PRC: Songhua River Basin Water Pollution Control and Management Project – Meihekou City Sanitary Landfill Project

Resettlement Planning Document

Resettlement Plan Document Stage: Final Project Number: 40665 July 2008

Prepared by Meihekou City Jiecheng Solid Waste Treatment Company.

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

Endorsement Letter for the Resettlement Plan

The Meihekou City Development and Reform Committee have approved the Meihekou Sanitary Landfill Project. The project will start in April 2009 and complete in April 2011. The Meihekou City Development and Reform Committee, through the Central Government, have requested a loan from ADB to finance part of the Wastewater Project. Accordingly, the project must be implemented in compliance with ADB social safeguard policies. This Resettlement Plan (RP) represents a key requirement of ADB and will constitute the basis for land acquisition, compensation and resettlement. The RP complies with PRC laws and local regulations. The City Government and the Jilin Provincial Government will also design and implement this RP in full compliance with ADB Policy on Involuntary Resettlement.

The Meihekou City Development and Reform Committee hereby endorse the contents of the attached RP and ensure that funds will be made available as stipulated in the budget. It has discussed the RP with relevant the City Government officials and has obtained their concurrence. Meihekou Jicheng Solid Waste Treatment Company, as the responsible agency to implement the project and related resettlement activities.

Date: July 2008

Signed by:

ABBREVIATIONS AND ACRONYMS

Note: While all acronyms and abbreviations are defined in the text, this list is presented to highlight the most important ones.

ADB Asian Development Bank HH Household AAOV Average Annual Output Value CRC Community Residents’ Committee CRO County Resettlement Office mu Chinese land area unit of measure: 1 mu = 0.0667 ha PAH Project Affected Household PAP Project Affected Person PRO Project Resettlement Office RMB Renminbi—another word for the PRC Currency, the Yuan RP Resettlement Plan SES Socioeconomic Survey DI Design Institute RIB Resettlement Information Booklet CNY Abbreviation for Yuan, PRC’s currency MJSWTC Meihekou Jiecheng Solid Waste Treatment Company

Executive Summary

1. Scope of Land Acquisition and House demolition

The proposed project will acquire the land area of 536.7 mu in Lianshan and Changjia Villages, which include 142.6 mu farmland, 360.9mu forest land, 17.9mu wasteland and 15.3mu other types of land, which would affect 45 households and 144 persons. The proposed project would also cause relocation of 21 households and 72 persons, including one household from land acquisition, and 20 households to be affected by environment impact in order to maintain safe distance. A total of and 1808m2 will be demolished. All together, the proposed project will have impact on 61 householods with 198 persons (there are 5 households and 18 persons to be affected by both land acquisition and relocation).

2. Resettlement Pricinciples

The present Resettlement Plan (RP) is made in accordance with the Land Administration Law of the People’s Republic of China, related policies in Jilin Province and Meihekou City, and ADB’s Policy and requirements on Involuntary Resettlement. The resettlement pricinciples including:

(i) The land acquisition should be minimized through optimal options selection; (ii) The temporary land occupation should be minimized; (iii) The resettlement should strictly follow the relevant compensation policies; (iv) The RP should be combined with local development program; (v) The resettlement schemes and compensation standards should be consulted with the affected persons who should be encouraged to participate.

3. Resettlement Policies

The resettlement policies follow the Land Administration Law of the People’s Republic of China, related policies in Jilin Province and Meihekou City, and ADB’s Policy and requirements on Involuntary Resettlement to ensure that the affected persons remain their standards of living or improve their incomes after the resettlement.

4. Public Participation and Grievance Redress

The people affected have been notified about the key elements of the RP on various occasions such as interviews, group discussions, public consultation workshops, and community consultation meetings. Local representatives have participated in the planning of the RP and their concerns have been integrated into the RP. The grievance redress procedures have been clearly described in the present RP. 5. The external monitoring and evaluation agency will be contracted to monitor the resettlement implementation, identify the relevant issues in the process and report to the resettlement progress on a continuous basis.

5. Resettlement and Rehabilitation Planning

Based on the opinions and suggestions from the affected persons and the actual sitiuatoins of the project-affected area, the rehabilitation plan is made as the following: (i) The compensation for land and the resettlement subsidies will be paid to the affected villages and individuals, land readjustment will be carried out in No.1 Group of Lianshan Village. (ii) The relocated farmers will be compensated in cash based on replacement value and provided with replacement sites near existing locations free of charge.

6. Resettlement Institutions

During the resettlement implementation, the resettlement institutions in resettlement planning, management and supervision include the Project Mangement Office of Meihekou City, the City Construction Bureau, the City Land Resources Bureau, the City Forest Bureau, the Meihekou Jicheng Solid Waste Treatment Company, the external M&E Agency and so on.

7. The Resettlement Budget

The resettlement budget is about 43.52 million CNY including 10% contingencies.

8. The Monitoring and Evaluation

The resettlement monitoring and evaluation consists of two parts: internal and external monitoring and evaluation. The internal M&E will ensure that resettlement is implemented according to the resettlement pricinicples and schedules stipulated in the RP. While external M&E will be carried out by the external M&E agency, who will provide the technical advices to the project management office to ensure the identified issues could be resolved in a timely manner. Resettlement Supervision Table Responsible Completion No Resettlement Tasks Target Status Agency Deadline 1. Disclosure Lianshan Village; Village Commiittees; 1.1 Information booklet 2008.6 Changjia Village MJSWTC Resettlement plan distribution Lianshan Village; Village Commiittees; 2008.6 1.2 to resettlement Changjia Village MJSWTC offices/villages/APs 1.3 RP placed on ADB website ADB ADB 2008.7 MJSWTC, PMO and 1.4 Completed RP 2008.7 DI 2. Resettlement Plan and Budget Meihekou City 2.1 Approval of RP& budget 2008.7 Government 2.2 Updated RP based on DMS ADB MJSWTC 2008.11 Reviewed by Land Resources Land Resources 2.3 MJSWTC 2008.7 Bureau Bureau 3. Compensation Agreements Lianshan Village; 3.1 Village agreements MJSWTC 2009.1 Changjia Village 3.2 Agreements with households The affected villagers Village Committees 2009.1 Detailed Measurement 4. Survey( DMS) Measuring and 4.1 Complete redline survey (map) Project Sites 2008.11 Mapping Unit 5. Detailed Rehabilitation Plans Lianshan Village; 5.1 Village rehabilitation plans Village Committee 2008.12 Changjia Village 6. Implementation Capacity 6.1 Project Management Office City Government 2008.5 Designate village Lianshan Village; 6.2 MJSWTC 2008.6 representative Changjia Village 6.3 Staff Training The affected persons MJSWTC 2009.6 7. Monitoring and Evaluation According to The Monitoring 7.1 Baseline survey 2009.01 Resettlement Plan Agency According to 7.2 Set-up internal supervision MJSWTC 2008.12 Resettlement Plan According to 7.3 Contract external monitor MJSWTC 2008.9 Resettlement Plan Project Management 7.4 Internal monitoring reports Quarterly 2009.4 Office 7.5 External monitoring reports Bi-annual The external monitor 2009.6 7.6 Evaluation reports Annual The external monitor 2011.4 Resettlement Completion MJSWTC 7.7 2011.4 Report 8. Documentation of Consultation According to RP MJSWTC Ongoing 9. Documentation of Grievances As required MJSWTC MJSWTC, Village 10. Flow of Funds/Compensation According to RP 2009.1 Committees Lianshan Village; According to 10.1 To affected villages 2009.1 Changjia Village Resettlement Plan Lianshan Village; According to 10.2 To affected households 2009.1 Changjia Village Resettlement Plan

I. INTRODUCTION

A. Project Background

10. Meihekou is located in the southeast part of Jilin Province with the total land areas of 3.246 million mu and 1.5 million mu farmland. Currently, Meihekou City has only one simple solid waste landfill site, which has been operated for many years. It is about to be full in one or two years. Therefore, it’s quite necessary and urgent to construct a large-scale modern and standard sanitary solid waste landfill site.

11. The treatment capacity of the proposed landfill site is 400t/d and the total storage capacity of the proposed landfill site is 3.6 million m3 with the service period of 17 years. The total investment of the proposed project is 125.0484 millon CNY. The civil works construction starts in April 2009 and will last 24 months. The current situation of the proposed landfill site is shown as Figure 1.

Figue 1: The Current Situation of the Proposed Landfill Site

B. The Project Impact

12. The proposed landfill site is located in Group 1 of Lianshan Village in Lilu Township. It will acquire 536.7mu collective-owned land in Lianshan and Changjia villages including 142.6 mu farmland, 360.9mu forest land, 17.9mu wasteland and 15.3mu land other types of land. The proposed land acquisition will affect 45 households with 144 persons. The project would also cause house demolition and relocation of 21 households and 72 persons. The total area of house demolition is 1808m2. Within 21 affected households, 20 households are to be resettled due to environmental impact and only one household is to be resettled due to land acqsuition. After relocation of 20 households due to environment impact, 16 mu of dryland could be reclaimed; but the resettlement of 21 households would require 11 mu of dryland from the same village, which will affect 10 households and 35 persons. They are included in the total affected households by the project.

13. The land acquisition and house demolition will affect a total of 61 households and 198

2 persons including 5 hosueholds and 18 persons to be affected by both land acquisition and relocation.

C. Resettlement Plan Preparation

1. Objectives of Resettlement Plan

14. Several design options are developed to select a preferred option with no or minimum land acquisition and resettlement. However, if the land acquisition and resettlement cannot be avoided, the mitigation measures should be taken to minimize negative impact on local people’s production and lives.

15. The objective of the resettlement plan is to improve their standards of living or at lease be restored after the project impact through compensations.

16. The affected persons are encouraged to participate into the preparation of the Resettlement Plan.

2. Methodology and Process in Preparation of RP

17. The design institute identifies the scope of land acquisition and resettlement based on the feasibility study report.

18. The design institute undertakes the physical indices survey on the project-affected areas with the support of the Meihekou Construction Bureau and the affected communities.

19. After the consultation with affected persons, the resettlement polices is formulated in accordance with the relevant national regulations and ADB policy on involuntary resettlement.

20. After the consultation with the affected communities and persons, the RP will be submitted to ADB for review and it will be revised based on ADB comments if required.

21. The final RP will be uploaded to ADB website for disclosure.

3. Measures to Reduce Project Impact

22. MJSWTC and the government agencies have made tremendous efforts in selecting the project site based on the site selection principles for construction projects and the ADB relevant polices with an aim to minimize the land acquisition. At the same time, they have made the various mitigating measures for those unavoidable resettlement and land acquisition. The detail is shown as Table 1-1. Table 1.1 Measures to Reduce Project Impact Types of Scope of Impacts PAF before Migitation Impact After The Affected Project before measures measures Measures/Sche measures Taken Households Impact Taken taken mes 568.05mu land to Adjusted the 536.7mu land to be be acquired layout of the 55 households acquired including Permanent including landfill site and and 168 142.6mu farmland, 45 households Land 173.95mu reduced persons to be 360.9mu forest land and 144 perons Acquisition farmland, 360.9mu acquired affected and 33.2mu land in forest land and farmland by other types. 33.3mu land in 31.35mu

other types. 33 households Adjusted the A total of 1808 m2 of A total of 2752m2 of House and 95 perons layout and houses to be 21 households houses to be Demolition to be reduced 944m2 demolished after and 72 persons relocated relocated house demolition measures taken

23. After taking measures to minimize the project impact according to the laws and regulations of PRC and Jilin Province and regulations of local government, the final scope of impacts includes acquisition of 536.7 mu of land areas with 142.6 mu of farmland, and demolition of 1808 m2 of houses. A total of relocation of 61 households and 198 persons will be affected.

24. In addition, the access road to the proposed site will use the exisiting road in which way the temporary land occupation will be avoided.

II. SOCIO-ECONOMIC SURVEY

A. Economic Situation of Meihekou City

25. Meihekou City is located to the southeast of Jilin province, to the northeast of Tonghua City, to the west of Changbaishan Mountain and the upstream of Huifa River. The City includes 1 provincial-level economic development zone, 24 towns or townships, 303 administrative villages and 27 residential communities. It covers the total land area of 2174km2 including the urban built up area of 22 km2.

26. In 2006, the GDP of Meihekou City was 8.21billion CNY and increased 23.8% than the previous year. The fiscal income in 2006 was 510 millin CNY; the fixed assets investment was 4.08 billion CNY; and the gross retail revenue was 2.99 billion. In 2006, the disposable income of urban residents in Meihekou City was 6607 CNY and per capita net income for rural residents was 3867.5 CNY.

B. Project Affected Village

27. The proposed project will permanently acquire 536.7mu of land areas, which will affect 2 village groups in Lianshan and Changjia Villages. The construction of project would also involve with house demolition of 21 households, which will affect 2 groups in Lianshan and Guangju Villages. The information about the affected villages is shown as Table 2-1 and 2-2. Table 2-1: The Affected Villages The Affected Total Total Farmland Farmland per Total Forest Total Household Villages Populuation (mu) capita（mu） Land Lianshan Village 408 1624 4027 2.48 1700 Changjia Village 420 1740 3000 1.73 150 Guangju Village 185 720 3000 4.17 2600

Table 2-2: The Affected Village Groups The Affected Total Total Farmland Farmland per Total Forest Total Household Village Groups Populuation (mu) capita（mu） Land Group 1 of 58 269 1000 3.72 600 Lianshan Village Group 2 of 75 339 780 2.30 0 Changjia Village Group 5 of 30 110 480 4.36 420 Guangju Village

C. The Project Affected Household Survey

1. Overview 28. The proposed project will acquire the land 536.7mu permanently, which will affect 45 households with 144 persons. At the same time, it will demolish the houses, which will affect 21 households with 72 persons. For all the households affected by house demolition, only one household is affected by civil works construction and the other 20 households are affected by environmental impact. The details are shown as Table 2-3.

