Forestry Development Authority Ten Core Regulations.

This Resolution includes the 10 main Regulations adopted by the Forestry Development Authority in compliance with the provisions of the National Forestry Reform Law of 2006.
Regulation 101 – 07 Public Participation. It aims at establishing (i) transparent, participatory procedures that the Authority shall follow in adopting or amending Regulations, Codes, and Manuals; and (ii) procedures that the Authority shall follow to ensure broad public access to Regulations, Codes, and Manuals and to all supporting documents and information, to the greatest extent permitted by law.
Regulation 102 – 07 Forest Land Use Planning. It aims at (i) establishing the suitability of Forest Lands for sustainable land use allocations through a participatory process, based on local validation, that optimizes the benefits of forest land allocation; (ii) guaranteeing that forest land use planning activities are conducted in a manner that considers the following national priorities to the greatest possible extent: (a) economic development; (b) benefit to forest-dependent communities; and (c) protection of the environment and natural resources. All activities that the Authority undertakes or approves must be consistent with the National Forest Management Strategy (exemptions are provided in article 32). For each proposed Forest Land Use Action, the Authority shall convene one or more local public meetings for communities located within and immediately adjacent to the Forest Land that would be affected by the Forest Land Use Action, to assess potential local impacts and to evaluate alternatives.
Regulation 103 – 07 on Bidder Qualifications. It aims to establish (i) which are the eligible categories of concessions to manage a tract of Forest Land and harvest or use Forest Products; (ii) the procedures for inclusion and/or removal from the list of debarred Persons; (iii) the procedures for submitting bids for Forest Resources Licenses offered as concessions; (iv) standards and procedural matters for prequalification to bid on concessions of Forest resources Licenses.
Regulation 104 – 07 Tender, Award, and Administration of Forest Management Contracts, Timber Sale Contracts, and Major Forest Use Permits. General rules followed by the Authority allocating commercial access to Forest Resources are (i) act as trustee of a national asset, in a professional, transparent, and non-discriminatory manner, without personal interest or aim of self-enrichment; (ii) provide social and economic benefits for forest-dependent communities and the nation as a whole; (iii) assure sustainable development and conservation of the forests. The procedure is as follows (i) selection of areas to offer for Forest Management Contracts (FMCs) and Timber Sale Contracts (TSCs); (ii) identification of Affected Communities; (iii) consultations with representatives of Affected Communities; (iv) obtainment of free prior informed consent, in writing, from Community Forestry Development Committees representing all Affected Communities; (v) offering of concessions; (vi) bid evaluation; (vii) assignment of Contracts.
Regulation 105 – 07 on Major Pre-Felling Operations under Forest Resources Licenses. It aims at describing the social, environmental, and forest management planning obligations that a holder of a Forest Resources License must satisfy before felling trees. They are (i) copy of one or more executed social agreements (of a duration of 5 years for FMCs or 3 years for TSCs); (ii) Environmental Impact Assessment and approval by EPA; (iii) approved forest management plan for the areas subject to the FMCs, including the Forest Management Guidelines and the Code of Forest Harvesting Practices, both issued by the Authority.
Regulation 106 – 07 on Benefits Sharing and implements the requirement that the Authority establish a fair and transparent procedure for allocating a designated percentage of land rental fees to Counties and to communities entitled to benefit-sharing under Forest Resources Licenses. In coordination with the Central Bank and the Ministry of Finance, the Authority shall ensure that a sum equal to 30 percent of all land rental fees collected is distributed for the benefit of all of the Republic’s Counties. Deposit of funds to a County Forestry Development Fund under this Section is the sole means by which the Government shall transfer funds to a County. For the Authority to disburse the funds, the County must meet some requirements provided in article 24.
Regulation 107 – 07 on certain Forest Fees. The Authority’s fixed fees fall into the following three classes (1) Stumpage fees; (2) Land rental fees; (3) Forest product fees, including the fees for the export of forest products. Furthermore, the Authority develops a list of estimated market prices of Forest Products derived from the tree species listed in Schedule I of this Regulation and revises the list at the start of each logging season, or more frequently in response to changing markets.
Regulation 108 – 07 on establishing a Chain of Custody System to (i) ensure that illegal logs, timber, and wood products are identified and that they do not enter the Chain of Custody; (ii) ensure that the holders of forest resources licenses comply with laws and regulations; (iii) ensure that all forest fees are accurately assessed and timely remitted; (iv) facilitate the certification of legal origin for all logs and timber; (v) generate reliable information on national Timber flows that can be used both to inform sound management and to provide a basis on which to issue reliable timber legality verification statements and permits (for purposes of export); (vi) promote good governance and law enforcement. The Chain of Custody System shall track Logs, Timber, and Wood Products from forest to processing to domestic market or export. The Regulation establishes also that (i) it is prohibited the transport or acceptance of logs, timber, or wood products not accompanied by waybills; (ii) before exporting or importing logs, timber, or wood products it is necessary to be registered with the Authority, and renew the registration annually.
Regulation 109 – 07 on Penalties. Annually, the Authority shall publish the enforcement report. The Authority may impose an administrative penalty for an offense, rather than referring the offense to the Ministry of Justice.
Regulation 110 – 07 on Rights of Private Land Holder. It establishes the responsibilities of the operator concerning the rights of private landowners and provides for a right of compensation to landowners harmed as a result of operations. As a general principle (i) the operator shall take all measures necessary to prevent harm to the property of private landowners; (ii) if operations cause harm to the real property of a private landowner, or to personal property located on that real property, the operator shall promptly and fully compensate the private landowner for the damage, injury, or loss. The Regulation provides for the detailed procedural matters in case of any damages.