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Hunan Miluo River Disaster Risk Management and Comprehensive Environment Improvement Project

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Hunan Miluo River Disaster Risk Management and Comprehensive Environment Improvement Project Resettlement Plan (Draft Final) August 2020 People's Republic of China: Hunan Miluo River Disaster Risk Management and Comprehensive Environment Improvement Project Prepared by Pingjiang County Government for the Asian Development Bank CURRENCY EQUIVALENTS (as of 13 July 2020) Currency unit – yuan (CNY) CNY1.00 = $ 0.1430 CNY1.00 = € 0.1264 $1.00 = € 0.8834 €1.00 = $ 1.1430 ABBREVIATIONS ADB Asian Development Bank AAOV average annual output value AP affected persons AHHs affected households DDR Due Diligence Report DI Design Institute DRC Development and Reform Commission DMS Detailed Measurement Survey FSRs Feasibility Study Reports GRM Grievance Redress Mechanism HHPDI Hunan Hydro and Power Design Institute HHs households HD house demolition LA Land Acquisition LAHDC Land Acquisition and Housing Demolition Center of Pingjiang County LLF land-loss farmer M&E Monitoring and Evaluation BNR Natural Resource Bureau of Pingjiang County PLG Project Leading Group PMO Project Management Office PRC People’s Republic of China PCG Pingjiang County Government RP Resettlement Plan RIB Resettlement Information Booklet SPS Safegurad Policy Statement TrTA Transaction Technical Assistance TOR Terms of Reference WEIGHTS AND MEASURES km - kilometer km2 - square kilometer mu - 1/15 hectare m - meter m2 - square meter m3 - cubic meter This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. Table of Contents Letter of Commitment i Executive Summary 3 ES1. Introduction 3 ES2. The Proposed Project 3 ES3. Resettlement Plan Preparation 3 ES4. Resettlement Impacts 3 ES5. Policies, Principles and Entitlements 4 ES6. Institutional Arrangements 4 ES7. Consultation and Disclosure 4 ES8. Estimation of Resettlement Cost 4 ES9. Grievance Redress Mechanism 5 ES10. Schedule and Monitoring 5 1. Project Profile 6 1.1. Introduction 6 1.2. Project Contents 6 1.3. Overview of the resettlement impact 6 1.4. Measures to reduce resettlement impacts 9 2. Project Impacts 11 2.1. Impact Survey Process 11 2.2. Results of impact survey 11 2.3. Analysis on Resettlement Impacts 22 3. Social-economic Survey 23 3.1. Overview of social-economic development in affected areas 23 3.2. Socio-economic situation of APs 29 3.3. Willingness of LA, HD and resettlement 33 4. Legal Framework and Policies 35 4.1. Main laws, regulations and policies of PRC 35 4.2. Resettlement Policy of the ADB 36 4.3. Summary of laws, regulations and policies Error! Bookmark not defined. 4.4. Cut-off date of eligibility 48 4.5. Compensation and subsidy standard 48 4.6. Entitlement matrix 58 5. Resettlement and Rehabilitation Plan 63 5.1. House demolition 63 5.2. AP livelihood recovery plan 63 5.3. Relocation and reconstruction planning of special facilities 72 5.4. Help and support measures for vulnerable groups 72 5.5. Measures for women development 73 5.6. Skill training 74 6. Instituations and Responsibilities 77 6.1. RP Implementation and Management Agencies and responsibilities 77 6.2. Resettlement planning and design agency and responsibilities 78 6.3. Resettlement M&E agency and responsibilities 78 6.4. Personnel and facilities of resettlement agencies 79 6.5. Measures to strengthen the capacity of agencies 81 7. Public Participation and Consultation 83 7.1 Public participation and consultation during RP preparation 83 7.2 Public participation and consultation plan during RP implementation 87 7.3 Women participation 88 7.4 Information disclosure 89 8. Grievance Redress Mechanism 90 9. Resettlement M&E 92 9.1. Internal monitoring 92 9.2. External monitoring 93 10. Resettlement Budget, Financing and Disbursement 96 10.1. Resettlement budget 96 10.2. Financing and use of resettlement funds 97 11. Resettlement Schedule 99 Appendix 1: Resettlement Information Booklet 102 Appendix 2: Due Diligence Report on LURT 107 A. Project profile 107 B. Social Economic Situation of the LURT area 110 C. Applicable Policy 110 D. LURT Survey 115 E. GRM 124 F. Conclusions and Corrective Action Plan 124 Appendix 3: LURT Framework 129 Appendix 4: Land Acquisition Due Diligence 144 1. Purpose of due diligence 144 2. Method 145 3. Land acquisition procedures 147 4. Resettlement Policies and Measures for APs 148 5. Information disclosure, participation and grievance redress mechanism 150 6. Follow-up investigation and interview 152 7. Conlusions and Corrective Action Plan 154 Appendix 5: Resettlement Due Diligence on the Existing Facilities 