Table 2-3 Total Affected Households and Persons Households Households Households affected by affected both by Total Affected affected by land House Demoliton land acquisition and Households Village Groups acquisition only only house demolition HH Persons HH Persons HH Persons HH Persons Group 1 of 20 62 15 51 5 18 40 131 Lianshan Village Group 2 of 20 64 0 0 0 0 20 64 Changjia Village Group 5 of 0 0 1 3 0 0 1 3 Guangju Village Total 40 126 16 54 5 18 61 198

29. According to the survey, there are 4 persons categorized as affected vulnerable group including 1 person unable to work, 2 persons with mentally retarded and 1 persons receiving mimimum living subsidies. 30. The proposed project will not acquire the land to be left by the resettlement due to environmental impact and hereby it can be reclaimed into farmland after house demolition and relocation for 20 households. The total reclaimed farmland will be 16mu and cost of land reclamation will be paid by the project. The proposed resettlment site for relocated households is located in Yaojie of Lianshan Village. A total of 11 mu of dryland will be required, which belongs to Group 1 of Lianshan Village, affecting10 households with 35 persons. They are part of the total affected 61 households by the Project. These 10 households will get the replacement farmland reclaimed from the relocation of households due to environmental impact plus compensation for the loss of agricultural outuput value for the affected lands.

B. Project Impact Survey

31. In order to better understand the project impact, 20% of the affected household survey was conducted in March/April 2008. There were 13 households surveyed including 5 households affected by house demolition, and 8 households affected by land acquisition. All the affected are rural population with the education level below the high school. The detailed information about the affected households is shown in Table 2-4, 2-5 and 2-6. Among total survey households, there are 45 persons with 21 females.

Table 2-4: The Surveyed Households Total Surveyed Total Surveyed Among them, Items Households Persons females Households affected by House Demolition 5 19 9 Households affected by Land Acquisition 8 26 12 Total 13 45 21

32. Table 2-5 presents education situation for the sample households. Among total surveyed people, 3 of them are under school age. Among the rest of 42 persons, 15 of them have education of primary school with 6 females and 9 males; and 24 of them have education of middle school, with 12 males and 12 females.

Table 2-5: The Educational Level of the Surveyed Households Sex Under 5 years old Illiterate Graduates from Above Middle School Primary School Male 2 1 9 12 Female 1 2 6 12 Total 3 3 15 24

33. In terms of land holding per household, the average farmland for sample households is 12 mu, ranging from 6 mu to 30 mu. On housing condition, the average housing area among sample households is 81 square meters per household, ranging from 63 square meters to 110 square meters (Table 2-6).

Table 2-6: Landholding and Houses of the Surveyed Households No. of the Affected Items Minmum Maximum Mean Households land holding 8 6 30 12 （mu/household） 5 Total housing (m2） 63 110 81

34. The incomes and expenditures of the surveyed households are shown as Table 2-7 and Table 2-8. Among total income or 4,653 CNY per capita, agricultural income accounts for ony 26.1%, while income from migrant labor is 53.3%. Among the total expenditure, the largest is transport and communication with 30.5%, followed by food with 23.9%, medical care with 14%, clothes with 11.2%, and housing with 7.5%.

Table 2-7: The Income Sources of the Surveyed Household in 2007 (%) No. Agriculutural Daily Labor Commercial Others Total (CNY) 01 60 0 0 40 4800 02 80 0 0 20 3000 03 20 50 0 30 20000 04 10 80 0 10 60000 05 20 10 65 5 15000 06 0 100 0 0 20000 07 10 80 0 10 10000 08 35 55 10 0 3000 09 30 70 0 0 3500 10 90 0 0 10 30000 11 15 75 0 10 7000 12 10 50 30 10 24000 13 30 30 0 40 9000 Average 26.1 53.3 8.2 12.4 16100 Note: Other refers to income from land rent, house rent and bank interest.

Table 2-8: The Major Expenditure of the Surveyed Households in 2007 Transport Medical Other Total HH ID Food Clothes Housing Education communicati care s (CNY) on 01 20 3 9 0 31.3 31.3 5.4 4600 02 12 0.5 6 0 15 8 58.5 2800 03 20 10 8.2 25 25 10 1.8 10000 04 30 20 5 10 5 28 2 25000 05 23 8 7.5 0 10 40.2 11.3 12000 06 25 6 3.4 0 15 30.6 20 12000 07 18.5 12.3 7.8 0 20 35 6.4 8000 08 24.2 20 10 0 3 42 0.8 3000 09 15.6 0.9 14 0 21.3 35 13.2 3200 10 16.5 13 9 9.9 8.6 43 0 15000 11 33.2 3.3 2.1 0 12.6 35 13.8 7000 12 26 15.6 15 6 16 21.4 0 12000 13 26.8 3.5 6.5 0 26 33.6 3.6 8000 Average 23.9 11.2 7.5 5.9 14 30.5 7 9431 Note: Housing includes water supply, wastewater, energy consumption and house renting; Transportation and communication include traffic, landline telephone, mobile phone and gifts etc.

35. According to Table 2-9, the female income accounts for 25% of the total family incomes, mainly from farming and wage income of working in the Nut Processing Plant of Lilu Township.

Table 2-9: The Female Income Percentage in the Affected Household in 2007 The Total % of female % of female No. Including female Population members incomes 01 2 1 50% 40% 02 2 1 50% 10% 03 6 2 33% 10% 04 7 4 57% 10% 05 2 1 50% 40% 06 2 1 50% 20% 07 3 2 67% 40% 08 3 1 33% 0 09 3 1 33% 30% 10 3 2 67% 20% 11 2 1 50% 40% 12 7 3 43% 35% 13 3 1 33% 25% Total 45 21 47% 25%

36. Different opinions on resettlement in male and female are shown as Table 2-10.

Table 2-10: The Different Opinions on Resettlement in Male and Female Male Female Item Primary Secondary Primary Secondary 1 Fair Compensation Primary Primary 2 Timely compensation Primary Primary 3 Beginning a new business Secondary Secondary 4 Cultivating redistributed farmland Secondary Secondary 5 Loss of income Primary Primary 6 Future employment Primary Primary

7 Children’s education Primary Primary 8 Compensation during resettlement Secondary Primary 9 Being separated from children and Primary Primary relatives

37. According to the survey, both males and females are concerned about the fair compensation and timely delivery of compensation. About 60% of them have planned to go out for work in the cities. All the surveyed households agreed with land acquisition and are confident that they will be compensated fairly. The surveyed households showed willingness to relocate in the good locations and are now satisified with the compensation standards. They also hope that they will get support from the government in applying for new housing plots and financial support in starting new business.

III. PROJECT IMPACT

A. Overview

38. In March 2008, The Land Resources Bureau of Meihekou City measured the proposed farmland to be acquired. At the same time, the Forest Bureau of Meihekou City estimated the areas of forest land to be acquired and the number of trees. Meanwhile, the Meihekou Urban Construction Planning Office measured the houses to be demolished. The proposed project will acquire the land area of 536.7 mu in Lianshan and Changjia Villages, which will affect 45 households and 144 persons. It will also demolish the residential houses of 21 households in Lianshan and Guangju villages, which will affect 72 persons. The resettlements will aquire the land area of 11mu, which will affect 10 households and 35 persons. The detailed information about the project impact is summarized as Table 3-1.

Table 3-1: Project Impact Summaries Uni The Affected The Affected Types of Impact No. The Affected Village/Group t Households Persons

Mu 9.4 Group 2 of Changjia Village 20 64 Dry land Mu 119 Group 1 of Lianshan Village 20 67 Paddy Land Mu 14.2 Group 1 of Lianshan Village 1 3 8（including 4 23（including 13 Permanent HH affected persons affected Land Forest Land Mu 360.9 Lianshan Village Acquisition by farmland by farmland acquisiiton） acquisition） Wasteland Mu 17.9 Lianshan Village —— —— Other Land Mu 15.3 Lianshan Village —— —— Subtotal Mu 536.7 45 144 House Residential m2 1396 Group 1 of Lianshan Village 20 69 Demolition House m2 88 Group 5 of Guangju Village 1 3 Subtotal m2 1484 21 72 Land Acquisition due to Mu 11 Group 1 of Lianshan Village 10 35 Resettlement Subtotal Mu 11 Group 1 of Lianshan Village 10 35

B. Permanent Land Acquisition

39. The Project will acquire the land areas of 536.7mu in Lianshan and Changjia Villages.

The detailed information is shown as Table 3-2. Among total acquired land areas, there are 527.3 mu from Lianshan Village including 133.2 mu of farmland, 360.9 mu of forest land and 33.2 mu of waste land or other land, affecting 25 households and 80 persons; and 9.4 mu from Changjia Village and all of them are farmland, affecting 20 households and 64 persons. In total, there are 45 households and 144 persons to be affected by the permanent land acquisition.

Table 3-2: Survey on the Affected Land The affected Land Acquisition（mu） Household Types Farmland Forest Waste Total（mu） Village/Group Dry Paddy Others Household persons Land Land Land Field Group 1 of Lianshan 119 14.2 360.9 17.9 15.3 527.3 25 80 Village Group 2 of Changjia 9.4 0 0 0 0 9.4 20 64 Village Subtotal 128.4 14.2 360.9 17.9 15.3 536.7 45 144

40. As indicated in Table 3-3, the permanent land acquisition will affect 45 households and 144 persons including 37 households and 121 persons affected only by farmland acquisition, 4 households and 10 persons affected by only forest land acquisition and 4 households and 13 persons affected by both farmland and forest land acquisition.

Table: 3-3: The Affected Households and Persons Households both affected by Households only affected Households only affected The total affected farmland and forest land by farmland acquisition by forest land acquisition households acquisition No.of No.of No.of Households Households Households No.of persons Households persons persons persons 37 121 4 10 4 13 45 144

1. Farmland Losses

Table: 3-4: The Land Acquisition Impact Analysis Group 1 of Group 2 of I. Impact Lianshan Village Changjia Village 1 No.of HH 21 20 2 No. of Agriculutural Population 70 64

3 Farmland（mu） 275 147.2 4 Land Acquisition（mu） 133.2 9.4 5 Per capita landholding before land acquisition（mu） 3.92 2.30 6 Per capita landholding after land acquisition（mu） 2.03 2.16 7 Loss of Land (%) 48% 6% 8 Loss of Income (%) 12.5% 1.6% Ⅱ Land Losses of the affected households 9 <10% 0 20 10 10%-30% 3 0 11 30%-50% 7 0

12 50%-70% 6 0 13 70%-90% 4 0 14 100% 1 0 15 Subtotal 21 20 III Land losses ratio in terms of population 16 <10% 0 64 17 10%-30% 11 0 18 30%-50% 24 0 19 50%-70% 19 0 20 70%-90% 13 0 21 100% 3 0 22 subtotal 70 64

Table: 3-5: The Farmland Extent Losses of the Affected Households Paddy Field Losses 50%-70% Total No. of Farmland 20 – 30 mu 1 Subtotal 1 Dry Land Losses 10% 10%-30% 30%-50% 50%-70% 70%-90% 100% Total No. of Farmland 〈 5 –10 mu 8 2 2 3 4 1 11 –20mu 10 1 3 1 0 0 21 –30mu 2 0 2 1 0 0 Subtotal 20 3 7 5 4 1

41. The above table shows that the land losses ratio of affected households from Group 1 of Lianshan Village and Group 2 of Changjia village. For No. 1 Group of Lianshan Village, their original land holding is 275 mu; after acquisition of 133.2 mu or 48%, they will have 141.8 mu remaining. Among total 21 affected households, 3 households would lose less than 10% of land holding; 7 households would lose 10-30% of land holding; 6 households would lose 30-50% of land holding; 6 households would lose 50-70% of land holding; and 5 households would lose more than 70% of land holding, including one household will lose all the land holding. For No. 2 Group of Changjia Village, their original land holding is 147.2 mu; after acquisition of 9.4 mu or 6%, they will have 137.8 mu left. Among 20 affected households, all of them will lose less than 10% of their land holding.

42. In Meihekou City, the net income from dryland is about 500 CNY per mu and net income from paddy land is about 750 CNY per mu. The land acquisition of 142.6 mu of farmland would cause reduction of 74,850CNY net agricultural income for these two villages. Given the fact that income from agricultural activities is 26.1%, the land loss of 48% in Lianshan Village will cause income loss of 12.5%; and land loss of 6% in Changjia Village will cause income loss of only 1.6%.

43. For these two affected villages, based on different scale of impacts and consultations with affected villages, two different rehabilitation methods will be used. One is to provide cash compensation directly to the affected households with no land readjustment by the village group. The other is to carry out land readjustment within the village group and to redistribute compensation equally among all village group members. Among two affected villages, Changjia

Village selected cash compensation option due to limited impact; while Lianshan Village selected the approach of land readjustment within the group plane distribution of land compensation.

44. For No. 1 Group of Lianshan Village, in order to mitigate land acquisition impacts on 21 affected households averaging 48%, after extensive discussions, it is agreed that group wide land readjustment will be carried out after land acquisition. As a result the average land loss impact will be reduced to 12.8% for all village members, and per capita farmland would be reduced from 3.71 mu before land acquisition to 3.24 mu for the whole group. After land acquisition, the affected people could continue farming and their basic life style will not be changed. With such rehabilitation measure, income loss caused by land acquisition will be reduced to 3.3% for each affected household. To compensate such loss, 90% of land compensation and 100% of resettlement subsidy will be distributed evenly among all members of the village group.

45. For No.2 Group of Changjia Village, land acquisition of 9.4 mu farmland will account for 6% of land loss among affected households, ranging from 1% to 9.5%. The averge land holding for capita will be reduced slightly from 2.3 mu before land acquisition to 2.15 mu after land acquisition. After extensive discussions, it is agreed that cash compensation method will be used. The majority of land compensation, including 90% of land compensation, and 100% of resettlement subsidy will be paid directly to the affected households. No land readjustment will be carried out. The affected households could continue farming after land acquisition. The received compensation could be used to increase farming input or engage in animal husbandry or other sideline to increase family income.

