GSDS Certificate Grade A No.180105-sj GSDK Certificate Grade A No.180105-kj GZ Certificate Grade A No. 1032523001 S B Z Certificate Grade A No. 0 2 7

Hunan Province Cili County

Urban Flood Control Project Utilizing ADB Loans

Resettlement Plan

Hunan Provincial PMO of Urban Flood Control Project in Hilly Region Utilizing ADB Loans Hydro and Power Design Institute of Hunan Province & Ministry of Water Resources March, 2007

Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Approved by : Xiao Wenhui Wu Shengping

Ratified by: Zhang Kejian Liu Chongshun

Examined by: Xie Dahu Zhang Tao

Checked by: Yu Bo

Compiled by: Liu Yiwei

Main Designers: Zhang Tao Pei Xijun Zhao Gengqiang

Tan Lu Liu Yiwei Yu Bo

Huang Bichen He Jiqiang

Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Contents

CONTENTS ...... I OBJECTIVES OF RESETTLEMENT PLAN & DEFINITION OF RESETTLEMENT VOCABULARY ...... 1 SUMMARY OF RESETTLEMENT PLAN FOR CILI URBAN FLOOD CONTROL SUBPROJECT ... 3 A. STATUS OF RESETTLEMENT PLAN ...... 3 B. Scope of Land Acquisition and Resettlement ...... 3 C. Policy Framework and Entitlements ...... 4 E. INSTITUTIONAL ARRANGEMENTS ...... 6 F. VULNERABLE GROUP ...... 6 G. Consultation and Grievance Redress ...... 7 H. MONITORING AND REPORTING ...... 7 I. FINANCE AND IMPLEMENTATION SCHEDULE ...... 8

1. GENERAL DESCRIPTION OF PROJECT ...... 9 1.1 PROJECT BACKGROUND ...... 9 1.2 GENERAL SITUATION OF PROJECT...... 11 1.2.1 Areal Geography Location ...... 11 1.2.2 Contents and Scale of Project Construction ...... 11 1.3 AFFECTED SCOPE OF PROJECT ...... 12 1.4 COMPILATION OF RESETTLEMENT PLAN ...... 13 1.4.1 Basis and Objective for Report Compilation ...... 13 1.4.2 Method of Report Compilation ...... 14

2. PROJECT IMPACTS ...... 16 2.1 MEASURES FOR AVOIDING OR REDUCING TO THE MINIMUM THE LAND ACQUISITION AND RELOCATION IMPACTS ...... 16 2.1.1 Measures for Reducing the Land Acquisition Impacts in Project Design Phase ...... 16 2.1.2 Measures for Reducing the Impact due to Land Acquisition in Project Construction ...... 19 2.2 INVESTIGATION ON PROJECT IMPACTS ...... 20 2.2.1 Investigation Contents ...... 20 2.2.2 Investigation Method ...... 20 2.3 INVESTIGATION RESULTS ON PROJECT IMPACTS ...... 21 2.3.1 Land Affected by Project ...... 23 2.3.2 Affected Population Due to Project ...... 27 2.3.3 Houses and Auxiliary Facilities to be Demolished ...... 28 2.3.4 Scattered Trees ...... 33 2.3.5 Affected Individuals Engaged in Small-scale Business ...... 33 2.3.6 Affected Enterprises and Institutions ...... 33 2.3.7 Affected Special Facilities by the Project ...... 33

i Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2.3.8 Affected Minorities Due to Project ...... 34 2.3.9 Affected Vulnerable Groups Due to Project ...... 36 2.4 IMPACT ANALYSIS OF PROJECT ...... 37 2.4.1 Project Impact Characteristics ...... 37 2.4.2 Impact Analysis Evaluation ...... 38

3. NATURAL AND SOCIO-ECONOMIC CONDITIONS OF THE PROJECT-AFFECTED AREAS ... 40 3.1 NATURAL CONDITIONS OF THE PROJECT-AFFECTED AREAS ...... 40 3.2 SOCIO-ECONOMIC CONDITIONS IN THE AFFECTED AREAS OF PROJECT ...... 41 3.3 SOCIO-ECONOMIC CONDITIONS OF TOWNSHIPS (SUB-DISTRICTS) AND VILLAGES IN THE AFFECTED AREAS OF THE PROJECT ...... 43 3.4 BASIC CONDITIONS OF RELOCATEES ...... 46 3.4.1 Investigation Objectives ...... 46 3.4.2 Investigation Content ...... 46 3.4.3 Investigation Method and Procedure ...... 47 3.4.4 Investigation Results and Analysis ...... 47 3.5 SOCIAL AND ECONOMIC EFFECTS FOR RESETTLEMENT TO THE AFFECTED POPULATION ...... 50

4. LEGAL FRAMEWORK AND POLICY ...... 52 4.1MAIN CHINESE LAWS & REGULATIONS AND POLICIES FOR RESETTLEMENT ...... 52 4.1.1 Policy Bases ...... 52 4.1.2 Relevant Laws and Regulations ...... 53 4.2 RELEVANT ARTICLES OF THE ADB ...... 65 4.2.1 Policy Bases ...... 65 4.2.2 Relevant Policies and Regulations ...... 66 4.3 COMPENSATION STANDARDS FOR PROJECT ...... 66 4.3.1 Compensation Qualification ...... 66 4.3.2 Principles of Compensation Rehabilitation ...... 67 4.3.3 Compensation Reference and Standard for Land Acquisition ...... 69 (1) Compensation Standards for Cultivated Land Acquisition ...... 69 (2) Compensation Standards for Flood Land Acquisition ...... 70 (3) Compensation Standards for Garden land Acquisition ...... 70 (4) Compensation Standards for Waste Land ...... 70 (5) Compensation Standards of Housing plot ...... 71 4.3.4 The Relocation Compensation Reference and Standards for Residential House and Auxiliaries ...... 73 4.3.5 Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business ...... 76 4.3.6 Compensation Reference and Standard of Affected Enterprises and Institution ...... 77 4.3.7 Compensation Reference and Standard of Special Facilities Affected by the Project ...... 78 4.4 TABLE OF ENTITLEMENT MATRIX ...... 85

ii Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5. RESETTLEMENT AND REHABILITATION MEASURES ...... 91 5.1 RESETTLEMENT AND REHABILITATION STRATEGIES...... 91 5.1.1 Resettlement Objectives ...... 91 MAKE PROPER COMPENSATION AND APPROPRIATE RESETTLEMENT IN ORDER TO INSURE THE PRODUCTIVITY, INCOME LEVEL AND LIVING CONDITIONS OF THE AFFECTED PEOPLE COULD BE RESTORED OR IMPROVED...... 91 5.1.2 Resettlement Task ...... 91 ACCORDING TO THE INVESTIGATION, 67 HOUSEHOLDS WITH 235 PEOPLE ARE AFFECTED BY THE PROJECT LAND ACQUISITION, OF

WHICH 74 AGRICULTURE POPULATIONS NEED ECONOMIC REHABILITATION AND 107 PERSONS IN 33 HOUSEHOLDS NEED NEW

HOUSES. ACCORDING TO THE TIME SCHEDULE OF THE PROJECT CONSTRUCTION, THE RELOCATION AND REHABILITATON

IMPLEMENTATION WILL BE COMMENCED IN THE END OF 2007, WHICH IS CLOSE TO THE INVESTIGATION BASIC YEAR, SO THE

RESETTLEMENT PLAN IS PREPARED BASED ON THE POPULATION TO BE RELOCATED AS ACTUALLY INVESTIGATED; THERE IS NO NEED TO TAKE THE NATURAL INCREASE OF POPULATION INTO ACCOUNT...... 91 5.2 GENERAL SCHEME OF REHABILITATION ...... 91 5.3 REHABILITATION PLAN FOR LIVELIHOOD REHABILITATION ...... 92 5.3.1 Choice of Rehabilitation Method ...... 92 5.3.2 Principle and Procedure for Selecting Resettlement Sites ...... 92 5.3.3 Planning of Demolition and Housing ...... 92 5.3.4 Infrastructure and Public Facilities ...... 94 5.3.5 Assistance in Resettlement ...... 94 5.3.6 Relocation Rehabilitation Plan for Resettlers’ Villages ...... 94 5.4 ECONOMIC REHABILITATION PLANNING FOR RESETTLERS ...... 96 5.4.1 Economic Rehabilitation Tasks for Resettlers ...... 96 5.4.2 Economic Rehabilitation Objective for Resettlers ...... 97 5.4.3 Economic Rehabilitation Strategy...... 97 5.4.4 Environmental Capacity Analysis ...... 99 5.4.5 Economic Rehabilitation Planning ...... 100 5.4.6 Resettlement Villages Planning ...... 103 5.4.7 Investment of Economic Rehabilitation ...... 111 5.4.8 Forecast of Economic Income Level ...... 112 5.4.9 Rehabilitation Measures for Resettlers’ Economic Income ...... 113 5.6 REHABILITATION PLAN FOR AFFECTED ENTERPRISES AND INSTITUTIONS ...... 114 5.7 MINORITIES RESETTLEMENT ...... 114 5.8 VULNERABLE GROUPS RESETTLEMENT AND REHABILITATION ...... 116 5.9 PLANNING OF RELOCATION AND RECONSTRUCTION SPECIAL FACILITIES ...... 117 5.9.1 Transport Facilities ...... 117 5.9.2 Transformer Facilities ...... 117 5.9.3 Postlines ...... 117

6. INSTITUTION AND RESPONSIBILITIES ...... 118

iii Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

6.1 RESETTLEMENT ENGAGING IN THE RESETTLEMENT PLANNING ...... 118 6.2 INSTITUTIONS AND RESPONSIBILITIES OF RESETTLEMENT IMPLEMENTATION MANAGEMENT...... 118 6.2.1 Institutions ...... 118 6.2.2 Responsibilities ...... 118 6.3 SUPERVISION INSTITUTIONS ...... 122 6.4 RESETTLEMENT MANAGEMENT SYSTEM ...... 123 6.5 PERSONNEL AND FACILITIES OF RESETTLEMENT INSTITUTION ...... 123 6.5.1 Personnel Arrangement ...... 123 6.5.2 Facilities ...... 124 6.6 TRAINING PLAN ...... 125 6.6.1Resettlement Administrator Training Plan ...... 125 6.6.2 Production Skills Training for Resettlers ...... 125 6.6.3 Investment on Resettlement Training and Planning...... 126 6.7 MEASURES FOR INSTITUTION CONSUMMATING ...... 126

7. PUBLIC PARTICIPATION AND HARMONIZATION WITH RESIDENTS IN RESETTLEMENT AREA ...... 128 7.1 PUBLIC PARTICIPATION STRATEGIES ...... 128 7.2 APPROACHES AND MEASURES OF PUBLIC PARTICIPATION ...... 128 7.2.1 Participation Approaches ...... 128 7.2.2 Participation and Consultation Measures ...... 128 7.3 PUBLIC PARTICIPATION IN THE PROCESS OF RESETTLEMENT PLANNING ...... 129 7.4 PUBLIC PARTICIPATION AND PLAN IN IMPLEMENTATION OF RESETTLEMENT PLAN ...... 132 7.4.1 Participation in the Houses Rebuilding and Resettlement ...... 132 7.4.2 Participation in Production Resettlement ...... 132 7.4.3 Participation in the Usage and Management of Land Compensation Fee ...... 132 7.4.4 Participation in Project Construction ...... 132 7.5 WOMEN PARTICIPATION ...... 133 7.6 HARMONIZATION WITH THE RESIDENTS IN RESETTLEMENT AREA ...... 133

8. APPEAL PROCEDURE ...... 135 8.1 POSSIBLE COMPLAINT AND PROBLEMS SOLVING METHODS ...... 135 8.2 APPEAL CHANNEL AND PROCEDURE ...... 136

9. ENVIRONMENT PROTECTION AND MANAGEMENT ...... 138 9.1 THE NECESSITY OF ENVIRONMENT PROTECTION ...... 138 9.2 LIQUIDATION OF RELOCATION ...... 138 9.3 THE ENVIRONMENT MANAGEMENT OF THE RESETTLEMENT AREA ...... 138

10. MONITORING AND EVALUATION ...... 140 10.1 INTERNAL MONITORING ...... 140

iv Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

10.1.1 Internal Monitoring Agency Organization ...... 140 10.1.2 The Objective of Internal Monitoring ...... 140 10.1.3 The Content of Internal Monitoring ...... 140 10.1.4 The Responsibilities of Internal Monitoring ...... 140 10.2 EXTERNAL MONITORING ...... 141 10.2.1 Independent Monitoring & Evaluation Agency ...... 141 10.2.2 The Objective of Independent Monitoring & Evaluation ...... 143 10.2.3 The Contents of Independent Monitoring & Evaluation ...... 143 10.2.4 The Methods of Independent Monitoring& Evaluation ...... 144 10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation ...... 145 10.2.5 The Procedure of Independent Monitoring & Evaluation ...... 146 10.3 THE EVALUATION OF RESETTLEMENT ...... 147

11. RESETTLEMENT BUDGET ...... 148 11.1 COMPILATION REFERENCE AND PRINCIPLE ...... 148 11.1.1 Main References ...... 148 11.1.2 Compilation Principle ...... 148 11.2 RESETTLEMENT COMPENSATION FEE ...... 149 11.2.1 Land Compensation ...... 149 11.2.2 Compensation for Houses and Auxiliary Facilities ...... 149 11.2.3 Compensation for Infrastructural Facilities ...... 149 11.2.4 Relocation Transportation Fee ...... 150 11.2.5 Compensation for Enterprises and Institutions ...... 150 11.2.6 Compensation for Individuals Engaged in Small-scale Business ...... 150 11.2.7 Subsidies for Vulnerable Group ...... 150 11.2.8 Resettlement Compensation Investment ...... 150 11.3 COMPENSATION FOR SPECIAL FACILITIES ...... 153 11.4 OTHER COSTS ...... 153 11.5 BASIC CONTINGENCY FEE ...... 154 11.6 RELEVANT TAX ...... 154 11.7 TOTAL BUDGET ...... 155 11.8 BALANCE BETWEEN RESETTLEMENT BUDGET AND PRODUCTION INVESTMENT ...... 157 11. 9 ANNUAL FUND USE PLAN ...... 157 11.10 FUND FLOW ...... 158 11.11 FUND APPROPRIATION ...... 160 11.11.1 Appropriation Principle ...... 160 11.11.2 The Organ in Charge of Resettlement Finance ...... 160

12. RESETTLEMENT PROGRESS ARRANGEMENT ...... 162 12.1 PRINCIPLES OF RESETTLEMENT PROGRESS ARRANGEMENT ...... 162

v Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

12.2 PROGRESS PLAN ...... 162 12.2.1 Resettlement Implementation Progress Plan ...... 162 12.2.2 Resettlement Implementation Schedules ...... 163

APPENDIX 1: RESETTLEMENT INFORMATION MANUAL ...... 167

Attached Table 1 Resettlement Implementation Progress of Cili County Urban Flood-control Project

Attached Figure 1 Schematic Drawing of Geographic Position of Cili County Urban Flood-control Project

Attached Drawing 2: Land Acquisition Scope Schematic Diagram of Cili County Urban Flood Control Project

Attached Drawing 3:Typical House Structure for Rural Resident of Cili County Urban Flood Control Project

vi Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Objectives of Resettlement Plan & Definition of Resettlement Vocabulary

This resettlement plan (RP) is developed according to the policies and stipulations of Asian Development Bank as well as the relevant laws and regulations of Hunan Province and People’s Republic of . This document is aimed to provide an action plan for the resettlement and rehabilitation of people (affected persons) affected due to the project, to ensure that they will be benefited from this project, and their living standard will be improved or at least restored after project completion. The resettlement plan is a legal restraint document between the executive agency (Project Management Office) - Key Project Management Office under Hunan Province Water Resources Department, and ADB, as well as local project implementation agencies. With this, the Key Project Management Office under Hunan Province Water Resources Department shall be fully responsible to ensure sufficient funds available for the implementation of resettlement plan, and smooth implementation by relevant county governments. The Resettlement Plan compiled by Hunan Province Hydro and Power Design Institute will be formally approved by the Hunan Province Water Resources Department representing the Hunan Province People’ s Government. In the development project, the land acquisition and resettlement will bring about the unfavorable influence in the life of people who scrape a living or working on these lands. “Project-affected people” refers to those persons whose production or life is unfavorably affected due to the land acquisition and relocation in project, including: 1) Persons whose lands (including housing plots, lands for public facilities, farmlands, forest land, land for animal husbandry, fisheries and sideline activities), structures (private houses and attachments, enterprise structures, or public buildings, etc.), rights and interests or other properties are partly or wholly, temporarily or permanently requisitioned; 2) Persons using the above-mentioned lands, structures or properties; or the people whose businesses, work, residential area or living custom is unfavorably affected. 3) Persons whose living standard is unfavorably affected due to the land acquisition and relocation. Definition of “Project-affected Persons”: The said “Project-affected Persons” refers to group which is affected, for the implementation of project, in the following fields: a)The living standard is affected or would-be-affected unfavorably; or b)The ownership of any house, rights or interest, land (include housing plot, cultivated land and pasture) or other movable estates or real estates are temporarily or almost permanently taken over or occupied; or c)The people whose business operation, occupation, work or living or accustom is unfavorably affected. “Project-affected Persons” can be individuals, or legal representatives such as enterprises or public institutions.

1 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

The definition of “Project-affected Persons” shall not bring any limitation on the legal registration, permission to live or ongoing business in the affected area, or bring any limitation to the compensation on its properties. Therefore, it includes: 1) All the affected persons who shall not be subject to their legal rights or their presence in acquiring their properties. 2) Persons who live in the given areas, but have no habitation permission. Therefore, all these affected persons, taking no account of their properties, lands or location, shall be considered and recorded as the affected persons. All the affected persons due to the project shall be compensated to improve or at least recover their living standard. In addition, their lost assets shall be compensated according to the replacement cost, no discounting or reduction on the compensation sum is allowed under the cover of depreciation or other excuses. All the affected persons shall have their rights and interests for the impact they undergo. Moreover, for rehabilitation, assistance shall be offered in addition to the compensation for property loss. Among the project-affected persons, those who run business, develop new farmland or build in project area without formal legal titles, asset ownership, or legal permission to live, shall be treated same as the persons who have the formal legal assets, rights and interests, or permissions, to be helped to restore their livelihood and get compensated for the lost properties. Definition of “Resettlement” mainly comprises: 1) Relocate the living arena; 2) Find a new job for the person whose job is affected; 3) Restore or rehabilitate (or compensate) the affected lands, workplaces, woods, and infrastructures, etc.; 4) Restore the living standard (quantity of life) for the persons who are unfavorably affected due to the land acquisition, indirect resettlement, or other projects; 5) Restore or compensate for the affected persons or government enterprise; 6) Restore the damages caused by unfavorably impact on culture or common properties. Definition of “Rehabilitation”: “Rehabilitation” means restoring the ability of carrying on the production activities for the project-affected persons, or elevates their living standards or at least keep their living standards at the levels before project launching. This “Resettlement Action Plan” is aimed to provide a resettlement and rehabilitation plan for the project-affected persons so that their losses will be compensated; their living standards will be improved or at least restored to their present conditions. The affected business and manufacturing resources, enterprises (include shops), and public facilities and infrastructures shall also be improved or at least recover to the level before launching project.

2 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Summary of Resettlement Plan for Cili Urban flood control Subproject

A. Status of Resettlement Plan 1. The proposed Hunan Province Cili County Urban Flood Control Project will finance the following items: 1) newly-built flood control earth embankment of 14.279km, (including 572m of the expressway); 2) heightening and consolidation of the flood control earth embankment of 4.0km; 3) 5 newly-built sluices; 4) 3 newly-built waterlogging drainage stations with an installed capacity of 1224kW; 5) 2 newly-built flood diverging canals with a total length of 0.54km; 6) renovation of 2 flood draining ditches, with a length of 1.15km, and renovation of 4 ditches, with a length of 4.75km. The resettlement plan includes all the above parts, and all the project impacts and resettlement measures are based on the preliminary design and a detailed survey of all the indices. The resettlement modes and compensation standards have been reviewed and endorsed by Cili County People’s Government. The next stage technical design will be based on the preliminary design, so the basic scheme and project impact scope will not have any major changes. If there are changes during technical design or implementation, an updated RP will be prepared and submitted to ADB for concurrence.

2. The project executing agency for the Hunan Flood Control Project is the Key Project Office of Hunan Province Water Resources Department (HPWR). For the proposed Cili Urban Control Subproject, the Local Project Management Office (LPMO) in Cili Water Resources Bureau is the project implementation agency. This resettlement plan has been prepared by LPMO under the guidance of PPMO and assistance of Hunan Hydro and Power Design Institute (HHPDI) and ADB consultants.

B. Scope of Land Acquisition and Resettlement 3. The proposed Cili Urban flood control Subproject will affect 8 villages (residential committees), 26 villager’s groups, and 1 enterprise and institution in Lingyang town of Cili County. According to the detailed impact survey, about 9.96 ha of land will be acquired, 33.36 percent of which is cultivated land, including 23.65 percent of dry land,and 9.71 percent of vegetable land. The remaining 66.64 percent is the flood plain, garden plot, waste land, and urban construction land. During construction, the land to be temporarily occupied is 18.88 hectare. Based on per capita cultivated land in affected villages, the land acquisition will directly affect 196 households and 472 persons, including 85 households of 194 persons impacted by temporary land occupation, and only 74 persons in the affected area need economic rehabilitation. On average, each affected person would lose 0.0119 hectare, which represents a 28.44

3 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

percent loss of their current cultivated land. 4. Along with land acquisition, a total of 8623.16 square meters of buildings would be demolished, the demolition would relocate 33 households and 107 persons. Among total demolished huses, there are 6741.26 square meters of brick-concrete structure, accounting for 78.18 percent, and 1629.9 square meters of brick-wood structure, accounting for 18.9 percent. For affected rural households, they will be moved a short distance to another site within their original villages. 5. Other affected assets include traffic, telecommunications and electrical infrastructure, walls, sunning ground, pond, and tombs. All lands, housing and other assets will be compensated at replacement value.

C. Policy Framework and Entitlements 6. 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) and the ADB’s Policy on Involuntary Resettlement. The Key Project Management Office under HPWR and Cili PMO will ensure that any people losing land, housing, other assets or income source will be assisted to fully restore their income and living standards. The Hunan Provincial Government in 2000 issued a Methods of Hunan Province for Implementing the Land Administration Law of PRC, which stipulates the regulations for land compensation, resettlement subsidies, young crop compensation, house compensation and other measures to carry out resettlement. According to the policy, the total compensation (land compensation, resettlement subsidy and young crop) will be set at Y22,509 per mu for irrigated farmland; Y15,498 per mu for dry farmland, Y38,948 per mu for commercial vegetable plot, Y9299 per mu for flood plain, Y20,070 per mu for garden plot, Y2,745 per mu for waste land, Y19,395 per mu for housing plot, and Y46,690 per mu for land for the enterprise. 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. The land used temporarily will be restored by the contractor to the original condition, or else additional funds will be provided to the owner to restore the land. For structures to be demolished, replacement value will be provided to the affected households based on compensation rates adopted in the affected districts, which is Y309 per square meter for rural brick-concrete structure, and Y239 per square meter for rural brick-wood structure. For affected households, they will be provided with funds for purchase of new housing sites connected with road, electricity and water within the current village group or administrative village. There will be no reduction in house compensation for depreciation, and people will be allowed to salvage materials from their old houses.

4 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

D. Resettlement Strategy 7. Efforts to minimize resettlement effects have been made after consultations with local officials during the setting of the alignment in the initial feasibility study. The adjustment of the preliminary design and research has resulted in saving of 27.9% investment, and the number of relocated households was kept to only 33. For those unavoidably affected, the resettlement strategy is to replace losses of housing, land, other assets, infrastructure and income. 8. 1) Among all affected persons, 111 households and 278 persons will be affected by permanent land acquisition, averaging only 0.012 ha per person. About one third of acquired land are farmland and most of them are low yield farmland and affected by frequent floods. According to willingness of villagers, monetary compensation is adopted for the resettlement. The village groups shall allocate the compensation fee to the affected villagers according to their land loss, which could be used to improve farming productions, such as changing cropping pattern and developing green house vegetables) or used for the non-land based activities, such as developing fish breeding and poultry raising). 2) Among the affected population, 40 households (135 persons) from 4 villagers (residential committees) are affected by the demolition, with the demolished houses being 8,623 square meters. Among them, 7 households (28 persons) had alternative houses; and 33 households (107 persons) need to be resettled. It is agreed that new houses of these relocatees will be built within their existing villages, and full compensations for the demolished houses should be paid directly to the APs. The relevant villager groups have agreed to arrange their new housing plots to them so they could construct new houses by themselves. The land utilization standard of housing plot for relocatees is 120 square meters per household. 3) In addition to affected houses, there are 1 enterprise to be affected by the land acquisition and demolition. Since the enterprise had already completed relocation, only cash compensation for lost structures will be provided. 9. The Key Project Management Office under HPWR and Cili PMO will ensure that the resettlement entitlements are provided to the people affected prior to the ground leveling and demolition commencement. Land compensation and resettlement subsidy will be paid to the affected village collectives or individuals. Housing compensation and compensation for young crops and other assets will be provided directly to people losing those assets. Compensation for infrastructure such as electrical and communication fixtures will be paid to the concerned government departments for restoration. 10. The resettlement regulations have standard provisions for moving allowances to assist the affected people during the transition phase. Also, the contractors for the project will be requested by the Key Project Management Office under HPWR and Cili PMO to give priority to resettlement affected households in the allocation of unskilled jobs during construction. This will be handled through

5 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

consultation with the township and village leaders.

E. Institutional Arrangements 11. Hunan Provincial Project Management Office (PPMO) will assume the overall responsibility for implementing resettlement for Hunan Provincial Flood Management Sector Project. Hunan Provincial Resettlement Management Office of PPMO will provide the guidance to the overall project implementation, take charge of coordination of working relationships among relevant project counties and districsts and ensure successful implementation of both civil works and resettlement for all subprojects. For proposed Cili Subproject, Cili County People’s Government will set up Cili County project leading group in order to reinforce the management of the project implementation, coordinate working relationships among relevant townships and towns, and ensure successful implementation of the resettlement program. Under the county project leading group, Cili County Project Management Office is set up to be responsible for project implementation. Within LPMO, a resettlement management office is set up to carry out functions of resettlement planning and implementation for the subproject. With assistance of concerned townships and villages, the resettlement management office is responsible for consulting with APs, delivering the entitlements, supervising resettlement implementation and conducting resettlement monitoring and evaluation.

F. Vulnerable Group

12. Based on the investigation, the minority population affected by the project is 79 persons, accounting for 58.52% of the total persons to be relocated. Many of them are Tujia nationality, inhabiting in the same places for generations. They speak Chinese and intermarry with Han Nationality, which results in assimilation with Han Nationality in many aspects of living and social customs. 13. Of the total affected people, there are 14 vulnerable persons, mainly the widowed and old people, accounting for about 10.37 percent. Under the Resettlement Plan, vulnerable groups will receive the following additional assistance: (i) physical help in housing construction and relocation free of charge and (ii) a special subsidy will be paid to enable them to maintain their living standards while constructing their houses. The specific amount for such assistance will be determined according to the actual condition and their needs. For this purpose, The Key Project Management Office under HPWR and Cili PMO agreed to set aside a special fund with 1 percent of total resettlement cost, which will be used to provide direct and needed help for those vulnerable people.

6 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

G. Consultation and Grievance Redress 14. The Land Administration Law of 1998 requires disclosure and consultation with people affected. The people affected have been notified about the key elements of the RP during meetings and interviews. Prior to implementation, there will be further consultations arranged by township and village officials to discuss specific impacts in each village and how they will be addressed. The people losing housing will be offered a choice of housing sites; and those losing agricultural land will have the opportunity to consider suitable income replacement alternatives. All villagers will also have input to decisions on how to utilize the collective compensation funds. 15. In June 2007, several months prior to resettlement implementation, a resettlement information booklet was distributed to all affected townships, villages and households by the resettlement office of Cili County. The information booklet contains the resettlement scope, expected timeframe, compensation rates for land and other assets, other assistance to replace assets, relocation and economic rehabilitation strategies, and the grievance redress mechanisms. The county, township and village officials will ensure that any concerns raised by the people affected are quickly addressed. 16. In case of grievance, people affected will submit their oral or written complaint first to the village committee or the township resettlement office. If their complaint is not settled in ten days, they can seek redress at the county resettlement office, within one month. If still unresolved within two weeks, the PRO of HPWR will try to achieve a solution. The final redress would be sought, if necessary, in the civil courts, in accordance with the Civil Procedures Act.

H. Monitoring and Reporting 17. The detailed plan for internal and external monitoring and evaluation is included in the RP. The LPMO of Cili Water Resources Bureau will engage a qualified monitoring agency to carry out independent resettlement monitoring and evaluation. The independent monitoring agency will ascertain the extent to which the affected people have (i) received their full entitlements on time and (ii) fully restored their livelihoods, income levels and living standards. It will also conduct a baseline survey prior to resettlement, semi-annual investigations during resettlement and annual survey updates for two years after the completion of resettlement. The household survey will include a representative number of those severely affected by loss of land, those losing housing, and those classified as minority and economically vulnerable. 18. Under the leadership of the Key Project Management Office under HPWR, Cili Subproject PMO will set up a quarterly reporting system and will report to PPMO on the progress of land acquisition and resettlement through resettlement progress reports. The Key Project Management Office under HPWR will provide ADB progress reports on the progress of land acquisition and resettlement. The selected

7 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

external monitoring and evaluation agency will provide the independent monitoring and evaluation reports to LPMO, which will also be submitted to ADB through PPMO. The external monitoring and evaluation reports will be prepared twice a year during resettlement implementation and once a year after resettlement completion. After completion of land acquisition and resettlement, the PRO of LPMO will prepare a resettlement completion report, which will be submitted to ADB through PPMO.

I. Finance and Implementation Schedule 19. The RP budget estimate is RMB 9.7696 million yuan, for all costs including compensation, resettlement subsidy, payments for other assets such as housing, moving allowances, subsidy for vulnerable groups, fees for resettlement administration, and monitoring and evaluation. The LPMO under CCWR will guarantee to supplement the resettlement budget, as may prove necessary, to meet any shortfall which emerges in achieving the resettlement objectives. 20. The resettlement schedule has been prepared according to the project construction schedule approved by the EA. It is planned to start the land acquisition in September 2007. The house demolition will be carried out during September 2007 to December 2008. In the progress schedule, it is planned to develop and readjust the cultivated land in the end of 2007 as well as resume the livelihood and living conditions at the beginning of 2008 completely.

8 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

1. General Description of Project

1.1 Project Background Hunan Province is located on the south bank of middle reaches of Changjiang River, bordering Jiangxi Province on the east, neighboring the Wuling Mountains on the south, connecting Guangdong Province and Guangxi Province, and close to the Guizhou Province and Chongqing City with the unbroken mountains in Guizhou and Chongqing areas. Changjiang River separates Hunan Province and Hubei Province on the north, and nearly 70% cities of Hunan Province are located in mountainous areas or hilly areas. These cities lie in the areas with relatively high ground elevation, and the landform varies greatly. These areas are subject to the flash flood though they are affected little by the Dongting Lake and the propping of tail water level of the four rivers. Because the river level in mountainous areas rises sharply and abruptly with great flow velocity, the cities along the river are always destructively damaged. In November of 1999, Hunan Province Hydro and Power Design Institute worked out the report on urban flood-control planning in Hunan Province according to Flood-control Planning Outline for Changjiang River Drainage Area and Compilation Outline for Urban Flood-control Planning (Ministry of Water Resources [1998] No.215 Document). This report covers 91 cities, plans for the 18.3 million urban populations, and 2253km2 urban areas. The embankment-construction-oriented project plan is determined in the report, and the existing embankments to be heightened and reinforced are 1037.16km in total, and the would-be-built embankments total 600.53km. Only the cities of above-county-level and once seriously damaged by the flood in the mountainous areas in Hunan Province will be covered by this urban flood-control project in this time. They shall be the economy developed area, such as , , and , which are all the very important industrial cities, boasting the various industries of machinery, electricity, metallurgy, chemicals, building materials, paper making, mining, medicament, and foodstuff. And, of the local areas these cities shall be the financial, communications, and business centers as well as the science and education centers, where the municipal or county government is located, and moreover the distributing center of agricultural produce, industrial product, and commodities. Their economic status is very important. These cities are the main centers of the economic development of those areas with dense population, and are clustered with properties. If these cities are submerged or suffered great losses, the economic development of local areas will be seriously affected. In addition, the manpower and material resources are abundant in these cities; it is the main rear base for flood-control and providing disaster relief. The

9 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

submergence of these cities will bring the disaster relief and rehabilitation into a passive situation. In years, the government at every level in Hunan Province and the local masses took great pains and sacrificed a lot for fighting the floods in these cities, and enormous achievements were achieved. According to statistics, in the 36 urban areas undertaking the project, total 286.628 km long flood-control embankments, and 141 drainage sluices, and 124 drainage pump stations of 15648kw have been built. Because the flood-control works is improving slowly, the present urban flood-control standards of these cities are low, which are only for the 4-year-occurrence ~ 20-year-occurrence floods, and their waterlogging drainage abilities are only for floods between 3-year-occurrence ~ 8-year-occurrence, and only a few cities are in the fortified status, while most cities are undefended or incompletely defended. At present, the urban flood-control standard in project area is low. The flood disasters hit there in successive years. According to historical record, great floods occurred in 1980,1981,1983, and 1988 after the frightful flood cataclysms in 1954 and 1955. The losses caused by flood and waterlogging rose year after year. In 1990s, flood disasters frequently happened, and the losses due to the flood disaster rose sharply. In 1991, 1994, 1995, 1996, 1998, and 1999, large floods and waterlogging disasters happened successively, which caused great losses. Many cities were submerged wholly or partly, and nearly all cities are damaged by flood and waterlogging to various degrees. In 1991, the losses caused by flood disaster amount to 760 million yuan; in 1993, the losses caused by flood disaster amount to 1870 million yuan; in 1994, the losses caused by flood disaster amount to 3090 million yuan; and the great floods in 1995,1996 and 1998 each caused over 5000 million yuan losses, reaching 5610 million yuan, 10900 million yuan and 5973 million yuan respectively. Such enormous losses caused by flood and waterlogging disasters have seriously hindered the life and property of people in urban areas. Therefore, the construction progress and urban flood-control project strengthening shall be speeded up and beefed up to facilitate the economy development being in a speedy, stable and forward way. By constructing and perfecting the necessary flood-control and waterlogging treatment facilities, efforts shall be made to promote the beneficial and abolish the harmful so as to guarantee the safety of people’s lives and assets and to promote the economic development. Cili County is located at the interjunction of tributaries of and Loushui River, the current flood control and waterlogging harnessing capacity is considerably low, though, Jiangya reservoir on the upper reaches of Loushui River will take effect to cut flood peak of Lishui River, while, based on the hydrological analysis calculation, the current general flood control standard of the planned urban area is lower than 5-year-occurrence still. Cili County is the subproject of urban flood-control project utilizing loans from ADB, through project implementation, the flood-control and waterlogging treatment ability of the city will be greatly improved. The flood-control standard will be elevated from the present

10 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2-year-occurrence to 20-year-occurrence; and the waterlogging treatment standard will be elevated from the present 2~5-year-occurrence to 10-year-occurrence. The burden of flood-control on the urban area of Cili County will be greatly relieved, which will facilitate the sound development of society.

1.2 General Situation of Project 1.2.1 Areal Geography Location Cili County is located in the northwest part of Hunan Province, the middle reaches of Lishui River, adjacent to Shimen and eastwards, hangjiajie westwards, and it is a thoroughfare from east to west. The geographic coordinate of Cili County is that the east longitude is 111°08′ and the north latitude is 29°24′. The county seat - Lingyang town is located in the east part of the county, the confluence mouth of Loushui and Lishui Rivers. Based on the current status and development plan of the county, the county seat is distributed along left and right banks of the trunk of Lishui River and the river mouth belt of Loushui River. The county seat starts from Lingxi river, to the east, foot of Yangjiao mountain to the south, upper reaches of Yong’an bridge to the west, and crosses Lishui River to the north. It is the east gate of City as well as a support base for city tourist industry. See attached drawing 1 for the Schematic Drawing of Geographic Position of Cili County Urban Flood-control Project. 1.2.2 Contents and Scale of Project Construction Cili County Urban Flood-control Project is a sub-project of hilly area urban flood-control project in Hunan Province utilizing the loans from ADB. It includes the flood control and waterlogging harnessing projects, and the main project scale is as follows: 1) newly-built flood control earth embankment of 14.279km, including 572m utilizing completed expressway; 2) heightening and consolidation of the flood control earth embankment of 4.0km; 3) 5 newly-built sluices; 4) 3 newly-built waterlogging drainage stations with an installed capacity of 1224kW; 5) 2 newly-built aparting-flood canals, with a length of 0.54km; 6) renovation of 2 flood draining ditches, with a length of 1.15km, and renovation of 4 ditches, with a length of 4.75km. 1.2.3 Project Investment Estimation and Planned Progress According to the Feasibility Study Report on Hunan Province Cili County Urban Flood-control Project Utilizing Loans from Asian Development Bank, which is compiled by the Hunan Province Nanfang Hydraulic and Hydropower Design Institute, the estimation of the total investment of the project

11 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

is RMB 119.2653 million yuan, including the resettlement investment of RMB 9.7696 million yuan. Based on the project progress, the total construction time limit of the project is 34 months, including 24 months for construction of main works. 1.2.4 Socioeconomic Benefit of Project After completion of the project, the existing flood control capacity of the city will be elevated from the present 2-year-occurrence to 20-year-occurrence, and the waterlogging harnessing capacity will be elevated from the present 2~5-year-occurence to 10-year-occurrence. Thus, it could offer a superior environment to maximize the guarantee for the safety of lives and properties of the people. As the flood control embankment is integrated with the construction of urban roads, docks, and discharging pipelines as well as renovation of the bank lines, it could not only relief the traffic congestion in the the downtown area, but also beautify the environment and offer a superior rest and entertainment area for residents. In addition, with the improvement of the flood control and waterlogging harnessing standard, it could greatly reduce threat to lives and properties of the people by flood and waterlogging disasters. What’s more, it strengthens the sense of security of the people, guarantees the peaceful and comfortable environment of the people, as well as establishes a firm foundation for the industrial and agricultural production, therefore, its social and economic benefits are distinct. The full investment economic internal rate of return of the project is 15.72%, larger than 12%; the economic net present value is RMB 27.605 million yuan, larger than zero, and the economic benefit cost ratio is 1.29, larger than 1.0. Accordingly, all the economic indices are good, and it owns strong anti-risk capacities, and the project implementation is rational in the economy.

1.3 Affected Scope of Project Based on the geographical location of Cili County, landform status, current state of the flood control project and the riverway, as well as the overall urban planning, the whole urban area is divided into Chengnan, Chengbei, and Yong’andu flood control protective circles. The first one - Chengnan protective circle (Chengnan district) is located at the right bank of Lishui River. The embankment line starts from Yong’an bridge eastwards, reaches Baiyang bridge (left bank of the outlet of Heiyuwan gulch) along the right bank of Lishui River, afterwards, it reaches Guanyin bridge at the outlet of Shuimoyu stream from the right bank of the outlet of the gulch along the river banks of Lishui River, after left and right banks of Guanyin bridge connect with the natural highland, it goes on to reach the place around the outlet of Lingxin river via Chengguan power station and Shuang’an along the right bank of Lishui River, and then, form a closed circle after connecting the expressway and Hujiagang via Dongjiagang and Zhuojiaping along the right bank of Lingxi river southeast. The total length of embankment for

12 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Chengnan Protective Circile is 9.966km. Of which, the embankment at the right bank of the trunk of Lishui River is 5.884km, the embankment at the left bank of Lingxi river is 3.51km, and a section of expressway of 0.575km will be utilized. The second one is Chengbei protective circle. The embankment line starts from Youzha bridge at the left bank of Loushui river, and form a complete protective circle after reaching the natural highland of Hejiabang via Jiangjiaping, left bank of Chengguan power station, Taiyangzhou, the sidewalk, and the outlet of Beigang stream. The total length of Chengbei Protective Circle is 5.171km, of which, the embankment of Loushui River is 2.474km and the embankment of Lishui River is 2.697km. And the third one is Yong’andu protective circle. The embankment starts from the natural highland near Cili nitrogen fertilizer factory above Yong’an bridge at the left bank of Lishui River, reaches Yong’andu of the confluence of Loushui River via Yong’an bridge, afterwards, it ends in Shuangjing along the right bank of Loushui River via Gongjia polder, with a total length of 3.714km. The total length of the embankment lines in these three circles is 18.851km. The main engineering measures which involve land acquisition and relocation include embankment consolidation and building, renovation, rebuilding, and construction of sluices and electric drainage stations. In addition, the project construction also involves temporary land occupation for construction sites and borrow pits. The land acquisition areas, and the area in which the people’s life and production is seriously affected by the project construction shall all be regarded as the affected areas due to the project land acquisition and relocation. In this phase, the affected area due to the land acquisition and relocation in project is based on the recommended scheme in the project preliminary design phase. The scope of impact is determined by detailed survey assisted with 1/2000 topographic map, which involves 8 villages (residential committees) and 26 villager’s groups of Lingyang town, Cili County. The final scope of land acquisition and relocation might have minor adjustment during implementation.

