China - Second Xinjiang Highway Project : environmental impact assessment (Vol. 4 of 6)

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' 1*: I')] AJL O L_ l THE PEOPLE'S REPUBLIC OF CHINA XINJIANG UYGUR AUTONOMOUS REGION E140 WIDENING WORK IN CONTRACT NO.4 OF XINJIANG 1 HIGHWAY PROJECT RESETTLEMENT ACTION PLAN (Submitted to: The World Bank) Resettlement & Monitoring Office Project Execution Office of Xinjiang High Grade Highway Construction Authority January, 1996 V0 4-  Table of Contents 1.0 GENERAL DESCRIPTION OF THE WIDENING WORKk 2.0 INVESTIGATION ON THE RESETTLEMENT MATERIALS 2.1 Organization of Resettlement Investigation 2.2 Investigation Result 3.0 COMPENSATION STANDARD AND COST ESTIMATE 3.1 Compensation Standard 3.2 Cost Estimate 4.0 CAPITAL ALLOCATION AND RESETTLEMENT 4.1 Capital Allocation 4.2 Resettlement 5.0 COMPLAINT CONSOLATION AND APPEAL NECHANISX 6.0 PARTICIPATION AND CONSULTATION 6.1 Confirmation Stage of the Widening Work 6.2 Preparation Stage of the Resettlement Action Plan 6.3 Implementation Stage of the Resettlement Action Plan 6.4 Production-and Living Rehabilitation Stage after the Implementation of Resettlement Action Plan 7.0 MONITORING AND ASSESSMENT 7.1 Internal Monitoring 7.2 External Monitoring  1.0 GENERAL DESCRIPTION OF THE WIDENING WORK * The total length of the widening work is 62.4kn, the widening work is located in Urumqi County. The area of occupied land which is caused by the widening work is 116.95 hectare (1,754.25 mu). Regarding to the occupied land, except from a few state-owned woodland and cultivated land for cities and towns along the alignment, all of the other lands are wasteland and desert grassland, we do not have impacted persons in those areas. 53 houses with a total area of 556.5 sq.m, which located in the new right-of-way, should be removed, but all of these houses are not for the dwelling purpose. The number of affected persons is 25 and two enterprises are affected. The widening work forms a part of TUDE project, all of the laws, polices and principles for land acquisition and resettlement,compensation standard, resettlement methods, monitoring assessment adopted for the completed land acquisition and resettlement of TUDE project are suitable for the resettlement of the widening work. The resettlement compensation work of the widening work will be taken the responsibility by the Resettlement and Monitoring Office, which is guided by Xinjiang High Grade Highway Resettlement Leading Team, this work could be accomplished after the negotiation between the Resettlement office of the Urumqi County and the impacted personal or affected enterprises. The cost estimate of the resettlement is 1.9379 .- million RMB. The implementation schedule of the resettlement work is from December 1995 to March 1996. 2.0 INVESTIGATION ON TEE RESETTLEMENT MATERIALS 2.1 Organization of Resettlement Investigation 2.1.1 Xinjiang Highway Planing, Survey & Design Institute carried out preliminary investigation on the resettlement and occupied land status which is caused by the proposed widening work in November 1995, the situation of houses which should be removed and the impacted personal was determined after the preliminary investigation, also the statistics of the new land which should be requisitioned was made in accordance with the different land types. 2.1.2 Xinjiang Highway Planning, Survey & Design Institute as well as Reseetlement and Monitoring Office and Resettlement Office of Urunqi County made the verification on the resettlement and occupied land status of the widening work in December 1995, the verification result was approved by the impacted personal and affected enterprises. 2.2 Investigation Result 2.2.1 Investigation result of newly-occupied land and impacted personal a. The area of the occupied land caused by the widening work is 1  116.95 hectare (1,754.25 mu), where: --Woodland 0.75 hectare (11.25 mu) --Grazing-land . hectare (15 mu) *--Land for cities and towns 1.6 hectare (24 mu) --Wasteland 113.6 hectare (1,704 mu) b. No impacted personal caused by the newly-occupied land requirement of the widening work. 2.2.2 Investigation result of the affected houses which should be removed and impacted personal a. There are 53 houses with a total area of 556.5 sq.m, which located in the new right-of-way, should be removed, but all of these houses are not for the dwelling purpose, where: --Brick and concrete houses area: 337 sq.m, No.:42 --Brick and wood house area: 7.5 sq.m, No.:1 --Earth and wood house area: 212 sq.m, No.:10 b. The number of impacted persons caused by the resettlement of the widening work is 25 and two enterprises are affected. 2.2.3 Investigation result of newly-occupied other structures and trees caused by the widening work --Motor-pumped wells No.: 3 --Gate No.: 1 --Enclosing walls 50m --Trees No.: 2690 where: mature trees No.: 90 young trees No.: 2600 3.0 COMPENSATION STANDARD AND COST ESTIMATE 3.1 Compensation Standard Pursuant to the stipulations of relevant laws, the resettlement compensation of the widening work should include following aspects: (1) Compensation fee of land and crops (2) Compensation fee of houses and other structures (3) Transition fee (4) Compensation fee of trees (5) Others (such as: land management fee, contingency and price contingency) 3.1.1 Compensation fee of land and crops (1) Woodland: The compensation fee of land and crops will be calculated at the rates of five times and twice the annual average output value in the preceding three years respectively. The annual average output value per hectare is calculated with 11,400 RMB. 2  (2) Grazing-land: The compensation fee of land and crops will be calculated at the rates of four times and twice the annual average output value in the preceding three years respectively. The annual average output value per hectare is calculated with 3,150 RIE. (3) Land for cities and towns: The compensation fee of land will be calculated with 200,000 RMB per hectare, there is no compensation fee for crops. (4) Wasteland: It is non-income land, the compensation fee of land will be calculated with 600 RMB per hectare, there is no compensation fee for crops. 