China - PCF Xiaogushan Hydropower Project : resettlement action plan

RP247 Gansu Province Zhangye Xiaogushan Hydropower Project Resettlement Action Plan Zhangye xiaogushan Hydropower Co. Ltd. East China Investigation and Design Institute Mar. 2004FIEC f~  RAP-Xiaogushan HPP List of Contents OBJECTIVES OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGY ....1 1 General Description .3 1.1 Project Background ..3 1.2 Project Description ..4 1.3 Project Impact Scope and Service Scope ..5 1.3.1 Project impact scope .5 1.3.2 Project service scope .5 1.4 Project Schedule ..5 1.5 Measures to Mitigate Adverse Impact of Project . . 6 1.5.1 Reduce project impact scope .6 1.5.2 Reduce project impact on local surroundings .6 1.6 Project Design and Review ..7 1.7 Resettlement Implementation Plan ..7 2 Natural, Social, and Economic Conditions at Project Affected Area ......................1 3 Project Impact .......................................................4 3.1 Project Impact Scope .....................................................4 3.2 Category of Project Impacts and Survey Method ...........................................4 3.3 Project Im pact Inventory ......................................................4 3.4 Project im pact analysis ......................................................8 4 Frame of laws ........ .............................................. 10 4.1 Relative Laws and Regulations ..................................................... 10 4.2 Related Articles of Law ..................................................... 10 4.2.1 Main relative specifications of "Land Administration Law of the People's Republic of China" ................................................. 10 4.2.2 Relative specifications of Implementation Regulations of Grassland Administration Law of Gansu Province ................................................. 12 4.2.3 Relative specifications of Grassland Administration Law of Sunan County 12 4.2.4 Relative specifications of Operational Manual--OP 4.12 ....................... 13 4.3 Resettlement Policies and Entitlement Matrix . ............................................. 14 4.3.1 Compensation to land acquisition (occupation) .................................... 14 4.3.2 Compensation to house relocation ................................................... 15 4.3.3 Compensation to scattered trees ................................................... 15 4.3.4 Entitlement Matrix ................................................... 16 5 Resettlement and Compensation Policy (Plan) .19 5.1 Principles for Resettlement and Compensation . .19 5.2 Resettlement and Compensation Policy ..19 5.2.1 Land Compensation and Restoration of Production .19 5.2.2 House relocation .................. ... . . . .. 20 5.3 Estimated Compensation Cost ..20 5.4 Procedures of Land Requisition and Payment of Compensation .. 21  RAP-Xiaogushan HPP 6 Organizations and Institute ... ........................................... 23 6.1 Establishment of Organization .......................................... 23 6.2 Organization Composition and Responsibilities . .......................................... 23 6.3 Working Relations between Organizations ................................. 24 6.4 Measures for Enhancing Capacity of Organizations . .................................... 27 7 Public Participation and Grievance Procedure . . ............................................ 28 7.1 Public Participation ............................................... 28 7.1.1 Public opinion survey .............................................. 28 7.1.2 Project information release by media .............................................. 31 7.1.3 Consultation workshop .............................................. 32 7.2 Public disclosure ............................................... 33 7.3 Grievance and Appeal ............................................... 33 8 Monitoring and Evaluation . . . . .......................................... 35 8.1 Internal Monitoring ............................................... 35 8.1.1 Purpose and tasks .............................................. 35 8.1.2 Institutional organizations and staffing .............................................. 35 8.1.3 Internal monitoring items .............................................. 35 8.1.4 Internal monitoring procedures .............................................. 36 8.2 Independent external monitoring and evaluation . ......................................... 36 8.2.1 Purpose and tasks .............................................. 36 8.2.2 Monitoring and evaluation indicators .............................................. 36 8.2.3 Monitoring and evaluation method .............................................. 37 8.2.4 Work procedures .............................................. 39 9 Preparation of Reports . . . .40 9.1 Resettlement Action Plan ..40 9.2 Resettlement progress report (Internal Monitoring Report) . .40 9.3 Independent Monitoring and Evaluation Report . .40 Attached Table .... 