2. Losses of Forest Land

46. The proposed project will acquire 360.9mu forest land owned by Lianshan Village.They include 239 mu of forest land converted from farmland, and 121.9 mu of timber forest land. The detailed information is shown as Table 3-6.

Table 3-6: Survey on Forest Land to be Acquired Income Loss Total Acquired Forest Percent Income of Types of due to Land HH ID Forest land Land of Loss Forest Land Forest Land Acquisition (mu) (mu) % (CNY) (CNY) 1 116.0 112.0 96.6% 18,096 17,472 2 30.0 17.0 56.7% 4,680 2,652 Forest land 3 400.0 5.0 1.3% converted from farmalnd 62,400 780 4 30.0 6.0 20.0% 4,680 936 5 120.0 99.0 82.5% 18,720 15,444 Sub-total 5 696.0 239.0 34.3% 108,576 37,284 5 60.0 34.9 58.2% 0 0 6 7.0 7.0 100.0% 0 0 Timber Forest 7 70.0 70.0 100.0% 0 0 8 10.0 10.0 100.0% 0 0 Subtotal 4 147.0 121.9 82.9% 0 0 Total 8 843.0 360.9 42.8% 108,576 37,284

47. According to the survey, all the forest land to be acquired was contracted to 8 households in 2002 with the contract period of 30 years. There are 843 mu of forest land leased by these 8 households, including 696 mu of forest land converted from farmland and 360.9 mu of timber forest land. There are 5 households leased forest land converted from farmland, aveaging 139.2 mu per household; and 4 household lease 147 mu of timber land averaging 36.8 mu per household. One of households (No. 5) had been contracted both forest land converted from farmland and timber forest. Lease prices had been paid by affected households at 7CNY per mu per year for forest land converted from farmland, and 15CNY per mu per year for timber forest land. Currently, due to small size of trees, both types of forest lands have not yet brought any incomes for these affected households. But for forest land converted from farmland, there is living subsidy paid by national and provincial government, averaging 156CNY per mu. The land acquisition will result in loss of such subsidy for the affected households

48. The land acquisition will result in loss of 34.3% of total forest land converted from farmland and 82.9% of timber forest land. In total, the land acquisition will result in loss of 42.8% of total leased forest land for these 8 households, ranging from 1.3% to 100%. As a whole, the land acquisition will have certain impact on the local farmers. However, since these households have farmland and other income sources, such as migrant works, and since they will receive cash compensations for the lost forest land, which include all compensation for lost trees, and part of resettlement subsidy, their limited impact could be mitigated and income and livehood could be restored. See Section 7 for more detailed discussion on rehabilitation.

49. Among total affected 8 households, 5 of them leased 696 mu of forest land converted from farmland with 239 mu to be acquired by the Project. They have leased these land areas since 2002. The first three years they had made investment on planting small trees with CNY160 per mu each year for three years. After then, no additional investment has been made. For such input, the national government provided them grain subsidy of CNY156 per mu per year. In addition, the state also provided them one time small tree fee of CNY50 per mu. The remaining 4 households (one household leased both types of forest land) leased a total of 147 mu of timber forest land with 121.9 mu to be acquired by the Project. Since all timber trees had been planted before lease, no substantial investment has been made since purchase of leases.

50. For all affected households leasing forest land, since their main income from forest land would be timbers, which have not yet reached cutting period, they will not have any income loss during land acquisition. For these forest lands converting from farmland, land acquisition will cause loss of state subsidy at CNY156 per mu. There is no such impact for acquisition of timber forest land.

51. For these 8 affected households, although land acquisition would result in loss of leased forest land by 42.8%, ranging from 1.3% to 100% for these households, they will not have large impacts on their incomes. At present, the income from forest land account for 15.6% of their total income. Only one household (No. 3) with forest income exceeds 20% of total income. Since land acquisition will acquire only 5 mu of forest land or 1.3%, little impact is expected. Among total income from forest land or CNY108,576, only CNY37,284 or one third will be lost due to forest land acquisition, averaging CNY4,661 per household, which account for only 5.4% of their total family income. Table 3-7 lists the basic income sources of these 8 households.

Table 3-7: Income Level of Households Affected by Forest Land Acquisition Income from Percent of Total Forest Acquired Forest Total Income Sources of Household Forest Land Income from Land (mu) Land (mu) (CNY) Income (CNY) Forest Land Agriculture, 1# 116 112 FCFF 90,000 18096 20% （） wage, interest Agriculture, 2# 30 17 FCFF 47,000 4680 10% （） migrant work

3# 400 5（FCFF） 66,000 Agriculture 62400 1.18%

4# 30 6（FCFF） 23,000 Agriculture 4680 20%

120 99（FCFF） Agriculture, 5# 370,000 wage, and 18720 5% 60 34.9（TF） commerce Agriculture 6# 7 7 TF 50,000 0 0% （） and fishing Agricultural, 7# 70 70 TF 30,000 0 0% （） wage 8# 10 10（TF） 20,000 Agricultural 0 0% Sub-Total 843.0 360.9 696,000 108,576 15.6% Note: (1) FCFF – forest land converting from farmland; TF – timber forest land. (2) Income from forest land is mainly state subsidy, since no timbers reach cutting time.

52. For the impact of acquisition of forest land, adequate compensation rates will be provided. According to entitlement matrix, the affected households would be provided with compensation of lost trees for both types of forest land, and 70% of resettlement subsidy for forest converted from farmland. For forest land converting from farmland, the resulted compensation paid to affected households will be CNY16,206 per mu; for timber forest, the compensation paid to affected households will be CNY3,529 per mu. Based on adopted policies, a total of 4.3 million CNY of compensation will be provided to these 8 households, with CNY3.87 million for forest land converted from farmland and 430,185 CNY for timber forest land. In average, each household would receive CNY537,500, ranging from CNY24,700 to CNY1.8 million per household.

53. Since income from forest land account for only 15.6% of their total income, the loss of 42.8% forest land will only result in loss of 5.3% of their total incomes. Such loss could be easily mitigated with compensation provided by the Project, and their income and livelihood could be restored and improved. 54. The village committee of Lianshan Village will receive compensation for forest land and part of resettlement subsidy and will utilize the compensation to build the cement-paved village roads, tap water systems and biogass.

C. Temporary Land Occupation

55. The proposed project has no temporary land occupation. The construction access is the exsiting village road and all the temporary facilities in the construction will be built within the land areas to be permanently acquired.

D. House Demolition

1. Impact of House Demolition

56. Meihekou Urban Construction Planning Office had a site measure on the houses to be demolished on March 8 2008. The proposed project will demolish 1808m2 residential houses, which will affect 21 households with 72 persons. However, only one household is affected by the civil work construction and the remaining 20 households are affected by environmental impact. The detailed information is shown as Table3-8.

Table 3-8: Survey on the House Demolition （ 2） Affected Households Village/Group Types of Impact Housing Structures & Areas m Brick-concrete Earth wood HH Persons Group 1 of Environmental impact 1344 324 19 65 Lianshan Group 5 of Environmental impact 88 0 1 3 Guangju Group 1 of Impact of Land 52 1 4 Lianshan Acquisition Subtotal 1484 324 21 72

57. The house demolition also includes the structures like warehouses, pigpens, sheds for keeping corns and toilets. The quanlity and construction material of these structures are much poorer than the common houses. The detailed information is shown as Table 3-9.

Table 3-9: Survey on the Other Properties

Items Unit Number Fencing m 118.08 Electrical well Set 20 Sheds for keeping corns Set 29 Toilet Set 21 Temporary building, warehouses, pigpens etc m2 1613.2 Telephone Set 21 Cable TV Set 19

2. The Replacement Impact

58. Meihekou City House Demoltion Office will appraise these houses to be demolished and the affected households will be compensated at the replacement value. The government also provides assitance to the affected households in applying for the new housing plots. According to Article 35 of Jilin Province Implemention Regulation of Land Administration Law of PRC, for the rural residents, they are allowed only one housing plot with the residential areas no greater than 330m2. For those relocated households, their current housing plot size is 315 square meters, ranging from 270 square meters to 315 square meters. For most relocated households, the replacement housing plot is larger than their origin ones.

59. For those houses to be affected by environmental impact in Lianshan Village, their housing plots will not be acquired. Instead, the related housing plots will be reclaimed into farmland after relocation with a total area of 16mu.

60. The proposed resettlement site is located at Yaojiedi of Group 1 in Lianshan Village after the full consultation between the Meihekou City government, the project Implementing Agency(IA) and the Lianshan Village, and also based on the will of the affected households. The proposed site is currently farmland of Group 1 in Lianshan Village. The type of land is dry land with the area of 11mu, belonging to 10 households, who are also counted as part of total 61 affected households. The detailed information is shown as Table 3-10.

Table 3-10: The Replacement Impact

Resettlement The affected The affected Area Meauses to reduce the impact Site Households persons 10 households The Lianshan village is responsible to reclaim with no 35persons old housing plot of 16mu into farmland, and Yaojiedi 11mu vulnerable including 15 carry out a group wide land adjustment after households females land acquisition. affected 61. The proposed resettlement site is only 1km away from the oringial place. It has convenient access and is close distance to their farmland. The living habits of the affected farmers remain unchanged.

E. Attachments

62. The proposed project will have impact on fruit trees and telegraph poles. Detailed is listed the Table 3-11.

Table 3-11: The Affected Attachements Types Unit Number remarks Owned by one individual farmer of Group 1 in Lianshan Fruit Trees Set 160 Village Concrete Poles of Set 15 Owned by the Elecricity Compnay of Meihekou Transmission lines

63. Compensation for the fruit trees will be delivered to the owner and that for transmission poles will be delivered to the Elecricity Compnay of Meihekou. There are 27 households who will be affected by fruit trees removal. Most of affected fruit trees belong to 21 relocated households around their houses. For the remaining 6 households, small number fruit trees such as cherry and apple are planted in the edges of forest land for self consumption.

F. Vulnerable Groups

64. The proposed project will affect 4 persons in vulnerable group and all of them are villagers in Group 1 of Lianshan Village. The detailed information is shown as Table 3-12.

Table 3-12: the Affected Vulnerable Group Type of Impact Vulnerable Group The affected persons Land Acquisition mentally retarded 2 Land Acquisition & Disable to work 1 House Demolition House Demolition Household with min living subsidy 1 Total 4

65. According to the survey, the proposed project will acquire 3mu farmland owned by the mentally retarded household and 2 mu farmland owned by the disabled. Currently, all the 4 persons are provided 500CNY living allowance each year by village committee. For those 2 persons with mental problems, they have 4 mu of dryland before land acquisition. The project will acquire 3 mu of land or 75%. Their main sources of income are farming and government subsidy with farming income accounting for 78% of their total income. For one person without capacity to work, he has 2.67 mu of farmland. The land acquisition will take 2 mu of land, accounting 75%. The main sources of income are land rent and government subsidy, with land rent accounting for 62% of total income.

66. After land acquisition, the village group will carry out land readjustment. As a result, all three vulnerable persons will be provided farmland of 3.24 mu per capita, which is more than their original land holdings. In addition, each of them will get their share of compensation fund or 8,567 CNY. In addition, the project will also provide a special subsidy for vulnerable persons averaging 2,000CNY per person. With such arrangement, their income and livelihood could be restored and improved.

67. The person who is leasing 2.67 mu of farmland from the vulnerable household is also from Lianshan Village. He has his own share of contracted farmland in the village. There are no any other lessees for the acquired farmland. In terms of compensation, for the leased land, lessee will get compensation for green crop. Since the vulnerable household will get replacement farmland of 3.24 mu through group land readjustment, the lessee could continue leasing farmland from the vulnerable household.

IV. Legal Frameowork and Policies

A. Overview

68. The key legal basis for resettlement of the project is listed in the following and more detailed discussion is presented in annex.

(i) Land Administration Law of P.R.C (ii) Forest Law of People’s Republic of China (iii) The Implementation of Land Administration Law of P.R.C (iv) Jilin Provincial Implementation Regulation of Land Administration Law (v) Jilin Provincial Administrative Regulation on Collective Forest Land (vi) ADB Policy on involuntary Resettlement

69. The compensation principles are listed in the following:

(i) The detailed survey should be undertaken to the extent possible. A two-way communication channel should be provided for all the relevant stakeholders and especially the affected persons with the purpose of extensive consultation of the compensations. (ii) If affected persons standards of living can’t be restored at least as before the relocation, the new income sources should be provided to the affected persons. (iii) All the affected persons should be informed of their entitilement, the compensation standards, their livelihood rehabilitation plan and the proposed project implementation schedule. (iv) The resettlement M&E should be introduced during the implementation of land acquisition and resettlement.

B. Compensation Standards

1. Compensation Standards for Farmland

70. According to the Land Resources Bureau of Meihekou City, the Average Annual Outuput Value (AAOV) of the dry land in the past three years is set at 690CNY/mu and AAOV for paddy land is 980CNY/mu, according to the Jilin Provincial Implementation Regulation of Land Administration Law and local conditions. The compensation standards are set as 25 times of AAOV including 10 times of AAOV for land compensation and 15 times of AAOV for resettlement subsidy while compensation standards for wasteland and others is 3 times of AAOV. The compensation for attachments will be delivered to the legal owner directly and the compensation for young crops will be paid according to the actual losses.

