RP896 V1
Public Disclosure Authorized World Bank Loan Funded Turpan Water Conservation Project in Turpan Prefecture, Xinjiang, P. R. China
Resettlement Action Plan (RAP) for Construction of Alagou Reservoir Public Disclosure Authorized
Public Disclosure Authorized
Water Resources Bureau of Turpan Prefecture, Xinjiang Uygur Autonomous Region September 2009 Public Disclosure Authorized
People’s Government of Tuokexun County, Xinjiang Uygur Autonomous Region Tuokexun County Government Document No. (2009) 113
Re: Commitment Letter for Resettlement of the Alagou Reservoir
World Bank Beijing Office,
As a comprehensive project with multiple benefits and functions including irrigation, water supply to the industrial development district and the South Mountain Mining Area and flood control, Alagou reservoir is an important water conservancy project to Turpan Prefecture of Xinjiang Uygur Autonomous Region. The reservoir is planned to have a total storage of 39 million m3 at its normal storage water level of 944.5 m, and a river barrage dam of 105.26 m in height. It will serve 107 thousand mu of irrigated area and be responsible for water supply to the industrial development district and the irrigation areas at the downstream, and will protect the South main line of Xiniang optical fiber cable, the county seat of Tuokexun County and Yilahu township. Construction of the reservoir will not involve resettlement of people, but compensation for and relocation of inundated physical objects. The inundated physical objects include privately, collectively owned ones and state-owned ones (belonging to the State Resources Committee).
In order to properly implement resettlement of the Alagou reservoir, Tuokexun County has established Project Leading Group and Resettlement Office. The people’s Government of Tuokexun County herewith commits to follow requirements stipulated in the Regulations for Resettlement of the People’s Republic of China, the World Bank OP 4.12 “Non- voluntary Resettlement” and its annexes (effective as of January 01, 2002) and the Resettlement Action Plan for Construction of Alagou Reservoir in implementing resettlement activities for construction of the reservoir.
November 25, 2009 (with a seal of the People’s Government of Tuokexun County)
g2g Table of Contents
Purpose of This RAP and Definitions of Terms Used ...... 5 1 General Description...... 7 1.1...... Brief Introduction 7 1.2...... Scope of Impacts and Services of Project 7 1.3...... Project Design and Review 8 1.4...... Measures for Mitigating Unfavorable Impacts 8 1.5...... Preparation of RAP 10 1.6 References and Objectives of RAP ...... 11 2 Brief Introduction of Natural, Social and Economical Conditions of Project Influenced Area... 13 2.1...... Natural Conditions 13 2.2...... Brief Introduction of Social Economy 15 2.3...... Basic Data of Production and Livelihood of Affected Households 16 3 Project Impacts...... 18 3.1 Project Impact Survey ...... 18 3.2...... Land Affected 24 3.3...... Permanent Land Requisition 26 3.4...... Temporary Land Occupation 26 3.5...... Buildings to be Submerged 26 3.6...... Institutes and Organizations Affected 28 3.7...... Population Affected 28 3.8...... Land Affiliated Facilities Affected 29 3.9 Other Impacts ...... 30 3.10 Results of Social Economical Investigation in Project Area ...... 31 4 Resettlement Policy Framework...... 33 4.1 Policies Used as References...... 33 4.2 Relevant Legal Regulations...... 33 5 Resettlement Action Plan ...... 56 5.1 Guidelines and Principles for the Resettlement...... 56 5.2 Task and Objectives of the Resettlement...... 56 5.3 Overall Plan for the Resettlement...... 56 6 Reservoir Bottom Cleaning Plan...... 59 6.1 Cleaning of Reservoir Bottom...... 59 6.2 Scope of Reservoir Bottom Cleaning...... 59 6.3 Technical Requirements for the Reservoir Bottom Cleaning ...... 59 6.4 Cost Estimate of Reservoir Bottom Cleaning...... 60 6.5 Implementation and Acceptance of Reservoir Bottom Cleaning...... 60 7 Development and Utilization Plan of the Reservoir Area ...... 62 7.1 Preliminary Proposal for Tourism Development...... 62 7.2 Preliminary Proposal for Fishery Development...... 62
g3g 8 Plan for Recovery and Reconstruction of Structures for Specialized Activities...... 64 8.1 Principles for the Recovery and Reconstruction ...... 64 8.2 Plan for Reconstruction of Power Transmission Line...... 64 8.3 Plan for Recovery and Reconstruction of Alagou Hydrological Station ...... 64 8.4 Plan for Disposal of Cultural Relics and Historic Sites...... 64 9 Cost Estimate for Compensation of Land Acquisition and Resettlement...... 65 9.1 References Used in the Estimation of Compensation ...... 65 9.2 Principles Used in Preparing the Cost Estimate of the Compensation...... 66 9.3 Definition of Compensation Standards...... 66 9.4 Total Investment for Land Acquisition and Resettlement of the Reservoir Construction69 9.5 Management of Inundation Compensation Funds...... 71 10 Resettlement Organizational Structure...... 74 10.1 Institutional Structure Established for the Resettlement...... 74 10.2 Staffing of Resettlement Organization ...... 78 10.3 Institutional Responsibilities and Relationships...... 78 10.4 Measures to Strengthen Institutional Capacity...... 80 10.5 Qualifications of Resettlement Organizations and Individuals Involved in the Resettlement...... 81 10.6 Measures to Strengthen Capacity of the Resettlement Institutions ...... 81 11 Pubic Participation and Grievance Procedure ...... 82 11.1 Public Participation ...... 82 11.2 Grievance Procedures...... 85 12 Monitoring and Evaluation Mechanism ...... 87 12.1 Internal M&E ...... 87 12.2 External Independent M&E...... 88 13 Plan for Report Preparation...... 92 13.1 Resettlement Action Plan (RAP)...... 92 13.2 Resettlement Progress Report...... 92 13.3 Independent Resettlement M&E Report...... 93
Annexes: Annex 1 Results from Survey of Physical Objects to Be Inundated by Alagou Reservoir construction Annex 2 Response to Pre-review Comments on Land Acquisition of Alagou Reservoir Construction in Tuokexun County (Document No. [2007]40 issued by Xinjiang Land Resources Bureau) Annex 3 Letter of Comments on Cultural Relic Protection in Construction of Alagou Reservoir in Tuokexun County, Turpan Prefecture Annex 4 Relocation Program for Alagou Hydrological Station Annex 5 Confirmed Statistics of Inundated Forest by Tuokexun County Forestry Bureau Annex 6 Confirmed Statistics of Affected State-owned Assets in the Alagou Reservoir Area by Tuokexun County National Asset Management Bureau Annex 7 Ownership Rights to the Inundated Land in the Alagou Reservoir Area Confirmed by Tuokexun County Land Resources Bureau
Attached Map: Sketch Map of Inundation by Alagou Reservoir
g4g Purpose of This RAP and Definitions of Terms Used
This RAP is prepared in compliance with requirements in both relevant national and regional laws and regulations of the People’s Republic of China and OP 4.12 “Involuntary Resettlement” of the World Bank. The purpose of this document is to work out an action plan for the resettlement to ensure that the resettled people will benefit from the project and their living standards are improved, or at least resumed after completion of the project.
During implementation of development project, acquisition of land and other properties may cause negative impacts to people working in the land area or relying on the land to make a living. “Project affected people” refers to those whose production or lives have been negatively affected by land acquisition under the project, including:
(1) Those whose land (including housing land, land for public facilities, land used for agriculture, forestry, animal husbandry, fishery production and by-line production purposes.), buildings (private houses and the auxiliary buildings, factory buildings or public buildings, etc.), equities or properties have been partially or wholly acquired or occupied, temporally or permanently.
(2) Those who use the above mentioned land, buildings or properties, or whose business, profession, job, residing area or living habit have been negatively affected.
(3) Those whose living standard has been negatively affected by land acquisition under the project.
The definition of “Project affected people” is:
“Project affected people ” refers to those whose living standard is impacted or will be impacted negatively due to implementation of the project, or whose ownership, right or interest thereof any house buildings, or land (including housing land, farm land and pasture land) or other movable or immovable property is acquired temporally or permanently; or those whose business, profession, job, residing area or living habit is negatively affected.
“Project affected people” may be individuals, or legal persons of enterprises or public institutions. Definition of the “Project affected people” does not have restrictions by the status of legal registration, or by permission for living or business operation within the land area, or limit on compensation to properties, i.e. the “Project affected people” include:
(1) All affected people regardless of their legal right or equity status or their presence when their property is being acquired.
(2) People without permission for residing in a specific area.
Therefore, all those as mentioned above shall be regarded as “Project affected people” and shall be recorded.
If the acquired land or property is used by more than one person or one household, the compensation shall be made and recovery shall be conducted to all those people based
g5g on their losses and impacts on their rights or living standard. The definition of the “Project affected people” directly relates to the negative impacts on the people regardless of their legal rights or interests.
All people who are affected by the project should be compensated in order to improve or at least restore their living standard, and their losses of properties should be compensated. Loss of property should be compensated at replacement price, no depreciation or discount based on other reasons is allowed in making the compensation. All people affected by the project should be enabled to exercise their rights to get compensation to the impacts on them. Meanwhile, subsidies should be provided to them in addition to the compensations to their losses of properties, so that their living standard can be recovered. Those who are affected by the project but have no legal rights to the properties, entities or residing area, or permission of business operation, land reclamation or building, should be regarded equally to those who have legal property rights, equities or official permission as entitled to obtain compensations to recover their living standard.
Definition of “Resettlement”:
“Resettlement” refers to arrangement made for production and living of the project affected people to enable them to benefit from the project, including mainly:
(1) Moving them out off their original living spaces;
(2) Finding new employment positions for the project affected people;
(3) Recovering (or compensating) the affected land, working spaces, trees and basic infrastructures;
(4) Resuming living standard of project affected people whose living standard (life quality) is negatively impacted by land acquisition (or pollution of toxic gas, etc);
(5) Recovering or compensating individuals, enterprises or public institutions that are affected by the project;
(6) Recovering negative impacts on culture or public properties.
Definition of “Recovery”:
“Recovery” refer to resuming the production and living capabilities of the project affected people to enable them to continue their production and living activities, or improving, or at least maintaining their level of living standard before the project.
This RAP has the purpose of providing a recovery plan for the project affected people, ensuring that their losses get compensated and their living standard get improved or at least maintain the current level. To achieve this, the RAP puts forward recovery measures to recover the incomes of the project affected people, so that they can maintain their living. Similarly, the affected business or production resources (including shops, enterprises), public properties, basic infrastructures and cultural properties will also be improved, or at least resume to the level before project.
g6g 1 General Description
1.1 Brief Introduction
Alagou Reservoir will be located at the downstream reaches of Alagou River, 3.8km~7.5km upstream to the mountain pass, within the Nanshan Mine area of Urumqi, to the west of Tuokesun County of Xinjiang Uygur Autonomous Region, longitude east 87º48 87º50 and latitude north 42º48 42º50 . Alagou Reservoir Project will be a key control project serving Alagou River, Tuokesun County and the area of two river basins. The Project is designed to be a complex works playing the roles of flood control, irrigation, water supply, ecological protection, etc., with a catchment area above the proposed dam site of 1842 km2, total reservoir capacity of 45.67 million cubic meters, dam height of 82m, irrigation area of 122,000 mu, water supply services for downstream Tuokesun County Industry Part and Nanshan Mine area, flood control services for Alagou canal headworks, Alagou main diversion channel, Qingnian main channel, Southern Xinjiang railway, Southern Xinjiang communication optical fibre main stem, National road No.312, Provincial road No. 307 as well as Tuokesun, YiLaHu, etc. totally 3 townships at the downstream.
Alagou Reservoir Project will consist of a dam, a spillway and irrigation outlet works. An asphalt and concrete core dam will be employed with a total length of 332m and a height of 82m. The spillway will be a riparian type, arranged on the left bank besides the main river course, in a linear alignment, with an angle of 77°between its longitudinal axis and dam axis, and gated. The spillway will include four parts: headrace channel, gated section, discharge chute and energy dissipation works. The irrigation outlet works will be arranged on the left bank to do irrigation and water supply for Nanshan Region, containing approach channel, tower intake gated section, non-pressure tunnel section, exposed channel, hydraulic jump energy dissipator.
Alagou Reservoir is designed to be multi-purpose complex works with a total capacity of 45.67 million cubic meters and functions of flood control, industrial water supply, agricultural irrigation and ecological protection. In accordance with the Standard for Classification and Flood Control of Water Resources and Hydroelectric Project, SL252-2000, Alagou Reservoir is defined to be a Class III, medium project. The hydraulic structures are categorized as: for the main structures, dam of Grade 2, sediment flushing and discharge outlet of Grade 3, irrigation outlet of Grade 3, spillway of Grade 3; secondary structures of Grade 4; temporary structures of Grade 5.
1.2 Scope of Impacts and Services of Project
A. Project Impacts
Alagou Reservoir will be located 3.5km upstream to the mountain pass of Alagou, 70 km west to Tuokesun County. The total area that will suffer the impacts of submergence of the Alagou Reservoir will be 3.17km2 including two parts: (1) rural area: farmland to be submerged of 146.9 mu. Those farmland is not the land allotted for private use and not registered with the collective, defined as Grade III farmland. 1432 fruit trees to be submerged, mainly concerning peach, apricot and apple; 22366 forest trees, mainly concerning mulberry, elm, willow and Alamo, etc. The aforesaid fruit trees and forest trees are contracted by the private. brick-concrete
g7g bungalows to be submerged of 803.7m2 brick-concrete storied buildings of 3793.3 m2 workshops pf 487.5m2 other buildings of 310.3m2 affiliated buildings such as sheep pens, etc. specific facilities: Alagou Hydrological Station in need of resettlement; flood dike of 6.5 km, communication line of 4 km and transmission line of 3 km to be submerged; 33 tumulus.
B. Scope of services
Alagou Reservoir will be of the important water works in the recent national economical development program in Tuokesun County. The reservoir can satisfy water demands of the downstream irrigation districts (YiLaHu Township, BoSiTan Township, Nanshan Mine Area, Tuokesun Industry Park), upgrade flood control standard and provide a dependable water source to guarantee the industrial and agricultural development of Tuokesun County.
The reservoir construction will submerge partial land and housing of Tuokesun County. Both YiLaHu Township and BoSiTan Township will be the benefited area after the project.
The project implementation will effectively improve local environment, upgrade local flood control standard, speed up economical development, enhance investment environment and create the conditions favorable for sustainable development of the county.
1.3 Project Design and Review
Alagou Reservoir Project Proposal was finished in December 2001 and has been reviewed by the Development and Reform Committee and Water Resources Bureau of Xinjiang Uygur Autonomous Region. On Feb.8, 2002, this Proposal was submitted to NDRC and MWR in the Document of “Request for Instructions of Proposal of Alagou Reservoir Project in Tuokesun County of Xinjiang Uygur Autonomous Region”, XinJiNongJin [2002] No.191, reviewed by the Yellow River Conservancy Commission of MWR, submitted again on March 19, 2003 by the Yellow River Conservancy Commission to MWR in the Document of “Report Concerning the Review on the Proposal of Alagou Reservoir Project in Tuokesun County of Xinjiang Uygur Autonomous Region”, HuangGuiJi [2003] No.14, passed the MWR’s ministerial review meeting on April 21, 2004, and finally submitted by MWR to NDRC for approval and pass for launch in the Document ShuiJiGuiZi [2004] No. 228 on July 2, 2004. As so far, the Proposal of Alagou Reservoir Project has been approved and passed for launch by the Development and Reform Committee of Xinjiang Uygur Autonomous Region in the Document of “Written Reply on the Request Concerning the Ratification for Alagou Reservoir Project in Tuokesun County of Turpan Prefecture”, XinFaGaiNongJing [2008] No.847. The Feasibility Study of this project has been finished and passed the review by the WRB of Xinjiang Uygur Autonomous Region. The WRB of Xinjiang Uygur Autonomous Region has issued the written reply concerning the review. The first draft of the Preliminary Design Report has been finished and submitted for review.
1.4 Measures for Mitigating Unfavorable Impacts
1.4.1 Planning and Design Stage
g8g During the planning and design stage of the project, design institute and Project Owner has taken a number of effective measures to mitigate unfavorable impacts of the project on local social economy.
1 during planning stage, optimization, comparison and selection among the project development alternatives have taken into account as far as possible the impacts of the project on local social economy and considered this as crucial factor addressing to the optimization, comparison and selection of the alternatives;
2 dam site will be located at narrow, steep and uninhabited region to limit dismantling and relation of housing as well as requisition of farmland. Dam height and various water levels will be determined to minimize the unfavorable impacts;
3 Both permanent and temporary structures of the project will give full consideration to the economy and benefit. The constructions of those structures will lie at deserted sloped area to limit dismantling, relocation and land requisition;
4 optimize construction design, shorten construction period, schedule housing relocation and construction in a rational manner, and limit the impacts of project development on the local area.
1.4.2 Construction stage 1 strengthen public participation mechanism
Before constructions, public notice will be made with the project influenced area and resettlement area to explain project launch time, construction schedule, land requisition, resettlement and relocation, related compensation policies, and to ask for supervision; during construction period, local material will be given priority. Local transportation and labors will be considered first if technologies allow. Those measures can benefit the influenced people directly.
2 dust mitigation measures
In order to maintain a clean and relatively comfortable construction environment and limit the impacts of project construction on the ambient environment, in case of continuous sunny and windy days, sprinkle water on access road where the population is dense and on various construction paths to lay down dust. Construction Contractors will plan and arrange timely the transportation lines of rock and soil cuts. No over loading may be allowed. Necessary measures will be taken to make sure no dust dispersion and muck falling down from time to time along the travel line and keep a neat environment.
3 strengthen security of construction area and control of epidemic disease
Project constructions will attract a huge number of persons to carry out various jobs at the construction site. In order to maintain the public security, take care of the health of the public, put an end to the occurrence of fights and bustups and control breeding and spreading of epidemic diseases, the Construction Contractors will take following measures:
g9g Before mobilization of construction contractors and their personnel, dissemination should be given to them with regard to construction site security rules, hazards of various epidemic diseases and infectious causes and infectious avenues. The knowledge disseminations can be done in ways of “public notice” or pictures posted at entertainment sites and temporary living area to enhance knowledge propaganda;
Local police stations will be requested to assign policemen to patrol construction site periodically. Construction personnel will be required to receive inspection, prevention and cure of epidemic diseases from local Centre for Disease Control and Prevention;
Each Construction Contractor will be required to clean up living garbage left on the construction site in accordance with the regulations of local environmental protection agents to maintain a clean construction site and prevent the breeding and spreading of epidemic diseases.
1.4.3 Project RAP and Implementation In case land requisition and resettlement unavoidable, the measures shall be done as follows to limit the impacts of project development on the local area:
1 strengthen base-line data collection, conduct in-depth analysis on the status-quo and future development of local social economy, bring forward a workable and practical RAP based on local reality, and guarantee and maintain current livelihood of the people who will suffer the impacts from the project against worsening.
2 strengthen internal and external monitoring, create an high efficient and smooth feedback mechanism and channel, shorten information handling cycle, and ensure timely solutions to various problems to be encountered during project implementation.
3 During construction period, Construction Contractors will be requested to carry out activities during slack farming season or intermediate period between cropping turns so as to limit the impacts of project development on local production.
1.5 Preparation of RAP
A. Investigation of project impacts From August 10 to 15, 2007, led by the Tuokesun County Government, Project Owner (Turpan Prefecture WRB) organized all related departments, local institutes forming an investigation group. With the technical assistance from Hunan Provincial Water Resources and Hydropower Design Institute, this investigation group conducted a 6-day survey over all inventory indexes item by item with strong supports from the governments at various levels, village committees and relocates. The investigation targets are categorized as land requisition, dismantling of housing and affiliated facilities, occasional logging of fruit trees, relocation/rehabilitation of specific items, population suffering from land requisition and housing dismantling. All investigation results have been accepted by the relocatees and related agents. Since the development of Alagou Reservoir in Tuokesun County and exploration of Nanshan Mine area both have been determined, related agents of Xinjiang Uygur Autonomous Region re-set out the jurisdiction of proposed Alagou Reservoir site and
g10g Nanshan Mine area, and allotted to the command area of Tuokesun County the Alagou Reservoir and old site of Nanshan Mine at the beginning of 2009. Because the ownership of the reservoir is changed, in order to investigate the impacts of reservoir submergence, Tuokesun County WRB in collaboration with County National land Resources Bureau, County Forest Bureau and other related agents re-conducted inventory indexes of reservoir submergence in the last ten-day of August 2009. All investigation results have been accepted by the concerned sides and related governmental agents.
B. Social and economical investigations In order to analyze project impacts and bring forward a workable and practical RAP, Construction Contractor (Turpan Prefecture WRB) organized related agents of Tuokesun County carrying out specific social/economical investigations and resettlement condition investigations within project influenced area and resettlement receipt area (townships, villages, villager groups). Investigation methodologies are of collection of existing statistics data and spot check in the field. The analysis on the status-quo of social economy of local area and actual production and livelihood of local residents has been done based on investigation results.