1.4 Compilation of Resettlement Plan 1.4.1 Basis and Objective for Report Compilation 1.4.1.1 Basis for Design 1) Hunan Province National Economic and Social Development “the Tenth Five-year” Plan and Long Range Plan for 2015 2) Cili County National Economic and Social Development “the Tenth Five-year” Plan and Long Range Plan for 2015 3) Urban General Planning of Cili County (2001-2020) 4) Statistical Yearbook of Cili County (2003-2005) 5) Urban Flood-control Planning Report of Cili County

13 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

6) Feasibility Study Report on Hunan Province Cili County Urban Flood-control Project Utilizing Loans from ADB (Hunan Province Nanfang Hydraulic and Hydropower Design Institute) 1.4.1.2 Policy Foundation 1) National laws and regulations 2) Laws and regulations in Hunan Province 3) “Involuntary resettlement policy” of ADB (published in November of 1995) and “Resettlement Handbook ------practical and operable guidance on practice” (published in 1998) 1.4.1.3 Objectives of Policies 1) Adopt the engineering, technical, economic measures to avoid or minimize the quantities of physical goods to be removed and relocated; if the land acquisition and relocation is unavoidable, try best to adopt the effective measures to minimize the impact on the local residents due to the land acquisition and relocation. 2) In project preparation phase, conduct the social economy investigation and compile the relevant resettlement plan; 3) The resettlement shall be based on detailed physical indices in terms of relocated material goods and compensation standard in order to increase or at least restore the income and production levels for the affected people; 4) Promote resettlement in a developing mode. The resettlement from in the rural areas shall be land-based, supplemented with possible employment in second or tertiary industries. 5) Encourage the resettlers and original residents in resettlement area to take part in the resettlement planning; 6) Try best to resettle in the original community. 7) The resettlers and the former residents in resettlement area shall all be benefited from the project. 1.4.2 Method of Report Compilation The Key Project Management Office under the Water Resources Department of Hunan Province as project EA is responsible for overall resettlement preparation. The relevant resettlement design units, consulting units and local government all participated in the process. From December of 2005~ January of 2006, the designers had conducted the general survey and statistics on the physical indices for the land-acquisition-affected area with the active support from local governments in project area. Based on census survey, detailed sample survey on social economic conditions and attitudes of the affected people was also carried out during the same period. In investigation, designer had consulted with the PMO (project management Office) of Cili County and held several resettlement coordination meeting attended by the government department of every level and representatives of resettlers from affected area. Comments were made on the resettlement plan, economic rehabilitation options, and compensation, which were the basis for developing resettlement

14 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

plan. According to the current national policies, laws and regulations and the requirements on resettlement by ADB, the resettlement team carried out detailed analysis on the degree of impact and feasibility of proposed rehabilitation for each affected town(ship) in project area. According to the suggestion and opinions on resettlement plan for core subprojects set forth by PPTA experts and ADB and analysis on rationality and feasibility of impact degree of all town (ships), the resettlement plan for Cili Subproject was finally prepared and approved by local people’s government in the project area.

15 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2. Project Impacts

2.1 Measures for Avoiding or Reducing to the Minimum the Land Acquisition and Relocation Impacts 2.1.1 Measures for Reducing the Land Acquisition Impacts in Project Design Phase Since the project was launched, in order to reduce the impact on the local social economy due to the project construction, the flood-control scenic road plan has been revised and improved for several times, and the special technical review meetings had been conducted. The objective of plan optimization is to minimize the scope of impact, reduce resettlement cost and facilitate the project construction. 1) In project planning phase, the impact on the social economy by the project construction will be included as one of the key factors in comparison of different design alternatives. ①In the Cili County Urban Flood-control Project, according to the river system, terrain condition, and situation of the existing dike within the planning scope as well as the urban construction, comparison of three designed schemes for the embankment section of Lingxi River in Chengnan District have been made. And comparison of the two dike line layouts also have been made, which including the new dike section in Chengbei District, from left bank of Chengguan power station to Hejiabang, and the one from the dike section of Loushui River, from Yong’andu to Shuangjing. Dike Section of Lingxi River in Chengnan District: Scheme I fully utilizes highway, no protection set in the east of the highway; Scheme II is an outer line, the dike being arranged along Lingxi River, with no utilization of highway; Scheme III is an inner line, the dike being arranged along the highland, with partial utilization of highway. The comparison of the schemes of dike line is referred to Table 2.1.1-1.

Comparison of Schemes for the Dike Line Extending from Chengnan District to Hujiagang Table 2.1.1-1 Index Scheme I (full Scheme Item Unit Scheme II (outer utilization of III( inner line line scheme) highway scheme) scheme) Earthwork Excavation M3 11390 10598 87610 Earthwork Filling M3 79870 392011 301142 Concrete Precast Block Slope Protection M3 2110 14170 9653 Sodding Protection M3 12620 62752 42425 Relocation Fee of Relocatee Ten thousand yuan 185 302 236 Investment Ten thousand yuan 965 2460 1840

From the above table, the investment of Scheme I is less, however, currently there are 1 village (Shuang’an Residential Committee), 5 mine enterprises and 1 school in the east of highway, with a total

16 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

population of 4381; moreover, this area is to be residential area as planned in the urban construction planning of Cili County, so it should be well protected. Therefore, Scheme I is not practicable. The investment of Scheme II is more than Scheme III by over RMB 6.2 million Yuan and execution of Scheme III can make the river flow of Lingxi River more free and smoother so that silting , scouring and bank collapse could be reduced at the critical dike section. By means of analysis, Scheme III is chosen as the proposed scheme in the prelimnary design for the dike line. ② The new embankment section of urban area starts from the left bank of Chengguan power station to Hejiabang: Scheme I is an inner line one, which includes constructing 500 meters’ new embankment from Chengguan power station downwards to a footpath (leading to Jingtai Village), then continuously building the embankment along the right bank of Lishui River till the natural highland of Hejiabang and Jielong Bridge. A gate at the exit of Beigangxi is built for control. The dike line has a length of 1.17km and the terrace elevation is at a ranges of 89~91m. Scheme II is an inner line one, which includes constructing 500 meters’ new embankment from Chengguan power station downwards to a footpath (leading to Jingtai Village), and the north of dike line connecting to the natural highland of Jintai Village along a footway and over the exit of Beigangi so that a protection circle is formed. A gate is built at the exit of Beigangxi for preventing the flood from reversely flowing into the protection circle. The dike line has a total length of 0.97km and the terrace elevation is about 91m. The comparison of the schemes of dike line from Chengguan power station of Chengbei District to Hejiaban is referred to Table 2.1.1-2. Comparison of Schemes for the Dike Line Extending from Chengguan Power Station of Chengnan District to Hejiabang

Table 2.1.1-2 Index Item Unit Scheme I (outer Scheme II (inner line line scheme) scheme) Earthwork Excavation m3 2164 1664 Earthwork Filling m3 9653 7426 Concrete Precast Block Slope Protection m3 505 389 Sodding Protection m3 3793 2918 Relocation Fee of Relocatee Ten thousand yuan 8.5 12 Investment Ten thousand yuan 87 67

From the above table, although the investment of Scheme I is more than that of Scheme II by over 0.2 RMB million yuan, the dike line of Scheme I is smoother and straighter than that in Scheme II, and the protection area of Scheme I is more than that in Scheme II by over 80 mu. In result, Scheme I is chosen as the proposed scheme in the prelimnary design for the dike line. ③The dike section within Yong’andu District is from Yong’andu to Shuangjing. Scheme I is an outer

17 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

line one, from Yong’andu to Shuangjing natural highland along the river and over highway via Xingjiawu Yard and Gongjiayuan, with the dike line of 1.65km and elevation of 89~90m. Scheme II is an inner line one, from Yong’andu to Shuangjing natural highland along the Grade I terrace and over highway via Xingjiawu Yard and Gongjiayuan, with the dike line of 1.577 km and elevation of 92~93m. The comparison of the schemes of dike line from Yong’andu of Yong’andu District to Shuangjing is referred to Table 2.1.1-3. Comparison of Schemes for the Dike Line Extending from Yong’andu District to Shuangjing

Table 2.1.1-3 Index Item Unit Scheme I (outer line scheme) Scheme II (inner line scheme) Earthwork Excavation m3 20750 16502 Earthwork Filling m3 88080 73399 Concrete Precast Block m3 4872 4060 Slope Protection Sodding Protection m3 17767 12912 Cost of Relocation Ten thousand yuan 48 75 Investment Ten thousand yuan 497 447

From the above table, the investment of Scheme I is more than that in Scheme II by over 0.5 RMB million yuan. Although the area of outer line scheme is more than inner line by over 50 mu, the former one affects the cross section of flood passing greater than the latter. In result, Scheme II is chosen as the proposed scheme in the prelimnary design for the dike line. 2) The direction of alignment shall try best to be based on the existing levees. The selected alignment should try to reduce the acquired land areas, avoid house demolition and minimize impacts on irrigation facilities. In the densely populated area in cities and towns, the alignment of new dikes shall try best to avoid demolition of highrise buildings or multi-floor buildings to reduce the quantities of demolition and relocation. 3) The construction design shall be optimized in such a way to shorten the construction period, and reasonably arrange the house relocation and construction period in order to minimize the losses of resettlers’ properties. For example, the house relocation and rebuilding shall be conducted in the farm slack season, and the land acquisition or occupation shall begin after harvesting the crops. For the temporary land occupation that involve more than 2 years, efforts will be made to try best to utilize the wastelands. 4) In the project design, careful consideration will be made to minimize the inconvenience brought about

18 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

to the life and production of local residents due to the dike construction. In general, for the convenience of local residents, all damages caused by the construction to the irrigation channels, mechanical pier, communications facilities and other infrastructures will be restored to keep the complete original functions in a timely manner. 2.1.2 Measures for Reducing the Impact due to Land Acquisition in Project Construction The lands occupied in this project are distributed in linear form along Lishui River. As for the whole project area, the project construction won’t affect the local industrial and agricultural production, people’s life and social economy greatly. The land acquisition and relocation along the linear area will not bring much impact. However, in order to minimize the impact on the local area due to the project construction as much as possible, special attention will be paid to the layout of construction site and selection of construction scheme, and prevent the unnecessary land acquisition and house demolition. The following measures shall be adopted: 1) Before demolition and relocation, organize the relevant persons to conduct the on-spot survey. Try to remove less or do not remove the houses which is unnecessary to remove or can be partly removed in practice. 2) Before the demolition of the buildings due to the temporary land occupation by the project, report to the unit of owner by PMO to empty it. Or set up the temporary housing to be used in resettlement within the unit area. After the project completion, rebuild new buildings and return to the original owner or unit. 3) For the loss of residents caused by the demolition and relocation, adequate compensate according to the replacement value will be paid to reduce the unfavorably impact on resettlers. 4) The resettlement area shall be located at the place close to the original residential areas so as to keep the existing social relationship for the affected people, on the other hand, it will also reduce the commuting for the affected people. 5) For relocated enterprises, notify them in advance, and arrange the site for relocation, compensate the loss, try best to shorten the interruption period, and negotiate with the County Project Management Office to provide proper rehabilitation for affected employees. 6) During relocation and resettlement, the concerned local functional departments shall vigorously support the resettlers and affected enterprises, provide the convenience for them and carry on the resettlement work smoothly, and reduce the loss and relief the burden on resettlers. 7) Strengthen the system of public participation. Before the project construction, clarify the project commencement time and project construction planning progress by putting Notice in the project affected area and the resettlement area, disclose the compensation policies for land acquisition and resettlement, and collect comments and opinions from the relocatee and original residents in

19 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

resettlement area. In project construction period, in order to benefit the local community, the priority will be given to use the local materials and use the local transportation and labor if the technical conditions allowed. 8) Reduce the dust emission and strengthen health management for construction workers. The construction unit shall carefully plan the routing for transport earthwork and stonework. Measures shall be adopted to guarantee that the soils and stones won’t be sprinkled along the way from the truck full of loading, and thus affect the environment tidiness. In construction period, a large number of labors will come to the worksite to undertake all kinds of works and services. In order to guarantee the public security and orders in work site and the health of various groups in construction area, the project construction unit shall supervise and urge the builders to obey the regulations of local environment sanitation department, toughen the management on the healthy protection for builder group, timely clear the domestic waste on construction site, keep the construction area tidy, and prevent the occurrence and transmission of infectious diseases.

2.2 Investigation on Project Impacts 2.2.1 Investigation Contents From December 2004 to January 2006, Hunan Province Hydraulic and Hydropower Design Institute, together with the Cili County Water Resources Bureau, the government at each level, formed a joint investigation team. The team conducted the comprehensive survey on the project impacts according to the coverage determined in engineering design and the 1:2000 geologic type topographic map in hand. The contents of investigation included the land acquisition, the land acquisition affected population, houses to be removed and relocated, and supplementary facilities, scattered trees, small businesses of industry and commerce, enterprises and institutions, and agricultural sideline production facilities and special facilities, etc. 2.2.2 Investigation Method 1) Investigation in Land Acquisition: The investigators clearly found out on-spot the ownerships of various lands according to the 1/2000 topographic map in hand. The area of cultivated land, garden plot, woods, and various lands were measured and calculated in the unit of villager’s group. 2) Demographic Census: In the investigation in the land acquisition and relocation, affected people was classified into three kinds, affected by land acquisition without relocation, affected by demolition and relocation without land acquisition, and affected by both land acquisition and relocation. The actual affected populations were further divided according to the non-agricultural population and agricultural population, with

20 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

comprehensive investigation in the unit of households on the nationality, age structure, education background, and employment status. They were checked out on site according to the household register card, and register the results of survey in detailed lists for each family. 3) Investigation in Houses and Auxiliary Facilities: The comprehensive survey on house structures was conducted; the area of houses was measured and the quantities of supplementary facilities were investigated household by household, and then registered them in detailed lists. 4) Investigation in Scattered Trees: The scattered trees were counted on-spot in the project-land-acquisition affected area to classify the fruit trees and other trees and separately register according to the tree types. 5) Investigation in Small Business of Industry and Commerce The small business of industry and commerce were investigated and registered in the way of household by household. The investigating and statistical contents include the business items in operation, coverage of business area, number of employees, annual turnover, and operating profit, etc. 6) Investigation in Enterprises and Institutions: The following contents were surveyed and checked: names of affected enterprises in the land to be expropriated, location, department in charge, month and year of establishment, the coverage of factory area, land area for production, area of buildings, number of staff, fixed net assets, annual output volume of major products, annual output value, annual profit turnover, lump sum of tax, and lump of wages per month, etc. 7) Investigation in Special Facilities: The investigator checked the quantities on site, registered in detailed lists by item according to the 1:2000 topographic map of geologic type and the data supplied by department in charge. All the survey results of physical indices were reviewed and confirmed by householder and local government of each level and department in charge.

2.3 Investigation Results on Project Impacts According to survey, the land acquisition and relocation for this project involves 8 villages (residential committee) and 26 village groups in Lingyang Town of Cili County. See Summary Table 2.3-1for details of investigation results on project impacts.

21 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Investigation Summary Table for Land Acquisition and Relocation Impacts in Cili County Urban Flood-control Project Table 2.3-1 Item Unit Total Lingyang Town Remarka I Administrative Region 1 Township (Sub-district) 1 1 2 Administrative Village (Residential 8 8 Committee) 3 Villager’s Group 26 26 II Affected Population Due to Project 1 Impact Due to Land Acquisition Number of Household Household 196 196 Population Person 472 472 Population in Need of 74 74 Economic Rehabilitation Person 2 Impact due to Demolition and

Relocation Number ofHousehold Household 40 40 Population Person 135 135 Households to be Resettled by 33 33 Building Houses Household Population to be Resettled by 107 107 Building Houses Person 3. Affected Units 1 1 Of Which: Number of Stuff Person 9 9 4. Affected Individual Units and 5 5 Enterprises Of Which: number of 11 11 employees Person 5. Project Affected Total Population Person 595 595 III Houses and Auxiliary Structures (I) Houses and Buildings ㎡ 8623.16 8623.16 1 Rural Residence ㎡ 8623.16 8623.16 Brick-concrete Structure ㎡ 6741.26 6741.26 Brick-wood Structure ㎡ 1629.9 1629.9 Simple Structure ㎡ 252 252 (II) Non-residential Houses ㎡ 1916 1916 Brick-concrete Structure ㎡ 1876 1876 Simple Structure ㎡ 40 40 (III) Auxiliary Structure 1 Bounding Wall ㎡ 170 170 2 Cement Sunny Ground ㎡ 819 819 3. Well 14 14 4. Telephone 28 28 5. CATV Household 28 28 IV Permanent Land Requisition mu 149.36 149.36 (I) Collectively-owned Land mu 147.64 147.64 1 Cultivated Land mu 49.82 49.82 Dry Farmland mu 35.32 35.32 Marketing Vegetable Plot mu 14.5 14.5

22 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Investigation Summary Table for Land Acquisition and Relocation Impacts in Cili County Urban Flood-control Project Table 2.3-1 Item Unit Total Lingyang Town Remarka 2. Beach Land mu 44.53 44.53 3. Garden Land mu 39.97 39.97 4. Waste Land mu 1.5 1.5 5. Housing Plot mu 11.82 11.82 (II) Urban Construction Land mu 1.72 1.72 1. Other Land mu 1.72 1.72 V. Temporary Land mu 283.13 283.13 1. Paddy Field mu 54.1 54.1 2. Dry Farmland mu 36.6 36.6 3.Shrubbery mu 83.15 83.15 4. Beach Land mu 24.3 24.3 5. Waste Land mu 84.98 84.98 VI. Special Facilities 1 Traffic Facilities Arch Bridge 6 6 2. Transmission and

Transformation Facilities High Voltage Line km 3.6 3.6 Low Voltage Line km 8.12 8.12 3. Post Line km 5 5 4. Facilities of Oil Reserve ㎡ 10 10

2.3.1 Land Affected by Project 1) Permanent Land Acquisition The permanent land acquisition in this project covers 6 administrative villages (residential committee), 25 villager’s groups. Various land with an area of 149.36mu will be expropriated, collectively owned land acquisition is 147.64mu (including dry farmland of 35.32mu, vegetable land of 14.5mu, flood land of 44.53mu, garden land of 39.97 mu, waste land of 1.5mu and housing plot of 11.82 mu). The urban construction land (land for enterprises) reaches 1.72mu. See Table 2.3-2 for details of the investigation results of the permanent land acquisition in this project.

23 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Investigation Statistical Table of Project Permanent Land Acquisition in Cili County Urban Flood Control Project Table 2.3-2 Cultivated Land (mu) Rural Village Garden Flood Waste Urban County Housing Township (Town) (Residential Group Total Land Land Land Construction (District) Subtotal Dry Farmland Marketing Vegetable Plot Plot Committee) (mu) (mu) (mu) Land(mu) (mu) Cili County 1 6 25 149.36 49.82 35.32 14.5 39.97 44.53 1.5 11.82 1.72 Lingyang 6 25 149.36 49.82 35.32 14.5 39.97 44.53 1.5 11.82 1.72 Shuang’an 71.75 26.17 25.37 0.8 33.67 9.6 1.5 0.81 II 2.67 2.67 1.87 0.8 VIII 4.5 4.5 IX 0.75 0.75 XIII 18.37 8.3 8.3 10.07 XIV 3.06 2.25 0.81 XV 40.9 15.2 15.2 16.1 9.6 Baiyun 6.3 6.3 6.3 6.3 Beigang 3.98 1.5 1.5 2.48 II 3.98 1.5 1.5 2.48 Taiping 11.43 4.5 4.5 6.93 7.43 4.5 4.5 2.93 I 1.22 1.22

24 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Investigation Statistical Table of Project Permanent Land Acquisition in Cili County Urban Flood Control Project Table 2.3-2 Cultivated Land (mu) Rural Village Garden Flood Waste Urban County Housing Township (Town) (Residential Group Total Land Land Land Construction (District) Subtotal Dry Farmland Marketing Vegetable Plot Plot Committee) (mu) (mu) (mu) Land(mu) (mu) II 0.51 0.51 III 1.17 1.17 IV 1.1 1.1 Jintai 3.75 0.75 0.75 3 II 0.75 0.75 0.75 Yong’an 50.43 16.9 3.2 13.7 31.93 1.6 Xinjie 7.61 7.3 3.2 4.1 0.31 Yongxin 3 3 3 Yong’an 0.3 0.3 0.3 An’zui 5.19 4.8 4.8 0.39 Changling 1.5 1.5 1.5 Zhangshu 11.99 11.99 Houpin 11.99 11.99 Shuangjing 7.95 7.95 Mianchang 0.38 0.38 Xinpu 0.52 0.52

25 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2) Temporary Land Acquisition The construction temporary land occupation refers to the temporarily-borrowed land in the project construction period, including land occupation of stone material yard, construction plant, construction warehouse, and temporary area for livelihood and temporary construction road during construction period. ① The temporary land for the works construction mainly refers to borrow pit, construction road, construction plant, construction warehouse and various stock yards. The temporary facilities occupy land of 7455 m2, construction road land of 16000m2, the extraction of soil material in borrow pit ocuppies temporary land of about 125300m2 and spoil yard occupies land of 40000m2, which are 188755m2 in total, equivilant to 283.13mu. ② As the existing roads will be damaged during project implementation process, corresponding compensation costs shall be paid to the municipal administration department. As the compensation costs are included in the project construction contract as part of the project costs, they will be paid by the construction Contractor. Accordingly, the project construction temporary road land occupation will not be included and the compensation costs will not be estimated in the report. ③ The temporary land mainly affects the soil and stone material yards in the project, involving 1 town and 7 administrative villages. Various land with an area of 283.13 mu are temporarily expropriated, of which paddy field is 54.1mu, dry farmland is 36.6mu, shrubbery land is 83.15mu, flood land is 24.3mu and waste land is 84.98mu. The mean time limit for land borrowing is two years. See table 2.3-3 for details of the statistical conditions of the investigation results of the temporary land acquisition in this project. Investigation Statistical Table of Temporary Land Acquisition in Cili County Urban Flood Control Project Table 2.3-3 Temporary Land Acquisition (mu) Town Classification of Material Dry Area Paddy Shrubbery Flood Waste Remarks (ship) Yard Total Farm Field Land Land Land Land Lingyang Shuang’an Temporary Facilities 11.6 1.5 10.1 Village Temporary Facilities of Soil Lingxi Village 118.2 2 45.3 35.3 35.6 Material Yard Beigang Village Soil Material Yard d 10.8 3.5 7.3 Temporary Facilities of Soil Jintai Village 22 2 20 Material Yard Taiping Village Spoil Yard 12.3 12.3 Temporary Facilities of Soil Yong’an Village Material Yard and Spoil 99.98 28.1 5.3 35.3 12 19.28 Yard

26 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Investigation Statistical Table of Temporary Land Acquisition in Cili County Urban Flood Control Project Table 2.3-3 Temporary Land Acquisition (mu) Town Classification of Material Dry Area Paddy Shrubbery Flood Waste Remarks (ship) Yard Total Farm Field Land Land Land Land LiangzhongYard Spoil Yard 8.25 3 5.25 Total 7 283.13 36.6 54.1 83.15 24.3 84.98

2.3.2 Affected Population Due to Project 1) Affected Population Due to Land Acquisition The investigation of the affected population due to land acquisition of the project will be counted from two aspects, one is the actually affected population due to land acquisition of the project; the other is the number of agricultural population need economic rehabilitation according to the principle of Land Administration Law of the People’s Republic of China, namely, the economic rehabilitation shall be rearranged to the agricultural population who has lost all of their main productive materials - cultivated land. The concept of the number of persons requiring economic rehabilitation is calculated based on collective land ownership in rural China, which is an important indicator in analyzing land acquisition impacts in the process of land acquisition and resettlement1. Based on the physical indices during the course of investigation on land acquisition and demolition for the project, the population in need of economic rehabilitation will be counted in villagers’ groups. The agricultural population in need of economic rehabilitation for each affected village group is calculated with the area of land acquisition divided by cultivated land per capita of each group before land acquisition. The result was 74 persons. As the project is distributed in linear shape along Lishui River and Loushui River, for most affected persons, they would only lose a small part of lands. According to the site investigation and statistics, 196 households (472 persons) are actually affected by land acquisition in the project, of which, 111 households (278 persons) will be actually affected by permanent land acquisition in the project, averaging 0.18 mu cultivated land per person. About 85 households (194 persons) will be actually affected by temporary land occupation. 2) Affected Population Due to Demolition According to the site investigation, in the project, 40 households (135 persons) shall be relocated (all are rural population) and houses of 8623.16 m2 shall be demolished. Among 40 households of relocatees, 7 households have other houses, so demolition and relocation for the project have limited

1 However, the actual economic rehabilitation measures are formulated for the actual affected households, most of whom are only partially affected. Those more seriously affected will be targeted for rehabilitation support, in addition to compensation.

27 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

impacts on their normal daily life and no rehabilitation is required. For the rest of 33 households (107 persons), relocation and rehabilitation is required. 3) Employees in the Affected Enterprises According to the investigation, 1 enterprise having 9 employees in all will be affected by the project construction. Since the enterprise had already been closed down some time ago, there are no actual impacts on those employees. 4) Affected Individuals Engaged in Small-scale Business According to the investigation, 5 individual shops will be affected by the land acquisition and demolition in the project area. Most these small shops rented spaces from local residents. There are 11 persons working in these 5 individual shops (only includes employees and the owners are included in the population of residential houses). All of them will be affected by the project when their businesses are closed due to demolition and land acquisition impact. 5) Total of Affected Population Due to Project Through statistics, 228 households (595 persons) will be affected by the project land acquisition. Among them, 188 households (440 persons) will be affected by land acquisition (without house demolition), which will include 85 households (194 persons) to be affected by the temporary land acquisition); 32 households (103 persons) will be affected by house demolition only (without land acquisition); and 8 households (32 persons) will be affected by both the land acquisition and house demolition. 9 employees will be affected by the their enterprises’ or institutions’ demolition, and 11 individuals will be affected by removal their own small shops’ demolition. The temporary land are mainly distributed in Lingxi Village while the temporary land of the other villagers are all collectively-owned land areas. Among the affected population due to land acquisition and resettlement, 74 agricultural persons need economic rehabilitation. About 33 households (107 persons) need to be rehabilitated through replacement housing. The demolition and reconstruction of enterprises and institutions shall affects 9 employees. 11 individual employees of shops shall be affected by the interruption of their business. See table 2.3-4 for details of the affected population in the project. 2.3.3 Houses and Auxiliary Facilities to be Demolished 1) Affected Residential Houses and Auxiliary Facilities by the Project The demolished houses for construction of the project involve 4 villages (residential committee) of Lingyang Town in Cili County. The project affects 40 households (135 persons),of which 33 households(107 persons) are all rural residents who need to be relocated. The residential houses of 8623.16m2 are to be demolished, of which brick-concrete structures are 6741.26m2, brick-wood structures are 1629.9m2 and simple structures are 252m2. In addition, along with house demolition, the project will also affect cement sunny ground of 779m2, surrouding wall of 50m2, 14 wells, 28 telephones

28 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

and CATV of 28 households. According to the investigation, in the project land acquisition area, most residential houses are individually owned. All the residential houses are one or two-floor houses with brick concrete structure and brick wood structure. Since many demolished houses were built in 1980s, the basic living conditions and the related facilities are considerably poor. Moreover, due to frequent floods, the current riverbank pushes itself towards the inland for more than ten meters compared with that in the 1980s, which has seriously threaten the life security of the residents. Therefore, most residents also hope they can relocate as soon as possible, so as to improve their living conditions. See table 2.3-5 for details of the investigation conditions of the residential houses to be removed in the project. 2) Affected Non-residential Structures by the Project According to the investigation, in the scope of the land acquisition due to the project, houses of 1 institution and 5 individual shops are to be affected by the demolition. The non-residential structures area reaches 1916m2, of which brick-concrete structures are 1876m2 and simple structures are 40m2 (the 5 individual shops serve the purpose of both residence and business, whose area are calculated and included in the residential houses to be demolished). In addition, the project affects cement sunny ground of 40m2 and bounding wall of 120m2. See table 2.3-6 for details of the investigation conditions of the non-residential houses to be removed in the project. Investigation Table of Residential House and Auxiliary Facility to be Removed in Cili County City Urban Flood Control Project

Table 2.3-5 Auxiliary Structures (m2) Township Village Structures County (Town, (Residential Unit Population Bounding Sunny (District) Total Formal Structures Simple Sub-district) Committee) Wall Ground (m2) Structures Subtotal Brick-concrete (m2) (m2) Cili Lingyang 9 1916 1876 1876 40 120 40 Taiping 9 1916 1876 1876 40 120 40 Township-owned Farm Machinery 9 1916 1876 1876 40 120 40 Station

3) Affected Temporary Structure by the Project According to the investigation, there is no temporary structure in the land acquisition range of the project. 4) Affected Illegal Structure by the Project

29 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

According to the investigation, there is no illegal structure in the land acquisition range of the project.

30 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table 2.3-4 Summary of Affected Population Due to Land Acquisition and Resettlement in Cili County Urban Flood Control Project Land Acquisition, Removal, Without Land Acquisition and Number Total To Be Relocated Population in Village Without Removal Land Acquisition Removal of Township Need of Affected Type (Residential Individual (Sub-districts) Number of Number of Number of Number of Number of Economic Committees) Population Population Population Population Population Business Household Household Household Household Household Rehabilitation Owner I. Permanent 32 103 8 32 33 107 74 11 Land Acquisition 143 401 103 246 (1) Residence 32 103 8 32 33 107 74 Removal 143 381 103 246 Lingyang 7 32 103 8 32 33 107 74 Town 143 381 103 246 Shuang’an 48 118 45 108 3 10 3 10 34 Baiyun 8 21 8 21 Beigang 13 41 5 13 5 14 3 14 7 22 3 Taiping 32 106 10 26 20 72 2 8 19 68 7 Jintai 1 4 1 4 1 Yong’an 41 91 34 74 7 17 4 7 29 (2)Demolition of 11 Non-residence 20 Enterprise and Institutions 9 Individual 11 Business 11 II. Temporary

Land Acquisition 85 194 85 194 Lingyang 1 Town 85 194 85 194 Lingxi 85 194 85 194 III. Total of Affected 1 8 32 103 8 32 33 107 74 11 Population 228 595 188 440

31 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Investigation Table of Houses and Auxiliary Facility to be Removed in Cili County Urban Flood Control Project Table 2.3-5 Population Formal Structure (m2) Auxiliary Structure Town Village Simple County Total Bounding Sunny Telephone CATV (Township, (Residential Group Number of Total Agricultural Non-agricultural Structure (District) Houses Subtotal Brick-concrete Brick-wood Wall Ground Well Line (Household) Sub-district) Committee) Household Population Population Population (m2) (m2) (m2) Cili 40 135 135 8623.16 8371.16 6741.26 1629.9 252 50 779 14 28 28 Lingyang 40 135 135 8623.16 8371.16 6741.26 1629.9 252 50 779 14 28 28 Town Taiping 22 80 80 5126.66 5106.66 3599.76 1506.9 20 50 417 4 13 13 I 2 8 8 816 816 816 65 1 2 2 II 2 6 6 340.3 340.3 180 160.3 20 1 1 1 III 4 12 12 802.2 802.2 802.2 30 79 4 4 IV 5 19 19 825 825 348 477 59 1 2 2 V 6 25 25 1791.96 1771.96 1117.56 654.4 20 20 123 1 3 3 VI 1 4 4 215.2 215.2 215.2 VII 2 6 6 336 336 336 71 1 1 Beigang 8 28 28 1843.1 1651.1 1651.1 192 200 2 8 8 II 8 28 28 1843.1 1651.1 1651.1 192 200 2 8 8 Shuang’an 3 10 10 540 540 540 1 3 3 XIV 3 10 10 540 540 540 1 3 3 Yong’an 7 17 17 1113.4 1073.4 950.4 123 40 162 7 4 4 Xinjie 2 4 4 209 209 144 65 36 2 1 1 Xinpu 2 6 6 368 348 348 20 55 2 2 2 Mianchang 2 4 4 252.4 252.4 194.4 58 41 2 1 1 Anzui 1 3 3 284 264 264 20 30 1

32 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2.3.4 Scattered Trees According to investigation, there is no scattered tree in the land acquisition range of the project.

2.3.5 Affected Individuals Engaged in Small-scale Business According to the investigation statistics, there are 5 individual small shops in the affected range, and the operation area is about 179.2 m2, and the affected individuals are 11 persons. As the affected individual shops are the unprofessional ones used for both private residence and business, and the operators utilize the old houses or rent them to others for residence or operation for catering and hardware, the scale is considerably small (the average operation area is 35.84 m2), and their main customers are local residents with limited outsite population. Most of their business is bad. Since these small shops are mainly used for residence, the area has been listed in the residential house to be removed. See 2.3-7 for details of the affected individual commerce small shops in the project. Basic Conditions Table of Individual Business Shops to Be Removed in Cili County Urban Flood Control Project Table 2.3-7 Village Individual Population of Township (Residential Business Area of Operation (m2) Business Item Businessmen (Town) Committees) Owner (Person) Lingyang 1 5 179.2 11 Taiping 5 179.2 11 Zhuo Yulin 65.5 Catering 4 Yu Jianguo 43.4 Barber Shop 2 Xing Liefeng 40.8 Hardware 2 Zhencheng 20.5 Ip Telephone 2 Delicacies Xu Zhenfeng 9 from South 1 China

2.3.6 Affected Enterprises and Institutions According to the investigation, 1 institution that will be affected by the land acquisition and house demolition in the project area has 9 employees and occupies the land of 1.72 mu. Due to the flood, the enterprise was closed in 2003. Accordingly, the staffs had been transferred to work in the other sectors by relevant departments. Therefore, no rehabilitation is required and only compensation for land and houses need to be provided to the affected party. 2.3.7 Affected Special Facilities by the Project The investigators have conducted the site investigation and registration to the affected traffic facilities, transformation facilities, post & telecommunication line, and other special facilities to be resumed or rebuilt according to the project land acquisition range confirmed by the design. The project affects 6 arch bridges, 10KV high-voltage line of 3.6km, 380V low-voltage line of 8.12km, telephone lines of 5km

33 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

and oil reserve facilities of 10m2 See Table 2.3-8 for details of statistics about survey on the special facilities affected in project. Investigation Table of Special Facilities Due to Land Acquisition and Demolition in County Urban Flood Control Project

Table 2.3-8 Oil Village Traffic Facilities Transmission and Transformation Facilities Post & Reserve County Town (Residential High-voltage Line Low-voltage Line Telecommunication Arch Bridge Facilities Committee) ( ) ( ) Line(km) km km (m2) Cili 6 3.6 8.12 5 Lingyang 6 3.6 8.12 5 10 Yong’an 1 1 0.7 Shuang’an 1.5 1.52 1.5 Beigang 1 0.6 0.4 0.3 Taiping 4 1 5 2.4 Jintai 0.5 0.2 0.1 Baiyun 10

2.3.8 Affected Minorities Due to Project Cili county covers an area of 3276 square kilometers in total, accounting for 1.7% of the total area of Hunan Province, of which mountainous region is 3.4 million mu and cultivated land area is 0.5712 million mu. The county governs 31 towns/townships (including 7 townships of Tujia Nationality) and 675 administrative villages (residential committee). The county has total population of 0.6757 million, of which minority population is 0.4091 million, accounting for 61% of the total population, and most of them are Tujia Nationalities. According to investigation, in the project, 79 minority persons are affected by the demolition of houses, account for 58.52% of the total relocatees. All of them are all Tujia Nationalities. The investigation of residence registration indicates that the minority population accounts a large share of total affected persons by the project. Most of them are local residents living there for generations while some move here because of marrying local people. In general, minorities get along with Han Nationality very well with harmonious relationship for many years. In terms of income structure of the minority families, like those Han families, it is dominated by non-farm income coming from business or working as outside labors. Most incomes of rural population are no longer dependent on their farmland. For minority population, they enjoy the same rights and as Han Nationality in most social and economic aspects, such as land allocation, education and politics, etc. In fact, in some aspects, such as college entering exam and tax rate, the minority people can be beneficial from the favorable policies compared with Han Nationalities. The situation of population distribution of minority is referred to Table 2.3-9 for details.

34 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

The Situation of Affected Minorities Population by Cili County Urban Flood Control Project Table 2.3-9 Tujia Nationality Han Nationality Township Village Total Affected County Number of Percentage of Number Percentage of (Town, (Residential Group Population Number Remarks (District) Household Accounting for the Total of Accounting for the Total Sub-district) Committee) (Person) of Person Population (%) Person Population (%) Cili 1 40 135 79 58.5 56 41.5 Lingyang 3 13 40 135 79 58.5 56 41.5 Taiping 7 22 80 49 61.3 31 38.8 I 2 8 3 37.5 5 62.5 II 2 6 4 66.7 2 33.3 III 4 12 4 33.3 8 66.7 IV 5 19 13 68.4 6 31.6 V 6 25 16 64.0 9 36.0 VI 1 4 4 100.0 VII 2 6 5 83.3 1 16.7 Beigang 1 8 28 22 78.6 6 21.4 II 8 28 22 78.6 6 21.4 Yong’an 4 7 17 7 41.2 10 58.8 Xinjie 2 4 2 50.0 2 50.0 Xinpu 2 6 3 50.0 3 50.0 Mianchang 2 4 1 25.0 3 75.0 An’zui 1 3 1 33.3 2 66.7 Shuang’an 1 3 10 1 10.0 9 90.0 XIV 3 10 1 10.0 9 90.0

35 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2.3.9 Affected Vulnerable Groups Due to Project

2.3.9.1: Gender

During the survey, the team paid special attention on women in the project areas and organized group discussions attended by women. The participated women included those Han and Tujia nationalities and represented by different ages groups and education levels among those above 18 years old. In addition, through sample household survey, further understanding of women in the project area was obtained regarding their roles in their families, participation on public affairs and health issues.

(1) Status of Women is Improved and Man and Women Enjoy Equal Rights in the Family

In the project areas, there is no clear separation of women and men in their responsibilities. Most of them share the equal responsibilities of farming activities, which is closely related with their availability. Since women play more important roles in most housework, their contribution to family income is relatively high. As a result, in many families, women are responsible for making most financial decisions, and play important roles in determining large family issues and outcomes.

(2) High Level of Participation on Public Affairs

According to the survey, most women have high degree of participation in public affairs. Most of them participated in the election of village chiefs; some of village officials are women. In the process of RP preparation, women demonstrated high degree of attention and provided many good suggestions.

(3) Freedom of Marriage

In Cili County, different ethnic women all have freedom to select their spouses. As long as both sides agree, Tujia, Miao, Bai men or women could marry other ethnic men or women. There is no barrier of marriage between different nationalities.

(4) Enjoy Equal Access as Men to Education and Health Care

In general, the education levels in the project area is relatively low and medical condition is not well developed. However, in terms of access to education and health care, men and women have relatively equal rights. Due to historic reasons, most old women have lower education level than that of men. However, along with social development, education levels among women has improved greatly and most young women have similary education level as men.

