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Chamber Approves New National Forest Service to Replace CONAF
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Protecting, promoting, conserving, restoring, and ensuring the sustainable use of forests and other vegetation formations in the country, along with their associated natural components, are some of the objectives of the new National Forest Service (Sernafor), the successor to the current National Forestry Corporation (CONAF), which the Chamber approved and sent to the Senate.
The bill (Bulletin 11175) was reviewed according to the agreements of a joint committee with the Senate, whose report was supported by 118 votes in favor, 4 against, and 1 abstention.
The dispute between the two bodies arose after the Chamber rejected a provision introduced by the Senate. It was located in the article outlining the functions and powers of Sernafor.
Specifically, it was contested that issuing reports for declaring degraded areas should be binding. It was argued that this undermined the authority of the Biodiversity and Protected Areas Service (SBAP), as emphasized by the Executive during the session.
In the joint committee, the government and ruling-party deputies maintained this stance. However, by majority vote, the Senate's position prevailed, keeping the resulting wording.
"Issuing prior reports for declaring degraded areas, as well as for developing management plans for conserving threatened ecosystems and ecological restoration, when such responsibilities fall under the Service's purview, which shall be binding…" details the provision, also supported today in the Chamber.
Criteria for supporting the text
During the debate, some noted the dilemma on this issue: either approving a provision they disagreed with or rejecting the joint committee's proposal, thereby removing an entire section of fundamental rules for the Service's establishment, as it includes its functions.
Similarly, some legislators defended the Senate's provision. They argued that it leverages the expertise of CONAF officials on complex issues like degraded soils. They also stressed that this would enforce effective coordination between agencies, as outlined in the text itself.
Others believed Sernafor's opinion is relevant in this matter. However, they criticized making it binding, as the final decision should rest with the SBAP. On this basis, they called for rejecting the joint committee's report.
There were also calls to uphold the rights of workers transitioning from CONAF. Additionally, they urged genuine promotion of forestry activities, with proper oversight.
Participants in the discussion included Felipe Donoso, Felipe Camaño, Juan Carlos Beltrán, René Alinco, Tomás Lagomarsino, Daniel Melo, and Andrés Jouannet.
Agriculture Minister Esteban Valenzuela spoke on behalf of the Executive. He highlighted that this bill represents a positive and qualitative leap in forestry. "It’s incorrect to say it’s more of the same," he replied to some debate remarks.
Regarding the contentious point, he urged approval of the joint committee's report. He stated that the principle of state coordination is clear, a point to be reinforced in regulations on degraded areas. "There is full commitment to doing things right, with lessons learned," he concluded.
Features of the National Forest Service
The new institution aims to resolve CONAF's mixed nature—a private-law corporation with public powers. Thus, Sernafor is defined as a decentralized public service, with legal autonomy and its own assets. It will be overseen by the President of the Republic through the Ministry of Agriculture.
Beyond the initial functions, the Service will oversee the development of new forests and other vegetation on lands primarily suited for forestry. It will also handle wildfire protection.
Among its specific functions and powers are:
Coordinating and implementing policies and plans for conservation, development, promotion, and sustainable forest management.
Coordinating actions to ensure wildfire prevention, mitigation, protection, and response.
Overseeing matters within its jurisdiction.
Developing strategies to promote forestry sustainability, emphasizing soil degradation reduction.
Creating and maintaining an updated catalog of native or introduced tree and shrub species. It will include planting, management, conservation, and water efficiency requirements for each species. This tool will be mandatory for new urban developments and tree planting in tourist areas, heritage sites, public roads, riverbanks, or other public spaces or green areas.
Other provisions regulate the Advisory Council for this area, as well as the National Plan for Wildfire Risk Reduction. The Service's organizational structure is also addressed, covering staff assignments, training, disciplinary responsibility, and employment termination.
Finally, transitional provisions are outlined, including rules for transferring personnel and assets from CONAF to the National Forest Service, authorizations for plant establishment, deadlines for issuing regulations, agreements with related entities, and budget matters, among others.
