China - Shaanxi Ankang Road Development Project : resettlement action plan (Vol. 2 of 2) : Local road improvement project

RP439 v 2 Shaaxi Ankang Road Development Project Resettlement Action Plan For Local Road Improvement Project RECEIVED MAY 0 5 ?OO6 EASTR Shaanxi Provincial TransportDepartment In April 2006 * ,.$ ~~SCANNED  Preface Country Road Program of Ankang Highway Development Project, Shaanxi Province, is attached to the World Bank Loan Project-Ankang-Shaanxi-Sichuan Boundary Expressway. It covers three poor counties/district in Ankang City, i.e., Ziyang County, Langao County and Hanbin District, and consists of the rehabilitation and extension of 108 country roads (hereafter referred to as attached roads). There are 61 attached roads in Ziyang County, with a total mileage of 717. 39km, of which 74.5km is for provincial highways, 172.684km is for county roads, 113.11Okm is for township roads and 357.100km is for village roads; and whose total estimated investment is 214,285,500yuan. There are 18 attached roads in Langao County and their total mileage is 279km, of which county roads, township roads and village roads amount to 176km, 12km and 91km respectively; and whose total investment is estimated at 109,041,600 yuan. In Hlanbin district are 29 attached roads with a total length of 485km, of which county roads, township roads and village roads take up 115km, 88km and 304km respectively; and whose total investment is about 433,627,500 yuan. According to the implementation plan for Country Road Program of Ankang Highway Development Project, Shaanxi Province, and the requirements of the World Bank loan projects, Communications Bureau of Ankang City completed the first draft of feasibility study report of all the attached roads in June 2005, and supplemented and perfected the report in November 2005. In order that the project affected persons' living standards canbe improved or at least maintain at the original standard while constructing the attached roads. On the basis of the characteristics of the project, relevant documents and the World Bank's requirements, the Resettlement Action Plan (RAP) for Country Road Program of Ankang Highway Development Project, Shaanxi Province, has been compiled herein. According to the implementation plan of the project, the rehabilitation and extension of 28, 24, 34, 26 and 12 country roads are to be completed in 2006, 2007, 2008, 2009 and 2010 respectively. According to the requirements of Memo of Ankang Highway Development Project, Shaanxi Province, signed by the World Bank's identification delegation, this RAP is only for the 28 county roads that are to be started in 2006, and among the roads, 15, 5 and 8 of them are in Ziyang County, Langao County and Hanbin District respectively. For the other roads, their RAP will be compiled before the construction begins according to the policy framework and schedule in this RAP.  j i i i i i i  CONTENT OBJECTIVES OF THE RAP AND DEFINITION OF RESETTLEMENT TERMINOLOGY ..................... I 1. GENERAL INTRODUCTION ............................................................................. I 1.1 PROJECT BACKGROUND ............................................................................. 1 1.2 INTRODUCTION ............................................................................. I 1.3 PROGRESS SCHEDULE ............................................................................. 2 1.4 MAJOR IMPACT ............................................................................. 2 1.5 MEASURES TO REDUCE THE IMPACT ............................................................................ 3 1.6 DESIGN AND EXAMINATION OF THE PROJECT ............................................................................ 28 1.7 PREPARATION FOR LAND ACQUISITION AND RESETTLEMENT PLAN ................................................................ 28 1.8 PREPARATION FOR LAND ACQUISIT1ION AND RESETTLEMENT ACTION PLAN................................................. 30 1.9 BASIS AND OBJECTIVES OF RAP ............................................................................ 30 2. NATURAL ENVIRONMENTAL CONDITIONS ............................................................................ 31 2.1 TOPOGRAPHICAL FEATURE ............................................................................ 3 1 2.2 RIVERS AND WATER SYSTEM ............................................................................ 31 2.3 CLIMATE ............................................................................. 3 1 2.4 VEGETATION RESOURCES ............................................................................ 32 2.5 WILD ANIMALS ............................................................................. 