Resettlement Plan

Wudang Medium-sized Irrigation Zone Core Subproject Resettlement Plan Document Stage: Draft Project Number: P38594 September 2006

PRC: Integrated Water Resources Management Sector Project

Prepared by Black & Veatch (Asia) Ltd. in conjunction with the Guiyang Municipal Government.

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.

ASIAN DEVELOPMENT BANK

SHORT RESETTLEMENT PLAN

ON

WUDANG MEDIUM-SIZED IRRIGATION ZONE CORE SUBPROJECT

OF

GUIYANG INTEGRATED WATER RESOURCES MANAGEMENT PROJECT

IN THE

PEOPLE'S REPUBLIC OF

WATER RESOURCES BUREAU OF WUDANG

SEPTEMBER 2006 GUIYANG – P. R. CHINA Guiyang Integrated Water Resources Management Project Black & Veatch (Asia) Ltd

Letter of Commitment

Through Ministry of Finance, Guiyang Municipal Government (hereinafter called as GMG) has applied a loan from ADB to finance this Subproject. Therefore, it must be implemented in compliance with the guidelines and policies of Asian Development Bank for Social Safeguards. This Resettlement Plan is in line with the key requirement of Asian Development Bank and will constitute the basis for land acquisition, house demolition and resettlement of the Subproject. The Plan also complies with the laws of the People’s Republic of China and local regulations, as well as with some additional measures and the arrangements for implementation and monitoring for the purpose of achieving better resettlement results.

GMG hereby approves the contents of this Resettlement Plan and guarantees that funds will be made available as stipulated in the budget. GMG has discussed the draft Resettlement Plan with relevant units that have confirmed their acceptance, and authorizes Guiyang Project Management Office/ Wudang PMO for ADB Financed Project as the responsible agency to generally manage the implementation of this subproject and relevant resettlement activities, and the local governments of concerned project areas to be responsible for implementation of the subproject and related resettlement activities within the respective administration.

The Mayor of the Guiyang Municipal Government

(original signed) (signature) 18 April 2007 (date)

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Abbreviations

APs - Affected Persons AAOV - Average Annual Output Value AVs - Affected Villages ADB - Asian Development Bank DI - Design Institute GMG - Guiyang Municipal Government AH - Affected Households M&E - Monitoring and Evaluation PMO - Project Management Office RP - Resettlement Plan

Notes

Currency Unit - Yuan(Y) $1.00 = Y8.00 I ha = 15mu

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A. Project background

1 The Wudang medium-sized irrigation area consists of the Qiankanqing Reservoir irrigation engineering, the Bashanqiu Reservoir irrigation engineering and the Sanjiang-Dagou diversion irrigation engineering. As an irrigation improvement subproject, the trunk canals, the branch canals and the partial farm field canals in the canal engineering part and the head work hinge collocation, the existing condition will be maintained. And the newly increased farm field canals and farm field matched engineering part could be carried out as typical design. The basis for working out this resettlement plan is the feasibility study report of the Wudang medium-sized irrigation area core subproject. This subproject is planned to be started for implementation in March, 2007. Before start up this subproject, the Guiyang ADB Project Office and the Wudang District Water Resources Bureau will update the resettlement plan according to the engineering design and detailed survey data, publish again to the affected people and report to ADB for approval. A map of the subproject area is shown in Figure 1.

2 The total investment of the Wudang medium-sized irrigation area core subproject budgeted is RMB 8.05 million. The sources of this fund will be from ADB, Guiyang Municipal financial fund and the Wudang District financial fund. The detail, please see the Table 1.

Table 1: Wudang District Irrigation Area Core Subproject

Irrigated Investment In which Ser. County Affected Implementation Beneficiaries Contents area (10,000 Poor No. (District) towns year (person) (mu) yuan) (person) Wudang Qiankanqing Shuitian 1 District Reservoir 6080 713.38 Town 2007 8145 276 irrigation Wudang Bashanqiu Shuitian 2 District Reservoir 100 10.76 Town 2007 301 0 irrigation Wudang Sanjiang-Dagou Shuitian 3 District diversion 800 80.86 Town 2007 1570 0 irrigation Total 6980 805.00 / / 10016 276

3 After completion of this subproject, the following benefits are to be gained: (i) it will solve the agricultural problems of Wudang District for lifting up the local farm field irrigation guarantee ratio and improving irrigation conditions; (ii) it will help the local farmers reducing poverty and becoming richer, increasing farmers’ incomes and maintaining food supply safety, (iii) it will change the economical and environmental conditions in the district, and (iv) it will boost the district industrial and agricultural development and the local economical development. Based on a forecast, about 10016 persons could be benefited, of which the poverty people will be 276 persons, approximately accounting for 3%.