C. Resettlement planning Since this project has no resettlement problem, no resettlement planning is needed.
1.6 References and Objectives of RAP A. Policy References
1 Law of the People’s Republic of China on Land Administration (revised on Aug. 28, 2004)
2 Regulations for Land Acquisition Compensation and Resettlement for Construction of Big and Medium Size Water Resources and Hydropower Projects (State Council Order No. 471)
3 Tentative Regulations for Collection of Arable Land Occupancy Tax of the People’s Republic of China (effective as of Jan. 01, 2008)
4 Method to Implement the Law of the Republic of China on Land Management in Xinjiang Uygur Autonomous Region (effective as of October 01, 1999)
5 Implementation Method for Collection of Arable Land Occupancy Tax in Xinjiang Uygur Autonomous Region (effective as of September 09, 2008)
6 Circular by Xinjiang DRC (Development and Reform Commission) and Finance Bureau) on Distribution of the Standard for Administrative Charging for Land Management by Xinjiang Land Resources Management System (Xinjiang DRC Document 2001 No. 500)
7 Norms for Design of Land Acquisition and Resettlement for Construction of Water Resources and Hydropower Projects (SL290-2003)
g11g 8 World Bank OP 4.12 “ Non-voluntary Resettlement” and its annexes (effective on January 01, 2002).
B. Objectives
1 Try to avoid or minimize physical land acquisition or resettlement by engineering, technical and economy measures. Try to minimize negative impact to local residence when physical land acquisition or resettlement is inevitable.
2 To prepare the resettlement plan and conduct social-economic survey during preparing period.
3 Resettlement is based on physical objects and compensation criteria so as to lift or at least keep the original living standard of the resettlers.
4 Development resettlement methodology is inspired. Rural resettlement based on land area and other job opportunities in the secondary and tertiary-industry should be considered.
5 Inspiring resettlers and original residence to participate in resettlement planning.
6 Resettlers shall be resettled in the original community.
7 Both the resettlers and the original residence shall benefit from the project.
g12g 2 Brief Introduction of Natural, Social and Economical Conditions of Project Influenced Area
2.1 Natural Conditions
A. Natural and geological characteristics of Tuokesun County Tuokesun County is within the command area of Turpan Prefecture in Xinjiang Uygur Autonomous Region. It lies to the west of Turpan Basin, at the south range of Bogda Peak in Tianshan Mountains. At the north side, it is 162 km far away from Urumqi City and neighbors Urumqi County; at the south side, it reaches Kuluketage Mountain and joins Yuli; at the west side, it connects with Heshuo and Hejing Counties; at the east side, it is 51 km away from Turpan City and neighbors Turpan City. Tuokesun County is located within longitude east 87°14 15 89°14 08 , latitude north 41°21 14 43°18 11 , about 204 km long in south-north direction, and 146 km wide in east-west direction, with a total area of 17,342 km2. It covers the townships of Xia, GuoLeBuYi, YiLaHu, BoSiTan, Tuokesun, KuJiaYi, KuMiShi, fine seed nursery farm, forest farm, and 45 administrative village committees.
Tuokesun County is surrounded by mountains in three sides as Bogda Mountain in its north side, Karawushen Mountain in its west side, Jiaoluotage Mountain in its south side, dipping toward Aydingkol Lake in its east side, showing a dustpan landform as three sides of mountain barriers and flat low east. Topographically, it is high at northwest side and low at southeast side. Its mountainous region ranges from El.1000 m to El.5445 m. Its oasis is located at alluvial pluvial plains ranging from El.-125 m to El.200m. Its lowest point is at El.-125m. The level line of El.0 m crosses through the County seat centre.
Tuokesun County is the hinterland of Euroasia Continent. Topographically, it has mountain barriers at its north, west and south sides and low-lying landform which blocks the entrance of cold and wet air. Its plain region has a typical continental dry climate, featuring extreme hot, dry, strong wind, rare precipitation, high evaporation, neglectable annual temperature variation, significant daily temperature difference, long frost-free period. Those features provide a climate favorable for planting grape, cotton, melon and fruit trees. Tuokesun County has a mean annual temperature of 13.8 , average highest temperature in July of 32.3 , average lowest temperature in January of -9.3 , annual temperature difference between the highest and the lowest of 41.6 , the days steadily above 5 as long as 242 days which provide a long growth period for crops, the days higher than 35 as long as 100 days, extremely highest temperature of 48 , extremely lowest temperature of -25.5 , accumulated temperature of 5334.9 of the days 10 . In addition, Tuokesun County has a significant diurnal temperature range with annual average diurnal temperature range of 14.6 and the biggest diurnal temperature range of 17.9 in Autumn. In plain area, the mean annual frost-free period is as long as 219 days, the longest of 232 days and the shortest of 185 days. Precipitation is quite rare in the river basin and distributing in an uneven way as more in mountainous area and piedmont alluvial fan but less in plain. Precipitation has minor annual variation but significant seasonal variation. The plain area has an annual average precipitation of only 6.33 mm and some 0.5 mm in extremely dry year (1968), which gains a continuous non-rainy period as long as 298 days and constitutes one of rare rainy regions in China. Besides, the plain area has an annual evaporation of 3744mm, the maximum annual evaporation of 4107mm, and
g13g the minimum annual evaporation of 3400mm. The evaporation is 595 times the precipitation.
All water systems in Tuokesun County originate from the northern and western mountain ranges, consisting of 2 water systems and 6 gullies, namely Baiyanghe water system (including Ke’ErJianGou and BaiYangHe River) and Alagou water system (including Alagou, Yu’ErGou, WuSiTongGou, ZhuNuMuTu). Except Ke’ErJianGou originates from Tuokesun County itself, the remaining 5 gullies originate outside of Tuokesun County.
Whole Tuokesun County region has a total runoff of all water systems of 441.16 million m3, and exploitable groundwater is 201.68 million m3. However lagged irrigation modes such as flooded irrigation, border irrigation lead to gross irrigation quota more than 1000 m3 per mu, and significantly reduce the utilization efficiency of water resources. It is well known that agricultural irrigate water accounts for 90% approximately of total water consumption of Tuokesun County. Because the water consumption is increased year by year, the groundwater table has been descending faster in recent years, and grave overdraft occurs in some local area.
Special tectonics and tectonic movement of Tuokesun County contributes the formation of rich mineral resource. There are totally 30 kinds of minerals and about 40 mines, including 4 large-scale mines and 7 middle-scale mines, nearly 30 small- scale mines and 24 kinds of minerals, with the reserves of uranium taking the second in China.
The superiority of mineral resources herein lies in coal, charcoal, bentonite, salt, silver, serpentinite, smectite, glauber’s salt, asbestos, totally ten varieties. Smectite is one of extremely rare valuable nonmental minerals in the world. Wild animal resources are wild rabbit, fox, wolf, snake, yellow goat; medicinal plants are alhagi, liquorice, mulberry and H. persicum, etc.
B. Natural and geological characters of reservoir submerged area Alagou Reservoir will be located at a canyon in a mountainous region without large reservoir bed. The riverbed at the proposed dam site area is about 130 m wide, and the water profile has a gradient of 20‰ approximately. Alagou Reservoir Project has a convenient traffic condition. There is an asphalt pavement road accessible which the traffic of submerged area relies on.
The climate in the reservoir area is quite different from that in the Tuokesun County plain area. It features more cold in summer comparing with the plain area, mean annual average temperature of 9.7 , extremely highest temperature of 42.8 , extremely lowest temperature of -23.5 , mean annual average precipitation of 44.8mm, mean annual average water surface evaporation of 2089.3mm ( 20cm observation data), mean annual average sunlight hours of 3143.5h, mean annual average relative humidity of 40%, mean annual average wind speed of 3.5m/s and the maximum wind speed of 40m/s.
The reservoir area is nonresidential. There are only few of privately cultivated land for planting vegetable use, some disused housings and scattered trees. There will no submergence concerning grassland and animal husbandry.
g14g C. Engineering geological brief of reservoir submerged area The geological survey report indicates that the reservoir area will be located in a canyon of mountainous region, surrounded by high, steep, magnificent and extensive mountains. Because local area has a very dry climate and rare precipitation, geological mapping shows that there are no high permeable strata in the baserock of reservoir area. It is proofed by the water pressure test that the permeability of strong weathered layer or partial weakly weathered layer is larger, while slightly weathered layer and fresh rock mass has a low permeability even imperviousness.
The lithology of reservoir area consists of silicic volcanic detrital rock based tuff siltite, tuffaceous sandstone, silica rock and calcium intercalated argillaceous shale of the second subgroup D3tb of TianGeEr Group under upper Devonian series. Alluvial pluvial deposited pebbles intercalated with sand gravels of the Quaternary are distributed on the terraces of both river banks and in the riverbed. Q pl , colluvial Qcoll and deluvial Qdl detrital soil is distributed at gulley mouths (to form pluvial fan ), escarpment foot and slope toe.
The proposed dam site area is located at the southern side of Tiekedaban sheaf-like tight symmetrical fold building of N-W tectonic belt in Variscan tectonic zone. It lies at the S-W range of the eastern end of the largest anticline in this tectonic belt which is basically a monoclinal structure. The general strike of the strata hereof is N70°~45°W, forming an angle with the river flow direction ranging between 20°and 45°, with dip amount varying from 50°to 80° due westsouth (toward upstream on the right bank). Influenced by the major fault through the Xia’erga Tianshan Mountain Range, this area has experienced a number of tectonic movements, the strata herein shows a strong crumpling, compresso-shear structural faults of N-W, N-E and approach S-W are comparatively quite developed but with small scales generally. The trend of main joints is NWW in parallel with the bank slope with dip amount varying from 60° to 70°. Under the actions of stress release, the main joints of NWW form a stress-release joint belt.
The hydrological geological conditions of proposed dam site area are relatively simple. Groundwater comes from pore water of Quaternary and crack water in baserock. The chemical contents of surface water and groundwater in the dam site area are HCO3— K+Na •Ca•Mg, showing a weak alkaline nature which is harmless to the concrete.
2.2 Brief Introduction of Social Economy
Tuokesun County is one of main bases producing high-quality special agricultural products and livestock. There are a batch of special agricultural products and livestock taking high market shares and acknowledged by customers, such as peanut, grape, melon, cumin, beef and mutton.
By the end of 2005, Tuokesun County has a population of 109,500 consisting of 12 groups as Uygur, Han and Hui, etc. Included in the total population, ethnic group people total 90,523, accounting for 84%; Han group people total 17,245, accounting for 16%; non-agricultural people total 27,900, accounting for 24.36%, while agricultural people of 81,600 accounting for 75.64%.
g15g In 2005, the total GDP of Tuokesun County was 738.25 million Yuan (ruling price, hereinafter the same), a year-on-year increase of 15.5%. Categorized based on three basic industrial sectors, the first industry increased 178.30 million Yuan, a year-on- year increase of 6.03%; the second industry increased 30.531 million Yuan, a year-on- year increase of 29.99%. Included in the increment, industry part of 142.67 million Yuan, a year-on-year increase of 19.28%; architectural industry of 162.64 million Yuan, a year-on-year increase of 40.54%; tertiary industry of 254.64 million Yuan, a year-on-year increase of 7.95%. Included in the total GDP of Tuokesun County, the first, second and tertiary industries account for 24.15%, 41.36% and 34.49% respectively.
In 2005, the total cropping area of Tuokesun County was 395,200 mu, including 146,100 mu of grain, 75,300 mu of cotton and 8,000 mu of vegetable.
Tuokesun County is exceptionally rich in its natural resources, entitled cornucopia. As so far, there are 33 varieties of minerals. The high-quality mineral resources out of them are coal, charcoal, smectite, bentonite, marble, granite, salt, glauber’s slat, asbestos, iron purite, gold, silver, etc. The coal and charcoal are rich in reserves as high as 5 billion tones and distributed at three mines of Keerjian-Buerjian, Heishan and Gancaohu. Hence, Tuokesun County is one of five biggest coal production counties in Xinjiang. Tuokesun County is list as one of energy supply bases for Xinjiang in accordance with the Master Planning of Xinjiang. Smectite is one of extremely rare valuable nonmental minerals in the world, the smectite mine herein is the second largest mine first found in China.
2.3 Basic Data of Production and Livelihood of Affected Households
Alagou Reservoir Project will influence 4 households as Messrs Wei Shouguang, Ma Decai, Chen Zhongwan and Duan Chuanlu. Although those 4 households are not formal residents within the incidence of this reservoir project, their partial trees, housings and other properties will be affected. In this case, investigations have been done with regard to the basic production livelihood of aforesaid 4 households.
Mr. Wei Shouguang, from Sichuan (his registered permanent residence still in Sichuan). He has been staying in Alagou in his own accords since the development of Nanshan Mine. His income is from planting vegetable, grain, clover, etc. As so far, he has privately cultivated land of 9.1 mu consisting of clover grass and some vegetables; he also has 433 various fruit trees, including 74 peach trees, 18 wallnut trees, 30 pear trees, 33 apple trees, 8 jujube trees and 50 apricot trees. The fruits can provide some money in support of family uses.
Mr. Ma Decai, previous staff member of Nanshan Mine. The reservoir development will influence his bungalow of 162.5 m2. Mr. Ma Decai has another fixed house in Yuergou Township. His bungalow to be affected by the reservoir is not for residential use or leased. In this case, reservoir development will not constitute a substantial impact on his income, while compensation to some extend will still be given in accordance with related policies.
Mr. Chen Zhongwan, previous staff member of Nanshan Mine. In 2007, he converted abandoned Fengshou Electric Power Plant to a livestock farm, which has been approved by the Nanshan Mine area government (this area was within the command
g16g area of Nanshan Mine at that time). Because livestock breeding needs planting fodder grass, he also applied for a forest right certificate, and started cultivating barren land and planting fodder grass. His main income is from livestock breeding. Related investigation shows that he has earned some money in 2007, however his farm made a loss as high as 200,000 Yuan in 2008. His instable income gives difficult in his income expectation. Mr. Chen Zhongwan’s house is in Yuergou Township. Although the reservoir development will affect his livestock breeding, there will still a lot of farm suitable for breeding at the upstream of the reservoir area, his business will not be influenced. But proper compensation will be given based on inventory indexes.
Mr. Duan Chuanlu, previous staff member of the South Mountain Mine. He is more than 70 years old. He lives in Yuergou Township. He has a temporary wooden cabin in Alagou nearby his cultivated land of 8.8 mu for planting corn and clover. Besides, he also has 16500 trees, but most are poplar saplings, totally 15000, few aged forest. At present, he lives on the low-income subsidy provided by the Tuokesun County, planting corn and clover earn some money in support of family use. The reservoir development will exert some impacts to his life, and proper compensation will be given based on inventory indexes.
g17g 3 Project Impacts
3.1 Project Impact Survey
3.1.1 Project Impacted Area Based on the “Norms for Design of Land Acquisition and Resettlement for Construction of Water Resources and Hydropower Projects (SL290-2003)”, the project impacted areas include reservoir inundation area, permanently acquisitioned land and temporarily acquisitioned land.
(1) Reservoir inundation area
Reservoir inundation area is calculated based on actual inundation situation of the Alagou reservoir, the design flood standards of the land areas inundated by the reservoir is analyzed according to the importance magnitude of the inundated objects, regulating capacity and operational approach of the reservoir. Following the principle of ensuring safety , economy and considering the original flood prevention standards, the flood design standard is set as follows:
i) Farmers’ residential area: every 20 year of flooding, P=5%
ii)Arable land, orchard: every 5 year, p=20%
iii) Forestry land, natural pasture and barren rock area: use normal water storage level, which is 944.39 meters.
The reservoir inundation area includes: frequently inundated area by the reservoir, temporily inundated area, landslide, bank collapse and immerged area, and other area affected by the reservoir.
i)Frequently inundated area: refers to area below the normal storage level (944.39m) of Alagou reservoir;
ii)Temporarily inundated area: refers t the area affected by waves and reservoir flood backwater.
Wave run-up: It refers to area that is affected by waves and wave run-up. This factor is not considered because the water surface is not wide and both banks of the reservoir are stones and it is located in the valley area.
Reservoir backwater affected area: Based on survey, there are no residential area, arable land or other special facilities except for stone in the end of the reservoir, so this factor is not considered.
iii) Affected area: It refers to area that have to be treated because of landslide, bank collapse and inundation. The residents lose their basic living and production condition as a result.
Immersion: There is no immersion problems in Alagou reservoir area.
Bank collapse and landslide area: The survey conclusion was that there is no problems in this aspect.
g18g Based on the above rules of safety, economy and convenient to life and production, the normal water storage level has been confirmed as 1474 meters.
(2) Permanent Land Acquisition
Permanent land acquisition by the reservoir includes land for the dam, spillway, diversion and discharge tunnels, release tunnels, management houses, and access roads for the construction. There are no residents in the land acquisition area, so no impacts will be caused on the residents.
(3) Temporary Land Acquisition
Temporary land acquisition includes spoil area, stock ground, concrete aggregate yard, construction access roads and temporary roads, etc. The land that will be acquisitioned temporarily is all on the gobi area.
3.1.2 Contents of survey The Physical Inundation Indexes surveys include physical index survey, special items survey and social-economic survey.
A: The rural survey include: Population, houses and land areas.
B: The special items survey includes: hydrological station, historical relics and mines.
C: Land acquisition scope and social-economic survey of resettlement area. The information was collected from the above areas which include: Detailed land information, biological resources, water resources, meteorology, topography and natural disasters. The social-economic data from 2005 to 2007, the development plan in the near future and long terms.
3.1.3 The survey methods and requirement A. General requirement:
- The members of the group shall be familiar with the contents of TOR, the ways of surveying, criteria and procedures.
- The surveyors undertake survey on physical index and record it.
- The survey result shall be signed by surveyors and owners of the property. The signing of property could be classified as:
- The host signed if the property belongs to farmer or resident.
- The legal person signed if the property belongs to enterprises.
- The person in charge signed if the property belongs to an organization.
- Classify the survey results and city government confirm it in the forms of document.
B. The physical index survey
(1) Population survey
g19g The population calculation criteria in inundation area
Based on household registration booklet, classify the cropping population, animal husbandry population and non-agriculture population. Population survey scope include: People in inundation area, bank collapsed area, people out side of the inundation level, but are not able to solve the problem of production nearby, people cannot carry on normal production, living that have to resettle and those who are not able to go to school or to hospital because of the project, these people include:
The survey includes permanent people in the survey area which have household registration booklet and production.
The survey includes permanent people in the survey area which have household registration booklet and production, but without house.
The survey includes people who are not part of family planning or married in the survey area, but not listed in the household registration booklet.
The survey includes those listed in the household registration booklet that have house and production material, but not live in the area, such as, students outside or persons doing off-farm work.
The survey includes those who have house and production material, but the household registration booklet is out, like for military, students or people in prison, etc.
The survey includes those who have house and profession n the area, however, the household registration booklet is not in, such as, primary school teachers or contracted rural officials.
The survey does not include those who have no house nor production material and living outside of the resettlement area.
The survey does not include those who died, but still listed in the household registration booklet.
2 Method of survey and requirement
The criteria to or not to include people in the survey depends on whether his house is in the land acquisition area or not. The elevation of population distribution is set with the floor elevation of the major house as the benchmark. The houses are numbered one by one with the elevation marked. In the case that one household has more than 2 sets of houses, the floor elevation of the major house that they actually live in is recognized as the elevation of population distribution.
The household registration booklet was the base for the survey, and the survey include: host name, profession, labors, names of the family members, age, gender, educational background and the relationships to the host are the items included in the survey.
The survey staff should check the house ownership certificate and the household
g20g registration booklet of the surveyed, of the above 2 documents the house ownership certificate will serve as the major evidence. The host name on the house ownership certificate should be in line with that on the household registration booklet. In the case that the civil registration of a new comer (e.g. through marriage) is not located in the survey area, s/he can be registered in the survey on the basis of marriage certificate. For the children without civil registration due to the fact that they were born outside the birth-control plan, they can be registered on the basis of the birth certificate from hospital and the evidence certificate from township government. For the other people without civil registration, they can be registered under the preconditions that (i) they can satisfy the criteria in the project population survey and (ii) evidence certificate above the level of township government is available.
In the case that house and property in kind are within the project impacted area, only the house and the property in kind are registered. For the inundated areas beyond the land requisition line, the land quantity by category will be clarified, on the basis of which the number of resettlers due to inundation will be calculated. In addition, the number of resettlers, houses and other property in kind (that are related with resettlement compensation) outside the resettlement line are surveyed in details. (The farmland, forest land and other scattered properties will only be registered, but not be considered as evidence when calculating compensation fund).
After the completion of the population survey, the summarized data will be compared with those in the civil registration section of police station.
