Ningxia Road Development Project

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Ningxia Road Development Project Resettlement Planning Document Supplementary Resettlement Plan Document Stage: Final Project Number: 33469-01 February 2009 Realigned Section of PRC: Ningxia Road Development Project Prepared by Ningxia Highway Construction Administration Bureau The Supplementary resettlement 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. BREVIATIONS 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 AV Administrative Village CNY PRC Currency, the Yuan HH Household CRO County Resettlement Office mu Chinese land area unit of measure: 1 mu = 0.0667 ha PAH Project Affected Household NHSDI Ningxia Highway Survey Design Institute NHCAB Ningxia Highway Construction Administration Bureau NCD Ningxia Communications Department PAP Project Affected Person PRO Project Resettlement Office RMB Renminbi—another word for the PRC Currency, the Yuan RP Resettlement Plan SES Socioeconomic Survey Twp. Township ¥ Abbreviation for Yuan, PRC’s currency Supplementary RP of Ningxia Expressway TABLE OF CONTENTS I OBJECTIVES OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGY II EXECUTIVE SUMMARY III THE RESETTLEMENT PLAN A. Status of the Resettlement Plan 4 B. Scope of Land Acquisition and Resettlement 4 C. Policy Framework and Entitlements 4 D. Resettlement Strategy 5 E. Institutional Arrangements 5 F. Vulnerable Groups 5 G. Consultation and Grievance Redress 5 H. Monitoring and Reporting 6 I. Resettlement Cost and Implementation Schedule 6 1. GENERAL 10 1.1. Project Background 10 1.2. Project description 10 1.3. Project Affected Area 10 1.4. Measures to Reduce the Project Impact 11 1.4.1. Minimize the Project Impact Area 11 1.4.2. Reducing the Impact of the Project Construction 11 1.4.3. Establish a feasible Resettlement Plan and implementation programs 12 1.5. Project Cost Estimate and Implementation Schedule 12 1.6. Preparation for Resettlement Planning 15 1.6.1. Impact inventory survey 15 1.6.2. Socioeconomic Survey 15 1.6.3. Resettlement Planning 16 1.7. Policy Basis and Objective of Resettlement Plan 16 1.7.1. Policy Basis 16 1.7.2. Planning Principles Adopted by the Project 16 2. THE SOCIOECONOMIC PROFILE OF THE AFFECTED AREA 18 2.1. Nature and Geography of Project Affected Areas 18 2.2. Socioeconomic Profiles of Project Affected Areas 18 2.2.1. Basic Profile of Affected County 19 2.2.2. Profile of affected townships 19 2.2.3. Profile of affected villages 20 2.2.4. Basic Profile of Affected Households 21 3. PROJECT IMPACT 25 3.1. Determination of Project Impact Scope 25 3.1.1. Permanent Land Acquisition 25 3.1.2. Temporary Land Occupation for Construction 25 3.2. Impact Inventory Survey 25 3.3. Affected Inventory (Project Impacts) 26 3.3.1. Land Acquisition 26 3.3.2. Demolished Houses 26 3.3.3. Affected population 27 3.3.4. Scattered trees to be removed 27 3.3.5. Affected Special Facilities 27 3.3.6. Affected Minority People 28 4. POLICY FRAMEWORK 29 4.1. Policy Basis 29 4.2. Relevant Provisions of the Laws and Regulations 29 4.2.1. Land Administration Law of the People's Republic of China" 29 4.2.2. The Regulations of Land Administration in Ningxia Hui Autonomous Region 31 4.2.3. ADB Policies 32 Page i Supplementary RP of Ningxia Expressway 4.3. Compensation Standards 33 4.3.1. Compensation Standards for Land Acquisition 33 4.3.2. Compensation Standard for Houses and Auxiliaries Demolition 34 4.3.3. Allowance for Relocation 35 4.3.4. Compensation for Loss of Scattered Trees 35 4.4. Compensation of Other Facilities 36 4.5. Entitlement Matrix 36 5. RESETTLEMENT & REHABILITATION 40 5.1. Target and Task 40 5.1.1. Resettlement Target 40 5.1.2. Resettlement Task 40 5.2. Resettlement Guideline and Principle 40 5.2.1. Resettlement Guideline 40 5.2.2. Resettlement Principle 41 5.3. Overall Scheme of Resettlement 41 5.4. Resettlement Carrying Capacity Analysis 42 5.4.1. Natural Condition and Land Resource 42 5.4.2. Basic Infrastructure Conditions for Production and Living 42 5.4.3. Economic Development Potential of the Affected Area 43 5.5. Resettlement and Rehabilitation Plan 43 5.5.1. Production Rehabilitation Plan 43 5.5.2. House Relocation Plan 44 5.6. Resettlers’ Administrative Management 45 5.7. Minority People Supporting Arrangement 45 5.8. Vulnerable Groups Supporting Arrangement 46 5.9. Rehabilitation Plan for Special Facilities 47 5.9.1. Irrigation canal restoration plan 48 5.9.2. Tractor road restoration plan 48 5.9.3. Electric power line restoration plan 48 5.9.4. Telecom line restoration plan 48 6. RESETTLEMENT COST ESTIMATE 49 6.1. Basis and Principles of Cost Estimate 49 6.1.1. Basis of Cost Estimate 49 6.1.2. Compensation Principles 49 6.2. Compensation Cost Estimate 49 6.2.1. Compensation