2.3.9.2: Vulnerable Groups

Vulnerable groups: Mainly include the underprivileged families (per capita income is less than 130yuan/month), handicapped families (disabled persons) and families of the elders who live alone(widows

36 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute or widowers over 70 years old), etc. The vulnerable groups of 14 persons will be affected by the project, accounting for 5.96% of the total affected population. They are mainly the poor population and elderly who are entitled to Urban Minimum Living Allowance. During resettlement process, the affected vulnerable groups in the project will be further confirmed through comparison and analysis between the member structures in affected families, employment status of labor, family resources, and other conditions and the data of the local civil affairs departments. Once the affected households are proved to be the vulnerable groups, the project execution agency will give special help to them during resettlement implementation process. The situation of vulnerable groups is referred to Table 2.3-10.

Situation of Affected Vulnerable Groups by Cili County Urban Flood-control Project

Table 2.3-10 Total Population Affected Population (Person) Township or Village Number of Number of Town (Residential Vulnerable Percentage Vulnerable Percentage Remarks Number of Person Number of Person (Sub-district) Committee) Groups (%) Groups (%) (Person) (Person) Lingyang 16385 597 3.64 235 14 5.96 Shuang’an 5100 181 3.55 38 Lingi 3481 140 4.02 34 Beigang 1613 156 9.67 28 Taiping 2608 59 2.26 80 12 15 Jintai 880 49 5.57 4 Yong’an 2703 12 0.44 17 2 11.76

2.4 Impact Analysis of Project 2.4.1 Project Impact Characteristics 1) The land acquisition and relocation affects limited number of households and population. The affected population accounts for only 1.46% of the total population in the affected villages. The acquisition of cultivated covers an area of only 49.82mu, accounting for 0.74% of the total cultivated land area among affected village groups. 2) Relocation due to construction of project affects 40 households (135 persons) with 8623.16m2; most of them or 60% are concentrated in Taiping Village of Lingyang Town. Among the houses to be demolished, 78% of the houses are of brick-concrete structure. 3) Land of 149.36 mu are to be acquired permanently for construction of the project, of which the cultivated land accounts for 33.36%, including dry farmland of 23.65% and vegetable land of 9.71%. The rest of 66.64% are beach land, garden land and urban construction land. These acquired cultivated land are distributed in 5 villages (residential committee) and 11 village groups or residents groups in

37 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Lingyang Town of Cili County, with the characteristics of liner shape and dispersedness in distribution. 4) The 5 individual small shops affected by project construction are the unprofessional ones used both as residence and business. Their scale is relatively small with average operation area being 35.8 m2, and the business profits are relatively lower in general. 5) There is 1 enterprise affected by the land acquisition and relocation within the scope of project. At present, the enterprise had been relocated and the previous working area have been abandoned. 6) There are no important special facilities in the project land acquisition and resettlement area, except for a few high-voltage transmission lines and post & telecommunication lines, the rest is the rural small infrastructure. 2.4.2 Impact Analysis Evaluation The construction of project will damage the original production system in the affected area, and certain impacts will be brought to the local production and livelihood accordingly. The losses of the land resources will destroy the material conditions for livelihood of part of the farmers, so, they shall adapt to new environment for working and livelihood again. The staff of the design unit have fully considered the destructive effect of land acquisition on the local production and livelihood system during project design process, and accordingly, they have constantly optimized the project design, adopted project measures to reduce the land acquisition area, and minimized the impacts of project construction on local production and livelihood. At the same time, as the project is distributed in linear shape along Lishui River and Loushui River, according to the analysis on each villager’s group, the permanent land acquisition shall affect 6 villages (residential committee). Cultivated land of 49.82mu shall be acquired for the project permanently, 8.3mu in average for each village. For the 5 villages who are in need of economic rehabilitation, the per capita cultivated land is 0.63mu and the per capita residual cultivated land is 0.62mu after land acquisition by the project (the percentage of land acquisition is 2.08%). All 11 affected village groups would lose less than 10% of their land holding. The relocatees affected by the project are rural residents and the income of agricultural population primarily comes from non-agriculture activities (average agricultural income of each family is RMB 1859 Yuan, accounting for only 24.2% of their total income viz: 7675). It is proposed that 11 affected agricultural laborers will engage in breeding industry. By means of analysis, their income will not be seriously reduced due to the decrease of land. The per capita net income is RMB 2038 before the land acquisition and the target income is RMB 2136. After economic rehabilitation, the income of the resettlers shall increase to RMB 2,160 and RMB 2250, which shall exceed target income. Through the above analysis, the potential impacts on the production and daily lives by the construction of the project will be relatively small and their income and livelihood could be retored and improved after resettlement and rehabilitation. More detail analysis is presented in Chapter 5.

38 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Nowadays, the topography of the project impact area is low and flat, and most areas often suffer from flood and waterlogging disasters, which restrict the development of local economy, the project construction has provided a chance for reconstruction of production system and social system for resettlers. After completion of the project, the capability of flood control and emergency service along the new dike will be greatly improved, and the disastrous degree of flood will be reduced, so as to provide a better environment that safeguard peoples’ lives and properties. At the same time, the circulation of the agricultural products and byproducts will be accelerated, and the development of local agricultural production will be improved. In addition, in combination with the RP implementation such as adjustment of agricultural planting structure and improvement of irrigation and water conservancy as well as reclamation of cultivated land, full exploitation of land resources potential is also a vital element of the protective policies on cultivated land used for land occupation of project construction to execute the land management law. According to the compensation system for cultivated land occupation, and the principle of "Land Quantity of the reclaimed should be Equivalent to that occupied for construction", the compensation will be made to the lost cultivated land so as to reach the balance of occupation and compensation, and by RP the resettlers will be relocated in the areas with considerably superior natural and traffic conditions, and social environment. Additionally, the preference and support will be given to the resettlers in the aspects of policies, technologies, funds, and substances, so as to ensure that they will restore or reach the former level as soon as possible.

39 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

3. Natural and Socio-Economic Conditions of the Project-Affected Areas

3.1 Natural Conditions of the Project-Affected Areas 1) Topographical and Geological Conditions The project area lies on the both banks of Lishui River in the basin before the mountain. It is a river alluvium deposit on the grade first and second terraces. The terrace surface is open and flat with the elevation of 90~96m, 88m for the lowest part. The influx of Loushui River and Lishui River forms a delta and a river center isle. The hypsography is slightly inclining from the west to the east along the lower reaches of Lishui River, forming a zonal river valley and basin. The project area lies at the joint of the Wuling umbo and the Shimen sag, exactly on the south wing of the Sangzhi synclinorium. The Cili – Dayong fracture developed along Lishui River runs through the project area. The embankment project area is 24.5km away from the Yangliupu fracture in its northwest, 13.5km away from the Baoan fracture in its southeast, and 2.5km away from the Yaojiaoshan fracture in its south. According to GB18306-2001 edition 1:4000000 China Earthquake Active Parameter Regionalization Map, in the project area, the earthquake peak value acceleration is 0.05g, the earthquake reaction spectrum characteristics cycle is 0.35s, and the corresponding basic seimice intensity is VI degree. It is a comparatively stable area. 2) Hydrologic and Meteorological Conditions This area belongs to the sub tropical humid climate. It has mild temperature, distinct four seasons and sufficient rainfall, which mainly centralizes between spring and autumn. The mean annual air temperature is 16.8℃ ; The mean annual rainfall is 1383mm; the smallest annual rainfall is 981.1mm (in 1992); the largest annual rainfall is 2103.3mm (in 1980), of which the rainfall between May and August accounts for 55% of the annual rainfall and the rainfall between May and August accounts for 54% of the rainfall between May and August. The mean annual evaporation is 1251.3mm. The mean annual wind speed is 1.4m/s; the main wind direction is northeast or southwest; the largest wind speed over the previous years is 33.0m/s, occurring in Oct, 1988. The mean annual wind speed during the flood period is 14.1 m/s. 3) Soil The distribution of the stratums in this area is relatively complex. Almost all the stratums belonged to from the Sinian System to the Quaternary System are exposed in this area. The carbonate rock of the Sinian System and the Ordovician System and the stone shivers of the Silurian System and the

40 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Devonican System are widely distributed in the south part of Lishui River; the stratums of the Tertiary System and the Quaternary System are mainly distributed on the terraces along the both banks of Lishui River. Within the project area there is the alluvium deposit of the Quaternary System mostly in dualistic structure with silty clay, clay and loam in the upper part, and silt sand and gravel layer in the lower part. 4) Mineral Resources The mineral resources discovered are classified as 7 groups and 7 kinds, mainly nickle, molybdenum, realgar, soft coal and marble, especially marble with a reserve of 30 million m3 and good quality, which is in the initial development but is well-known at home and abroad, therefore, Cili County is also named after the “Marble land ”. 5) Tourist Resources Cili County is well-known for its Taoism shrine of Wulei and Xingzi Mounts, steep cliff and placid lake,Zhaojiaya, the outstanding perilous brook in the world, Taohua Brook, towering perilous Cliff, Yunzhao Mount, Mysterious Dinosaur and Dragon King Caves, lake with hundreds of islands, Longtan River, the humasticl and historic scenic spots such as Xigu Town and Yupu Academy, as well as the newly-developed Yanbodu fish food culture center. Cili County is the gateway of Xiangxi (the west of Hunan Province) with convenient transportation and rich tourist resources in the peripheral areas, including Taohuayuan on the south, Jiashan Temple on the east, Tianmen Mount and Mengdong River on the west, the natural heritage site in the world - Wulingyuan on the north-west, which radiate from the Cili County toward the surrounding, only 1 or 2 hours driving from Cili County , where a variety of scenery and folk customs supplementary each other.

3.2 Socio-Economic Conditions in the Affected Areas of Project Cili County is situated in the northwest of Hunan Province with a covering area of 3276km2, a population of 0.6757 million. The total GDP for 2005 was RMB 3.57 billion yuan, including RMB 901.67 million yuan for the primary industry; RMB 1165.55 million yuan for the secondary industry; RMB 1507.14 million yuan for the tertiary industry. The structure of the primary, secondary and tertiary industry three industries was adjusted from 27.3:32.5:43.2 to 25.2:32.6:42.2. 1) Agriculture and Agricultural Economy: for the whole year, the total output of agriculture, forestry, animal husbanry, sideline and fishery was RMB 1457.26 million yuan. The whole county had 0.3628 million mu cultivated area, including 0.2281 million mu paddy fields and 0.1347 million mu drylands. The number of pig for sale was 0.535 million; that of cattle for sale was 0.0258 million; that of sheep for sale was 0.152 million; that of poultry for sale was 2.34 million, by the end of the year, 1.22 million poultry stored in cages; and the output of the poultry’s eggs was 85.50 million tons. The

41 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

freshwater breeding area was 0.0453 million mu; the output of aquatic products was 45.10 tons, including the fresh fish output of 44.63 tons. 2) Industry: For the whole year, the whole county completed an industrial increase value of RMB 895.59 million yuan, of which, the industrial enterprises of above certain dimension completed an industrial increase value of RMB 630.50 million yuan and the industrial enterprises of below certain dimension completed an industrial increase value of RMB 265.09 million yuan. The sales output of RMB 1596.62 million yuan was achieved, and the products’ sales rate was 99.8%. The 39 industrial enterprises of above certain dimension completed products sales incomes of RMB 1108.20 million yuan; realized a total profit amount of RMB 11.95 million yuan and a total tax amount of RMB 41.92 million yuan. The enterprises in deficit had increased their losses to RMB 12 million yuan with RMB 2.69 million yuan of losses increased. 3) Education and Culture: The whole county had 2 intermediate vocational technical schools with in-school students of 5847, 5 senior middle schools with in-school students of 10,944, 35 junior middle schools with in-school students of 27,254, 148 primary schools with in-school students of 38,329 and 97 kindergardens with children of 15,627. The whole county had 3,564 students to take the entrance examination into universiies and colleges with 1717 students admit by colleges and 1670 students admit by junior colleges. The whole county possessed 31 cultural stations, 1 artistic show group, 1 public library with a storage of 80,000 books, 1 broadcasting station with TV coverage rate of 93% and 16,000 CATV users, 39 health agencies with 1946 medical personnel including 717 doctors and 447 nurses. 4) Population, People’s livelihood and Social Insurance: the registered households totaled 0.2318 million with population totaling 0.683 million, including 0.4872 million agricultural population and 0.1830 million for non-agricultural population. For the whole year, the new-born population was 9,186 and the died population was 4031. According to the statstics by the family planning dept., the population birth rate was 10.16‰, the death rate was 5.46‰ and the natural increase rate was 4.70‰. By the end of the year, all employed personnel in different units were 14518, including on-post staff of 14,144 with annual salary per capita of RMB 11,536 yuan, of which, 19,181 people received the unemployment insurance, 22,424 people attended the basic retirement insurance and 19,800 people attended the basic medicare insurance. The labor remuneration per capita for employed personnel in urban units was RMB 13,927 yuan. The net income per capita for farmers was RMB 2,050 yuan.

42 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

3.3 Socio-Economic Conditions of Townships (Sub-districts) and Villages in the Affected Areas of the Project The land requisition will have certain influences on 1 township (Sub-district), and 8 administrative villages (residential committees). From Feb. to April of 2006, under the unified arrangement of the provincial PMO, Cili County PMO organized County Resettlement Office and the other relevant local department as well as resettlement design unit to carry out the detailed investigation on various aspects of basic socio-economic conditions and production as well as livelihood of project-affected development zone and village (Residential Committee). 1) Socio-Economic Conditions in the Affected Towns (Sub-district) According to the investigation, in the affected Lingyang Town, there are 16 villages and residential committees with a population of 82923 in 24246 households, including an agricultural population of 69921 in 17426 households, accounting for 84.32% of the total rural population. The Lingyang Town has a cultivated land area of 59420.8mu (including 11153.5mu paddy fields), and cultivated land per capita was 0.63mu; In 2005, the gross incomes of the agricultural was RMB332.1984 million yuan. For the details, see Table 3.3-1. 2) Basic Conditions in the Affected Villages (residential committees) The investigation shows that the 8 affected administrative villages (residential committees) have a population of 17,612, including an agricultural population of 11,652, accounting for 66.16% of the total population; The current cultivated land area is 7971.4mu, including 863 mu for paddy fields, 5476.1.4mu for dry farmlands, and 1,632 mu of vegetable land; the average per capita farmland is 0.62 mu among agricultural population. According to the investigation, the income per capita of the 8 administrative villages (residential committees) is RMB 1670 yuan/year~2672yuan/year. In 2005, the average income per capita of the affected villages (residential committees) was RMB 2368yuan/year, slightly higher than the average level for Cili County or 2050 yuan per capita. Among the 8 administrative villages (residential committees), there are 4877 minorities, or 27.7% of the total population. The main minority is Tujia Minority. In addition, there are 355 persons in the vulnerable group, such as poverty- stricken, disabled families and deformities and aged people’s families that live alone, accounting for 1.9% of the total population. For the basic conditions of the affected villages in the project, see Table 3.3-2.

43 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

The Socio-Economic Conditions of the Affected Towns and Townships (Sub-districts) by Cili County Urban Flood Control Project Table 3.3-1

Indices Unit Total Lingyang Town I Basic conditions (I) Residential committee 16 16 1. Villages with electricity 16 16 2. Villages with postal communication 16 16 3. Villages with telephone 16 16 4. Villages with highways 16 16 ()Ⅱ Households in villages household 24246 24246 1. Non-agricultural households household 6820 6820 2. Agricultural households household 17426 17426 (Ⅲ) Population in Villages person 82923 82923 1. Non-agricultural population person 13002 13002 2. Agricultural population person 69921 69921 (Ⅳ) Labor forces in villages person 12917 62300 II Agricultural production conditions (I) Cultivated area mu 59420.8 59420.8 1.Paddy field mu 15530.5 15530.5 2.Dry farmland mu 26681.5 26681.5 3. Market vegetable plot 17208.8 17208.8 (II) Yield of grain mu 18925 18925 (III) Per capita plantation area of agricultural population mu/person 0.63 0.63 III Economic conditions of countryside (I) Agricultural income 104 yuan 1. Total agricultural income 104 yuan 33219.84 33219.84 2. Net agricultural income 104 yuan 13841.6 13841.6 (II) Income per capita Yuan 2050 2050

44 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

The Basic Conditions of the Affected Villages (Residential Committees) by Cili County Urban Flood Control Project Table 3.3-2

Underprivileged Population (person) Plantation area (mu) National Minority Remark Town and Village Plantation area Income of Group township (Residential Market of per capita per capita Agricultural Non-agricultural Paddy Dry Population Percentage Population Percentage (Sub-district) Committee) Total Total vegetable (mu) (yuan /year) population population field farmland (person) (%) (person) (%) plot Lingyang 17612 11652 5960 7971.4 863 5476.1 1632.3 0.68 2368 4877 27.7 335 1.9 Tujia Minority Shuang’an 5100 2910 2190 1660 1330 330 0.57 2410 714 14.0 44 0.9 as the national minority Tujia Minority Baiyun 1040 1040 335 75 260 2000 634 61.0 33 3.2 as the national minority Tujia Minority Beigang 1613 1613 1039 253 786 0.64 1713 526 32.6 29 1.8 as the national minority Tujia Minority Taiping 2608 2018 590 1334.9 1152.6 182.3 0.66 1546 868 33.3 65 2.5 as the national minority Tujia Minority Jintai 880 810 70 550 100 450 0.68 1827 108 12.3 67 7.6 as the national minority Tujia Minority Yong’an 2703 2418 285 1272 70 102 1100 0.53 2750 358 13.2 21 0.8 as the national minority Tujia Minority Liangzhongchang 2100 315 1785 541.5 541.5 1.72 1610 728 34.7 51 2.4 as the national minority Tujia Minority Lingxi 1568 1568 1239 365 854 20 0.8 2068 941 60 25 1.5 as the national minority

45 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

3.4 Basic Conditions of Relocatees 3.4.1 Investigation Objectives 1) Introducing the positive significance of urban flood control project to the relocatees; 2) Investigating and comprehending the affected degree of the relocatees; 3) Soliciting opinions from the relocatees to reflect their willingness in the schedules of rehabilitation for production and livelihood 4) Analyzing the economic incomes and expenditures, determining the economic development objective and providing accurate basis for resettlement planning; 5) Establishing economic incomes model for relocatee’s families; and analyzing and forecasting changes of economic incomes. 3.4.2 Investigation Content The socio-economic investigation is classified into two kinds: one kind is investigation on the basic social and economic conditions of affected households; the other is investigation on the attitudes of the relocatees towards resettlement. 1) Basic Conditions of Affected Households ① Basic Family Condition: includes family members, age, sex, educational level, employment, nationality, housing area and structure. ② Household Properties: The means of livelihood consist of big furniture, color (black and white) TV, refrigerator, washing machine, VCD, air conditioner, water heater, electric fan, electric cooker, motorcycle, bicycle, telephone, etc; While the means of production comprise land, water surface, household industrial and subsidiary production as well as production machinery such as tractor, thresher, grinder, water pump, livestock for cultivation, agricultural tricycle, automobile, motorcycle and barge. ③ Agricultural production conditions and income levels: The contracted land comprises cultivated land, garden plot, woodland and lands for other usage; The yield of agricultural products consist of grain yield, other crops’ yield and grain possession; The household incomes include incomes from plantation, animal husbandry and other non-agriculture; The household expenditures include expenditures for living, interpersonal communication, education, agricultural costs, taxes and others; The annual net income per capita of households. 2) Investigation on relocatees’ willingness The investigation on relocatees’ willingness mainly consists of the awareness on the project, channels to comprehend the project, attitude, expected production and resettlement modes in addition to the other most concerned problems.

46 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

3.4.3 Investigation Method and Procedure Between Feb. and April of 2006, the resettlement survey team, under the cooperation of the governments at all levels in the project area, conducted a detailed survey on the basic social economic conditions of the affected households and the relocatees’ willingness. 1) Investigation on the Basic Conditions of Affected Households For the investigation on the basic conditions of affected households, a sampling survey in site was made to the affected households. After filling the questions of survey form, the affected households made signature for confirmation. 33 households within the affected area of the project were selected as the sample, accounting for 82.5% of the total affected households. The samples are representative and typical, and can be used for basis for the project impact analysis. For the detailed sample survey distribution of removed households, see Table 3.4-1.

Sampling Distribution Table of the Affected People Households due to the Resettlement Project

Table 3.4-1 Township Affected Total Affected Sampling Sampling Percentage Remarks (Sub-district) Villages Households Households (%) Total 8 40 33 82.5 Lingyang 4 40 33 82.5 Shuang’an 3 3 100 Village Beigang Village 8 7 87.5 Taiping Village 22 19 86.4 Yong’an Village 7 4 57.1

2) Investigation on relocatees’ willingness and attitudes Investigation on relocatees’ willingness adopts the mode of sample survey with a sampling ratio of 58%. The resettlement planning team prepared a survey form. The different levels of governments organize people to distribute survey forms in the project areas and ask affected people to fill up. In the affected area of the project, there are 19 survey forms issued to the relocatees, and 19 effective forms returned with an effective ratio of 100%. 3.4.4 Investigation Results and Analysis 1) Investigation on the Basic Conditions of Removed Households The sample survey and analysis shows that: ① Household Size of the affected households: 3.24 persons / family in average in the affected area of the project, including 2.24 persons for labor forces with age 17~60, 0.48 person of younger than 17 years old and 0.55 person of older than 60 years old.

47 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

② Gender Percentage: The male/female ratio in the project area is 1.12:1. ③ Age makeup: The labour forces at age of 17~60 possess 63.1% of the total population, 26.1% for younger than 17 years old and 10.8% for older than 60 years old. ④ Ethnic Background: The 41.5% of the affected people are classified as Han Nationality, and 58.5% as the minorities. ⑤ Educational level: In the affected area of the project, every 100 persons, there are 2 persons with educational level of higher than senior middle school, 33 persons with educational level of senior middle school, 35 persons with educational level of junior middle school, 18 persons with primary school and 11 illiteracies or half-illiteracies. ⑥ Housing area per capita: The housing area for every household is 207m2 and that per capita is 63.88m2. The structures of houses are mainly brick-concrete and brick wood structure. ⑦ The land contracted by the collective: In countryside, each household contracts 1.68 mu of cultivated land, averaging 0.52mu per capita; The grain yield of each household is 1248kg in average 385kg per person. ⑧ Family property: For every 100 households, there are 172 TVs (21 for Black and White TV and 151 for Colour TV), 86 refrigerators, 107 washing machines, 72 fixed phones and 40 mobile phones. ⑨ Economic incomes and expenditure: Each household has an annual total income of RMB 7675yuan, averaging RMB 2368yuan per capita; Each household has an annual total expenditures of RMB 6302 yuan, the annual expenditure per capita is RMB 1324yuan; Each household has an annual net income of RMB 6605 yuan, averaging RMB 2038 yuan per capita. For the total basic conditions of the affected households by the project, see Table 3.4-2. Summary Table for Basic Conditions of Households of Cili County Urban Flood Control Project Table 3.4-2

Total Samples (33 Minority Households (24 households) households) Items Unit Indices per Indices Indices per Total Total per household household I Affected household size 1.Total Population of person 107 3.24 80 3.33 Household Including: female person 51 1.55 39 1.63 2.Labor forces of 17~60 years person 74 2.24 55 2.29 old 3.Population younger person 16 0.48 12 0.50 than 17

48 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Summary Table for Basic Conditions of Households of Cili County Urban Flood Control Project Table 3.4-2

Total Samples (33 Minority Households (24 households) households) Items Unit Indices per Indices Indices per Total Total per household household 4.Population older than person 18 0.55 13 0.54 60 II Educational level 1.More than senior high school person 2 0.06 1 0.04 2.Senior high school person 41 1.24 31 1.29 3.Junior high school person 35 1.06 27 1.13 4.Primary school person 18 0.55 13 0.54 5.Non-educated person 11 0.33 8 0.33 III Nationalities 1.Han Nationality person 43 1.16 16 0.67 2.National Minority person 64 1.73 64 2.67 IV. Housing area 1.Housing area per household m2 14508 207 5160 215 2.Housing area per m2 14766 63.88 5160 64.56 capita V. Agricultural production 1.Contracted plantation area mu 67 1.68 41.8 1.74 per household 2.Plantation area per capita mu/person 67 0.52 41.8 0.52 3.Grain yield kg 59488 1248 37078 1545 4.Grain occupation per kg/person 59488 338 37078 464 capita VI. Household property 1.TV piece 45 1.36 34 1.42 Including: color TV piece 25 0.76 19 0.79 2. Refrigerator piece 17 0.52 13 0.54 3. Washing machine piece 18 0.55 13 0.54 VII. Annual total incomes 253275 7675 189364 7890 1.Agricultural incomes yuan 112665 3045 84236 3510 2.Non-agricultural income yuan 131720 3560 98482 4103 VIII. Annual consumption yuan 187294 5062 140033 5835 expenditure 1.Living expenditure yuan 49654 1342 37124 1547 2.Production expenditure yuan 88060 2380 65839 2743 3.Other expenditures yuan 49580 1340 37069 1545 IX. Annual net 217965 6605 162964 6790 household income

49 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2) Basic Attitude of Affected People The sample survey and analysis shows that: ① Have knowledge with the project: 97.6% of the affected people claimed that they had knowledge of the project but 2.4% are on the contrary. ② Sources of information: 90.2% of the affected people get known from the investigation persons and 9.8% from the residents of the neighboring villages. ③ Support attitude: All affected people hold an attitude of supporting to the project. ④ Views on Impact: 90.5% of the affected people think the flood control benefit is obvious, and by the way of the reasonable compensation, the negative impacts can be alleviated; 5.1% think the flood control benefit is obvious, while the negative impacts are big; 4.4% think the flood control has no influence, but the removal will bring a certain negative impacts. ⑤ Resettlement Approach: For urban resettlers, 100% choose the cash compensation for rehabilitation, and would like to purchase houses by themselves. ⑥ Economic rehabilitation: 85.1% ask for replacement land through land adjustment, and of 14.9% resettlers ask for cash compensation.

3.5 Social and Economic Effects for Resettlement to the Affected Population The project implementation will produce a certain impact on socio-economic factor: 1. The affected area is located at the junction of the rural and urban areas with good infrastructure conditions, where the local farmers have a lot of opportunities in non-farm employment, such as daily labor and small business. Most those surplus labor forces have moved into the second and tertiary industry or individual business, gradually moving out of reliance in the land. According to the investigation, in 2005 in the affected Lingyang Town, there were 12917 employed labor forces, including 2057 non-agricultural population of industry, building construction, traffic, wholesale and retail, accounting for 15.92% of the rural labor forces. Analysis from the incomes structure, the annual total income per household of the affected households was RMB 7675 yuan, including RMB 1859 yuan for the agricultural incomes, only accounting for 24.2% of the total income. The investigation shows that in spite of the land loss, the local farmers will suffer the decrease of agricultural incomes, however, due to the small proportion for plantation in the total incomes, they will have little impacts on their production and living. 2. For farmers with land plantation as their main livelihood resources, the land loss will result in the loss of complete or partial means of production, however, as the project is linearly distributed along the Lishui

50 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

and Loushui Rivers, in the upstream of the Zishui River, the land acquisition of the project will result in not big influence on the agricultural production of resettlers, on average the 5 affected villages will lose their land of 2.08%. For 11 affected village groups, all of them would lose less than 10% of their land holding. However, for those households directly affected by land acquisition (111 housholds and 278 persons), every affected person will lose about 28.44% of their land holding. According to the on-spot investigation, it is known that, in the affected 11 villager’s groups, the No.15 villager’s group of Shuang’an Village has the largest amount of cultivated land loss or 15.2mu, and the land loss for other village groups ranged from 0.3 to 8.3mu. Most of the farmers have suffered little impacts. In addition, in the affected villages the agricultural resettlement mode of farmland adjustment will be adopted, which will maintain the traditional production mode and livelihood for the affected persons, and can restore, or even increase their income or living standard within short period of time. The cash compensation mode can also be directly adopted, so the farmers can invest the land compensation costs into various farm or nonfarm activities, such as adjusting planting structure, developing greenhouse vegetables, expanding animal husbandry and engaging in other nonfarm activities, which would increase their incomes and improve their current economic status. Therefore, the land occupation will produce little impacts on their production and livelihood. 3. For relocated households, the process of moving and decorating new houses will consume certain manpower and material resources for the affected households, which need to be considered by the project sponsors. The PMO will, according to the relevant policies, make compensation to their loss of moving and traffic costs, on site infrastructure costs for the new housing plots, and necessary transfer allowance during relocation and rehabilitation. In addition, the PMO and the local village committees will provide necessary assistance in the process. Therefore, the impacts from the project will be reduced to the minimum. 4. For the relocated enterprises and institutions, relocation needs a period of time or a certain procedure to identify new spaces, which will affect normal operation for a period of time and will result in the loss of operation incomes for them. According to the investigation, the affected 1 enterprise has been closed and staff have been transferred in other place, so their production and operation have no impact. The project construction will bring a certain influences on the residents and businesses within the project area, but the impact is little and after completion of the project, it will create favorable conditions for further development of Cili County, and facilitate the sustainable quick increase in economy.

51 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

4. Legal Framework and Policy

4.1Main Chinese Laws & Regulations and Policies for Resettlement 4.1.1 Policy Bases 4.1.1.1 National Laws and Regulations: 1. Land Administration Law of the People’s Republic of China. (The 8th Chairman Decree of PRC, issued on August 29,1998, starting implementation since January 1,1999) 2. Implementation Regulations for the Land Administration Law of the PRC. (The 256th State Council Decree of the PRC, issued on December 27,1998, starting since January 1,1999) 3. Urban Houses Demolition Administration Regulations of the PRC. (The 305th State Council Decree of the PRC, issued on June 13,2001, starting since November 1,2001) 4. Provisional Regulations on Cultivated Land Acquisition Tax of the PRC. (The GF [1987] NO.27 issued by the State Council: A Notice about Issuing by the State Council) 5. A Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] NO.28 issued by the State Council on October 21,2004) 6. A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3,2004) 7. Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydo Project (The 471th State Council Decree of the PRC, issued on July 7, 2006. 4.1.1.2 Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC. (Passed in the 14th Meeting of the 9th People’s Congress Standing Committee of Hunan Province on March 31,2000) 2. Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations of the PRC. (The 157th Decree issued by People’s Government of Hunan Province on July 12,2002, starting since September 1,2002) 3. Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province (Amendment) (Issued by the Hunan Province People’s Government on October 4,1987, and amended as the decision about amending Implementing Methods of the Cultivated Land Acquisition Tax of Hunan Province by Hunan Province People’s Government in May 4,1998) 4. A Notice about Improving “Basket Project”(XZF[1993]NO.25, issued by the Hunan Province People’s Government on November 6,1993)

52 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5. A Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System. (XJF [2003] NO.42) 6. Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation (XCZ[2003]No.10) 7. A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards (XZF [2005] No. 47) 4.1.2 Relevant Laws and Regulations 4.1.2.1 National Laws and Regulations 1. Selected Provisions of Land Administration Law of the PRC Article 2: The State may, on the necessity of public interest, requisition land collectively owned in accordance with law. The State practises the system of paid-for use for state-owned land in accordance with law. However, appropriation of state-owned land use right by the State within the scope prescribed by law is excluded. Article 10: Peasants' collectively-owned land that belongs to peasants' collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers' committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers' teams; the land that belongs to township(town) peasants' collective ownership shall be managed and administered by the township(town) rural collective economic organization. Article 14: Land collectively owned by peasants shall be contracted for management by members of the respective collective economic organization for cultivation, forestry, animal husbandry and fishery production. The duration of land contracting and management shall be 30 years. The contract issuing party and the contractor should conclude a contract agreeing on the rights and obligations of both parties. Peasants who contract management of the land have the obligation to protect and utilize the land pursuant to the agreement in the contract. Peasants' right to contract land for management is protected by law. Within the duration of land contracting and management, in the event of appropriate adjustment of land contracted among individual contractors, it must have the consent of over two thirds of the members of the villagers' conference or over two thirds of the villagers' representatives, and be submitted to the competent department of agriculture administration of township/town People’s Government and People’s Government at the county level for approval. Article 31: The State protects cultivated land and strictly controls turning cultivated land into

53 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

non-cultivated land. The State practises the system of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated land occupied and used in accordance with the principle of "quantity of reclaimed land being equivalent to that occupied". Where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land. Article 46: For land requisitioned by the State, local People’s Government at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. Owners and persons of the right to use of the requisitioned land should, within the specified time period of the announcement, bring the ownership certificates to the competent departments of the local People’s Governments to enter into registration for compensation for land requisition. Article 47: For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. Compensation fee for the cultivated land requisitioned includes land compensation fee, subsidies for resettlement as well as compensation fee for ground appendixes and young crops. Land compensation fee for the cultivated land requisitioned shall be 6-10 times of the average annual output value in the three years prior to requisition. Subsidies for resettlement for the cultivated land requisitioned shall be calculated on the basis of the agricultural population that requires resettlement. The agricultural population that requires resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the average occupancy of cultivated land of the unit requisitioned. The rate of subsidies for resettlement per head of the agricultural population that requires resettlement shall be 4-6 times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidies for resettlement for cultivated land requisitioned per hectare shall not exceed 15 times of the average annual output value in the three years prior to the requisition. The rate of land compensation fee and subsidies for resettlement for the requisition of other lands shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government, taking the rate of land compensation fee and subsidies for resettlement for the requisition of cultivated land as reference. Rate of compensation for ground appendixes and young crops on the requisitioned land shall be fixed by the provinces, autonomous regions and municipalities directly under the Central Government.

54 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

For requisition of suburban vegetable plots of municipalities, the land use unit should, pursuant to relevant provisions of the State, pay to the new vegetable plot development and construction fund. Additional subsidies for resettlement may be provided for those peasants who require resettlement and cannot maintain their original living standards on the basis of land compensation fee and subsidies for resettlement the payment of which is effected pursuant to the provisions of the Second Paragraph of this Article subject to the approval of People’s Governments of the provinces, autonomous regions and municipalities directly under the Central Government. However, the total of land compensation fee and subsidies for resettlement shall not exceed 30 times of the average annual output value in the three years prior to requisition of the land. The State Council may, in accordance with the level of social & economy development, increase the rate of land compensation fee and subsidies for resettlement under extraordinary circumstances. Article 48: Upon determination of the scheme for compensation and resettlement for land requisition, the local People’s Government concerned should make an announcement and seek the views of the rural collective economic organization and peasants of the requisitioned land. Article 49: The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision. It is forbidden to embezzle or divert the land compensation fees and other related expenses. Article 50: Local People’s Governments at all levels should provide support for rural collective economic organizations and peasants of the requisitioned land for development, management and establishment of enterprises. Article 54: Use of state-owned land for a construction project should be obtained in the form of onerous use such as transfer. However, the following use of land for construction may be obtained in the form of appropriation subject to the approval of the People’s Government at or above the county level in accordance with law: (1) Land use by state organs and land use for military purposes; (2) Land use for urban infrastructure and land use for non-profit undertakings; (3) Land use for such infrastructure as energy, communications and water conservancy to which the state renders key support; (4) Other land uses prescribed by laws and administrative regulations. Article 57: Construction of a construction project and geological survey that need to temporarily use state-owned land or land collectively owned by peasants, it should be subject to the approval of the competent department of land administration of the People’s Government above the county level. Among which, for temporary use of land within an urban planning zone, consent of the competent

55 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

department of urban planning should be sought first prior to submission for approval. The land user should conclude a contract for the temporary use of the land with the competent department of land administration concerned or the rural collective economic organization and villagers' committee in accordance with the ownership of the land, and effect the payment of compensation fee for the temporary use of the land. User of temporary use of the land should use the land according to the use agreed on in the contract for the temporary use of the land and shall not construct permanent constructions thereon. The duration of temporary use of land shall generally not exceed 2 years. Article 62: One household of villagers in a rural area can only possess one housing plot, the area of which shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Construction of villagers' residences in the rural areas should conform to the overall planning for township/town land utilization, and the best possible use of original house sites and idle land in the village. 2. Selected Provisions Urban Houses Demolition Administration Regulations of the PRC Article 22: The relocater should provide compensation to the relocatee in accordance with this Regulations. For the relocation of the peccancy building and the temporary building over approval term, the relocater shall not provide compensation. But for the relocation of the temporary building within the approval term, the relocation should provide proper compensation. Article 23: The ways of relocation compensation can be money compensation or property rights exchange of house. The relocatee can choose the way of relocation compensation. Article 24: The amount of money compensation should be considered according to the position, use and building area of the removed house and shall be confirmed with evaluating price in the realty mart. Article 25: For the way of property rights exchange of house, the relocater and the relocatee should calculate the compensation amount of removed house and the house price for exchange to balance the price difference of the property rights exchange according to the Article 24 of this Regulation. The relocation of auxiliaries of non-public welfare houses shall not be solved with property rights exchange, but with money compensation by the relocater. Article 28: The relocater should provide houses that accord with quality & safety standards of the State for resettlement. Article 31: The relocater should pay relocation subsidies for the relocatee or the tenant. During the transition term, in case of that the relocatee or the tenant settles for himself/herself, the relocater should pay subsidies for temporary resettlement; in case of that the relocatee or the tenant uses the revolving house, the relocation shall not pay subsidies for temporary resettlement.

56 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

3. Selected Provisions of Provisional Regulations on Cultivated Land Acquisition Tax of the PRC Article 2: The cultivated land called in this Regulation refers to the land for planting crops or the land that had been used for planting crops within the 3 years prior to acquisition. Article 3: All the units or individuals that acquire cultivated land for house building or for other non-agricultural construction, are the taxpayers of cultivated land acquisition tax (hereinafter called taxpayer), and should pay cultivated land acquisition tax according to this Regulations. Article 4: The cultivated land acquisition tax shall be calculated according to the actual area of acquired land by taxpayer and shall be assessed upon as the specified amount in one time. Article 5: The amount of cultivated land acquisition tax is controlled as follows: (1) Take county as one unit (same hereinafter). For the area where the average occupancy of cultivated land is under 1mu (including 1mu), the tax rate is 2-10 yuan/m2. (2) For the area where the average occupancy of cultivated land is 1-2mu (including 2mu), the tax rate is 1.6-8.0 yuan/m2. (3) For the area where the average occupancy of cultivated land is 2-3mu (including 3mu), the tax rate is 1.3-6.5 yuan/m2. (4) For the area where the average occupancy of cultivated land is over 3mu, the tax rate is1-5 yuan/m2. Article 9: The cultivated land acquisition tax should be assessed upon by the finance organ. After approving the cultivated land acquisition of unit and individual, the land administration department should give notice to the finance organ of same level in time. The unit or individual that is approved to requisition or acquire the cultivated land should declare tax-paying to the finance organ with the approval documents by the land administration department above county level. The land administration department shall assign land acquisition according to the tax-paying receipt or the approvable documents of requisition. 4. Selected Provisions of the Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (3) Strictly enforcing compensation system for land acquisition: The approved cultivated land acquired for the non-agricultural construction shall be compensated by the construction unit with the cultivated land of same quantity and quality. And the quantity and quality of cultivated land for supplement shall be converted according to its degree to prevent “more acquisition but fewer compensation, and compensation with bad cultivated land for cultivate land of high quality”. The construction unit --- which cannot compensate by itself ---- shall pay the cultivate land reclamation fee according to the provisions of each province, autonomous regions and municipalities directly under the Central Government. The cultivated land reclamation fee shall be administrated with special account, and cannot be reduced or

57 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

remitted or peculated. The cultivate land supplement fee for construction project invested by the government must be list into the project general calculation. (13) Properly resettling the farmers affected by land requisition: The local People’s Government above county level shall work out specific methods to ensure the further living of farmers affected by land requisition. The farmers affected by land requisition can use legally approved land for construction to buy a share of the projects with steady profit. For the inside of urban planning area, the local People’s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system and set up system of social security; for the outside of urban planning area, during the process of land requisition, the local People’s Government shall, in its administration area, leave some cultivated land or arrange job for the farmers affected by land requisition; for the farmers, who will lose their cultivated land and basic conditions of production and living, the local People’s Government shall resettle them in other area. The department for labourer and social security shall, together with relevant departments, make a directive about employment training and social security as soon as possible. (14) Perfecting land requisition procedure: During the process of land requisition, the farmers’ ownership of collectively-owned land and the farmers’ rights for land contracting and management shall be protected. Before report and approval, the farmers affected by land requisition shall be informed about the use, position, compensation standards, resettlement approaches of land to be requisitioned; and the investigation results about the present situation of land to be requisitioned must be confirmed by the rural collective economic organizations and the farmers affected by land requisition; and if necessary, the department of land and resources shall, according to relevant provisions, organize public hearing. The relevant data known and confirmed by the affected farmers by land requisition shall be part of necessary documents for approval of land requisition. The coordination and judgement system for compensation resettlement dispute shall be established and perfected as soon as possible to protect legal rights of the affected farmers by land requisition and the land user. Except the special cases, all the approved items for land requisition shall be publicized. (15) Strengthening the supervision on implementation process of land requisition: Land can not be requisitioned by force, if the compensation resettlement for land requisition was not fulfilled. The People’s Governments of province, autonomous regions and municipalities directly under the Central Government, according to the principle ---- which states that the compensation fee for land requisition is used mainly for the affected farmers, shall work out the assignment methods of compensation fee for land requisition inside the rural collective economic organization. The rural collective economic organizations shall publicize the expenses and receipts, assignment of compensation fee for land requisition to its members and take its members’ supervision.