B. Resettlement Impacts

4 By June of 2006, the feasibility study report of the Wudang District Irrigation Area Core Subproject has been completed. And based on the socio-economic survey of the Guiyang Water Recourses Development Ltd. 1.2 mu dry land will be permanently occupied land by the subproject and consequently 11 households with 47 persons will be affected. In addition, 22 mu of land of which 1 mu of dry land and 21 mu of grassland will be occupied temporarily with 321 temporary affected households and 1496 affected persons during the construction phase. None of these affected people belong to vulnerable group. The subproject resettlement impacts are shown in Table 2.

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Table 2: Subproject Resettlement Impacts

Temporary Irrigated Implemen Land acquisition Ser. County Irrigation occupation area tation Town No. (District) area Qty. APs AHs Qty. APs AHs (mu) year (mu) (person) (HH) (mu) (person) (HH) Wudang Qiankanqing Shuitian 1 6080 2007 1.2 47 11 17 1320 281 District Reservoir Town Wudang Bashanqiu Shuitian 2 100 2007 0 0 0 0.5 17 4 District Reservoir Town Wudang Sanjiang-Da Shuitian 3 800 2007 0 0 0 4.5 159 36 District gou Town Subtotal 6980 1.2 47 11 22 1496 321

5 It indicates through socio-economic survey (20% sampling household) that the land acquisition for irrigation area upgrading or newly construction in the subproject will be a very narrow strip of land (1-2 m) for the canal improvements. The average lost land per household will be 0.1 mu, holding 1.6% of 6.2 mu, the average cultivated land per household. There will not be any person who will lose land above 5%. The corresponding affects to the incomes will be few, accounting for 1.2% of the net incomes of the average person of the affected family, and the compensation for land acquisition is enough to compensate this minor loss. In addition, there is not any resident house to be removed by this subproject.

C. Legal Framework and Resettlement Policies

6 The working out of the resettlement plan and the implementation of the post resettlement work will be mostly based on the corresponding policies of the Involuntary Resettlement issued by ADB and relevant laws and regulations of the People’s Republic of China, province and Guiyang City. All of the compensation standards adopted and the resettlement measures should be carried out. This subproject will follow the following regulations and laws:

• Policy of Asian Development Bank on Involuntary Resettlement, November 1995; • Operations Manual –Resettlement (OM/F2/BP), October 2003; • Land Administration Law of the People’s Republic of China (effected from January 1 of 1999, revised on August 28, 2004); • Decision of the State Council on Deepening Reform and Strengthening Land Administration, Ref. GF[2004]28; • Guidelines for Strengthening Land Acquisition Compensation and Relocation System, Ref. No.GTZF[2004]238, effected from November 3, 2004; • Regulations of Guizhou Province on Land Administration, effected from January 1, 2001; • Decision of the People’s Government of Guizhou Province on Deepening Reform and Strictly Enforcing Land Administration, Ref. QFF[2005]17, effected from June 21, 2005; • Notice of the People’s Government of Guizhou Province on Strengthening Land Acquisition Administration for Key Construction (Ref. QFF[2004]5); • Notice of the People’s Government of Guiyang City on Adjusting Computation Standards for Average Annual Output Value for Land Acquisition in Guiyang City (Ref. ZFT[2002]52).

7 The compensation and resettlement policies of this subproject to the APs are not only in accordance with the domestic regulations and laws requirements and but also in accordance with the ADB’s policy requirements. The basic aim of the ADB’s resettlement plan is to let the affected people restore their incomes and living conditions as soon as possible after the

WuDang RP 2 5/4/2007 Guiyang Integrated Water Resources Management Project Black & Veatch (Asia) Ltd subproject implementation, and the working out and the implementation in the future of this resettlement plan is based on this aim.

8 The cut-off date of this Subproject for compensation is the date when the Wudang local government issues the order for stopping building activities, which will happen when the project is formally approved. After this date, any growing and building on rush in the project area will not be eligible for compensation and relocation.