B. Survey of Houses and the Accessory Structures
1 Classification of Houses
The inundated area of the reservoir is recognized in the terms of administrative villages and townships. The floorage measurement of houses and the accessory structures of the individual households, collectives and the state units will be conducted in unit of natural village or villager group. The data will be registered by categories. Any of the houses or the accessory structures that has already lost its due function will not be registered.
Ownership Classification: On the basis of the ownership and membership, the houses will be classified as the houses of private households, the houses of rural collectives and the houses of the state ownership (i.e. the administrative and public institutions at and above township level).
Structure Classification: According to the building material of the load-carrying member, the houses will be classified into 3 categories. Similar structure will be included into the most nearby category, whenever possible. For the structure that is too special to be included into any of the said categories, there can be an additional category on the basis of the said categories. z Barnacle Structure: stone walls, wood floor-slab, tile roof. z Clay-wood Structure: The walls are built of wood or clay or compacted soils. The roof is covered with tiles or straw. The floor is of plain soil. A major house that is below is standard will be calculated as in this category.
g21g 2 Classification of Usage
Major House: Major house means the house in which person(s) is living. The story height is more than 2.0m. The floor-slab, walls, doors and windows are in good condition.
The accessory structures will include fencing walls (including the fencing walls around the production zone and livelihood zone), gate, terrace, well, threshing ground, cellarage, simple-structured sheds/stables for poultry and livestock, toilets, stacking shed and so on. The measure unit can be square meter, set, piece or cubic meter, considering the different categories.
3 Calculation Criteria of House Floorage
The construction area of a house is the periphery horizontally-projected area of the structure above the quadra of external walls. It includes balcony, cornice, basement, outdoor stairs and so on. This kind of permanent structure has roof, strong in structure, story height at/above 2.0m. The measurement tools can be tape rule or other qualified measuring instruments and tools. In addition to the policy in Measure Regulations for House Property (GB/T17986.1-2000), the following stipulations will be practiced under the consideration of the rural actual situation:
The construction area of a house will be used as the measured area in unit of square meter with common difference of 0.01m2.
The area of dooryard indoors, no-pillar eave, canopy or simple outdoor baseless stairs will not be calculated as house floorage. For the stairs with base, the area can be calculated as half of the house floorage.
The area of no-pillar outdoor corridor will not be calculated, while the area of the pillared corridor can be calculated as half of the house floorage.
The area of the close outdoor balcony will be calculated as house floorage, while the area of the half-closed balcony can be calculated as half of the house floorage.
For the house on-going construction, if the groundwork has been completed, it can be calculated as the house floorage, but a remark of “on-going” is required.
4 Survey Methods for Houses and Accessory Structures
A survey group will make an overall on-the-spot survey. With a village as one unit, the houses will be measured and recorded one by one. At the same time, the accessory structures such as scattered trees will also be surveyed and recorded. The survey records should be signed by property owner (housemaster) and the survey staff.
C. Land survey
In terms of ownership, there are state land and rural collective land. In terms of the present situation of land use, there are farmland, plantation, forest land, grassland, house sites, land for public service, land for special purposes, land for transportation, water surface, land of irrigation and drainage and land for other purposes. On
g22g principle, the land type is recognized on the basis of the description in the land ownership registration. For the land that the ownership has not yet been registered or its use has already been changed without timely updating the registration, the land type is recognized on the basis of the present land use. The land ownership should be surveyed in details. The measurement unit will be mu (one ha = 15 mu).
1 Farmland is the land for crops. It includes cultivated farmland, newly reclaimed farmland and fallow field.
Irrigated land refers to the farmland with assured water supply. It includes normal crop and greenhouse.
2 Plantation refers to orchard and nursery with the coverage of target plants more than 50%.
3 Forest land refers to the land with trees and shrubs. Forest land refers to the land with the crown density of trees 20% or with the shrub coverage 40%.
With the land use map (1/5000) in hand, the forest land within the scope of land requisition will be on-the-spot measured by the project staff and the officials from land administration sector. The measurement will be conducted with an administrative village as one unit. Xinjiang Agricultural University will be entrusted to complete the survey of forest land.
4 The grassland hereafter in the project refers to artificial pastures and natural grassland.
Survey Methodology: The on-the-spot measurements of farmland, plantation and artificial pasture will be conducted by the survey group, while the measurement record will be jointly confirmed by the signatures of the manager and the survey group. With an administrative village as one unit, the natural grassland will be measured by the project staff and the officials from land administration sector on the topographical map (1/5000). Turpan City Grassland Station will provide the data of natural grassland categories.
5 House sites include the land occupied by urban houses and rural houses. The project will involve only with the rural houses in the inundated area. The survey group will conduct on-the-spot measurements and records.
6 The land for transportation refers to the land occupied by roads and parking lots. In the project, the land for transportation refers to the land of grazing channels. The land for transportation will be measured by the project staff and the officials from land administration sector on the topographical map (1/5000).
7 The land for public service included the land occupied by governmental/institutional agencies, publishing houses, scientific and educational institutions and the structures of recreation and sight-seeing.
The land for scientific and educational institutions refers to the land occupied by Turpan Hydrological Station for flood prevention. Since the facility is of simple structure without special building, the land is not recognized as the land occupied by
g23g the project.
8 The land for special purposes refers to the land for purposes such as military structures, foreign affairs, religion, prisons and tombs.
There is one set of mosque in the inundated area of the project. The floorage is 40m2, and the land is listed in the house survey.
9 The land for other purposes includes idle land, salt-alkali lands, land for protected agriculture, swampland/wetland, desert/sandland, barren land, farmland ridges and so on.
Survey Methodology: The survey groups will be composed of the project survey staff, measurement staff and village heads. The topographical map (1/5000) in hand will be compared with the current land use map and the field reality. On the above basis, the land for other purposes is measured on the topographical map (1/5000).
D. Survey of Special Structures
The special structures within the scope of land requisition in the project mainly include hydrological stations, cultural/historical sites, mineral resources and so on. The basic information will be provided by the respective sectors relevant. The on-the- spot survey will be conducted by technical category and by unit. The ownership will be remarked for reference.
1 Survey of Cultural/Historical Sites
The survey records will include the name, historical age, pattern of construction, structure, scale, quantity, value, protection grade and so on. For the cultural relics under the ground, in addition, the burying depth will be recorded.
Survey Methodology: Field survey and record shall be conducted by investigation staff together with staff member of relics management department.
(2) Survey of Power Lines
Tuokexun County Water Resources Bureau shall entrust relevant department/unit to conduct investigation and evaluation of the power lines to be inundated by the reservoir construction, and prepare evaluation report including disposal proposals. The county power bureau shall review and approve the evaluation report.
3 Hydrological Station
Investigation shall be conducted and the investigation report should include basic situation the name, ownership, river system within which the hydro-station is located, classification of measurement it conducts, structures and auxiliary structures it has, etc.
3.2 Land Affected
Alagou Reservoir Project will acquire lands of 3.17km2 totally. The People’s Government of Tuokesun County has the ownership of these lands (the evolvement of
g24g those lands are shown in Section 3.5 in details). The types of land to be submerged by Alagou Reservoir are shown in Table 3-1.
Because the ownership of the land affected by Alagou Reservoir belongs to the People’s Government of Tuokesun County, the permanent land requisition will be allotted by the County Government for free; other submerged land and temporary land requisition will be compensated in accordance with related policies.
There are totally 146.9 mu of cultivated land within reservoir submergence scope for planting vegetable, corn, clover and Alfalfa. Existing cropland is cultivated along the river course by the residents in Nanshan Mine area privately, the People’s Government of Tuokesun County still has the ownership of those lands, and the Government can directly take over those lands. Although those croplands are not farmlands registered with and planned in a unified way by the County Government, local residents have cultivated for many years and earned income to some extent, hence, taking over directly without any return would bring a certain impacts on the planting people. In order to maintain their original livelihood against the impacts brought forth by the reservoir development, the people cultivating those lands will be given a certain economical compensation in ways that give one-time economical compensation to those persons in accordance with the compensation standard for nationally planned land. Once such one-time economical compensation is done, no additional land compensation and resettlement will be made.
Land Types in Alagou Reservoir Project Area Table 3-1 Location Code Class I Class II Unit QTY.
Total reservoir area Km2 3.17
Land area Km2 3.07
Water area Km2 0.10
01 Cultivated land Irrigated land mu 146.9
03 Forest land Land having forests mu 480.5
07 Residential land Rural homestead mu 33
07 Affiliated structures Rural homestead mu 9.2 Reservoir area Water area/water 11 River water surface mu 148.5 works land use
11 Special land use Dam mu 269.5
12 Other land bare land mu 3136.5
subtotal mu 4224
12 Other land bare land mu 534 Construction area Sub-total mu 534
g25g 3.3 Permanent Land Requisition
The land to be requisitioned permanently for Alagou Reservoir Project (for dam, other constructions or management site) is bare land, totally 333 mu. See Table 3-2 in details.
3.4 Temporary Land Occupation
Temporary land occupied for Alagou Reservoir Project (for spoil yard, quarry/borrow sites, etc) is bare land, totally 201 mu. See Table 3-2 in details.
3.5 Buildings to be Submerged
Alagou Reservoir Project will submerge buildings in a total floor area of 5394.7m2 including brick-concrete bungalow of 803.7m2, brick-concrete storied building of 3793.3m2, brick-concrete workshop of 487.5m2 and other buildings of 310.3m2. The floor area of private houses to be submerged by Alagou Reservoir Project is list in Table 3-3 in details.
The buildings within the reservoir submergence scope have been abandoned basically. Those buildings belong to Nanshan Mine of Urumqi City. Since 1990, after the completion of exploitation and exploration of Nanshan Mine, its staff members have been demobilized from this area, and only few members stay here on duty and live in Nanshan Mine Command Centre. On July 14, 1996, extremely big flood occurred in Alagou River with the largest flood peak approaching 490m3/s. This flood submerged all previous buildings of Nanshan Mine in the Alagou and destroyed some. Since then, the buildings of Nanshan Mine left in Alagou have been abandoned basically. Sequentially, Messrs. Wei Shouguang, Duan Chuanlu and another person contracted forest in Alagou, cultivate barren land along the river course, plant vegetable and fodder grass, procured some abandoned houses for temporary living when they guard timbers and vegetable (those lands are cultivated in their own accords without any procedures. There are no forest contract and related procedures dealing with forest agents). In 2007, Mr. Chen Zhongwan applied for a forest right certificate concerning with a large quantity of forest land in Alagou to in the name of planting fodder grass for his livestock breeding, procured abandoned houses to develop his business (without house procurement procedures) and cultivated barren land in his own accords.
In 2001, Tuokesun County finished Tuokesun River Basins Planning Report, proposed the development of Alagou Reservoir Project, listed it as important water works of Tuokesun County in recent period, and triggered the preparation of drafting proposals, etc. Since the dam site area and its ownership belong to Urumqi City, however the reservoir development will be done by Tuokesun County. In view of this, the People’s Government of Tuokesun County began to deal with the command area and transfer of ownership of reservoir area to facilitate future development, functioning and management. The People’s Government of Tuokesun County made an application to the Government of Xinjiang Uygur Autonomous Region to request allotting proposed Alagou Reservoir area into the command area of Tuokesun County. In 2008, approved by the land administration department of Xinjiang Uygur Autonomous Region, the boundary between Urumqi and Tuokesun County was reset out allotting the proposed Alagou Reservoir area and its neighboring region into the
g26g command area of Tuokesun County, Tuokesun County has the ownership and command rights over this area accordingly. After this, Tuokesun County negotiated with Nanshan Mine region government dealing with the hand-over of Nanshan Mine’s houses and buildings. At the beginning of Year 2009, the hand-over of all Nanshan Mine’s houses and buildings (together with the buildings along the Alagou River reaches and the Command Centre building) to the People’s Government of Tuokesun County was done. As so far, the State-owned Assets Supervision and Administration Commission of Tuokesun County has possessed the ownership of all houses and buildings (state-owned assets, including abandoned storied buildings, playgrounds, workshops and affiliated structures, except private and collective properties) to be submerged by Alagou Reservoir. The negotiation between Tuokesun County Government and the State-owned Assets Supervision and Administration Commission of Tuokesun County agreed that all stated-owned assets within Alagou Reservoir submergence scope which ownership are possessed by the State-owned Assets Supervision and Administration Commission of Tuokesun County will be allotted to reservoir development use for free (see Annex) without compensation required. Besides the stated-owned assets, there are some houses and affiliated structures owned collectively or privately (no supportive documents) as follows: a brick- concrete storied building of 3500m2 owned by the road maintenance team of Dabancheng District of Urumqi City, and various types of houses of 1894.7m2 owned by Messrs Wei Shouguang, Ma Decai, Chen Zhongwan and Duan Chuanlu. Although there are no supportive documents available for aforesaid collective and private inventory indexes, the reservoir development will affect their lives actually, proper compensation will be given to them in accordance with related policies to maintain their current livelihood.
Summary of Permanent Land Requisition and Temporary Land Occupation in Alagou Reservoir Area Table 3-2 Location Code Class I Class II Unit QTY.
Total Area Km2 0.36
Dam, spillway, 12 Bare land mu 232.5 other structure
Management Permanent land 12 Bare land mu 1.5 station building requisition for project use Access road to 12 Bare land mu 99 reservoir area
Sub-total mu 333 Temporary land 12 Disposal yard bare land 72 occupation for project use 12 Stacking yard bare land 36
12 Aggregates yard bare land 50
12 Construction road bare land 27
Other land 12 bare land mu 16 occupation
g27g Location Code Class I Class II Unit QTY.
Sub-total mu 201
total mu 534 3.6 Institutes and Organizations Affected
The road maintenance team of Dabancheng District of Urumqi City will be affected by the reservoir development because this team has an abandoned brick-concrete storied building of 3500m2 in the reservoir submergence area. Although this building has been abandoned and would not be used any more, its ownership is possessed by the road maintenance team of Dabancheng District of Urumqi City. The development of the reservoir will not give substantial impact to this team.
There are 9 big-mouth wells and pipeline network to supply water for Yuergou Station. The development of the reservoir will substitute those big-mouth wells to upgrade water supply guarantee, and the pipeline network that could be cut during reservoir construction will be rebuilt and recovered.
3.7 Population Affected
There are totally 4 persons to be influenced by the Alagou Reservoir Project. All of them are not formal residents of Alagou. They are Messrs. Wei Shouguang, Ma Decai, Chen Zhongwan and Duan Chuanlu.
Mr. Wei Shouguang, from Sichuan (his registered permanent residence still in Sichuan). He has been staying in Alagou in his own accords since the development of Nanshan Mine. He plant vegetable and trees. As so far, he has privately cultivated land of 6.6mu, set up 2.5 mu of green houses, grown 1798 of various kinds of trees and build up brick-timber bungalow of 163m2. The reservoir development will influence his life. However, his cropland was cultivated by himself without legal permission and related supportive document of land use, local government can take back directly. In order to protect him from the impact of the reservoir development, his inventory indexes such as cropland and timbers will be given one-time economical compensation, no additional land compensation and resettlement will be made.
Mr. Ma Decai, previous staff member of Nanshan Mine. He lives in Yuergou Township. The reservoir development will influence his brick-concrete bungalow of 162.5 m2. His bungalow to be affected by the reservoir is not for residential use and has been abandoned. In this case, reservoir development will not constitute a substantial impact on him, and he will be given one-time economical compensation, no additional land compensation will be made.
Mr. Chen Zhongwan, previous staff member of Nanshan Mine. In 2007, he converted abandoned Fengshou Electric Power Plant to a livestock farm, which has been approved by the Nanshan Mine area government (this area was within the command area of Nanshan Mine at that time). Because livestock breeding needs planting fodder grass, he also applied for a forest right certificate, and started cultivating barren land and planting fodder grass. Since years, he have cultivated barren land of 129 mu, possessed 5499 of various kinds of trees, and various types of houses of 1520 m2 and affiliated structures. He lives in Yuergou Township. After negotiation with him, he
g28g agreed to accept one-time economical compensation to cover his various types of buildings and timbers, and no additional land and housing compensation will be made.
Mr. Duan Chuanlu, previous staff member of Nanshan Mine. He lives in Yuergou Township. He has cultivated land of 8.8 mu, a cabin of 49 m2 and 16500 of various kinds of tree in Alagou Reservoir submergence scope. After negotiation with him, he agreed to accept one-time economical compensation to cover his cultivated land, cabin and various kinds of trees, and no additional land and housing resettlement will be made.
3.8 Land Affiliated Facilities Affected
Alagou Reservoir submergence will influence some land affiliated facilities including cropland, housing, timber, flood dike, hydrological station, tumulus, etc, which are categorized as private inventory indexes (see Table 3-3) and collective inventory indexes (see Table 3-4). Private inventory indexes are of cropland, timbers, fruit trees and houses in connection with four persons of Messrs Wei Shouguang, Ma Decai, Chen Zhongwan and Duan Chuanlu. Their affected inventories will be compensated in accordance with related national standards to help them maintain their original livelihood at least after compensation available. Collective inventory indexes are of storied building, water supply sources, water supply pipeline network and other buildings, which will be compensated in accordance with related national standards. The state-owned inventories belonging to the local State-owned Assets Supervision and Administration Commission within the scope of reservoir submergence will be allotted to reservoir development use for free after necessary negotiation without compensation required.
Alagou Reservoir Project Private Inventory Indexes Table 3-3 Name Wei Chen Duan Ma Decai Total Inventories Shouguang Zhongwan Chuanlu cropland mu 9.1 129.0 8.8 146.9 Brick-concrete bungalow 163 162.5 478.17 803.67 Brick-concrete storied 293.26 293.26 building Wooden house 49.0 49.0 Brick-concrete workshop 487.5 487.5 Brick-concrete well station 11.29 11.29 Brick-concrete wooden framework 250.0 250.00 shanty Sheep pen 1213.33 1213.33 Rubble mound m3 34.32 34.32 Concrete slab canal m 20.3 20.3 Concrete foundation of well 34.32 34.32 station m3 Brick wall m 194.1 194.1 Cement masonry flood dike m 17.3 17.3 Aspen tree (piece) 1085 1929 15053 18067
g29g Willow tree (piece) 236 146 28 410 Peach tree (piece) 74 13 2 89 Wallnut tree (piece) 18 946 964 Pear tree (piece) 30 30 Apple tree (piece) 33 82 30 145 Jujube tree (piece) 8 6 14 Almond (piece) 50 84 51 185 Elm (piece) 219 2293 1336 3848 Bunge Prickly ash tree (piece) 1 1 Mulberry tree (piece) 40 40 Grape (cluster) 4 4 Note: Timbers and fruit trees total 480.5mu. Included in the area, timbers of 439.6mu and orchard of 40.9mu.
Alagou Reservoir Project Collective Inventory Indexes Table 3-4 QTY. Remarks No. Item unit Below boundary ownership total of relocation Houses dismantled m2 3500 3500
I road maintenance 1. brick-concrete storied building m2 3500 3500 team of Dabancheng District
Specific items General Water 1. flood dike km 3.5 3.5 Management Station Tuokesun 2. water intake well at water- Yuergou Station Piece 9 9 resources region 3. percolation pipe in water- Yuergou Station M 3000 3000 resources region 4. bridge (25m long) Piece 1 1 Nanshan Mine II 5. communication line Km 4.0 4.0 Nanshan Mine 6. transmission line (35kv) Km 3.0 3.0 Nanshan Mine 7. water supply pipeline M 2000 2000 Nanshan Mine 8. hasty road km 6.5 6.5 Nanshan Mine 9. water tower 100m3 Piece 1 1 Yuergou Station Cultural Relic 10. tumulus Piece 33 33 Protection Bureau 3.9 Other Impacts
1 Alagou hydrological station
Alagou Reservoir Project will affect a designated hydrological station in Alagou. This station to be submerged by the reservoir is a hydrological station (national station of class III precision) dedicated for Turpan Prefecture use. This station is required to
g30g carry out stationary gauging in terms of water level, flow, suspension sediment, temperature, precipitation, evaporation, ice, etc. The data provided by Turpan Prefecture hydrological Resources Survey Bureau indicate that this station should be relocated.
2 transmission line
The transmission line of 3.0 km is the line of 35 kV for Nanshan Mine area. Because this line will be submerged as a result of reservoir development, realignment of the line is needed.
3 ancient cultural relics
There are 33 tumuli within the submergence scope of the project. The report prepared by the Archaeological Research Institute of Xinjiang Uygur Autonomous Region indicates that those tumuli should be removed and protected.
3.10 Results of Social Economical Investigation in Project Area
3.10.1 Analysis on the Impact of Project on Submerged Area
The features of land requisition and the targets to be concerned are that:
1 no resettlement of people;
2 buildings in the submerged area are stone or wooden structures, in poor quality and nonresidential;
3 land requisition for the project has no impacts on any inventory indexes;
4 reservoir submergence and compensation for land requisition accounts for a small part of the total project investment.
Construction of the Alagou Reservoir Project will bring forth various impacts on the local social economy. The river retaining dam and regulation reservoir that are the part of the Alagou Reservoir Project will submerge cropland of 146.9mu, forest land of 439.6mu and orchard of 40.9mu. The related analysis proofs that aforesaid inventories only account for a small part of the total inventories, and cause neglectable impact on the national economy of Alagou.
