafifo shall not receive incomplete applications or those that do not meet the admission requirements established in this article and/or in the Procedures Manual for the Payment for Environmental Services.
- d)Regarding the procedures and deadlines for evaluating applications.
i. Once the applications are received by the Regional Offices of Fonafifo, the plans shall be digitized and located in the Geographic Information System. If the existence of any overlap with any other plan or any other inconvenience is determined, the Head of the Regional Office of Fonafifo, by means of an official letter, shall notify the interested parties so that they clarify the information provided within a period not exceeding ten business days.
ii. If the corrections and/or clarifications are not submitted by the end of the granted period, or if they are submitted incorrectly again, the Regional Head shall proceed to archive the application.
iii. The Regional Offices of the National Forest Financing Fund have up to sixty calendar days for the evaluation of applications according to the scoring matrix established in the respective decree or resolution.
iv. Once the scoring stage indicated in the previous point is completed, the Regional Offices of Fonafifo shall send the applications to the Legal Department of Fonafifo, in strict scoring order. Only in the event that the scoring of the applications reflects a tie between two or more of them, they shall be sent to the Legal Department according to the principle of first in time, first in right.
v. The Legal Department of Fonafifo shall have up to thirty calendar days for the evaluation of each application. If it is determined that the application does not meet the legal requirements or conditions established for this purpose, the Legal Department shall issue a document listing the missing requirements and send it together 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 complete the legal requirements. If, by the end of the granted period, the applicant has not fully complied with what is required, or does not appear, or appears with incomplete information, 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, and their score allows them to access the program, the applicant shall be notified by an official letter signed by the Regional Head of Fonafifo that their application has been approved and that the signing of the Contract shall proceed for applications located in priorities 1, 2, and 3 of the matrix. In the case of applications without a technical study because they are priority 4 of the matrix, starting in the year 2021, a period of up to 15 business days shall be granted so that they can proceed to prepare the technical study, according to the procedures established in the Procedures Manual for the Payment for Environmental Services.
vii. In the case of applications supported by the right of possession (derecho de posesión), located within Protected Wild Areas, the Procedures Manual shall determine the initial requirements for submitting the application.
viii. Once the entire application approval process is concluded, the Regional Offices of Fonafifo, by means of a reasoned resolution signed by the Head of the Regional Office, shall proceed to archive all those applications that, due to lack of economic resources, were not processed or approved in that period.
- e)Regarding the Payment for Environmental Services 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 that indicated in the preceding subsections; however, by virtue of the particular characteristics that these territories present and their form of land tenure, the following regulations are established for access to the Program:
- a)If the Indigenous Territory does not have the respective cadastral plan, the project may be processed using the boundary description (derrotero), for which the National Forest Financing Fund shall use the information detailed in the decree creating the indigenous territory.
- b)When the application refers to a forest protection project in areas that have been subject to 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, using its professional staff; accordingly, these projects shall not require a forest management (regencia forestal) contract. 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 staff of the National Forest Financing Fund to verify that the definition of forest established in Forest Law No. 7575 is met and determine the area to be submitted. This applies to projects submitted starting in the year 2016.
- d)In the event that the areas have not previously had a Payment for Environmental Services contract, the exception in subsection b) above shall not apply, and the submission of the technical study and the respective management (regencia) contract shall be required, in accordance with the established procedures.
- e)The Payment for Environmental Services contracts signed by said Associations shall not be registered with 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 Associates, authorizing the execution of the Payment for Environmental Services project.
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 under 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 staff 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 Territory. The contracts signed with these Associations must establish obligations that allow publicizing the financial management to all members of the Association.
v. The cited Associations may submit Payment for Environmental Services projects up to a maximum of 1,000 hectares in forest protection and/or regeneration, and 350,000 trees in agroforestry systems (sistemas agroforestales) per year. In reforestation projects, a maximum of 300 hectares per year.
- f)Maximum Area Limits for PSA Projects.
i. Under no circumstances may natural persons and their family group, understood as first-degree relations (spouse, sons and daughters), legal persons and their related companies operating as an economic interest group, maintain more than 2,000 hectares under contract in the forest protection activity and 1,500 hectares under contract in the reforestation activity under the Payment for Environmental Services Program. This provision shall apply only to contracts formalized starting in the year 2020.
ii. Non-governmental non-profit organizations and social economy organizations may access the Payment for Environmental Services Program in the modality of Maintenance of Forest Cover (Mantenimiento de la Cobertura Forestal) up to a maximum of 300 hectares per year, per Conservation Area, provided that these forests are their property and comply with the prioritization scheme established through the current scoring matrix.
iii. Natural or legal persons who cannot enter the Payment for Environmental Services Program may establish alliances and contracts with Fonafifo in order to capture resources through commercialization, both in the national and international markets, for the greenhouse gas mitigation actions generated by their forests and forest plantations.
iv. The conditions of these transactions shall be established and negotiated in the respective contracts.