58 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5. Selected Provisions of the Directive about Perfecting the System of Compensation Resettlement for Land Requisition (4) Assignment of land compensation fee: The land compensation fee shall be reasonably assigned, according to the principle ---- which states that the compensation fee for land requisition is used mainly for the affected farmers, inside the rural collective economic organization. The detailed assignment methods shall be work out by provincial People’s Government. The land compensation fee for rural collectivity ---- whose land is totally requisitioned and whose economic organization is disbanded at the same time, shall fully used for the production and living resettlement of the affected farmers by land requisition. (5) Resettlement of agricultural production: For the requisition of collectively-owned land outside the urban planning area, these kinds of land, such as rural collective non-planed land, contracted land handed back by contracting farmers, land for contracting transfer and land newly-added during land development and arrangement shall be used firstly as the necessary cultivated land for the affected farmers by land requisition in order to ensure their continuous agricultural productions. (6) Resettlement by new employment: The land requisition unit or the local People’s Government shall try its best to provide the affected farmers with free labor skill training and arrange them with proper jobs. Under the same conditions, the land requisition unit shall employ the affected farmers first. During the requisition of collectively-owned land in the urban planning area, the local People’s Government shall list the farmers who will lose cultivated land because of land requisition, into urban employment system, and set up system of social security. (9) Information of land requisition: Before reporting for approval, the local department of land and resources shall in written form inform the farmers and rural collective economic organization affected by land requisition, about the use, position, compensation standards, and resettlement ways of land to be requisitioned. All the attachments or young crops ----which are newly planted or built after informing by the farmers or rural collective economic organization affected by land requisition, shall not be compensated in requisition. (10) Confirming of land requisition investigation results: The local department of land and resources shall investigate the ownership, kind, area of the land to be requisitioned and the ownership, kind, area of land attachments. And the investigation results shall be confirmed together with the farmers and rural collective economic organization affected by land requisition, and the property owner of land attachments. (11) Organizing of evidentiary hearing for land requisition: Before reporting for approval, the local department of land and resources shall inform the farmers and rural collective economic organization affected by land requisition that they have the rights to apply evidentiary hearing of the compensation

59 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

standard and resettlement approach of the land to be requisition. If there is party applying for evidentiary hearing, the evidentiary hearing shall be organized according to relevant procedures and requirements of the Provisions for Evidentiary Hearing of Land Resources. (12) Publicizing of approval items for land requisition: For the land legally approved for requisition, the ministry of land and resources and its provincial department shall publicize the approval items by media, expect for the special cases referring to state secrets. The county (city) land and resources department shall publicize, according to the provisions of the proclaiming methods for land requisition, the approval items in the village or group affected by land requisition. (13) Payment of compensation resettlement fee for land requisition: After the compensation resettlement plan is approved by city, county People’s Government, the compensation resettlement fee shall be paid for the rural collective economic organization within the legally stated period. 6. Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project (The 471th State Council Decree of the PRC, issued on July 7, 2006. Article 22: For large and medium size water resources and hydropower projects the combined land compensation and resettlement subsidy shall be set at 16 times of average annual output value in the past three years. If the land compensation and resettlement subsidy could not meet the needs of restoring income and livelihood for the resettlers, they could be raised further, which should be submitted by the project sponsor to and approved by the project approving authority. For the compensation and resettlement subsidy for other acquired land areas, they should follow the relevant provincial regulations. For the compensations on the attached trees, young crops, they should also follow the relevant provincial regulations. For the affected houses and structures, they will be compensated based on their original scale, function and standards. If the compensation could not meet the needs of building houses for poor resettlers, additional compensation should be provided. For the stated owned culticated land areas used by other units or individuals, the compensation will follow the compensation for land acquisition of cultivated land. For the state owned unutilized land areas used by units and individuals, no compensation will be provided. After resettlement, the scattered trees and structures over flood line around reservoir that belong to resettlers should be compensated in line with Clause 3 and Clause 4 in this article. 4.1.2.2 Laws and Regulations of Hunan Province 1. Methods of Hunan Province for Implementing the Land Administration Law of the PRC Article 10: Where there are no conditions for reclamation or the reclaimed land does not conform to the requirements, the cultivated land reclamation fee should be paid to the land administration department

60 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

of provincial People’s Government as the following standards when applying for turning agricultural land into other use. After approval for acquisition of the basal farmland, the reclamation fee shall be 10-12 times of the average annual yield within the three years prior to acquisition. Among which of acquisition the vegetable land, the reclamation fee shall be 10-12 times of the average annual yield of adjacent paddy field within the three years prior to acquisition. After approval for acquisition of the other cultivated land except for the basal farmland, the reclamation fee shall be 6-10 times of the average annual yield within the three years prior to acquisition. The construction unit should list the cultivated land reclamation fee as construction cost into the general investment of the construction project. The land administration department of provincial People’s Government should save the cultivated land reclamation fee with special account according to the regulations of provincial People’s Government, organize reclamation as the planning and allocate enough reclamation fee to the unit that is responsible for the reclamation of cultivated land. Article 18: Land compensation fee for the acquired land shall be paid in accordance with following standards. (1) The compensation fee for cultivated land (including paddy field, dry farmland and vegetable land), fishpond and lotus pond, shall be 6-10 times of the average annual yield of the land in the 3 years prior to acquisition. (2) The compensation fee for fruit garden, tea garden and economic forestland, shall be 50%-100% of the compensation standard of the adjacent paddy field, and the compensation fee for other forestland shall be 30%-50% of the compensation standard of the adjacent paddy field. (3) The compensation fee for grazing land shall be 30% of the compensation standard of the adjacent paddy field. (4) The compensation fee for the land used for public facilities or public enterprise of township /town /village and the rural housing plot of villagers, shall be equal to the compensation standard of the adjacent paddy field. (5) The compensation fee for fields on the hill, wasteland and other unused land, shall be 20% of the compensation standard of the adjacent paddy field. Article 19: Resettlement subsidies for the acquisition land shall be paid in accordance with the Article 47 of the Land Administration Law. Resettlement subsidies for the acquisition of fishpond, lotus pond, fruit garden, tea garden and economic forest land shall be paid in accordance with the regulations for requisition of cultivated land. Resettlement subsidies for other forestland and grazing land shall be paid in accordance with 50% of the standard of the adjacent paddy field. For the requisition of the land used for public facilities or public enterprise of township/town/village, the

61 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

housing plot of villagers, and the land used for water conservancy, such as pond, channel, and dam, if it is necessary to rebuild, the resettlement subsidies shall be paid in accordance with the standards of rebuilding land; if unnecessary, the resettlement subsidies shall be paid appropriately. Resettlement subsidies shall not be paid for the requisition of barren hill or wasteland. Article 20: The compensation fee for the ground appendixes and young crops on the requisition land shall be paid in accordance with the following regulations. (1) The compensation for the young crops whose growing period is under 1 year, shall be paid according to the output value of one season, for the young crops whose growing period is over 1 year shall be paid according to the output value of 1 year. The compensation fee for the young crops shall also be paid with the actual loss according to the growing period. (2) The compensation for the forest trees that can be transplanted shall be paid transplanting fee together with actual loss. The forest trees that can’t be transplanted shall be evaluated and purchased, and the compensation for the forest trees that are lopped by the owner shall be paid with the actual loss. (3) Houses as well as other building and structures on the requisitioned land can be removed as compensation or purchased with equivalent price, or be compensated with equivalent houses, other buildings and structures. Article 32: One household of villagers in a rural area can only possess one housing plot, the area of which shall conform to the overall planning for land using of township/town. The cultivated land area of every household shall not exceed 130m2, the waste hill & land area shall not exceed 210 m2, and the other land area shall not exceed 180 m2. 2. Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulations (2002) Article 7: For rights, area, structure, use, etc of the removed house, it shall take the house ownership certificate as standards. For the item that is not given clear indication on the ownership certificate, it shall take the record of property right or other effective documents as standards. For the item that has been changed to other use, it shall take the approval documents by planning administration department and other relevant departments. Article 16: In the case of exchanging the property rights of removed houses, it is necessary for the relocater to provide resettlement houses that have legal procedure and accord with the quality & safety standards of the State and achieve resettlement only one time. For the transitional resettlement due to special conditions, it is necessary to arrange revolving houses according to Article 20 of this Method after the agreement with relocatee and houses demolition administration department. During the transition period, the design of replacement houses can be changed when relocater reaches an

62 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

agreement with relocatee. Article 17: The relocatee or the tenant of public house who possesses too small house area (calculated including his other houses in same urban planning area) and is treated with the lowest living protection shall be arranged with replacement housing to ensure the lowest living level. Article 18: In the case of exchanging the property rights of removed houses, the relocater should transact registration procedure of houses’ property rights for the relocatee in time. The departments and units for control of household, education, and medical treatment, should transact relevant procedures for the relocatee in time, such as household transferring, school transferring and medical treatment, in accordance with the resettlement certificate of house relocation that provided by relocatee. Article 19: For the relocation of houses for production and management, the relocater should pay the relocation subsidies for the relocatee or the tenant. For the equipment that can’t be removed or renewed to use, the relocater should pay relevant compensation. The amount of compensation fee and subsidies for relocation shall be confirmed in accordance with the actual expense for teardown, conveyance and installation of the production equipment or with the actual value of the disused production equipment. For the relocation of domicile, the relocater should pay the relocation subsidies for the relocatee or the tenant. In the case of resettlement of only one time, the relocater shall pay the relocation subsidies in one time; in the case of transitional resettlement, the relocater shall pay the relocation subsidies according to the relocation times, and the relocation subsidies shall be confirmed according to the actual requirement. In the case of that the relocater takes charge of relocation, the relocater shall not pay the relocation subsidies. Article 20: During the period of transitional resettlement, the relocater should pay the temporary resettlement subsidies for the relocatee or the tenant that arranges revolving for himself/herself. The amount of the temporary resettlement subsidies shall be confirmed in accordance with the rent for using the similar house with the removed house. For the relocatee or the tenant that can’t arrange house for himself/herself, the relocater should arrange revolving house with the similar area to the removed house, but it is unnecessary for the relocater to pay the temporary resettlement subsidies. 3. Methods for Implementing Cultivated Land Acquisition Tax of Hunan Province (Amendment) Article 2: In the case of acquisition of the following land owned by the State and the collectivity for house building or non-agricultural construction, the unit or individual that acquires land should pay cultivated land acquisition tax in accordance with this Method.

63 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

(1)The paddy field and the dry farmland for planting crops, including cultivated land, newly cultivated land, rotation land and the land that had been used for planting crops in the 3 years prior to acquisition. (2)The land that is used mainly for planting crops and accidently for planting mulberry, tea tree, fruit tree and other forest trees, and the shoaly land that is used through reclaiming around. (3)Fishpond, lotus pond, vegetable land, garden plot (including seed plot, flower plot, drug plot, tea garden, fruit garden, mulberry garden and garden for planting other economic forest trees). Article 3: The amount of cultivated land acquisition tax shall be calculated in accordance with the actual acquisition area of above land by the taxpayer and specified amount standard of acquisition tax, and shall be assessed upon in only one time. Article 4: It shall take the average occupancy per head of cultivated land as its main bases of the amount standard of cultivated land acquisition tax, and the amount standard shall be determined according to the natural conditions and the economic development of each area. With the unit of county (including county-level city, same hereinafter), the average occupancy per head of cultivated land shall be calculated in accordance with the gross of population and cultivated land that are counted by local statistical department. The specific amount standards of acquisition tax are regulated as follows. (1)Take the county as the unit (same hereinafter). For the area where the average occupancy per head of cultivated land is under 0.5mu (including 0.5mu), the amount standard of acquisition tax is 6-10 yuan/m2. (2) For the area where the average occupancy per head of cultivated land is 0.5-1.0mu (including 1.0 mu), the amount standard of acquisition tax is 4-8 yuan/m2. (3) For the area where the average occupancy per head of cultivated land is over 1.0mu, the amount standard of acquisition tax is 3-7 yuan/m2. (4) For the acquisition of special vegetable land and fishpond for house building or other non-agricultural construction, the amount standard of acquisition tax is 10 yuan/m2. 4. A Notice about Improving “Basket Project” The planning department shall list the productive resources, which are used for the regulation of new vegetable land development fund, as the planning standards: for City, it is 20,000 yuan/mu; for the other cities under the Hunan Province, it is 15,000 yuan/mu; for the cities on planning list, it is 10,000 yuan/mu; for the cities under some area of Hunan Province, it is 7,000 yuan/mu; for county towns, it is 5,000 yuan/mu. 5. A Notice by Hunan Provincial Commodity Price Bureau and Finance Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System The degree area of Cili County is the fourth class. The detailed standards for reclamation fee of cultivated land

64 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

are listed as follows. 1) Paddy Field: 8000 yuan/mu; 2) Dry Farmland: 5000 yuan/mu. 6. Hunan Provincial Methods regarding Collection, Usage and Management of Rehabilitation Fee for Forest Vegetation (XCZ [2003] No.10) Article 6: The expropriation standards of forest vegetation rehabilitation fee shall be determined according to the survey and design cost and the forestation and cultivation cost, which are needed for rehabilitating forest vegetation. And the rehabilitation area shall not be less than the forestland area in acquired or requisitioned land. The detailed expropriation standards are as follows: 1) For timber forest, economic forest, firewood forest and nursery land, it is 6 yuan/m2; 2) For immature forest, it is 4 yuan/m2; 3) For protection forest, it is 8 yuan/m2, while for forest with special purposes, it is 10 yuan/m2; 4) For open woodland and shrub land, it is 3 yuan/m2. 5) For suitable land for forest, clear cut area, burned land, it is 2 yuan/m2; The forest land in city or in urban planning area, it can be charged according to 2 times of the standards above. For the forest land which is occupied by farmers for housing construction, no rehabilitation fee shall be charged during the period of the 10th 5-year plan. Unless otherwise express provisions, no unit or individual has the rights to reduce or remit the rehabilitation fee. 7. A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards (XZB [2005] No. 47) The land requisition annual output standards in Zhangjiajie City: 1) Paddy Field of Class I: 1650 yuan/mu; Paddy Field of Class II: 1400 yuan/mu; 2) Dry Farmland: 1050 yuan/mu 3) Special Vegetable Plot of Class I: 2600 yuan/mu; Special Vegetable Plot of Class II: 2300 yuan/mu; 4) Special Fish Pond of Class I: 2200 yuan/mu; Special Fish Pond of Class II: 1900 yuan/mu. The adjustment factor in Cili County is 0.9.

4.2 Relevant Articles of the ADB 4.2.1 Policy Bases (1) Reluctant Resettlement Policy of the ADB (issued in November, 1995) and Resettlement Manual of the ADB ---Doable Practice Direction (issued in 1998) (2) Policy about national minorities of the ADB

65 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

(3) Policy about poor supporting of the ADB 4.2.2 Relevant Policies and Regulations The Resettlement Policy of the ADB includes the principles as follows. (1) Involuntary resettlement should be avoided where feasible. (2) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (3) People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. (4) People affected should be informed fully and consulted on resettlement and compensation options. (5) Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities. (6) The absence of a formal legal title to land by some affected groups should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status. (7) As far as possible, involuntary resettlement should be conceived and executed as a part of the project. (8) ADB policy requirements pay special emphasis on extreme poor families, women headed families, and other vulnerable social groups. These vulnerable groups should be provided special assistance so that their current status could be improved. 4.3 Compensation Standards for Project 4.3.1 Compensation Qualification All the owners and users of the buildings and land in the area of project land acquisition demolition shall get reasonable compensation or help. County Demolition Office will issue Houses Demolition Proclamation and publicizes the relocaters, relocated areas and demolition time limit, etc. within 3 days after issuing Houses Demolition and Relocation License; and notifies the relative departments in written form to stop processing the following procedures within the relocated areas in relocation time limit. 1) Release the procedures of business license using demolished house as business place. 2) The procedures of trade, exchange, division, donation, transfer and mortgage, etc. of the demolished house, excepting the effective judgements and procedures executed for adjudication issued by People’s Court or arbitration institutions. 3) Examination and approval procedures of new-building, expansion, rebuilding and character changing of houses or auxiliaries.

66 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

In this project, the cut-off date regulated by the government is considered as the date of finally determining that it is in accordance with the compensation conditions. People affected by the project include those who will lose land and house due to the project construction. The compensation or rehabilitation will be processed according to their loss type and quantity, and whether the loss is within the final construction drawing finished within the time limit regulated by the government; or will be treated as being temporarily affected in the construction period. After the cut-off date, the newly developed cultivated land, built houses or moved in persons in the project affected area will not meet the compensation or subsidy conditions. 4.3.2 Principles of Compensation Rehabilitation 1) The RAP should be based on the social and economic survey and the statistics of the physical indices surveyed in the affected project area. It should also conform to the current national and local land acquisition laws and policies and policy of involuntary resettlement established by ADB. 2) The engineering design should be optimized in order to protect the land and minimize the impact by the land acquisition and resettlement. To minimize the number of involuntary relocatees, the project should avoid the areas with high population density and multi-storied buildings as much as possible. Better construction methods and other measures should be taken to reduce the disturbance to people. 3) All the compensations and resettlements for the involuntary relocatees should be a part of the project. In order to benefit the relocatee, sufficient funds should be available to them. 4) It should be ensured that all the affected persons’ loss caused by the project would be compensated before the remove. Reasonable resettlement and effective rehabilitation should be conducted and provide assistance for their temporary difficulties during transfer. 5) It should be ensure that, after the resettlement, the living conditions, productivity and income level of all affected persons could come back to or exceed the level without the project. 6) There is no deduction for depreciation or any kind of discount for house and other asset compensation, which should be based on replacement values. Compensation can be made in cash or in kinds (such as exchange of property rights). No matter by what means, the compensation should be enough to buy a house with similar structure and condition of the same size in the same area. The project sponsor has the responsibility to recommend affordable houses to the relocatees, and help them deal with the transactions (including some preferential benefits). 7) All the persons and buildings that are negatively affected by the project should be compensated. The compensation and help should not be canceled because of the incompleteness of residence register, lease and operation register. 8) No compensation or relocation could be given to the people who enters the project area and occupies any land or house beyond the deadline as stipulated. Anyone who refuses to sign the compensation for

67 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

relocation contract or refuses to remove after the contract was signed will be treated according to relevant judicial programs or laws. 9) Relocatees’ loss will be compensated during the moving and transfer process. The recommended host area should be provided with elementary basic infrastructure and service facilities. 10) Non-residential units’ loss caused by remove and suspension of business will be compensated. Reconstruction within the affected areas and relocation in outside area should conform to the planning requirements, as well as the second- remove should be avoided in the coming days. 11) Vulnerable group should be treated reasonably. The project sponsor should help them with choosing and moving their houses. 12) The owners of the infrastructure should be compensated. The compensation should be used for the reconstruction of affected infrastructure and rehabilitation of the function. 13) Land acquisition and the loss caused by land acquisition should be compensated reasonably. Compensation for land acquisition will be paid to the collective organization to develop the collective economy, improve the public facilities and provide rehabilitation to affected villagers. The resettlement subsidies will be paid to the resettlement sponsors or the resettled individuals to pay the insurance fee. 14) All the fees for land acquisition should be paid within three months after the compensation and resettlement program get approved. It should also be no later than the day the land is put into construction use. 15) Generally, the temporarily land acquisition should not be longer than two years. The user should restore the conditions of the occupied cultivated land within one year after its occupation. When the collective land is occupied, a temporary land acquisition contract should be signed between the temporary land occupier and the collective economic organization or the residential committee and compensation for temporary land acquisition should be paid. The temporary land acquisition compensation should cover the loss to the former owner and user of the land (including the agriculture taxes). The standard of compensation should be increased and the former user of the land should be resettled appropriately if the use purpose or property right of the land changes when it was returned. If the temporarily land acquisition exceeds two years, the acquisition procedure should be handled again. 16) In order to insure the living standards and income levels will not decrease, all the labor forces affected by the land acquisition and resettlement should be provided with employment opportunity. Rehabilitation by allocating replacement land is encouraged, supplemented by development of second and tertiary industries. The villagers can choose to find a job by oneself. 17) Encourage the relocatee to participate in the preparation of resettlement planning and the process of resettlement; let the relocatee know the compensation and resettlement policies and standards. It should widely collect opinions of the affected persons during survey, and incorporate them in the RP

68 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

report. 18) Seriously consider the complaints made by the affected person and help them with their difficulties and inconvenience in land acquisition and relocation reasonably and practically. The problems or dissatisfactions with the compensation standards should be resolved mainly through negotiation. If negotiation does not work, arbitration even a country appeal could be carried out. Any compulsive actions by the resettlement sponsor should conform to relevant laws. 19) Relative organizations should cooperate together to intensify the resettlement organizations at all levels and train all the staff that will go to duties. 20) In the process of the project, the County PMO is responsible for monitoring the interior implement of the project, hiring an independent organization to do the exterior monitoring and submitting the monitoring report to ADB periodically. Resettlement Assessment will be carried out after the project. 21) Any important changes made in the implement of resettlement (such as decreasing the compensation standards, changing the location or scale of the land acquisition for the project, new sub-project, changing any sub-project into a domestic invested one) should be reported to ADB in advance. If necessary, the resettlement planning can be revised or other resettlement can be prepared. 22) If other non-ADB project demolition occurs ahead or simultaneously in the ADB project area, the ADB project can take the advantage of other project under the condition that all the compensation and resettlement standards accord to the resettlement planning. 4.3.3 Compensation Reference and Standard for Land Acquisition 4.3.3.1 Permanent Land Acquisition of Project z Collectively Owned Land (1) Compensation Standards for Cultivated Land Acquisition 1) Analysis on Output Value of Cultivated Land According to the relevant provisions of XZBF [2005] No.47 document, A Notice by General Office of Hunan Provincial People’s Government about Issuing Land Requisition Annual Output Standards, the annual output of Zhangjiajie City is listed as follows: 1650 yuan/mu for paddy field of class I, 1400 yuan/mu for paddy field of class II; 1050 yuan/mu for dry farmland; 2600 yuan/mu for vegetable plot of class I, 2300 yuan/mu for special vegetable plot of class II. For Cili County, the annual output value of paddy field is 1525 yuan/mu (average of the annual output values of class I and class II), the annual output value of dry farmland is 1050 yuan/mu, and the annual output value of market vegetable plot is 2300 yuan/mu (standard for class II vegetable plot). According to the adjustment factor in Cili County (0.9), the per mu annual output of paddy field in Cili County is 1372.5 yuan/mu, that of dry farmland is 945 yuan/mu, and that of vegetable plot is 2070 yuan/mu. 2) Multiple of Land Compensation and Resettlement Subsidy

69 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

According to the relevant regulations from Land Administration Law, Land Acquisition and Resettlement Regulation for Large and Medium Water Resources and Hydro Project, and Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, land compensation for the acquired cultivated land is 10 times of the average annual output value of the land per mu in the previous 3 years before land acquisition, and resettlement subsidy for each persons requiring economic rehabilitation is 6 times of the output value per mu. The young crops of less than one year growth period is compensated for according to output value of a season; and the cost of young crops is calculated as 40 percent of the annual output value according to farming system of the cultivated land in the project area. 3) Unit Price of Compensation According to annual output value of the cultivated land per mu in the project area as well as compensation multiple, the unit price of compensation is calculated as 22509 yuan per mu for paddy field, and 15498 yuan per mu for dry farmland. According to A Notice about Improving “Basket Project”(XZF[1993]No.25), the unit price of compensation for vegetable plot in Cili County, a county of region-level in Hunan Province, is calculated to be 38948 yuan/mu as the unit price of compensation for paddy field plus the new vegetable plot construction funds (5000 yuan/mu). (2) Compensation Standards for Flood Land Acquisition The compensation for flood land acquisition is calculated to be 9299 yuan/mu as per 60% of the compensation standards for dry farmland. (3) Compensation Standards for Garden land Acquisition According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for garden land acquisition shall be 50 percent to 100 percent of compensation standards for the paddy field near the land. The resettlement subsidy shall be executed with reference to the regulations of the cultivated land. All the garden land requisitioned in this project is orange garden with bad varieties, which is used for self-supporting or local sale with a low price. According to investigation, analysis and calculation, the compensation fee for garden land acquisition will be calculated as per 60% of the standards for paddy field, the resettlement subsidy will be calculated as per 100% of the standards for paddy field, the compensation fee for timber forest will be calculated to be 3600 yuan/mu as per 60 trees per mu (60 yuan/tree). Based on this calculation, the compensation for garden land acquisition is 20070 yuan/mu. (4) Compensation Standards for Waste Land

70 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for expropriating waste mountains, wasteland and other unused land is 20 percent of the vicinal paddy field, and its resettlement subsidy is free from payment. Other land acquisition in this project is mainly the wasteland. No resettlement subsidy is paid, and what is only taken into consideration is the compensation fee for land acquisition. The unit price is set at 2745 yuan per mu according to 20 percent of the land compensation fee for paddy land. (5) Compensation Standards of Housing plot According to the relevant regulations from Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China, the land compensation fee for the villagers’ housing plots shall comply with compensation standards for the vicinal paddy field. If the villagers’ housing plots need to rebuild, the resettlement subsidy shall be paid according to the classification standard for the rebuilding sites. Rebuilding sites from the villagers’ housing plots in this project are mainly the dry farmlands, so the land compensation fee is 13,725 yuan per mu according to compensation standards for paddy field, whereas the resettlement subsidy is 8,235 yuan per mu based on compensation standards for dry farmland. Through this calculation, the unit price of the compensation fee for the villagers’ housing plots is 19395 yuan per mu. z State-owned Land 1) Compensation Standards of Enterprise’s Land The enterprise’s land to be acquired in this project is mainly the land used to handle official business and management, belonging to removed unit’s self-employed house property. According to location factor of the demolished houses, and through the consultation among Cili County PMO and affected work units as well as its department in charge, the compensation for enterprise’s land acquisition in this project shall be calculated as per 70 yuan/m2. Based on this calculation, the unit price of compensation for enterprise’s land acquisition is determined 46690 yuan/mu. For details of standards of permanent land acquisition in this project, see Table 4.3-1.

71 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Cili County Compensation Standards for Permanent Land Acquisition in Urban Flood Control Project Table 4.3-1 Unit: yuan/mu Land Land Resettlement Young Crop New Vegetable Plot Standards of Land Type Compensation Ownership Subsidy Compensation Fee Construction Funds Compensation Fee Paddy Field 13725 8235 549 22509 Dry Farmland 9450 5670 378 15498 Market Collectively Vegetable 20700 12420 828 5000 38948 Owned Land Plot Flood Land 5670 3402 227 9299 Garden Land 8235 8235 3600 20070 Waste Land 2745 2745 Housing Plot 13725 5670 19395 State-owned Enterprise’s 46690 Land Land

4.3.3.2 Temporary Land Acquisition in this Project The compensation fee for temporary land acquisition in this project includes the cost of young crops, compensation fee for land loss and the reclamation cost. Compensation fee for land loss is mainly used for compensating total amount of output or income of landowner from the original land, whereas the reclaiming expense is mainly used for reclaiming temporary land after occupation. Compensation fee for land loss is determined by the annual output value and occupation time of the land, whereas the reclamation cost is determined by actual expense of reclaiming. 1) The Unit Price of Temporary Land Acquisition Compensation According to materials provided by design organization, temporary construction site in this project is mainly the earth material site, which contains paddy field, dry farmland, and shrub land, with 2-year occupation time. The annual output value of paddy field is 1372.5 yuan/mu, and the cost of young crops is 549 according to 40 percent of the annual output value; the annual output value of dry farmland is 945 yuan/mu, and the cost of young crops is 378 yuan/mu according to 40 percent of the annual output value; the average annual output value of shrub land is 412 yuan/mu according to 30 percent of the vicinal paddy field. Based on this calculation, the unit price of temporary land acquisition is, respectively, 3294 yuan/mu for paddy field, 2268 yuan/mu for dry farmland, and 412 yuan/mu for shrub land. 2) The Expense of Reclaiming Temporary Land Acquisition Based on Temporary Land Rehabilitation Plan in the project, both the restoration engineering measures and plant measures of temporary construction site are included in the soil and water conservation

72 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

design. Only reclamation of the temporary dry farmland acquisition is planned in this report, and the reclaiming area is 90.7 mu. Based on analysis on the engineering volume and the unit price that is necessary to reclaiming per mu cultivated land of the earth material site, the expense of reclaiming cultivated land is 3439 yuan per mu through calculation. For details of analysis on the unit price of reclaiming cultivated land per mu, see Table 4.3-2.

Analysis Table of the Unit Price of Reclaiming Cultivated Land per mu Table 4.3-2 Item Unit Unit Price (yuan) Quantity Investment (yuan) Remarks Total 3439 1. Earth work m3 3088.9 1.1Clay cover m3 6.5 333.5 2167.75 1.2Arable layer backfilling m3 2.95 200.1 590.295 1.3Arable layer leveling m3 0.75 333.5 250.125 1.4Laying field ridge m3 6.21 13 80.73 2.Soil maturizaition 250 2.1 Farm fertilizer dan 1 50 50 2.2 Phosphorus fertilizer kg 0.7 150 105 2.3 Carbamide kg 1.3 50 65 2.4 Potash fertilizer kg 1 30 30 3. Field matching facilities mu 100 1 100

For details of standard for temporary land acquisition in this project, see Table 4.3-3.

Cili County Compensation Standards forTemporary Land Acquisition Table 4.3-3 Land Loss Expense (yuan/m) Young Crop Reclamation Average Annual Output Total Land Type Acquisition Cost Cost Value(yuan/m) Standard (yuan/mu) time (year) (yuan/m) (yuan/mu) Paddy Field 1372.5 2 2745 549 3439 6733 Dry Farmland 945 2 1890 378 3439 5707 Shrub Land 412 2 823 412 1235

4.3.4 The Relocation Compensation Reference and Standards for Residential House and Auxiliaries 1) Residential House The dwellers’ residential houses in project area are mainly rural houses and mostly brick concrete and brick wood structures. To constitute reasonably compensation standards to make relocated household

73 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

acquire the compensation equal to the replacement value, we investigated and analyzed the resettlement prices of brick concrete buildings and brick wood houses in the area affected by the project at the same time of investigating physical indices. The material consumption of house construction is determined by the relevant quota from Quota Manual of Architecture and Construction. Based on budgetary price of building materials in the fourth quarter of 2005 in Cili County, the price of materials is determined through analysis: the replacement value of rural residential brick concrete house is 309 yuan per square meter, and the unit price of compensation is determined to be 309 yuan per square meter; the replacement value of rural residential brick wood house is 239 yuan per square meter, and the unit price of compensation is determined to be 239 yuan per square meter. Considering the different rate of decoration and building materials of residential houses in the project area, compensation standards for residential house with various types of structure in this project can fluctuate within the range of ten percent or so, see Table 4.3-4 for details. In general, these compensation rates will be used by the resettlement office as lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas, which will be higher than these compensation rates.

Cili County Compensation Standards for the Demolished House in Urban Flood Control Project Table 4.3-4 Housing Type Structure Unit Standard Remarks Brick Concrete Yuan/m2 309 Fluctuant Amplitude 280~340 Rural House Brick Wood Yuan/m2 239 Fluctuant Amplitude 210~260 Simple Structure Yuan/m2 50

See Table 4.3-5 for details of analysis on replacement value of residential houses with various types of structures. Analysis and Calculation Table of Replacement value of Structure Classification Unit Area of Rural Residential House in Cili County

Table 4.3-5 Brick Concrete Brick Wood Unit Price Item Unit Amount Amount Remarks (yuan) Quantity Quantity (yuan) (yuan) 1. Direct Cost 309.48 239.14 (1) Basic Direct Cost 303.41 234.45 ①Cost of Materials 202.61 158.85 Rolled Steels kg 3.2 14.7 47.04 4.8 15.36 Small Grey Tile piece 0.07 180 12.6 Cement kg 0.21 90 18.9 50.3 10.56

74 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Analysis and Calculation Table of Replacement value of Structure Classification Unit Area of Rural Residential House in Cili County

Table 4.3-5 Brick Concrete Brick Wood Unit Price Item Unit Amount Amount Remarks (yuan) Quantity Quantity (yuan) (yuan) Timber m3 450 0.08 36 0.105 47.25 Cast Iron Pipe kg 1.6 2.2 3.52 Felt m2 2.51 0.85 2.13 Asphalt kg 3.5 1 3.5 Glass m2 15 0.15 2.25 0.15 2.25 Brick piece 0.18 240 43.2 218 39.24 Lime kg 0.15 45 6.75 68 10.2 Sand m3 35 0.35 12.25 0.23 8.05 Macadam m3 45 0.3 13.5 0.05 2.25 Nail kg 4.2 0.5 2.1 0.5 2.1 Other Materials 6.00% 11.47 8.99 ②Labor Cost Labor day 24 4.2 100.8 3.15 75.6 2) Other Direct Cost 2.00% 6.07 4.69 2 percent of Basic Direct Cost 2. Tax 3.41% 3.41 percent of Item 1-3 3. New Construction Cost m2 309.48 239.14 Round-off Value yuan 309 239

2) Auxiliary Facilities Compensation for auxiliary facilities in this project is determined by similar project. For details, see Table 4.3-6 Compensation Standards for Auxiliary Facilities of Residential House in Urban Flood Control Project of Cili County Table 4.3-6 No. Item Unit Standard Remarks 1 Wall Yuan/m2 18 2 Cement Sunny Field Yuan/m2 15 3 Well Yuan/set 200 4 Phone Reassembling Yuan/set 200 5 CATV Reassembling Yuan/household 150

3) Compensation for Infrastructure Compensation for infrastructure mainly includes investment of resettlement housing plots, including leveling, and facilities construction such as water supply, electricity, and road access. According to resettlement plan, rural relocation households will mainly resettled dispersedly within their own village groups with better conditions of landform, road access, electricity, and water supply. The current

75 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

infrastructures in the resettlement site are well-developed. For all the resettlers in the new resettlement site, using existing water supply, power network and road access, the issue of providing related infrastructure could be solved. According to landform of resettlement site in this project area and with reference to other provincial similar projects, the project compensation fee for infrastructure such as site leveling, drinking facilities and lighting facilities is set at per capita 1500 yuan. 4) Moving and Transfer Allowance For resettlers affected by land acquisition relocation, although most of them will be relocated not far away, in the local region, it is inconvenience for rebuilding houses in such relative tight schedule, thus the moving and transfer allowance will include moving expense, living allowance, temporary housing allowance, second moving expenses, and so on. The transfer period is set at three months. ①Moving expense includes fares of vehicles boats, material transport cost, and material loss expense. Compensation fee is set at 100 yuan per person; ② Living allowance includes meal and lodging expenses as well as medical care during moving, and loss working time because of moving. Compensation fee is set at 100 yuan per capita; ③ Temporary housing allowance refers to paying temporary housing expenses by resettlers before their new houses are built. A large majority of the resettlers belong to non-rural population. They will have to rent the temporary residential houses, and the temporary housing allowance is set at 300 yuan per capita; ④ Second moving cost mainly refers to the cost of moving from temporary residential houses to their new houses. It is set at 100 yuan per person. 4.3.5 Compensation Reference and Standards for Affected Individuals Engaged in Small-scale Business According to investigation, most of 5 booths that need to be removed are non-special ones used for private inhabitation, mainly handling foodstuff and beverage, hardwares, etc. According to the relevant regulations from Zhangjiajie City Compensation and Resettlement Methods of Land Acquisition Demolition, demolition of houses both used for private inhabitation and business operation shall be resettled as residential houses, and the loss expenses of houses shall be listed into compensation for demolition of residential houses. In this project, the moving cost shall include cost of close down business and comprehensive freight during the course of transportation. The statistical work of operating income of individuals engaged in small-scale business is hard to conduct accurately. Therefore, with reference to the relevant regulations in Cili County, the lost earnings and employee wages due to shutdown of individual shops during the relocation in this project is calculated according to the area of business spaces. Compensation fee is set at 15 yuan per square meter • month, and shutdown time shall be not more than 3 months in

76 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

principle. The comprehensive freight and miscellaneous charges are 200 yuan for each unit with reference to other projects in Cili County. 4.3.6 Compensation Reference and Standard of Affected Enterprises and Institution 1) Non-residential houses In the project area, if most of the non-residential houses relocated are office buildings and workshops of enterprises and institutions, the compensation standard will comply with the standard of urban residential housing demolition. These compensation rates will be used by the resettlement office as the lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. See Table 4.3-7 and Table 4.3-8 for details.

Analysis and Calculation Table of Replacement value of Unit Area of Non-residential House in Cili County Table 4.3-7 Unit Price Brick Concrete Item Unit Remarks (yuan) Quantity Amount (yuan) 1. Direct Cost 309.48 (1) Basic Direct Cost 303.41 ①Cost of Materials 202.61 Rolled Steels kg 3.2 14.7 47.04 Small Grey Tile piece 0.07 Cement kg 0.21 90 18.9 Timber m3 450 0.08 36 Cast Iron Pipe kg 1.6 2.2 3.52 Felt m2 2.51 0.85 2.13 Asphalt kg 3.5 1 3.5 Glass m2 15 0.15 2.25 Brick piece 0.18 240 43.2 Lime kg 0.15 45 6.75 Sand m3 35 0.35 12.25 Macadam m3 45 0.3 13.5 Nail kg 4.2 0.5 2.1 Other Materials 6.00% 11.47 ②Labor Cost Labor day 24 4.2 100.8 2 percent of Basic Direct 2) Other Direct Cost 2.00% 6.07 Cost 2. Indirect Cost 7.00% 21.66 3. Construction Profit 7.00% 23.18 4. Tax 3.41% 3.41 percent of Item 1-3 5. New Construction Cost m2 354.32 Round-off Value yuan 354

77 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Compensation Standard for Non-residential Housing Relocations in Urban Flood Control Project of Cili County Table 4.3-8 Type of the nor-residential Structure Unit Standards Remarks housing Brick Yuan/m2 354c Fluctuant amplitude 320~390 Office buildings, store wares Concrete and workshops Simple Yuan/m2 60 Structure

2) Accessorial facilities Within the project range, the compensation standard of accessorial facilities of non-residential housing will comply with the compensation standard for accessorial facilities of urban residential housing. For details, see Table 4.3-9. Compensation Standard for Accessorial Facilities of Non-residential Housing in Urban Flood Control of Cili County Table 4.3-9

Type Item Unit Standards Remarks Accessorial Wall Yuan/m2 18 Facilities Cement Sunny Field Yuan/m2 15

3) The Compensation of Production Equipment According to the relevant regulations in the Methods of Hunan Province for Implementing Urban Houses Demolition Administration Regulation, the compensation of enterprises production equipment includes the compensation of removable equipment and non-removable equipment in this project. Based on the Investigation, the institutions in the project area had been closed, and no large equipment is installed, so the compensation of production equipment shall not be considered. 4) Relocation Allowance The institutions in the project area had been closed, so the relocation allowance shall not be considered. 5) The Loss Compensation for Stop Production and Working in Removing Period The institutions in the project area had been closed, so the loss compensation shall not be considered. 4.3.7 Compensation Reference and Standard of Special Facilities Affected by the Project 1) Transportation Facilities The rebuilding works of transportation facilities in the project area will be carried out together with the project construction, and the relevant expense has been listed into the engineering investment, so it

78 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

shall not be listed into the compensation investment. 2) Facilities for power transmission and transformation In order to formulate the compensational standard correctly and reasonably, investigation and analysis of average price per kilometer of 10kV high voltage wire and 380 low voltage in the project area is carried out in details along with investigation on physical indices. According to the electric engineering budgetary estimate compiling method and related quota, the consumption volumes of materials are determined by calculation and analysis on unit price. The prices of material are determined on the basis of material budget price of the fourth quarter of 2005 in Cili County. According to the typical analysis on unit price and with reference to the similar projects, unit price of rebuilding compensation for 10kV high voltage tension and 380V low voltage tension in the project area is determined to be 50000 yuan/km and 27500 yuan/km (see Table 4.3-10 and Table 4.3-11). 3) Post Facilities In order to formulate the compensational standard correctly and reasonably, investigation and analysis of average price per kilometer of HYA1-0.5 Type post and telecommunication cable in the project area is carried out in details along with the investigation on physical indices. According to the communications engineering budgetary estimate compilation method and the relevant quota, the consumption volume of materials are determined for the unit price analysis and calculation. The prices of material are determined on the basis of material budget price of the fourth quarter of 2005 in Cili County. According to the typical analysis on unit price and with reference to the similar project, unit price of rebuilding compensation for post line with of HYA1-0.5 type cable in the project area is determined to be 25310 yuan/km, please see Table 4.3-12 for details.