for land acquisition 49 6.2.2. Compensation for Houses 50 6.2.3. Compensation for Cutting of Scattered Trees 50 6.2.4. Compensation for Special Facilities Reconstruction 50 6.2.5. Other Cost 50 6.2.6. Taxes 51 6.2.7. Total Resettlement Cost 51 7. INSTITUTIONAL ARRANGEMENTS & IMPLEMENTATION SCHEME 53 7.1. Institutional Arrangement 53 7.1.1. Establishment of Resettlement Organizations 53 7.1.2. Working Relations between Organizations 57 7.1.3. Measures for Enhancing Capacity of Organizations 57 7.2. Resettlement Implementation Scheme 58 7.2.1. Implementation Procedures 58 7.2.2. Progress Schedule 60 7.2.3. Resettlement Fund Allocation Scheme 61 8. PARTICIPATION, DISCLOSURE AND GRIEVANCE PROCEDURE 64 8.1. Public Participation 64 8.1.1. Participation in Resettlement Preparation 64 8.1.2. Participation in RP Preparation 64 8.1.3. Participation during Resettlement Implementation 65 8.2. Disclosure of Resettlement Policy and Resettlement Plan 66 Page ii Supplementary RP of Ningxia Expressway 8.2.1. Publicize the Impact Survey Results 66 8.2.2. Clarify the Compensation Policies 66 8.2.3. Prepare and Distribute Resettlement Information Booklet 66 8.2.4. Holding Meetings 67 8.3. Grievance and Appeal 67 9. MONITORING & EVALUATION 68 9.1. Internal Monitoring 68 9.1.1. Target and Task 68 9.1.2. Institution and Staff 68 9.1.3. Monitoring Contents 68 9.1.4. Monitoring Procedures 69 9.1.5. Reporting 69 9.2. External Resettlement Monitoring and Evaluation 69 9.2.1. Target and Tasks 69 9.2.2. Institution and Staff 70 9.2.3. Main Indicators to be Monitored and Evaluated 70 9.2.4. Monitoring and Evaluation Measures 70 9.2.5. Working Processes 72 9.3. Reporting 73 9.3.1. Internal Monitoring Progress Report 73 9.3.2. Independent M&E Report 74 Annex 1: Resettlement Information Booklet 76 Annex 2: Explanation for dry land compensation standard for the Realigned Section of the Tongyan (Tongxin-to-Yanchuanzi) Expressway 82 Annex 3: Jingyuan County Government Document about explanation on land acquisition compensation standard for realigned section (photocopy) 85 Translation of Annex 3 86 Page iii Supplementary RP of Ningxia Expressway I Executive Summary A. Status of the Resettlement Plan The Tongxin to Yanchuanzi Expressway with a total length of 182 km is part of the main trunk road towards the west part of the country, from Fuzhou City to Yinchuan City (Ningxia). Part of sections of Yin-Fu Road will also connect with other key national key trunk roads, including Qingdao to Hongqilapu, and Shanghai to Wuwei. The Resettlement Plan for the whole Tongxin to Yanchuanzi Expressway was finished in November 2002. According to the new planning of Ningxia Government, an important reservoir for the southern part of Ningxia will be located in the current alignment area of the Expressway section to be constructed. The road section with the total length of 12.72 km within Shizi-Yanchuanzi Section will be realigned. This supplementary resettlement plan is prepared for the proposed realigned section. The section starts from Maxipo Village, Jingyuan County (K191+843.66), and ends at Baijia Village, Jingyuan County (K202+571.972). The length of the realigned section is 10.73 km, which is 1.99 km shorter than the original length. B. Scope of Land Acquisition and Resettlement The Project will have land acquisition and resettlement impacts on 1 county, 2 townships, and 2 administrative villages. 730.82 mu of land will be permanently acquired by the Project, including 88.44% cultivated land (all is dry land). A total of 77 households will be affected. During construction period, 389.84 mu land areas will be occupied temporarily. A total of 1285.5 square meters of houses will be demolished, including 76.3% of brick wood structure, and 23.7% of brick earth wood structures. The demolition will cause relocation of 10 households, averaging 88.81 square meters per household. In total, 77 households will be affected by land acquisition and house demolition. C. Policy Framework and Entitlements For people unavoidably affected, the resettlement objective is to achieve equal or better income and living standards in line with the PRC Land Administration Law (1998), State Council Document No. 28, and the ADB’s Policy on Involuntary Resettlement. According to the policy and basic socioeconomic conditions of project county, land compensation standards have been established based on 14 times the average annual output value (AAOV). The compensation rate for the only affected type of farmland – dry land will be CNY 2500 per mu. Those people losing land temporarily during construction will receive a payment equivalent to production value foregone for the period of loss, which is expected to be 2 years.
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