42 ii  RAP-Xiaogushan HPP OBJECTIVES OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGY This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC and relevant local governments, as well as the resettlement policy set in OP4.12/BP4.12 - "Involuntary Resettlement" of the World Bank. The purpose of this document is to set out an action plan for the Resettlement and Rehabilitation of the Displaced Persons (DPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood and production of persons who live, work or earn their living on the land that will be acquired for the project. "DPs" are defined as those persons whose livelihoods or production will be adversely affected by land acquisition and house relocation for the project, and include the following categories: a) persons whose land (including house plot, land for public facilities, agriculture, forest, husbandry, fishery and sideline production and grazing), structures (private houses and their attachments, enterprises, or public buildings), title, right, interest, or any other asset, are acquired or occupied, in full or in part, permanently or temporarily; b) persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat are adversely affected; or c) persons whose standard of living is adversely affected as a consequence of land acquisition and/or resettlement activities. Therefore all such persons who are affected will need to considered and recorded as DPs, regardless of their legal connection to assets land or location. All DPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All DPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those DPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permission to the assets. A definition of Resettlement and Rehabilitation is given below: The Resettlement and Rehabilitation means arrangement of production and livelihood for the DPs to restore their productive capability and improve their standard of living at least equal to that before the project, and mainly include: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are lost or severely affected; c) restoration (or compensation) of affected productive resources such as land, _ . . ~~~~~~~~~~~~~~~~~~  RAP-Xiaogushan HPP workplaces, trees and infrastructure; d) restoration of adverse effects (such as pollution of harmful gases and so on) on DPs' living standards (quality of life) by land acquisition and house relocation; e) restoration of or compensation for affected private and public enterprises; f) restoration of adversely affected on cultural or common property. A definition of is given below: The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the DPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels in a sustainable manner. For this purpose, the RAP hereof provides the rehabilitation measures to restore the DPs' income and the living to their pre-project levels, and improve or at least restore affected productive resources of businesses, enterprises (including shops) and public facilities to their pre-project levels. 2  RAP-Xiaogushan HPP 1 General Description 1.1 Project Background Zhangye City of Gansu Province is about 600km from Lanzhou City, the capital city of the province, and has six counties/district (five counties and one district) under its jurisdiction. According to the Almanac of Gansu Province of 2001, Zhangye City had a population of 1.257600 people (including rural population of 983200 people) by the end of the year 2000. Of the rural population, there were 269500 people or 27.4% of the total population living under the state-designated poverty line (1100 RMBY). Because of the continuous economic development in the past years, the contradiction between the power demand and supply, the local power supply has been in poor condition. The frequent cut-off of power supply seriously restricts the local industrial and agricultural development. The Zhangye Power Grid is part of the Hexi Power System and the latter is a component of the Northwest China Power System. The small power installation in Zhangye City, which mainly is supported by small hydropower plants, can hardly meet the power demand in the peak period. In 2001, the total hours of limiting power supply were as much as 1975 hours (equivalent to 3198 MW.h). At present, Zhangye City has a power installation of 163 MW, but the power demand is 200MW. The total installed capacity of the Hexi Power System is 475 MW, but the peak power demand of the system is 850 MW. The power demand of Zhangye City is 900 million kW.h annually, but 80% of which is supplied from outside. As the power demand is in an increasing tendency, the contradiction of Zhangye City in power demand and supply will certainly be even severe. However, no new power plant will be put into operation before 2006. Power shortage is one of the main factors restricting the local economic