79 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Unit Price Analysis Table of Per-kilometer 10KV Electric Power Line Table 4.3-10 Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity Sub-total Wage Material Machine Sub-total Wage Material Machine Round-off compensation standard 50000 Total 49966 I Material cost 24906 (1) Main material cost 22642 1 Concrete pole YB-15-10 Piece 20 554 11080 2 Wire LGJ-35/6 kg 444 16.5 7326 3 Cross arm ∠ 63×6×1500 Set 20 59 1180 4 Needle ceramic bottle PT-15T Set 60 21 1260 5 Single crown bar ZJ1-62×R95 Set 20 41 820 6 Hoop BGR-R100 Set 20 17 340 7 Guy wire GJ-35 kg 11 7.5 83 8 Guy anchor LP-04 Set 4 50 200 9 Pull rod φ15*2500 Piece 4 32 128 10 Guy anchor ring UM22 Piece 4 28 112 11 Material loss % 0.5 113 (2) Supplementary material cost 10% of main material cost 2264 II Installation Cost 25060 (1) Site transportation 6590 4834 56 1700 1 Passenger transportation Average run distance1km tkm 14.12 230 230 3248 3248 0 0 2 Truck material handing t 14.12 47 7 4 36 663 99 56 508 3 Transportation by truck Run distance 50km tkm 706 1.15 0.15 1 812 106 706 4 Terrain adjustment and increase 40% of item 1 to item 3 % 40 3453 1214 1867 1381 486 (2) Earth and rock work 2334 950 1031 353 Pole pit 0.8×0.8×1.9 m3 24.32 86 35 38 13 2091 851 924 316 Guy wire pit 0.4×0.8×2.2 m3 2.82 86 35 38 13 243 99 107 37

80 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Unit Price Analysis Table of Per-kilometer 10KV Electric Power Line Table 4.3-10 Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity Sub-total Wage Material Machine Sub-total Wage Material Machine (3) Erect the pole and lay the wire 2735 1426 890 419 1 Erect the pole Piece 20 46.2 29.3 2.7 14.2 924 586 54 284 2 Cross arm installation Set 20 9.4 7.2 2.2 188 144 44 3 Fabricate the guy wire Set 4 11.6 10 1.6 46 40 6 4 Installation of guy anchor Set 4 5 5 20 20 0 5 Lay the wire km/Single wire 3 519 212 262 45 1557 636 786 135 (1) to (3) in total 11659 7210 1977 2472 (Ⅳ) Basic direct cost % 22 7210 1586 (Ⅴ) General cost % 53.3 7210 3843 (Ⅵ) Design profit % 49.2 7210 3547 (VIII) Adjustment of labor cost % 27.27 7210 1966 (VIII) Far place adding cost % 11.48 7210 828 (IX) Tax 3.348% of item 1 to item 8 % 3.348 23429 784 (X) Labor insurance funds 3.5% of item 1 to item 9 % 3.5 24213 847

81 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Unit Price Analysis Table of Per Km. 380V Electric Line Table 4.3-11 Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity Machin Sub-total Wage Material Sub-total Wage Material Machine e Round-off compensation standard 27500 Total 27493 I Material cost 11861 (1) Main material cost 10783 1 Concrete pole YB-15-7 Piece 20 245 4900 2 Wire LGJ-16/3 kg 274 16 4384 3 Four lines cross arm ∠ 50×5×1500 Set 20 40 800 4 Butterfly ceramic bottle ED-2 Set 160 1 160 5 Encircling BGR-R80 Set 20 11 220 6 Guy wire GJ-35 kg 6 7.5 45 7 Guy anchor LP-04 Piece 2 50 100 8 Pull rod φ15*2500 Piece 2 32 64 9 Guy anchor ring UM22 Piece 2 28 56 10 Material loss % 0.5 54 (2) Supplementary material cost 10% of main material 1078 II Installation Cost 15632 (1) Site transportation 4009 2940 34 1035 1 Man-power transportation Average run distance1km tkm 8.59 230 230 1976 1976 2 Truck material handing t 8.59 47 7 4 36 403 60 34 309 3 Truck transportation Run distance 50km tkm 429.5 1.15 0.15 1 494 64 430 4 Terrain adjustment and increase 40% of item 1 to 3 % 40 2100 739 1136 840 296 (2) Earth and rock work 1045 425 462 158 Pole pit 0.8*0.8*1.5 m3 11.52 86 35 38 13 991 403 438 150

82 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Unit Price Analysis Table of Per Km. 380V Electric Line Table 4.3-11 Unit Price (yuan) Amount (yuan) No. Name of Cost Specification (ratio) Unit Quantity Machin Sub-total Wage Material Sub-total Wage Material Machine e Guy wire pit 0.4*0.8*2 m3 0.64 86 35 38 13 54 22 24 8 (3) Upright stanchion and lay wire 2133 1184 525 424 1 Upright the cement pole Piece 20 46.2 29.3 2.7 14.2 924 586 54 284 2 Cross arm installation Set 20 9.4 7.2 2.2 188 144 44 3 Fabricate the guy wire Set 2 11.6 10 1.6 23 20 3 4 Installation of guy anchor Set 2 5 5 10 10 5 Lay the wire km/single wire 4 247 106 106 35 988 424 424 140 (1) to (3) in total 7187 4549 1021 1617 (4) Basic direct cost % 22 4549 1001 (5) General cost % 53.3 4549 2425 (6) Design profit % 49.2 4549 2238 (7) Adjustment of labor cost % 27.27 4549 1241 (8) Far place adding cost % 11.48 4549 522 (9) Tax 3.348% of item 1 to 8 % 3.348 14614 489 (10) Labor insurance funds 3.5% of item 1 to 9 % 3.5 15103 529

83 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Unit Price Analysis Table of Average Per-Km. Telecommunication Line Table 4.3-12

Electric Cable HYA1-0.5 Unit No. Name of Cost Specification (ratio) Unit Amount Quantity Price (yuan) (yuan) Round-off compensation standard 25310 Construction installation 25310 project cost Ⅰ Direct project cost 23393 (Ⅰ) Direct cost 20831 1 Labor cost 1726 ① Technical staff cost Labor day 70 16.8 1176 ② Common labor cost Labor day 50 11 550 2 Material cost 19105 ① Main material cost 18916 Power pole 20 2700 8mConcrete pole Piece 7mConcrete pole Piece 6mConcrete pole Piece 20 135 2700 Galvanized stranded wire 1403.4 Lifting rope (7/2.2) kg 228 5.65 1288.2 Guy wire (7/3.0) kg 16 7.2 115.2 Transmitting wire 13700 Optical fiber cable m Electric cable m 1000 36.9 13700 Coupler 45mm Set 1420 0.34 483 Anchor tie steel handle Set 4 26 104 Concrete capstan Piece 4 42 168 Fish-plate Set 20 7.65 153 Single-suspended encircling Set 20 16 320 Outdoor junction box Set 1 38 38 Junction box tee metal set 1 15 15 ② Supplementary material cost 5% of main material cost 421 (II) Other direct cost 1762 1 Instrument working cost 4% of technician staff cost 47 12% of technician staff cost +2% of 2 Production tool working cost 152 common labor cost 3 Project vehicle working cost 13% of technician staff cost 153 Site equipment moving 4 12% of technician staff cost 141 charge 5 Mobile construction subsidy 4.8yuan/day for technician staff cost 280 6 Project interference cost 10% of labor cost 173 7 Labor cost price difference 8.8 for technician staff, 4 for common 816

84 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Unit Price Analysis Table of Average Per-Km. Telecommunication Line Table 4.3-12

Electric Cable HYA1-0.5 Unit No. Name of Cost Specification (ratio) Unit Amount Quantity Price (yuan) (yuan) staff cost (III) Site cost 800 22% of technician staff cost+ 10% of 1 Temporary facility cost 314 common labor cost 32% of technician staff cost+ 20% of 2 Site management cost 486 common labor cost II Indirect cost 48% of technician staff cost 564 III Planed profit 30% of labor cost 518 IV Tax 3.41% of item 1 to 3 835

4) Oil Storage Facilities The compensation standards for the oil storage facilities affected in this project shall be taken with the reference to other similar projects, viz. 15000 yuan /m2. See table 4.3-13 for reconstruction compensatory standard of special item of the project. Summary Table of Special Facilities Compensation Standard in Urban Flood Control Project of Cili County Table 4.3-13 Compensation Item Sub-item Unit Remarks Standards 1. Communication Facilities Listed into engineering Arch Bridge piece investment 2.Facility of power transmission and

transformation 10KV high voltage line km 50000 380V low voltage line km 27500 3. Post Line Electric cable HYA1-0.5, km 25310 telephone wire 4. Oil Storage Facilities Oil Storage Facilities m2 15000

4.4 Table of Entitlement Matrix According to the on-spot investigation conducted by PMO and resettlement design unit, main impacts on land acquisition and demolition have been confirmed on the basis of natural loss, and entitlement matrix table can be used as the basis of paying the compensation. For details, see Table 4.4-1.

85 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Compensation Standard (yuan/Unit) Affected Affected Responsible Policy of Land Acquisition and Resettlement Compensation Type Object Agency Compensation Item Item Housing compensation Brick concrete 309 yuan/m2(280~ 1.The compensation of all the houses shall be obtained according to replacement value, structure 340) and no depreciation charge is allowed. Available materials belong to the relocatees, and Brick wood 239 yuan/m2(210~ they also can use them to build new house. These compensation rates will be used by the structure 260) resettlement office as the lowest limit. The implemented compensation rates will be based Simple structure 50 yuan/m2 on actual appraised values in the project areas. Accessorial Facilities 2. Resettlement institution shall help the rural relocatees to move into the new house, and Cement Sunny 15 yuan/m2 each person shall get 1500 yuan as the compensation for infrastructures, including water Field drinking and lighting, etc.. Wall 18 yuan/m2 3.The resettlement plan respects the idea of the majority of relocatees. Self-dismantling Well 200 yuan/piece and self-building mode shall be adopted and the relocatees can build their house scatterly Phone 200 yuan/set in rural dispersedly, and the relocatees can consider freely whether to use the available Reassembling materials of old houses fully. Before the completion of new house, the relocatees can live in Infrastructure Compensation their original houses and they shall not be forced to move before the stipulated date. County Site-leveling, 4. Relocatee shall get the notice three months before the construction of new houses, and Rural PMO, drinking and 1500 yuan/person they shall have at least two to three months to build the house. Discuss the arrangement of residential County lighting Relocatee house building time fully with the relocatee in village and town, and it is better to arrange it house and Land and Demolition Subsidy in slack season. Moving and transfer allowance will be considered including moving cost, accessorial Resources living allowance, medical expense, temporary house transfer and second-time moving building Bureau charge. And the transfer period is three months. Moving charge 100 yuan/person 5. Effective measures shall be employed by the resettlement institution in the course of implementation to help the vulnerable (the old, the handicapped, the weak and woman-headed households): the subsidy of building new houses for specially poor family Living allowance 100 yuan/person is 3000 yuan per household, the living allowance for the vulnerable family is 600 yuan per person. And the Township (Town) Committee and Village Committee shall assist them to Temporary house build the house and help them move into the new house by consulting them. 300 yuan/person 6. Compensation fee for house shall be paid to the relocatee before the construction of subsidy new house. If the installment plan is adopted, the final cost shall be paid to them before the completion of new house. 7. The resettler can lodge appeal for any aspects of the resettlement, including the compensation standard. No expense shall be paid to the organ dealing with resettlers’ Second Moving 100 yuan/person appeal. Charge

86 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Compensation Standard (yuan/Unit) Affected Affected Responsible Policy of Land Acquisition and Resettlement Compensation Type Object Agency Compensation Item Item 1. All enterprises and institutions affected by the project are planned to be relocated and rebuilt Compensation for Non-residential House by themselves, and the PMO shall discuss with the related units about the compensatory 354 yuan/m2 Brick Concrete standard and relocating and rebuilding time. All the costs needed by the construction shall be (320~390) listed into the general budgetary estimate of the project and be paid by the PMO 4 months Simple Structure 60 yuan/m2 before the commencement of corresponding project. Labor resettlement in the course of Accessorial Buildings resettlement shall be paid in unpredictable costs by the PMO. The labor force arrangement cost Wall 18 yuan/m2 occurred during the resettlement will be paid by the project executive agency using the contingency. Phone Reassembling 200 yuan/set Non-resi 2. All the non-residential houses are compensated according to the mode of cash resettlement in dential County principle. The compensation standard for construction section shall be executed with reference to the Air-condition house Enterprise PMO, 200 yuan/set replacement values of the urban residential houses, and no depreciation will be deducted. These Reassembling and its s and County compensation rates will be used by the resettlement office as the lowest limit. The implemented accessori institution Land and compensation rates will be based on actual appraised values in the project areas. al Resources 3. Moving allowance for enterprises and institutions during the course of relocation is calculated at 25 building Bureau yuan/m2 according to the area of non-residential house needed to be removed. However, since the

affected enterprise had already closed, no moving allowance will be provided. 4. Of the compensation for production equipment, the expense for dismounting, installation and Moving Allowance 25 yuan/m2 adjustment will be calculated as per 10% of the replacement value of equipment. Since the affected enterprise had already closed, no such compensation will be provided. 5. For the enterprise or institutions affected during the demolishment, the compensation for their loss of business suspension should be paid according to the actual influence. In principle, the business suspension days are limited within 6 months. Since the affected enterprise had already closed and staff transferred, no business loss compensation will be provided.

87 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Compensation Standard (yuan/Unit) Affected Affected Responsible Policy of Land Acquisition and Resettlement Compensation Type Object Agency Compensation Item Item 1) All the affected booths are non-special ones mainly used for private inhabitation. The houses used for business operation are compensated as the replacement value of urban residential houses according to the relevant regulations, and no depreciation is deducted. 2) The resettlement institution will assist property owners to identify the housing plot or property right exchange. It shall be set up at the cross or two sides of the road where the stream of people is dense. 3) Compensation fee for closing down business (including lost wages) will be paid to affected individuals engaged in small-scale business during the course of building and relocation. And cost of closing down business is calculated according to the area of houses used for business operation, County and it sets at 15 yuan/m2•month. The time of stopping business shall be not more than 3 months in PMO, principle. Individual County 4) For the affected individuals engaged in small-scale business dealing with business operations Land and Shops under lease, they can independently choose the site for restarting business operation according to Resources their own goods and features of their service. And project executive organ will provide new Bureau information on commercial booths of Cili County to the proprietor. 5) The affected individuals engaged in small-scale business must get the notice three months before their building house, and four months is required for them to build houses. 6) The proprietor can lodge appeal for any aspects of the resettlement, including the compensation standard. No expense shall be paid to the organ dealing with resettlers’ appeal.

Affected Responsible Compensation Standard (yuan/Unit) Affected Type Policy of Land Acquisition and Resettlement Object Agency Compensation Item Compensation Item County PMO, Scattered Owner of County The project shall pay the compensatory cost or replanting cost for the scattered trees. trees title Land and Resources Bureau 1. The paid transfers of land ownership are adopted to industrial land within project range. Its compensation standard shall be executed according to the detailed methods of the similar project in Enterprise’s Land 46690 yuan/mu County Cil County. PMO, Permanent 2. Urban residential land acquisition in project area shall be compensated according to the mode of State-own County land cash resettlement. Among them, the section of land is compensated as estimated land price. ed land Land and acquisition 3. In the project, for the land acquisition of other stated-owned land such as urban unused land or Resources flood land, the volunteer transfer is adopted to obtaining owner ship of state-owned land. Bureau

88 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Affected Responsible Compensation Standard (yuan/Unit) Affected Type Policy of Land Acquisition and Resettlement Object Agency Compensation Item Compensation Item 1. For the project construction land acquisition, the village shall obtain the land compensation cost and Paddy Field 22509 yuan/mu resettlement subsidy paid by the land acquisition unit; and relocatee will obtain young crop cost and Dry Farmland 15498 yuan/mu ground adhesion matter compensation cost an so on; What’s more, If the land readjustment or the land Villagers’ Housing Plot 19395 yuan/mu reclamation is carried out inside the villager’s group to make the affected farmers by land acquisition obtain land or other means of production, the land compensation fee and the resettlement subsidies should be controlled for utilization by the villager’s group collective. On the contrary, if there is no possibility to carry out land readjustment or land tidying or development, and the relocatee has not got any production materials, the village group shall pay the resettlement subsidy and 75% of land compensation to them, and the remaining land compensation shall be managed and used by the village group collective. 2. Land compensation fee and resettlement subsidy shall be used in the livelihood rehabilitation of relocatee in the project construction, such as construction of farmland water conservancy facility, County rebuilding of rural infrastructure and adjustment of agriculture structure and so on. PMO, 3. The compensation standard for cultivated land acquisition is calculated based on the average output Permanent Collectivel County value per mu of the previous three years before the land acquisition. Compensation of cultivated land land y owned Land and acquisition and multiple of resettlement subsidy shall be in accordance with the quantity of per capita acquisition land Resources cultivated land area before the land acquisition in project area, and shall be determined according to Bureau Land Administration Law of the PRC and Methods of Hunan Province for Implementing the Land Administration Law of PRC. Requisition of garden land, villagers’ housing plot and other unused land shall be compensated properly with reference to the stipulation of cultivated land acquisition. 4. The land compensation fee shall be paid to the village collective unit or land contractor before the land acquisition. 5. Land redistribution shall be carried out in slack season. For all the farmers that lost the land because of the project, they will acquire new land through land redistribution. 6. The migrant workers who rent cultivated land in the project area will obtain the young crops compensation for land acquisition. During the implementation of the resettlement in the project, if the migrant workers are willing to stay at this locality for earning a living, the project executive agency will help them rent the near land for cultivation.

89 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Affected Affected Responsi Compensation Standard (yuan/Unit) Policy of Land Acquisition and Resettlement Type Object ble Agency Compensation Item Compensation Item

1. The compensation fee for temporary land includes young crops cost, land loss compensation cost Paddy Field 6733 yuan/mu and reclamation cost. Time limit of the temporary land is set at two years. If the temporarily land Dry Farmland 5707 yuan/mu County acquisition exceeds two years, the acquisition procedure should be handled again. woodland 1944 yuan/mu PMO, 2. The compensation fee for land loss is mainly used for compensating total amount of output or County income of landowner from the original land. And the compensation fee for land loss shall be Temporary Contract Land and determined according to the annual output value and occupation time: paddy field is 3294 yuan/mu, land or Resources dry farmland is 2268 yuan/mu, shrub land is 412 yuan/mu; young crop costs are as follows: paddy dry Bureau, farmland is 378 yuan/mu, and shrub land is 412 yuan/mu. Shrub Land 1235 yuan/mu Contractor 3. After the construction, the land occupied shall be rehabilitated and returned to the village affected by the project. Temporarily-occupied dry farmland shall be reclaimed and the reclamation cost is 3439 yuan/mu. County Broadcast and TV line 35000 yuan/km 380V low voltage line 27500 yuan/km All the special facilities affected by the project shall be rehabilitated and rebuilt according to the actual Special Owner of PMO, conditions affected by the project, original standard, scale and function. The PMO shall plan the relative investment according to the rehabilitation plan, and supply proper compensation funds for the each facility title Post line 25310 yuan/km professional department in charge of special facility to organize the implementation. departments

90 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5. Resettlement and Rehabilitation Measures

5.1 Resettlement and Rehabilitation Strategies 5.1.1 Resettlement Objectives Make proper compensation and appropriate resettlement in order to insure the productivity, income level and living conditions of the affected people could be restored or improved. 5.1.2 Resettlement Task According to the investigation, 67 households with 235 people are affected by the project land acquisition, of which 74 agriculture populations need economic rehabilitation and 107 persons in 33 households need new houses. According to the time schedule of the project construction, the relocation and rehabilitaton implementation will be commenced in the end of 2007, which is close to the investigation basic year, so the resettlement plan is prepared based on the population to be relocated as actually investigated; there is no need to take the natural increase of population into account.

5.2 General Scheme of Rehabilitation The construction of Cili County Flood Control Project, Hunan Province only affect few houses and land in the villages (residential committees) along the flood-control dike and has no serious negative effect on the productivity and living conditions in most of the affected villages (residential committees). The opinions of relocatees will be gathered widely by means of participatory planning in the affected townships (Sub-districts) and villages. According to the opinions and suggestions held by the relocatees and the situations in the affected areas, the general scheme of restoration has been established as follows, 1) In order to maintain the current life style and social relationship, restore their productivity and income level as well as to increase their enthusiasm and adaptabilities, affected rural residents (agriculture population) are resettled by means of move-back and resettled within their own villages. 2) The affected people (needing economic rehabilitation) will be resettled within their villager’s groups. The economic rehabilitation based on land will be achieved by readjusting village group remaining farmland, developing new productive projects and allocating resettlement subsidy.

91 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5.3 Rehabilitation Plan for Livelihood Rehabilitation 5.3.1 Choice of Rehabilitation Method From December 2005 to January 2006, the resettlement design unit carried out the on-site investigation, optimization and demonstration in collaboration with County PMO and the local governments at various levels. According to the practical situations of project-affected area and resettlers’ opinions, the mode of scattered resettlement in their existing village has been adopted for the resettlers’ relocation in this project. A contract will be signed between the relocatee and the project sponsor and resettlement implementation agency.The relocatee has the right to choose resettlement method and resettlement locations upon their willingness. 5.3.2 Principle and Procedure for Selecting Resettlement Sites 1) Principles The aim of rehabilitation of housing condition is to provide the relocated households with safe, convenient and graceful living environment. ① The new residential areas should have good terrain and geological conditions and reliable drinking water source. ② The location of new residential areas should be compatible with the economic rehabilitation plan. ③ The location of new residential areas should be convenient for production, living and management. ④ Save land, especially the cultivated land, as much as possible. ⑤ Take the future population increase into account and leave rooms for further development. ⑥ The distribution of houses in the residential areas should be based on the terrain conditions and take the lighting, ventilation, sanitation and greening conditions into account. ⑦ The design of houses should meet the requirements of the relocatees and their financial abilities. 2) Procedures Based on the above principles, after on-site investigation and analyzing the terrain, geological, traffic, power and water source conditions, the location of new residential area is selected after negotiation with representatives of relocatee and local government, taking the relocatees’ living and production conditions into account. 5.3.3 Planning of Demolition and Housing Wihin Cili County, 40 households with 135 persons (agricultural population) in four residential committees (villages) in Lingyang Town will be relocated due to project construction, with residential houses of 8623.2 ㎡ to be demolished. Among these 40 households, 7 of them have other real estate, so the demolition will make less impact on their normal livelihood. For these persons, they will be given

92 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

cash compensation based on compensation standard for their demolished houses. No rehabilitation is required. Other 33 households with 107 persons will be affected by project construction, and shall be relocated by building new houses. Table 5.3-1 shows the details bout resettlers affected by project demolition.

Statistics of Demolition under Urban Flood Control Project in Cili County

Table 5.3-1 Village Households with Population needs new Administrative Households to Households with Town (residential attached facilities houses area be demolished other real estate committee) demolished Households Population Cili County 1 4 40 7 33 107 Lingyang 4 40 7 33 107 Shuang’an 3 3 10 Beigang 8 1 7 22 Taiping 22 3 19 68 Yong’an 7 3 4 7

A total of 33 households with 107 rural relocatees needs new houses under the project, including 3 households with 10 persons in Shuang’an Village, 19 households with 68 persons in Taiping Village and 4 households with 7 persons in Yong’an Village. According to the relocatees’ wishes and the practical situations, all the rural resettlement people will be move-back and resettled locally in the village which they stayed in. According to the principle of unified planning, unified land acquisition and separate construction, they will be compensated with fees that is enough to build a house similar to the existing one and they are responsible to build their new house on the land arranged by the village. The land area used for rebuilding the house is 90m2 according to the existing national Land Administration Law, Implementation Methods for Land Administration in Hunan Province and Compensation Methods for Land Acquisition and Demolition in Cili County. Due to the different influence caused by the project construction differentiating from one village to another in the project area as well as the different resources structure and infrastructure conditions in each village, according to the villagers’ opinion, the actual situations and the principle of ‘convenient for production and easy to live’, each village should provide 1~2 different resettlement sites in which 3 to 8 households can be resettled. In addition, the villages should also provide necessary assistance in the process of house reconstruction and relocation. Based on the standard of land use, the standard of resettlement compensation and local custom, this project designed 4 types of house for the resettlers as samples. To rebuild their houses, the resettlers can choose one type of the house samples or design their house by themselves according to their wishes and economic situations. The details of house samples are shown in Figure 2.

93 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

More details about demolition and housing in the project area is shown in Table 5.3-2. Planning of House Building for Resettlement under Urban Flood Control Project in Cili County Table 5.3-2 Move-back and scattered By property rights Town Total resettlement exchange County Village (sub-district) relocatees Relocatees Site Relocatees Site

Cili 1 4 107 107 Lingyang 4 107 107 Shuang’an 10 10 Shuang’an Beigang 22 22 Beigang Taiping 68 68 Taiping Yong’an 7 7 Yong’an

5.3.4 Infrastructure and Public Facilities There is no special planning since the resettlement by means of move-back and resettle locally can rely on existing infrastructures and social service systems. For affected local infrastructure facilities, in addition to provide compensation and restore them to original conditions and functions, the local governments could also, according to the local economic situation and the principle of ‘Convenient for production and easy to live’, reasonably improve the facilities in the resettlement areas by providing additional funding or increasing the investment, making overall arrangement and constructing at the same time. 5.3.5 Assistance in Resettlement The land acquisition and resettlement implementation agency will be responsible for assisting resettlers at every aspect during the entire process of the resettlement: 1) Understand and try to satisfy the resettlers’ needs before the resettlement. 2) Help the resettlers dealing with their troubles such as arranging the vehicles and assisting the remove during the process of resettlement. 3) To know that whether resettlers satisfies with the living conditions in their new houses and where are their difficultoies and try to solve their problems in time after the resettlement. 5.3.6 Relocation Rehabilitation Plan for Resettlers’ Villages 1) Shuang’an Village of Lingyang Town Wenminglu Residential Committee is an administrative village subordinated to Lingyang Town of Cili County located in the south basnk of Lishui River, east of the county. The Residential Committee borders on Lingxi Village of Lingyang Town in the east, the County in the west, the Seed Multiplication Farm in the south and Hepingjie Residential Committee in the north. There are highways between all residential committees and the communication is very convenient. Electric Power is supplied to every

94 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

household. Only 10 households use driven well water, the others use tap water. The percent of households having telephone is 75%. The whole residential committee has a population of 5,000 persons, among which 2,910 are agricultural population, and the rest are all non-agricultural population. The net income of per capita was RMB 2,410 yuan in 2005. Within the project scope, 3 households with 10 persons in the Wenminglu Residential Committee are required to be resettled by means of reconstruction of houses. The scattered and moving-back resettlement shall be carried out for the resettlers, during which the PMO will pay the corresponding cost, select the reconstruction plot where the resettlers could build their own houses or buy houses, and provide other assistance during the resetlers’ relocation course and help them move into new houses as soon as possible. 2) Beigang Village of Lingyang Town Beigang Village is an administrative village subordinated to Lingyang Town of Cili County located in the north bank of Lishui River, north of the county. The village borders on Jintai Village of Lingyang Town in the east, Longping Village in the west, Taiping Village in the south and Nanyang Village in the north. There are highways between all villages and the communication is very convenient. Electric Power is supplied to every household. The percent of households having rate of telephone is 50%. The whole village has a population of 1,613 persons, which are all agricultural population. The net income of per capita was RMB 1,713 yuan in 2005. Within the project scope, 8 households with 28 persons in Beigang Village are required to be resettled by means of reconstruction of houses, of which 1 household has additional house and requires no housing arrangement but cash compensation, and the other 7 households with 22 persons require reconstruction resettlement. The scattered and moving-back resettlement shall be carried out for the resettlers, during which the PMO will pay the corresponding cost, select the reconstruction plot where the resettlers could build their own houses or buy houses, and provide other assistance during the resetlers’ relocation course and help them move into new houses as soon as possible. 3) Taiping Village of Lingyang Town Taiping Village is an administrative village subordinated to Lingyang Town of Cili County located in the north bank of Lishui River, north of the county. The village borders on Lishui River in the east, Beigang Village in the west, Longping Village in the south and Jintai Village in the north. There are highways between all villages and the communication is very convenient. Electric Power is supplied to every household. The percent of households having rate of telephone is 70%. The whole village has a population of 2,608 persons, among which 2,018 are agricultural population, and the rest are all non-agricultural population. The net income of per capita was RMB 1,546 yuan in 2005. Within the project scope, 22 households with 80 persons in Taiping Village are required to be resettled by means of reconstruction of houses, of which 3 household have additional houses and require no housing

95 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

arrangement but cash compensation, and the other 19 households with 68 persons require reconstruction resettlement. The scattered and moving-back resettlement shall be carried out for the resettlers, during which the PMO will pay the corresponding cost, select the reconstruction plot where the resettlers could build their own houses or buy houses, and provide other assistance during the resetlers’ relocation course and help them move into new houses as soon as possible. 4) Yong’an Village of Lingyang Town Yong’an Village is an administrative village subordinated to Lingyang Town of Cili County located in the left bank of Lishui River, west of the county. The village borders on Taiping Village of Lingyang Town in the east, Yintian Village in the west, Baiyu Residential Committee in the south and Zengshan Village in the north. There are highways between all villages and the communication is very convenient. Electric Power is supplied to every household. The percent of households having rate of telephone is 80%. The whole village has a population of 2,703 persons, among which 2,418 are agricultural population, and the rest are all non-agricultural population. The net income of per capita was RMB 2,750 yuan in 2005. Within the project scope, 7 households with 17 persons in Yong’an Village are required to be resettled by means of reconstruction of houses, of which 3 household have additional houses and require no housing arrangement but cash compensation, and the other 4 households with 7 persons require reconstruction resettlement. The scattered and moving-back resettlement shall be carried out for the resettlers, during which the PMO will pay the corresponding cost, select the reconstruction plot where the resettlers could build their own houses or buy houses, and provide other assistance during the resetlers’ relocation course and help them move into new houses as soon as possible.

5.4 Economic Rehabilitation Planning for Resettlers 5.4.1 Economic Rehabilitation Tasks for Resettlers The planning for economic rehabilitation shall be conducted for the agricultural persons with their farmland lost due to land acquisition under the project. According to the investigation and statistics, 25 groups in 6 villages in Lingyang Town, Cili County, with 278 persons in 111 households affected will be affected by permanent land acquisition (see 2.3.1 (1) and (2) for detail). A total of 49.82mu farmlands will be permanently occupied by project, and hence 74 agricultural persons need economic rehabilitation. The resettlement plan is prepared based on the population to be relocated as actually investigated, not take the nature increase of population into account. For details about the agricultural population in each group to be resettlered by economic rehabilitation, see Table 5.4-1. 9 groups in 7 villages with 194 persons in 85 households will be affected by temporary land acquisition (see 2.3.1 (1) and (2) for detail). During the temporary land use period, the affected farmers can be

96 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

compensated year after year, and after temporary land acquisition, the occupied lands can be leveled and reclaimed by using land reclamation fee and be returned to the affected farmers. Therefore, the economic rehabilitation is unnecessary for temporary land acquisition under the project. 5.4.2 Economic Rehabilitation Objective for Resettlers The reconstruction and rehabilitation of production and livelihood is the key criteria to assess the feasibility of resettlement. In order to ensure that the livelihood of resettlers will not decrease, the rehabilitation and improvement of resettlers’ current net income per capita is the objective of resettlement planning. During December 2005 to January 2006, with the assistance of county PMO and government at each level, the resettlement design unit investigated the affected farmers on their household properties, income and expenditure conditions, and listed the information household by household. According to the analysis on the income and expenses of agricultural family, in 2005, the annual net income in project area was RMB 2038yuan. In project area, during 2002~2005, the mean annual growth rate in rural area was 4.2%. The resettlement implementation plan of the project will be launched in the end of 2007, and the net income standard for rural resettlers will be RMB 2308 yuan in 2007. In order to guarantee that the resettlers will reach or exceed their former living standard after relocation, the net income per capita on average must reach or exceed 2308 yuan. 5.4.3 Economic Rehabilitation Strategy According to the agricultural means of production status and local agricultural production level in project area, the input and output level analysis has been conducted for the economic rehabilitation project for resettlers in project area. The economic rehabilitation strategy was established. For those village groups with sufficient land holdings after land acquisition (8 village groups out of 11 with per capita land holding being 0.5 mu or more after land acquisition), land readjustment will be carried out, which will ensure adequate landholding will be available for all affected persons. Following land readjustment, for those village groups with sufficient land holding and market conditions for vegetable greenhouse development, greenhouse vegetable will be developed for economic rehabilitation, which is based on rehabilitation of one person by developing each greenhouse with 0.25 mu of land area. A total of 5.25 mu of greenhouse vegetable will be developed and provide rehabilitation for 21 persons. For those village groups with limited landholding and experience in animal husbandry activities, development of animal husbandry activities will become part of economic rehabilitation stragegy. The basic investment standard for providing each person of rehabilitation through animal husbandry will be based on degree of land loss among affected people, averaging about RMB 10,000 per person.

97 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Population Calculation for Economic Rehabilitation in Cili County Table 5.4-1

Current Basic Status Occupied Cultivated Land Per capita Village Current cultivated land Per capita Cultivated land (mu) residual Proportion Economic County Town(ship) (residential Group agricultural Commercial cultivated Commercial cultivated occupied rehabilitation (area) Paddy Paddy committee) population Subtotal Dryland vegetable land Subtotal Dryland vegetable land (%) population field field plot (mu/person) plot (mu/person) Cili 3790 2395 49.9 1717 537.3 0.63 49.82 35.32 14.5 0.62 2.08 74 Lingyang 3790 2395 49.9 1717 537.3 0.63 49.82 35.32 14.5 0.62 2.08 74 Shuang’an 801 520 429 91 0.65 26.17 25.37 0.8 0.62 5.03 34 2nd 330 123 32 91 0.37 2.67 1.87 0.8 0.36 2.17 7 13th 248 187 187 0.75 8.3 8.3 0.72 4.44 11 15th 223 210 210 0.94 15.2 15.2 0.87 7.24 16 Beigang 122 72 8 64 0.59 1.5 1.5 0.58 2.08 3 2nd 122 72 8 64 0.59 1.5 1.5 0.58 2.08 3 Taiping 275 180 150 30 0.65 4.5 4.5 0.64 2.5 7 3rd 275 180 150 30 0.65 4.5 4.5 0.64 2.5 7 Jintai 130 80 20 50 10 0.62 0.75 0.75 0.61 0.94 1 2nd 130 80 20 50 10 0.62 0.75 0.75 0.61 0.94 1 Yong’an 656 388.1 21.9 21.22 345 0.59 16.9 3.2 13.7 0.57 4.35 29 Anzui 117 77.4 3.9 3.5 70 0.66 4.8 4.8 0.62 6.2 7 Yongxin 128 61.56 3.7 2.86 55 0.48 3 3 0.46 4.87 6 Xinjie 176 101.9 6.2 5.7 90 0.58 7.3 3.2 4.1 0.54 7.16 13 Yong’an 127 77 4.1 2.9 70 0.61 0.3 0.3 0.6 0.39 1 Changling 108 70.26 4 6.26 60 0.65 1.5 1.5 0.64 2.13 2

98 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5.4.4 Environmental Capacity Analysis The environmental capacity of resettlement area is refers to the number of resettlers that an area can support and absorb with normal economic and ecological sustainability. The scope of this investigation on resettlement’s environmental capacity is based on the rehabilitation scheme that is proposed in Resettlement Plan. As majority of the farmland in project areas have been in possession of others, the agricultural populations who finally need rehabilitation by land have to share original land resources with residents in the same villages, and are guaranteed to get mutual benefit with local residents. To achieve this objective, a series of measures should be taken to increase agricultural income, such as increase investment on agriculture, improve fertility of field, change variety of crops, transform low-yield fields and change dry farm lands into paddy fields. The analysis on the change of land holding among affected villages and groups (Table 5.4.1) indicates: 5 affected villages need economic rehabilitation, whose farmland per capita will be reduced from 0.63 mu/person to 0.62 mu after land acquisition, with average reduction of 0.01 mu/person decreased or proportion of 2.08%. Among the 11 groups of 5 villages affected by land acquisition, those with average farmland over 0.5 mu/person amount to 8 groups in 5 villages, namely the 13th and 15th groups in Shuang’an Village, the 2nd group in Beigang Village, Taiping Village, 2nd Group in Jintai Village, and Anzui, Xinjie, Yong’an and Changling Groups in Yong’an Village. Among them, the 15th group in Shuang’an Village has the most remaining farmland, averaging 0.87 mu/person. Among these affected groups, a large number of farmlands are in low yield because of low investment, lack of management, poor soil fertility, simple crop, and incomplete irrigation facilities. Therefore by fully utilizing potential of existing farmland, it is feasible to improve the level of production and the unit yield and achieve the objective of rehabilitation. The measures, including increasing investment on low yield field, improving soil fertility, adjusting farming system, replanting improved crops variety, building irrigation facilities, and reinforcing field management, shall be adopted to full exploitation for the potential in increase of production level and unit area yield of current cultivated land, so as to reach the resettlement target value. However there are 2 groups (in 2 villages) among 11 affected groups (in 5 villages) with their average farmland below 0.5 mu per person after land acquisition. Among them, 15th group in Shuang’an Village has the largest reduction with 7.24% of loss, with the land holding being 0.19 mu/person; while the 2nd Group in Shuang’an Village has the lowest per capita land holding after land acquisition, or 0.36 mu/person, with reduction being 2.17%. There is small quantity of occupied farmlands, but with relatively large percent of reductions. The main reasons for such situation are: all these villages are located in the urban planning area of Cili County and in recent years most of farmland among these

99 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

villages had been acquired following the rapid development and expansion of Cili County. Since for those agricultural populations who need rehabilitation by farmland, they have to share limited land resources with residents in the affected villages, the limited land holding makes it hard to guarantee mutual benefit for both resettlers and local residents. Concerning this, other related measures should be carried out to provide economic rehabilitation for those village groups with per capita farmland below 0.5 mu/person after land acquisition, which include providing cash compensation to the affected persons for other economic activities development (such as production structure adjustment, green house vegetables development) or non-agricultural economic development (such as animal husbandry development), so as to increase their income, as well as improve their poverty situation. 5.4.5 Economic Rehabilitation Planning During December 2005 to January 2006, the resettlement design unit and the county PMO, together with the relevant department, conducted the on-site survey on the project affected land, water surface, and other natural resources. In the course of resettlement planning and project impact investigation, the consultation meeting with the project affected township (sub-district), village cadres, and some resettler representatives have been held, and the economic rehabilitation schemes for resettlers was discussed. Through the analysis on the geographic locations, land resources ownership, income structure of local residents, and based on the extensive consultation with the resettlers, the overall economic rehabilitation scheme was developed as follows: in-group adjust cultivated land for 29.1 mu to resettle 42 persons; develop the greenhouse vegetable for 5.25mu to resettle 21 persons; and develop the animal husbandry for resettling 11 persons. See Table 5.4-2 for details of resettlement economic rehabilitation in groups. Planning of Resettlement by Economic Rehabilitation in Cili County Table 5.4-2

Agricultural rehabilitation Population In-group Greenhouse Breeding industrial Subproject Town(ship) Village Group by economic adjustment vegetable area rehabilitation Area Area Resettlers Resettlers Project Resettlers (mu) (mu) Cili 74 29.1 42 5.25 21 11 Lingyang 74 29.1 42 5.25 21 11 Shuang’an 34 14 16 3.25 13 11 Pig and chicken 2nd 7 0.5 2 5 breeding 13th 11 2.75 11 15th 16 14 16 Beigang 3 1.7 3 2nd 3 1.7 3

100 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Planning of Resettlement by Economic Rehabilitation in Cili County Table 5.4-2

Agricultural rehabilitation Population In-group Greenhouse Breeding industrial Subproject Town(ship) Village Group by economic adjustment vegetable area rehabilitation Area Area Resettlers Resettlers Project Resettlers (mu) (mu) Taiping 3rd 7 4.4 7 Jintai 1 0.6 1 2nd 1 Yong’an 29 8.4 15 2 8 6 Anzui 7 4 7 Pig and chicken Yongxin 6 6 breeding Xinjie 13 2.55 5 2 8 Yong’an 1 0.6 1 Changling 2 1.25 2

1) Adjust Cultivated Land Within the Affected Groups According to survey, 5 villager groups affected by project in project area would like to choose the economic rehabilitation mode of re-allocating the cultivated land in the group. The land acquisition impact is not evenly affected within these village groups. The cultivated land per capita after land acquisition is between 0.36 mu per person ~ 1.64 mu per person. The affected villagers are accustomed to make a living on the farmland, and lack other skills of making a living, they would like to keep their traditional production mode and means of living. In the overall project planning, there are 29.1mu cultivated land will be adjusted within the villager group to reselle 42 resettlers. After adjustment of cultivated land, the cultivated land per person in this group will be reduced slightly. In order to keep relocatees’ income level increasing as other villagers’, it is necessary to develop further potential capacity of the remaining cultivated land. By following the principle of making up shortage of quantity with improved quality, the yield and output value of the remaining cultivated land will be enhanced. The cultivated land in the project scope are mainly located along the river, which are are often inundated by flood, the actual yield is considerably low, and the flood standards will be improved after project implementation. In this project, together with the implementation of agricultural structure adjustment, some agricultural technicians shall be invited to provide agricultural technique training for rural relocatees and to guide them to adopt the measures of “improving low yield land and changing dry farmland into paddy field”. As a result, the unit output value and the cultivated land capacity could be improved, which means that under land readjustment among affected village groups, all affected persons could have successful economic rehabilitation and resotred their income and livelihood.