71. The detailed compensation rate is seen as Table 4-1. entitlement matrix is in Table 4-2.

2. Compensation Standards for Forest Land

72. The compensation standards for forest land include four elements, which include compensation for forest, resettlement subsidy, vegetation restoration fee, and compensation for lost trees. The actual value of compensations is set as the following:

(i) Compensation Standards for Forest Land. The compensation standard for the forest land is set at 5 times of AAOV of the adjacent dry land in the past three years, or 3,450 CNY/mu. (ii) The Compensation Standards for the Lost Trees. The compensation standards are set according to the Article 3 and Article 6 of “Jilin Provincial Compensation Standards for the Lost Trees due to the Land Acquisition”, which is set at 10,325CNY/mu. (iii) The Compensation Standards for the Vegetation Restoration. According to the Tentative Methods of Forest Vegetation Restoration Fee Levying, the compensation standards are set as 4000CNY/mu for timber forest and 6667CNY/mu for Forest land converted from farmalnd. (iv) The Compensation Standards for the Resettlement Subsidy. The compensation for the resettlement subsidy is set as 5 times AAOV of nearby dryland in the past three years, or 3450CNY/mu.

3. Compensation Standards for House Demolition

73. The compensation standards for house demoltion are set at the replacement value. According to the survey, the replacement price is 700CNY/m2. The compensation standards for rural houses will refer to ‘the Meihekou City Urban Houses Demoliton & Compensation Method’. The attachements owned by individuals, the relevant compensation will be delivered to the affected owner and the compenstion for the concrete transmission poles to be paid to the local Power Company. The actual compensation will be based on the final appraisal of Meihekou City House Demolition Office.

74. The detailed compensation rate is shown as Table 4-1.

Table 4-1: Compensation Rate of Land Acquisition and House Demolition Compensation No. Item Unit rate 1 Farmland 1.1 Paddy field CNY/mu 24500 1.2 Dry land CNY/mu 17250 Dry land CNY/mu 690 1.3 Young crop Paddy field CNY/mu 980 1.4 Waste land/ other land CNY/mu 2070 2 Forest land 2.1 Forest land CNY/mu 3450 2.2 Resettlement subsidy CNY/mu 3450 2.3 Lost trees- forest land converted from farmland CNY/mu 13791 Lost trees – timber forest land CNY/mu 3529 2.4 Vegetation restoration CNY/mu 5766 Subtotal CNY/mu 22991 3 House demolition Brick-concrete CNY/m2 1000 3.1 Residential houses Earth-tiled/ earth-grass CNY /m2 700 Relocation subsidy CNY / m2 10 3.2 Resettlement subsidy Heating subsidy CNY /HH 500 4 Attachments 4.1 Fencing CNY /m 100

4.2 Electrical well CNY /set 500 4.3 Sheds for corn CNY /set 150 2 4.4 Warehouses and pigpens. CNY /m 150 4.5 Toilet CNY /set 50 4.6 Telephone** CNY/set 120 4.7 Cable TV ** CNY /HH 510 5 Attachments 5.1 Fruit trees CNY /set 180 5.2 Cemented telegraph pole CNY /set 800 Note: Both relocation subsidy and heating subsidy are based on provisions of Meihekou City Urban Building Demolition Regulation. Given the average house size, the relocation subsidy would be at least 400 CNY per household. Since the current moving cost and heating in rural areas are about 200CNY per household, the provided relocation subsidy and heating subsidy are more than sufficient to cover the expenses. ** refers to cost of transfer and installation

C. The Compensation Eligibility

75. The project owner bears the cost of resettlement and land acquisition and the payment will be made based on the agreement between the project owner and the affected parties. The cut-off date for the compensation qualification is set at the time when the detailed measurement survey is completed.

76. All the affected parties should be compensated properly. The compensated targets are: (i) The affected farmers in Lianshan and Changjia village, and the affected institutions and individuals. (ii) The affected forest land contractor.

77. Based on the proposed distribution method (see Table 4.2), Changjia Village Collective will receive a total of 6,486CNY of land compensation, which will be used on general welfare of No.2 Group. For Lianshan Village Collecive, it will receive land compensation of 165,000CNY, and forest land compensation of 1.91 million CNY. They will beused in general welfare of the village. They include using 200,000CNY to build biogass for all villagers, paying village debt of 500,000CNY, installing tap water for the village with 300,000CNY, and building a village office and function room with 200,000CNY. The remaining funds will be used to build village roads.

78. The land acquisition affected targets are identified through the nature of the losses. The following table will serve as the guide for the compensation delivery. The content of the entitlement matrix is shown as Table 4-2.

Table 4-2: Entitlement Table Affected Scope of Compensation Compensation Types of Impact 1 Institutions and Impacts Standards Allocation

1 The compensation rate for the acquired farmland is based on Land Administration Law of PRC, and Jilin Provincial implementation regulation of Land Administration Law, and the average annual output value (AAOV) of farmland in the past three years in Meihekou City, which is set at CNY690 per mu for dryland and CNY980 per mu for paddy land. The total multiplier is set at 25 times of AAOV, with 10 times of AAOV for land compensation and 15 times of AAOV for resettlement subsidy.

For affected building structures, the compensation rate is based on replacement value of different structures, which is set at CNY1,000 per square meter for brick concrete structure and CNY700 per square meter for earth wood structure. These compensation rates are based on “Implementation Details of Urban Building Demolition and Relocation in Meihekou City in 2006”, which are sufficient to rebuild new houses in rural areas.

Individuals Lianshan Village: carry out land readjustment; 10% land compensation (10 AAOV) paid to the village Land: group; 90% of land 14.2mu 24500CNY/mu; compensation and 100% paddy; Dry land: Two villages and resettlement subsidy (15 128.4mu dry 17250CNY/mu; affected land AAOV) to be distributed to Farmland land affecting Young crop: contractor all persons in group. 41 households 980CNY/mu; Changjia Village: 10% of and 134 Dry land: land compensation to persons 690CNY/mu. village: 90% of land

compensation and 100% resettlement subsidy paid to affected farmers directly. 17.9mu The compensation will be wasteland; paid to the Lianshan Wasteland Lianshan village 2070CNY/mu 15.3mu other Village, since no land individuals are affected. The compensation for forest land will be paid to the Lianshan village Forest land: directly; the resettlement Permanent 3450CNY/mu; susidy for timber forest will Land 360.9mu also be paid to the Acquisition Resettlement forest land Lianshan Village; for the subsidy: Forest affecting 8 forest land converted from Lianshan village 3450CNY/mu; Land households the farmland, 30% of the

and 23 compensation will be paid Vegetation persons to the Village and the restoration: remaining 70% will paid to 5766CNY/mu. the land contractor. The

vegetation restoration will be paid to the Forest Bureau. 239mu forest land 13791CNY/mu converted for forest land from farmland; converted from Land contractors The compensation will be 121.9mu farmland Lost trees with 8 households delivered to the land timber forest and 23 persons contractors. affecting 8 3529CNY/mu for households timber forest and 23 land persons Fruit farmer 160 fruit trees 180CNY/set The compensation will be paid to the affected Attachments Electricity 15 telegraph 800CNY/pole institutions and company poles individuals.

For transfer allowance, it is set at CNY10 per square meter for the demolished houses. Since the average housing area for relocated household is 65 square meters, ranging from 40 square meters to 110 square meters, the average moving allowance would be CNY650 per household, which is more than sufficient to cover actual moving expenses. The average moving expense for such short distance is about CNY200 – 250 per household.

20 households Brick-concrete: to be 1000CNY/m2; relocated fue Earth-wood: to 700CNY/m2; Environmental Farmers in two Relocation Houses impact and 1 The affected households villages subsidy: 10CNY/ household to m2; Heating be relocated subsidy: due to land 500CNY/househ acquisition old

118.08m to be Fencing 100CNYm House demolished Demolition 20 wells to be Electrical Well 500CNY/well demolished 29 to be Sheds for corn 150CNY/set demolished The compensation will be Warehouses and 1613.2 m2 to Others 150CNYm2 delivered to the affected pigpens be demolished directly. 21 to be Toilet 50CNY/set demolished 21 to be Telephone 120CNY/set relocated 19 to be 510CNY/househ Cable TV relocated old Resettlement site Compensation The compensation will be Replaced will acquire 11 mu dry land for young crop: paid to affected farmland farmland owned 690CNY/mu households. by 10 households A total of 80,000CNY will be provided by the Project for Land land reclamation; reclamation, Lianshan Village is a total of 0.545 site responsible for land Relocated million CNY will preparation -- reclamation, site leveling households be provided for and and infrastructure site preparation Infrastructure installation. Rehabilitatio and development n Measures infrastructure development for relocated households To enhance Project technical and skill job skill and Provide training Technical Lianshan and training, and introduce capacity for fund of Training Changjia Villages employment to the affected CNY200,000 affected villagers villagers To provide Provide financial Support to additional 4 vulnerable support of Pay directly to 4 affected Vulnerable support for persons CNY2,000 per vulnerable persons Groups vulnerable person groups

V. PUBLIC PARTICIPATION

A. Overview

79. A series of consultation and surveys was organized by the project design agency with affected villages and local government officials in order to ensure that all affected people will be well informed about their potential impacts, compensation standards, and entitled rehabilitation and benefits by the Project.

B. Public Participation

80. Since the project site selection, a series of surveys and public consultation were undertaken. The local media disclosed the proposed project in June and November 2007 respectively including the project briefings, the proposed project sites, the project owners and their contact information to make the local people informed of the project. Guided by TA team, an in-depth socio-economic survey was conducted in February and March 2008. The following is the summary about the survey.

Table 5-1: Summary of Consultation Records Participants Date Main Contents Remark The Project Affected Persons; The Project Overview; the 2007.11 Detailed explanation Project Owner Project Impact Scope The Local Government, The Avoidance of the Land Confirmation of the Consultants, the Project Owner, The Acquisition and project sites; the Village Representatives and Village 08.3 Resettlement; the Compensation Leaders from Lianshan and Changjia Compensation Standards Standards. Villages Setting

The Consultant; the Local Briefing of RP Preparation, Key Issues in the Land Government; the 15 Village RP Policies and Experience; 08.3—08.4 Acquisition and Representatives and Village Leaders Simple Survey on the Resettlement from Lianshan and Changjia Villages Affected Farmers Household Survey Identifying the affected The Consultant; the Project Owner; 15 among affected households and populations affected persons in Lianshan and 08.3--08.4 households and the households to be Chanjia Villages relocated The Consultant; 19 affected persons Policy Consultation and 08.3—08.4 Consultation by telephone and the Local Governments Socio-economic Survey

81. In consultation meetings conducted in project affected villages, a total of 49 affected persons participated in discussions, including 20 of them as female villagers. The information provided to the affected villages in these meetings include project introduction, location of landfill site, potential impacts, national and local as well as ADB policies on resettlement, compensation standards for land acquisition and demolition, and rehabilitation measures for both land acquisition and resettlement.

82. The RP household survey revealed that the major concerns raised by the households are fair compensation and quick completion of the project so that the environment will be improved soon. The policies and entitlement matrix contained in this RP have been heavily influenced by the results of these meetings and surveys, particularly on the determination of the compensation rates and the formulation of an income restoration strategy based on cash compensation, and livelihood/training programs.

83. Notwithstanding the amount of public consultation already carried out, the EA/IA and local government fully accept that additional consultation meetings should be conducted during the implementation of the resettlement and land acquisition process. The detailed is shown as Table 5-2. Table 5-2: Public Participation Plan The Purpose of Forms Timing Participants Target Remark the Activity

Disclose of Public and The Project The Distribute the RIB to all the Resettlement Community June 2008 Owner; the Village Affected affected organizations and Information Meeting; key Committees Persons discuss with them about RP Booklet focus group

discussion Land Resource Undertake the Bureau; Forest The Lists of the land to be acquired; Detailed November Final Detail Bureau; The Affected all the socio-economic data Survey 2008 Survey Project Owner; the Persons Village Committee

The City Distribute RP final draft to all the Provide the final Public and Government; The The affected organizations and draft RP to the Community July Project Owner; the Affected discuss with them about RP and affected persons Meeting; key 2008 Village Committee Persons further improvements of RP focus group

discussion Inform of the compensation Public and standards, the The Project The Community final project Continuous Owner; the Village Affected Meeting; key design and the Committee Persons focus group project schedule discussion

Inform of the The City affected persons The affected organizations Public and Government; The The their entitlement November propose the recommendations Community Project Owner; the Affected and the date 2008 on compensation and Meeting; Village Committee Persons when it is entitlement accredited

Monitor the compensation The City standards Government; The Household implemented for Project Owner; the Survey the affected Village Committee persons.

C. Distribution of Resettlement Plan

84. Resettlement is a development social activity so the information dissemination work should be performed in advance to ensure that all affected people can understand the purpose of the project, the policies and procedures regarding land acquisition, resettlement, compensation, payment, and provisions of grievance redress and appeal procedures. The EA/IA will distribute a RP Information Booklet (RIB) in June 2008 (See Annex III). The RP will be disclosed to all APs,

23 affected villages by July 2008. The RP will be sent to the ADB and uploaded to the website before mid July, 2008.

D. Appeals and Grievance Redress

85. In order to ensure that affected people will restore and improve their income and livelihood, Meihekou City PMO has extensive consultation with affected villagers in formulating compensation policies in order to minimize any complaints brought by the affected people. However, due to different situation among different affected people, in implementing resettlement plan, it is inevitable that somebody might have certain complaints on delivery of compensation or implementation of rehabilitation measures. For these potential issues, the project PMO will provide affected people an opportunity and right to voice their complaints and establish a transparent and effective procedure to deal with such complaints, so that grievances brought by the affected people could be addressed in a fair, objective and effective fashion in order to ensure smooth implementation the Project.

86. The content of grievance procedures could include different aspects of land acquisition and resettlement, which include amount of land acquisition, quantity confirmation of affected properties, compensation policies and standards and implementation of rehabilitation measures. In terms of grievance procedures, it will include the following steps:

87. Step 1: If affected person is not satisfied with any aspect of land acquisition and resettlement, he or she could first voice his or her complaint to the chief of village committee, or resettlement working group of the concerned township government. The village committee or township government will write down the complaint and try to give response within 2 weeks. If the issue is beyond their capacity, they should obtain a response from superior government agency within two weeks.

