China - Inner Mongolia Transport and Trade Facilitation Project : resettlement action plan (Vol. 4 of 6) : Zhalainuoer - Heishantou Class III Port Highway

People's Republic of China Highway Network Components of Inner Mongolia Highway and Trade Facilitation Project Financed by the World Bank Resettlement Action Plan For Zhalainuoer-Heishantou Class III Port Highway (The Final Draft) Inner Mongolia Autonomous Region Communications Department June 2004  Main participants Team leader: Zhang Weijian (Economic Development and Cooperation Institute of Donghua University) Translator: Zhang Weijian Members: Wang Hongbin (Inner Mongolia Communications Department) Guo Qian (Inner Mongolia Communications Department) Zhang Tao (Hulun Buir Municipal Communications Bureau) Zhang Yuqiang (Hulun Buir Municipal Communications Bureau) Wang Yanyu (Hulun Buir Municipal Communications Bureau) Zhao Junfeng (Hulun Buir Municipal Communications Bureau)  Contents Objective of RAP and Terms in Land Acquisition and Resettlement .............. 1 Chapter 1 Brief Description of the Project....................................................... 1 1.1 Introduction ....................................................................................... 1 1.2 Project impacted areas...................................................................... 1 1.3 General socio-economic situation of the Project affected areas.... 2 1.4 Minimization of land acquisition and resettlement........................ 7 Chapter 2 Census and Socio-economic Survey of the Affected People and Assets..................................................................................................................... 11 2.1 Brief account of the survey ............................................................. 11 2.2 Land acquisition .............................................................................. 14 2.3 Affected houses ................................................................................ 14 2.4 Affected enterprises and institutions ............................................. 15 2.5 Affected crops .................................................................................. 15 2.6 Affected infrastructure and other main assets.............................. 15 2.7 Project-affected people.................................................................... 15 2.8 Socioeconomic situation of and land acquisition impacts on the affected villages (Gacha) .......................................................................... 17 2.9 Analysis of the socioeconomic impacts .......................................... 20 2.10 Stakeholder Analysis..................................................................... 23 2.11 Minority people in the Project area............................................. 24 Chapter 3 Legal Framework............................................................................ 30 3.1 Brief account .................................................................................... 30 3.2 National laws and regulations ........................................................ 30 3.3 Regulations of the IMAR ................................................................ 38 3.4 World Bank policies ........................................................................ 39 3.5 Resettlement entitlement policy ..................................................... 41 Chapter 4 Compensation Rates and Budget .................................................. 43 4.1 Compensation rates for the Project ............................................... 43 4.2 Temporary land occupation compensation................................... 45  4.3 Basic cost .......................................................................................... 46 4.4 Other cost ......................................................................................... 47 4.5 Contingencies ................................................................................... 47 4.6 Cost estimation of the land acquisition and resettlement of the Project........................................................................................................ 48 4.7 Fund flow.......................................................................................... 49 Chapter 5 Resettlement and Rehabilitation Program................................... 51 5.1 Guideline and principle of resettlement program ........................ 51 5.2 Overall resettlement scheme........................................................... 53 5.3 Housing reconstruction................................................................... 55 5.4 Aids to the vulnerable groups......................................................... 57 5.5 Infrastructure facility restoration.................................................. 57 5.6 Rehabilitation measures.................................................................. 58 5.7 Resettlement activities and implementation schedule.................. 60 5.8 Resettlement implementation plan................................................. 63 Chapter 6 Institutional Arrangements............................................................ 67 6.1 Establishment of the resettlement agencies................................... 67 6.2 Staffing of the special agencies ....................................................... 68 6.3 Responsibilities of the agencies....................................................... 69 6.4 Training and development of the resettlement staff..................... 71 6.5 Organizational chart ....................................................................... 73 Chapter 7 Consultation and Participation ..................................................... 75 7.1 Consultations and participation..................................................... 75 7.2 Resettlement information dissemination....................................... 76 7.3 Resettlement Information Booklets ............................................... 77 Chapter 8 Redress of Grievances .................................................................... 78 Chapter 9 Internal and External Monitoring ................................................ 80 9.1 Internal monitoring......................................................................... 80 9.2 External monitoring ........................................................................ 82 9.3 Submission of the monitoring reports ........................................... 