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Mixed committee to review bill creating new National Forestry Service

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A mixed committee will resolve one article of the bill (Bulletin 11175) that creates the National Forestry Service, after the Chamber's plenary rejected this amendment introduced during the second review by the Senate. The rest of the amended provisions, both substantive and procedural, were approved and will be part of the new law once the pending issue is resolved.

It is worth recalling that the initiative entered the Chamber's review in April 2017 and was passed by the Corporation in November of that year. The Senate, meanwhile, approved it and referred it to the third review on January 16 of this year.

The proposed new institutional framework resolves the mixed nature of the National Forestry Corporation (Conaf). That is, it transitions from being a private-law corporation with public powers. On this matter, the Minister of Agriculture, Esteban Valenzuela, emphasized that both the Comptroller General of the Republic and the Constitutional Court called for an end to this inconsistency.

Accordingly, the new entity is defined as a decentralized public service, with its own legal personality and assets. It will be overseen by the President of the Republic through the Ministry of Agriculture. For all purposes, it will be the legal successor to Conaf.

The text then specifies its objectives. Within this framework, some of the Senate's numerous amendments include defining that the Service's purpose will be the protection, promotion, conservation, preservation, recovery, restoration, management, and regulation of the sustainable use of forests and other vegetation formations in the country, as well as associated natural components.

It will also oversee the development of new forests and other vegetation formations on lands with primarily forestry suitability. Likewise, it will be responsible for protection against forest fires.

What goes to the mixed committee

Some amendments focused on the compilation of definitions, where several new concepts were added. Additionally, the Service's functions and powers were revised. These include coordinating and implementing policies and plans; developing new forests; and overseeing forestry activities, native forest recovery, and control of forest lands.

However, this section of provisions sparked recurring criticism during the debate. The issue arose when the Senate added binding force to the Service's recommendations regarding the declaration of degraded areas, which was seen as encroaching on the powers of the Biodiversity and Protected Areas Service (SBAP).

As a result, both ruling-party legislators and the government itself called for rejecting this provision, which was reflected in separate votes.

The rest of the articles were approved as proposed by the Senate, despite criticism of other provisions. Notably, the opposition called for clarification on new authorizations granted to the Service to enter private properties and use private water sources in case of forest fires. Some interventions also urged precision regarding staff transfers and the preservation of acquired rights.

On this matter, Esteban Valenzuela stated that unions were involved in drafting the law and that it was clearly established that transferred personnel would not lose consolidated rights. He also emphasized the progress made by requiring the appointment of senior leadership through the Senior Public Management system.

Participants in the debate included Marta Bravo (UDI), Marcela Riquelme (FA), Jorge Saffirio (DEM), Gloria Naveillan (IND), Diego Ibáñez (FA), Fernando Bórquez (UDI), Nathalie Castillo (PC), Félix González (IND), Marcos Ilabaca (PS), Jorge Rathgeb (RN), Daniela Serrano (PC), Jaime Sáez (FA), Felipe Donoso (UDI), Daniel Melo (PS), Carolina Tello (FA), Héctor Barría (DC), Emilia Nuyado (PS), Andrés Jouannet (AMA), and Henry Leal (UDI). From the Executive branch, Minister Valenzuela and Environment Minister Maisa Rojas participated.

Other amendments to the National Forestry Service

The Senate did not make major amendments to the provisions related to the Advisory Council or the Service's organizational structure. Exceptions include the addition of specific powers for the national deputy director and regional offices.

There were also new clarifications regarding personnel-related regulations. Some amended matters include staff assignments, training, disciplinary responsibility, and termination of employment.

Similarly, a revised wording was introduced for the National Plan for Reducing Forest Fire Risks. Here, for example, the Service's exceptional powers in this area are detailed.

Finally, the framework of transitional provisions was expanded. Among the addressed matters are rules for transferring personnel and assets from Conaf to the National Forestry Service, as well as authorizations for staffing, deadlines for issuing regulations, agreements with related entities, and budget allocations, among other points.