101 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

2) Development of Greenhouse Vegetable In the project affected scope, even though the amount of cultivated land to be acuired in 2nd Group and 13th Group in Shuang’an Village and Xinjie Group in Yong’an Village is relatively small, they account large proportion of land holding in these two village groups. According to the selection of most relocatees in these groups, the affected families shall be rehabilitated with cash compensation rather than cultivated land adjustment. The affected families will use the compensation fee to develop greenhouse vegetable, which can meet the urban residents’ requirement of Cili County and also enable the relocates to increase their income through vegetable production. For the whole project planning, there are 5.25 mu land to be used for developing the counter season and organic greenhouse vegetables, which could provide economic rehabilitation for 21 persons. 3) Animal Husbandry According to the investigation, animal husbandry activity is one of the pillar industries in the local rural areas, and the villagers have strong enthusiasm and extensive experience in pig, chicken farm and duck breeding, and the products have a good sale. Considering the higher sale price of poultry meat and wide feed resource in the project region, the resettlers agree to develop animal husbandry activities under current favourable situation . For 2 village groups, namely 2nd Group in Shuang’an Village and Yongxin Group in Yong’an Village in the project area, even though amount of farmland acquired is relatively small, they account for large portion of their land holding. According to the choices by most resettlers, the cash compensation will be adopted instead of carrying out farmland adjustment. The cash compensation will be paid directly to the affected farmers in Yongxin Group (in Yong’an Village). Considering less farmland per capita in 2nd Group in Shuang’an Village and great impact on farmers due to land acquisition, it is proposed to set aside some of village owned forest land in Shuang’an Village for farmers’ rehabilitation purpose. Based on the principle of saving lands, it is planned to develop the animal husbandry with these compensation fees for economic rehabilitation. It is proposed to establish and enlarge 2 small-sized breeding farms in 2 affected groups for resettling 11 persons. The pig breeding and chicken breeding industries will take the main position of the livestcok breeding, and the EA will invite some experts to conduct trainings on the animal husbandry, so as to provide guides on scientific breeding and selection of salable varieties. As the resettlement scheme of the project area is determined based on the opinions of most resettlers, some resettlers will disagree with the proposed resettlement scheme for their village and group, and other modes shall be adopted. The PMO will try best to coordinate and settle the problems. If the resettlers have their own approaches for income generations, namely, they have fixed operation sites in other places, applicable operation skills and production equipment, or relatively steady income resources, or they accept cash compensation and they want to find jobs by themselves, after the EA

102 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

verifies if they completely meet the self-employed conditions, and they will sign the resettlement agreement, receive the notarial certificate and go through other procedures during the project implementation process, the resettlement subsidies and land compensation will be directly paid to the self-employed persons. For the groups and villages need cash compensation, if individual resettlers want to undertake agricultural production, the EA will help them obtain land, and make them to continue agricultural production. 5.4.6 Resettlement Villages Planning 5.4.6.1 Shuang’an Village of Lingyang Town 1) Current State Shuang’an Village is an administrative village subordinated to Lingyang Town of Cili County located in the south bank of Lishui River, east of the county. The village borders on Lingxi Village of Lingyang Town in the east, the County in the west, the Seed Multiplication Farm in the south and Pipa Village in the north. There are village-grade highways between all villages and the communication is very convenient. The whole village is composed of 16 villager’s groups and has 1,409 households with 5,000 persons, among which 2,910 are agricultural population and the rest 2,190 are non-agricultural population. The net income of per capita was RMB 2,410 yuan in 2005. 518 households with the proportion of 30% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 60%, among which 125 persons are working outside mainly in the Guangdong, Wenzhou, etc., engaging in the industries such as construction, timber processing, shoe making, electronics etc. The agriculture in Shuang’an Village focuses on vegetable planting. The total cultivated land is 3,017 mu, of which 1,587 mu of dry farmland and 330 mu of commercial vegetable land, and the current per capita cultivated land is 0.58 mu. 2) Impact by Land Requisition The project will requisition 26.17 mu of cultivated land in the village, of which 25.37 mu of dry farmland and 0.8 mu of commercial vegetable land. The per capita cultivated land after land acquisition is 0.54 mu, 0.04 mu less than that before land acquisition. The decrease proportion of cultivated area after land acquisition is 6.1%. For the details of the cultivated land acquisition, see the table 5.4-3.

103 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Cultivated Land of Each Villager’s Group in Shuang’an Village Table 5.4-3 Occupied ruled cultivated land Reducing Cultivated land area (mu) area(mu) proportion of per Per capita Per capita capita cultivated cultivated Agricultural cultivated Villager’s land before land after population Commercial Commercial land group Paddy Dry land Paddy Dry land (person) Total vegetable Total vegetable before field farmland acquisition field farmland acquisition land land and after (mu/person) (mu/person) land acquisition (%) 2 330 123 32 91 0.37 2.67 1.87 0.8 0.36 2.17 13 248 187 187 0.75 8.3 8.3 0.72 4.44 15 235 210 210 0.89 15.2 15.2 0.83 7.24 subtotal 813 520 429 91 0.64 26.17 25.37 0.8 0.61 5.0% Total 2922 1917 1587 330 0.54 26.17 25.37 0.8 0.54 6.1

3) Resettlement Measures The permanent land acquisition in Shuang’an Village will actually affect 9 households with 38 persons, 34 of which require economic resettlement. Based on the extensive consultation with resettlers and the actual condition of the village, through discussion, the committee of the village made a decision that the resettlers of the village would be resettled in accordance with the following measures: ① The per capita cultivated land in the 2nd group of Shuang’an village affected by the land acquisition in the project is only 0.36 mu, so it is difficult to carry out the cultivated land adjustment within the group. For the households whose cultivated land is requisitioned, at least 75% of all land compensation and total amount of resettlement subsidy will be provided for the them according to the relating national policies, and the cultivated land will not be adjusted within the villager’s group. ② According to the investigation, animal husbandry activity is one of the pillar supporting industries in the local rural areas, and the villagers are with strong enthusiasm in animal husbandry and are of a relatively high feeding level, in addition, the sales conditions of pig farm, chicken farm, and duck farm, etc., are superior. Considering the higher sale price of poultry meat and wide feed resource in the project region, the affected resettlers all agree to develop animal husbandry activities with current tendency. Based on the villagers’ discussion, it is planned to develop respectively one small pig farm and one chicken farm in the 2nd group of Shuang’an Village, which will adopt the joint stock system as the operation mode. The affected households can buy the shares with the land acquisition compensation for themselves, and enjoy the annual dividends.

104 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

③ The villagers hope that the animal husbandry can be supported by holding technical training and guidance class by the village committee. 5.4.6.2 Beigang Village of Lingyang Town 1) Current State Beigang Village is an administrative village subordinated to Lingyang Town located in the left bank of Lishui River, north of the county and with 3km away from the county center. The village borders on Jintai Village in the east, Longping Village in the west, Taiping Village in the south and Nanyang Village in the north. There are village-grade highways between all villages and the communication is very convenient. The whole village is composed of 11 villager’s groups and has 513 households with 1,613 persons, among which 1,613 are agricultural population. The net income of per capita was RMB 1,713 yuan in 2005. 105 households with the proportion of 10.45% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 61%. The agriculture in Beigang Village focuses on grain planting. The total cultivated land in the village is 1,039 mu, of which 253 mu of paddy field and 786 mu of dry farmland, and the current per capita cultivated land is 0.59 mu. 2) Impact by Land Requisition The project will requisition 1.5 mu of cultivated land in the village, which are all dry farmland. The per capita cultivated land after land acquisition is 0.93 mu, 0.004 mu less than that before land acquisition. The decrease proportion of cultivated area after land acquisition is 0.61%. For the details of the cultivated land acquisition, see the table 5.4-4. 3) Resettlement Measures The permanent land acquisition in Beigang Village will actually affect 3 households with 14 persons, 3 of which require economic resettlement. Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision that: Because the 2nd group of Beigang Village is rich in land resource, the affected people, who have surplus farmland over 0.5 mu per person after land acquisition, will be resettled by the method of cultivated land readjustment within the groups. According to the number of persons in the several groups who need economic rehabilitation, a total of 1.7 mu of cultivated land will be adjusted and distributed to the affected resettlers. The land compensation and resettlement subsidy, according to relevant state policies, will be fully paid to the affected village group. The village group with agreement by a two-thirds majority of village members will use the compensation to improve irrigation conditions and increase yield. It is planned to build 250 meters of irrigation canals with a total investment being RMB 18,000.

105 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Cultivated Land of Each Villager’s Group in Beigang Village Table 5.4-4

Occupied ruled Reducing Cultivated land area Per capita cultivated land Per capita proportion of per (mu) Agricultural cultivated land area(mu) cultivated land capita cultivated Villager’s population before land after land land before and group (person) Paddy Dry acquisition Paddy Dry acquisition after land Total Total field farmland (mu/person) field farmland (mu/person) acquisition (%) 2 122 72 8 64 0.59 1.5 1.5 0.58 1.7 Subtotal 122 72 8 64 0.59 1.5 1.5 0.58 1.7 Total 1603 1486 700 786 0.93 1.5 1.5 0.93 0.61

5.4.6.2 Taiping Village of Lingyang Town 1) Current State Taiping Village is an administrative village subordinated to Lingyang Town located in the left bank of Lishui River, north of the county and with 1km away from the county center. The village borders on Lishui River in the east, Beigang Village in the west, Longping Village in the south and Jintai Village in the north. There are village-grade highways between all villages and the communication is very convenient. The whole village is composed of 10 villager’s groups and has 683 households with 2,608 persons, among which 2, 018 are agricultural population. The net income of per capita was RMB 1,546 yuan in 2005. 120 households with the proportion of 17.5% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 65%. The agriculture in Taiping Village focuses on grain planting. The total cultivated land is 1334.86 mu, of which 1152.56 mu of dry farmland and 182.30 mu of commercial vegetable land, and the current per capita cultivated land is 0.65 mu. 2) Impact by Land Requisition The project will requisition 4.5 mu of cultivated land in the village, which is all dry farmland. The per capita cultivated land after land acquisition is 0.66 mu, 0.004 mu less than that before land acquisition. The decrease proportion of cultivated area after land acquisition is 0.34%. For the details of the cultivated land acquisition, see the table 5.4-5. 3) Resettlement Measures The permanent land acquisition in Taiping Village will actually affect 2 households with 8 persons, 7 of which require economic resettlement. Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision that: Because the village is rich in land resource, the affected people, who have surplus farmland over 0.5 mu per person after land acquisition, will be resettled by the method of cultivated land readjustment within the groups. According to the

106 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

number of persons in the several groups who need economic rehabilitation, a total of 4.4 mu of cultivated land will be adjusted and distributed to the affected resettlers. The land compensation and resettlement subsidy, according to relevant State policies, will be fully paid to the affected village group. The village group with agreement by a two-thirds majority of village members will use the compensation to improve irrigation conditions and upgrade low yield farmland. It is planned to build 600 meters of irrigation canals in No. 3 group with total investment being RMB 55,000.

Cultivated Land of Each Villager’s Group in Taiping Village Table 5.4-5 Occupied ruled cultivated land Reducing Cultivated land area (mu) area(mu) proportion of per Per capita Per capita capita cultivated cultivated Agricultural cultivated Villager’s land before land after population Commercial Commercial land group Dry land Paddy Dry land (person) Total vegetable Total vegetable before farmland acquisition field farmland acquisition land land and after (mu/person) (mu/person) land acquisition (%) 3 275 180 150 30 0.65 4.5 4.5 0.64 2.50 Subtotal 275 180 150 30 0.65 4.5 4.5 0.64 2.50 Total 2018 1334.86 1152.56 182.3 0.66 4.5 4.5 0.66 0.34

107 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

5.4.6.3 Jintai Village of Lingyang Town 1) Current State Jintai Village is an administrative village subordinated to Lingyang Town located in the north bank of Lishui River, north of the county and with 7km away from the county center. The village borders on Taiping Village in the east, Longping Village in the west, Nanyang Village in the south and Nanyang Village in the north. There are village-grade highways between all villages and the communication is very convenient. The whole village is composed of 6 villager’s groups and has 280 households with 880 persons, among which 810 are agricultural population. The net income of per capita was RMB 1,600 yuan in 2005. 105 households with the proportion of 10.45% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 61%. The agriculture in Jintai Village focuses on grain planting. The total cultivated land is 630 mu, of which 100 mu of paddy field, 450 mu of dry farmland and 80 mu of commercial vegetable land, and the current per capita cultivated land is 0.96 mu. 2) Impact by Land Requisition The project will requisition 0.75 mu of cultivated land in the village, which is all dry farmland. The per capita cultivated land after land acquisition is 0.95 mu, 0.02 mu less than that before land acquisition. The decrease proportion of cultivated area after land acquisition is 0.94%. For the details of the cultivated land acquisition, see the table 5.4-6. Cultivated Land of Each Villager’s Group in Jintai Village

Table 5.4-6 Occupied ruled cultivated land Reducing Cultivated land area (mu) area(mu) proportion of per Per capita Per capita capita cultivated cultivated Agricultural cultivated Villager’s land before land after population Commercial Commercial land group Paddy Dry land Paddy Dry land (person) Total vegetable Total vegetable before field farmland acquisition field farmland acquisition land land and after (mu/person) (mu/person) land acquisition (%) 2 130 80 20 50 10 0.62 0.75 0.75 0.61 0.94 Subtotal 130 80 20 50 10 0.62 0.75 0.75 0.61 0.94 Total 680 650 120 450 80 0.96 0.75 0.75 0.95 0.94

3) Resettlement Measures The permanent land acquisition in Jintai Village will actually affect 1 household with 4 persons, 1 of which requires economic resettlement. Based on the extensive consultation with resettlers, through

108 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

discussion, the committee of the village made a decision that: Because village is rich in land resource, the affected people, who have surplus farmland over 0.5 mu per person after land acquisition, will be resettled by the method of cultivated land readjustment within the groups. According to the number of persons in the several groups who need economic rehabilitation, a total of 0.6 mu of cultivated land will be adjusted and distributed to the affected resettlers. The land resettlement fee, according to relevant state policies, will be fully paid to the village and shared by all village members. 5.4.6.4 Yong’an Village of Lingyang Town 1) Current State Yong’an Village is an administrative village subordinated to Lingyang Town located in the left bank of Lishui River, middle of the county and with 1km away from the county center. The village borders on Taiping Village in the east, Baiyun Village in the west, Yintian Village in the south and Zengshan Village in the north. There are village-grade highways between all villages and the communication is very convenient. The whole village is composed of 17 villager’s groups and has 805 households with 2,703 persons, among which 2,418 are agricultural population. The net income of per capita was RMB 2,750 yuan in 2005. 80 households with the proportion of 10% in the village engage in the second and third industries such as catering, clothing, goods, etc. The proportion of labor force in the village is 80%. The agriculture in Yong’an Village focuses on grain planting. The total cultivated land is 1,272 mu, of which 70 mu of paddy field, 102 mu of dry farmland and 1,100 mu of commercial vegetable land, and the current per capita cultivated land is 0.64 mu. 2) Impact by Land Requisition The project will requisition 16.9 mu of cultivated land in the village, of which 3.2 mu of dry farmland and 13.7 mu of commercial vegetable land. The per capita cultivated land after land acquisition is 0.63 mu, 0.01 mu less than that before land acquisition. The decrease proportion of cultivated area after land acquisition is 2.08%. For the details of the cultivated land acquisition, see the table 5.4-7.

109 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Cultivated Land of Each Villager’s Group in Yong’an Village

Table 5.4-7 Occupied ruled cultivated land Reducing Cultivated land area (mu) area(mu) proportion of per Per capita Per capita capita cultivated cultivated Agricultural cultivated Villager’s land before land after population Commercial Commercial land group Paddy Dry land Paddy Dry land (person) Total vegetable Total vegetable before field farmland acquisition field farnland acquisition land land and after (mu/person) (mu/person) land acquisition (%) Xinjie 176 101.9 6.2 5.7 90 0.58 7.3 3.2 4.1 0.54 7.16 group Yongxin 128 61.56 3.7 2.86 55 0.48 3 3 0.46 4.87 group Yong’an 127 77 4.1 2.9 70 0.61 0.3 0.3 0.60 0.39 group Anzui 117 77.4 3.9 3.5 70 0.66 4.8 4.8 0.62 6.20 group Changling 108 70.26 4 6.26 60 0.65 1.5 1.5 0.64 2.13 group Subtotal 656 388.12 21.9 21.22 345 0.59 16.9 3.2 13.7 0.57 4.35 VillageTotal 1268 811.36 44.10 57.26 710 0.64 16.90 3.20 13.70 0.63 2.08

3) Resettlement Measures The permanent land acquisition in Yong’an Village will actually affect 11 households with 31 persons, 29 of which require economic resettlement. Based on the extensive consultation with resettlers, through discussion, the committee of the village made a decision that: Because the groups except Yongxin group are rich in land resource, the affected people, who have surplus farmland over 0.5 mu per person after land acquisition, will be resettled by the method of cultivated land readjustment within the groups. According to the number of persons in the several groups who need economic rehabilitation, a total of 8.4 mu of cultivated land and 2 mu of green house vegetable land will be adjusted and distributed to the affected resettlers. The land compensation and resettlement subsidy, according to relevant State policies, will be fully paid to the affected village groups. The village groups will use the compensation to improve irrigation conditions and upgrade low yield farmland. It is planned (i) to build 1,000 meters of irrigation canals in Yong’an, Anzui, Xinjie and Changling groups with a total investment being RMB 100,000; and (ii) to build 2 mu of greenhouse vegetable in Xinjie Group to be distributed to affected

110 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

farmers. For Yongxin group where the per capita cultivated land is less than 0.5 mu, animal husbandry farm will be built for assisting the economic rehabilitation of the affected resettlers. The land compensation and land resettlement fee, according to relevant state policies, will be fully paid to the village group; and village group will pay 75% of land compensation and 100% of resettlement subsidy to the affected households. The proposed animal husbandry farms will be developed as join stock with affected farmers voluntarily investing their shares and receiving dividend each year. 5.4.7 Investment of Economic Rehabilitation 1) Farmland Readjustment In the project, paid-for land readjustment should be carried out in allocating cultivated land. According to the plan, a total of 29.1mu paddy fields and 5.25mu commercial vegetable plots will be allocated to the affected individuals, for which the cost will be RMB 0.7732 million yuan based on RMB22509 yuan per mu of unit compensation rate for paddy adopted for the in the project. 2) Development of Greenhouse Vegetable After land readjustment, due to reduction of farmland per capita, the compensation funds for land should be used and the measures for production development, such as improving cultivated structure and strengthening the management in fields, shall be adopted to recuperate the loss from losing part of cultivated land. According to the analysis of unit price for project development, 4 greenhouses can be developed on the land of one mu based on 0.25mu for each greenhouse. According to the construction cost of RMB 3671 yuan for each greenhouse, the cost of RMB 14685 yuan will be invested to change each mu of paddy field into greenhouse vegetable field. (Table 5.5-3 shows the information in detail). Analysis on Unit Price for Changing Paddy Filed to Greenhouse Vegetable Table 5.4-8 Unit Price Sum Item Unit Qty. Remarks (yuan) (yuan) 1. project

investment 2050 1.1. big shed Piece 1850 1 1850 Including site clearance and shed 1.2. labor force Work-day 20 10 200 erection 2. Matching facility 120 2.1. Hydro facility Yuan 120 3. Operation cost 1160 3.1 seeds Yuan 700 3.2 Farm fertilizer T 140 2 275 3.3 Chemical kg fertilizer 1.24 55 65 3.4 Medicines kg 120 4. Technical service

fee 166.5 5% of total of Items 1~3 5. Contingency fee 174.8 5% of total of Items 1~4

111 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Analysis on Unit Price for Changing Paddy Filed to Greenhouse Vegetable Table 5.4-8 Unit Price Sum Item Unit Qty. Remarks (yuan) (yuan) 6. total 3671

A total of 5.25 mu greenhouse vegetable fields will be developed in project area, which will cost about RMB 77.1 thousand yuan. 3) Development of Animal husbandry For the affected farmers, the cash compensation measures will be selected for the animal husbandry resettlement mode; the affected farmers can undertake the animal husbandry and other activities with these compensation fees. According to the land losses of the affected farmers who will be resettled by cash compensation, the total investment will be RMB 0.11 million yuan. Based on the above analysis and calculation, a total of RMB 0.8603 million yuan is needed for economic rehabilitation for the project. Detailed information is shown in Table 5.4-9.

Estimate of Investment for Economic Rehabilitation

Table 5.4-9

Item Unit Unit price (yuan) Qty. Investment (10000 Rehabilitated Persons Total 86.03 74 1) Commercial vegetable plot adjustment in groups Mu 17788 29.1 77.32 42 2. Development of green house vegetable Mu 14685 5.25 7.71 21 3. Development of animal husbandry Person 10000 11 11 11

5.4.8 Forecast of Economic Income Level Resettlement production development means to combine resettlement with project construction, resource exploitation, soil and water conservation and economic development and make resettlement production reach or exceed original living condition step by step. Planning scheme of production development is brought out on the basis of natural and social economic characters of project region and collecting opinions of resettlers. Analysis of output benefit for each rehabilitation scheme is presented in the followings. 1) Green house vegetables: The production cost of normal year of each green house vegetable is 1160 yuan per year (including operation cost and technical service charge) and each green house can yield 3000 kg of counter season vegetables. Each green house can add RMB 2100 yuan of profit per year which is beyond the per capita net income of RMB 2038 yuan in project region if the

112 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

profit of vegetable per kg is calculated as RMB 1.1 yuan and cost and alternative land profit are deducted (the alternative land profit is RMB 154 yuan if the annual production value of dryland is RMB 616 yuan per mu and each greenhouse occupies 0.25 mu). 2) Animal husbandry: According to the investigation, RMB 550 yuan of all kinds of costs are needed for raising each pig and the net profit for selling each pig is RMB 250 yuan. The income can reach RMB 2250 yuan if each person can raise 9 pigs per year. Because RMB 10 yuan of all kinds of costs are needed for each chicken and the net profit of each chicken is RMB 9 yuan, the income can reach RMB 2160 yuan if each person can raise 240 chickens per year. The above incomes are all beyond the per capita net income of RMB 2038 yuan. Table 5.4-10 shows the analysis of input and output of animal husbandry activities in details. Analysis on Input and Output of Animal husbandry Table 5.4-10 Item Pigs Breeding Chicken Breeding Remarks Quantity (Capita) 9 240 Output value Unit output value (yuan) 800 19 (yuan) Subtotal 7200 4560 Unit cost (yuan) 550 10 Cost (yuan) Subtotal 4950 2400 Unit profit (yuan) 250 9 Profit (yuan) Subtotal 2250 2160

5.4.9 Rehabilitation Measures for Resettlers’ Economic Income The project implementation agency will offer help and support to the resettlers as much as possible during the whole course of resettler livelihood recovery in this project. They include 1) Distribute resettlement subsidy and help resettlers to become self-employed. 2) Strengthen the training of production skills for resettlers and invite experienced specialists to train the resettlers to develop cultivation industry and animal husbandry industry. 3) Give first priority to the resettlers when hire labour for the project construction. The project construction will afford some employment chances including land levelling and landscape works. Though some project tasks will be temporary, the local resettlers will be given short-term incomes which will be useful to enhancing living level of affected people and restoring their income and livelihoods. According to the construction organization design for this project, the project construction will totally take up 0.27 million working days with labor force. It is estimated that 20% of the labor forces will be the local resettlers, namely 54 thousand working days, who will obtain the total income of RMB 1.296 million yuan from the project construction or the income of RMB 5.51 thousand yuan for each resettlers on average, based on RMB 24 yuan/day for each workers currently. 4) The local government will provide such fiscal encouraging policies as tax reduction and subsidy for the

113 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

resettlers engaged in secondary and tertiary industries. Additionally, the banks will also give priority to provide loans for them. ① Fiscal Subsidy: implement the policy of “Basic Value Checked, Subsidy Increased Progressively, and Support for Specific Project”; ② Agricultural tax reduced or exempted for minorities; ③ The “Funds for supporting the regions with less developed economy” (Development Funds for short) established in national finance are mainly used for the less developed old revolutionary bases, minority regions, remote areas and poor regions; ④ Central bank and provincial banks provide preferential policies to minority regions in terms of credit scale and fund arrangement. 5.5 Rehabilitation Plan for Affected Commercial Units The 5 small shops affected by the project are privately owned shops and are located in Taiping Village. Table 2.3-8 provides details about such affected shops. The owners of these 5 affected shops either operate the small shops by themselves or lease to others for operation (2 owners operate by themselves and 3 owners lease to others), with relatively small size (averaging 35.84 m2 per unit). The main customer base is local residents with few floating population. Due to located in low area, they are often impacted by frequent flooding. With construction of commercial market in Cili County, the businesses of these shops are quite poor. According to the investigation, most of them have had the idea of changing business or operating on other places. They wish that after getting compensation they will find alternative site to open new business. The project implementation agency will provide the up-to-the-date information on availability of retail shop spaces in Cili County. For those house owners who are also shop owners, they will be given priority to set their housing plots on the main street or interchange (such as Wenming Road or Heping Street, etc.) with heavy traffic, so that their business level could be increased. For those shop owners who leased spaces, they will be provided compensation for lost business and assistance of moving. Since there are many wholesale and retail markets for small commodities throughout Cili County, such as Nandamen Market, with relatively affordable prices, the affected shop owners could easily to find right commercial booth to continue their business.

5.6 Rehabilitation Plan for Affected Enterprises and Institutions According to the investigation, there is only one enterprise affected by the land acquisition and demolition. As the enterprise has been demolished, so only the compensation will be given to it.

5.7 Minorities Resettlement The Project will have certain negative and positive impacts on ethinic minorities on economic, environment

114 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute and employment aspects. The Project implementation agencies will take relevant measures to minimize negative impacts and enhance positive benefits in order ensure adequate rehabilitation for the affected minorities.

(1) Measures to avoid or minimize negative impacts

(a) Construction Impacts: During construction, to minimize potential impacts on affected minority villages, project implementation agencies will make efforts to reduce construction noise, strengthen traffic safety and repair or rehabilitate damaged irrigation and drainage facilities.

(b) Prevention of AIDS and STD: Even though Cili County is not county with high degree of AIDS or STD, to minimize potential threat of AIDS and STD to Cili County due to Project, Cili County Disease Control Center will take a series of measures, including setting up clinic in the construction site, providing information on prevention of AIDS and STD, and taking necessary prevention measures for construction workers.

(c) Gender Equity: To ensure minority women have same benefits in the Project and their basic interests are protected, according to national laws and regulations, the project implementation agency will take measures like separate or joint consultation meetings so that women have more opportunities in decision making process.

(d) Relocation and Resettlement: For the construction of replacement housing for relocated households, the implementation agencies will consider a number of factors, including cultural customs, agricultural production needs, and long term development. In addition, the implementation agency will set aside 1% of total land acquisition and house demolition compensation to provide necessary assistance to the vulnerable groups, including those minority households. For those households seriously affected by land acquisition, in addition to provide regular land compensation and rehabilitation, basic agricultural and non-agricultural skill training will be provided to facilitate their rehabilitation. In the resettlement office of LPMO, minority staff will be appointed to be responsible for implementing resettlement program for Cili Subproject.

(2) Measures to Enhance Project Benefits

a) The Project Implementation Agency will consult with selected contractors to specify that among those hired as daily labors, at least 75% of local labors employed will be minorities. All contractors should provide necessary job training to the hired labors and pay full wages without delay.

b) Microfinance Plan. Under the coordination of Cili Poverty Alleviation Office, Cili County

115 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Women’s Federation will implement a microfinance program, which will provide micro credit for 2,800 rural minority women in Cili County. The average size of loan is RMB 1,000 to be used for small scale income generation activities. The average repayment period is 0.5 to 4 years, with annual interest rate being 5-6%. About 50% of interest cost will be subsized by the county poverty alleviation office. Affected minority households will have priority to benefit from this program.

c) Tourist Development: The county government and tourist administration agency will take various measures to promote tourism development in Cili County, which include preparing information booklet to introduce Tujia, Bai and Miao cultures, and increasing exposure of Cili resources on internet.

d) Technical Training: As part of economic rehabilitation package, Cili County Agricultural Bureau, Labor and Social Security Bureau will offer various skill training on planting, animal husbandry and non-farm activities to the affected people, including affected minority persons, so that they have more income generation capacity and more opportunities to be employed during project construction.

e) Preferential Policies to Minority Families: In order to encourage ethnic minority people involvement in secondary and tertiary sector development, county government will provide a series preferential policies and tax holiday, such as fixed allowance, special subsidy, and special assistance for newly set up businesses.

5.8 Vulnerable Groups Resettlement and Rehabilitation During the course of resettlement process, appropriate department of the project will specially pay attention to the resettlement of vulnerable group. To those affected vulnerable group mainly including elderly living alone, women headed households, and extremely poor families, in addition to standard compensation provided by the project, the project would provide additional financial or physical assistance so that their rehabilitation and restoration of income and livelihood could be completed as soon as possible. 1) The project will afford special allowance for the families under the poverty line to help them construct houses and keep their living level. The allowance standard shall be subject to the actual situation and their needs. Allowance for the vulnerable group will be calculated by 1% of the total cost of compensation for occupied land and for house & affiliated facilities, which will be used to provide various supports or livelihood assistance for the vulnerable group affected by the project. The detailed

116 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

measures are given as follows: a) The 3 poor households in project affected area due to oldness, weakness, sickness, single parent and no-labor force will be given the house subsidy worth of RMB 3000 yuan/household after project implementation; b) 14 persons in the above 3 households will be provided with subsistence subsidy of RMB 600 yuan/person to help them overcome the difficulties during the demolition. 2) After implementation of the project, the affected households could apply for loan, and local village collectivities could provide guarantees for such application. 3) During the course of implementation of the project, local village collectives will help those vulnerable families with selecting new housing site, rebuilding new houses, and transferring to new houses construction. They include those elderly living alone, disabled, and women headed households. 5.9 Planning of Relocation and Reconstruction Special Facilities 5.9.1 Transport Facilities The land acquisition will affect 6 arch bridges. As the dike lines are subject to the piers, so it is unnecessary to rebuild them. 5.9.2 Transformer Facilities The land acquisition will affect 10KV high-voltage lines of 3.6km, and low-voltage lines of 8.12km. According to the project design, the reconstruction of electric line, if the existing lines crosses the embankment, will be carried out by building more higher pole and line and crossing over the embankment; while it affects tendency of electric lines along the embankment, it will be relocated by changing its route and moving back in existing location. The reconstruction of transformer facilities will be designed and in charged by electric department in Cili County after cash compensation. 5.9.3 Postlines The land acquisition for the project construction will affect HYA1-0.5 postlines of 5km. The reconstruction of postlines will be carried out by building pole and line more higher and crossing over the embankment, if the existing postlines crosses the embankment; while it affects tendency of postlines along the embankment, it will be relocated by changing its route and moving back in existing location. The reconstruction of post facilities will be designed and in charged by post and telecommunication department in Cili County after cash compensation.

117 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

6. Institution and Responsibilities

6.1 Resettlement Engaging in the Resettlement Planning The investigation of demolition and resettlement planning of the project are completed jointly by the resettlement consultation unit organized by Key Project Management Office of Hunan Province Water Resources Department and related resettlement design units. Cili County People’s Government and Water Resource Bureau assigned their staff to join in the work of investigation and planning. Township (town, sub-district), village (residential committee) and group affected by the project arranged the leaders and the masses to join in the investigation and planning.

6.2 Institutions and Responsibilities of Resettlement Implementation Management 6.2.1 Institutions Special resettlement Offices shall be set up in Hunan Provincial Project Office and Cili County PMO in order to manage the resettlement implementation work. There are about 1 to 8 persons in Project Resettlement Office. Because of the high sociality of the resettlement work, the Project Management Office at all levels should be formed by the persons from government, land administration, planning department and agricultural department. A person with rich management work experience will be the leader of the project resettlement office (PRO). There will be 1 to 2 main leaders in the townships (towns, Sub-Districts) and villages (residential committee) affected by the Project. One government leader and Land Administration Station leader will take charge of it in town, township and Sub-District, and village head or director will take charge of it in village and residential committee. See Fig. 6.2-1 for the Frame of Project Resettlement Institutions. 6.2.2 Responsibilities 1) Project Resettlement Leading Group of Hunan Province Leaders from Hunan Provincial People’s Government, Hunan Plan Committee, Hunan Water Resources Department and Provincial Loans Project Execution Office who are in charge of the project will be appointed to constitute the “Project Resettlement Leading Group of Hunan Province”. And its main responsibility is to strengthen the leadership in the project, and to coordinate and to organize the relation of resettlement institutions at all levels. 2) ADB Loans Project Office of Hunan Province The main responsibilities of ADB Loans Project Office of Hunan Province are to organize the work of

118 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

project Resettlement and the planning, to take charge of the policy compilation of resettlement activities of the project, and to organize and coordinate the relation of resettlement institutions at all levels. Provincial Project Management Office will be set up under Provincial ADB Loans Project Office to deal with everyday affairs. 3) Resettlement Management Office of Hunan Province Resettlement Management Office of Hunan Province is constituted by Loans Project Execution Office, and its main responsibilities are to strengthen the leadership in the course of project implementation in Hunan Province, and to coordinate the working relation among the cities in Hunan Province and guarantee the construction of main body of project and the smoothness of land acquisition resettlement. 4) Project Resettlement Leading Group of Cili County Project Resettlement Leading Group of Cili County is managed by leaders of Cili County People’s Government in charge of the project directly, and its main responsibilities are to strengthen the leadership during the course of project implementation in the county, to coordinate the working relation of towns (townships or Sub-District), and to guarantee the smoothness of the construction of main body project, land acquisition resettlement. County PMO shall be set up under the leading group to deal with everyday affairs. 5) Cili County ADB Loans Project Office The main responsibilities of Cili County ADB Loans Project Office are to strengthen the leadership of the project, take charge of policy compilation of resettlement activities, and to organize and coordinate the relations of resettlement institutions at all levels. County Resettlement Implementation Management Office will be set up under it to deal with daily affairs. 6) Cili County Project Resettlement Implementation Management Office The main responsibilities of it are to fulfill management, planning, implementation, coordination and supervision and monitoring of the resettlement:

119 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

ADB Loans Project Management Office of Hunan Province

Project Resettlement Leading Group of

Hunan Province

Project Resettlement Management Office of Hunan

Province

Cili County ADB Loans Project Office

Independent Project Resettlement Resettlement Design Monitoring and Leading Group of Cili Unit Evaluation County Institution Cili County Project Resettlement Implementation Management

Office

Township (town, Sub-District) Resettlement Implementation

Management Office

Village Committee or Residential Committee and Village’s group

Resettlement Household

Fig. 6.2-1 Frame of Project Resettlement Institution

120 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

① Work out the land acquisition of the project, demolition and resettlement policy; ② Entrust the design unit to determine the range affected by the project, to investigate the physical index of the impact of the land acquisition and demolition, and to preserve the data; ③ Apply for the land using and planning, and license on land using and construction; ④ Be in charge of service training of main resettlement leader of Land Acquisition, Demolition, and Resettlement Office; ⑤ Organize and coordinate the compilation and execution of Resettlement Planning Report; ⑥ Be responsible for management and allocation of funds, and supervision the using of funds; ⑦ Guide, coordinate and supervise the resettlement implementation and progress ; ⑧ Preside over and check the internal monitoring activities, and be in charge of compilation of the report on land acquisition, demolition and resettlement; ⑨ Determine the external monitoring institution and assist with the external monitoring activities. 7) Town (township, Sub-District) Resettlement Implementation Management Office It is led by Town (township, Sub-District) leader in charge of this project and composed of the main leaders of Land Administration Station, Police Office, Civil Administration Station and villages. The main responsibilities are as follows: ①Take part in the project investigation and assist in the compilation of Resettlement Action Plan; ②Organize the masses to join in and publicize the resettlement policies; ③Implement, check, monitor and record all of the resettlement activities in the township or town; ④Go through the demolition and rebuilding procedures for resettler’s houses; ⑤Be responsible for the payment and management of land compensation funds; ⑥ Supervise the land acquisition, demolition of houses and attachment, and the rebuilding and demolition of buildings; ⑦ Report the conditions of the land acquisition, demolition and resettlement to County Land Bureau and Resettlement Management Office; ⑧ Coordinate and deal with the contravention and problems in work. 8) Village Committee or Residential Committee and Villager’s group Resettlement Group of Village Committee or Residential Committee and Villager’s group is composed of main leaders of Village Committee and Villager’s group, and its main responsibilities are as follows: ① Take part in the investigation of social economy and the project impact; ② Organize the masses to negotiate and to publicize the land acquisition and demolition policies; ③ Select the resettlement site, and allocate housing plot for the demolition household; ④ Carry out land reclamation, adjustment and allocation, and organize the resettlement activities such as production development;

121 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

⑤ Be responsible for the funds management and allocation; ⑥ Report the opinions and advice of resettlers to the higher authorities; ⑦ Report the progress of resettlement implementation; ⑧ Provide help for the households with difficulties in demolition. 9) Responsibilities of Design Unit During the planning design stage, survey the physical index of demolition, environmental capacity, developable and available resources exactly, to assist the government in the project area to work out the resettlement scheme, to compile the budgetary estimate of compensation and investigation for demolition and the report on demolition and resettlement planning, and to work out the related drawings. In the implementation period, provide design document, technology regulations, drawings and notice for the County PMO in time, report the design technical explanation to project Offices at all levels by phase, assist each settlement Office with the settlement demolition and settlement production arrangement and improve settlement arrangement planning schedule according to the actual conditions. 10) Responsibilities of Independent Institution for External Monitoring and Evaluation Qualified monitoring evaluation institution shall be hired to be the resettlement monitoring unit by the County PMO, and its main duties are: ① As an independent institution for monitoring and evaluation, its main responsibilities are to observe each aspect of the resettlement plan and its implementation, to monitor and evaluate the resettlement work, the implementation result and the social adaptability of the resettlers, and provide resettlement monitoring and evaluation report to the ADB through the PRO. ② Provide technical consultation for Project Resettlement Office in the aspects of investigation and process of the data.