88. Step2: If the affected person is not pleased with the response received from the village committee or township government, he could appeal directly to resettlement office of Meihekou City Jiecheng Solid Waste Treatment Company within one month, and the project resettlement office should provide a reply within three weeks.

89. Step 3: If the affected person is still not happy with the response received from the MCJSWTC, he could go to Meihekou City PMO within one month, and Meihekou City PMO should provide a reply within four weeks.

90. Step 4: If the affected person does not agree with response from Meihekou City PMO, he could go to appeal in civil court within 15 days after receiving the reply from Meihekou City PMO.

Principles of dealing with Grievance

91. Different levels of governments should carry out investigation based on complaints brought by the affected people, listen to their opinions, consult with them, and make fair, objective and consistent response based on relevant national laws, local regulations, and agreed RP. For the issue that beyond their capacity they should report above government agencies in a timely fashion and assist in investigation.

Content and Format of Grievance Response

92. The content of reply: They the facts of complaint, outcome of investigation, national regulation, basic principles and compensation standards of RP, as well as response opinion and its basis. The affected person has the right to appeal through civil court and cost of appeal should be paid by the project PMO.

93. Format of reply: for those individual complaint cases, the reply should be prepared in writing and delivered to the affected person. For those issues existing among many affected persons, the reply could be carried out in the form of public meeting, or issuance of official document to affected villages. Regardless the format of reply, they should be sent to resettlement offices in charge of dealing with such complaints.

Report of Grievance

94. In implementing resettlement plan, the resettlement offices of subprojects should make efforts to record and manage files of each complaint, and reply outcome, and report to Jilin Provincial PMO once each month. The process should be monitored by the external monitoring and evaluation agency.

VI. INSTITUTIONAL FRAMEWORK

A. Resettlement Institutions

95. During the project implementation, the institutions involved into the resettlement activities planning, management and monitoring are:

(i) Provincial Project Leading Group (ii) The Project Management Office of Meihekou City with members from the City Government, the City Development and Reform Committee, the City Construction Bureau, the City Land Resources Bureau, the City Forest Bureau and so on. (iii) Project Implementing Agency: Meihekou City Jiecheng Solid Waste Treatment Company. (iv) Village Committees of Lianshan and Changjia Villages (v) The External Monitoring Agency

96. Table 6-1 lists the staff to be involved in these institutions. Most of them have some experienceof handing land acquisition and resettlement.

Table 6-1 Resettlement Institutions and Staffing Female Staff Institutions Staffing

Provincial Project Leading Group 4 0 Project Management Office of Meihekou City 5 0 Meihekou City Jiecheng Solid Waste Treatment Company 5 2 Town and Village Committees 4 0 External Monitoring Agency 3 1

B. Responsibilities

97. The Responsibilities of each resettlement agency are listed in Table 6-2.

Table 6-2 Reponsibilities of Agencies Agencies Responsibilities 1. Preparing the RP and organizing the implementation of the RP, 2. Approve of RP and resettlement budget 3. Supervising the resettlement fund usage, 4. Coordinating and supervising the resettlement activities and Project Leading Group progress, 5. Coordinating monitoring and evaluation/supervision activities, including contracting an external monitor for the overall Project, 6. Submitting progress report to the ADB, 7. Coordinating and dealing with conflicts and problems during project implementation. 1. Organizing the socio-economic survey; 2. Making the records of the physical indices and the baseline survey; 3. Organizing the public consultation and participation; 4. Implementing the relevant national, local laws and regulations and ADB policies; 5. Completing Land acquisition approval procedures; 6. Applying for the deforestation permit and to the forest departments; 7. Coordinating the RP preparation; The Project Management 8. Setting the compensation standards based on the laws, regulations Office of Meihekou City and policies and report for approval by the Chinese Governments; 9. Reviewing the RP implementing; 10. Coordinating and addressing the issues during the land acquisition and resettlement; 11. Coordinating and resolving the complaints and grievances; 12. Reporting to the Project Leading Group about the RP implementation. 13. Laison between ADB and the Project Management Office of Meihekou City. 1. Organizing the socio-economic survey; 2. Coordinating the RP preparation; 3. Implementing the relevant national, local laws and regulations and ADB policies; 4. Signing the compensation agreement with the affected parties; 5. Making RP implementation schedule based on the project construction schedule; Meihekou Jicheng Solid 6. Delivering the compensation fund and supervising its utilization; Waste Treatment Company 7. Supervising the RP implementing; 8. Organizing the internal monitoring, commissioning the external resettlement M&E and providing the support for it; 9. Reviewing the external resettlement M&E report; 10. Coordinating and resolving the complaints and grievances; 11. Preparing the progress report and submitting to ADB for updating the project civil works progress, resettlement and land acquisition progress made. 1. Assisting the socio-economic survey; 2. Assisting the RP preparation; 3. Organizing public consultations and disclosing the compensation Village Committees policies to the affected parties; 4. Organizing the production and livelihood rehabilitation activities after the land acquisition and resettlement; 5. Reporting to the resettlement organizations at upper levels; 6. Providing assistance to the vulnerable groups. External Independent Monitor the resettlement implementation at all aspects and prepare and

Agency submit the resettlement M&E report to ADB bi-annually as an independent M&E agency.

VII. THE REHABILITATION PLAN

A. Rehabilitation Plan for House Demoltion

98. The house demolition will affect 21 households including 1 household affected by land acquisition and 20 households affected by environemental impact. The rehabilitation plan for the relocated households includes providing cash compensation based on replacement value and replacement housing sites connected with infrastructure facilities free of charge.

99. The houses to be demolished will be compensated at the replacement value. According to the survey, the replacement price is 700CNY/m2. According to ‘the Meihekou City Urban Houses Demoliton & Compensation Method’, the compensation standard for brick-concrete structure is 1000CNY/m2 and for earth-wood structure is 700 CNY/m2. In addtion, the affected households will be paid the relocation subsidy to ensure that moving and related expenses are fully covered. The materials from the dismantled houses belong to the affected households themselves, which may help with their construction material for building their new houses. According to the survey, two households have alternative apartments in the Meihekou City. Both of them plan to live in the city and have no plan to rebuild their houses in other places. They will be compensated in cash. However, the remaining 19 households will rebuild their houses in the resettlement site.

100. According to Chapter 3, the resettlment housing site is located at Yaojiedi of Group 1 in Lianshan Village after the full consultation among Meihekou City government, the project Implementing Agency (IA) and the Lianshan Village, and also based on the wishes of the affected households. The new housing site is located about 1km away from the original places where the affected households live. It has easy access to traffic and electricity. The Lianshan Village will be provided with 0.545 million CNY to prepare the new housing sites and installed related infrastructures.

101. The housing plots of demolished houses due to environment impact belong to Group 1 of Lianshan Village, which will not be acquired by the proposed project. These land areas will be reclaimed into farmland for Group 1 of Lianshan Village. The total land area is 16mu. However, the relocation site will acquire 11mu farmland and 10 households will be affected. According to the consultation between the Lianshan Village and the affected households, the Village will carry out land readjustment for all affected households. The Lianshan Village committee is responsible for land reclamation with the cost of about 80,000CNY to be provided by the Project, which includes 7590CNY of young crop compensation, and compensation for restoring land into same productivity as other farmland.

B. Rehabilitation Plan for Land Acquisition

102. The proposed project will acquire 142.6mu farmland from Lianshan and Changjia Villages. The compensation will be paid to the two village committees first and then to the affected households. The compensation for acquired farmland is set at 25 times of AAOV, with compensation for land is set at 10 times of AAOV, and compensation for resettlement subsidy is set at 15 times of AAOV. Based on consultation with affected villages and affected households, two different rehabilitation options will be adopted for two affected villages.

103. For Changjia village: 10% of land compensation will be paid to the village collective, and 90% of land compensation and 100% of resettlement subsidy will be paid directly to affected households. No land readjustment will be made.

104. For Lianshan Village: a group wide land readjustment will be carried out. After land readjustment,10% of land compensation will be paid to the village collective, and 90% of land compensation and 100% of resettlement subsidy will be distributed evenly among all people in the affected group. The share of distribution of the land compensation fee in Changjia and Lianshan Village was decided based on extensive consultation with the people.

105. For acquired wasteland and other land, compensation will be paid to the village. For acquired timber forest land, both land compensation and resettlement subsidy will be paid to the Lianshan Village; and compensation for lost trees will be paid to affected households. For acquired forest land converted from the farmland, 100% of the land compensation and 30% resettlement subsidy will be paid to the Village and the 70% of resettlement subsidy will paid to the land contractor. The reason that only 70% of resettlement subsidy is paid to land contractors is because that most these land have been developed into farmland by the village. The compensation for lost trees will be paid to the affected households. The vegetation restoration will be paid to the City Forest Bureau.

Changjia Village

106. For No. 2 Group of Changjia Village, the project will acquire 9.4 mu of farmland directly affecting 20 households and 64 persons, which accounts for 6% of their current land holding. Due to limited land loss, it is agreed between the village and affected people that cash compensation will be paid directly to affected households with no land readjustment. They will receive 100% of resettlement subsidy and 90% of land compensation based on amount of land losses and 10% of the land compensation fee will be paid to the Village collective.

107. The landholdings for all 20 affected households before and after land acquisition for Changjia Village are shown in Table 7-1. According to the survey, the average farmland loss for those from Changjia Village is only 6.4%, ranging from 0.9% to 9.5%. After land acquisition, all 20 households would have substantial farmland remaining from 4.3 mu to 19.1 mu, averaging 6.9 mu. The compensation of 162,150 CNY will be paid to the affected households directly, averaging 8,108 CNY per household. No land readjustment will be made. All the affected households agreed to these arrangements. For high yield crop planting, it refers to planting special herbs with initial investment of 500 CNY mu, but average yield could reach 3,000CNY per mu, much higher than grain crop. For migrant works, they refer to works in construction sector, housekeeping, security guard and hospitals. Their average income will be 5000CNY based on assumption of 5-6 months of working and average salary is 1000CNY per month.

Table 7-1: Farmland Holding Changes in Group 2 of Changjia Village Percent of Total Acquired Remaining Compensation Rehabilitation HH ID Land Loss Farmland Farmland Farmland from acquired Options % (mu) (mu) (mu) farmland (CNY) 1 6% 5.8 0.35 5.45 6,038 Migrant work 2 5.7% 6.1 0.35 5.75 6,038 Migrant work 3 4.4% 4.5 0.2 4.3 3,450 Migrant work 4 5.2% 4.8 0.25 4.55 4,313 High yield crop 5 7.5% 5.3 0.4 4.9 6,900 Migrant work 6 6.9% 5.8 0.4 5.4 6,900 Migrant work 7 6.1% 4.9 0.3 4.6 5,175 Migrant work 8 7.2% 6.9 0.5 6.4 8,625 Migrant work 9 8.2% 9.1 0.75 8.35 12,938 Migrant work 10 5.1% 4.9 0.25 4.65 4,313 Migrant work

11 5.9% 5.1 0.3 4.8 5,175 Farming 12 5.1% 4.9 0.25 4.65 4,313 High yield crop 13 8.2% 7.3 0.6 6.7 10,350 Migrant work 14 5.1% 6.9 0.35 6.55 6,038 Farming 15 9.1% 8.8 0.8 8 13,800 Farming 16 9.5% 21.1 2 19.1 34,500 Farming 17 5.5% 5.5 0.3 5.2 5,175 Migrant work 18 0.9% 16.1 0.15 15.95 2,588 Farming 19 6.2% 6.5 0.4 6.1 6,900 Migrant work 20 7.3% 6.9 0.5 6.4 8,625 Migrant work Total 147.2 9.4 137.8 162,150 Average 6.4% 7.36 0.47 6.89 8,108

108. If they deposit compensation received (162,150CNY) to the bank, the annual interest income would be 6,713CNY based on annual interest of 4.14%, which is higher than the income for the lost farmland or 6,486CNY. Here, deposit in the bank is only one of the rehabilitation option with no investment risk, which indicates that the compensation provided is sufficient to at least restore their income and livelihood to the previous levels. As indiated in Table 7.1, after land acquisition most of affected households would like to work as migrant labors and continue farming of high yield crops as their main options of rehabilitation. Most of male villagers would be involved in construction industry and female ones will be involved in housekeeping and hospital assistance. 109. The local government and the project owner have paid high priority on the furture livelood of the affected households. They will provide them with information and training about employment in the cities, and technical training on planting and animal husbandry to improve their incomes. 110. For Changjia Village Collective, they will receive 10% of land compensation or 6,486 CNY from land acquisition, which will be used as village collective fund on various welfare programs, such as providing assistance to vulnerable and supplement village public expenses. Lianshan Village 111. For No. 1 Group of Lianshan Village, the project will acquire 128.2 mu of farmland and directly affect 21 households and 70 persons, which accounts for 48% of their current land holding (before land re-adjustment). Due to relatively large land loss impact, it is agreed between the village and affected people that land readjustment will be carried out in the village group and all compensation will be distributed evenly in the village group. After land readjustment, the land loss impact will be reduced to 12.9% for all members of affected group. In addition, most land compensation, including 100% of resettlement subsidy and 90% of land compensation will be distributed evenly among all members of village group. As a result, the amount of cash compensation received by each affected person is different between these two village groups in Changji and Lianshan Village. 112. According to the village officials, the current 30 years land contracting period has not yet reached. Nevertheless, due to relatively large land acquisition impact in No. 1 Group of Lianshan Village, following consultation between Lianshan Village and individuals of No. 1 Group, it is agreed to carry out land readjustment in the group to reduce land acquisition impact. The basic steps for land readjustment includes having village group meeting with participation of representatives of all households, setting up a land readjustment group, dividing all remaining land into individual parcels based on different quality and sizes, and having all village members to choose their shares based on lottery.