9 Based on sufficient gathering the affected people’s opinions (more than 40% women participating including), this subproject will adopt cash compensation. The land compensation, resettlement subsidy and young crops subsidy will be paid to the affected households directly. The affected farmers could decide the usage measures themselves according to their practical situations. Most of farmers want to invest in cash crops and stockbreeding for increasing their incomes. This will be possible with improved water supply provided by the Project. Furthermore, during construction period, a total labor-day of 20000 will be required, incl. 10800 of non-technical jobs of payment rate at RMB 20 per day. APs (including 40% women) have the priority in getting jobs.

10 According to the relevant laws and regulations, the permanent land acquisition compensation standard for collective land is showed in the Table 3 and the temporary land occupation compensation standard is listed in Table 4.

Table 3: Permanent Land Acquisition Compensation Standard

Compensation Of which County standard Land type Land Resettlement Young crop (District) (RMB compensation subsidy subsidy yuan/mu) Wudang Dry land 16913 9107 7104 792 District

Table 4: Temporary Land Occupation Compensation Standard

Young crop Restoration Occupation County Subtotal (RMB compensation Land type charge (RMB duration (District) yuan/mu·year) (RMB yuan/mu) (Year) yuan/mu·year) Wudang Dry land 3903 800 3103 1 District Grassland 2602 400 2202 1

11 And the entitlement matrix of the APs has been formulated in Table 5.

Table 5: Entitlement matrix

Compensation Type of Degree of Impacts Eligible People Entitlements Policy / Loss Standards Permanent land Affected households of Permanent Dry land: 16913 Money acquisition of 1.2 mu 11with a total of 47 land lost yuan/mu compensation of dry land persons Temporary Dry land: 3903 The temporarily Temporary Affected households of occupation land of 1 yuan/mu occupied land land 321with a total of 1496 mu of dry land and 21 Grassland: 2602 should be restored occupation persons mu of grassland yuan/mu to be used again.

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D. Budget

12 The resettlement cost should be included into the total cost for the varied irrigation areas improvement. The total preliminary budget for resettlement of the irrigation area will be RMB 112,800. Because of the exact quantity of impacts could not be determined at this stage, so the budget could be required to be updated on the basis of following detailed design and survey work step by step. In general the resettlement charges proportion in comparison with the total subproject cost will be few (approximate 1.4%). The budget is shown in Table 6.

Table 6: Resettlement Budget

Standard Budget Items Unit Qty. (yuan/mu) (10,000 yuan) Permanent land Dry land mu 1.2 16913 2.03 acquisition Temporary land Dry land mu 1 3906 0.39 occupation Grassland mu 21 2602 5.46 Land acquisition tax (10,000 yuan) 1.2 9055 1.09 Others (Including prearrangement fee, (10,000 yuan) / / 2.31 management fee, etc.) Total / / 11.28

13 The Executing Agency (The Water Resources Bureau of Wudang District) will directly pay all compensation charges to the affected people under the supervision by the Guiyang Municipal Management Project Office. The compensation agreement between the executing agency and the affected people should be signed before the subproject starting up and certified by the Guiyang Municipal Project Management Office.

E. Institutional Framework and Implementation Plan

14 The resettlement organizations will be responsible for plan, management, implementation, reconstruction and incomes restoration on resettlement compensation and allocation are as follows: (i) PMO of Guiyang city will be responsible for plan and implementation management on the land acquisition allocation in general; (ii) the Water Resources Bureau of Wudang District, the Land Resources Administration Bureau of Wudang District will be responsible for carrying out the land acquisition following the legal procedures, and (iii) other organizations, including town government, village committee, villagers group will assist the Water Resources Bureau of Wudang District and the Land Resources Administration Bureau of Wudang District to carry out land acquisition and removal work, help and guide the affected people to restore their incomes as soon as possible.

15 Because of the affected land quantity is very small, the Guiyang Municipal Land Resources Administration Bureau will be responsible for land acquisition reporting for approval and for announcement to the APs. The finalized land acquisition quantity will be submitted to PMO of Guiyang city by the Water Resources Bureau of Wudang District before civil work starting up and the PMO of Guiyang city will updated the affected quantity and resettlement cost of this resettlement plan and report to ADB.