development. According to the economic development plan of the City, the Zhangye city government and the local competent authorities decide to build the Xiaogushan Hydropower Plant in order to steadily supply power to the local industries and increase the power in the grid. It is also decided to entrust this task to Xiaogushan Hydropower Co. Ltd. Xiaogushan Hydropower Co. Ltd. has determined to construct and operate the 98MW Xiaogushan Hydropower Plant (herein after referred to as the Project) at Xishui Tibet Autonomous Township of Sunan Yugu Autonomous County, Gansu Province. The Asian Development Bank (ADB) has considered launching a loan to the Project and the Loan Agreement has been signed. Meanwhile, the World Bank has considered to provide part of the PCF for the project construction. The impact scope of the Project is rather small (only affecting six rural households and some 100 mu grazing land. According to the relevant stipulations of social safety guarantee policy (OP4.12) of the World Bank, the Project Owner should prepare a brief Resettlement Action Plan (RAP) for project appraisal by the World Bank. The RAP hereof is prepared by the Xiaogushan Hydropower Co. Ltd., based on the RP for ADB, after a supplementary detail survey into the project impact on the project-affected households and the in-depth consultation with the affected households, villages and township government. The RAP is also prepared according to the relevant laws and regulations of the state and local governments, as well as the relevant requirements set in the World Bank guideline OP4.12. Xiaogushan Hydropower Co. Ltd. / Zhangye 3  RAP-Xiaogushan HPP City Government assume the overall responsibility for successful implementation of the RAP. 1.2 Project Description Xiaogushan Hydropower Project is located within Sunan Yugu Autonomous County of Gansu Province, on the Heihe River mainstream between Dagushan and Xiliushui Gouge and 86km from Zhangye City. According to the Hydropower Development Plan for the Heihe River Basin, it is the sixth cascade power plant on the river, mainly for power generation and concurrently for other purposes. The Project is composed of dam, diversion system, powerhouse, and transmission line. The powerhouse accommodates three turbo-generating units (two 40MW units and one 18MW unit), with a total installed capacity of 98MW and yearly power yield of 380.4 million kW.h. The two circuits of 110kV transmission lines are totally 17.8km long, which connect the power plant with the Hexi Power System at Heihe Substation. At present, two circuits of 35kV transmission lines (which has been completed), will supply power from the power system to the project site for construction and operation of the equipment of the power plant. It is estimated that the total project investment is 689.1058 million RMBY, and the static investment is 619.3771 million RMBY, and the unit investment is 6320 RMBY per kW.h. The loan repayment period is 11.27 years. The main structures of the Xiaogushan HPP are as shown in Table 1-1. Main Sructures of Xiaogushan HPP Table 1-1 Main Headrace Dam (gate) and flood release Structure structure, and reservoir Diversion system Diversion tunnel, surge chamber and Powerhouse Main unit bay, erection bay, spherical valve chamber, auxiliary powerhouse, main transformer hall, pumping system, pump station, regulation chamber, tailrace channel and tailrace works Transmission line Two circuits of 11 OkV transmission lines on same towers, a total length of 17.8km Existing one circuit of 35kv line, 26.444km long Auxiliary Construction road New construction access road works for Construction system Aggregate processing plant, concrete construction mixing system, repair workshop, re-bar processing system and other __________ _ processing yards Others Offices, living, cultural and welfare facility 4  RAP-Xiaogushan HPP 1.3 Project Impact Scope and Service Scope 1.3.1 Project impact scope According to the feasibility study report and preliminary design report as well as the project construction program and time schedule, the land acquisition scope of the Project includes the reservoir inundation area, construction access roads from the underground powerhouse to the dam, construction camp, construction material storehouse, processing and erection yards and the places affected by construction activities. Except the road rebuilding which will affect the land of other villages, the remaining project construction activities will only affect the land of Bajiaowan Administrative Village of Xishui Tibet Autonomous Township in Mati District of Sunan Yugu Autonomous County. Most of the project- affected land is of the state-owned wasteland and the Project will only affect a quite small amount of farmland. 