113. The landholding before and after land acquisition for Lianshan Village is shown in Table 7-2. Table 7-2: Farmland Holding Changes in Group 1 of Lianshan Village after Land re-adjustment Per Capita Per Capita Total Farmland Land Total Farmland after Ratio of Village Farmland before land Acquisition Population land acquisition Losses % (mu) acquisition (mu) * （） (mu) (mu) No. 1Group 269 1000 3.72 128.2 3.24 12.9%

114. The above table shows that after village wide land readjustment, per capital land holding would still be 3.24 mu from 3.72 before land acquisition. The average farmland reduction was 12.9% or 0.46 mu per capita. For limited farmland loss, 90% land compensation and 100% of resettlement subsidy will be distributed evenly among all persons in the group, which amounts to 2.3 million CNY, averaging 8,567CNY per person. If depositing such compensation in the bank, based on annual interest of 4.14%, annual interest income would be355CNY, which is higher than lost income for acquired farmland or 317CNY(690 x 0.46mu). Therefore, deposit in the bank would at least ensure their income and livelihood could be restored or improved. 115. For most affected villagers, following land acquisition, they will engage in more productive activities in order to increase income and improve their livelihood. Among 20 directly affected households, 8 of them will continue farming, either on their remaining farmland, or leasing more farmland from neighboring villages; 13 households will go out to do more migrant work, ranging from construction activities, security guards to housekeeping and hospital assistance. Table 7-3 lists the rehabilitation options suggested by those 21 directly affected households. Please note that although they will experience more significant land acquisition impact averaging 48% compared with those from Changjia Village, because land redjustment will be carried out in the group, their remaining farmland will be the same as rest of village group members or 3.24 mu per person after land acquisition. Table 7-3: Land Acquisition and Rehabilitation Options for Lianshan Village (1) Farmland Lost Income Total Acquired Compensation Percent of After Land After Land HH ID Farmland Farmland Received Loss Readjustment Readjustment (mu) (mu) (CNY) (mu) (CNY) 1 -100% 6 -6 3.24 -1904 8,567

2 -75% 4 -3 3.24 -524 8,567

3 -75% 8 -6 6.48 -1049 17,134

4 -75% 8 -6 6.48 -1049 17,134 5 -80% 10 -8 9.72 -193 25,701 6 -67% 6 -4 6.48 331 17,134 7 -54% 8 -4.3 6.48 -1049 17,134 8 -70% 10 -7 6.48 -2429 17,134 9 -60% 15 -9 12.96 -1408 34,268

10 -56% 25 -14 22.68 -1601 59,969 11 -62% 23 -14.2 19.44 -2456 51,402 12 -38% 8 -3 6.48 -1049 17,134 13 -40% 10 -4 6.48 -2429 17,134 14 -32% 12 -3.8 9.72 -1573 25,701 15 -37% 15 -5.6 12.96 -1408 34,268 16 -33% 15 -5 12.96 -1408 34,268 17 -47% 30 -14 25.92 -2815 68,536 18 -33% 30 -10 25.92 -2815 68,536 19 -19% 8 -1.5 6.48 -1049 17,134 20 -18% 10 -1.8 6.48 -2429 17,134 21 -21% 14 -3 12.96 -718 34,268 Total -48% 275 133.2 230.04 -31022 608,257

Table 7-3: Land Acquisition and Rehabilitation Options for Lianshan Village (2) Government Annual Income from Options of And village Interest HH ID Remark Proposed Timeframe Rehabilitations Subsidy Income* Action (CNY) (CNY) (CNY) 1 Migrant work Construction 5000-10000 6-12 months 709 1 vulnerable 2 Farming 2,236 One season 2,500 355 person 2 vulnerable 3 Farming 4,471 One season 5,000 709 persons

4 Migrant work2 Construction 5000-10000 6-12 months 709 5 Farming 6,707 One season 709 6 Migrant work housekeeping 5000-10000 6-12 months 1064 7 Migrant work guard & hospital 5000-10000 6-12 months 709 8 Migrant work Construction 5000-10000 6-12 months 709 9 Migrant work Construction 5000-10000 6-12 months 1419 10 Farming 15,649 One season 2483 11 Farming 13,414 One season 2128 12 Migrant work security guard 5000-10000 6-12 months 709 13 Migrant work Construction 5000-10000 6-12 months 709 14 Migrant work Construction 5000-10000 6-12 months 1064 15 Migrant work hospital 5000-10000 6-12 months 1419 16 Farming 8,942 6-12 months 1419 17 Farming 15,649 One season 2483 18 Farming 15,649 One season 2483 19 Migrant work Construction 5000-10000 6-12 months 709 20 Migrant work Construction 5000-10000 6-12 months 709 21 Migrant work housekeeping 5000-10000 6-12 months 1419 Total 7,500 24827 Note: (1) Income of migrant work for one person is minimum amount. For those households with more than one labor, the amount of income from migrant work would be much higher. (2) Interest income refers to interest of received compensation, which is based on annual interest of 4.14%.

2 For the affected people, depositing compensation fund in the bank is a temporary arrangement before more appropriate income generation activities could be arranged. In the current market economy in China, except for government staff or school teachers, there are no many jobs in rural areas that are really secured. Based on social economic survey and consultation with affected people, it is the desire of most affected people to engage more in migrant works after land acquisition. For the affected people, income from migrant works accounted for over 53% of their total income. At the same time, income from agricultural activities accounted for only one quarter of the total income. Here, migrant work refers to a wide range of activities. Some of them are relatively long term and stable, and some of them are seasonal and flexible. While long term jobs might produce relatively stable income, they will create some burden for those left behind. For those who are doing local migrant work, although they could stay with their families, employment opportunities will be limited, particularly if they do not have specific skills or assets, such as construction, transport, and so on.

Therefore, one basic rehabilitation measure provided by the Project is to enhance their skill and earning capacity, which will be achieved through a large training program with total funding being CNY200,000. Following suggestion from the affected people, the proposed training program will not only focus on traditional farming techniques such as high yield planting and animal husbandry activities, but also more importantly focus on skill training for non-farm activities, such as construction, housekeeping, hospital support, and small business. Along with training, the local labor service department will also provide employment introduction service to the affected persons, which refer mainly to those formal enterprises with formal labor contracts.

The proposed sanitary landfill plant will also create about 19 full time employment positions in the sanitary landfill plant with 17 positions for male and 2 positions for female. Most of these positions are non-technical jobs covering landscaping, security guard, and cleaning. The affected people will be given high priority for these positions and long term labor contract will be signed for such employment. In addition, the affected people will have access to rural corporative health program, and rural social security program.

116. The local government and the project owner have paid high priority on the furture livelood of the affected households. They will provide them with information and training about employment in the cities, and technical training on planting to improve their incomes. 117. The proposed project will acquire 360.9mu forest land owned by Lianshan Village.They include 239 mu of forest land converted from farmland, and 121.9 mu of timber forest land. According to the survey, all the forest land to be acquired was contracted to 8 households in 2002 for 30 years. There are 843 mu of forest land leased by these 8 households, including 696 mu of forest land converted from farmland and 360.9 mu of timber forest land. Lease prices had been paid by affected households at 7CNY per mu per year for forest land converted from farmland, and 15CNY per mu per year for timber forest land. Currently, due to small size of trees, both types of forest lands have not yet brought any incomes for these affected households. But for forest land converted from farmland, there is living subsidy paid by national and provincial government, averaging 156CNY per mu. The land acquisition will result in loss of such subsidy for the affected households. On the other hand, the affected household will receive substantial amount of compensation for the land acquisition, which are more than sufficient to cover such losses. According to entitlement matrix, the affected households would be provided with compensation of lost trees for both types of forest land, and 70% of resettlement subsidy for forest converted from farmland. Based on adopted policies, a total of 4.3 million CNY of compensation will be provided to these 8 households, with 3.87 million CNY for forest land converted from farmland and 430,185 CNY for timber forest land. In average, each household would receive 537,500CNY, ranging from 24,700CNY per household to 1.8 million CNY per household. 118. Most of affected households would like to deposit such compensation in the bank and some of them would like to invest in financial market or urban real estate. The annual interest income of such compensation would be 178,000CNY, which is much higher than income received from the forest land (37,284 CNY). Since income from forest land account for only 15.6% of their total income, and since only 42.8% of leased forest land will be acquired, the loss of forest land will only result in loss of 5.3% of their total income. Such loss could be easily mitigated with compensation provided by the Project, and their income and livelihood could be restored and improved. Table 7-4: Compensaiton and Rehabilitation for Forest Land Acquisition Impact Income Loss Total Acquired Percent Income of Compensation Annual due to Land Rehabilitation HH ID Forest land Forest Land of Loss Forest Land Received Income Acquisition Options (mu) (mu) % (CNY) (CNY) (CNY) (CNY) Forest land Converted from Farmland Financial 1 116.0 112.0 96.6% 18,096 17,472 1,815,072 75,144 Market urban real 2 30.0 17.0 56.7% 4,680 2,652 275,502 n.a. Estate Deposit in 3 400.0 5.0 1.3% 62,400 780 81,030 3,355 bank Deposit in 4 30.0 6.0 20.0% 4,680 936 97,236 4,026 bank Deposit in 5 120.0 99.0 82.5% 18,720 15,444 1,604,394 66,422 bank Subtotal 696.0 239.0 34.3% 108,576 37,284 3,873,234 160,352 Timber Forest Land Deposit in 5 60.0 34.9 58.2% 0 0 123,162 5,099 bank 6 7.0 7.0 100.0% 0 0 24,703 Deposit in 1,023

bank Deposit in 7 70.0 70.0 100.0% 0 0 247,030 10,227 bank Deposit in 8 10.0 10.0 100.0% 0 0 35,290 1,461 bank

Subtotal 147.0 121.9 82.9% 0 0 430,185 17,810 Total 843.0 360.9 42.8% 108,576 37,284 4,303,419 178,162 Note: For the household investing in financial market, due to lack of information, only bank interest return is estimated. 119. Part of forest land compensation, including forest land compensation and resttlement subsidy (100% for timber forest land and 30% for forest land converted from farmland) will be paid to Lianshan Village Collective3, which amounts to 1.91 million CNY. Following consulation in the village, it is agreed that 200,000CNY to used to build biogass for all villagers, 500,000CNY for paying village debt, 300,000CNY for installing tap water for the village, and 200,000CNY, and building a village office and function room with 200,000CNY. The remaining funds will be used to build village roads. The Meihekou Jicheng Solid Waste Treatment Company will be responsible for vegetation restoration after the closure of solid waste landfill. The afforestation will return to the village to offset their losses in forest land.

C. Skill Training

120. According to the survey, 1/3 of their income come from agriculutural production and 2/3 of their income from wages of daily labor and construction. over 60% of farmers have plan to work outside. 121. To facilitate the process of economic rehabilitation for the affected people, a separate skill-training fund of CNY200, 000 will be set up under the resettlement budget, which will be used for various skill training for the affected people. The Meihekou Jicheng Solid Waste Treatment Company will entrust social security and labor departments to provide short training to affected people, particularly those directly affected people. Based on their desires on different rehabilitation

3 According to “Jilin Provincial Implementation Regulation of Land Administration Law of RPC, “Jilin Provincial Standard for Cutting Forest Land”, the compensation for forest land consists of 4 elements: (1) forest land compensation, (2) resettlement subsidy, (3) compensation for lost trees, and (4) vegetation restoration fee. Of these 4 elements, the vegetation restoration fee is paid to county or city forest bureaus. The remaining 3 elements are paid to the owners of forest land. For timber forest land, both forest land compensation and resettlement subsidy will be paid to the affected Lianshan Village Committee, and lost tree compensation will be paid to those households leasing timber forest land. The reason that both forest land compensation and resettlement subsidy are paid to village collective is because that timber forest had been planted by village collective before leasing to affected households. For forest land converting from farmland, forest land compensation and 30% of resettlement subsidy will be paid to Lianshan Village Committee, and compensation for lost trees and 70% of resettlement subsidy will be paid to those households leased the forest land. Since the forest lands are owned collectively by Lianshan Village and leased to affected households, the forest land compensation will be paid to village collective, and compensation for lost trees will be paid to affected households. For resettlement subsidy, based on actual situation, they will be shared between village collective and affected households. The current share ratio for resettlement subsidy for both timber forest land and forest land converting from farmland is based on consultation and agreement reached between Lianshan Village and those leased households.

The lost state subsidy for the remaining lease period for the forest land converting from farmland is included in determining the compensation of lost trees. The compensation of lost trees for forest land converting from farmland is set at CNY13,791 per mu, which is higher than that of timber forest land or CNY3,529 per mu.

In rural areas, all leased land is signed by household and all members of household, male and female members have same share of farmland. In the case of land acquisition, the compensation for the acquired farmland will be paid to each affected household, including women headed household. In the case of land readjustment and evenly distribution of land compensation, all members of households, male or female, entitle to the same share of redistributed farmland and share of land compensation.

35 options, proposed trainings will include job skills for migrant workers, such as construction, hospital assistance, and housekeeping, and farming techniques on domestic animal breeding, and high yield crop farming to improve their income-generating capabilities.

122. For proposed training program, in addition to technical training on farming and animal husbandry activities, based on suggestion from the affected people, certain types of training will be included with focus on female affected persons. They include training on housekeeping and hospital support. Along with training, the local labor service department will also provide employment introduction service to the affected persons, which refer mainly to those formal enterprises with formal labor contracts.

D. The Employment in relation to the project

123. During the project implementation, there will be some employment opportunities generated for local people. The construction of waste landfill site will need some short-term and daily labor forces. After the project completion, a few of jobs will be created such as cleaning, safeguard. The Meihekou Jicheng Solid Waste Treatment Company will give the employment priority for the affected households to improve their incomes. Based on preliminary planning, the project sponsor will create about 19 full time employment positions in the sanitary landfill plant with 17 positions for male and 2 positions for female. Most of these positions are non-technical jobs covering landscaping, security guard, and cleaning. The affected people from these two villages will be given high priority for these positions and long term labor contract will be signed for such employment.