In spite the Alagou Reservoir Project will give a certain unfavorable impacts to the local area of Alagou, the development of this project will create chances for the townships in Tuokesun County. Alagou Reservoir will be located in remote mountainous region of Tuokesun County, where herders are still taking an undeveloped production way, agro-herding industry has a single structure, culture and education and scientific technologies are undeveloped, natural disasters are frequent, both production and living levels are very low in common, and the village to be submerged are inaccessible to electric power. During resettlement, local government will enhance the development of infrastructure and public facilities, significantly improve the livelihood, traffic, education, culture, medical cares of relocatees within the reservoir area. Additionally, the project development will create more
g31g development room and more employment chances for Turpan City people. The project development will trigger the prosperity of the businesses of construction material, restaurant industry and commerce, and provide more business chances for the agricultural people and herders in the project area in Turpan City. Those development chances will mitigate to some extent the negative impacts on regional economy of local project area. The losses caused by the reservoir submergence will be recovered and offset in full through reasonable compensation and scientific planning.
3.10.2 Analysis on the Impacts of Land Requisition
All lands to be requisitioned within the resettlement area are of vacancy land type and are state-owned.
g32g 4 Resettlement Policy Framework
Preparation and implementation of this RAP will strictly follow relevant requirements in the World Bank OP 4.12, and the compensation standards defined in this RAP shall be strictly followed in the resettlement process. Prior consent by the World Bank must be obtained if any change to the defined standards in the resettlement implementation process.
4.1 Policies Used as References
The main laws, regulations and policies used in land acquisition and resettlement are:
(1) Law of the People’s Republic of China on Land Administration (put in effect on January 1, 1999, second version revised according to the Decision on Amending the Law of the People’s Republic of China made on Aug. 28, 2004 at the 11th meeting of the standing committee of the 10th Chinese People’s Congress ) (2) Regulations for Implementing the Law of the People’s Republic of China on Land Administration (State Council Decree No. 256) (3) Tentative Regulations for Collection of Arable Land Occupancy Tax of the People’s Republic of China (State Council Document No.(1987 27) (4) Regulations for Implementing the Forest Law of the People’s Republic of China (State Council Decree No. 278) (5) Method to Implement the Law of the Republic of China on Land Management in Xinjiang Uygur Autonomous Region (revised version adopted by the 10th meeting of the Standing Committee of the 9th People’s Congress of Xinjiang Uygur Autonomous Region on July 30, 1999) (6) Circular on Distribution of the Regulations on Compensation of Land Acquisition for Construction of High Level Road in Xinjiang Uygur Autonomous Region (Xinjiang Regional Government Document No.(1996 191) (7) Circular by Xinjiang DRC ((Development and Reform Commission) and Finance Bureau on Distribution of the Standard for Administrative Charging for Land Management by Xinjiang Land Resources Management System (Xinjiang DRC Document 2001 No. 500) (8) The World Bank Policy OP 4.12 “Involuntary Resettlement”
4.2 Relevant Legal Regulations
4.2.1 Provisions in the Law of People’s Republic of China on Land Administration Ownership of Land and Right to Use Land
Article 8
Land in urban districts shall be owned by the State.
Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by farmers, including land for building houses, land and hills allowed to be retained by farmers.
g33g Article 10
Lands collectively owned by farmers and allocated to villagers for collective ownership according to law shall be operated and managed by village collective economic organizations or villagers’ committee; lands allocated to two or more farmers’ collective economic organizations of a village, shall be operated and managed jointly by the collective economic organizations of the village or villagers' groups; and those allocated to township (town) farmers’ collectives shall be operated and managed by the rural collective economic organizations of the township (town).
Article 11
People's government at the county level shall register and put on record lands collectively owned by farmers and issue certificates to certify the ownership concerned.
People's government at the county level shall register and put on record the use of land collectively owned by peasants for non-agricultural construction and issue certificates to certify the right to use the land for construction purposes.
People's government at the country level shall register and put on record uses of land owned by the State by units or individuals and issue certificates to certify the right of use. The State Council shall designate specific units to register and put on record State-owned land used by central government organs.
Certifications of ownership or use right of wooded land and grassland and the uses or of water surface and beach land for breeding purpose shall be managed according to related provisions of the "Forest Law of the People's Republic of China", the "Grassland Law of the People's Republic of China" and the "Fisheries Law of the People's Republic of China".
Article 12
Changes of owners and usages of land, should go through the land alteration registration procedures.
Article 13
The ownership and use right of land registered according to law shall be protected by law and no unit or individual is eligible to infringe upon it.
Article 14
Land collectively owned by farmers shall be contracted out to members of the collective economic organizations for use in crop farming, forestry, animal husbandry and fisheries production under a term of 30 years. The contractees should sign a contract with the corresponding contractor to define each other's rights and obligations. Farmers who have contracted land for operation are obliged to use the land rationally according to the purposes agreed upon in the contracts. The right of operation of land contracted by farmers shall be protected by law.
g34g Within the validity term of a contract, the adjustment of land contracted by individual contractors should get the consent from over two-thirds majority vote of the villagers’ congress or over two-thirds of villagers’ representatives and then be submitted to land administrative departments of the township (town) people’s government and county level people’s government for approval.
Overall Plans for Land Utilization
Article 19
Overall plans for land use should be mapped out according to the following principles:
(1) Strictly protect the basic farmland and control the occupation of agricultural land for nonagricultural purposes.
(2) Raise the utilization rate of land.
(3) Make an overall plan and arrangements about the use of land in various kinds and various areas.
(4) Protect and improve the ecological environment to ensure a sustainable use of land.
(5) Keep a balance between cultivated land occupied and cultivated land developed and reclaimed.
Article 22
The amount of land used for urban construction shall conform to the standards prescribed by the State so as to make full use of the existing land for construction purposes, not to occupy or occupy as less agricultural land as possible.
Urban general planning and the planning of villages and market towns should be in line with the general plans for land use. The amount of land for construction use in the urban general planning and the planning of villages and market towns shall not exceed the amount of land used for construction purposes in cities, villages and market towns fixed in the general plans for the utilization of land.
The land for construction purposes in cities, villages and market towns within the planned areas of cities, villages and market towns shall conform to the city planning and the planning of villages and market towns.
Article 24
People’s governments at all levels shall strengthen the administration of plans for land use and exercise control of the aggregate land for construction purposes.
Article 26
g35g Revision of the general plans for land use shall be approved by the original organ of approval. Without approval, the usages of land defined in the general plans for the utilization of land shall not be changed.
Whereas the purpose of land use defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by the State Council, it shall be changed according to the document of approval issued by the State Council.
If the purpose of land defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by provinces, autonomous regions and municipalities, it shall be changed according to the document of approval issued by the provincial level people’s governments if it falls into their terms of reference.
Protection of Cultivated Land
Article 31
The State protects the cultivated land and strictly controls the conversion of cultivated land into non-cultivated land.
The State fosters the system of compensations to cultivated land to be occupied. In the cases of occupying cultivated land for non-agricultural construction, the units occupying the cultivated land should be responsible for reclaiming the same amount of land in the same quality as that occupied according to the principle of "reclaiming the same amount of land occupied. Whereas units which occupy the cultivated land are not available with conditions of reclamation of land or the land reclaimed is not up to requirements, the units concerned should pay land reclamation fees prescribed by provinces, autonomous regions and municipalities for reclaiming land for cultivation the land reclaimed.
Article 32
The local people’s governments at and above the county level may demand units which occupy cultivated land to use the topsoil of the land occupied for use in the newly reclaimed land, poor land or other cultivated land for soil amelioration.
Article 33
People’s governments of all provinces, autonomous regions and municipalities shall strictly implement the general plans for the utilization of land and annual plan for the use of land, adopt measures to ensure not to reduce the total amount of cultivated land within their jurisdictions. Whereas reductions occur, the State Council shall order it to organize land reclamation within the prescribed time limit to make up for the reduced land in the same quantity and quality and the land administrative department of the State Council shall, together with agricultural administrative department, examine and accept it.
Whereas individual provinces and municipalities find it difficult to reclaim enough land to make up for the land occupied due to scarce reserve resources, the total
g36g amount of land due to be reclaimed in their own regions may be reduced with the approval of the State Council but the rest of land for reclamation shall be made up for elsewhere.
Article 36
Land shall be used sparingly for non-agricultural construction purposes. Whereas wasteland can be used, no cultivated land should be occupied; whereas poor land can be used, no good land should be occupied.
Article 41
The State encourages land consolidation. People’s governments of counties and townships (towns) shall organize rural collective economic organizations to carry out comprehensive consolidation of fields, water surface, roads, woods and villages according to the general plans for the utilization of land to raise the quality of cultivated land and increase areas for effective cultivation and improve the agricultural production conditions and ecological environment.
Local people’s governments at all levels shall adopt measures to ameliorate medium- and low-yielding land and consolidate idle and scattered and abandoned land.
Article 42
Whereas land is damaged due to digging, cave-in and occupation, the units or individuals occupying the land should be responsible for reclamation according to the relevant provisions of the State; for lack of ability of reclamation or for failure to meet the required reclamation, land reclamation fees shall be paid, for use in land reclamation. Land reclaimed shall be first used for agricultural purposes.
Land for Construction Purposes
Article 43
Any unit or individual that need land for construction purposes should apply for the use of land owned by the State according to law, except land owned by peasant collectives used by collective economic organizations for building township enterprises or building houses for villagers or land owned by peasant collectives approved according to law for use in building public facilities or public welfare facilities of townships (towns).
The term "apply for the use of land owned by the State according to law" used in the preceding paragraph refers to land owned by the State and also land originally owned by peasant collectives but having been requistitioned by the State.
Article 44
Whereas occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes, the examination and approval procedures in this regard shall be required
g37g For projects of roads, pipelines and large infrastructure approved by the people’s governments of provinces, autonomous regions and municipalities, land for construction has to be approved by the State Council whereas conversion of agricultural land is involved.
Whereas agricultural land is converted into construction purposes as part of the efforts to implement the general plans for the utilization of land within the amount of land used for construction purposes as defined in the general plans for cities, villages and market towns, it shall be approved batch by batch according to the annual plan for the use of land by the organs that approved the original general plans for the utilization of land. The specific projects within the scope of land approved for conversion shall be approved by the people’s governments of cities or counties.
Land to be occupied for construction purposes other than those provided for in the second and third paragraphs of this article shall be approved by the people’s governments of provinces, autonomous region and municipalities whereas conversion of agricultural land into construction land is involved.
Article 45
The requisition of the following land shall be approved by the State Council:
1) Basic farmland;
2) Land exceeding 35 hectares outside the basic farmland;
3) Other land exceeding 70 hectares.
Requisition of land other than prescribed in the preceding paragraph shall be approved by the people’s governments of provinces, autonomous regions and municipalities and submitted to the State Council for the record.
Requisition of agricultural land should first of all go through the examination and approval procedure for converting agricultural land into land for construction purposes according to the provisions of Article 44 of this law. Whereas conversion of land is approved by the State Council, the land requisition examination and approval procedures should be completed concurrently with the procedures for converting agricultural land to construction uses and no separate procedures are required. Whereas the conversion of land is approved by people’s governments of provinces, autonomous regions and municipalities within their terms of reference, land requisition examination and approval procedures should be completed at the same time and no separate procedures are required. Whereas the terms of reference has been exceeded, separate land requisition examination and approval procedures should be completed according to the provisions of the first paragraph of this article.
Article 46
For requisition of land by the State the local people’s governments at and above the county level shall make an announcement and organize the implementation after the approval according to the legal procedures.
g38g Owners or users of the land requisitioned should, within the time limit specified in the announcement, go through the compensation registration for requisitioned land with the land administrative departments of the local people’s governments on the strength of the land certificate.
Article 47
In requisitioning land, compensation should be made according to the original purposes of the land requisitioned.
Compensation fees for land requisitioned include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the requisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land requisitioned by the per capital land occupied of the unit whose land is requisitioned. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years preceding the requisition of the cultivated land. But the maximum resettlement fee per hectare of land requisitioned shall not exceed 15 times of the average annual output value of the three years prior to the requisition.
The standards for land compensation and resettlement fees for land requisitioned shall be determined by various provinces, autonomous regions and municipalities in reference to the land compensation fees and resettlement fees for cultivated land requisitioned.
The standards for compensating for ground attachments and green crops on the land requisitioned shall be determined by various provinces, autonomous regions and municipalities.
In requisitioning vegetable fields in suburban areas, the units using the land should pay new vegetable field development and construction fund.
Whereas the land compensation fees and resettlement fees paid according to the provisions of the second paragraph of this article are not enough to maintain the original level of living, the resettlement fees may be increased with the approval of the people’s governments of provinces, autonomous regions and municipalities. But the combined total of land compensation fees and resettlement fees shall not exceed 30 times the average output value of the three years prior to the requisition.
In special circumstances, the State Council may raise the standards for land compensation and resettlement fees for land requisitioned according to the social and economic development level.
Article 48 After the plan for land compensation and resettlement fees is finalized, related local people’s governments shall make an announcement and hear the opinions of the rural collective economic organizations and farmerss whose land has been requisitioned.
g39g Article 49
Rural collective economic organizations shall make public to its members the receipts and expenditures of the land compensation fees for land requisitioned and accept their supervision.
It is forbidden to embezzle or divert the land compensation fees and other related expenses.
Article 50
Local people’s governments at all levels shall support rural collective economic organizations and peasants in their efforts toward development and operations or in starting up enterprises.
Article 51
The standards for land compensation and method of resettlement for land requisitioned for building large and medium-sized water conservancy projects and hydroelectric power projects shall be determined separately by the State Council.
Article 52
In the process of the feasibility study for construction projects, land administrative departments may examine the related matters concerning the land for construction purposes and put forward their proposals according to the general plans for the utilization of land, the annual plan for the use of land and standards for land used for construction purposes.
Article 53
Whereas a construction project approved needs land owned by the State for construction purposes, the construction unit should file an application with land administrative department of the people’s government at and above the county level with the power of approval on the strength of related documents required by law and administrative decrees. The land administrative department shall examine the application and submit it to the people’s government at the same level for approval.
Article 54
A paid leasing should be go through in use of land owned by the State by a construction unit. But the following land may be obtained through government allocation with the approval of the people’s governments at and above the county level according to law:
1) Land for use by government organs and for military use;
2) Land for building urban infrastructure and for public welfare undertakings;
3) Land for building energy, communications and water conservancy and other infrastructure projects supported by the State.
g40g 4) Other land as provided for by the law and administrative decrees.
Article 55
Construction units that have obtained State-owned land by paid leasing can use the land only after paying the land use right leasing fees and other fees and expenses according to the standards and ways prescribed by the State Council.
Starting from the date when this law comes into effect, 30% of the land compensation fees for new construction land shall be handed over to the central finance, with the rest 70% to be retained by related local people’s governments, for the development of land for cultivation.
Article 56
In using State-owned land, construction units should use the land according to the provisions of the contract for compensated use of leased land use right or according to the provisions of the documents of approval concerning the allocation of land use right. The change of the land to construction purposes should get the consent from the land administrative departments of the related people’s governments and be submitted to the people’s governments that originally give the approval for the use of land. In changing the purpose of land within the urban planned areas, the consent should be obtained form the related urban planning administrative departments before submission for approval.
Article 57
In the case of temporary using State-owned land or land owned by peasant collectives by construction projects or geological survey teams, approval should be obtained from the land administrative departments of local people’s governments at and above the county level. Whereas the land to be temporarily used is within the urban planned areas, the consent of the urban planning departments should be obtained before being submitted for approval. Land users should sign contracts for temporary use of land with related land administrative departments or rural collective organizations or villagers committees depending on the ownership of the land and pay land compensation fees for the temporary use of the land according to the standard specified in the contracts.
Users who use the land temporarily should use the land according to the purposes agreed upon in the contract for the temporary use of land and should not build permanent structures.
The term for the temporary use of land shall not usually exceed two years.
Article 58
In one of the following cases, the land administrative departments of related people’s governments shall recover the land use right of State-owned land with the approval of the people’s governments that originally gives the approval or the people’s governments with the power of approval:
1) Use land for the sake of public interests;
g41g 2) Use land for adjustment in re-building old city districts in order to implement urban construction plans;
3) When the term for the land use right expires according to what is agreed upon in the contract for compensated use of land, the land user has failed to apply for extension or failed to get approval for extension;
4) The use of land originally allocated has been stopped due to cancellation or removal of units;
5) Roads, railways, airports and mining sites that have been approved to be abandoned.
Proper compensation should be given to land use right users whereas the use right of State-owned land is recovered according to the provisions of 1 and 2 of the preceding paragraph.
Article 61
In using land for building public facilities and public welfare facilities, townships (towns) shall file an application with land administrative departments of local people’s governments at and above the county level after being examined by the township (town) people’s governments at and the application shall be approved by the local people’s governments at and above the county level according to the term of reference provided for by provinces, autonomous regions and municipalities. Where occupation of agricultural land is involved, the examination and approval procedures provided for in Article 44 of this law are required.
Article 62
One rural household can own one piece of land for building house, with the area not exceeding the standards provided for by provinces, autonomous regions and municipalities
Construction of rural houses should conform to the general plans for the utilization of land of townships (towns) and the original land occupied by houses and open spaces of villages should be used as much as possible for building houses.
The use of land for building houses should be examined by the township (town) people’s governments and approved by the county people’s governments. Whereas occupation of agricultural land is involved the examination and approval procedure provided for in Article 44 of this law is required.
The application for housing land after selling or leasing houses shall not be approved.
Article 63
The land use right of peasant collectives shall not be leased, transferred or rented for non-agricultural construction, except in the case of legal transfer of the land that conforms to the general plan for the utilization of land and legally obtained by enterprises due to bankruptcy or acquisition.
g42g Article 64
Buildings or structures put up before the general plan for the utilization of land and unconformable to the general plans are not allowed to be rebuilt or expanded.
Article 65
In one of the following cases, the rural collective economic organizations may recover the land use right with the approval of the people’s government that gives the approval for the use of land:
1) Land needed for building public facilities and public welfare undertakings of townships (towns) and villages;
2) Land not used according to the purposes approved;
3) Land not used any more due to cancellation or removal of the original units.
Proper compensation shall be given to land users in the case of recovering the land owned by peasant collectives provided for in item 1 of the preceding paragraph.
4.2.2 Relevant Regulations in the Tentative Regulations on Collecting Tax of Cultivated Land Occupation in the People’s Republic of China
Article 2
“Cultivated land” in this Regulations refers to land used for planting crops. Land ever used to plant crops within 3 years before the acquisition is also regarded as cultivated land.
Article 3
Units or individuals that acquire land for house building or other non-agricultural construction purposes are the obligors of tax payment (hereinafter called tax payers) for cultivated land acquisition, and should pay the cultivated land acquisition tax in line with provisions in this Regulations.
Article 4
The cultivated land acquisition tax should be calculated based on land area that is actually acquired by the tax payers, and collected once for all based on the defined amount of tax.
Article 5
The amount of cultivated land acquisition tax is defined as follows:
(1) Based on the relevant county as the calculation unit (this apply to the following items), for areas where per capita cultivated land is within 1 mu (including 1 mu), the tax is 2 to 10 yuan per square meter;
g43g (2) For areas where per capita cultivated land is 1 to 2 mu (including 2 mu), the tax is 1.6 to 8 yuan per square meter;
(3) For areas where per capita cultivated land is 2 to 3 mu (including 3 mu), the tax is 1.3 to 6.5 yuan per square meter;
(4) For areas where per capita cultivated land is above 3 mu, the tax is 1 to 5 yuan per square meter.
Article 9
Financial department will be responsible for collection of the cultivated land acquisition tax. Land administration department should notify in a timely manner financial departments at its corresponding level in all relevant areas of its approval of cultivated land acquisition by any units or individuals. Units or individuals that are permitted to acquire or occupy cultivated land should declare and pay the tax to the financial department and, in doing so, the approval document issued by the land administration department above county level should be brought and presented to the financial department. Land administration department shall transfer and allocate land based on tax payment receipt or land acquisition approval document.
4.2.3 Relevant Provisions in the “Method to Implement the Law of the People’s Republic of China on Land Administration” Issued by Xinjiang Uygur Autonomous Region Chapter 1 General Provisions Article 2
This Method must be observed in carrying out activities relating to protection, development and utilization, supervision and management of land resources within the territory of Xinjiang Uygur Autonomous Region.
Article 6
The state introduces the system of compensated use of land owned by the State. No unit or individual is allowed to occupy, trade or illegally transfer land by other means. governments at all levels should manage to make an overall plan for the use of land to strictly administer, protect and develop land resources and stop any illegal occupation of land.
Chapter 2 Ownership of Land and Right to Use Land
Article 8
Users of state-owned land and owners and users of collectively owned land should register to the land administrative departments at above county government level to obtain certificates for use of state-owned land or for use and ownership of collectively owned land.