6.3 Supervision Institutions Cili County Project Rettlement Office within LPMO is the supervision institution, and it shall preside and check the internal monitoring, compile project land acquisition resettlement progress report, report resettlement implementation progress, problem and advice for the Provincial Project Office regularly to maintain the good function of resettlement institution at all levels in the course of project implementation, coordinate work of all aspects and master the resettlement implementation conditions. At the same time, County PMO shall hire qualified and independent external monitoring unit to take the charge of the project land-cover demolition and compensatory monitoring evaluation work of resettlement. Independent monitoring unit shall provide technology consultation for internal monitoring

122 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

and management, provide overall resettlement implementation information for County PMO and report resettlement progress, problem and disposal advice for County PMO.

6.4 Resettlement Management System The implementation of the resettlement program for Cili Subproject will be the responsibility of the Cili County Resettlement Management Office, which includes arranging bidding process for both construction of special facilities and infrastructure projects. In addition, the resettlement management office will employ a qualified external monitoring and evaluation agency to carry out independent resettlement monitoring and evaluation. What’s more, computers shall be used to manage the information and keep all archives of resettlement and materials in the course of implementation in PMO at all levels.

6.5 Personnel and Facilities of Resettlement Institution 6.5.1 Personnel Arrangement In order to maintain the resettlement work to be carried out smoothly, special personnel shall be arranged for resettlement management institution at all levels to form a smooth information transmission channel. Personnel of resettlement institution consist of administrators and professional technical staff who own certain profession level and management qualification and land acquisition demolition working experience. See table 6.5-1 for details of related institution personnel conditions.

Table on the Personnel of Resettlement Implementation and Management of Urban Flood Control Project of Cili County Table 6.5-1 Unit: Person

Finance Technical Political Rear-service Institution Name Total Administrator Staff Staff Worker Staff County Resettlement Implementation Management 8 2 2 2 1 1 Institution Town Resettlement Implementation Management 5 2 2 1 Institution Total 13 4 2 4 1 2

123 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

6.5.2 Facilities The facilities equipped with the institution mainly refer to the resource arrangement of resettlement implementation institutions such as office buildings for resettlement institution at all levels, transportation tools, office facilities and communication facilities (see Table 6.5-2 for details). Total amount of facilities management as planned for resettlement institution is 146 thousand yuan, and the funds are open-fee of resettlement implementation institution of general budgetary estimate of resettlement investment.

Table 6.5-2 Table on Facilities Arrangement of Resettlement Implementation Institution of Urban Flood Control of Cili County

Amount Investment Price County Town Project Type Unit (RMB Remarks (Yuan) Total Resettlement Resettlement Y’0000) Office Office 260 1. Office Piece 9360 3 2 1 2.81 yuan/House, hire for 3 years 2.Transportation Piece 0.67 Rent car Tools 3. Office 11.12 Facilities Lenovo 3.1Computer Yangtian Set 8499 3 2 1 2.55 M6000 3.2Printer HP8000 Set 8260 2 1 1 1.65 Panasonic 3.3Duplicatr Set 13600 2 1 1 2.72 FP-7818 3.4Digital SONY Set 4880 2 1 1 0.98 Camera DSC-V1 Green 3.5Airconditionor Set 4000 3 2 1 1.2 505TlyType 3.6Table and Set 800 13 8 5 1.04 chair 3.7Scanner HP4670C Set 3000 2 1 1 0.6 Liguang 3.8Fax Set 1680 2 1 1 0.34 8500 Siemens 3.9Telephone Set 128 3 2 1 0.04 8000 Type 4. Total 14.6 Investment

124 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

6.6 Training Plan To guarantee the work of project implementation can be carried out smoothly, the resettlers should be trained and the training plan should be formulated. Resettlement training plan contains of two aspects: training plan for resettlement administrator and production skills to be mastered by the resettlers. 6.6.1Resettlement Administrator Training Plan Plan and establish county-level, township-level and village-level resettlement institution personnel training and human resource development system. Resettlement administrator training work can be carried out by inviting leader or expert to give the lecture, starting technology training class in each units, visiting and studying in resettlement project, training the administrators on the spot. Training content contains: 1) Resettlement principle and policy; 2) Resettlement planning management training; 3) Resettlement implementation planning design; 4) Resettlement implementation progress management; 5) Resettlement finance management; 6) Resettlement project quality control; 7) Management information system; 8) Resettlement monitoring evaluation; 9) Resettlement project management. 6.6.2 Production Skills Training for Resettlers Resettlement production skill training plan mainly is aimed to train the resettlement household in the aspect of knowledge and practical technology. The training mode of integrating long-term training, short-term training and key technology training together shall be adopted, and also some young person with certain quality shall be sent to study in Hunan Agricultural University and Hunan Agricultural Science Academy in order to provide a number of technical backbones for the project area; Regarding the provincial and county training center as the carrier, we shall hold all kind of practical technology training in order to make a number of resettlement master one to two kinds of practical technology and lead other resettlement households to rich life by science. 1) Training for resettlement backbone: It is planned that we will recommend and sent some resettler’s children or resettlement backbone who is qualified and is active to receive long-term training and education in Hunan Agricultural University in order to make them the pioneers of resettlement development. 2) Training on planning technology: carry out the training on big-shed vegetable production technology, high quality cross hybrid rice, two-low rape technology promotion by inviting agricultural science experts

125 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

to have class fixedly and demonstrate on the spot. 3) Training on aquaculture technology: carry out the training on poultry feeding skill and livestock aquaculture skill by inviting agricultural science experts to have class fixedly and demonstrate on the spot. 6.6.3 Investment on Resettlement Training and Planning A total of six resettlement training workshops will be carried out with 41 persons participating at cost of RMB 34,200. Among them, three workshops will be targeted to resettlers with 26 participants at cost of RMB 11,000; and three workshops will be for resettlement staff with 15 participants at cost of RMB 23,200. The training cost is included in the total resettlement budget. See Table 6.6-1 for details.

6.7 Measures for Institution Consummating 1) Make the responsibility and obligation range of resettlement institution clear and definite, and strengthen the supervision and management; 2) Enrich the forces of resettlement institution at all levels, and especially strengthen the profession technology forces. All of the personnel must own certain profession level and management ability, and strengthen the skills in computer, testing equipment and transportation tools; 3) Select the working personnel strictly, and strengthen the service skill training and carry out the training for administrator and technical staff in order to improve the service ability and management level; 4) Arrange women leaders with proper quantity and make them play a role in resettlement; 5) Establish database and strengthen the information feedback to guarantee the smoothness of information both from the higher to the lower and from lower to the higher, and important problems shall be solved by resettlement leading group. 6) Strengthen the report system and internal monitoring, and solve the problem in time. 7) Establish external monitoring evaluation mechanism and pre-alarm system.

126 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Resettlement Implementation Training Plan Table Table 6.6-1 Funds Amount of Amount of Training Project Training Place Training Mode Lecturer Training Object Training Content arrangement Person (person) Periods period (day) (104yuan) Training for 15 3 2.32 Administrator 1.Resettlement Principle and Policy; 2. Resettlement Project Planning Management; Hunan Hunan Provincial County PMO 3.Resettlement Finance Lecture by Expert PMO 1 1 5 0.55 PMO Administrator Management; Expert 4.Management Information System; 5. Resettlement Implementation Management, etc. Administrator of Town and Cili Provincial Township 1 County Class The Same with Above 1 3 0.8 PMO Expert PMO PMO 2Administrator of Village 11 Domestic Similar Domestic Investment Main Service Personnel Resettlement Implementation 2 1 10 0.97 Project and Study of PMO and Monitoring Management 2. Resettlement Production Skill 26 3 1.1 Training 1.Production technology management; Hunan Agricultural Refresher course and Teachers of Agricultural Resettlement backbone and 2.Agricultural technology 1 1 Half a year 0.49 University entrusting education University resettlement children management; 3. Agricultural production multi-operation Administrator of County Representative of each Township Resettlement town, 1.Planting technology training Class 25(female 13) 2 7 0.61 (Sub-district) PMO Office and agricultural township and 2. Aquaculture training Technology expert village 3. Total 41 6 3.42

127 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

7. Public Participation and Harmonization with Residents in Resettlement Area

7.1 Public Participation Strategies According to relative relocation resettlement policies and code of nation, province and county, in order to maintain lawful rights and interests of resettlers and removed units to be removed and reduce complaints and dispute, work out the policies and implementation detailed rules of removing and allocation of project, compile resettlement plan, do well the implementation and organization work aiming at the rebuilding character of the project. In order to accomplish appropriate resettlement, a great deal of efforts has been made on increase participation and consultation by the resettlers during stages of preparation and implementation of the RP.

7.2 Approaches and Measures of Public Participation 7.2.1 Participation Approaches Before launching investigation work, compile general work outline, listen and accept local government’s opinion for the investigation content, approaches and requirement, etc. Local government dispatches staff to take part in investigation group and work together. In the period of investigation at large, invite principle and representatives of township, village and group to participate in investigation work, and propagate to them the project necessity, project effect, project influence, compensation principle and resettlement schedule, and deliberate over the possible direction of the resettlement together. In the phase of resettlement planning, the work staff of resettlement deliberate with all levels of leaders of county, township (town, Sub-District), listen to and accept opinions, requirements, and existent problems, choose resettlement area. When investigating on the spot, local mass and concerned leaders shall participate in choosing resettlement location. It is proved that the consultative work has active significance to choosing resettlement location of long term potential and establishing scheme which is easy to be accepted by resettlers. 7.2.2 Participation and Consultation Measures Public participation and consultation mainly adopts two ways of small group discussion and spot check of resettlers’ opinion. Illustrate project building purpose, content and importance to the resettler representatives and discuss the matters concerned the resettlement planning together through these manners. Through investigation, a great deal of efforts shall be made on public participation and consultation opinions by design units. On the basis of no prejudice to the collectivity planning principle,

128 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

house-building scheme for resettlement and production resettlement modes should be consistent with mass opinions so that programming is in reason and resettlers are satisfied. In the stage of resettlement implementation, still adopt the ways of colloquia and spot check of resettlers’ opinions, collect resettlers’ information, investigate resettlers’ desire, and perfect resettlement plan ulteriorly. To ensure that the resettlers and local government in the affected area understand the detailed information of the resettlement plan and the resettlement and compensation plan of the project, propaganda to the resettlers the laws and regulations on national resettlement through public participation (colloquia) or local media (such as TV) from the start to the implementation of resettlement plan, so resettlers will know exactly practicality index quantities, the computation method of compensation standard and methods, resettlement measures, appropriation and usage of the resettlement compensation and assistance fund, the rights and compensation method of the resettlers, etc. At the same time, similar information should also be disclosed to the residents in the resettlement area to make them know more about land acquisition information, land compensation standard, fund usage and resettlement information. Disclose resettlement work to gain the support and confidence from both groups to ensure the success of resettlement work.

7.3 Public Participation in the Process of Resettlement Planning In the stages of preparation and compilation of Resettlement Plan, all levels of local government and resettlers should take part in the following item of work: 1) From Dec.2005 to Jan.2006, the investigation on physical indices of relocation and demolition by land acquisition in the project was conducted by Cili County Project Resettlement Office, resettlement design units, Villagers’ groups and resettler representatives. In the process of resettlement planning, project resettlement office and resettlement design units go deep into every village and Villager’s group, adopt the form of holding colloquia participated by cadres of village group and resettlers representatives or discuss with resettlers randomly, further solicit their opinions and suggestions on resettlement (including their choice of resettlement location, production rehabilitation measures, house tearing down and building and compensation policies for land acquisition. For details, see 7.3-1. 2) Cili County resettlement office and design office successively organize and hold consultation meeting participated by all levels of local cadres and all classes of influencing people. Consultation the all classes of existing policies on resettlement of country, province and city. Accept and consult widely their opinions on how to decrease project impact, how to resettle the demolition resettlements for land acquisition and compensation standard for all level of affected people. For details, see7.3-2.

129 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table7.3-1 Questionnaire of Public Attitudes toward the Project

Participant Time Location Participant Discussion Content Final Results Number The officials of each Project introduction, Support project building, Each resettlement resettlement village, design 50 affected area and Dec.2005 agree with resettlement village unit, resettlement (28female) tentative resettlement plan tentatively. representatives scheme Planning committee, town Project introduction, County and town Support project building, government, design units, 30 affected area and Dec.2005 government agree with resettlement planning, country and (16 female) tentative resettlement meeting room plan in principle. resettlers representatives scheme Solicit project opinions on Defining every item of County County government, design 42 compensation, compensation standards, Jan.2006 government units, planning, country, (23 female) resettlement plan and resettlement policies and meeting room resettlers representative land acquisition land acquisition policies.

Table7.3-2 Policies Disclosure

Purpose Content Who and with whom When Where 1.Project influence all kinds of Survey group consists Administrative management quantities of index in kind and of County project organ of project area, township Project impact in land acquisition of project. Office and Jan.2006 government, village committee, social-economy survey 2.Project influence Resettlement design the affected domestic and non socio-economy condition in the units domestic area affected by the project 1.Accept the opinions and suggestions of every relative Tentative consultation for the party of project scheme, compensation policies and County government, demolition and resettlement demolition scheme in the County project Office Mar.2006 Within the project scope work. preparation of resettlement and affected people 2.Resettlers representative plan participate in demolition and resettlement work. 1.Hold consultation meeting, concentrate on introducing conditions and go on accepting Further consultation of County project, opinions and suggestions. compensation policies and demolition Office and June 2.Hold mobilization demolition Demolition Location rehabilitation plan in revising demolition household 2007 work meeting, explain resettlement plan representative resettlement plan, compensation standards and answer the relocatee’s question.

130 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

3) In the process of resettlement plan, the project publicizes relative resettlement information to the residents in resettlement area, through holding the discussions with village officials and resettlers representatives or talk with resettlers randomly. Then they can know more about the land acquisition, land compensation standards, fund usage and resettlement information. Table 7.3-3 Information Disclosure

Disclosure Document Disclosure Way Disclosure Location Date Situation introduction of the project (including 1. Hold the meeting Jan.2006 Project area land acquisition 2.Bulletin column 1.Resettlement Information Introduction of the project of land acquisition and Booklet June 2007 Project area removal 2.Hold the meeting Disclose the bulletin of resettlement plan Bulletin column Febuary 2007 Project area Bulletin column June 2007 Disclose the report of resettlement plan Project area published in the newspaper (1) County Project Office June 2007 Submission to ADB County PMO (2) Website

4) From Feb. to Apr. in 2006, staff of the resettlement planning team conducted survey of willingness among affected households with the assistance and corporation of relevant department of project. The results are listed: ① Know about the project: 97.6% resettlers know about, 2.4%don’t know. ② Know about the channel: 90.2% resettlers know through investigators, 9.8% resettlers through villagers in neighboring village ③ Supporting attitude: All resettlers support the project. ④ Influencing degree: 73.2% resettlers think the project has great influence on them; 6.6% resettlers think the project has limited influence on them; 4.4% resettlers think the project has little influence on them; 6.7% resettlers think the project has no effect on them. ⑤ Demolition and resettlement: 100% resettlers choose the method of move back and resettled locally and hope government arrange unitedly, desire the area of resettlement houses is the same of former one. ⑥ Production resettlement: 85.1% resettlers require cash compensation, 14.9% resettlers require the adjustment of ground.

131 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

7.4 Public Participation and Plan in Implementation of Resettlement Plan Resettlers should be encouraged to participate in the whole process of implementation of resettlement planning of the project. 7.4.1 Participation in the Houses Rebuilding and Resettlement 1) Houses Compensation Standards The houses compensation standard is very important to the resettlers’ benefits. Before the houses are removed, relative organs should consulate and sign contracts on houses compensation standard with resettlers. Consultation results should be publicized before signing agreements so as to accept mass supervision. 2) Houses Rebuilding Location and Method In the stage of preparation and compilation of Resettlement Plan, relative department survey the resettlement houses rebuilding location and method. According to the surveying results of the resettlers’ opinions, most resettlers would like to adopt the resettlement method of exchanging property rights. Local government will offer help in every stage of resettlement and building houses. 3) Dealing with the Old Houses All the removed houses will receive houses compensation according to replacement value. The removed household can first remove then build or first build then remove according to their own willingness in the prescribed time. Old materials of the formal houses can be used by removed household. 7.4.2 Participation in Production Resettlement All the villagers of every village and group should participate in the adjustment and distribution of land and start-up of other agricultural development project, especially take care of resettlers who have special requirements of land. 7.4.3 Participation in the Usage and Management of Land Compensation Fee Land compensation fee should be owned by collectivity of villages and groups, any unit and individual should not withhold and appropriate. After the compensation funds have been given to collectivity of villages and groups, it should be planned as a whole in order to ensure special funds for special purposes. The funds cannot be used until the usage is talked over and agreed in every group of villagers meeting and be supervised by villager representative. 7.4.4 Participation in Project Construction The project construction more or less affect local. In order to ensure the affected people can benefit from the project, mass are encouraged to participate in the project construction and provide convenience in materials and labor services.

132 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

7.5 Women Participation From the start of the project, a great effort has been made on the function of women by the implementation institution of the project and local government. Concern women and families where women are the householder and bring women into play in the process of implementation of resettlement plan. In the affected area, women’s rights, interests and status should be the same as that of men. Women play an important role in economic development activities and housework. Especially in the country, most women stay at home, more men go into the city to find jobs. So besides family responsibility women play an important role in tilling and non-farm work. So in the area affected by the project, women will pay more attention to the project than women, they not only take part in every stage of work of resettlement but also give fineness rein to the direction and method of resettlement. In the period of surveying the project at large, all Women Directors of resettlement villages are invited to participate in surveying work group to propaganda and communicate with affected women; In the small colloquia of resettlers, more than 50% is female, besides they support the project actively, they showed that they pay closer attention to the correctness of surveyed index in kind, rationality of compensation standard and whether the compensation fee can reach in time etc. In the resettlement planning stage, resettlement design unit actively invite female resettlers representatives to discuss together, accept their opinions, requirements and existing problems on production resettlement and resettlement of demolition and houses building. The consultation work has positive significance in releasing women from the worry of living source and traditional production pattern and achieving equal proceeds in the production. Meantime, arrange for at least one-woman cadre in all levels of setup of the project; encourage women to participate in the implementation of the resettlement planning. A great deal of effort will be made on the women’s demolition activities, especially the livelihood rehabilitation by resettlement implementation setup and local government in the process of implementation of the project. Give priority to women and provide more opportunities in the project construction.

7.6 Harmonization with the Residents in Resettlement Area The resettlement demolition of the project is mainly to buy houses by themselves, resettlers can choose place to buy house where they can adapt the new living environment. Of course, it doesn’t mean that there is no estrangement and conflict between the resettlers and former residents. In order to establish good relationship between them, the following work should be done: 1) Before removal, resettlers and residents in the resettlement area should take part in the

133 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

resettlement planning. If you want to get cooperation, participation and feedback opinions of resettlement area and resettlers, introduce to them their rights and schemes they can choose. They can have their own choice from a number of resettlement schemes. They can consult with them directly or define through formal or informal leaders and representatives. In most conditions, do some system arrangement such as project official holds regular meetings with local groups so that resettlers and residents in the resettlement area can show their opinions in the whole period of planning and implementation of the project. Must make effort to see that vulnerable populations express their opinions adequately. 2) Try to decrease the impact on the residents in resettlement area. There may be conflict between resettlers and residents in the resettlement area if resettlers need more land, water sources, wood land and society services, or society and houses facilities provided for resettlers succeed the level of residents in resettlement area. So in order to avoid such conflict, the livelihood condition and society service of the residents in resettlement area should be improved, at least avoid deterioration. Try to provide for two groups the perfect education, water supply and medical service and create better social atmosphere for their permeation.

134 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

8. Appeal Procedure

8.1 Possible Complaint and Problems Solving Methods Resettlement Plan makes overall plan for resettlement scheme from the angle of the affected area of the whole project. In the implementation process, resettlers’ complaint may appear because of the change of actual situation and deviation of operation. According to resettlement experiences got from the constructing and constructed projects, the resettlers’ complaint may be the several following kinds: 1) Index Problem Because of the error in the process of surveying, statistics and computation, the occupied and removed index in kind may be missed out, without entry and wrongly entered to affect resettlers benefits. When such problems happen, the affected people through village committee can report to Cili County project Office in oral or written form. After processed by Cili County resettlement Office, the problems should be submitted to County project Office and supervision unit. Under the leadership of County project Office, organize professional personnel to verify on the spot, sign and issue disposal opinions, ratify and register the missed out item, wrongly entered or missed out index in kind and compensate according to the standard. 2) Compensation Standard A number of resettlers might have concerns on the compensation could not meet rehabilitation needs due to lack clear understanding about national resettlement policies and compensation. Prior to implementation of resettlement project, the design personnel should cooperate with all levels of government and resettlement office, do the technical explanation, explain national resettlement policies and computation process of compensation standard in order to make resettlers understand that compensation standard is compiled according to the national laws and regulations document, which can ensure resettlers move out, live comfortably, develop so as to release their misgiving. 3) Funds In the construction process, due to slow allocation of resettlement funds, houses building, and economic rehabilitation might be affected. Such questions require managers of implementation of resettlement control funds, schedule and quality to ensure resettlement funds can be used effectively as designated. The resettlement fund allocation should be in accordance with the schedule every month and resettlement project proceed according to the schedule.

135 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

8.2 Appeal Channel and Procedure Resettlers enjoy rights and obligations, which are endowed by constitution and law. The exiting laws and codes of our nation can guarantee resettlers lawful rights are not violated. Appeal until getting it, if the lawful rights and interests are violated. 1) Appeal Channel ─ Complaint Office (including resettlement) is set in county, city and province of the resettlements and can investigate and deal with general appeal question of resettlement; ─ Establish all levels of local resettlement management setup according to the law, every lever has the authority to supervise the lower level from province, city to county and can accept appeal case in the way of resettlement; ─ Self-governed resettlement monitoring setup works according to relative regulations of nation, is responsible for maintaining resettler’s lawful rights and interests. The appeal problems of the violation of the rights of resettlers can also be accepted and reflected; ─ The violation laws and discipline case relating to resettlement appeal can be accepted in the law departments such as administrative supervision, auditing, discipline inspection, judiciary and prosecutorial department. For the resettlement appeal system of the whole project, see figure 8.2-1 2) Appeal Procedure If any resettler does not agree with resettlement plan, he/she can reflect to village committee (residential committee), which could consult with local resettlement office directly, or appeal to superior resettlement office in oral form or written form. After superior resettlement Office accept the appeal, keep records and consult with village committee and local resettlement office within 10 days. If the contradiction and dispute can not be solved, in accordance with appeal channel, village committee can appeal to administrative setups step by step such as project office, resettlement management setup, resettlement monitoring setup, complaint office, administrative supervision, disciplinary inspection and procuratorial department etc.) According to Administrative Procedure Law of People’s Republic of China . If resettlers are still not satisfactory, appeal to people’s court directly. Resettlement Office is responsible for keeping records of all appeal problems and solving process and keeps in the archives.

136 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Law department of Project Office of Hunan county, city and province province

Discipline Office of implementation departments of and management of project county, city and resettlement of Hunan province province

People’s letters and Resettlement Office of implementation and visits handling Office monitoring and management of project of county, city and evaluation setup resettlement of Cili County province

Office of implementation and management of project resettlement of Sub-District, town and township

Village committee or villagers group

Affected household

Figure 8.2-1 Appeal System Figure of Project Resettlement

137 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

9. Environment Protection and Management

9.1 The Necessity of Environment Protection The environment evaluation of main body of resettlement investment project shall include the impact of resettlement on the environment. The planning of resettlement shall be conducted with environment evaluation. It is necessary to demarcate the line of resettlement area and calculate the increment of population density in unit area. In agricultural project, if the number of the resettlers is larger than the original number of this resettlement area, the aggravating environment problems will come along, such as deforestation, excessive depasturing, the water and soil loss and the pollution of the hygienic conditions etc. Therefore, appropriate eased measures (including the training of resettlers) shall be included in the resettlement planning, besides other resettlement places can also be chosen. And the urban resettlers will cause the relevant problems related to the population density (such as communication capacity, drinking-water source, hygienic system and medical & healthy treatment etc.). Constructive environmental management methods can supply both good opportunities and benefits to the resettlers and the residents in the resettlement area. If the resettlement causes an unacceptable consequence, we must find another resettlement site or add the resettlement points.

9.2 Liquidation of Relocation All kinds of rubbish, which are produced during the demolition of the various buildings and their attachments within the project range shall all be spoiled in the place designated by the Cili County Environmental Hygiene Administration. The houses and their attachments within the project range shall be demolished; their walls shall be torn down and leveled. And the interior pollution source within the project range shall be removed and disinfected. The existing wastewater of the industrial enterprises within the project range shall be drained off according to the stipulations. Poisonous waste slag shall be delivered to the appointed place and buried. And the warehouse used for storing the chemical materials shall be treated by poison elimination and neutralisation, so that the soil can meet the hygiene standard.

9.3 The Environment Management of the Resettlement Area The environment protection shall be fully considered during the planning and construction of resettlement area, we shall try our best to make the surroundings beautiful and comfortable.

138 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

(1) Level the land of the cutting faces when excavating the new soil, and set up drainage ditches on the cutting faces when necessary to reduce the water scouring to the cutting faces; the waste area shall be forested as soon as possible so as to avoid the water and soil loss; houses and public facilities shall be constructed with the least damage to the forestry vegetation; and trees shall be planted on both sides along the roads. (2) Do a good job of the new houses cleaning: Renovate the environment and spray pesticide before the resettlers move in, and clean the weed and wastewater container or other things both in front and back of the house after settling in. (3) Choose a healthy and clean water source: set up a solid reservoir if it is required to take the spring as the water source, such pollution source as toilet, filter pit, manure pit, livestock barn, waste pit, rubbish pit and waste slag pit etc. are not allowed to be set up in the area 20~30m around the water source.

139 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

10. Monitoring and Evaluation

10.1 Internal Monitoring 10.1.1 Internal Monitoring Agency Organization In this project, the Cili County PMO is authorized as internal monitoring agency, this agency shall be appointed a special leader to be responsible for the relevant problems of resettlement. The leader shall be experienced in resettlement and authorized to coordinate with the relevant departments involved with the resettlement. And the agency shall be appointed the sufficient personnel, and the personnel shall be qualified for experiences of resettlement work and social problems, so as to carry out the right responsibilities. 10.1.2 The Objective of Internal Monitoring The objective of internal monitoring is to maintain the good function of resettlement agencies at all levels during the project implementation process, and coordinate and cooperate with each unit in order to grasp the situation of resettlement implementation timely. 10.1.3 The Content of Internal Monitoring 1) The relocation, allocation of housing locations and housing reconstructions; 2) The implementation schedule and quality of development project of resettlers’ production; 3) The investigation, coordination and proposals for the main problems existing in resettlement and implementation agencies during the implementation process; 4) The family income rehabilitation after resettlers’ relocation; 5) The rehabilitation of vulnerable group; 6) The payment and usage of the resettlement compensation and the situation of fund in place; 7) Resettlers’ participations and consultation during the implementation period; 8) The resettlers’ training and effects; 9) Agencies, training, working timetable and efficiency of the local RO. 10.1.4 The Responsibilities of Internal Monitoring 1) Cooperate with resettlement implementation agencies, departments in charge and external monitoring units. 2) Work out the corresponding tables according to the monitoring contents, and ask the implementation units to fill in and submit the tables to the department in charge and County PMO; 3) The monitoring personnel shall check and investigate on the spot once a month, and they shall participate in the completion acceptance of the resettlement project once a month.

140 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

4) Supervise the implementation of the annual work plan, fund utilization; the annual fund shall be audited by the provincial department in charge of resettlement; 5) Submit the working schedule report to County PMO in July every year; 6) Report the implementation situation to Provincial PMO at the fixed time, and coordinate with the departments in charge according to their requirements at any time.

10.2 External Monitoring 10.2.1 Independent Monitoring & Evaluation Agency For this project, the qualified monitoring unit shall be invited to undertake resettlement monitoring and evaluation. The independent monitoring unit shall provide the comprehensive information on implementation of resettlement to the PMO, including implementation progress, the existing problems and suggestions to the PMO. As a independent monitoring & evaluation agency, Changsha Xinghuan Water & Electricity Engineering Technology Development Co., Ltd. is composed by a high quality group of people with 38 professionals in various fields, such as resettlement planning, resettlement monitoring & evaluation, resettlement supervising, and so on. They are all experienced in providing resettlement planning and resettlement monitoring and evaluation. The company has been involved in resettlement monitoring and evaluation for a number of the World Bank funded projects, such as Hunan Urban Development Project—Changzhutan (Changsha, Zhuzhou and Xiangtan) Flood Control and Sight Road Project; Changjiang River Embankment Reinforcement Project, and Jiangya Multipurpose Project. The Cili County PMO proposes Changsha Xinghuan Company as the resettlement monitoring & evaluation agency in this project. Changsha Xinghuan Company will establish Cili subproject monitoring unit to work closely with Cili Resettlement Management Office on resettlement monitoring and evaluation. They will carry out independent monitoring and evaluation by providing the technical assistance to LPMO and conducting detailed survey among affected people. It is proposed to form Cile subproject monitoring & evaluation unit with staff (including a chief inspector and 8 working personnel) who are experienced in resettlement planning and resettlement monitoring & evaluation, etc.

141 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

142 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

10.2.2 The Objective of Independent Monitoring & Evaluation The Monitoring & Evaluation of resettlement is an efficient management method in resettlement project management, and the objective of independent monitoring & evaluation is to judge if the objective of the resettlement is achieved by means of providing the evaluation of the resettlement works and checking all the implementation works with an eye of long term. The independent monitoring & evaluation agency shall trace the resettlement activities, and give evaluation and proposes to the whole process of resettlement and the recovery of the resettlers’ living standards, and provide alarm system to engineering management department, and supply the report channels for resettlers’ suggestions, so as to ensure the planning and implementation of resettlement in conformity with the laws, regulations and rules issued by PRC, and to ensure the whole project to achieve the objective as expected. 10.2.3 The Contents of Independent Monitoring & Evaluation The independent monitoring units shall conduct the monitoring and evaluation to the implementation effects of rural resettlers’ relocation, the demolition and construction of special facilities and infrastructural facilities, and utilization effects of resettlement fund. 1) Monitoring & Evaluation of resettlement implementation schedule is as follows: ① The schedule of land acquisition and the finalized situation of land for new resettlement area; ② The schedule of the housing demolition and reconstruction; ③ The schedule of resettlers’ relocation; ④ The schedule of employment allocation for the labors; ⑤ The construction schedule of public infrastructural facilities and special works. 2) Monitoring & Evaluation of the payment and utilization of resettlement fund is as follows: ① The situation of the fund being in place; ② The fund input and its utilization; ③ The evaluation of social and economic effects about the fund input. 3) Monitoring & Evaluation of resettlement production resettlement is as follows: ① The planning objective of resettlement production resettlement; ② The basic production situation before and after removal (including the employment situation); ③ The comparisons of main technical and economic evaluation indices before and after removal. If the evaluation fulfills the planning objective degree, the experience and lessons shall be summarized. 4) Monitoring & Evaluation of resettlers’ livelihood relocation is as follows: ① The planning objective of resettlement livelihood relocation; ② The housing condition and residential environment before and after removal;

143 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

③ The economic income and expenditure as well as composition before and after removal; ④ The comparisons of main livelihood evaluation indices before and after removal, evaluate the resettlers’ livelihood quality, and summarize the experience and lessons. 10.2.4 The Methods of Independent Monitoring& Evaluation The monitoring and evaluation activities are conducted on the basis of the investigation data provided by agencies in charge of investigation design and relocation implementation. The evaluation is conducted on the basis of all-around understanding and adopted the combined methods of spot-checking and quick evaluation. Choose a typical model (resettlement household/ village), set up the corresponding evaluation index system according to the different affected objects, and invite the experienced resettlement expert to determine the weighting of each index by the way of “back-to-back”, and take the latest livelihood quality research at home and abroad as reference, manage the indices by dimension treatment, analyze and calculate the investigation achievements, and contrastively evaluate the calculation achievements. 1) Evaluation of Livelihood Standard The independent monitoring agency shall propose and conduct the investigation on basic living standard before implementation of resettlement, and set up a control group according to the random samples of APs. The investigation on living standard shall be repeated annually (it shall be conducted twice at least after implementation completion) so as to measure the change of APs’ living standards. This activity is one of the methods of determining the changes of APs’ living standards. The investigation table of living standard consists of every index used to measure production level and living standard, reflects the changes of production and livelihood by the developing changes of the same index before and after removal. Whether the design of the index will reflect the change of production and living standard of the resettlers truly will be showed in the base investigation. And the design of the index will be improved according to the actual conditions, so as to ensure the acquired information to fully and truly reflect the quantity and quality of resettlers’ production and living standard. 2) Public Consultation The independent monitoring & evaluation unit will participate in the public consultations held by village and township (town) at the fixed time, and evaluate the effects of Aps’ participation and the cooperative degree of Aps during the implementation course of resettlement planning by monitoring these consultation meetings. At the same time, the independent monitoring agency will consult with APs to acquire the knowledge, preferences and hopes of their livelihood, and report these findings to the Project RO. These activities shall be conducted over and over again during the period of resettlement implementation and after implementation.

144 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

3) Complaints The independent monitoring agency shall visit the affected places at the fixed time, and adopt the way of holding talks with local RO and APs to ask about and understand the complaints. Moreover, the independent monitoring agency shall monitor the efficiency of disposal of the complaints continuously. As for the possible changes, the independent monitoring agency shall propose the suggestions if necessary to make the process of resettlement more effective. 4) Other Responsibilities The independent monitoring agency shall propose the suggestions to the project RO during the period of preparation for RP plan and implementation; meanwhile, it is also responsible for the monitoring of the following indicative items: (1) The payment and amount of the compensation; (2) The preparation and sufficiency of the relocation sites; (3) The housing reconstruction; (4) The Aps’ removal; (5) Training; (6) The support to the vulnerable group; (7) The recovery and reconstruction of infrastructural facilities and special facilities; (8) The deployment and recovery of production; (9) The compensation of property loss; (10) The compensation of working time loss; (11) The transition allowance; (12) The compensation of repurchase fee of property loss; (13) The timetable of the above-mentioned activities (it can be used at any time); (14) The setup of resettlement network; (15) The utilization of collective land compensation fee and the resettlers’ incomes; (16) The situation of labor employment and incremental incomes. 10.2.6 The Period, Frequency and Standard of Monitoring & Evaluation 1) The period of monitoring: The working time of independent monitoring unit includes the engineering construction period and the two years after the completion of the project. 2) The frequency of monitoring: The frequency shall be reported at least twice a year at peak period and once in other years according to the schedule of resettlement implementation and arrangement of implementation intensity. And it shall supply consultation for County PMO. 3) The standard of monitoring:The investigation and sampling standard of IME: 5% APs in land acquisition and relocation; 20% affected village in land acquisition and relocation.

145 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

4) The time of monitoring report: Submit the monitoring report to the higher level twice at peak period (in July and December every year), and in other years submit it once in July. 10.2.5 The Procedure of Independent Monitoring & Evaluation

Establish a project, and clarify the objectives, content and requirements

of monitoring and evaluation;

Work out detailed general outline of monitoring and evaluation;

The works in Study the technical line and working methods of monitoring and evaluation; early days

Work out the investigation outline and tables;

Design typical resettlement trail investigation plan for monitoring system.

Give an all-around investigation for the socioeconomic materials of resettlement households and their villagers

Give all-around investigation for the schedule of the resettlers’ relocation and the situation of the fund in place; Monitoring System

Collect the information on typical resettlement households at the fixed time;

Check the random samples.

Conduct the inside liquidation, analysis, calculation, evaluation, and conclude a conclusion; Evaluation System Compile monitoring and evaluation report and submit the report to the County PMO and ADB.

146 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

10.3 The Evaluation of Resettlement After the completion of the project, on the basis of monitoring and evaluation, conduct an evaluation for the resettlement by means of after-project evaluation theories and methods. The content mainly includes the evaluation of successful experience and the useful lessons in the aspects of housing demolitions, enterprises and institutions, and land acquisition etc. And the evaluation will provide the referenced experience for the future resettlement. After resettlement, the evaluation unit shall undertake preparation of the evaluation outline, setup of the evaluation index system, the analysis and investigation on social economy, compilation of The Evaluation Report after the Resettlement Implementation of Cili County Urban Flood Control Project, and then submit the report to Provincial PMO and ADB.

147 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

11. Resettlement Budget

11.1 Compilation Reference and Principle 11.1.1 Main References 1) Land Administration Law of the People’s Republic of China (1999); 2) Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China (2000); 3) Houses Demolition Administration Regulations of the PRC, starting implementation since November 1, 2001; 4) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations, starting implementation since September 1, 2002 5) Provisional Regulations on Cultivated Land Occupancy Tax of the PRC; 6) Methods of Hunan Province for Implementing the Cultivated Land Occupancy Tax (Revision); 7) A Notice by Hunan Provincial Commodity Price Bureau and Financial Department about Reissuing Administration Institutional Charging Items and Standards of Hunan Province National Land Resource System (XJF[2003] No.42); 8) A Notice on Hunan Provincial Land Acquisition Annual Output Value Standard Issued by Hunan Provincial People’s Government General Office (XZF [2005] No.47) 9) Hunan Provincial Implementation Methods for Expropriation, Utilization and Administration of Forest Vegetation Recovery Fee (XCZ [2003] No.10 Document) 10) Regulations about Land Acquisition and Resettlement for Hydraulic and Hydropower Project (SD290--2003); 11) Relative procedures and specifications of each professional department; 12) Investigation on tangible materials index affected by the project and achievements of resettlement planning. 11.1.2 Compilation Principle 1) For the following items such as production resettlement, demolition relocation, demolition and reconstruction for the special facilities which are planned and designed with reference to the relevant national policies, regulations and standards, calculate the investment according to the design program and the corresponding works quantities (or physical materials amount). 2) Standards for land compensation fee and relocation subsidies, and compensation fee for young crops shall be calculated and determined according to the relevant regulations from Methods of Hunan

148 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Province for Implementing the Land Administration Law of the People’s Republic of China; 3) Housing compensation standard shall be determined according to typical unit price analysis on the houses in the project-affected area; compensation standards for auxiliary facilities, scattered trees, and demolition subsidies shall be determined comprehensively according to the compensation standards for the typical design or the similar project. 4) Compensation fee for the special facilities shall be determined on the basis of “original scale, original standard and original function” according to the actual rehabilitation situation.

11.2 Resettlement Compensation Fee 11.2.1 Land Compensation 1) Project-involved Permanent Land Occupation The land compensation, resettlement subsidies and production compensation fee are calculated as RMB 2.642 million yuan according to various kinds of the acquired land quantities and compensation standards. 2) Project-involved Temporary Land Occupation The temporary land use in this project is set at 283.13 mu, including 54.1-mu paddy field, 36.6-mu dry farmland, 83.15-mu shrubbery land, 24.3-mu flood land and 84.98-mu water land. According to the compensation standards for various temporary lands occupation, the temporary compensation fee of this project is calculated as RMB 0.7279 million yuan. 11.2.2 Compensation for Houses and Auxiliary Facilities The compensation for houses and auxiliary facilities in this project mainly includes the compensation fees for residential houses and non-residential houses as well as the auxiliary facilities. The compensation fees for the houses and auxiliary buildings are calculated as RMB 3.1796 million yuan according to the project-involved demolition tangible material indices and standards for compensation subsidies. 11.2.3 Compensation for Infrastructural Facilities The compensation for infrastructural facilities in this project mainly includes fees for the following infrastructures such as the site leveling, water drinking, illumination, and roads, etc. in the centralized resettlement site and scattered resettlement site. The demolition and resettlement is planned to be 107 persons from 33 households. The investment is totally calculated as RMB 0.1605 million yuan according to the compensation standard of RMB 1,500 yuan per capita.

