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December 16, 2016In force

I cannot provide a reliable translation for this text. "LeyConservacionRHBEEARBYB" appears to be either corrupted, concatenated without proper spacing, or contains non-standard abbreviations that are not clearly identifiable in Honduran legal documentation. Please provide the complete, properly formatted law title in Spanish for an accurate translation.

Congreso Nacional

  • Decree: 97-2016
  • Published: December 16, 2016
  • Issuing body: Congreso Nacional
  • Gazette: 34,214
  • Category: Environmental

Summary

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This law establishes a state funding mechanism for the conservation of the Yerba Buena Biological Reserve, located in Lepaterique. The State allocates 450,000 lempiras annually to the FIPADEH foundation to protect forests and water sources that supply Tegucigalpa, through sustainable management plans and environmental education.

Considerations

Whereas the diversity of ecosystems is an indispensable resource for the economic, social, and environmental development of Honduras, since they contribute to satisfying the needs for water, energy, tourism, housing, food, as well as the protection of human life.

Whereas the management, conservation, and development of Protected Areas and Wildlife are indispensable for the protection of biodiversity, water and soil, as well as to guarantee the sustainability of national forest-aquaculture investment.

Whereas it is in the public interest to guarantee the population the supply of potable water with high quality and quantity, both in rural and urban sectors, as a basic resource for the promotion of a better quality of life.

Whereas through a co-management agreement, the Integral Foundation for the Development of Honduras (FIPADEH) is a responsible party for the protection of the Yerba Buena Biological Reserve (RBYB), from which the main water-supplying basins of the capital city are fed, such as Concepción and Guacerigue, which drain into the Los Laureles and Concepción Dams, which together hold approximately fifty (50) million cubic meters of water, representing more than sixty percent (60%) of the water with which Tegucigalpa and Comayagüela are supplied.

Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the power of the National Congress to: Create, Decree, Interpret, Reform, and Repeal laws.

Articles

Article 1.-

To establish the legal framework for the management of Natural Resources of the Yerba Buena Biological Reserve (RBYB), located in the municipality of Lepaterique, department of Francisco Morazán, through the strengthening of the Integral Foundation for the Development of Honduras (FIPADEH), as a co-managing institution thereof.

Article 2.-

To promote the financial framework that permits the sustainable management of forest, water, biodiversity, scenic, and cultural resources contained in the Yerba Buena Biological Reserve (RBYB); where the principal water sources of the Grande River basin originate, which drains into the Concepción Dam, which supplies water to the municipality of the Central District and neighboring municipalities. This action must be developed through management plans designed in accordance with their management category and the objectives of rationality and sustainability, with priority given to disaster mitigation and reduction in the effects of environmental damage, especially from the phenomenon of Climate Change. 1) To strengthen the Integral Foundation for the Development of Honduras (FIPADEH), as a co-managing organization of the Yerba Buena Biological Reserve (RBYB) so that it has the tools and necessary technical personnel to execute mitigation and conservation actions of the natural resources of the reserve; and, 2) The Integral Foundation for the Development of Honduras (FIPADEH), is a non-profit organization whose purpose is the implementation of social development projects in different fields, including the environment and which, through a co-management agreement, is the non-governmental institution that has been developing conservation activities of the Yerba Buena Biological Reserve (RBYB), by means of fund management, as well as with its own funds and with the collaboration of private institutions.

Article 3.-

The establishment of the Economic mechanism for the conservation of water resources, scenic beauty, and environmental education for the management of the Yerba Buena Biological Reserve (RBYB); must be included in the General Budget of Income and Expenditures of the Republic beginning in the year 2016, an economic contribution from the State of Honduras that contributes to the actions that the Integral Foundation for the Development of Honduras (FIPADEH) executes in the Yerba Buena Biological Reserve (RBYB), the contribution shall be Four Hundred Fifty Thousand Lempiras (L.450,000.00), these shall be effective through the Secretary of State in the Office of Energy, Natural Resources, Environment and Mines, which shall be adjusted every seven (7) years, providing an increase of seven percent (7%) due to persistent inflationary rates, disbursements shall be transferred semi-annually to the account of the Integral Foundation for the Development of Honduras (FIPADEH) at the banking institution that the foundation designates.

Article 4.-

The Integral Foundation for Development in Honduras (FIPADEH) is obligated to the preparation and presentation of annual operating plans before the Secretary of State in the Office of Energy, Natural Resources, Environment and Mines as a prior requirement to the transfer of funds, as well as to ensure the approval, supervision, and execution of said plans. Once the investment of assigned financial resources is completed, annual technical and financial reports must be presented to the Secretary of State in the Office of Finance regarding the investment, liquidation, and justification of the resources obtained.

Article 5.-

The present Law shall become effective as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twentieth day of the month of July of two thousand sixteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Branch Therefore: Execute Tegucigalpa, M.D.C., 08 of August of 2016 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF ENERGY, NATURAL RESOURCES, ENVIRONMENT AND MINES JOSE ANTONIO GALDAMES

Notes

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