Chapter 4 Protection of Cultivated land and Reclamation of Land
g44g Article 20
The Regional Government introduces the system of compensated land use. In the cases of occupying cultivated land for non-agricultural construction, the units occupying the cultivated land should be responsible for reclaiming or supplementing through land improvement the same amount of land of the same quality as that acquired; Whereas units that occupy the cultivated land are not available with conditions of reclamation of land or the land reclaimed is not up to requirements, the units concerned should pay land reclamation fees of 15000—45000 Yuan per hectare for reclamation of new land.
Article 21
In the cases of basic farmland occupancy approved in accordance with law, the payment made for land reclamation shall be 150% of the payment made for common cultivated land occupancy.
Article 25
Reclamation of the following types of land shall be strictly prohibited:
(1) land in areas that are defined with reclamation ban in the overall land use plan;
(2) Natural clipping pasture, sown pasture, fenced pasture and good quality grassland;
(3) Forest land and beach land of rivers and lakes;
(4) Sloping land with slope of more than 25 degrees and sandy wasteland at the edge of the sandbank;
(5) Land in areas of disputed ownership.
Chapter 5 Land for Construction Purposes
Article 31
Whereas occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes, the following examination and approval procedures shall apply:
(1) For occupying land for purposes of construction of village enterprises, village level infrastructures, public facilities, rural roads, water structures within the village or township territory of construction land defined in their overall land use plan and for construction of villagers’ houses within the territory of land collectively owned by the farmers, approval by the prefecture, city governments or prefecture administration according to controlling limitation as defined in their annual land use plan shall be required;
(2) For the purposes of implementing the overall land use plan within the urban construction land areas, the land occupancy shall be approved by the regional autonomous government. In the cases of approval by the State Council for land
g45g occupancy according to the law and regulations shall be required, the law and regulations shall govern.
Article 35
Land acquisition for national construction purposes shall be compensated according to the following standards:
(1) Acquisition of basic farmland, the compensation shall be 8 to 10 times of the annual production value of the local cultivated land;
(2) Acquisition of irrigated cultivation land, fish pond other than basic farmland, the compensation shall be 7 to 9 times of the annual production value of the local cultivated land;
(3) Acquisition of dry-land other than basic farmland, the compensation shall be 7 to 8 times of the annual production value of the local cultivated land;
(4) Acquisition of forest land, sown grassland, housing building land, rural roads and threshing floor spaces, the compensation shall be 6 to 7 times of the annual production value of the local cultivated land;
(5) Acquisition of natural pastures, the compensation shall be 6 times of the annual production value of the local cultivated land.
For acquisition of land referred to in Items (1) through to (4) of the preceding paragraph for purposes of construction of big size projects including transportation and water resources development projects, the compensation shall be made as 6 times of the annual production value of the local cultivated land.
Annual production value of cultivated land and grassland of various types shall be taken as the average of those annual production values in the previous three years, and shall be publicized regularly by the regional people’s government.
Article 36
The green crops and ground attachments on the land acquired shall be compensated using the following standards:
(1) Compensation for green crops of a common type shall be the average annual production value of the previous three years of the specific crop, for green crops of a perennial root crop type, the compensation shall be 2 to 3 times of the average annual production value of the previous three years of the specific crop;
(2) Buildings, constructed structures, other facilities and trees on the land acquired shall be compensated according to actual losses and relevant regulations.
In the cases of relocating tombs on the land acquired, the local government shall make an announcement for relocation within a time limit and pay for the relocation according to relevant regulations; tombs that are not relocated within the time limit or are ownerless shall be relocated by relevant department of the local government.
g46g Article 37
Resettlement compensation fee for cultivated land acquisition shall follow the standards as defined in Item 2 of Article 47 of the Law of P. R. China on Land Administration. In the cases of per capita cultivated land occupation of the people whose cultivated land is to be acquired is less than 0.1 ha before the acquisition, compensation for the resettlement can be appropriately increased, as long as the total of the land compensation and resettlement compensation does not exceed 30 times of the average annual production value of the three years prior to the acquisition.
Resettlement compensation for acquisition of fish pond space shall be made according to the compensation standards for adjacent cultivated land. Resettlement compensation for acquisition of forest land and grassland shall be calculated according to calculation of resettlement compensation for cultivated land. For acquisition of house building land, rural roads, threshing ground, no resettlement compensation shall be made.
Article 39
For acquisition of land owned by rural collective economic organizations, the land compensation shall go to the rural collective economic organization; compensation for the ground attachments and green crops on such land shall go to the owners of the ground attachments and green crops.
Rural collective economic organizations shall make public to its members the receipts and expenditures of the land compensation fees for land requisitioned and accept their supervision. It is forbidden to embezzle or divert the land compensation and other related payments to the units or organizations whole land is requisitioned.
Article 40
In the cases of rural collective economic organizations organize and take responsibilities to resettle the people of the units or organizations whose land is requisitioned, the resettlement compensation shall go to the rural collective economic organization and shall be managed and utilized by the rural collective economic organization; if other unit makes arrangements to resettle the people, the resettlement compensation shall go to the unit. In cases of no unified resettlement is needed, the resettlement compensation shall be allocated to the individuals to be resettled or be used to pay their insurance premiums after having obtained consent of the individuals. Resettlement compensation should be used for the specified purposes, no appropriation is allowed.
Governments at the city, county and township levels should strengthen supervision on use of the resettlement compensation.
Article 46
Areas for rural house building of the villagers shall be defined according to the following standards( calculation of per capita cultivated land is based on county unit):
(1) House building land should be within 200 m2 per household in areas with per capita cultivated land occupation less than 0.04 ha;
g47g (2) House building land should be within 300 m2 per household in areas with per capita cultivated land occupation less than 0.07 ha but more than 0.04 ha;
(3) House building land should be within 400 m2 per household in areas with per capita cultivated land occupation less than 0.1 ha but more than 0.07 ha;
(4) House building land should be within 500 m2 per household in areas with per capita cultivated land occupation less than 0.14 ha but more than 0.1 ha;
(5) House building land should be within 600 m2 per household in areas with per capita cultivated land occupation less than 0.34 ha but more than 0.14 ha;
(6) House building land should be within 800 m2 per household in areas with per capita cultivated land occupation more than 0.34 ha.
The area for house building using unused land can be appropriately increased, but the maximum increase should not go beyond more than 1 time of the area prescribed in the previous items.
4.2.4 Relevant Regulations in Document No. 2001 500 Jointly Issued by Xinjiang DRC and Finance Bureau Table 1 Indexes for Calculation of Cultivated Land Compensation(Unit: yuan/mu)
Level-1 Cultivated Land Level- 2 Cultivated Land Level- 3 Cultivated Land Categories (High Yield Farm Land) (Medium Yield Farm Land) (Low Yield Farm Land)
Index for Calculation 1200 640 480 1. Indexes in this table is for cultivated land used for planting of grain crops. 2. Production values of for cultivated land planted with special crops, vegetable land and orchards should be higher than that of the level-1 cultivated land in this table; and the indexes Notes for cotton land, orchards , vegetable land and grape land should not exceed 1.5, 2, 3 and 4 times of that of the level-1 cultivated land, respectively. Indexes of other cash crops should be calculated based on their actual production values. Table 2. Indexes for Calculation of Grassland Compensation (Unit Yuan/mu)
Classification Compensation Indexes Good and Fair Medium Poor Level
1 328 262 120
2 262 148 88
3 136 96 63
4 80 69 50 Table 3 Calculation Indexes for Resettlement Compensation
Per Capita Cultivated Land (mu) Multiple of Average Three Years’ Production Value
>3.5 4 to 5
3.0 to 3.5 6 to 7
2.5 to 3.0 8 to 9
2.0 to 2.5 10 to 12
g48g 1.5 to 2.0 13 to 15
1.0 to 1.5 16 to 18
0.5 to 1.0 19 to 20
Table 4. Compensation Indexes for Arbor and Economic Trees
Items Unit Size of the Trees Chest Diameter, cm Compensation Indexes Yuan Varieties
Per Trunk < 5cm 10 15
Per Trunk 5-15cm 15 25 Broad Leaved Forest Per Trunk 15-30cm 25 35
Per Trunk > 30cm 45
Per Trunk ‹5cm 20 30
Per Trunk 5-15cm 30 50 Coniferous Forest Per Trunk 15-30cm 50 70
Per Trunk > 30cm 90
Fruit Trees Per Trunk <5cm 20 40
Per Trunk 5-15cm 40 60
Per Trunk 15-30cm 60 100
Per Trunk > 30cm 120
Grapes Per Cluster Less than 3 years and without fruits 30 70
Per Cluster More than 3 years and with fruits 70 110 Note Compensation for trees in protected forest land will be 50% more than trees in ordinary forest land. 4.2.5 Provisions in the World Bank Policy OP 4.12
Policy Objectives
2. Involuntary resettlement may cause severe long-term hardship, impoverishment, and environmental damage unless appropriate measures are carefully planned and carried out. For these reasons, the overall objectives of the Bank’s policy on involuntary resettlement are the following:
(a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.
(b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.
g49g
(c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
Impacts Covered
3. This policy covers direct economic and social impacts that both result from Bank- assisted investment projects, and are caused by
(a) the involuntary taking of land resulting in
(i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or
(b) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.
4. This policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are (a) directly and significantly related to the Bank assisted project, (b) necessary to achieve its objectives as set forth in the project documents
Required Measures
6. To address the impacts covered under para. 3 (a) of this policy, the borrower prepares a resettlement plan or a resettlement policy framework (see paras. 25-30) that covers the following:
(a) The resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are
(i) informed about their options and rights pertaining to resettlement;
(ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and
(iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project.
g50g (b) If the impacts include physical relocation, the resettlement plan or resettlement policy framework includes measures to ensure that the displaced persons are
(i) provided assistance (such as moving allowances) during relocation; and
(ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.
(c) Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are
(i) offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and
(ii) provided with development assistance in addition to compensation measures described in paragraph 6(a) (iii), such as land preparation, credit facilities, training, or job opportunities.
8. To achieve the objectives of this policy, particular attention is paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation.
9. Bank experience has shown that resettlement of indigenous peoples with traditional land-based modes of production is particularly complex and may have significant adverse impacts on their identity and cultural survival. For this reason, the Bank satisfies itself that the borrower has explored all viable alternative project designs to avoid physical displacement of these groups. When it is not feasible to avoid such displacement, preference is given to land-based resettlement strategies for these groups (see para. 11) that are compatible with their cultural preferences and are prepared in consultation with them (see Annex A, para. 11).
10. The implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. For impacts covered in para. 3(a) of this policy, these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and moving allowances have been provided to the displaced persons. For impacts covered in para. 3(b) of this policy, the measures to assist the displaced persons are implemented in accordance with the plan of action as part of the project (see para. 30).
11. Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement
g51g on public land (see footnote 1 above), or on private land acquired or purchased for resettlement. Whenever replacement land is offered, resettlers are provided with land for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank.
13. For impacts covered under para. 3(a) of this policy, the Bank also requires the following:
(a) Displaced persons and their communities, and any host communities receiving them, are provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups.
(b) In new resettlement sites or host communities, infrastructure and public services are provided as necessary to improve, restore, or maintain accessibility and levels of service for the displaced persons and host communities. Alternative or similar resources are provided to compensate for the loss of access to community resources (such as fishing areas, grazing areas, fuel, or fodder).
(c) Patterns of community organization appropriate to the new circumstances are based on choices made by the displaced persons. To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers’ preferences with respect to relocating in preexisting communities and groups are honored.
Eligibility for Benefits
14. Upon identification of the need for involuntary resettlement in a project, the borrower carries out a census to identify the persons who will be affected by the project (see the Annex A, para. 6(a)), to determine who will be eligible for assistance, and to discourage inflow of people ineligible for assistance. The borrower also develops a procedure, satisfactory to the Bank, for establishing the criteria by which displaced persons will be deemed eligible for compensation and other resettlement assistance. The procedure includes provisions for meaningful consultations with affected persons and communities, local authorities, and, as appropriate, nongovernmental organizations (NGOs), and it specifies grievance mechanisms.
15. Criteria for Eligibility . Displaced persons may be classified in one of the following three groups:
(a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);
g52g (b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan (see Annex A, para. 7(f)); and
(c) those who have no recognizable legal right or claim to the land they are occupying.
16. Persons covered under para. 15(a) and (b) are provided compensation for the land they lose, and other assistance in accordance with para. 6. Persons covered under para. 15(c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the Bank. Persons who encroach on the area after the cutoff date are not entitled to compensation or any other form of resettlement assistance. All persons included in para. 15(a), (b), or (c) are provided compensation for loss of assets other than land.
Resettlement Planning, Implementation, and Monitoring
17. To achieve the objectives of this policy, different planning instruments are used, depending on the type of project:
(a) a resettlement plan or abbreviated resettlement plan is required for all operations that entail involuntary resettlement unless otherwise specified;
(b) a resettlement policy framework is required for operations referred to in paras. 26- 30 that may entail involuntary resettlement, unless otherwise specified; and
(c) a process framework is prepared for projects involving restriction of access in accordance with para. 3(b) (see para. 31).
18. The borrower is responsible for preparing, implementing, and monitoring a resettlement plan, a resettlement policy framework, or a process framework (the “resettlement instruments”), as appropriate, that conform to this policy. The resettlement instrument presents a strategy for achieving the objectives of the policy and covers all aspects of the proposed resettlement. Borrower commitment to, and capacity for, undertaking successful resettlement is a key determinant of Bank involvement in a project.
19. Resettlement planning includes early screening, scoping of key issues, the choice of resettlement instrument, and the information required to prepare the resettlement component or subcomponent. In preparing the resettlement component, the borrower draws on appropriate social, technical, and legal expertise and on relevant community-based organizations and NGOs. The borrower informs potentially displaced persons at an early stage about the resettlement aspects of the project and takes their views into account in project design.
20. The full costs of resettlement activities necessary to achieve the objectives of the project are included in the total costs of the project. The costs of resettlement, like the costs of other project activities, are treated as a charge against the economic benefits
g53g of the project; and any net benefits to resettlers (as compared to the “without-project” circumstances) are added to the benefits stream of the project. Resettlement components or free-standing resettlement projects need not be economically viable on their own, but they should be cost-effective.
21. The borrower ensures that the Project Implementation Plan is fully consistent with the resettlement instrument.
22. As a condition of appraisal of projects involving resettlement, the borrower provides the Bank with the relevant draft resettlement instrument which conforms to this policy, and makes it available at a place accessible to displaced persons and local NGOs, in a form, manner, and language that are understandable to them. Once the Bank accepts this instrument as providing an adequate basis for project appraisal, the Bank makes it available to the public through its InfoShop. After the Bank has approved the final resettlement instrument, the Bank and the borrower disclose it again in the same manner.
23. The borrower’s obligations to carry out the resettlement instrument and to keep the Bank informed of implementation progress are provided for in the legal agreements for the project.
24. The borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement instrument. The Bank regularly supervises resettlement implementation to determine compliance with the resettlement instrument. Upon completion of the project, the borrower undertakes an assessment to determine whether the objectives of the resettlement instrument have been achieved. The assessment takes into account the baseline conditions and the results of resettlement monitoring. If the assessment reveals that these objectives may not be realized, the borrower should propose follow-up measures that may serve as the basis for continued Bank supervision, as the Bank deems appropriate.
Resettlement Instrument
Resettlement Plan
25. A draft resettlement plan that conforms to this policy is a condition of appraisal for projects referred to in para. 17(a) above. However, where impacts on the entire displaced population are minor, or fewer than 200 people are displaced, an abbreviated resettlement plan may be agreed with the borrower. The information disclosure procedures set forth in para. 22 apply.
Resettlement Policy Framework
26. For sector investment operations that may involve involuntary resettlement, the Bank requires that the project implementing agency screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the borrower submits, prior to appraisal, a resettlement policy framework that conforms to this policy. The framework also estimates, to the extent feasible, the total population to be displaced and the overall resettlement costs.
g54g 27. For financial intermediary operations that may involve involuntary resettlement, the Bank requires that the financial intermediary (FI) screen subprojects to be financed by the Bank to ensure their consistency with this OP. For these operations, the Bank requires that before appraisal the borrower or the FI submit to the Bank a resettlement policy framework conforming to this policy. In addition, the framework includes an assessment of the institutional capacity and procedures of each of the FIs that will be responsible for subproject financing. When, in the assessment of the Bank, no resettlement is envisaged in the subprojects to be financed by the FI, a resettlement policy framework is not required. Instead, the legal agreements specify the obligation of the FIs to obtain from the potential subborrowers a resettlement plan consistent with this policy if a subproject gives rise to resettlement. For all subprojects involving resettlement, the resettlement plan is provided to the Bank for approval before the subproject is accepted for Bank financing.
28. For other Bank-assisted project with multiple subprojects that may involve involuntary resettlement, the Bank requires that a draft resettlement plan conforming to this policy be submitted to the Bank before appraisal of the project unless, because of the nature and design of the project or of a specific subproject or subprojects (a) the zone of impact of subprojects cannot be determined, or (b) the zone of impact is known but precise sitting alignments cannot be determined. In such cases, the borrower submits a resettlement policy framework consistent with this policy prior to appraisal. For other subprojects that do not fall within the above criteria, a resettlement plan conforming to this policy is required prior to appraisal.
29. For each subproject included in a project described in para. 26, 27, or 28 that may involve resettlement, the Bank requires that a satisfactory resettlement plan or an abbreviated resettlement plan that is consistent with the provisions of the policy framework be submitted to the Bank for approval before the subproject is accepted for Bank financing.
30. For projects described in paras. 26-28 above, the Bank may agree, in writing, that subproject resettlement plans may be approved by the project implementing agency or a responsible government agency or financial intermediary without prior Bank review, if that agency has demonstrated adequate institutional capacity to review resettlement plans and ensure their consistency with this policy. Any such delegation, and appropriate remedies for the entity’s approval of resettlement plans found not to be in compliance with Bank policy, are provided for in the legal agreements for the project. In all such cases, implementation of the resettlement plans is subject to ex post review by the Bank.
Process Framework
31. For projects involving restriction of access in accordance with para. 3(b) above, the borrower provides the Bank with a draft process framework that conforms to the relevant provisions of this policy as a condition of appraisal. In addition, during project implementation and before to enforcing of the restriction, the borrower prepares a plan of action, acceptable to the Bank, describing the specific measures to be undertaken to assist the displaced persons and the arrangements for their implementation. The plan of action could take the form of a natural resources management plan prepared for the project.
g55g 5 Resettlement Action Plan
5.1 Guidelines and Principles for the Resettlement
5.1.1 Guidelines for the Resettlement Planning
The guidelines for resettlement are: “respect to the folkways, production and living customs of the resettlers, fully consider their wishes, resettle them based on local circumstances and avoid lowering their original living standard, so as to ensure long term stability”.
5.1.2 Principle for Resettlement Planning
(1) Since the cultivated land and the trees involved in the resettlement is contracted land plantation, therefore prior resettlement compensation method shall be used to ensure production and living standards of the resettlers reach original level;
(2)The resettlement plan should coordinate with local land resources renovation and national economic and social development plans, and consider all factors and properly deal with interests of the nation, collectives and individuals;
(3) Resettlement planning should be based on physical indexes of land acquisition and demolition using the compensation standards;
5.2 Task and Objectives of the Resettlement
The overall objective of resettlement plan is to improve or at least maintain original living standard of the impacted people.
The project involves privately owned physical objects of four people, including Wei Shouguang, Ma Decai, Chen Zhongwan and Duan Chuanlu, those objects are all contracted or temporarily used, and the four people all have permanent residential houses in Yuergou Township. Therefore, the task of the resettlement under the project is to define the compensation standards and method for these people, no population resettlement or resettlement area planning is involved.
5.3 Overall Plan for the Resettlement
5.3.1 Resettlement Approach
The project involves only compensation to the inundated physical objects, instead of transfer of people. The inundated physical objects include privately owned physical objects, collectively owned physical objects and state-owned physical objects (belong to National Resources Committee).
(1) Resettlement Approach Used to Deal with Privately Owned Physical Objects
Privately owned physical objects to be inundated include cultivated land, trees and houses, etc. The cultivated land, tree land belong to the state but reclaimed and planted by the four people including Wei Shouguang, they did not go through any permission procedures or have any relevant certificates. The houses are temporary dwelling houses for the purpose of cultivation, caring for the trees and other economic
g56g activities, or temporary resizing space using the abandoned houses in the South Mountain Mining Zone. The people involved have no relevant property certificates to their residing houses. In order to ensure construction of the reservoir won’t lower those people’s living standard, compensation will be made to their privately owned physical objects, there won’t be resettlement of land or houses. The approach to be used is:
Cultivated land: compensation to the privately used land includes: subsidy for resettlement; crop compensation. The total budgets in this regard would be about Y0.63 million. The land compensation in the resettlement investment table (cf. table 9-2) refers to compensation to the user of the land, since the cultivated land to be inundated belongs to the state, so the recipient of the compensation will be relevant department that owns the state-land.