E. Rehabilitation of Attachments

124. The proposed project will affect the fruit trees and 15 telegraph poles. The fruit trees will be compensated according to their actual value and the comopensation will be delivered to the owner directly. The compensation standards for telegraph poles are based on the standard prices provided by the appraisal company and the electricity company is responsible for rebuilding of these facilities.

F. Rehabilitation of Vulnerable Groups

125. The proposed project will affect 4 persons in vulnerable group. Three of them will be affected by land acquisition and 2 of them will be affected by house dmolition. One of them will be affected by both land acquisition and house demolition. All of them belong to Lianshan Village. Currently, they are provided with the subsidy of 500 CNY/year by the village committee. For those 2 persons affected by house demolition who are disable to work and received the minimum living subsidy respectively, the project owner and the village committee will help them with rebuilding their houses. For the vulnerable people affected by land acquisition, a total of 5 mu of farmland will be acquired from three vulnerable persons, accounting for 75% of total land holding. According to the survey, 2 persons with mental problems will lose 3mu of dryland, which account for 75% of their current land holding (4 mu). Their main sources of income are farming and government subsidy with farming income accounting for 78% of their total income. For one person without capacity to work, he has 2.67 mu of farmland. The land acquisition will take 2 mu of land, accounting 75%. The main sources of income are land rent and government subsidy, with land rent accounting for 62% of total income. 126. After land acquisition, the village group will carry out land readjustment, and the village group will give them priority during land readjustment with better and more accessible replacement land in ordr to improve their income or at least maintain their income sources. As a

36 result, all three vulnerable persons will be provided farmland of 3.24 mu per capita, which is more than their original land holdings. In addition, each of them will get their share of compensation fund or 8,567 CNY. In addition, the project will also provide a special subsidy for vulnerable persons averaging 2,000CNY per person, which is 4 times of amount they received each year from their village. With such arrangement, their income and livelihood could be restored and improved.

VIII. RESETTLEMENT BUDGET AND FINANCING PLAN

A. Resettlement Budget

127. The total investment of the Project is 125.0484 million CNY with a construction period of 24 monthes. The resettlement budget is 43.52 million CNY including the 10% of contingency. The breakdown of the budget is shown as Table 8-1.

Table 8-1: Land Acquisition Cost Budget Item Compensation standards Quantity Total (CNY) A.Basic Cost 13733066 1.Land compensation 11031488 1.1Paddy 24500CNY/mu 14.2mu 347900 1.2Dry land 17250CNY/mu 128.4mu 2214900 Dry land 690CNY/mu 128.4mu 88596 1.3 Young crop compensation Paddy 980CNY/mu 14.2mu 13916 1.4Deserted land/other land 2070CNY/mu 33.2mu 68724 1.5Forest farm 22991CNY/mu 360.9mu 8297452 2.Removing cost 2660778 Brick-concrete1000CNY/m2 1484 m2 1484000 2.1Houses Soil-tile 700CNY/m2 324 m2 226800 2.2 Adjunctive cost - - 281398 Removing subsidy10CNY/m2 1808 m2 18080 2.3Resettlement subsidy Warming 21households 10500 subsidy500CNY/household Agriculture losing cost 11mu 15000 2.4Resettlement Cost Reclaiming cost 16mu 80000 Infrastructure cost -- 545000 3.Adjunctive objects 40800 3.1Fruit trees 180CNY/tree 160trees 28800 3.2Telegraph poles 800CNY/pole 15poles 12000 B.Other costs 28416306 Levy for waste treatment by the State 50000元CNY/mu 536.7mu 26835000 Management cost 5% 686653 Training cost 200000 M&E 5% 686653 Vulnerable group subsidy 2000CNY/person 4 8000 C.Contingency 10% 1373307 Total 43522679

B. Annual Resettlement Budget

128. The annual resettlement budget plan will be made according to the project

37 implementation plan. The detailed is shown as Table 8-2.

Table 8-2: The Annual Resettlement Budget Plan Unit：10 thousand CNY Year 2008 2009 2010 Total Number 3482 783 87 4352 Percentage（%） 80 18 2 100

C. The Fund Flow

129. Meihekou City Financial Bureau will provide budget for the project. Meihekou City Government will fill the financial gap to meet fund requirement for land acquisition. Meihekou City Financial Bureau will deliver all compensation funds to Meihekou City Jiecheng Solid Waste Treatment Company. directly, and the company will deliver it to impacted Lianshan village and Changjia Village. Then the village committee will deliver it to affected individuals.

IX. RESETTLEMENT IMPLEMENTATION SCHEDULE

A. The Principle

130. The resettlement implementation schedule should be consistent with the project construction schedule and integrated with the overall project plan. The land acquisition schedule should also be consistent with the project construction schedule. It should be integrated with the construction schedules of Meihekou City Solid Waste Treatment Project.

131. All the land acquisition should be completed one month before the project start. Before the land acquisition, a detailed measurement survey should be undertaken and the relevant agreements should be signed with the affected organizations and families.

132. The Project construction is scheduled to start in April 2009 and will be completed in April 2011. Based on the project schedule of civil works, the resettlement plan preparation will be continued after the PPTA stage, and the land acquisition and resettlement are planned to commence in January of 2009. The schedule of land acquisition and resettlement is shown in Table 9-1.

Table 9-1: Resettlment Implementation Schedule Time 2008 2009 Main Items 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2

Approval RP Preparation and Approval Procedures ADB review and Approval Disclose RIB Detailed Measurement Survey Updated RP based on DMS

Land Disclosure of RP Acquisition Consultation and confirmation and of RP Compensati Sign Compensation on Agreement Disburse Compensation Land acquisition Process Commencement of Civil works Training for APs Rehabilitati Land Readjustment on House Demolition Relocation Set up Internal Monitoring

System Monitor Compensation Monitoring Delivery and Sign contract with monitoring Evaluation agency External Monitoring

X. MONITORING & EVALUATION

133. In order to ensure the resettlement plan implemented smoothly and achieve the proposed objectives of resettlement and rehabilitation, the monitoring and evaluation are required according to the ADB requirements. The resettlement monitoring will be divided into two parts: internal monitoring (by the resettlement offices) and the external independent monitoring.

A. Internal Monitoring

134. The internal monitoring for the whole project will be undertaken by Jilin Provincial Project Management Office, and relevant subproject offices in the project cities or counties. For the proposed project, the internal monitoring will be mainly carried out by Meihekou City Jiecheng Solid Waste Treatment Company Ltd. and Project Headquarter of Meihekou City Waste Treatment Plant. They will ensure that all the concerned agencies abide by the RP. Based on information collected, a progress report should be prepared and submit to the Provincial Project Management Office every quarter to ensure smooth implementation of resettlement program.

135. The main objectives of internal monitoring are to ensure that the role of PMO could be played well during implementation of resettlement plan. The content of internal monitoring includes (1) delivery of land compensation; (2) implementation of compensation policies in the RP; (3) participation and consultation during resettlement implementation; and performance of resettlement institutions. The internal resettlement implementation will be carried out by Liuhe PMO with assistance with relevant township and villages.

B. External Monitoring

136. The external monitoring and evaluation will be undertaken by the external independent M&E agency. This external M&E agency should be independent first and have rich resettlement M&E experiences and qualified staffs. A qualified independent external M&E agency will be select by Meihekou City Jiecheng Solid Waste Treatment Company. A TOR for external monitoring and evaluation is included in annex 2.

137. The external M&E monitor undertakes the resettlement M&E every six month. During the resettlement implementation, the external monitoring agency reports to Meihekou City PMO, the project leading group and the concerned organizations every six-month. This will last until the resettlement completion. At the same time, the external M&E monitor should report the English resettlement M&E report to ADB bi-annually.

138. Meihekou City PMO together with Meihekou City Jiecheng Solid Waste Treatment Company will submit to Provincial Management Office the external resettlement M&E report prepared by the external monitor. These agencies should provide the external monitor with the genuine information with respect to the resettlement and land acquisition (consistent with the engineering progress). At the same time, they should submit to ADB the resettlement completion report and the resettlement evaluation report through Provincial Project Management Office. The report should have a summary of the project impacts and measures taken to mitigate or minimize the negative impacts as before the proposed project implementation.

139. The major external monitoring and evaluation indicators are as follows:

(i) M&E on Progress of Land Acquisition Implementation: i) progress of land acquisition; ii) progress of temporary land occupation; and iii) progress of project impacts; (ii) M&E on Fund Disbursement and Usage: i) Fund disbursement; and ii) Fund usage (planning and actual fund usage). (iii) M&E on Rehabilitation of APs’ Production and Livelihood: i) Production and living conditions of the APs before land acquisition; ii) Production and living conditions of the APs after land acquisition; iii) Analysis and evaluation of employment and living condition before and after the resettlement; and iv) Grievance mechanism and problem resolution.

(iv) M&E on capabilities of resettlement institution, public participation, grievance and appeal procedures. (v) M&E on delivery of compensation fund to the affected households for both land acquisition and house demolition; (vi) M&E on housing plots allocation and new house construction for relocated households; (vii) M&E on implementation of training programs and number of AP participation; (viii) M&E on number of employment assigned to APs from the Project; (ix) M&E on consultation and participation in the process of land acquisition and resettlement; (x) M&E on process of handling complaints and mitigation measures.

140. A TOR for external monitoring and evaluation is enclosed in Annex 2.

ANNEX I : Related Laws, Regulations and Policies

1. Extracts of the Land Administration Law of the People’s Republic of China

Article 10: Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to township(town) peasants' collective ownership shall be managed and administered by the township(town) rural collective economic organization. Article 47: For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Compensation fee for the cultivated land requisitioned includes land compensation fee, subsidies for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be 6-10 times of the average annual output value in the three years prior to requisition. Subsidies for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average occupancy of cultivated land of the unit requisitioned. The rate of subsidies for resettlement per head of the agricultural population that requires resettlement shall be 4-6 times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidies for resettlement for cultivated land requisitioned per hectare shall not exceed 15 times of the average annual output value in the three years prior to the requisition. The rate of land compensation fee and subsidies for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidies for resettlement for the requisition of cultivated land as reference. Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government. For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant provisions of the State, pay to the new vegetable plot development and construction fund. Additional subsidies for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and subsidies for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of People’s Governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidies for resettlement shall not exceed 30 times of the average annual output value in the three years prior to requisition of the land. The State Council may, in accordance with the level of social & economy development, increase the rate of land compensation fee and subsidies for resettlement under extraordinary circumstances. Article 48: Upon determination of the scheme for compensation and resettlement for land requisition, the local People’s Government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land. Article 49: The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept 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 should provide support for rural collective economic organizations and peasants of the requisitioned land for development, management and establishment of enterprises.

Article 57: Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it should be subject to the approval of the competent department of land administration of the People’s Government above the county level. Among which, for temporary use of land within an urban planning zone, consent of the competent department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land. User of temporary use of the land should use the land according to the use agreed on in the contract for the temporary use of the land and shall not construct permanent constructions thereon. The duration of temporary use of land shall generally not exceed 2 years. Article 62: One household of villagers in a rural area can only possess one housing plot, the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Construction of villagers' residences in the rural areas should conform to the overall planning for township/town land utilization, and the best possible use of original house sites and idle land in the village.

2. Provisions Urban Houses Demolition Administration Regulations of the PRC Article 22: The relocater should provide compensation to the relocatee in accordance with these Regulations. For the relocation of the peccancy building and the temporary building over approval term, the relocater shall not provide compensation. But for the relocation of the temporary building within the approval term, the relocation should provide proper compensation. Article 23: The ways of relocation compensation can be money compensation or property rights exchange of house. The relocatee can choose the way of relocation compensation. Article 24: The amount of money compensation should be considered according to the position, use and building area of the removed house and shall be confirmed with evaluating price in the realty mart. Article 25: For the way of property rights exchange of house, the relocater and the relocatee should calculate the compensation amount of removed house and the house price for exchange to balance the price difference of the property rights exchange according to the Article 24 of this Regulation. The relocation of auxiliaries of non-public welfare houses shall not be solved with property rights exchange, but with money compensation by the relocater. Article 28: The relocater should provide houses that accord with quality & safety standards of the State for resettlement. Article 31: The relocater should pay relocation subsidies for the relocatee or the tenant. During the transition term, in case of that the relocatee or the tenant settles for himself/herself, the relocater should pay subsidies for temporary resettlement; in case of that the relocatee or the tenant uses the revolving house, the relocation shall not pay subsidies for temporary resettlement.

3. ADB Policy on Involuntary Resettlement

The ADB Involuntary Resettlement Policy includes the following principles: (1) Involuntary resettlement should be avoided whenever feasible. (2) Where population displacement is unavoidable, it should be minimized by providing viable livelihood options. (3) If individuals or a community must lose all or part of their land, means of livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level.

(4) Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and socioeconomic rehabilitation. (5) Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and socially harmony is promoted. (6) Indigenous groups, ethnic minorities, pastoralists, migrants/floating population, people who claim for such land without formal legal rights, and others, who may have usufruct or customary rights to affected land or other resources, often have no formal legal title to their lands. The absence of a formal legal title to land is not a bar to ADB policy entitlements (7) Each involuntary resettlement is conceived and executed as part of a development project or program. (8) Where adversely affected people are particularly vulnerable groups, resettlement planning decisions will be preceded by a social preparation phase to enhance their participation in negotiation, planning, and implementation.

