Decree Regulates the National Policy on Payments for Environmental Services and the Federal Program for Payments for Environmental Services

In summary

On June 12, 2026, Federal Decree No. 13,018/2026 was published, regulating the National Policy on Payment for Environmental Services (PNPSA) and the Federal Program on Payment for Environmental Services (PFPSA), as well as establishing the Strategic Committee of the Federal Payment for Environmental Services Program (CEPSA) and the National Knowledge Network on Payment for Environmental Services (Rede-PSA).

In more detail

Federal Decree No. 13,018/2026 regulates Law No. 14,119/2021, which established the National Policy on Payment for Environmental Services (PNPSA) and the Federal Program on Payment for Environmental Services (PFPSA), in addition to establishing the PFPSA Strategic Committee (CEPSA) and the National Knowledge Network on Payment for Environmental Services (Rede-PSA).

Among the new provisions, the Decree defines the actions eligible for the PFPSA, namely:

1. Conservation and restoration of native vegetation, wildlife, and the natural environment in rural areas, particularly those with high biological diversity, of importance for the formation of biodiversity corridors, or recognized as priorities for biodiversity conservation, as defined by the agencies comprising the National Environmental System (Sisnama);
2. Conservation of remaining vegetation in urban and peri-urban areas important for maintaining and improving air quality, water resources, and the well-being of the population, as well as for the formation of ecological corridors;
3. Conservation and improvement of water quantity and quality, notably in watersheds with critical vegetation cover that are important for human water supply and animal watering, or in areas at risk of disaster;
4. Conservation of landscapes of great scenic beauty;
5. Restoration and rehabilitation of native vegetation cover in degraded areas, provided they are not designated as legal reserves or permanent preservation areas, through the planting of native species or agroforestry systems;
6. Sustainable management of agricultural, agroforestry, and agrosilvopastoral systems that contribute to carbon sequestration and retention, as well as the conservation of soil, water, and biodiversity; and
7. Conservation of areas covered by native vegetation that are subject to authorization for removal for alternative land use, ensuring their integrity beyond legally protected areas.

In addition, the Decree provides that the Ministry of the Environment and Climate Change (MMA) will act as the managing body of the PNPSA, with the following responsibilities: (i) coordinating actions among the federal government, the states, the Federal District, municipalities, civil society, and the private sector to implement the Policy; (ii) issue regulations regarding PES modalities, including their establishment, and the technical guidelines for the operation of the PNPSA; and (iii) ensure technical and operational support to CEPSA and the PES Network.

Additionally, we highlight that the Decree establishes: (a) socio-environmental safeguards applicable to public and private PES initiatives, projects, and programs; (b) requirements for PES contracts entered into by the federal government; (c) mandatory clauses in addition to those provided for in Law No. 14,119/2021; and (d) the conditions for applying the propter rem obligation to PES contracts under the PNPSA and the PFPSA.

The Decree entered into force on the date of its publication.