Orchard land: compensation to privately operated orchard land includes: subsidy for resettlement; crop compensation. The related budgets for this would be about Y0.35 million. The land compensation in the resettlement investment table refers to compensation to the cultivator of the land, since the cultivated land to be inundated by the project belongs to the state, so the recipient of the compensation will be relevant department that owns the state-land.
Forest land: compensation to privately used forest land includes: forest compensation and the compensation budget is about Y0.40 million. According to relevant policies of the local forestry department, there won’t be forest compensation and forestland resettlement subsidy (the forest involved in the project does not belong to forest operation land owned by state-owned forest farm), the recipient of the compensation for forest and vegetation recovery is state-owned forestry department in the resettlement investment list.
Houses and the affiliate structures: although they are temporary houses, compensation should be made based on unit price per m2 according to relevant compensation standard, and the recipient will be the owners of the houses. The total budgets for housing compensation would be Y3.63 million.
(2) Resettlement Approach Used to Deal with Collectively Owned Physical Objects
Collectively owned physical objects that will be inundated by construction of the project include: brick and concrete structure buildings, power transmission lines, hydrological station, flood prevention embankment and water supply pipes, etc. For the structures that need re-building, the principle is to follow the original scale, original standard and original functions, and formulate economic and reasonable program and investment plan for the reconstruction; for those structures that lost function of use and need no reconstruction, economic compensation once for all should be made according to relevant compensation standards, and the recipients shall be the owners of the physical objects. The resettlement budgets in this regard would be Y11.26 million.
(3) Resettlement Approach Used to Deal with State-owned Physical Objects
g57g State-owned physical objects belong to the State Resources Committee. After consultation with the committee, the state-owned physical objects within the impacted area by the reservoir shall be used by construction of the reservoir free of charge, no compensation will be required (as indicated by testimonial material included in the annexes).
5.3.2 Wishes of the Resettlers
Through investigation and discussion with the affected households within the reservoir inundation area, the four people including Wei Shouguang, Ma Decai, Chen Zhongwan and Duan Chuanlu all indicated support to construction of the reservoir and agreement with the compensation plan by signing or putting finger print on the compensation standard paper for inundated physical objects.
Additionally, although construction of the project impacts on economic activities in some local areas, it upgrades flood prevention standards of Tuokexun county as a whole and its townships and totally solves the problems in relation to flood prevention, while improving the guaranteed degree of irrigation water supply to the irrigation areas in the county. It also promotes sound and stable local economic development and improves regional environment. Therefore, all parties involved in the project construction are satisfied with the construction program.
g58g 6 Reservoir Bottom Cleaning Plan
In order to ensure safe operation of Alagou reservoir, prevent water quality pollution of the reservoir, protect the reservoir surrounding area and people’s health in the water supply area, and create conditions for development of fishery, tourism, water sport and cultural industries using the water area of the reservoir, it is necessary to conduct cleaning of the bottom of the reservoir before water storage of the reservoir.
6.1 Cleaning of Reservoir Bottom Cleaning of the reservoir bottom includes ordinary cleaning and special cleaning.
Ordinary cleaning covers sanitary cleaning, cleanup of buildings or structures, and forest cleanup. The costs for such cleaning are included in the investment plan for land acquisition and resettlement.
Special cleaning covers areas of aquafarms, fish harvesting space, tourism spots, water sport space, ports and berths, etc. Such special cleaning is necessary for development of various industries based on the water area of the reservoir. The costs shall be borne by relevant departments or
6.2 Scope of Reservoir Bottom Cleaning The scope of Alagou reservoir cleaning is generally the areas below the normal water storage level (944.39m)of the reservoir.
6.3 Technical Requirements for the Reservoir Bottom Cleaning 6.3.1 Sanitary Cleaning
Sanitary cleaning is to cleanup the pollutants consists of lots of organisms and pathogens, which may easily cause spread of water-borne epidemic diseases, such as diarrhea, infectious hepatitis and enteritis, etc. In order to protect sanitation environment of the reservoir, control spread of water-borne epidemic diseases, prevent spread of natural source-based disease and local diseases, sanitary cleaning needs to be done before water storage of the reservoir.
(1) Cleaning Targets
Cleaning targets include infectious sources and pollutants, as well as substances that are prone to floating. The targets of cleaning for Alagou reservoir include houses, animal sheds, latrines, rubbish, wastewater ponds and remaining tree trunks and branches, die-out tree trunks, bushes, crop straw and residue material of dismantled houses and structures, etc.
(2) Cleaning Methods and Technical Requirements
Sanitary solid waste, animal sheds and waste in the latrines should be completely removed out of the reservoir area, the residues should be sterilized by mixing them with bleaching power with an amount of lkg/m2. The treated waste should meet requirements in the Sanitary Standards for Waste Innocuity Treatment. The waste pits and waste water ponds should be bestrewed with quicklime with an amount of l kg/m2 and wetted, and then filled up and leveled with soil or construction spoil and compacted.
g59g For the houses, animal sheds, floor of latrines and walls up to 2m above the ground surface, the top clear part of liquid consisting of 4% of bleaching powder should be used to spray on the surfaces with an amount of 0.3 kg/m2 and such sterilization process should last at least half an hour.
The procedures for the above mentioned sanitary cleaning activities should start with removal, then cleaning, and then removal.
Material such as tree trunks and branches, bushes, crop straw and residue material of dismantled houses and structures, etc., or the material that is prone to floating, should be manually concentrated and then burned right on the spot.
6.3.2 Removal and Cleanup of Buildings
(1) Cleaning Targets
The cleaning targets are various kinds of houses and the affiliated structures and various kinds of pole line structures.
(2) Cleaning Methods and Technical Requirements
All houses and the affiliated structures should be dismantled, and all walls should be pushed down and leveled. Removal and cleaning of the houses and affiliated structures should first be sterilized and then dismantled. Roofs of the houses (including animal sheds) should be dismantled manually, and the usable material can be collected by the owner of the property for reuse, unusable and prone to floating material should be manually concentrated and burned right on the spot. The walls shall be pushed down and leveled using bulldozers.
Wells (pits), cellars and other underground structures within the water level inundation area of the reservoir should be filled up, tamped and sealed based on geological conditions of the reservoir area and water area utilization requirements of the reservoir.
6.3.3 Forest Land Cleaning Method and Technical Requirements
(1) Trees in the forest and scattered fruit trees should be chopped down to the level of ground surface and transported out of the reservoir area. The trees should be chopped to at the position closest to the ground surface, with the remaining tree trunk within 0.3 m from the ground surface.
(2)Cleanup of the trees in the forest land should be done manually. 6.4 Cost Estimate of Reservoir Bottom Cleaning Cost estimate of Alagou reservoir includes only costs for ordinary cleaning, since the costs for special cleaning are assumed by relevant operational departments according to the principle of “he who benefit should invest”.
6.5 Implementation and Acceptance of Reservoir Bottom Cleaning After start-up of main construction activity, the local government and land acquisition management institutions shall prepare Implementation Method for Reservoir Bottom Cleaning of Alagou Reservoir according to technical requirements raised by design
g60g institute. The cleaning should be done 3 month earlier than the start-up of reservoir water storage. Tuokexun County Government, Sanitation Bureau and Epidemic Prevention Station at the county level shall establish acceptance group to self-review and examine cleaning of the reservoir bottom and prepare self-review report. The report should be submitted to the project owner. The project owner, design institute, local government, sanitation bureau, epidemic prevention station and other departments together should establish an acceptance committee to conduct field inspection and overall acceptance of the reservoir bottom cleaning, Only after acceptance is done and clearance given, the reservoir water storage can start.
g61g
7 Development and Utilization Plan of the Reservoir Area
Development and utilization of the water area of the reservoir includes fishery, tourism and water sport activities and should abide by the following principles:
(1) The development and utilization should be conducted in a unified approach by the reservoir operation and management organization and abide by centralized reservoir dispatching and regulating, so as to ensure safe operation of the reservoir;
(2) Development of fishery, tourism, sanitarium and water sport businesses using the reservoir area should follow the principle of “he who runs the business should invest”, that is , the business owners should raise fund on their own;
(3) The development and utilization should be in favor of protection of water quality and eco-environment of the reservoir;
(4) Priority should be given to the people resettled in arranging development and utilization of water area of the reservoir.
Alagou reservoir is a water pivotal structure with comprehensive benefits, including benefits from irrigation and flood prevention. Meanwhile, the special geographical location and convenient transportation condition of the reservoir create hard-won opportunities for its comprehensive development. Therefore, based on the features of the reservoir, preliminary proposals for fishery and tourism development that are with greater possibilities are put forward as follows.
7.1 Preliminary Proposal for Tourism Development Alagou reservoir is located close to the National Road No.301 and is only 4.0 km to the South Maintain Zone. there is a asphalt road directly connecting with the reservoir area, providing easy access to the reservoir area that is currently one of the tourism resorts. After completion of the reservoir construction, tourism management department can arrange certain amount of tourism facilities that are adaptable to local environment and characterized by local features, based on features of the reservoir and the prerequisites of no pollution to water quality, no adverse impacts on operation safety and normal operation of the reservoir, so that the reservoir area can be gradually turned into a tourism resort with certain scale and full-bodied local features.
7.2 Preliminary Proposal for Fishery Development After water storage of Alagou reservoir, a fishery area of about 1.4 km2 can be formed, which can be used as a favorable condition for fishery development. The aquatic products can be supplied to the markets in the South Mountain Zone, Tuokexun County and Turpan City, etc., such fishery development can produce remarkable benefits and the marketing potential is great. Thus, the preliminary fishery development proposal is as follows:
(1) Define fishing sites, area and quantity based on landform and hydrological conditions of the reservoir area;
(2) Conduct specialized cleaning of the fishing sites before initial water storage of the reservoir;
g62g (3) Set up necessary fishery facilities, such as feed processing facilities, fish barriers and fishing facilities;
(4) Conduct unified management on aquiculture and fishery development and operations in the reservoir area by reservoir operation and management organization.
g63g
8 Plan for Recovery and Reconstruction of Structures for Specialized Activities
8.1 Principles for the Recovery and Reconstruction
(1) Combine recovery and reconstruction with rural economic development and make sure the recovery and reconstruction favor production development and living standard improvement of the people resettled;
(2) In accordance with the principle of “reconstruction according to original scale, original standard and recovery of original function(s)”, economically feasible plan should be worked out for the structure that needs reconstruction. Additional investment due to increasing scale, upgrading standard or changing function(s) shall not be listed in the compensation funding plan;
(3) Recovery and rebuilding of structures for specialized purposes should be in harmony with economic development of the region where the resettlement area is located;
(4) For structures that do not need recovery or the recovery will be difficult, reasonable economic compensations should be given according to inundation impacts after approval department in charge.
8.2 Plan for Reconstruction of Power Transmission Line The power transmission line affected by the Alagou reservoir is the 35Kv power line in South Mountain Zone. After completion of the reservoir, 3.0 km of the power transmission line will be inundated and needs to be recovered and reconstructed. The preliminary program is to construct the section of the power transmission line on the slope of the right bank of the Alagou River above the inundation line.
8.3 Plan for Recovery and Reconstruction of Alagou Hydrological Station The hydrological station that will be inundated due to construction of the Alagou reservoir is a regional level specialized hydrological station (belonging to level-3 accuracy station of the nation). The station conducts measurement during flood season by stationed monitoring staff, with items monitored including water level, flow, suspended sediment, temperature, precipitation, evaporation and ice regime, etc. According to data provided by Turpan Prefecture Hydrological and Water Resources Investigation and Measurement Bureau, if relocating the station at the joint part of upstream Alagou river, the cross-section there can meet the basic requirements for a specialized station.
8.4 Plan for Disposal of Cultural Relics and Historic Sites
Totally 33 ancient tombs will be inundated by construction. Protection measures shall be undertaken before construction of the reservoir according to relevant regulations of the Law on Protection of Cultural Relics and data provided by the Archeology Research Institute of Xinjiang Uygur Autonomous Region.
g64g 9 Cost Estimate for Compensation of Land Acquisition and Resettlement
The total investment for compensation of land acquisition and resettlement of Alagou reservoir is 27.199 million yuan, including compensation to rural resettlers of 7.867 million yuan, investments for recovery and reconstruction of specialized structures of 11.262 million yuan, investments for reservoir bottom cleaning of 216 thousand yuan, other costs of 1.490 million yuan, contingencies of 2.084 million yuan, and relevant taxes of 4.28 million yuan.
9.1 References Used in the Estimation of Compensation (1) Law of the People’s Republic of China on Land Administration
(2) Regulations for Implementing the Law of the People’s Republic of China on Land Administration
(3) Water Law of the People’s Republic of China
(4) Forest Law of the People’s Republic of China
(5) Grassland Law of the People’s Republic of China
(6) Law of the People’s Republic of China on Environmental Protection
(7) Law of the People’s Republic of China on Water and Soil Conservation
(8) Law of the People’s Republic of China on Regional National Autonomy
(9) Mineral Resources Law of the People’s Republic of China
(10) Regulations for Land Acquisition Compensation and Resettlement for Construction of Big and Medium Size Water Resources and Hydropower Projects
(11) Method to Implement the Forest Law of the Republic of China in Xinjiang Uygur Autonomous Region
(12) Method to Implement the Law of the Republic of China on Land Management in Xinjiang Uygur Autonomous Region
(13) Norms for Design of Land Acquisition and Resettlement for Construction of Water Resources and Hydropower Projects
(14) Circular of NDRC on Strengthening Management on Setting “ Price Contingency” in the Cost Estimation of Big and Medium Size Infrastructure Construction Projects
(15) Circular by Xinjiang DRC ((Development and Reform Commission) and Finance Bureau on Distribution of the Standard for Administrative Charging for Land Management by Xinjiang Land Resources Management System
g65g (16) Circular on Distribution of the ‘Management Method on Collection and Usages of Forest and Vegetation Recovery Fees’(document issued by MOF and National Forestry Bureau)
(17) Other relevant governmental regulations and technical standards
9.2 Principles Used in Preparing the Cost Estimate of the Compensation (1) Cost estimate for compensation to the people to be resettled should be prepared based on investigations on the inundation impacted physical objects and resettlement plan and in line with relevant national laws, regulations and policies issued by the State Council;
(2) Investments for recovery and reconstruction of the structures for resettlement of the people and for specialized activities should follow the principle of “reconstruction according to original scale, original standard and recovery of original function(s)” and be listed in the compensation funding for resettlement. Additional investment due to increasing scale, upgrading standard or changing function(s) shall not be listed in the compensation funding plan. For structures that do not need recovery or the recovery will be difficult, reasonable economic compensations should be given.
(3) Investment on benefit-generating business development by relevant department using the reservoir water area should follow the principle of “he who runs the business should invest”, that is, the business owners should raise fund on their own.
(4) Resettlement investment by year should be defined according to annual progress schedule of the resettlement construction plan.
9.3 Definition of Compensation Standards Cost estimate for compensation of land acquisition and inundation by construction of Alagou reservoir is based on price of 2009.
Part A: Compensation to rural resettlers for resettlement
(1) Land acquisition compensation and resettlement subsidy
Forest land: According to the Method to Implement the Forest Law of the Republic of China in Xinjiang Uygur Autonomous Region, the compensation for forest land acquisition is composed of forest land compensation fee, resettlement subsidy, tree compensation fee and forest vegetation rehabilitation charge. According to Regulations for Implementing the Law of the People’s Republic of China on Land Administration and Circular by Xinjiang DRC ((Development and Reform Commission) and Finance Bureau on Distribution of the Standard for Administrative Charging for Land Management by Xinjiang Land Resources Management System (Xinjiang DRC Document 2001 No. 500), forest land acquisitioned by Alagou reservoir totals 439.6 mu, including 22366 trees, and the compensation rates for the trees range from 15 yuan/trunk to 45 yuan/trunk according to the diameter of the tree trunks. Because the forest land does not belong to operational forest of the state- owned forest farm, and according to relevant regulations by the local forestry department, there won’t be compensation or subsidy for forest land acquisition and resettlement. Through calculation, the compensation for forest land is 2.1555 million yuan, including forest land acquisition compensation of 0 yuan, forest land
g66g resettlement subsidy of 0 yuan, compensation of the trees of 397.1 thousand yuan, and costs for forest vegetation recovery of 1.7584 million yuan.
Fruit plantation: In accordance with Circular by Xinjiang DRC (Development and Reform Commission) and Finance Bureau) on Distribution of the Standard for Administrative Charging for Land Management by Xinjiang Land Resources Management System (Xinjiang DRC Document 2001 No. 500), the compensation for fruit plantation land is twice the compensation for cultivated land, and the compensation and resettlement subsidy is 16 times of that of cultivated land, seedling compensation is taken as 3 times of that of the cultivated land. There are altogether 1,432 trees in the affected area, and the compensation rate is 35 yuan/mu, then the compensation standard for fruit plantation is 18240 yuan /mu and total investment for such compensation is 746.3 thousand yuan.
Cultivated land: The compensation for cultivated land acquisitioned is based on original usage purpose of the land, and the compensation is composed of land compensation and resettlement subsidy, as well as compensations for attachments to the land and growing crops. In accordance with Resettlement Regulations on Land Requisition for the Construction of Large and Medium-sized Projects of Water Resources and Hydropower, the sum of land compensation fee and resettlement subsidy is 16 times of the annual output value on the basis of the previous 3 year’s average. The attachments on the land and growing crops belong to the original owner. Since cultivated land in Alagou area is relatively poor in quality and planted mainly with fodder of low yield, therefore, the compensation is taken as the compensation index of level-3 cultivated land, or 480 yuan/mu (excluding by-product value, and the crops include alfalfa and vegetables). Compensation of the land is taken as 10 times of the compensation index, resettlement subsidy is taken as 6 times of the compensation index, and crop compensation is taken as 3 times of the index; then total compensation for the cultivated land is 19 times of the compensation index. Based on such calculation and total cultivated land acquisition area of 146.9 mu by Alagou reservoir, the compensation for the cultivated land is 1.3397 million yuan.
(2) Compensation of houses and the affiliated structures Estimation of prices of the houses and the affiliated structures in the reservoir area is done respectively based on the local house building prices. The prices taken are: for brick and concrete mixed bungalows: 500 yuan/P; for brick and concrete mixed storied buildings: 700 yuan/P; for brick and concrete mixed factory houses: 600 yuan/P; for woody houses: 200 yuan/P; for brick and concrete mixed and woody framed pens: 400 yuan/P; for the attachment of sheep sheds: 100 yuan/P; and for fencing walls: 200 yuan/P; then the compensation for houses and the attachments totals 3.6252 million yuan.
Part B: Compensation for recovery or reconstruction of specialized structures
Road: Road to be inundated in the reservoir area is a simple road and shall be recovered according to its original class using a unit price of 500000 yuan/km. For bridges of the road, each is taken as 200000 yuan for a length of 25m. Line of communication is regarded as reusable after removal, so only costs of removal and installation is taken into account, and the unit price is taken as 500 yuan/km.
g67g Small size water resources and hydropower structures: for well field, each well is taken as 125000 yuan, and the casing tube of the wells is taken as 150 yuan/m, and each water tower is taken as 100000 yuan.
Power transmission line is regarded as reusable, and the recovery and reconstruction cost (220kv)is taken as 1 million yuan/km.
Relocation and transportation of ancient tombs is compensated at 5000 yuan each.
Compensation for relocation and reconstruction of hydrological station: according to estimation by Turpan Prefecture Hydrological and Water Resources Bureau, the relocation and reconstruction costs for Alagou Hydrological Station is 2 million yuan if the original scale, original standard and original functions are to resumed.
Part C: Costs for reservoir bottom cleaning
Cleaning of reservoir bottom normally includes removal and clear-up of buildings, structures and obstacles, trees’ chopping down and clean-up of forest land, clear-up of floating objects, and sanitary cleaning, etc. Reasonable costs for reservoir bottom cleaning is calculated based on nationwide successful experiences of reservoir bottom cleaning, actual situation of the proposed reservoir and physical objects to be inundated by the reservoir.
Basic unit prices for reservoir bottom cleaning: labor: 50 yuan/labor.day; bleaching power: 2 yuan/kg; quick limestone: 0.2 yuan/kg.
(1) Sanitary cleaning cost:
Sterilization of houses: According to actual situation of the inundated houses and sterilization requirements, the sterilization area of a house should double the building area of the house, and the area of sterilization totals 721m2, and the labor cost is 50 yuan/day. The upper clear part of bleaching power liquid with concentration of 4% will be used to spray the surface of the houses in the amount of 0.3 kg/m2, and the spray shall last at least half an hour. Based on calculation, unit price for house sterilization is 0.25 yuan/m2(building area).
Flotage clearing: Based on actual situation of the reservoir area, the work load of flotage cleaning work is 0.5 ton/labor.day, and the cost for cleaning labor is 50 yuan/labor.day. Thus, the cost for flotage cleaning within the reservoir area is 100 yuan/ton.