4. Jilin Provincial Implementation Regulation of Land Administration Law

Article 25: the compensation standards for land acquisition are shown as following: (1) Urban and the suburban vegetable land, the vegetable land in the industrial and mining areas and the fishpond: the compensation standards are 9~10 times of AAOV of the acquired in the past three years; (2) Paddy field, orchard and the vegetable land exclusive item (1) mentioned, the compensation standards are 8~9 times of AAOV of the acquired in the past three years; (3) Day land and man-made grassland: 6~8 times of AAOV of the acquired in the past three years; (4) Forest land, reed pond and grassland excluded man-made grassland and the breeding aquatics water area excluded fishpond: the compensation standards are 4~6 times of AAOV of the dry land adjacent to the acquired in the past three years. (5) Other land: the compensation standards are 2~4 times of AAOV of the dry land adjacent to the acquired in the past three years Article 26: The resettlement subsidies for other productive lands excluded the farmland: the compensation standards are 4~6 times of AAOV of the acquired in the past three years. It is paid once for all.

5. Forest Law of People’s Republic of China

Article 32: the deforestation must apply the permit first and it must be implemented strictly according to the permit. This excludes the deforestation activities by farmers in their own lands and the scattered trees growing the rear and the front of the private houses. The Forest Administration Agencies at the county or above level approve the permit when the state-owned forest enterprises and institutions, the relevant organizations, the Army, Schools and other types of the state-owned have the deforestation. The relevant forest administration agencies approve the permit when the tree belts along the railways and expressways and the urban scenic trees have deforestation. The Forest Administration Agency at county level approves the permit when the rural collective groups have the deforestation. The County Forest Administration Agency or the Township/Town Government empowered by the former approve the permit when farmers have the deforestation in their tenured mountain areas and in their contracted forest center with the collective ownership. All the above-mentioned are applicable to the bamboo forest that is to produce the bamboos. Article 33: The approving agencies are not allowed to approve the deforestation permit, which have exceeded the annual quotas.

Article 34: when the state-owned forest enterprises and institutions apply for the deforestation permit, they have to also submit the relevant survey and design document in the deforestation areas; other organizations apply for the permit, they have to also attach the relevant document detailing the deforestation purposes, location, type of trees, areas, the reserve, forms and the renewal measures etc. For those organizations that don’t comply with the relevant regulations, the approving agencies are authorized to take the permit and terminate their deforestation. They could continue the deforestation only when they have adopted the corrective measures. Article 35: The organization or individuals, who have the deforestation, must replant trees required by the permit such as the forest areas, numbers of trees, types of trees, and timeframe. The afforestation area and numbers of trees should at least same with the deforestation.

ANNEX II: Terms of Reference for External Monitoring and Evaluation

A Objectives of M&E on Resettlement

1. According to the requirements of ADB’s Resettlement Policy, external monitoring and evaluation on resettlement of the subproject: Meihekou City Solid Waste Treatment Plant in Meihekou City under SRBWPCM will be conducted during the land acquisition and resettlement implementation through checking the progress, fund and management of land acquisition and resettlement, follow-up evaluation on land acquisition and resettlement, analyzing and comparing the changes and restoration of production and living standards of those affected persons. While reports are submitted to ADB, JPMO, MCPMO and MJSWTC twice a year, information and suggestions are also provided for every department to make decision as a reference. Through external monitoring and evaluation, ADB and project departments in charge of the LAR program can get sufficient information about whether the land acquisition and resettlement are implemented timely and the requirements are met. Moreover, problems will be identified and suggestions for improvement will be given.

B Major Indicators of Monitoring and Evaluation

2. The major external monitoring and evaluation indicators are as follows:

(1) M&E on Progress of Land Acquisition Implementation: i) progress of land acquisition; ii) progress of temporary land occupation; and iii) progress of project impacts;

(2) M&E on Fund Disbursement and Usage: i) Fund disbursement; and ii) Fund usage (planning and actual fund usage).

(3) M&E on Rehabilitation of APs’ Production and Livelihood: i) Production and living conditions of the APs before land acquisition; ii) Production and living conditions of the APs after land acquisition; iii) Analysis and evaluation of employment and living condition before and after the resettlement; and iv) Grievance mechanism and problem resolution.

(4) M&E on capabilities of resettlement institution, public participation, grievance and appeal procedures.

(5) M&E on delivery of compensation fund to the affected households for both land acquisition and house demolition;

(6) M&E on housing plots allocation and new house construction for relocated households;

(7) M&E on implementation of training programs and number of AP participation;

(8) M&E on number of employment assigned to APs from the Project;

(9) M&E on consultation and participation in the process of land acquisition and resettlement;

(10) M&E on process of handling complaints and mitigation measures.

C Technical Flow Chart

Figure 1 provides the technical flow chart of external monitoring and evaluation.

Figure 1 Technical Flow Chart of External Monitoring and Evaluation

D External M&E Institutions

The external monitoring and evaluation will be undertaken by an independent external monitoring agency authorized by ADB and entrusted by Jilin PMO.

E Organizations and Responsibilities

- JPMO will entrust an independent external monitoring and evaluation agency to conduct baseline survey, follow-up investigation, data collection, calculation and data analysis of data, regular report submission as well as the provision of opinions and advices.

- External monitoring and evaluation agency will establish an resettlement monitoring and evaluation group, which will be responsible for monitoring and evaluation of the land acquisition and resettlement, formulation of the outline for monitoring and evaluation, establishment of monitoring sites, monitoring of field survey and the data analysis, as well as preparation of land acquisition and resettlement monitoring and evaluation reports, according to ADB’s Involuntary Resettlement Policy.

- JPMO will coordinate with the resettlement monitoring and evaluation group concerned personnel, transportation and so on during the field monitoring and survey.

F Methods of M&E

- Monitoring and evaluation adopts a combined method of field investigation, calculation and analysis, and comprehensive assessment by experts.

- Investigation will be conducted in the way of a combination of the key parts with the overall project. There should have an overall investigation of land acquisition and resettlement implementation progress, funds, institutions and management. Investigation should be carried out among affected households.

- Random sampling and other methods will be adopted to make follow-up investigation for the typical sampling households. Sampling size will be: 100% of the affected households.

- The overall investigation adopts the forms of table investigation, forum discussion, and inquiring of documents and archives.

- Photos, audio and video records, and objects should be collected apart from the written materials.

G External Monitoring and Evaluation Report

The external monitoring and evaluation agency will submit resettlement monitoring reports to the ADB, MJSWTC, MCPMO, and JPMO every six months during resettlement implementation and annual evaluation reports as well within 2 years after the completion of resettlement implementation. Table 1 provides the resettlement monitoring and evaluation schedule.

Table 1 Schedule for Resettlement Monitoring and Evaluation No. Report of M&E Date 1 Baseline Survey of Socioeconomic Information 31 January, 2009 2 First Monitoring Report 30 June, 2009 3 Second Monitoring Report 31 December, 2009 4 First Annual Evaluation Report 31 December, 2010 5 Second Annual Evaluation Report 31 December, 2011

ANNEX III Resettlement Information Booklet

1. Objective of the Resettlement Information Booklet

This objective of the RIB is to provide APs information about the project, especially information about compensation principles, compensation benefits and compensation standards and other regulations, as well as how and when the compensation fee will be paid to the affected people and villages. This is a part of the information publication in order to disclose the land acquisition, resettlement, compensation standards, compensation fee payment, appeals and redress procedures and policies. The Executive Agency will distribute the RIB to the affected people and villages before the detailed measure survey (DMS).

2. Project Description

The proposed Meihekou Sanitary Landfill Site has the treatment capacity of 400 tons per day and the total storage capacity of the proposed landfill site is 3.6 million m3 with the service period of 17 years. The total investment of the proposed project is CNY125 million. The project will begin construction in April 2009 and total construction period is 24 months. Both project impacted and benefited area is in Meihekou City, Jilin Province.

3. Implementation Schedule of the Project

The implementation of the project will be from April of 2009 to April 2011.

4. Implementing Agency and Administrator

Implementing agency on land acquisition and resettlement:

Meihekou City Jiecheng Solid Waste Treatment Company Contact: Ren Meijuan Telephone: 0435-4370310

5. Compensation Standards for Land Acquisition and Resettlement

(1) Compensation and Resettlement Policy

The compensation policies for both land acquisition and house demolitions will be set by Meihekou City PMO in accordance with national law, and provincial or local regulations.

(2) Rehabilitation for affected households:

The proposed project will acquire the land area of 536.7 mu in Lianshan and Changjia Villages, which include 142.6 mu farmland and 360.9mu forest land, affecting 45 households and 144 persons. The proposed project would also cause relocation of 21 households and 72 persons. A total of and 1808m2 will be demolished. All together, the proposed project will have impact on 61 households with 198 persons. For farmland acquisition, cash compensation will be provided with 10% of compensation paid to village collectives, and 90% of land compensation and 100% of resettlement subsidy and standing crop will be paid to affected households. For forest land acquisition, compensation for forest land will be paid to village collective; and compensation for lost trees will be paid to the affected households. For resettlement subsidy, they will be shared between affected village and affected households. For relocated households, they will be provided with cash compensation based on replacement value of lost assets and new housing plots free of charge.

(3) Compensations

For farmland acquisition, according to the relevant Municipal and Provincial laws and regulations, the compensation is set at 25 times of AAOV, which is set at CNY980 per mu for paddy and CNY690 per mu for dryland. Among total compensation, the land compensation is 10 times of AAOV and resettlement subsidy is 15 times of AAOV. For forest land compensation, both land compensation and resettlement subsidy is set at CNY3,450 per mu based on 5 times of AAOV of dryland. The compensation for lost trees is

49 set at CNY13,791 per mu for forest land converting from farmland and CNY3,529 per mu for timber forest land. For affected buildings, based on replacement value, compensation is set CNY1,000 per square meter for brick concrete structure and CNY700 per square meter for earth wood structure. For moving assistance, it is set at CNY10 per square meter.

For all types of impacts, different compensation and rehabilitation will be provided, which is summarized in the entitlement matrix for the proposed Project. Please see Table 1 for detail:

Table 1: Entitlement Table Affected Scope of Compensation Compensation Types of Impact Institutions and Impacts Standards Allocation Individuals Lianshan Village: carry out land readjustment; 10% land compensation (10 AAOV) paid to the Land: village group; 90% of 14.2mu 24500CNY/mu; land compensation and paddy; Dry land: 100% resettlement Two villages and 128.4mu dry 17250CNY/mu; subsidy (15 AAOV) to be affected land land affecting Farmland Young crop: distributed to all persons contractor 41 980CNY/mu; in group. Changjia households Dry land: Village: 10% of land and 134 690CNY/mu. compensation to village: persons 90% of land compensation and 100% resettlement subsidy paid to affected farmers directly. 17.9mu The compensation will be wasteland; paid to the Lianshan Wasteland Lianshan village 2070CNY/mu 15.3mu other Village, since no land individuals are affected. The compensation for forest land will be paid to the Lianshan village Forest land: directly; the resettlement Permanent 3450CNY/mu; susidy for timber forest will also be paid to the Land 360.9mu Resettlement Lianshan Village; for the Acquisition forest land subsidy: forest land converted Forest affecting 8 Lianshan village 3450CNY/mu; from the farmland, 30% Land households of the compensation will and 23 Vegetation be paid to the Village and persons restoration: the remaining 70% will 5766CNY/mu. paid to the land contractor. The vegetation restoration will be paid to the Forest Bureau. 239mu forest land 13791CNY/mu converted for forest land from Land contractors converted from farmland; The compensation will be with 8 farmland Lost trees 121.9mu delivered to the land households and timber forest contractors. 23 persons 3529CNY/mu affecting 8 for timber forest households land and 23 persons 160 fruit The compensation will be Fruit farmer 180CNY/set trees paid to the affected Attachments Electricity 15 telegraph institutions and 800CNY/pole company poles individuals.

20 Brick-concrete: households to 1000CNY/m2; be relocated Earth-wood: fue to 700CNY/m2; Environmenta Relocation Farmers in two Houses l impact and 1 subsidy: The affected households villages household to 10CNY/ m2; be relocated Heating due to land subsidy: acquisition 500CNY/house hold 118.08m to Fencing be 100CNYm House demolished Demolition 20 wells to be Electrical Well 500CNY/well demolished 29 to be Sheds for corn 150CNY/set demolished The compensation will be 1613.2 m2 to Others Warehouses and delivered to the affected be 150CNYm2 pigpens directly. demolished 21 to be Toilet 50CNY/set demolished 21 to be Telephone 120CNY/set relocated 19 to be 510CNY/house Cable TV relocated hold Resettlement site will acquire Compensation The compensation will be Replaced 11 mu dry farmland owned for young crop: paid to affected farmland land by 10 690CNY/mu households. households A total of 80,000CNY will be provided by the Project for Land land reclamation, reclamation; a Lianshan Village is site total of 0.545 responsible for land Relocated preparation -- million CNY will reclamation, site leveling households and be provided for and infrastructure Rehabilitati Infrastructure site preparation installation. on development and Measures infrastructure development for relocated households To enhance Project technical and skill job skill and Provide training Technical Lianshan and training, and introduce capacity for fund of Training Changjia Villages employment to the affected CNY200,000 affected villagers villagers To provide Provide Support to additional 4 vulnerable financial support Pay directly to 4 affected Vulnerable support for persons of CNY2,000 vulnerable persons Groups vulnerable per person groups

(4) Compensation Fund Allocation

The compensation fee for land acquisition will be paid to the legal owners in principle. For the house to be removed, the compensation fee will be paid according to the replacement value.

6. Appeal

Stage 1: One affected person could first voice his oral or written complaint to the village or township resettlement team. If it’s oral complaint, the village or township resettlement team must write it down, and give specific reply in two weeks. Stage 2: If the affected person is not satisfied with the reply made by the village or township, he could appeal the resettlement office of the Meihekou Jiecheng Solid Waste Treatment Company, which will give their reply in 4 weeks. Stage 3: If the affected person is not satisfied with the reply made by the resettlement office of MJSWC, he could appeal the resettlement office of the Meihekou City PMO, which will give

51 their reply in 4 weeks. Stage 4: If the affected individual does not satisfy with the reply made by the PMO of Meihekou City, he can appeal to can appeal to civil court.