32 2.6 MAIN AGRICULTURE PRODUCTS AND AGRICULTURAL PRODUCE CONDITIONS ................................................ 32 2.7 BASIC SOCIO-ECONOMIC CONDITION ............................................................................ 32 2.8 TOURIST RESOURCES ............................................................................ 33 2.9 PRESENT TRANSPORTATION CONDITION ............................................................................ 33 2.10 MEANS OF LIVELIHOOD ............................................................................ 34 3. FRAMEWORK OF LAND ACQUISITION AND RESETTLEMENT POLICY..................................... 36 3.1 POLICY BASES ............................................................................. 36 3.2 RELEVANT LAWS AND REGULATIONS ............................................................................ 36 3.3 COMPENSATION STANDARDS ............................................................................ 42 4. RESETTLEMENT AND RESTORATION PLAN ............................................................................ 45 4.1OBJECTIVE ............................................................................ 45 4.2 POLICY AND PRINCIPLE OF THE LAND ACQUISITION AND RESETTLEMENT PLAN............................................. 45 4.3 OVERALL PLAN FOR LAND ACQUISITION AND RESETTLEMENT ...................................................................... 46 4.4 LAND ACQUISITION AND RESETTLEMENT PLAN INTHE COUNTRYSIDE . ..........................................................47 5. IMPLEMENTATION PLAN FOR LAND ACQUISITION AND RESETTLEMENT ............................. 48 5.1 PROCEDURES ............................................................................ 48 5.2 SCHEDULE ............................................................................ 50 6. ORGANIZATIONS ............................................................................ 51 6.1 ORGANIZATION ESTABLISHMENT ............................................................................ 51 6.2 ORGANIZATIONS' COMPOSITION AND RESPONSIBILITY ............................................................................ 51 6.3 MEASURES TO STRENGTHEN THE ORGANIZATIONS' CAPACITY .................................................... 5.....4...  7. PUBLIC PARTICIPATION AND CONSULTATION ............................................................................ 56 7.1 PUBLIC PARTICIPATION ............................................................................ 56 7.2 APPEALING PROCEDURES AND CHANNELS ............................................................................ 60 7.3 PUBLIC CONSULTATION ............................................................................ 61 8. LAND ACQUISITION AND RESETTLEMENT ACTION PLAN FOR THE PROJECT ......... .............62 Appenddix: Affiche Replica of Project II  Objectives of the RAP and Definition of Resettlement Terminology The Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, that of Shaanxi Province as well as a series of regulations in the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP/BP4.12). Its purpose is to set out an action plan for the resettlement and rehabilitation of the project affected persons (PAPs) to ensure that they will benefit from the project and their standard of living will be improved or at least be restored after the project. On account of the implementation of the project, acquisition of land and other properties will impose great negative effect on the people working in the fields and making a living by farming. "The Project Affected Persons refer to those whose production or life will be affected by land acquisition and house removal for the project. Definition of the "PAPs": "PAPs" refer to those: whose living standards have been adversely affected or will be adversely affected because of the project implementation; whose ownership of any house, rights or interest, land (including house sites, farmland and grassland) or other movable or immovable property will be temporarily or permanently acquisitioned or occupied; whose business, occupation, work or inhabitation and life will be adversely affected. PAPs may be individuals or legal persons of a company, or a public institution. Definition of PAPs is not limited to their legal status, life style or business in the affected location, or their title to property compensation. They include: (1) Those will be affected by the project regardless of their legal rights or absence when their property is acquisitioned. (2) Those have not got the residential permit to live in a specified place. Therefore all those to be affected will need to be considered and recorded as PAPs, regardless of their legal property, land or