149 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

11.2.4 Relocation Transportation Fee The transportation fee of this project mainly includes transportation fee, livelihood subsidies, temporary housing subsidies and secondary transportation fee, etc. The investment is totally calculated to be RMB 0.0642 million yuan, according to the required relocation and removal of 107 persons from 33 households. 11.2.5 Compensation for Enterprises and Institutions The housing relocation compensation for enterprises and institutions is counted into the compensation parts of houses and auxiliary buildings. As this unit has been removed, the compensation shall be counted into the land compensation and housing compensation. 11.2.6 Compensation for Individuals Engaged in Small-scale Business The demolition compensation for self-employed commercial small shop is counted into the compensation part for houses and auxiliary buildings. The loss compensation for business stop is calculated as RMB 9,000 yuan according to the booth business area of required demolition by 15 yuan/m2 per month (business shutdown period is calculated as 3 months); for the comprehensive transportation and incidental expenses, the compensation investment is calculated as RMB 1,000 yuan to 200 yuan per family. The compensation for individuals engaged in small-scale business is totally calculated as RMB 9,100 yuan. 11.2.7 Subsidies for Vulnerable Group The subsidies for the vulnerable group in this project is calculated as 1% of compensation fee for the land acquisition and for the houses and auxiliary facilities, the investment is RMB 65,500 yuan, and mainly used for offering various kinds of help or livelihood support fees for the vulnerable group affected by the project. 11.2.8 Resettlement Compensation Investment The resettlement compensation investment of this project is the sum of Item 11.2.1~Item 11.2.7, totally calculated as RMB 6.8488 million yuan. For details, see Table 11.2-1.

150 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Budget Statement for Resettlement Compensation Investment of Cili County Urban Flood Control Project Table 11.2-1 Unit Price Investment Item Sub-item Sub-sub-item Unit Quantity Remarks (yuan) (In Y’0000) I. Land Compensation 336.99 (I). Permanent Land Acquisition mu 149.36 264.20 1. Collective Land mu 147.64 256.17 1.1 Cultivated Land mu 49.82 111.21 Dry Farmland mu 35.32 12247 54.74 Commercial mu 14.50 31827 56.47 Vegetable Plot 1.2 Flood Land mu 44.53 7348 41.41 1.3 Garden Land mu 39.97 17545 80.22 1.4 Waste Land mu 1.5 1647 0.41 1.5 Housing Plot mu 11.82 14434 22.92 3、State-owned Land mu 1.72 2.1 Enterprises’ Land mu 1.72 46690 8.03 Use (II) Temporary Land Acquisition mu 283.13 72.79 Including reclamation cost of cultivated Paddy Field mu 54.1 6733 36.43 land Including reclamation cost of cultivated Dry Farmland mu 36.6 5707 20.89 land Shrubbery Land mu 83.15 1253 10.27 Flood Land mu 24.3 2140 5.20 Waste Land mu 84.98 No Compensation II. Compensation for Houses and 317.96 Auxiliary Facilities (I). Residential Houses ㎡ 8623.16 248.51 1. Rural Residential Houses ㎡ 8623.16 248.51 Brick Concrete ㎡ 6741.26 309 208.30 Brick Wood ㎡ 1629.9 239 38.95 Simple Structure ㎡ 252 50 1.26 (II). Non-residential Houses ㎡ 1916 66.65

151 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Budget Statement for Resettlement Compensation Investment of Cili County Urban Flood Control Project Table 11.2-1 Unit Price Investment Item Sub-item Sub-sub-item Unit Quantity Remarks (yuan) (In Y’0000) Brick Concrete ㎡ 1876 354 66.41 Simple Structure ㎡ 40 60 0.24 (III). Auxiliary Facilities 2.8 Wall ㎡ 170 18 0.31 Cement Sunny Ground ㎡ 819 15 1.23 Well Place 14 200 0.28 Telephone Set 28 200 0.56 CATV Household 28 150 0.42 III. Compensation for 16.05 Infrastructural Facilities Site Leveling, Water-drinking and Person 107 1500 16.05 Illumination IV. Relocation Transportation Fee 6.42 1. Material Transportation Fee Person 107 100 1.07 2. Livelihood Subsidies Person 107 100 1.07 3. Temporary Housing Subsidies Person 107 300 3.21 4. Secondary Transportation Fee Person 107 100 1.07 Agricultural vehicle station has been V. Compensation for Enterprises canceled, and its compensation is listed and Institutions into compensation for non-residential houses. VI. Compensation for Individuals 0.91 Engaged in Small-scale Business Calculated as production and business 1. Business Stop Loss m2·month 179.2 15×3 0.81 stop of 3 months in principle 2. Comprehensive Transportation Family 5 200 0.10 Incidental Expenses Calculated as 1% of the land acquisition VII. Vulnerable Group Subsidies 6.55 compensation fee and compensation for houses and auxiliary facilities Total 684.88

152 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

11.3 Compensation for Special Facilities As the relevant professional department in charge of the project-affected special facilities will conduct rebuilding planning and undertake the construction, the rebuilding compensation investment in this budget is temporarily calculated according to the quantities actually affected by the project. 1) Compensation for traffic facilities: Having been considered in the project design, this item needs not to be listed repeatedly here. 2) Compensation for power transmission and transformation facilities: Mainly including rebuilding compensation fee for the pole removing and line changing of 10KV high voltage line and 380V low voltage line, with the investment equivalent to RMB 0.4033 million yuan in total. 3) Compensation for post facilities: The line cable specification of the post is HYA1-0.5, the investment is calculated to be RMB 0.1266 million yuan in total according to 25,310 yuan/km. 4) Oil storage facilities: The compensation investment on oil storage facilities is totally calculated to be RMB 0.15 million yuan according to 15,000 yuan/km. The compensation investment on the above-mentioned special facilities is calculated to be RMB 0.6799 million yuan in total. For details, see Table 11.3-1. Compensation Investment Budget for Special Facilities Affected by Land Acquisition Relocation of Cili County Urban Flood Control Project

Table 11.3-1 Item Unit Unit Price (Yuan) Quantity Investment (In Y’0000) Remarks I. Power Transmission and 40.33 Transformation Facilities 1. High Voltage km 50000 3.6 18.00 Line 2. Low Voltage km 27500 8.12 22.33 Line II. Telephone Line km 25310 5 12.66 III. Oil Storage Facilities 15000 10 15.0 Total 67.99

11.4 Other Costs 1) Cost for survey, design and scientific research: The cost of required survey, layout, design and scientific research for land acquisition and resettlement design, is calculated to be RMB 0.2259 million yuan as 3% of the sum of the resettlement compensation fee and compensation investment on special facilities. 2) Implementation Management Cost: Including the routine management cost for resettlement implementation agency, such as salary, official business and evection, etc., it is calculated to be RMB

153 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

0.2259 million yuan as 3% of the sum of cost for resettlement compensation and compensation investment for special facilities. 3) Implementation Agency Initiation Cost: Including cost for official rooms, vehicles and equipment procurement and other required costs for the start-up and operation of the resettlement implementation agency, which is calculated to be RMB 0.146 million yuan. 4) Technical Training Cost: Required cost for enhancing the production skills and cultural accomplishment of the rural resettlers and the management level of resettlement cadres. The cost is calculated to be RMB 0.0342 million yuan as 0.5% of resettlement compensation investment. 5) Supervision and M & E Cost: Cost for resettlement comprehensive supervision, monitoring and evaluation. The cost is calculated to be RMB 0.1129 million yuan as 1.5% of the sum of the cost for rural resettlement compensation and compensation investment for special facilities. Through calculation, the other costs for the above-mentioned items total up to RMB 0.7449 million yuan.

11.5 Basic Contingency Fee The basic contingency fee is calculated to be RMB 0.7765 million yuan as 10% of the investment sum of resettlement compensation, compensation for special facilities and other costs.

11.6 Relevant Tax 1) Cultivated land occupancy tax: According to the statistical materials of Cili County in 2005, the cultivated land area per capita of agricultural population in the project area is 0.62 mu. According to Methods of Hunan Province for Implementing the Cultivated Land Occupancy Tax, for areas where the cultivated land area per capita is 0.5 mu~1 mu, the tax standard for paddy field, dry farmland and garden land is 4~8 yuan/m2, 4 yuan/m2 is adopted here; and the cultivated land occupancy tax of the commercial vegetable plot is set at 10 yuan/m2. The cultivated land occupancy tax is totally calculated to be RMB 0.2975 million yuan in this project. 2) Cultivation Fee for Cultivated Land: According to the XJF[2003] No.42 Document issued by Hunan Provincial Commodity Bureau and Hunan Provincial Financial Department, Cili County belongs to Grade IV District, and the cultivation fee standard for cultivated land is: 8,000 yuan/mu for paddy field and 5,000 yuan/mu for dry farmland. According to the relevant regulations in documents issued by the Ministry of National Land Resources, State Economic and Trade Committee and the Ministry of Water Resources A Notice about Relative Problems of Land Acquisition for Hydraulic and Hydroelectric Project Engineering (GTZF[2001] No.355), for the cultivated land acquisition of

154 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

project which is mainly for flood control, water supply (including irrigation) profits, the cultivation fee can be charged as 70% of the floor level of cultivation fee of cultivated land regulated by the People’s Government of each province. Hereby, the cultivation fee standard for cultivated land is determined as 5,600 yuan/mu for paddy field, and 3,500 yuan/mu for dry farmland. Through calculation, the cultivation fee for cultivated land totals up to RMB 0.2048 million yuan. 3) Recovery Fee for Forest Vegetation: The calculation scope of forest vegetation recovery fee includes forest land like timber land and shrubbery land affected by the flood inundation and productive development. According to the relevant regulations from Hunan Provincial Implementation Methods for Expropriation, Utilization and Administration of Forest Vegetation Recovery Fee (XCZ[2003]No.10), the recovery fee standard for shrubbery land is set at 3 yuan/m2. Through calculation, the forest vegetation recovery fee is set at RMB 0.1664 million yuan. The above-mentioned relevant tax is calculated to be RMB 0.6687 million yuan in total. See Table 11.6-1 for details. Calculation Statement for Relevant Tax of Land Acquisition in Cili County Urban Flood Control Project

Table 11.6-1 Unit Price Amount (In Item Unit Quantity Remarks (yuan) Y’0000) I. Cultivated Land Occupancy Tax 29.75 1. Cultivated Land 29.75 1.1 Dry Farmland ㎡ 4 23558.44 9.42 1.2 Commercial Vegetable Plot ㎡ 10 9671.50 9.67 1.3 Garden Land ㎡ 4 26659.99 10.66 II. Cultivation Fee for Cultivated Land 20.48 1. Dry Farmland mu 3500 35.32 12.36 2. Commercial Vegetable Plot mu 5600 14.50 8.12 III. Forest Vegetation Recovery Fee 16.64 1. Shrubbery Land mu 3 55461.05 16.64 Total 66.87

11.7 Total Budget The total budget of compensation investment on land acquisition, demolition and resettlement in this project is RMB 9.7696 million yuan (the total investment excluding the relevant tax is RMB 9.1009 million yuan) and will be entirely listed into the total budget of the project and undertaken by the Cili PMO. For details of the total resettlement budget, see Table 11.7-1.

155 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Total Resettlement Budget in Cili County Urban Flood Control Project

Table 11.7-1 Investment Item Sub-item Remarks (InY’0000) I. Resettlement 684.88 Compensation Fee 1. Land Compensation 336.99 2. Compensation for Houses and 317.96 Auxiliary Facilities 3. Compensation for Infrastructural 16.05 Facilities 4. Relocation Transportation Fee 6.42 5. Compensation for Enterprises This unit has been canceled, and listed into

and Institutions the compensation for non-residential houses 6. Compensation for Individuals 0.91 Engaged in Small-scale Business 7. Subsidies for Vulnerable Group 6.55 II. Compensation for 67.99 Special Facilities 1. Compensation for Power 40.33 Facilities 2. Compensation for Post Facilities 12.66 3. Compensation for Oil Storage 15.00 Facilities III. Other Costs 74.49 1. Cost for Survey, Design and 22.59 3% of the sum of Item I and II Scientific Research 2. Implementation Management 22.59 3% of the sum of Item I and II Cost 3. Implementation Agency Initiation 14.6 Cost 4. Technical Training Cost 3.42 0.5% of Item I 5. M&E Cost 11.29 1.5% of the sum of Item I and II IV. Basic Contingency 82.74 10% of the sum of Item I to Item III Cost V. Total Investment 910.09 (excluding tax) VI. Relevant Tax 66.87 1. Cultivated Land Occupancy Tax 29.75 2. Cultivation Fee for Cultivated 20.48 Land 3. Forest Vegetation Recovery Fee 16.64 VII. Total Investment 976.96 (including tax)

156 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

11.8 Balance between Resettlement Budget and Production Investment According to the relevant resettlement articles written as follows: “Land compensation fee and resettlement subsidies are used by the units with land acquired for production rehabilitation and development, and arranging the employment for the surplus labor forces caused by the land acquisition and livelihood subsidies for people incapable for work. It can also be contracted to the county (city) and be unifiedly allocated by the county (city) for land exploitation, resettlers’ production and livelihood resettlement for resettlers. But these special funds must be specially used. The funds shall not be privately shared or used for other purposes.” In case that the land compensation and resettlement subsidies cannot meet the requirements of resettlers’ production and resettlement, the resettlement subsidies can be increased according to the situation. Therefore, the land compensation fee and resettlement subsidies, as the only fund resource of the resettlers’ production and resettlement, must be equal to or a little more than the total investment of production resettlement. According to the resettlers’ production resettlement planning, the required production resettlement population in this project is involved with 74 persons. The investment on production development project totals up to RMB 0.8603 million yuan (see Table 5.4-6 for details). The permanent collective land acquisition compensation fee in the project area is RMB 1.1121 million yuan in total, RMB 0.2518 million yuan more than the required investment on production resettlement of agricultural population, which is a little more than the investment required for its production resettlement. This indicates that the land compensation standard is relatively suitable, and can meet the fund requirement of resettlers’ production resettlement. The fund margins can be unitedly used for continuous development by each village group, such as launching village-owned enterprises, land resources development and used as fund investment for other projects as improving low-yield farmland and converting dry farmland to paddy fields, etc., so as to ensure the resettlers’ living standard to reachs or exceed their original standard.

11. 9 Annual Fund Use Plan The yearly investment plan of each resettlement compensation fee is worked out on the basis of resettlement progress arrangement. The annual fund use plan is arranged as follows: for the first year, RMB 4.15 million yuan, accounting for 42.5% of the total investment; for the second year, RMB 3.3 million yuan, accounting for 33.8% of total investment; for the third year, RMB 2.32 million yuan, accounting for 23.7% of total investment. For details of yearly fund use plan, see Table 11.9-1.

157 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Phased Investment Plan Statement Table 11.9-1 Total Investment 1st Year (In 2nd Year (In 3rd Year (In Item Sub-item (In Y’0000) Y’0000) Y’0000) Y’0000) I. Resettlement 684.88 294.73 193.66 196.49 Compensation Fee 1. Land Compensation 336.99 151.65 84.24 101.10 2. Compensation for Houses and 317.96 143.08 79.49 95.39 Auxiliary Facilities 3. Compensation for Infrastructural 16.05 16.05 Facilities 4. Relocation Transportation Fee 6.42 6.42 5. Compensation for Enterprises and

Institutions 5. Compensation for Individuals 0.91 0.91 Engaged in Small-scale Business 6. Subsidies for Vulnerable Group 6.55 6.55 II. Compensation for 67.99 67.99 Special Facilities 1. Compensation for Traffic Facilities 2. Compensation for Power Facilities 40.33 40.33 3. Compensation for Post Facilities 12.66 12.66 4. Compensation for Oil Storage 15 15 Facilities III. Other Costs 74.49 22.08 38.29 14.12 1. Cost for Survey, Design and 22.59 5.98 10.96 5.65 Scientific Research 2. Implementation Management 22.59 5.98 10.96 5.65 Cost 3. Implementation Agency Initiation 14.6 7.3 7.3 Cost 4. Technical Training Cost 3.42 3.42 5. M & E Cost 11.29 2.82 5.65 2.82 IV. Basic Contingency 82.74 31.68 29.99 21.07 Cost V. Total investment 910.09 348.49 329.92 231.68 (excluding tax) VI. Relevant Tax 66.87 66.87 1 Cultivated Land Occupancy Tax 29.75 29.75 2. Cultivation Fee of Cultivated Land 20.48 20.48 3. Forest Vegetation Recovery Fee 16.64 16.64 VII. Total investment 976.96 415.36 329.92 231.68 (including tax)

11.10 Fund Flow The compensation fund shall be paid and used according to the compensation policies and standards determined in the resettlement activity plan. The funds shall be appropriated under the supervision and management of the interior monitoring agency and checked by the exterior monitoring agency.

158 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Cili County PMO will sign Contract Agreement of Resettlement Task Investment in Cili County Urban Flood Control Project with County Project RO, and pay county RO in batches according to resettlement implementation progress. County Project RO then appropriates in classifications according to construction projects: 1) Land Acquisition: County Project RO sign Agreement of Land Acquisition Compensation and Attachments on Field with townships (management section) and villager committees affected by the project. The payment of compensation funds shall be paid to the Township (management section) Resettlement Office by County Project Resettlement Office via the bank according to the compensation items, quantity, time and expenses regulated in Agreement of Land Acquisition Compensation. Then the Township (management section) Resettlement Office pays the villager committee or villager’s group. The relative villager committee uses the land compensation fee for developing the production. The resettlement subsidies shall be paid to the rural collectivity. Then the rural collectivity will pay the resettlement subsidies to institutions or individuals according to resettlement scheme. Compensation fee for the attachments on field will be paid to the owner through the villager committee. 2) Residential Houses: County Project RO will sign Agreement of Demolition Compensation for Project Resettlement Families with the involved and affected demolition resettlement households according to the following contents as basic conditions of the demolished houses, compensation amount, subsidies, payment mode and deadline, and demolition time limit, etc. The compensation fund is appropriated directly to the affected households by County Project RO. 3) Non-residential Houses: County Project RO will sign agreements with the relocatee on the contents of compensation standard, resettlement mode and demolition time limit, etc. The compensation fund is appropriated directly to the relocatee by County Project RO. 4) Compensation Fee for Public Infrastructural Facilities: County Project RO sign the Agreement of Compensation for Public Infrastructure with the project-affected township (management section) and the villager committee, or the Contract of Resettlement Project Construction with the construction unit directly. The compensation fund shall be paid to the relative townships, the villager’s groups and the undertaking units in batches according to the stipulations of the contractual agreement. 5) Special Facilities: County Project RO will sign Agreement of Compensation for Rehabilitation and Rebuilding of Special Facilities with each special department. Compensation investment on rehabilitation and rebuilding of the special facilities is paid to each special department in charge by County Project RO via the bank. For details of resettlement compensation fund flow of this project, see Fig. 11.9-1.

159 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

11.11 Fund Appropriation 11.11.1 Appropriation Principle 1) All the expenses related to land acquisition demolition will be listed into the project engineering total budget, and compensation fees for land acquisition demolition and other expenses will be paid by PMO via the County (District) RO to the relevant units and individuals; 2) The land acquisition fees will be paid by County (District) RO via the bank to the administrative villages, which will use them in principle for production rehabilitation of the villagers’ groups that are directly affected by the project or absorb the resettlers; 3) The compensation fees for the resettlers’ houses will be paid by the County (District) RO to the resettlement households before their building houses. If the compensation fee for houses will be paid by installment to the resettlers, the last sum of amount shall be paid to them before the completion of building houses; 4) The land compensation fee will be paid three months before the acquisition of the land. 5) In order to ensure the smooth implementation of resettlement of land acquisition demolition, the project office shall establish finance and supervision organs at various levels, so as to ensure the timely appropriation of all the funds in place. 11.11.2 The Organ in Charge of Resettlement Finance 1) The organs in charge of compensation fund for the rural land acquisition are special finance organs of the County (District) RO, LAB, and township (town) as well as village committee. 2) The organs in charge of compensation fund for rural housing demolition and special facilities are the special finance organs under the the County (District) RO. 3) For the resettlement fund, carry out the level-by-level appropriation mechanism from the above to below. The organs at the various levels will strictly carry out the financial settlement and auditing system, examine and report the fund fulfillment and utilization to the higher level at the fixed time, and put forward the rectification and remedy measures to unexpected conditions, so as to ensure the appropriation and utilization of the fund as planned. 4) Ensure the resettlement fund in exclusive use. No permission for the holdback by any intermediate organs or misappropriation for other purposes.

160 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Land Compensation Fee County PMO County Project RO Township (management section) Villager Committee or Villager’s Group RO

Resettlement Subsidies County PMO County Project RO Township (management section) Villager Committee or Villager’s Group RO

Compensation Fee for Young Crops County PMO County Project RO Township (management section) Villager Resettlement RO Committee Household

Compensation Fee for Residential County PMO County Project RO Township (management section) Relocatee Houses and Auxiliary Facilities RO Household

Relocation Subsidies County PMO County Project RO Township (management section) Relocatee Household or the Relevant Unit RO

Compensation Fee for Tomb County PMO County Project RO Township (management section) Owner RO

Compensation Fee for Infrastructural County PMO County Project RO Construction Unit Facilities

Non-residential Production and County PMO County Project RO Relocatee Business Shutdown Loss Fee

Non-residential Relocation Subsidies County PMO County Project RO Relocatee

Compensation Fee for Resettlement Resettlement for Compensation Fee Compensation Fee for Special County PMO County Project RO Department in Charge of the Construction Facilities Special Facilities Unit

Subsidies for Vulnerable Group County PMO County Project RO Township (management section) Vulnerable RO Group

Planning and Design Cost County PMO Resettlement Design Unit

M&E Cost County PMO M & E Unit

Technical Training Cost County PMO Technical Training Unit

Implementation Management Cost County PMO Resettlement Implementation Organ at Various Levels

Fig.11.10-1 Fund Flow Chart of Resettlement Compensation in Cili County Urban Flood Control Project

161 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

12. Resettlement Progress Arrangement

The schedule of resettlement progress arrangement should be worked out in terms of the construction contents, works quantities, time limit, resettlement objects and modes, and other factors. 12.1 Principles of Resettlement Progress Arrangement 1) For the rural resettlers’ land acquisition demolition, at the time of arranging the implementation progress, houses within the range of land acquisition demolition, in collaboration with the characteristics of agricultural production, should be arranged in slack season as much as possible, so as to minimize impact on agricultural production. 2) Demolition of the resettlers’ houses shall be phased, but should be finished before the commencement of each bid section works; 3) Notify the resettlers whose houses are required to be demolished at least 3 mouths ahead of time, and give them at least 2 months to build new houses from the notified date to the ultimate time limit of demolition. Those affected persons may live in their former houses until completion of the new ones; 4) House building time should be arranged according to the schedule of project, and could be prolonged if necessary; 5) To minimize impact on resettlers’ livelihood, the public and infrastructural facilities should be completed at least 20 days before constructing houses for resettlement. 6) To lessen the effect on reconstructed special facilities, its reconstruction should be arranged in phase of completing each bid section works. 7) Resettlers’ training should be carried out four times in slack season with each time lasting 5 days, and start respectively when agricultural production resettlement goes through its 1/3 course and at its ending. 8) Demolition and re-establishment of enterprises and public institutions should be arranged by their principal departments in accordance with project schedule.

12.2 Progress Plan 12.2.1 Resettlement Implementation Progress Plan According to the “Preliminary Design Report for Cili County Urban Flood Control Subproject” prepared by HHPDI, the total construction period of the subproject will be three dry seasons in four years with a total of 34 months. Among them, August to September of the first year will be used for construction preparation,

162 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute which includes land acquisition, site preparation, and construction of temporary on site facilities. It is planned that during the first year dry season they will complete construction for Chengnan District Embankment Section (L0+000-L5+884). The second dry season will complete construction of Chengnan Lingxi River Embankment Section. The third dry season will complete construction for Chengbei Lingxi River Embankment Section. The fourth year will be used to finalize the construction, which includes site clearance, unfinished sections and construction acceptance.

12.2.2 Resettlement Implementation Schedules

According to construction design and organization, land acquisition and resettlement should be completed in advance to ensure civil works could proceed in accordance with the project design schedule, which is the basis for formulating the resettlement implementation schedule.

1) Resettlement Plan is prepared and submitted to ADB in June 2007; 2) Selection of external monitoring and evaluation agency in August of 2007; 3) Sign compensation agreements with affected parties in September 2007; 4) Land acquisition, relocation and rehabilitation program for different sections of embankments from September 2007 to the end of 2008; 5) Restoration of affected infrastructures for different sections of embankments from September 2007 to Feb. of 2008; 6) Resettlement job training and resettlement staff training program from August 2007 to August 2008; 7) Preparation and submission of internal and external resettlement monitoring and evaluation reports in July and January every year; 8) The acceptance of resettlement works will be carried out in March 2009; and resettlement completion report will be carried out in April 2009. Detailed implementation schedule is shown in theTable below:

163 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

164 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Table 10-1: Implementation Schedule for Land Acquisition and Resettlement 2006 2007 2008 Activities 456789101112 1 2345678910111212345 6 7 8 9 10 1 Detail Impact Survey Consultation with APs Resettlement Plan Preparation Distribute RIB RP Approval by LPMO Submit to ADB Capacity Building Efforts Selection of M&E Agency Sign Compensation Contracts Relocation Plan (Disburse funds, site leveling, house construction) Rehabilitation Plan (Disburse funds, land and non-land based rehabilitations) Infrastruction Restoration Resettlement Training Program Implementation of M&E Resettelement work acceptance Resettlement Completion Report

165 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

166 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

Appendix 1: Resettlement Information Manual

1. Project Background The areas in Hunan Province, which are brought into this urban flood control project, are limited to the cities above county grade in hilly sections with relatively serious flood disaster. All the cities are considered as the areas with developed economy, dense population and centralized wealth. If the cities are submerged, the loss will be great, and the economic development will be supportless. At present, the urban flood control standard in the project area is low. Flood disaster happens in successive years, seriously restricts the urban economic development and affects the live and property safety of urban people. For Cili County, as the sub-project city of the urban flood control project under ADB loans, its flood and waterlogging control capacity can be absolutely improved through the project implementation. The flood control standard will be enhanced from the current 2-year occurrence to 20-year occurrence; and the waterlogging control will be enhanced from the current 2-or-5-year occurrence to 10-year occurrence. That can greatly reduce the urban flood control burden of Cili County and benefit the normal social development. The main engineering measures involved in land acquisition and relocation of Cili County Urban Flood Control Project are: reinforcing and new-building of embankment, re-new, reconstruction and new-building of culvert sluices and power allocation station, and there also is temporary land acquisition as project construction site and borrow area, etc. The areas in the project land acquisition, with the residents’ production and living seriously affected by the project construction, are considered as the affected areas of the project land acquisition and relocation. The final land acquisition and relocation range may be partially adjusted with the deepening of the designed depth. However, due to detailed survey conducted, such adjustment will be very limited and final scope of impact figures will not expect any major changes. 2. Project Affected Area and Quantity According to the investigation, the project land acquisition and relocation affect 8 villages (residential committees) and 26 villager’s groups in Lingyang Town of Cili County. In which, there are various project land acquisition of 149.36 mu (including cultivated land area of 49.82mu, occupying 33.74%); project temporary land acquisition of 283.13 mu (including dry farmland of 36.6 mu, paddy field of 54.1 mu, garden field of 83.15 mu, flood land of 24.3 mu, wasteland of 84.98 mu); project relocated residential and non-residential houses of 10499.2m2 (including brick concrete structure of 8617.26m2, occupying 82.08%, brick wood structure of 1629.9m2, occupying 5.86%, simple structure of 370.75m2, occupying 15.52%). The number of resettlement families affected by relocation is 33 households. 3. Resettlement Plan

167 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

The project resettlement plan is organized and guided by Key Project Office of Water Resources Department of Hunan Province and the local People’s Governments of various grades; and is compiled by the technical assistance professionals according to particular affection investigation, on the basis of sufficiently soliciting the villagers’ opinions. To execute the principle of “Resettlement for Development”, adopt the rehabilitation strategy of: “basing on the land and agriculture” for the resettlement plan. Through re-adjusting and developing the big-shed vegetable and stockbreeding, the resettlement plan offers the production basis for short-term livelihood ensurence and long-term developing potential, which will combine the resettlement, rehabilitation and the regional economic development brought by this project, and make the resettlers’ livelihood reach or surpass the living level before resettlement. 4. Policy Bases and Objectives of Resettlement Plan 4.1 Policy Bases 1) Land Administration Law of the People’s Republic of China (NO.8 Decree by Chairman of the PRC issued on August 29, 1998, starting implementation since January 1, 1999) 2) Implementation Regulations for the Land Administration Law of the People’s Republic of China (NO. 256 Decree by the State Council of the PRC issued on December 27, 1998, starting implementation since January 1, 1999) 3) Houses Demolition Administration Regulations of the PRC (NO. 305 Decree by the State Council of the PRC issued on June 13, 2001, starting implementation since November 1, 2001) 4) A Decision by the State Council about Deepening Reformation and Strictly Enforcing Land Administration (The GF [2004] NO.28 issued by the State Council on October 21,2004) 5) A Directive about Perfecting the Compensation Resettlement System for Land Requisition (The GTZF [2004] NO.238 issued on November 3,2004) 6) Methods of Hunan Province for Implementing the Land Administration Law of the People’s Republic of China (approved by 14th congress of the Standing Committee of 9th People's Congress Council of Hunan Province on March 31, 2000) 7) Methods of Hunan Province for Implementing the Urban Houses Demolition Administration Regulations(NO. 157 Decree by the People’s Government of Hunan Province issued on July 12, 2002, starting implementation since September 1, 2002) 8) Notice by General Office of Hunan Provincial Pepple’s Government on Issuance of Standard for Annual Production Output of Acquired Land in Hunan Province (XZBF No.[2005]47) 9) Resettlement Policy by ADB: Resettlement Manual—Feasible Practice Guide 4.2 Policy Objectives 1) Avoid or reduce to the minimum the tangible material quantity of land acquisition relocation and resettlement by adopting measures of engineering, technique and economy, etc.; when the land

168 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

acquisition is unavoidable, effective measures shall be adopted to best reduce the affection caused by the land acquisition relocation to the production and livelihood of local residents. 2) In the preparation period of this project, process the social economic investigation and compile corresponding resettlement plan; 3) Resettlement shall be on the basis of relocation tangible material indexes and compensation standards, to aim at improving or at least recovering the original living level of the resettlers; 4) Advocate resettlement of development. The rural resettlement shall adopt the policy of: making the land as the basis, depending on the second and third industries of the local area to widen the employment access; 5) Encourage the affected personnel to participate in the resettlement plan; 6) The resettlers shall be considered in priority to be resettled in the original community; 7) The resettlers and original residents in the resettlement area will get benefit from the project. 4.3 Compensation Standards See Table 1 for Compensation Standards for Various Affections in Cili County Urban Flood Control Project.

4.3 Compensation Standards

4.3.1. Rural Houses and Attachments

1) The compensation of all the houses shall be obtained according to replacement value, and no depreciation charge is allowed. Available materials belong to the relocatees, and they also can use them to build new house. These compensation rates will be used by resettlement office as lowest limit. The implemented compensation rates will be based on actual appraised values in the project areas. 2) Resettlement institution shall help the rural relocatees to move into the new house, and each person shall get the compensation for infrastructures, including water drinking and lighting, etc. Such compensation should be based on topographical condition and followed the relevant provincial regulations. 3) The moving allowance for the relocates should include moving expense, living subsidy, transfer allowance for temporary housing, and secondary moving expense. The actual expense will be based on distance of moving and length of transfer period. 4) Effective measures shall be employed by the resettlement institution in the course of implementation to help the vulnerable (the old, the handicapped, the weak and woman-headed households).

169 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

4.3.2. Non-Residential Structures

4.3.2.1: Enterprises and Institutions

1) For all non-residential structures, the basic rehabilitation strategy is have cash compensation. The compensation should follow the compensation standards for urban housing structures at replacement value without depreciation. 2) Moving allowance for non-residential structures under eneterprises and institutions should be based on amount of floor spaces. 3) Equipment Compensation for affected enterprises include compensation for dismantling, and reinstallation of affected equipments. 4) The enterprises or institutions that will be affected with their nornmal operation will be provided with compensation for the loss of their production during interruption. The compensation for production interruption should not be more than 6 months.

4.3.2.2: Small Individual Shops

1) All affected small shops are based on privately owned residential structures, and non of them are formal commercial buildings. These structures will be compensated as urban residential houses by following “ Zhangjiajie Municipal Method for Urban House Demolition and Relocation”. The compensation should follow replacement value with no depreciation. 2) During house construction and relocation, the affected small shops should be compensated for the loss of business during interruption, which include compensation for lost wages among affected employees. The compensation for loss of business and moving allowance should be based amount of floor spaces affected. The length of interruption should not be more than three months.

4.3.3: Scattered Trees

The Project should provide compensation for removed trees or compensation for relocating trees.

4.3.4: Land Acquisition and Occupation

4.3.4.1: Stated Owned Land

1) For affected urban industrial land, they will obtain through land use right purchase. The compensation will follow similar land acquisition and rehabilitation practice in Cili County. 2) For affected urban residential structures, they will adopt cash compensation method. The part of land compensation will be based on market appraisal value. 3) obtain through land use right purchase. The compensation will follow similar land acquisition and

170 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

rehabilitation practice in Cili County. 4) For the acquired urban waste land such as river bed and unutilized land, they will be allocated to the project use without compensation.

4.3.4.2: Collectively Owned Rural Land

1) For the acquired rural land or cultivated land, the affected villages will be provided with land compensation, resettlement subsidy, and green crop compensations. In addition, for thouse villages with adequate land holding, they will carry out land readjustment so that all affected people could get sufficient farmland or production means. While land compensation and resettlement subsidy will be used by the affected village groups. For those village groups with limited land holding, and could not carry out land readjustment, the affected people will receive full resettlement subsidy and at least 75% of land compensation. The remaining land compensation will be used by village group collectively. 2) The average annual output value for the acquired farmland will follow Hunan Government No. 47 Decree in 2005; and compensation multiples will follow relevant national laws and provincial regulations. The land compensation will be set at 10 times of AAOV and resettlement subsidy will be set at 6 times of AAOV. For acquired fruit garden, residential plot, and other rural lands, the compensation will follow relevant regulations for adqueate compensation.

4.3.4.3: Temporary Land Occupation

1) Compensation for temporary land occupation include ccompensation for green crop, compensation for land occupation, and compensation for land restoration. The length of temporary land occupation will be 2 years, If temporary land occupation exceeds 2 years, temporary land occupation should be re-applied. 2) Compensation for land occupation will be mainly used to compensate the total outputs lost during the land occupation, which will be based on original average annual output value and length of land occupation. 3) When temporary land occupation is completed, the occupied land areas should be restored and returned to the affected villages. For the affected dry farmland, they should be restored into original condition and cost of land restoration should be based on actual cost.

4.3.5: Special Infrastructure Facilities

1) For the affected different types of infrastructure facilities, they will be rehabilitated or reconstructed based on actual conditions, and original scale and functions. Based on amount of investment for

171 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

different affected infrastructure facilities, the project sponsor will provide compensation to the relevant department agencies in charge of these facilities and organize the implementation.

4.4 Payment of Compensation Fee 1) The relocation compensation for land acquisition and other costs will be paid to the affected collectivities and individuals by the project Office through the county’s resettlement Office; 2) Compensation for houses will be paid before the resettlers start building; in case of paying in terms, the final expense shall be paid before the building completion; 3) The compensation for land and other facilities shall be paid to the relevant communities and individuals before land acquisition. 4.5 Rehabilitation Strategy For the land acquisition affection, the economic rehabilitation will be processed on the basis of the rehabilitation schemes in the village area such as land adjustment, or the compensation fee can be directly paid to the affected individuals for development of big-shed vegetable and animal husbandry. For the relocated families, they will get resettlement of centralized property right exchange with cash compensation. 5. Responsible Institution for Resettlement To ensure the successful and effective implementation of the resettlement plan, institution net-work will be set in government of various grades to benefit for being responsible for planning, coordinating, implementing and monitoring the resettlement activities. The institutions set or involved in the land acquisition and relocation of this project are: 1) Provincial Project Resettlement Leading Group 2) Provincial Project Resettlement Office 3) County Project Resettlement Leading Group 4) County Project Resettlement Office 5) Township (Sub-District) Resettlement Office 6) Village Committee or Residential Committee 7) External Individual M&E Institution 6. Appeal Disposal The resettlement plan is considered for the affected area of the overall project and generally planned for the resettlement scheme. In the implementation, it may arouse the resettlers’ complaints because of the changing of the actual situation and the deviations in operation. To effectively resolve these problems for successfully implementing the project construction and land acquisition, the open and effective appeal channel has been established.

172 Cili County Urban Flood Control Project Resettlement Plan Hunan Province Hydro and Power Design Institute

1) Appeal Channel ① Offices for citizens’ complaint letter and visit (including resettlement), which can receive, investigate and process the common appeal problems of resettlers’ appealing to higher authorities for help, are established in the county (city), city and province of the resettlers. ② The resettlement management institutions which are set up according to the laws, have the grade-to-grade authority, from the province, city to county, to supervise the subordinate for whether processing the resettlement according to the laws; can process the appeal affairs of the resettlement. ③ Independent Resettlement M&E Institution supervises the resettlement implementation according to the relative national regulations and is responsible for protecting the legal right and benefit of the resettlers; and can process and reflect to the relevant department the appeal problems of right injuria for the resettlers; ④ Jural departments of administration supervision, audit, disciplinary inspection, judicial administration, inspection are established in various grades of State, province, city and county. They can process the cases about irregularity and principle violation appealed by the resettlers. 2) Appeal Procedures If the resettlers are not satisfied with the resettlement, they can reflect to the village (residential) committee, who can consult directly with the local resettlement Office for solvation, or can appeal to the superior resettlement Office in oral or written form. After receiving the appeal, the superior resettlement Office will take that on record, research and resolve the problem with the village committee and local resettlement Office within 10 days. In case of encountering with confliction and dispute which cannot be resolved by consultation, the villager committee can appeal to the administration institutions (such as the project Office, resettlement administration institutions, resettlement monitoring institutions, Office for citizens’ complaint letter and visit, administration inspection and disciplinary inspection, etc.) with domination authority grade by grade in appeal channel according to Administration Appeal Law of the PRC. In case of refusing to accept as final, the committee can appeal to People’s Court directly. The resettlement Office shall be responsible for keeping all the appeal problems and resolving courses on the file.

173 Figure 1: Schematic Drawing of Geographic Position

工程特性指标表 附图二:慈利县城市防洪项目工程占地范围示意图 序号 项 目 单位 数 量 备 注 1 km 13/18 2 km 7.22 第二期 3 13/18 4 8.45 5 km 7.22 6 8.45 7 % 5 8 % 10 零 9 14.279 10 5 溪 11 条/km 双 12 座/KW 撇洪渠 河 何家拌水闸 13 金 台 村 20.19 双安排渍站 双安水闸 77.15

安 7.67 第三期 双 安 村 3.92 新建土堤 14 北 岗 村 15 1.05 16 135 17 34 零 溪河 18 19

城 关 重力式 电 溇 站 卓家坪水闸 太 坪 村 卓家坪排渍站 水 排洪渠 河 溪 新建土堤 新建土堤 零

加固土堤 水 澧 永安渡电排 观音桥

永安渡水闸 湘水 PBM56-17 94.05 永 安 村 油库水闸 水 白 云 居 委 会

澧 白杨桥

永安大桥 第一期

批 准 湖南省慈利县 说明: 核 定 城市防洪项目 图 例 1、本图高程系统为85黄海、尺寸单位以 m计。 审 查 2、进度安排:第一期完成城南区堤防工程(L0+000~L5+884)及该堤 排 水 闸 新建土堤 护坡式挡墙 校 核 段内的油库涵闸、撇洪渠疏挖;第二期完成城南零溪河堤防工程及 工程占地范围示意图 该堤段内的双安、卓家坪涵闸、排渍站;第三期完成城北及永安渡 设 计 电 排 站 重力式挡墙 加固土堤 堤防工程及该堤段内的何家傍涵闸、永安渡排渍站。 制 图 CAD 比 例 日期 2007.06 图 号

Drawing 2: Land Acquisition Scope Geographic Diagram