1.3.2 Project service scope According to the Tenth Five-Year Development Plan for Gansu Provincial Power Industry prepared by Gansu Provincial Power Company in March 2003, the Hexi Power System will be short of installed capacity by 400MW to meet the max. load of 1480MW in 2010, therefore, it is an urgent need to add new power supply source. In addition, the hydropower component of the power system only accounts to less than 20% of the system total, and the peak load regulation capability is low with a shortage of 272MW for peak service. After completion, the Project will be synchronized to the Hexi Power System via the Zhangye Power System to undertake the peak load of the system. The power supply scope of the Xiaogushan HPP covers the five cities in Hexi Corridor, which will play an active role in improving the power supply structure of the Hexi Power System, alleviating the tense situation in power consumption of local industrial and agricultural production and promoting the local social and economic development. Zhangye City is in the remote area of West China Region, and the unfavorable geological location restricts the development of basic power supply facilities and infrastructures. To this end, the West Region Development Strategy of the country aims at promoting the economic development, shortening the development gap between the west region and coastal regions and improving the management of natural resources. Giving energetic support to hydropower development will not only increase the power supply but also improve the living quality of the local people who are now suffering from power shortage or limited power supply. Expanding of the power supply scope will also gear up the urban and rural economic development, improve the people' living conditions, reduce the possible power-generation induced contamination and mitigate pressure on the environment from the adverse impact induced by possible thermal power generation. 1.4 Project Schedule Construction of main structure of the Project was commenced in early December 2002 as scheduled, and the river closure was completed in October 2003. It is planned to complete the project before December 2005, upon which the power plant will be put into operation. 5  RAP-Xiaogushan HPP 1.5 Measures to Mitigate Adverse Impact of Project 1.5.1 Reduce project impact scope The project construction will inevitably affect the production and living conditions of the local people to different extent. In order to reduce such impacts to a possible extent, the design unit had made every effort to properly arrange the project layout, select construction site, transmission line route, type and location of transmission line towers as well as select the location of temporarily occupied land for project construction, so as to keep them away from the resident quarters and not occupy or less occupy the farmland, particularly the artificial pastures. For example: A. In order to reduce quantity of land requisition, the project is designed with diversion tunnel instead of open channel and underground powerhouse. B. Optimize the construction layout to minimize the size of temporarily occupied land. The Project will only affect some 100 mu grassland. C. The transmission line is routed basicaly spanning mountain tops and the line towers arranged at neglected spots so as to occupy less or not occupy farmland where possible. For facilitating the construction, the transmission line is so arranged to keep away from the residents' houses, thus, eleminate the house relocation. D. Measures are adopted to reduce number of workers for tower foundation excavation and minimize the land occupation for construction. The workers experienced in working in mountain area are slected. Proper measures are adopted to prevent damage to the nearby vegetation during line tower construction. 1.5.2 Reduce project impact on local surroundings A. Collect the necessary data to analyze the local social and economic situation, and work out the feasible production restoration or reestablishment measures with due consideration of the local actual conditions, so as to minimize the possible project impact. B. Enhance the internal monitoring and independent external monitoring and assessment, estaablish a smooth and effective information circulation channel, so as to insure the problem to be solve immediately when it arises. C. Enhance the public participation mechanism. Before project construction, the time of project commencement, project progress schedule and policies concerning resettlement compensation are publicized to the public, so as to let the resettlers and local residents know the project information and their entitlement as early as possible. D. During project construction, the privilege will be given to use of the local construction materials. The local transportation and labors will be first adopted so far as the technical requirement permits, so as to let the DPs be benefited from the Project. E. In addition, Xiaogushan Hydropower Co. is considering some other measures to benefit the local community, including (1) employ and train the local staff for project construction, (2) supply water and power to Bajiaowan Village, (3) make the project facilities (such as medical first-aid appliance, vehicles and power supply facilities) available to the local people, (4) encourage purchasement of local goods and services, (5) use local coonstruction teams to rebuild the existing road and 6  RAP-Xiaogushan HPP construction new road, and (6) provide electricity to the local three townships at cheap price after completion of the Project. 