social position. All PAPs are entitled to some compensation to improve or at least restore their living standards, and compensation for the property losses. Compensation for their property will be paid by the replacement cost. Deductions and discounts by the excuse of depreciation or other reasons will be strictly forbidden as far as their compensation amount is concerned. All PAPs should benefit from the effect. In addition to the compensation for their property losses, they are entitled to receive subsidy to restore their life and production. Those PAPs, who have no title, authorization or legal permission to reside in, to do business, to cultivate land or build houses, are also eligible for rehabilitation of their livelihoods and compensation for their property and accordingly are on an equal footing with those having formal legal title, authorization or permissions for depreciation or other reasons for depreciation or other reasons. i  Definition of "Resettlement" "Resettlement" refers to making some arrangements for the PAPs' life and production so that they can benefit from the project. Its main contents include: (1) to relocate their living quarters; (2) to find new jobs for those who are affected; (3) to restore (or compensate) the affected land, workplaces, trees and infrastructure; (4) to improve their living standards (quality of life), affected by land acquisition and house removal (e.g. the adverse effect of pollution); (5) to restore or compensate the affected private and public enterprises; (6) to restore the adversely affected culture and collective property. Definition of "Restoration" "Restoration" refers to restoring the affected people's ability of resumed production and their life to a higher level or at least equal to the previous life before the project. This RAP aims at providing a resettlement and restoration plan so that their losses will get compensated and their standard of living will be improved or at least maintain their previous standard. In order to achieve this objective, this RAP is to provide some countermeasures for the PAPs to restore their income to support themselves. Besides, the affected businesses (including shops and enterprises) and public property, infrastructure and cultural property will also be improved or at least restored to the previous standard. ii  1. General introduction 1.1 Project background In order to narrow down the economic gaps between each region of our country, expand opening up, develop extensive cooperation and trade in more areas, improve current backward transportation condition in the western region, so as to meet the strategic requirement of the great western development, the Ministry of Communications worked out the "four longitudinal and four transverse highways" program in 2000, conceming eight provincial highways for the western development. Arun Banner-Xi'an-Chongqing-Beihai (A-Bei) Highway is one of the important passages among the eight proposed highways, connecting northwest, north with southwest coastal provinces of China, occupying a prominent position in the national highway transport network. .Ankang-Shaanxi-Sichuan Boundary Expressway is the major section of the highway development program of Ankang in Shaanxi, and is also the south-tip section ofA-Bei Highway in Shaanxi Province. Its construction is of great significance for perfecting the frame of highway network in China and Shaanxi Province, especially for speeding up the economic development and the resources development along the highway. The expressway is about 86.902km long, the construction is to be started in 2006, finished by the end of 2010, with the total expected construction period of 5 years. Its estimated cost is about 7227 million RMB yuan, of which, USD350 million (about RMB 2,900 million yuan) will be the loan from the World Bank, RMB3000 million yuan will come from the National Special Construction Funds by application, RMB 1000 million will be the loan from the local banks in China, and the rest RMB327 million yuan will be raised by Shaanxi Provincial People's Government. Under the principle that expressways (large roads) boot small roads, promote the construction of village roads along the expressways, and speed up the local poverty relief and enrichment, Ankang- Shaanxi-Sichuan Boundary Expressway will promote the reconstruction ofvillage roads in 108 villages in three backward districts or counties, Hanbin District, Ziyang County and Langao County, the country road program in Ankang Highway Development Project of Shaanxi Province. The program includes 29 roads in Hanbin District, with a total length of 485km; 18 roads in Langao County, 279km; and 61 roads in Ziyang County, 717.4km. The total cost of the