(2) Building cleaning (House cleaning): Based on investigation, it is learned the work load of house removal is 50m2/labor.day at a cost of 50 yuan/labor.day. Walls of the houses shall be pushed down and leveled using bulldozers, and each bulldozer can push down and level 100 m2 a day. Rent of one bulldozer is 100 yuan a day. So, the unit cost of house cleaning is 20 yuan/ m2.
(3) Forest land cleaning: 200 yuan/mu based on actual situation and size of the forest land.
g68g Part D: Other Costs 1 Costs for survey, design and scientific research is calculated at 3% of the total sum of Part A through to Part C.
2 Costs for the implementation management is calculated at 3% of the total sum of Part A through to Part C.
3 Costs for technical training is calculated at 0.5% of the total sum of Part A through to Part C
4 Costs for supervision and monitoring is calculated at 1.5% of the total sum of Part A through to Part C.
Part E: Contingencies
Basic contingencies are taken as 10% of the total sum of Part A through to Part D.
Part F: Taxes and Other Charges (1) According to Circular on Issues Relevant to Land Uses by Water Resources and Hydropower Projects (Document 2001 No. 355) and Circular on Distribution of the Standard for Administrative Charging for Land Management (Document 2001 No. 500), cultivated land reclamation charge is collected from construction projects at the rate of 2000 yuan/mu. (2) According to Interim Regulations of the People’s Republic of China on Farmland Occupation Tax (State Council Decree No. 511) and Stipulations on Implementing Regulations of the People’s Republic of China on Farmland Occupation Tax ( Xinjiang Government Decree No. 159), the occupation tax for cultivated land is 20 yuan/m2 (that of basic farmland is 1.5 times of ordinary cultivated land), and that for orchard land and forest land is 20 yuan/ m2 and 5 yuan/ m2, respectively. (3) Management charge for appropriation of unused land is set as 50 yuan/mu. 9.4 Total Investment for Land Acquisition and Resettlement of the Reservoir Construction Total investment for land acquisition and resettlement of Alagou reservoir construction is 27.199 million yuan, including rural resettlement compensation of 7.867 million yuan, costs for recovery and reconstruction of specialized structures of 11.262 million yuan, reservoir bottom cleaning cost of 216 thousand yuan, other costs of 1.49 million yuan, contingencies of 2.084 million yuan, and other taxes and charges of 4.280 million yuan. The breakdowns of the total investment are shown in the following Table 9-1 and Table 9-2. Table 9-1 Summary of Cost Estimate for Compensation of Land Acquisition and Resettlement of Alagou Reservoir Construction
Investment Percentage Remark No. Items 104 yuan % 1 Rural Resettlement Compensation 786.7 28.9 2 Recovery and Reconstruction of 1126.2 41.4 Specialized Structures g69g Specialized Structures 3 Reservoir Bottom Cleaning Costs 21.6 0.8 4 Other Costs 149.0 5.5 5 Contingencies 208.4 7.7 6 Other Taxes and Charges 428.0 15.7 7 Total Investment 2719.9 100
Table 9-2 Estimation of Compensations to Inundation Losses Caused by Alagou Reservoir Compensation Categories Unit Normal Storage Water Level Quantity Unit Investment Price (104 yuan) (yuan) Part A Compensation to rural resettlers for resettlement 786.67 1. Compensation Total 424.15 for land acquisition Cultivat Sub-total 133.97 ed (1) Land Compensation. mu 146.9 4800 70.51 Land (2)Resettlement mu 146.9 2880 42.31 Compensation (3) Crop Compensation mu 146.9 1440 21.15 Orchar Subtotal 74.63 d Land (1) Land Compensation. mu 40.9 9600 39.28 (2)Resettlement mu 40.9 5760 23.57 Compensation (3) Crop Compensation mu 40.9 2880 11.78 Forest Sub-total 215.55 Land (1)Forest Land mu 439.6 0 0.00 Compensation. (2) Forest Resettlement mu 439.6 0 0.00 Compensation (3) Trees’ trunk 22366 39.71 Compensation (4) Forest vegetation m2 293066.8 6 1126.23 recovery fees 2. Compensation Total 362.52 for houses and the Houses Sub-total 346.51 affiliated structures (1) Brick and concrete m2 803.7 500 40.18 mixed bungalows (2) Brick and concrete m2 3793.3 700 265.53 mixed storied houses (3) Woody houses m2 49.0 200 0.98 (4) Brick and concrete m2 487.5 600 29.25 mixed factory buildings (5) Brick and concrete m2 11.29 500 0.56 mixed well houses (6) Brick and concrete m2 250 400 10.00 mixed, wood frame pens Affiliate Sub-total 16.02 d (1) Fencing walls m 194.1 200 3.88 Structur (2) Sheep sheds m2 1213.3 100 12.13 es Part B Compensation to Inundation, Recovery and Reconstruction of Specialized Structures 1126.23 Compensation for Inundation Subtotal 549.73 (1) Grouting Masonry km 3.5 100000 35.00 Flood Protection Embankment (2) Concrete Canals Set 20.3 1000 2.03 (3) Bridges(25 m) km 1 200000 20.00 (4) Line of No. of 4 500 0.20 Communication wells (5) Well field m 9 125000 112.50 (6) Well casing tubes No 3000 150 45.00
g70g (7) Water towers km 1 100000 10.00 (8) Simple roads 6.5 500000 325.00 Recovery and reconstruction Subtotal 576.50 costs (1) Hydrological station No 1 2000000 200.00 (2) Power transmission km 3 1000000 300.00 line (3) Water supply pipes m 2000 300 60.00 (4) Ancient tombs No 33 5000 16.50 Part C Reservoir Bottom Cleaning 21.62 Building Cleaning Subtotal 12.20 (1) House cleaning m2 5394.7 20 10.79 (2) Cleaning of m2 1407.4 10 1.41 sheep sheds and other affiliated structures Sanitary Cleaning Subtotal 0.63 (1) House m2 5394.72 0.25 0.13 sterilization (2) Flotage ton 50 100 0.50 Cleaning Forest cleaning mu 439.6 200 8.79 Part D Other Costs 149.02 Planning, survey and design % 3 58.04 Resettlers’ Training % 0.5 3.93 Implementation management % 3 58.04 Monitoring and evaluation % 1.5 29.02 Part E Contingencies 208.35 Basic Contingencies % 10 208.35 Part F Taxes and Charges 428.00 Cultivation Land Occupation 396.95 Tax Cultivated land m2 125209.6 20 250.42 and orchard land Forest land m2 293066.8 5 146.53 Cultivated land reclamation charge mu 146.9 2000 29.38 Management charge for appropriation of unused land mu 333 50 1.67 Total Investment 2719.90
9.5 Management of Inundation Compensation Funds
Resettlement funds of the Project include compensation to rural resettlers, compensation for recovery and reconstruction of specialized structures, funds to support reservoir bottom cleaning, other costs, contingencies and relevant taxes and charges. To ensure adequate funds to support construction of various resettlement structures, control the total budget and smooth implementation of the resettlement, a complete set of scientific fund management methods needs to be established.
(1) Use of resettlement funds should abide by the investment estimation for reservoir inundation compensation reviewed and approved by the nation, and the funds should be used for intended purposes without any diversion or misappropriation. Accountability system at various levels should be implemented for use of resettlement funds.
(2) Governments at all level should strengthen leadership and conduct regular supervision, inspection and auditing, so as to ensure proper and standardized use of the resettlement funds, make sure the funds are brought into play to produce benefits and resettlement tasks can be smoothly completed.
(3) Strict management on resettlement should be implemented. Not any use of resettlement funds should be allowed without specific planned purpose.
g71g (4) Management on funds for compensation to rural resettlers:
Funds for compensation to rural resettlers shall be arranged and allocated by county level resettlement organization according to annual resettlement implementation plan.
Funds for compensation to rural resettlers shall be distributed by county level resettlement organization to the involved villager groups, households and resettlement programs based on the affected physical objects and compensation standards, and accounts shall be established for uses of the funds and publicized to the resettlers. For compensation funds to be distributed to individual resettlers, compensation manuals should be prepared for purpose of supervision by the resettlers.
County resettlement organization shall sign resettlement agreements with involved households for compensation to individual households, and cash should be provided to the households in accordance with resettlement progress, so that the resettlers can move out as scheduled and have proper arrangement for production and living.
County resettlement organization should establish land compensation and resettlement compensation standards and accounts specifically for each of the villager groups and allocate the funds to support production and living arrangements of the resettlers according to resettlement implementation plan and annual plan. Those villager groups affected by the inundation but without resettlement activities should propose on their own a production and development plan for use of land compensation and resettlement subsidies, and submit the plan for approval by the county resettlement organization.
Programs that are irrelevant to production and living arrangements of the resettlers are not eligible to use land compensation or resettlement subsidy under the project.
(5) Compensation for basic infrastructures of the rural resettlers shall be appropriated by county resettlement organization according to project annual implementation plan and construction contract or agreement signed.
(6) Compensations for recovery or reconstruction of specialized structures shall be arranged by the resettlement organization according to project annual implementation plan, and the fund appropriation shall be made according to the recovery/reconstruction contracts signed by the resettlement organization and relevant responsible specialized departments.
(7) Funds for reservoir bottom cleaning shall be managed and utilized by the resettlement organization.
(8) Management on other funds:
Implementation management funds: These are funds to be used by resettlement organization mainly for office spaces, procurement of equipment
g72g or facilities, office supplies, salary, welfare and travel allowances, etc., and are subject to approval according to annual plan.
Funds to support technical training: Such funds are for training and purchase of relevant facilities for upgrading production skillfulness of the rural resettlers and managerial level of the resettlement working staff. Use of the funds shall be arranged by county resettlement organization based on comprehensive planning.
(9) Basic contingencies: These are to be used to deal with issues not anticipated in the land acquisition planning.
(10) Relevant taxes: Relevant taxes should be paid to relevant department in amount defined by the national government.
g73g 10 Resettlement Organizational Structure
10.1 Institutional Structure Established for the Resettlement
10.1.1 Resettlement Organization
For the purposes of preparing this RAP and successful implementation of the RAP to achieve anticipated results, a complete set of resettlement organizations must be set up for the convenience of planning, coordinating and monitoring the resettlement activities. The organizations responsible for land requisition and resettlement in the project are:
1 Foreign funded Project Management Division of Xinjiang Development and Reform Committee (DRC), Foreign funded Project Management Division of Xinjiang Finance Bureau, and Foreign funded Project Management Division of Xinjiang Water Resources Bureau (PMO).
2 Turpan Prefecture Leading Group for the Resettlement for the Construction of Alagou Reservoir
3 Tuokexun County Alagou Reservoir Project Office
4 Tuokexun County Project Resettlement Office
5 Project design institute
6 External independent agency for monitoring and evaluation(M&E).
Among them, the provincial divisions are responsible for the coordination and decision-making as well as checking and supervision in the project implementation. Tuokexun County leading group is in charge of coordinating the resettlement activities and formulating the relevant policies. Tuokexun County Alagou Reservoir Project Office is responsible for guiding, organizing, coordinating and supervising the resettlement activities. Tuokexun County Project Resettlement Office is responsible for formulating and implementing the RAP. The project design institute is Huan Province Survey and Design Institute of Water Resources and Hydropower. The external independent M&E agency is responsible for monitoring and evaluating the resettlement activities.
10.1.2 Resettlement Organizational Chart
g74g
Provincial divisions of foreign funded project management offices in finance, water resources bureaus and DRC Commission Project Leading Group
Project Office
(Tuokexun County Bureau of Water Resource)
Land Structure requisi demolish Hunan Design Institute monitoring and evaluation -tion Project Resettlement Office -ment (Project design institute) agency
Tuokexun County Land Bureau
Township Resettlement Office
Village Commission
Resettler Households
10.1.3 Resettlement Organization and Responsibilities
A Turpan Prefecture Leading Group for the Resettlement for the Construction of Alagou Reservoir
The members of the group are the representatives of (i)Turpan Prefecture Government, (ii) bureaus under the prefecture government such as the bureaus of land administration, water resources, environmental protection, transportation, forestry, telecommunication, postal service, broadcast/TV, civil affairs, public security, legislation, development office and (iii) relevant townships. The major responsibilities of the group include strengthening the leadership in favor of the project construction, making sure that the land requisition and structure demolishment are smoothly practiced, formulating the resettlement policy, coordinating all the relevant sectors and institutions in land requisition and structure demolishment, and managing the daily affairs.
B. Tuokexun County Alagou Reservoir Project Office
The project office is located in the county bureau of water resources. The major responsibilities of this project management office include:
1 formulating policies of land requisition and structure demolishment;
2 entrusting the design institution to identify the scope to be impacted by the project and to make field surveys related with the land requisition and resettlement;
3 applying for certificate of land use and planning and certificate of land use for construction;
g75g 4 upgrading the capacity of the staff practicing land requisition and resettlement by means of technical training;
5 organizing and coordinating the preparation and implementation of the RAP;
6 managing the resettlement fund and supervising its use;
7 guiding, coordinating and supervising the progress of RAP implementation; and
8 directing and checking the activities of internal monitoring; formulating progress report of land requisition and resettlement.
(9) appointing external M&E agency and assisting its M&E activities.
C. Tuokexun County Alagou Reservoir Project Resettlement Office
The project resettlement office is located in Tuokun County Bureau of Water Resources and is composed of the staff especially in charge of the structure demolishment and resettlement. The responsibilities of the office mainly include:
1 assisting the design institution to identify the scope to be impacted by the project and to make field surveys related with the land requisition and resettlement; keep the data;
2 formulating and implementing the RAP;
3 upgrading the capacity of the staff practicing land requisition and resettlement by means of technical training;
4 organizing public consultation and information publicity of resettlement policies;
5 guiding, coordinating and supervising the progress of RAP implementation;
6 practicing resettlement and releasing resettlement fund on the basis of the agreement;
7 carrying out internal monitoring and formulating report on internal monitoring; and
8 assisting the activities of external monitoring.
D Township Resettlement Office
With the township head in charge at the leading position, the township resettlement office is composed of (i) the representatives of the land administration station, police station, civil affair station and forestry station and (ii) the heads of the villages related. The major responsibilities of the township resettlement office include:
1 participating in the project surveys and assisting the preparation of the RAP;
2 organizing public participation and information publicity of the resettlement policies;
g76g 3 implementing, checking, monitoring and recording the resettlement activities in the township;
4 proceeding the procedures of resettlement;
5 releasing and managing the compensation fund;
6 supervising the land requisition, the demolishment of houses and the accessory structures and the reconstruction of new houses in the resettlement area;
7 reporting the activities of land requisition, structure demolishment and resettlement to county bureau of land administration and county resettlement office; and
8 coordinating to settle the conflicts and problems in the practical works.
E Village Commission and Villager Group
There is a resettlement working group under village commission and villager group. The members of the working group are the major heads of village commission and villager group. The responsibilities include:
1 participating in the socio-economic investigation and the surveys of project impacts;
2 organizing public participation and information publicity of the policies on land requisition and resettlement;
3 selecting the sites of resettlement and distribute house sites to the resettlers;
4 implementing the resettlement activities such as of the reclamation, adjustment and distribution of land resources; and organizing production development;
5 managing and releasing the resettlement fund;
6 forwarding the opinions and proposals of the resettlers to the upper authorities;
7 reporting the progress of RAP implementation; and
8 helping the resettlers solve difficulties.
F Project Design Institute
Hunan Province Survey & Design Institute of Water Resources and Hydropower will serve as the project design institute. Its major responsibilities include:
1 conducting project designs;
2 identifying the scope of demolishment and resettlement;
3 surveying the properties to be impacted by the demolishment and resettlement; carrying out socio-economic investigations and impact analysis; and
g77g 4 assisting the resettlement offices to complete the resettlement tasks.
G External Independent Agency of Monitoring and Evaluation
The external independent agency of monitoring and evaluation will be responsible for:
1 This is an independent agency of monitoring. It will observe all the aspects related with the RAP implementation. It will submit monitoring and evaluation report to the World Bank through the project resettlement office. Its responsibilities will be described in details in the chapter on independent external monitoring;
2 assisting the project resettlement office to prepare the RAP; and
3 providing technical assistance to the project resettlement office in the aspects of data investigation and process.
10.2 Staffing of Resettlement Organization In order for smooth implementation of resettlement activities of the project, Tuokexun County government and the PMO input a lot of human and physical resources and have established resettlement organization and equipped it with staff. The main staff of the Tuokexun County Resettlement Coordinating Office is shown in the following table.
Main staff Members of Tuokexun County Resettlement Coordinating Office
Names On behalf of Department of Ethnic Nationality
Bai Jianjun County Government Hui
Deng Jianwei County Water Resources Bureau Han
Zhu Wenlai County Construction Bureau Han
10.3 Institutional Responsibilities and Relationships
In order to make sure all involved organizations and institutions well understand their working tasks and responsibilities in the process of resettlement preparation and implementation, Tuokexun County Water Resources Bureau has signed working task definition documents, agreements or contracts with the Project Resettlement Office, design institute and M&E agency. The Project Resettlement Office takes all responsibilities for land acquisition and resettlement. During project implementation period, the above mentioned office shall sign compensation agreements with departments/organizations/resettlers involved in land acquisition and resettlement activities. The process for signing such agreements is as follows:
(1) Tuokexun County Water Resources Bureau signs Term of Reference for Alagou Reservoir Project Land Acquisition and Resettlement Assignments with the Project Resettlement Office;
(2) Tuokexun County Water Resources Bureau signs Terms of Reference for Design of Alagou Reservoir with Hunan Province Survey and Design Institute of Water Resources and Hydropower;
g78g (3) Project Resettlement Office and Tuokexun County Land Resources Bureau sign Agreement on Project Land Acquisition Compensation;
(4) Project Resettlement Office signs Letter of Appointment for House Removal and Construction with township resettlement offices;
(5) Tuokexun County Land Resources Bureau signs Land Acquisition and Compensation Agreements with township resettlement offices;
(6) Township resettlement offices sign Compensation Agreement for Land Acquisition with each of the involved villages, villager groups and resettler households; and Project Resettlement Office signs Compensation Agreement for House Removal and Construction with each of the resettler Households.
In the above mentioned terms of reference, letter of appointments and contracts, assignments, responsibilities, rights and obligations of the involved parties shall be clearly defined. The relationships of the resettlement institutions/organizations are shown in the following figure.
g79g
Tuokexun County Alagou Reservoir Project Office Project Resettlement Leading Group
Project Management Office Within Tuokexun County Water Resources Bruau
Land Structure Acquisit Removal ion Hunan Province General Hunan Province Survey & Design Institute of Survey, Project Resettlement Office Institute (Project Design Institute) Design and Research(M&E institute)
Tuokexun County Land Resource Bureau Township Resettlement Offices
Village Committee and
Villager Groups
Resettler Households
Figure 9-1 Organizational Structure for Alagou Reservoir Resettlement
10.4 Measures to Strengthen Institutional Capacity
1 Strengthen Staffing of the Institutions
All levels of resettlement institutions will be equipped with adequate staff relative rich in technical and administrative experiences.
2 Strengthen Training
A. All levels of resettlement management institutions will upgrade the capacity of their staff by means of technical training, so that they will have better knowledge of the resettlement policies of both the World Bank and the local authorities.
B. Technical training of the township resettlement office staff will also be organized to upgrade their operation qualifications and capabilities dealing with policy implementation issues.
(3 Provide sufficient financial and equipment support
(4 Establish database and strengthen information feedback, so that communication from the top down and bottom up are smooth, the Resettlement Leading group shall be responsible for making decisions on major issues on resettlement, if any.
(5) Strengthen reporting system and internal monitoring to allow for timely solution to issues that arise in the process of resettlement.
g80g (6) Establish external M&E mechanism and early warning system.
10.5 Qualifications of Resettlement Organizations and Individuals Involved in the Resettlement
For the smooth implementation of resettlement activities, Tuokexun County Alagou Reservoir Project Office and Tuokexun County Alagou Reservoir Project Resettlement Office are equipped with adequate staff especially for the project activities of land requisition and resettlement, so as to ensure effective and smooth information exchange, the staff consists of technical and administrative personnel with relevant specialty and managerial qualifications and required working experience relating to land requisition and resettlement.
10.6 Measures to Strengthen Capacity of the Resettlement Institutions
1 Strengthen Staffing of the Institutions
All levels of resettlement institutions will be equipped with adequate staff relative rich in technical and administrative experiences.
2 Strengthen Training
All levels of resettlement institutions will upgrade the capacity of their staff by means of technical training, so that they will have better knowledge of the resettlement policies of both the World Bank and the local authorities.
Technical training of the township resettlement office staff will also be organized to upgrade their operation qualifications and capabilities dealing with policy implementation issues.
(3 Provide sufficient financial and equipment support
(4 Establish database and strengthen information feedback, so that communication from the top down and bottom up are smooth, the Resettlement Leading group shall be responsible for making decisions on major issues on resettlement, if any.