159 1. Purpose 159 2. Methods 159 3. DDR for Sewage Treatment Plants and Landfill Plants 159 4. Yueyang Municipal Hazardous Waste Disposal LTD 184 5. Resettlement Due Diligence for Huangjindong Reservoir 185 6. Due Diligence of Land for Dajiangdong Reservoir 186 Executive Summary ES1. Introduction 1. Hunan Miluo River Disaster Risk Management and Comprehensive Environment Improvement Project (hereinafter referred to as the “Project”) is located in Pingjiang County, Hunan Province, with a total investment of CNY 2.3616 billion (equivalent to € 298.42 million). The Government has requested a loan of €132.51 million (equivalent to $150 million) from ADB’s ordinary capital resources and a loan of €60 million from KfW to help finance the project. ES2. The Proposed Project 2. The Project includes five major outputs, including: (i) Output 1: Water-related disaster risk management strengthened; (ii) Output 2: Accessibility to safe drinking water and sanitation services enhanced; (iii) Output 3: Circular agriculture linked sustainable livestock waste management and eco-farming demonstrated; and (iv) Output 4: Green procurement practices piloted and environmental education mainstreamed. 3. Under Output 1, it includes (i) Subproject 1: Flood prevention and risk management in Miluo River; (ii) Subproject 2: Huangjin River National Wetland Park restoration and protection; and (iii) Subproject 3: Integrated smart disaster risk management system. Under Output 2, it includes (i) Subproject 4: Integrated water supply in urban and rural Pingjiang; (ii) Subproject 5: Separating rainwater from sewers in urban and rural Pingjiang; and (iii) Subproject 6: Rural domestic wastewater treatment and sanitary conditions improvement. Under Output 3, it includes (i) Subproject 7: Sustainable livestock waste management; and (ii) Subproject 8: Promotion of eco-farming technology and practices. Under Output 4, it includes (i) serves as Subproject 9: Green procurement and environmental education; and (ii) Subproject 10: Institutional and project management capacity building. ES3. Resettlement Plan Preparation 4. The resettlement plan (RP) is prepared based on the latest Feasibility Study Reports (FSRs), and will be updated after the detailed design is completed. The RP addresses impacts of permanent land acquisition and temporary land occupation. In addition, appendices include (i) due diligence reports (DDR) for completed land acquisition and existing facilities; and (ii) DDR reports for existing land leases and a framework for future land leases. The updated RP will be submitted to ADB for review and approval before the project implementation. ES4. Land Use and Impacts 5. Land acquisition and resettlement impacts. The Project will permanently occupy 698.09 mu land, including use of 527.85 mu state-owned construction and unused land, with no affected persons (APs); and 170.24 mu collective land which will be acquired permanently. The land acquisition will affect 64 households with 269 persons, including 129 females, in 14 townships with 33 villages. Among them, 20 households with 83 persons will be significantly affected. There are no ethnic minorities among APs. 6. A total of 1,254.59 mu land will be used temporarily during the project implementation, including 1,219.4 mu collective land which will temporarily affect 204 households with 855 persons (411 female) in 39 villages of 8 townships; and 35.19 mu of state-owned roads will be temporarily occupied. 3 7. 628.53 m2 of rural abandoned houses will be demolished, involving 1 village in 1 township, affecting 3 households with 16 persons, including 6 females. The APs have their second house and only cash compensation is needed. 8. Land use-right transfer: Under the project, subproject 8 involves 8,641 mu land of which use-right has been transferred already; and 15,497 mu land of which the land use-right will be transferred. Due diligence review has been conducted for the transferred part of land use; and a land use-right transfer framework (LURT) has been prepared for the land use right to be transferred. 9. Acquired land in the past: 141.45 mu rural collective land has been acquired before the project preparation. A resettlement due diligence report (DDR) has been prepared for it. 10. Land use by existing Facilities: 24 sewage stations, Dajiangdong Reservoir and Huangjindong Reservoir have been identified as the existing facilities of the project; and related resettlement DDRs have been prepared. ES5. LAR Policies, Principles and Entitlements 11. The RP is prepared in accordance with the laws, policies and regulations of the PRC and ADB’s Safeguards Policy
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