project is RMB433.6275 million yuan, all from the World Bank. It completion will provide convenient construction shortcut for the construction of the expressway as well as a favorable condition for the local villagers torelieve their poverty and become rich. 1.2 Introduction The Country Road Program, Ankang Highway Development Project of Shaanxi Province includes the provincial highway, county roads and village roads. The provincial highways in the proposed project will be reconstructed under standards of grade 4 highways in hilly terrain, with bituminous pavement; the county roads will be reconstructed under standards of grade 4 highways in hilly terrain,with two lanes and bituminous pavement; township roads will be reconstructed under standards of class 4 highways in hilly terrain, with one lane and bituminous pavement; the village roads will be reconstructed under standards of grade 4 highways in hilly terrain, with one lane and gravel pavement; The total project includes one  provincial highway (74.5km),12 county roads (463.7km),13 township roads (191.4km), and 82 village roads (751.8km). Technical standards of the project are listed in Table 1-1 and the construction planning of each proposed road is shown in Table 1-2. Table 1-1 Technical standards of the proposed projects Provincial Item Unit highway County road Township road Village road Grade 4 hilly 2 lane-grade 4 in I lane-grade 4 in I lane-grade 4 in Classification terrain hilly terrain hilly terrain hilly terrain Design speed km/h 30 20 20 20 Width m 7.5 6.5 4.5 4.5 embankment Width of pavement width m 6.5 6.0 3.5 3.5 width Minimum radius of horizontal m 30 15 15 15 curves Max longitudinal % ~ ~8 9 9 9 gradient Pavement structure Bitumen Bitumen Bitumen Gravel 1.3 Progress schedule According to the project schedule, it is planned to invest RMB 110,936,200 yuan to reconstruct or extend 28 roads in 2006; to invest 99,096,900 yuan for 24 roads in 2007; 94,583,800 yuan in 2008 for 34 roads; 74,557,900 dollars in 2009 for 26 roads; and 54,452,700 yuan for 12 roads in 2010 respectively. The specific schedule is listed in Table 1-2. 1.4 Major impact For the village roads in the project, the work generally involves reconstruction and extension. Except for few individual road sections, these village roads already exist, but their technical indexes are too low, and often flooded, resulting in blockage of normal transportation. The major task is, therefore, to increase their technical indexes, mend and strengthen the embankment and straighten particular sections. According to the particular conditions ofthe project, through field investigations and reconnaissance, the major impact from the village road project is that a small amount of land will be taken, among them, most parts are woodland and irrigable grassland, besides some farmland. In the process of land acquisition, vegetation will be affected. Because there are trees along each side of the existing roads, they will be affected during the reconstruction, some will be cut. The project involves only a small amount of house demolition and resettlement, with the particular condition determined according to the road design. 2  1.5 Measures to reduce the impact 1.5.1 Planning and design stages In the planning and design stages, in order to reduce the impact of the project on the local economy, the design units and the project owner should adopt some effective measures, such as A. to consider the influence upon the local economy as much as possible, selecting the roads involving a lot of aspects and greatly affecting the poverty relief. B. to make use of the existing roads as much as possible in the determination of the alignment, so as to avoid house demolition, removal and land acquisition. 3  CN all \O 00 Investment year o o CD The number of poor people linked 0) . Total number of 0~~~~~~~~~~~~~~~~~~~~~~~~~~~~0 people linked 0 x Total number of 00 00 o Cd poor people Total population 00 > U of the village o xo ' Administrative Wangyan,Zhong Liangcha,zhengyi Hongshan.shiqiao o ~~~~~~~~~~~~~~~~~~~~~~~~~~~Ji njietc. ce village xin.etc. etc. etc. number o ~~~~~~~~~~~~~~~~~~~~Hongs C a o n r- 0. ~~~~~~Yinghu Dazhuyuan Yulan Hnsa < Township/town Hongshan Shizhuan Nanxi Liushui Gaoping Liushui number o E o m '0 c ._ - c C: oC.) ~ S < 0 C m C m =i 0 .~00 0) C 0 C 3 ;c ~~~Pavement witypeo Ce~~~~~~~C 0~~~~~~~~~~~~~~~~ Ce ~~ 2 ~Pavement type Pavement width c o-ou M: ~o Pvmntp 3 o En id~~~~~~~~~~ z < Subgrade width x 0 C Grd 3 O 0 E Grd Count 4 00 0) s U 7:~ I Subgrade width G Ra So Pd Grade to Co osruto O > OcVillage~~~~~~>> .0 C) C)Vilg o~ ~~~~~~~~~~~~~~~~Ra County/DiCostructiHnioHninHni Hni U Recon/Dstruction Counst Recnstucion RHanbiiain RHanbiiain Recnstucion 0~~~~ (D a