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Resettlement Plan (Draft) People's Republic of China: Henan

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Resettlement Plan (Draft) People's Republic of China: Henan Resettlement Plan (Draft) Project Number: 52023-001 May 2019 People’s Republic of China: Henan Dengzhou Integrated River Restoration and Ecological Protection Project Prepared by the Dengzhou City Government (DCG) for the Asian Development Bank. This 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. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. Resettlement Plan Henan Dengzhou Integrated River Restoration and Ecological Protection Project I Resettlement Plan Henan Dengzhou Integrated River Restoration and Ecological Protection Project Definition of Terms In the context of involuntary resettlement, affected/displaced persons are those who are physically displaced (relocation, loss of Affected Person residential land, or loss of shelter) and/or economically displaced (AP) or (loss of land, assets, access to assets, income sources, or means Displaced of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) Persons.： involuntary restrictions on land use or on access to legally designated parks and protected areas. Money or payment given to affected persons for property, Compensation： resources and income losses. According to the losses categories of affected persons, they are entitled to get compensation, income restoration, relocation costs, Entitlement： income subsidies and resettlement to restore socioeconomic conditions. Income Rebuild the affected persons’ source of income and living standard. Recovery： Rebuild houses and properties including productive land and public Resettlement： facilities at another area. Material and immaterial property losses, including residential houses, communities, production land, income sources, culture Impacts： centers, social structure, network, culture characteristic and cooperative system. An action plan with timeline and budget, including resettlement Resettlement strategies, targets, rights, action, responsibilities, monitoring and Plan (RP)： evaluation. Vulnerable Refers to a special group of people who may be impacted more Groups: seriously during the resettlement process. II Resettlement Plan Henan Dengzhou Integrated River Restoration and Ecological Protection Project ABBREVIATIONS ADB Asian Development Bank AP Affected Person AH Affected Household DCG Dengzhou City Government DMF Design and monitoring framework EA Executing Agency EPB Environment Protection Bureau FGD Focus group discussion FSR Feasibility Study Report HD House Demolition HH Household IA Implementation Agency IURDPAAB Integrated Urban–Rural Development Pilot Area Administration Bureau LA Land Acquisition LAR Land Acquisition and Resettlement LEF land-expropriated farmer M&E monitoring and evaluation PAM project administration manual PLG project leading group PMO project management office PPMS project performance monitoring system PRC People’s Republic of China SPS Safeguard Policy Statement TA technical assistance WAB Water Affairs Bureau WEIGHTS AND MEASURES ha hectare km kilometer km2 square kilometer m meter m2 square meter m3 cubic meter m3/d cubic meter per day $(USD) US dollar CNY Renminbi YUAN currency unit NOTES (i) The fiscal year of the Government of the People’s Republic of China and its agencies ends on 31 December. (ii) In this report, "$" refers to US dollars. III Resettlement Plan Henan Dengzhou Integrated River Restoration and Ecological Protection Project Executive Summary A. Introduction 1. The Dengzhou City Government (DCG) of Henan Province, People’s Republic of China (PRC) has requested the Asian Development Bank (ADB) to provide investment and technical assistance support for the Henan Dengzhou Ecological Protection and Integrated Rehabilitation Project. The project’s outcome is water security and environmental sustainability in Dengzhou City improved. The project comprises three outputs: (i) urban and rural water infrastructure in Dengzhou City improved; (ii) ecological zones in Han River restored; and (iii) water resources management capacity enhanced. All the three outputs involve civil works and land acquisition and resettlement (LAR) impacts. The Project was categorized as A in term of involuntary resettlement in light of ADB’s Safeguard Policy Statement (SPS), requiring the preparation of a resettlement plan (RP). 2. The project has a construction period of 5 years, from 2020 to 2025. As planned, the LAR of the Project will begin in January 2020 and will be completed in December 2021. The estimated resettlement budget is 504.364 million yuan (prices in April 2019). 3. This RP will be updated based on the detailed design and the results of the Detailed Measurement Survey (DMS), and the updated RP will be submitted to ADB for review and approval prior to the commencement of resettlement and awards of civil works contracts. B. Land Acquisition and Resettlement (LAR) Impacts 4. The proposed project will affect 29 villager groups of 11 villages/communities in 5 towns of Dengzhou City in terms of LAR impacts. In total, 2,001.57 mu collective land will be acquired, including 1,817.82 mu cultivated/garden land and 183.75 mu rural construction land, affecting 769 HHs with 2,952 persons. In addition, 5,190.38 mu state-owned land (SOL), mainly the watercourse management land, will be occupied, without any affected people. A total of 2,953 mu land will be used temporarily (TLU) during construction. A total of 152,600 m2 of rural residential houses will be demolished (HD), with 525 HHs and 1,841 persons to be relocated. A total of 13,333 m2 of rural non-residential houses will be affected, with 2 agencies and 9 persons affected. In total, 793 HHs and 3,023 persons will be affected permanently by LAR of the project, meanwhile 2,260 HHs with 8,746 persons will be affected temporarily by temporary land use. 5. Within the range of the North to south open channel and West to east diversion channel under Output 1, the LAR has been completed before preparation of the Project; and a resettlement due diligence report (DDR) has been prepared to ensure there is no outstanding issues before the commencement of civil works (See appendix 1). i Resettlement Plan Henan Dengzhou Integrated River Restoration and Ecological Protection Project C. Policy Framework and Objective 6. This RP is based on the ADB’s Safeguard Policy Statement (2009), particularly Safeguard Requirements 2 for Involuntary resettlement; and the relevant domestic laws and regulations, including: the Land Administration Law of the PRC (2004), Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28), Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238), and the applicable policies of Henan Provincial Government and Dengzhou City Government. 7. The objective of compensation, livelihood restoration and resettlement is to achieve the same or better income and livelihood for affected persons (APs). D. Compensation Rates and Resettlement Entitlements 8. The compensation rates for LAR are determined based on the project’s resettlement policy framework and objective stated above. Based on the democratic decision-making procedures and local practices, each village committee will discuss with their affected villagers and then voluntarily decide the proportion of land compensation to be distributed to APs (at least 90%) and to be used by village collective for public affairs (but no more than 10%). Compensation for ground attachments, young crops, trees and other facilities on the affected land, and compensation of temporary land occupation will be directly paid to the APs. 9. The compensation rate for temporarily occupied farmland is based on the average annual output value (AAOV) of farmland in project area, and the expected period of occupation is one year. Compensation will be paid directly to the AHs. 10. Compensation for house demolition will be made according to the principle of full replacement cost. All the houses to be demolished by the Project are located in Tuanbei New District of Dengzhou City. The HHs affected by HD have two options, namely: (i) one-off cash compensation based on market assessment value, and (ii) combination of cash compensation based on stipulated prices and resettlement houses offered by the government. Under the latter option, the affected houses will be compensated as per the prices published by local government which are generally equal to the prices of resettlement houses to be provided to AHs. The resettled HHs will also receive transition subsidy during the transition period, on-schedule demolition rewards, moving subsidy and living allowance, etc. 11. The compensation rates for non-residential house demolition will be determined through market value assessment. In addition, subsidy for losses due to activity suspension will be provided. 12. Based on the applicable policy framework and compensation regulations, the draft RP includes an entitlement matrix for the project which summarizes the main compensation and restoration/resettlement rights of APs. E. Livelihood Rehabilitation and Resettlement Measures 13. For the preparation
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