(5) Strengthen reporting system and internal monitoring to allow for timely solution to issues that arise in the process of resettlement.
(6) Establish external M&E mechanism and early warning system.
g81g 11 Pubic Participation and Grievance Procedure
11.1 Public Participation
In formulating resettlement policy, making plans for resettlement and implementing the plans, the Project shall pay great attention to community participation and consultation and shall listen to opinions of sociogroups, governmental institutions, communities and resettlers. All the stakeholders shall be encouraged to participate in the resettlement and re-construction. During feasibility study and technical design in the project preparation phase, the project offices solicited opinions of relevant local departments, sociogroups, township governments and stakeholder representatives on road route section, resettlement approaches and sites, etc. In preparing for resettlement, the project resettlement offices (PROs) once again solicited opinions of all levels of local governments and resettler representatives on the compensation according to resettlement policy. With the support and assistance of all levels of local governments, this Resettlement Action Plan (RAP) is thus formulated. In the process of RAP implementation, all levels of PROs will further encourage the stakeholders to participate in the resettlement and production rehabilitation.
11.1.1 Pubic Participation during Project Preparation Period
A. In the process of social and economic surveys, physical object investigations for land acquisition compensation, selection of resettlement sites, sufficient consultations were conducted with the county government (resettlement leading group) and departments such as land resources, communication and urban construction departments of the county, the resettlement plan was defined with assistance and recognition of the above mentioned governmental departments.
B. The local governmental departments and project working team have organized discussions with relevant township and village carders and resident representatives involved in land acquisition and resettlement, and have disseminated information on necessity of the project construction and resettlement policy, etc.
11.1.2 Public Participation during Preparation of the RAP
In the process of preparation and formulation of this RAP, the local government and resettlers organized or participated in the following activities successively:
A. Governments at county and township levels: From 2005 to 2007, three working meetings were organized and attended by over 40 people, including responsible leaders at the county and townsip levels, responsible working staff members of the relevant departments. Purposes of the meetings are to organize responsible leaders to discuss implementation of land acquisition and resettlement plan, disseminate to the leaders, working staff and resettlers information on resettlement policy, consult with the resettlers their and listen to their opinions on resettlement arrangement, and arrange for preparation of preliminary resettlement plan, etc. The meetings include mainly Mobilization Meeting for Land Acquisition and Resettlement of Alagou Reservoir Construction organized by Tuokexun County government and Discussion Meeting on Resettlement Arrangement and Planning organized in the involved townships.
g82g B. In 2007, the project investigation team organized a big scale community opinion investigation, solicited opinions of the involved resettlers, villages, villager groups on project construction and resettlement arrangement. The results of the investigation are included in Table 11-1.
C. In August 2009, Tuokexun County water resources bureau together with forest bureau and land resources bureau and other relevant departments met and discussed with the 4 people who are directly affected by the reservoir construction, including Wei Shouguang, Ma Decai, Chen Zhongwan and Duan Chuanlu, soliciting their opinions and reached with them agreements on the preliminary compensation plans. The involved 4 people all agreed to acquisition and inundation of physical objects owned by them.
D. In the days to come, the county resettlement office and resettlement institutions at all levels shall adopt the following measures to strengthen information dissemination on resettlement policy and encourage public participation:
- Publicize properties affected;
Data of affected physical objects of each of the resettlers shall be publicized for supervision by all resettlers before encashing the compensation.
- Publicize compensation policy;
Before making compensations to the affected resettlers, the compensation policy and standards shall be publicized first for supervision by the resettlers.
- Prepare a booklet of information to the resettlers;
In order to ensure full understanding of the affected people and local government of details of the resettlement plan and the compensation arrangements, the project resettlement office shall prepare a booklet of information to the resettlers and distribute it to all resettlers before distributing the resettlement funds to the involved townships. The booklet shall include main contents in the RAP; compensation and resettlement policy; rights of the resettlers, feedback and grievance channels, etc.
-Organize meetings;
The meetings shall be arranged mostly before implementation of land acquisition and resettlement, aiming at further conveying in detail information on compensation policy, regulations and standards to the public to allow for earlier awareness and preparation of the affected people.
Before implementation of resettlement, local papers, radio and TV stations shall be used to publicize announcement of land acquisition and relocation arrangement of the project; within the project affected townships, villages, local languages (Han and Uygur languages) that are readily understood by the resettlers shall be used in publicizing resettlement policy, compensation standards and grievance channels to the local poople based on constitution of the local people; RAP shall be placed in the local libraries or project coordinating offices for the convenient reading or borrowing by the resettlers.
g83g 11.1.3 Public Participation in the RAP Implementation Process
The resettlers shall be encouraged to participate in the whole process of the RAP implementation, including:
A. Participation in reconstruction of houses for resettlement purpose a. House compensation standards
House compensation standards directly relate to interest of the resettler households. Before removing houses, relevant resettlement institutions shall consult and agree with the resettler households on house compensation standards and sign agreement. The consultation results must be publicized for supervision by the mass before signing the agreements. b. Sites for house reconstruction and method used for reconstruction
In the process of this RAP preparation, relevant departments conducted investigations on house reconstruction sites and method of the resettlers. According to results from the investigations, most of the resettlers are willing to reconstruct their houses within the territory of their original village and prefer to dismantle and reconstruct their houses by themselves. The local government shall provide needed assistance to the resettlers during all stages of such reconstruction. c. Original house handling
All resettler households shall get compensations to their original houses based on replacement costs. Within defined time limit, the resettler households may choose to first dismantle the old one then construct a new one or first construct a new house and then dismantle the old one, the usable material from the dismantled houses is subject to disposal by the resettler households themselves.
B. Participation in production arrangement
Participation of the resettlers in the whole process of land adjustment and reallocation must be ensured.
C. Participation in utilization and management of land compensation funds
Land compensation funds belong to the involved village collectively and shall be arranged for utilization by people’s government at above county level. No unit or individual is allowed to retain or appropriate such funds.
D. Participation in the process of reservoir construction
The project construction causes more or less impacts on the local people. In order to ensure benefits to the project affected people from project construction, participation of the people in the project construction shall be very much encouraged. Preferential treatment shall be given to local people and areas in the process of construction material supply and labor uses.
g84g Table 11-1 Results of Community Opinionaires
No. of Results No. Questions Options of Answers People Sampled 1 What do you think are the major problems Power Supply 36 12 impacting the local economic development? Transportation 36 Water Resources Problem 10 Natural Resoruces 8 Other Having No Idea 2 Do You know the construction of Alagou Yes 36 36 Reservoir will be on-going very soon? No 3 Do you think the construction of Alagou Yes 36 36 Reservoir will help accelerate the local No economic development? Having No Idea 4 De you think the construction of Alagou Yes 36 36 Reservoir is very necessary or not? No Having No Idea 5 The land requisition and structure Worthwhle 36 34 demolishment for the construction of Not Worthwhile Alagou Reservoir will generate some With Advantages and Disadvantages 2 impacts on the local people and local Having No Idea society. Do you think it is worthwhile or not? 6 Do you think it a must to support the Yes 36 36 national construction? No Having No Idea 7 What do you think the construction of More convenient and speedy transportation, favorable to mobility of Alagou Reservoir will influence on the local mineral resources, agricultural products and by-products and society and your family? other commodities; favorable to local economic development. 8 How do you think you will support the Should respond to national government’s call to cooperate and try project construction? all out to support the project construction. 9 What are your opinions and proposals on Compensation should strictly comply with the compensation the land requisition and structure standards issued by the national government, and resettlement demolishment for the construction of arrangements should be reasonable and feasible and take into Alagou Reservoir? account interests of the ordinary people.
11.2 Grievance Procedures
In the processes of RAP preparation and implementation, public participation was/shall alwaysbe encouraged. However, there may be more or less issues or problems in the practical implementation process. To ensure timely and effective settlement of the issues or problems and thus guarantee smooth construction, land acquisition and resettlement, the Project establishes transparent and effective grievance channels for the rural resettlers in addition to the established regular complaints and appeal channels of the governmental departments. The grievance procedure is as follows:
Step 1:
If a resettler is not satisfied with the decision made in Step 1, she/he may submit complaints to the respective administrative village or Township Resettlement Working Group. In cases of oral complaint, the administrative village should deal with it and record it in writing. Responsive actions should be taken by the village or working group within 2 weeks after having received reasonable requirements or suggestions.
Step 2:
g85g If the resettler is not satisfied with the decision made in the first step, he/she may appeal to the County Resettlement Office and its Leading Group. The said office should make responsive decision within 2 weeks after having received the complaint.
Step 3:
If the resettler is still not satisfied with the decision made by the County Resettlement Office, she/he may appeal to the Prefecture Project Resettlement Office; The Prefecture Project Resettlement Office should make responsive decision within 2 weeks after having received the complaint.
Step 4:
If the resettler is, again, not satisfied with the decision made by the Prefecture Resettlement Office, she/he may can prosecute in a civil court after having received the decision made by the office.
The resettlers are entitled to prosecute appeal on any aspects of the resettlement, including the compensation standards.
The resettlers will be informed of the above appeal channels through meetings or other patterns, so that the resettlers will sufficiently realize their right of appeal. At the same time, information publicity will be strengthened through media tools. The opinions and proposals from all the stakeholders on the resettlement will be complied by categories for the reference of all levels of resettlement institutions.
The appeal will be free of charge to the resettlers. In the case some fee incurred in the process of appealing, it will be paid by the PMO using project preliminary fund.
g86g 12 Monitoring and Evaluation Mechanism
In order to ensure smooth implementation of RAP and realize the objective of resettling the resettlers properly, the whole process of land acquisition and resettlement implementation will be monitored and evaluated, and the monitoring and evaluation (M&E) includes internal and external M&E as two separate parts to be conducted separately.
12.1 Internal M&E
12.1.1 Objective and Tasks
Internal monitoring aims at maintaining well-functioning resettlement institutions at all levels in the process of RAP implementation and ensuring that no infringement of the legal rights of the project affected people and of smooth project construction will occur. The auditing departments at all level shall exercise independent auditing of and supervision over relevant institutions as per requirements in the law, so as to ensure all resettlement institutions abide by the principles and timetable of resettlement implementation defined in RAP. Meanwhile, all responsible departments shall conduct monitoring of work by their subordinating institutions.
12.2.2 Institutional Arrangement and Staffing
Internal M&E shall be led by the Project Resettlement Office and implemented by the County Resettlement Office (or Project Coordinating Office) and project affected units. To ensure effectiveness of internal M&E, the resettlement institutions at all levels have been equipped with designated full-time staff members who have already participated in preparation of this RAP and will conduct internal M&E of process of RAP execution and implementation.
12.1.3 Main Contents of M&E
Allocation and utilization of resettlement compensation funds;
Selection and distribution of new housing land;
Reconstruction of privately owned houses;
Support to vulnerable groups;
Employment arrangements for affected laborers;
Quality and quantity of newly reclaimed land;
Land adjustment and allocation;
Delivery of land resettlement compensations;
Allocation of shops that individually or privately owned;
Recovery of specialized structures;
Timetable of the above mentioned activities;
g87g Implementation of policy and regulations defined in RAP;
Participation of and consultation with resettlers in the process of RAP implementation;
Staffing, training of staff, working timetable and operational performance of resettlement institutions at all levels.
12.1.4 Implementation Procedures
A. Project Resettlement Office exercises internal monitoring mechanism to check resettlement activities. Basic database of land acquisition, house removal and resettlement arrangement shall be established by the above mentioned office for monitoring of the whole process of preparation and implementation of resettlement.
B. During project implementation, resettlement institutions at all levels shall all establish corresponding resettlement information database, update dynamically the database according to actual implementation progress, and report in a timely manner to upper level resettlement institution on progress and submit activity records, so that a continuous monitoring of resettlement implementation can be maintained.
C. The above mentioned monitoring mechanism shall use information forms in fixed format to realize continuous information flow from village level to project resettlement office. As important components of the internal monitoring system, the County Resettlement Office and township resettlement offices will all conduct regular inspections and verification of resettlement activities.
12.2 External Independent M&E
12.2.1 Tasks and Objectives
External monitoring and evaluation is mainly to carry out regular M&E on the activities of land requisition and resettlement from outside the resettlement institutions so as to evaluate whether the objectives of resettlement are achieved. Through external M&E, comments and suggestions on the whole process of resettlement and rehabilitation of the production and livelihood conditions will be provided as an early warning signals to the project implementation agencies and a channel through which opinions of the resettlers can be expressed.
The external M&E agency shall be acting as advisor to the Project Resettlement Leading Group and Project Resettlement Office, keeping track of the resettlement activities based on the RAP and shall provide recommendations on decision-making according to its M&E results.
12.2.2 External M&E Agency and Its Staffing
For the time being, the Project Office has not yet made final decision on selection of external M&E agency, but the Institute of Ethno-National Study Xinjiang Academy of Social Sciences has been preliminarily chosen as the external M&E agency. The external M&E agency shall conduct all basic M&E work through providing technical assistance to the Project Office and conducting surveys of resettlers and livelihoods of
g88g the project affected people. At the same time, the agency shall assist the Project Office to prepare annual and semi-annual M&E reports.
12.2.3 Main M&E Indicators
A. Main M&E Indicators
(1) Progress: including progress on preparation, implementation of land acquisition and house removal activities and resettlement of the people, etc.
(2) Quality: including quality of resettlement construction and satisfaction degree of the resettlers in the process of land acquisition and resettlement implementation, etc.
(3) Investment: including allocation and utilization of funds, etc.
B. The main M&E indicators cover the following aspects:
(1) Resettlement i) Economic status: including economic development situation of the resettler households before and after the resettlement, i.e. comparison of household production and living material, properties and income of before and after resettlement implementation; ii) Environmental condition: including living environment, i.e. conditions of transportation, culture and education, healthcare, commercial service and other public infrastructure of the resettlers before and after resettlement implementation; iii) Employment situation: including occupation changes and employment ratio of the resettlers, and assistance provided to various groups of people, especially the poor households, ethnic minority households; iv) Community development: including situations of economic and environmental development, interpersonal relationship and public consensus, etc.
12.2.4 M&E Methods
M&E shall be based on data from surveys provided by survey design institute and resettlement implementation institutions. M&E shall be conducted by combining sampling survey and rapid evaluation. Representative typical samples shall be selected from the resettlers, villages and townships, and M&E indicator system shall be established to reflect various target groups that are affected by the project construction. Senior resettlement experts shall be invited to use “back to back method” to define the weight factor of various indicators. After non- dimensionalization of the indicators is done by referring to results of up to date, domestic and international researches regarding living quality, analysis and calculation of the survey results shall be conducted and followed by comparative evaluation of the results obtained.
The external M&E agency will also carry out the following activities:
(1) Survey of Living Standards of the Resettlers
g89g This includes overall baseline survey and collection of baseline data regarding production and living standards of the sampled resettler households (random selection of the samples will be used in the initial stage). Surveys of production and living standards shall be conducted 1 to 2 times a year to measure the changes using methods of regular surveys, random interviews and field observations, so as to obtain necessary and relevant data. Evaluation shall be conducted based on the obtained data.
The form to be used for production and living standard surveys consists of various indicators that are measures of the production and living standards. Dynamic changes of a same indicator before and after the resettlement shall be used to reflect impacts of the project construction. Whether the indicators defined can actually reflect the changes of production and living standards of the resettlers will be verified by baseline surveys, and improvement can be done based on actual situations, so that information obtained can truly and completely reflect the production and living standards of the resettlers both quantitatively and qualitatively.
Size of the samples of the resettlers:
Resettlers: 100%; Land acquisition affected villages: 100%; Privately-owned shops: 100%.
(2) Public Consultation
The external M&E agency will participate in public consultation meetings of the villages and townships. Through participating in such meetings, the external M&E agency can evaluate the effectiveness of resettlers’ participation and cooperation of resettlers in implementing the RAP. During and after resettlement implementation, such participation activities shall be sustained.
(3) Opinions of the Resettlers
The external M&E agency shall regularly visit the township and village resettlement institutions to learn about complaints of the resettlers, and meet with the resettlers who have complaints using formal or informal interviews, so that the complaints and requirements of the affected people and organizations can be reflected in a timely manner and suggestions on improvement can be put forward for more effective resettlement implementation.
(4) Other obligations of the External M&E Agency
During implementation period, the external M&E agency should monitor the following activities:
(i) Selection of resettlement sites;
(ii) Reconstruction of houses;
(iii) Support to vulnerable groups;
(iv) Arrangements made for the privately-owned shops or individually- owned businesses;
g90g (v) Reconstruction of specialized structures;
(vi) Disbursement and quantity of compensations;
(vii) Relocation removal of the resettlers;
(viii) Employment of the laborers;
(ix) Training;
(x) Timetables of the above mentioned activities;
(xi) Institutional structure of resettlement network;
(xii) Utilization of compensations to collectively owned land and benefits to the resettlers;
(xiii) Income increase from employment arrangement for the laborers.
12.2.5 M&E Working Steps
(1) Prepare outline of M&E;
(2) Develop software for resettlement M&E information system;
(3) Prepare outlines and forms for surveys, as well as registration cards of the typical villages and households;
(4) Design programs for sampling surveys;
(5) Conduct baseline surveys;
(6) Establish M&E information system;
(7) Carry out monitoring and surveys, including:
- social and economic surveys of the prefecture;
- monitoring of the resettlement implementation institutions;
- surveys to the typical villages;
- surveys to the typical households;
- other typical surveys.
(8) Process and compile data from the monitoring and establish database;
(9) Conduct comparative analysis;
(10) Prepare one M&E report annually.
g91g 13 Plan for Report Preparation
13.1 Resettlement Action Plan (RAP)
This RAP was submitted to the World Bank in December 2008 via the Turpan Prefecture Project Management Office for World Bank Funded Turpan Water Conservation Project and is now revised according to requirements of the World Bank and submitted to the World Bank for its review.
13.2 Resettlement Progress Report
A. Reporting Frequency
After the date of resettlement implementation, resettlement institutions at all levels should submit once every three months a resettlement progress report to the upper level resettlement institution. Based on progress reports by all resettlement institutions, the Project Resettlement Office shall submit to the World Bank twice a year Resettlement Progress Report for Alagou Reservoir Construction in Tuokexun County that is due respectively before June 30 and before December 31 of each year.
B. Format of the Progress Report
In accordance with requirements of the World Bank, the progress report includes two parts, the first is a text part to summarize land acquisition and resettlement compensation status, reflect issues, problems and difficulties encountered in the process of resettlement implementation, and describe methods and measures taken to solve the problems and difficulties; the second part consists of tables (see Table 13-1 and Table 13-2) that are provided by the World Bank and contain semi-annual statistical data to compare planned and actually accomplished amounts of land acquisition, resettlement and compensation fund allocation.
Table 13-1 Implementation Progress on Land Acquisition and Resettlement
Submitted by (Name of Institution) Data as of Day Month Year Date of Preparation Day Month Year
Accomplished by Accomplished Percentage of Items Unit Planned end of this quater Accumulatively Accomplished Fund Allocation Reconstruction of Privately-owned
Houses Moving into New Houses Removal of Old Houses Public Infrastructure Construction Power Line Recovery Recovery of Line of
Communication
g92g Land Acquisition Land Reclamation Prepared by: (signature of the person(s)) Signature of Responsible Leader: (Stamp of the institution that submits the table)
Table 13-2 Statistics of Utilization of Funds of Land Acquisition Compensation and Resettlement Subsidy
Data as of Day Month Year Date of Preparation Day Month Year Name of Allocated funds for land acquisition Activities Quantity/Unit Investment (yuan) Villages compensation and resettlement subsidy (yuan)
Prepared by: (signature of the person(s)) Signature of Responsible Leader: (Stamp of the institution that submits the table) Notes: Column 2 “Activities” refers to canal construction/rehabilitation(m), construction of pumping station(No.), animal raising (head), land reclamation(mu), public infrastructure construction, establishment of enterprises (No.), etc.
13.3 Independent Resettlement M&E Report
The external M&E agency shall submit its working report within one month after completion of its work each time. When submitting to the World Bank its annual resettlement progress report, the Project Resettlement Office shall attach to it the M&E report prepared by the external M&E agency.
A. Reporting Frequency
As per requirements of the World Bank and arrangement of the external M&E agency, M&E shall be conducted once a year, more specifically, in October of every year, and a M&E report should be submitted before November 30 each year. Land acquisition, relocation and resettlement under the project is planned to be finished by October 2010. In May 2010, outline of the M&E work, sample selection for land acquisition and resettlement and collection of baseline data of the selected samples shall be accomplished, along with database establishment.
B. Contents of the External M&E Report
(1) Baseline surveys of the resettlers;
(2) Progress on land acquisition and resettlement;
(3) Production arrangement and recovery;
g93g (4) House removal and reconstruction of the resettlers;
(5) Living standards of the resettlers;
(6) Allocation and utilization of resettlement funds;
(7) Performance of resettlement implementation institutions and benefit evaluation;
(8) Support provided to the vulnerable groups;
(9) Existing problems and recommendations.
g94g
g95g