1.6 Project Design and Review It is the Northwest China Investigation and Design Institute who first proposed the construction of the Project when it worked for planning of the Heihe River Basin Development. Afterwards, the Gansu Provincial Water Conservancy Planning and Design Institute completed the project design. The F/S report of the Project was approved by the competent authority in January 2002. As the Project will use the ADB loan for part of its works, a 1 0-member specialist team from the Snow Mountain Co. of Australia provided consulting service on the project preparation work in October 2002 and consequently, prepared a brief RP for ADB appraisal mission. The RP has passed the ADB appraisal. Now, the World Bank planned to finance part of the Project by using the PCF. In observation of the social safety guarantee requirement of the World Bank, This RAP was completed before January 19th 2004 for appraisal of the World Bank mission. 1.7 Resettlement Implementation Plan The resettlement implementation plan of the Project is briefed in Table 1-2. 7  RAP-Xiaogushan HPP Resettlement Implementation Timetable Table 1-2 Task Time of implementation Determination of land requisition scope 2002.2 Inventory survey preparation and survey of land 2002.3- 2002.4 requisition Jointly carry out survey on the project affected Before approval of the finalization of design (before June land and properties (detailed site measurement 2003) and investigation) Determination of compensation standards 2002.4 -2002.5 through consultation Discuss the resettlement compensation Two months before the start of land requisition and land agreement with the DPs and project -affected ocupation villages, and sign the finalized agrieemnt with them Compensation payment for land requisition 2002.3 -2004.9 Provide consulting service for minimize the Throughout the whole process of the resettlement project impact on the society and enhancing implementation, including the design stage. (starting from public participation in the resettlement March 2003) implementation. Distribute data and information about April 2004 resttlement plan, local written regulations, compensation criteria and entitlement to the DPs and affected households Procedure for land requisition 2002.4 -2004.12 Land requisition/temperary land occupation After the DPs receive all resettlement compensation Internal monitoring The site office of the Xiaogushan HP Co. is responsible for the work Independent external monitoring and Audit by the Land and Resources Management Bureau on assessment regular basis. An independent external monitoring and assessment unit is responsible for the work and submitting the annual report 8  RAP-Xiaogushan HPP 2 Natural, Social, and Economic Conditions at Project Affected Area Sunan County locates at the middle section of Hexi corridor in the northwest of Gansu province, and northern foot of Qilian Mt.. The county is 480 km away from Lanzhou, provincial capital of Gansu Province, and 71 km away from the project site in Zhangye city. Mati District locates is at the middle section of Hexi corridor and northern foot of Qilian Mt.. It has Yonggu and Nanfeng townships of Minle county in the east, facing Kangle District across Heihe river in the west, Qilian county of Qinghai province in the south, and Minle county and Zhangye city in the north. The district is 73 km long from east to west and 40 km wide from south to north, and has a total area of 1879 square km. Under its jurisdiction, the district has 22 administrative villages distributed in 3 townships (Daquangou, Daduma and Xishui), where the people of Tibet, Yugu, Han, Hui and Tu nationalities live. In 1990, the population was 5265 persons (in 1068 households), of which, 2343 persons were of Tibet nationality, 43 persons of Yugu nationality, 2801 persons of Han nationality, and 78 persons of other nationalities. The population was only 4708 in the year of 2000. Topographically, Madi District is high in the southeast and low in northwest, with average altitude above sea level at 3000m. Many rivers such as Dayeko, Suyoukou, Xiaoduma, Daduma, Haichaoba, Henukou, Mati and Hongshui run across from south to north, and glaciers distribute at Daduma, Suyoukou and Haichaoba, which provides rich natural water resources. This district is in humid steppe climate zone. In the district, it is cold and has plentiful rainfall, the yearly average temperature is 1 - 3