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Resettlement and Indigenous Peoples Plan (Draft)

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Resettlement and Indigenous Peoples Plan (Draft) Resettlement and Indigenous Peoples Plan (Draft) Project Number: 38412-033 June 2018 India: Assam Integrated Flood and River Erosion Risk Management Investment Program – Project 2 Kaziranga Subproject: Package KP1: Construction of Sluice Gate 3 Nos at following locations – Ch. 16080 M, Ch. 19370 M and Ch. 20720 M + Bank Protection works 4 km.; Package K-P2: Pro-Siltation measures (River training work) with 24 Nos. of multi-layered PSC porcupine screens at upstream and downstream of Bank protection work; Package K-P3: Emergency work in existing Brahmaputra Dyke (earthworks) of total 3.78 km. Prepared by the Flood and River Erosion Management Agency of Assam (FREMAA), Government of Assam for the Asian Development Bank. This resettlement and indigenous peoples 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. ii CURRENCY EQUIVALENTS (as of 25 June 2018) Currency unit – Indian rupees (INR/Rs) INR1.00 = $0. 0.0146897 $1.00 = INR 68.07625 ABBREVIATIONS ADB Asian Development Bank ADC Additional Deputy Commissioner AH Affected Households ATH Affected Tribal Household AIFRERMIP Assam Integrated Flood and River Erosion Risk Management Investment Program AP Affected Persons ATP Affected Tribal Person BPL Below Poverty Line CPR Common Property Resource CO Circle Officer COI Corridor of Impact DC Deputy Commissioner DMS Detailed Measurement Survey EA Executing Agency EMA External Monitoring Agency FC Field Coordinator FHH Female-headed Household FREMAA Flood and River Erosion Management Agency of Assam GoA Government of Assam GoI Government of India GRC Grievance Redressal Committee HH Household Kms Kilometers LA Land Acquisition NGO Non-Government Organizations RFCTLARRA Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 RIPP Resettlement and Indigenous Peoples Plan Rs Indian Rupees R&R Resettlement & Rehabilitation SEIO Social and Environmental Implementation Officer SC Scheduled Castes SIO Subproject Implementation Office SPS ADB’s Safeguard Policy Statement, 2009 ST Scheduled Tribe ToR Terms of Reference WRD Water Resources Department Table of Contents Executive Summary ................................................................................................................... vi I. Project Description .......................................................................................................... 1 A. Background ......................................................................................................... 1 B. The Package ....................................................................................................... 2 C. Profile of the Project Area ................................................................................... 4 D. Subproject Package-K3 Impacts ......................................................................... 5 E. Minimizing Involuntary Resettlement ................................................................... 6 F. Scope and Objectives of the Resettlement and Indigenous People’s Plan .......... 6 II. Scope of Land Acquisition and Resettlement................................................................... 8 A. Impacts of the Subproject Package ..................................................................... 8 B. Scope of Land Acquisition ..................................................................................12 C. Impact to Structures ...........................................................................................13 D. Loss of Livelihood ..............................................................................................15 E. Common Property Resources ............................................................................15 F. Impact to Trees ..................................................................................................15 III. Socioeconomic Information and Profile.......................................................................... 16 A. Involuntary resettlement Impacts .......................................................................16 B. Methodology ......................................................................................................16 C. Demographic Profile of Project Displaced Households ......................................16 D. Households by Religion .....................................................................................17 E. Households by Social Category .........................................................................17 F. Household by Size of Family ..............................................................................17 G. Affected Persons by Age Group .........................................................................18 H. Socioconomic Profile .........................................................................................18 I. Key Socio-economic Indicators ...................................................................................21 J. Resettlement Preferences ..................................................................................22 IV. Schedule Tribe Population in Package K3 ..................................................................... 24 A. Positive and Negative Impact on the project on ST (Mising) Population .............25 B. Comparison of Key Socio-economic Indicators of KP1 (73% Mising Tribe), KP2 (18% Mising Tribe) and P1 & P2 (0% ST population) RPs .................................26 V. Information Disclosure, Consultation and Participation .................................................. 28 A. Outcome of the Consultations ............................................................................32 B. Plan for further Consultation in the Project .............................................................35 C. Disclosure of Resettlement Plan ........................................................................36 VI. Legal Framework ........................................................................................................... 37 A. Background ........................................................................................................37 B. National Legislations, Policies and ADB Policy ..................................................37 C. GAPs and Project Specific Actions ....................................................................39 D. Involuntary Resettlement Safeguard Principles for the Project ...........................39 E. Legal Framework of Indigenous People .............................................................41 F. Legal Framework in India ...................................................................................41 iv G. ADB Safeguards Policy Statement, 2009 ...........................................................43 H. Comparison of Applicable Government and ADB Policies and Gap-filling Measures ...........................................................................................................44 I. Indigenous Peoples Safeguards Principles for the Project ..........................................45 VII. Entitlement, Assistance and Benefits ............................................................................. 48 A. Eligibility Criteria ................................................................................................48 B. Entitlement Matrix ..............................................................................................48 C. Cut-off Date .......................................................................................................54 VIII. Relocation of Housing and Settlements ......................................................................... 56 A. Provision for Relocation .....................................................................................56 B. Relocation Strategy ............................................................................................56 C. Development of Resettlement Sites ...................................................................56 IX. Income Restoration and Rehabilitation .......................................................................... 58 A. Loss of Livelihood in this Package .....................................................................58 B. Entitlements for Loss of Livelihood .....................................................................58 X. Resettlement Budget and Financing Plan ...................................................................... 61 A. Compensation for Land and Structure ................................................................61 B. R&R Assistances ...............................................................................................61 C. RIPP Implementation Cost .................................................................................62 D. Source of Funding and Fund Flow .....................................................................62 E. Disbursement of Compensation and Assistances ..............................................62 F. Resettlement Budget Estimates .........................................................................63
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