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World Bank Document RP247 Public Disclosure Authorized Gansu Province Zhangye Xiaogushan Hydropower Project Public Disclosure Authorized Resettlement Action Plan Public Disclosure Authorized Public Disclosure Authorized Zhangye xiaogushan Hydropower Co. Ltd. East China Investigation and Design Institute Mar. 2004FIEC f~ RAP-Xiaogushan HPP List of Contents OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGYOBJECTIVES .... 1 .3 1 General Description 3 1.1 Project Background .. .. 4 1.2 Project Description .. 5 1.3 Project Impact Scope and Service Scope 1.3.1 Project impact scope .5 .5 1.3.2 Project service scope 5 1.4 Project Schedule .. 6 1.5 Measures to Mitigate Adverse Impact of Project .6 1.5.1 Reduce project impact scope .6 1.5.2 Reduce project impact on local surroundings 7 1.6 Project Design and Review .. .. 7 1.7 Resettlement Implementation Plan Affected Area ...................... 1 2 Natural, Social, and Economic Conditions at Project 4 3 Project Impact ....................................................... 4 3.1 Project Impact Scope ..................................................... ...........................................4 3.2 Category of Project Impacts and Survey Method 4 3.3 Project Im pact Inventory ...................................................... 8 3.4 Project im pact analysis ...................................................... 10 4 Frame of laws ........ .............................................. 10 4.1 Relative Laws and Regulations ..................................................... 10 4.2 Related Articles of Law ..................................................... of the People's Main relative specifications of "Land Administration Law 4.2.1 10 Republic of China"................................................. specifications of Implementation Regulations of Grassland 4.2.2 Relative 12 Administration Law of Gansu Province ................................................. Law of Sunan County 4.2.3 Relative specifications of Grassland Administration 12 4.12 ....................... 13 4.2.4 Relative specifications of Operational Manual--OP .............................................14 4.3 Resettlement Policies and Entitlement Matrix . .................................... 14 4.3.1 Compensation to land acquisition (occupation) 15 4.3.2 Compensation to house relocation ................................................... 15 4.3.3 Compensation to scattered trees ................................................... 16 4.3.4 Entitlement Matrix ................................................... 5 Resettlement and Compensation Policy (Plan) .19 . .19 Principles for Resettlement and Compensation 5.1 19 5.2 Resettlement and Compensation Policy .. .19 5.2.1 Land Compensation and Restoration of Production . .. 20 5.2.2 House relocation .................. ... 20 5.3 Estimated Compensation Cost .. of Compensation .. 21 5.4 Procedures of Land Requisition and Payment RAP-Xiaogushan HPP 6 Organizations and Institute ... ........................................... 23 6.1 Establishment of Organization .......................................... 23 6.2 Organization Composition and Responsibilities . ..........................................23 6.3 Working Relations between Organizations ................................. 24 6.4 Measures for Enhancing Capacity of Organizations . ....................................27 7 Public Participation and Grievance Procedure . ............................................28 7.1 Public Participation ............................................... 28 7.1.1 Public opinion survey .............................................. 28 7.1.2 Project information release by media .............................................. 31 7.1.3 Consultation workshop .............................................. 32 7.2 Public disclosure ............................................... 33 7.3 Grievance and Appeal ............................................... 33 8 Monitoring and Evaluation . .......................................... 35 8.1 Internal Monitoring ............................................... 35 8.1.1 Purpose and tasks .............................................. 35 8.1.2 Institutional organizations and staffing .............................................. 35 8.1.3 Internal monitoring items .............................................. 35 8.1.4 Internal monitoring procedures .............................................. 36 8.2 Independent external monitoring and evaluation . .........................................36 8.2.1 Purpose and tasks .............................................. 36 8.2.2 Monitoring and evaluation indicators .............................................. 36 8.2.3 Monitoring and evaluation method .............................................. 37 8.2.4 Work procedures .............................................. 39 9 Preparation of Reports . .40 9.1 Resettlement Action Plan .. 40 9.2 Resettlement progress report (Internal Monitoring Report) . .40 9.3 Independent Monitoring and Evaluation Report . .40 Attached Table .... 42 ii RAP-Xiaogushan HPP OBJECTIVES OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGY This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC and relevant local governments, as well as the resettlement policy set in OP4.12/BP4.12 - "Involuntary Resettlement" of the World Bank. The purpose of this document is to set out an action plan for the Resettlement and Rehabilitation of the Displaced Persons (DPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood and production of persons who live, work or earn their living on the land that will be acquired for the project. "DPs" are defined as those persons whose livelihoods or production will be adversely affected by land acquisition and house relocation for the project, and include the following categories: a) persons whose land (including house plot, land for public facilities, agriculture, forest, husbandry, fishery and sideline production and grazing), structures (private houses and their attachments, enterprises, or public buildings), title, right, interest, or any other asset, are acquired or occupied, in full or in part, permanently or temporarily; b) persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat are adversely affected; or c) persons whose standard of living is adversely affected as a consequence of land acquisition and/or resettlement activities. Therefore all such persons who are affected will need to considered and recorded as DPs, regardless of their legal connection to assets land or location. All DPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All DPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those DPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permission to the assets. A definition of Resettlement and Rehabilitation is given below: The Resettlement and Rehabilitation means arrangement of production and livelihood for the DPs to restore their productive capability and improve their standard of living at least equal to that before the project, and mainly include: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are lost or severely affected; c) restoration (or compensation) of affected productive resources such as land, _..~~~~~~~~~~~~~~~~~~ RAP-Xiaogushan HPP workplaces, trees and infrastructure; d) restoration of adverse effects (such as pollution of harmful gases and so on) on DPs' living standards (quality of life) by land acquisition and house relocation; e) restoration of or compensation for affected private and public enterprises; f) restoration of adversely affected on cultural or common property. A definition of is given below: The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the DPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels in a sustainable manner. For this purpose, the RAP hereof provides the rehabilitation measures to restore the DPs' income and the living to their pre-project levels, and improve or at least restore affected productive resources of businesses, enterprises (including shops) and public facilities to their pre-project levels. 2 RAP-Xiaogushan HPP 1 General Description 1.1 Project Background Zhangye City of Gansu Province is about 600km from Lanzhou City, the capital city of the province, and has six counties/district (five counties and one district) under its jurisdiction. According to the Almanac of Gansu Province of 2001, Zhangye City had a population of 1.257600 people (including rural population of 983200 people) by the end of the year 2000. Of the rural
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