3.1.2 Compensation fee of houses and other structures a. Houses: The compensation fee of earth and wood houses will be calculated with 250 RMB per sq.m, 400 DM3 per sq.m for brick and wood houses and 600 RMB per sq.m for brick and concrete houses. b. Other structures: The compensation fee of other structures will be calculated in accordance with the real situation and relevant stipulations. Where:. the compensation fee of motor- pumped well will be calculated with 250,000 RMB each, 50,000 DMB for each gate and 100 RNB per metre for enclosing walls. 3.1.3 Transition fee: The transition fee will be calculated with 100 RNB per room each month. The transition period is three months. 3.1.4 Compensation fee of trees The trees which would be cut for the widening work are normal trees, the compensation fee will be calculated with 100 RMB for each mature tree and 50 RDB for each young tree. 3.1.5 Others a. Land management fee: it will be calculated at 4 percent of the budgetary estimate of resettlement. b. Contingency: it will be calculated at 6 percent of the budgetary estimate of resettlement. c. Price contingency: it will be calculated at 5 percent of the budgetary estimate of resettlement. 3.2 Cost Estimate The cost estimate of the resettlement of the widening work is 1.9379 million RDB, where: including 467,000 DRX compensation fee of land and crops, 1.0632 million RMB compensation fee of houses and other structures,- 15,900 RMB transition fee, 139,000 RMB compensation fee of trees and 252,800 RMB other fees. For details, please refer to the annex. 3  4.0 CAPITAL ALLOCATION AND RESETTLEMENT 4.1 Capital Allocation 4.1.1 Compensation fees of crops, houses & other structures, trees, transition fee and price contingency will be directly paid to the impacted personal and affected enterprises according to the agreement signed between the Resettlement Office of Urunqi County and impacted personal or affected enterprises as the compensation of their pecuniary loss caused by the resettlement. 4.1.2 Compensation fee of land will be paid to the affected enterprises caused by land requisition in accordance with the agreement signed between the Resettlement Office of Urumqi County and affected enterprises, this compensation fee will be used for arranging general production and opening up new production ways, etc. 4.1.3 Land management fee will be kept on by the Resettlement Offices, it will be used as the training fee, official business fee, meeting fee and equipment procurement fee for those resettlement management staff. 4.1.4 Contingency will be mastered by the Resettlement and Monitoring Office for the payment of all kinds of unexpected costs. 4.1.5 Resettlement cost forms a proportion of the total budgetary estimate of TUDE project. it will be directly paid to the Resettlement and Monitoring Office by Project Execution Office of Xinj iang High Grade Highway Construction Authority (PEO), then this amount of money will be transferred to the Resettlement Office of Urunqi County by the Resettlement and Nonitoring Office, finally, the Resettlement Office of Urumqi County will carrying out payment to the impacted personal and affected enterprises according to the agreement signed between the Resettlement Office of Urumqi County and impacted personal or affected enterprises. 4.2 Resettlement 4.2.1 Resettlement of impacted personal caused by land requisition. No cultivated land is occupied by the widening work, therefore, we do not have impacted personal to be resettled. 4.2.2 Resettlement of impacted personal caused by removal of houses. a. The Resettlement and Monitoring Office as well as the Resettlement Office of Urumqi County will carry out investigation and verification on the total numbers of houses to be removed and determine the scope of houses to be removed, the investigation and verification result will be approved by impacted personal and affected enterprises. This work will be completed by December 20, 4  1595. b. The Resettlement Office of Urumqi County will promulgate the house removal scope and time limit by means of putting up Z House Removal Announcement". In the mean time, the Resettlement Office of Urumqi County will conduct propaganda and explaination to the impacted personal and affected enterprises to let them understand that it will bring about enormous social economic benefit; to build a high grade highway, also their living condition will not lower than the original one after the resettlement. The resettlement time limit is from December 20, 1995 to March 1, 1996. c. Within the stipulated house removal time limit, the Resettlement Office of Urumqi County will sign the written agreement with impacted personal and affected enterprises in aspects of compensation form, compensation amount, area & locations of resettled houses, transition time limit and responsibility for violating the agreement. All of the compensation amount (including transition fee) will be paid to those impacted personal and affected enterprises imediately after the agreement was signed. d. The impacted personal and affected enterprises will build new houses at the designated places stipulated in the written agreement from March 1,1996 to May 10,1996. e. The Resettlement Office of Urunqi County will completed the clearing and grubbing before the commencement of the widening work, the time limit is from March 1,1996 to March 20, 1996. 