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Table 7: Resettlement Implementation Schedule of the Wudang District Irrigation Area Core Subproject

Ser. Resettlement activity contents Timing Status No. 1 RP Preparation 1.1 Establish PMO of Wudang District March of 2006 Completed 1.2 Detailed socio-economic survey May – June of 2006 Completed 1.3 Compiling RP July – Aug. of 2006 1.4 Updating of RP November 2006 Information Disclose & Public 2 Participation 2.1 Consultation with relevant depts. & APs July of 2006 2.2 Disclosure of RP to APs Aug. of 2006 2.3 Uploading RP on ADB website September of 2006 3 RP Approval 3.1 Domestic Aug. of 2006 3.2 ADB Sept. of 2006 4 Procedures for Construction Land 4.1 Land preliminary examination Aug. of 2006 4.2 Approval of land use Sept. of 2006 5 Implementation Stage 5.1 Land acquisition announcement Sept. of 2006 5.2 Check-up of in-kind quota Oct. of 2006 5.3 Land acquisition agreement Nov. of 2006 5.4 Payment of compensation Dec. of 2006 5.5 Technical training for APs Jan. – Mar. of 2007 5.6 Farm improvement measures (project) Mar. – Dec. of 2007 6 Monitoring & Evaluation 6.1 Baseline investigation Nov. of 2006 6.2 Internal Monitoring Nov. of 2006 - Dec. of 2007 6.3 External Monitoring and Evaluation Dec. of 2006 - Dec. of 2008

F. Consultation, Participation and Grievance Mechanism

16 For establishing resettlement policies, working out and implementation resettlement plan, the related organizations paid special attention on the affected people’s participation and consulted their practical opinions on the related maters. In every stage, each PMO will take suitable measures to encourage the public to take part in the farm improvement activities.

17 For allowing the affected people to realize the resettlement plan contents and the corresponding policies, PMO has issued this brief resettlement plan to the affected villages and villages’ groups in August 2006.

18 The public participation will run through all of the processes of the resettlement plan working out and its implementation. It is hard to avoid some problems which could not be forecasted in the land acquisition procedures. So, it is necessary to set up a transparency and effective appeal and treatment channel.

19 If the affected people do not satisfy the compensation or other matters, they can feedback their opinions to the related authorities. To guarantee their interests and assets not be infringed, their opinions and appeal should be reported by the following procedures:

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1st step: The affected people could bring forward their oral or written dissatisfaction opinions to the village committee or the town government. If it is an oral opinion, the village committee and town government should make a written record and the village committee or the town government should make out a clear reply within 2 weeks. If it is a big problem, the Water Resources Bureau of Wudang District should make out its reply within 2 weeks.

2nd step: If the affected people do not dissatisfy the reply in the 1st step, they could appeal toa civil court within 15 days after receiving the reply.

20 The appeal and resolving process and its result should be recorded, monitored and evaluated and some follow-up measures should be taken for ensuring the problem could be satisfied to be solved in time. The appeal by the affected people will be free of charge, if there is any cost occurred, which should be born by the Water Resources Bureau of Wudang District.

G. Monitoring & Evaluation

21 For ensuring smoothly to implement the resettlement plan and achieving proper resettlement aim, the subproject will carry out an entire process monitoring to the land acquisition, removal and resettlement. The monitoring consists of two parts respectively of internal monitoring (to be responsible by the resettlement institution) and the external independent monitoring.

22 The aim of the internal monitoring is to maintain the supervision function of the resettlement institution in the resettlement plan implementation process, ensure the legal interests of the affected people by the subproject not to be infringed and the construction engineering to be smoothly carried out. The internal monitoring will be carried out by the Water Resources Bureau of Wudang District and the Water Resources Bureau of Wudang District will report to PMO of Guiyang city each quarter.

23 The objective of the external monitoring and evaluation is to monitor and evaluate the aim of the resettlement whether or not has been achieved. Through monitoring process, some appraisal opinions and suggestions should be accepted and applied in the resettlement and incomes restoration process. The external monitoring is a part of the beforehand alarm system for the subproject management. Meanwhile it is a channel for the affected people to feedback their opinions, too. A qualified independent resettlement monitoring and evaluation organization will be engaged by the PMO to conduct the external monitoring and evaluation for this subproject.

24 The external monitoring agent will independently submit its monitoring report on the irrigation area modification subproject to the Project Leading Group, PMO and ADB. The external monitoring agent will carry out follow-up investigation, monitoring and evaluation on the resettlement activities and put forward its suggestions to be as the accordance of the project decision for adopting corresponding measures. The external monitoring agent should submit annual monitoring report to PMO and ADB.

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