5.0 COMPLAINT CONSOLATION MMD APPEAL MECHANISM In order to ensure that the interests and assets of impacted personal and affected enterprises, which are caused by land requisition and house removal, will not be invaded or damaged, any impacted -person or affected enterprise who has grievance against the resettlement action may lodge a written complaint with the Resettlement Office of Urumqi County to coordinate it. If the impacted person or affected enterprise is not satisfied with the decision given within three weeks, he/she can appeal against the Resettlement and Monitoring Office whi_h will resolve the issue. After the reception of the written complaint, the Resettlement and Monitoring Office should resolve it within four weeks. If the impacted person or affected enterprises is not satisfied with the decision made by the Resettlement and Monitoring Office, he/she can approach to the People's Court of Urumqi County by means of Written complaint. If the impacted person or affected enterprise is not satisfied with the decision made by the People's Court of Urumqi County, he/she can approach to the Intermediate People's Court of Urumqi City which decision so made shall be the final one and shall be enforced. 6.0 PARTICIPATION ANqD CONSULTATION  The participation and consultation of the public will be divided into four stages in the course of the land acquisition and resettlement for the widening work. Through a series of participation and consultation by the public, it can aot only ensure us that the completed resettlement action can reflect the real needs of the impacted personal and affected enterprises, but also the resettlement action can be carried out smoothly and assets of impacted personal and affected enterprises can be satisfied even more. 6.1 Confirmation Stage of the Widening Work In this stage, the objects of participation and consultation are the affected local governments at various levels, representatives of the impacted enterprises and local people. The main contents are to determine the location, construction scale, influence and scope of the widening work. 6.2 Preparation Stage of the Resettlement Action Plan In this stage, the objects of participation and consultation are the affected local governments, relevant departments, representatives of the impacted enterprises and people, also including the enterprises and individuals of accepting areas. The contents include the investigation on the scale of the resettlement and material object index, social economic investigation on impacted personal, determination of compensation standard and resettlement scheme. 6.3 tmplementation Stage of the Resettlement Action Plan In this stage, the objects of participation and consultation are the affected local governments, relevant departments, representatives of the impacted enterprises and people (including the enterprises and individuals of accepting areas). The contents include signing the agreement of resettlement compensation, allocation of compensation amount, completion status of house removal, etc. Moreover, we will establish complaint consolation and appeal mechanism for those affected enterprises and personal, also tell them the channels for resolving their problems. 6.4 Production and Living Rehabilitation Stage after the Implementation of Resettlement Action Plan In this stage, the objects of participation and consultation are the affected local governments, impacted enterprises and individuals. The contents include the establishment of social service system, monitoring on resettlement and assessment, etc. 7.0 MONITORING AND ASSESSMENT The monitoring for the resettlement action of the widening work is classified with internal monitoring and external monitoring. 7.1 Internal Monitoring 6  The internal monitoring work will be completed jointly by the Resettlement and Monitoring Office and the Resettlement Office of Urumqi Couhty, which is guided by Xinjiang High Grade Highway Resettlement Leading Team. The internal monitoring mainly includes the progress of land acquisition & house removal, the allocation & utilization status of compensation amount and implementation status of resettlement agreement, etc. The written Monitoring Report will be prepared and submitted by the Resettlement Office of Urumqi County to the Resettlement and Monitoring Office, the above mentioned main contents will be included into the written Monitoring Report. The written Monitoring Report will be continuously submitted every month until all of the resettlement works are completed. The Resettlement and Monitoring Office will carry out assessment on the Monitoring Report shortly after it was submitted. If there is any problem, the Resettlement and Monitoring Office as well as the Resettlement Office of Uzuiqi County and affected personal or enterprises will c6nduct verification at site and resolve it in time. 7.2 External Monitoring The external monitoring of the widening work will be completed by the Resettlement and Monitoring Assessment Team, which is consisted of three sociologists from Xinjiang Sodial Scientific Academy. The main contents of external monitoring include whether the affected enterprises and impacted persons are satisfied with their rehabilitated houses, whether the affected enterprised ind impacted persons are satisfied with locations of the relocated places comparing with the original places, the incomes increasing or decreasing status and restoring status of the affected enterprises and impacted persons after the resettlement, the remaining problam and suggestions, etc. All of the above -mentioned contents will be covered into the written Monitoring Report, also, the written Monitoring Report will be sbhmitted to the Resettlement and Monitoring Office every two months. Six months after the completion of the resettlement work, the Resettlement Monitoring Assessment Team will submit a full copy of Resettlement Monitoring Assessment Report to the Resettlement and Monitoring Office. After the reception of these reports, the Resettlement and Monitoring Office, jointly with the Resettlement Office of Urugqi County, will make appropriate resolutions on the problems mentioned in these reports timely, also the suggestions included in these reports will be considered to the fullest extent. 7  Annex: 4 e. C_mptug'h %Veai4> G|zJeg- l"ad tre WOwghsie tick A ccc. tickk & w%=d Eulh & "ad Mdir- "CdIguh3