87  Objective of RAP and Terms in Land Acquisition and Resettlement The RAP has been compiled according to the relevant laws and regulations of the PRC and localities as well as the World Bank's Implementation Outline for Involuntary Immigrants (OD4.30). Its objective is to ensure that the impacted people can get benefit from the proposed highway project so that their living standard can be raised or at least can be restored to that before the impact of the project. The acquisition of land and other properties may impact whoever lives on them. The impacted people include those whose life or income is impacted by the land acquisition and resettlement for the project, including: 1. those whose buildings (such as houses, the buildings of an enterprise or unit, or other public buildings) or land (such as courtyards, cultivated land, pastures) or other properties of which who have the ownership, right or economic benefit are acquisitioned either partially or completely; 2. those who use the above building or other properties, or whose production or management, jobs, living environment are impacted; 3. those whose living standard is impacted by land acquisition for the project. Consequently, we can define the impacted population as follows. The impacted population is composed of those, 1. whose life has already or will be impacted by the project; 2. whose buildings or land (such as courtyards, cultivated land, pastures) or other movable or immovable properties of which who has the ownership, right or economic benefit are acquisitioned either permanently or temporarily; 3. whose production or management, jobs, living quarters are impacted.  An impacted object may be a person or a juristic one of a company or a public organization. Whether a person is impacted does not depend on whether he or she has been registered or approved legally to work or live in an impacted area, nor does it depend on whether he or she has the ownership of the properties. Therefore, the impacted people include all those who are impacted by the project: 1. whether they have the legal right of acquisitioned properties; or 2. live in the impacted area without a legal approval. If a number of persons or a family jointly own or use a piece of acquisitioned land or other properties, they will get compensation according to the seriousness of the impact on their right and living standard. The definition of impacted population is directly related to the negative impact of the project instead of the ownership of these properties or other things. All the impacted people's living standard should be raised or at least restored. They should get compensation for the loss in properties at least equal to that calculated based on repurchase cost and for no reason should the compensation be deliberately deducted or underestimated. Resettlement includes the following aspects. 1. to rearrange the living areas; 2. to arrange the jobs for the impacted people; 3. to restore or compensate for the impacted productive resources, e.g., land, working places, trees and infrastructures; 4. to eliminate the other negative impact from land acquisition, e.g., environmental pollution; 5. to restore or make compensation for the public or private enterprises,  and 6. to eliminate the negative impact on cultural facilities or public properties. To restore means to make restoration of the impacted people's productive resources, so that they will carry on their production or management at least on the original levels before the construction of the project and maintain their life style. The RAP is intended to make a plan for the impacted people to be resettled and their life restored, so that their losses will get compensated for and their living standard will be raised or at least maintained to the original level before the construction of the project. Therefore, restoring measures will be introduced in this RAP for the impacted people to raise their income or at least maintain the previous level, and for the productive resources and public properties, infrastructure and cultural facilities to be improved or increased or at least maintained the original levels before the construction of the project.  RAP for Zhalainuoer-Heishantou Class III Highway of Inner Mongolia Autonomous Region (final draft) Chapter 1 Brief Description of the Project 1.1 Introduction One of the Highway Network Components of the World Bank-financed Inner Mongolia Highway and Trade Facilitation Project, the Zhalainuoer-Heishantou Port Highway (hereinafter referred to as the Highway), starts from the intersection between Cagang Sumu and the Hailar-Manzouli Class I Highway, the Main Line of the Inner Mongolia Highway and Trade Facilitation Project, going through Quanhe, Hulieyetu, Badaguan, and stopping at Lahei Highway in Ergun City. The Highway can also link Heishantou Port. The total length of the Highway is 138 km, and it includes 8 medium and small bridges with the total length of 126 m, 94 culverts, and 5 grade crossings. The Highway was designed according to Class III highway in plain and slight hilly area, and the design speed was 60 km/h. Its subgrade width was 7.5 m, and the traveled lane width was 6.2 m. The existing road from Zhalainuoer to Heishantou is natural road with bad road conditions. It is apparently unable to meet the increasing needs for transportation, and to keep abreast of the economic and tourist development in those areas. In order to bring the State's strategies of developing the West into force, improve the present traffic conditions, perfect the Provincial Trunk Highway system, and accelerate the resource exploitation and economic development in the areas along the alignment, the Highway is in urgent need of construction. 1.2 Project impacted areas The Highway goes through Xin Barag Left Banner, Chen Barag Banner, and  RAP for Zhalainuoer-Heishantou Class III Highway of Inner Mongolia Autonomous Region (final draft) Ergun City of Hulun Buir City. There are 1 prefecture-level city, 2 banners and 1 county-level city, 6 townships (Sumu), 13 administrative villages (Gacha) affected by the Project. For details, please refer to the following table: Table 1.1 Banners/city, townships/Sumu/livestock farms, administrative villages/Gacha/administrative zones affected by the Project. Administrative village Banner (county) Township (Sumu) (Gacha) Galuotuo Administrative Xin Barag Left Banner Cagang Livestock Farm Zone Adute Administrative Xin Barag Left Banner Cagang Livestock Farm Zone Chen Barag Banner West wuzhuer Sarulatala Chen Barag Banner West wuzhuer Xigedeng Chen Barag Banner East wuzhuer Hailasitu Chen Barag Banner Bayanhada Bayanhada Chen Barag Banner Bayanhada Huhenuoer Chen Barag Banner Bayanhada Gegenhushuo Chen Barag Banner Bayanhada Wulanchulu Chen Barag Banner Bayanhada Huhedaobu Chen Barag Banner Ewenki Huitun Ergun City Heishantou Liangdong Ergun City Heishantou Liangxi 1.3 General socio-economic situation of the Project affected areas 1.3.1 The Inner Mongolia Autonomous Region (IMAR) The Project Area, the IMAR is situated in the northern frontier of China. It stretches 2400 km from west to east and 1700 km from north to south, traversing northeast, north and northeast China. The IMAR covers an area of 1.183 million km2 or 12.3 % of the country's territory, and its land area is the third largest in  RAP for Zhalainuoer-Heishantou Class III Highway of Inner Mongolia Autonomous Region (final draft) China. The Region is surrounded by eight provinces and regions in its south, east and west, and Mongolia and Russia in the north, with a borderline of 4200 km. The total population of the IMAR is 23,790,000. There are Han, Mongolian, Hui, Manchu, Tibetan, Korean, Tahur, Olunchun and some other nationalities. The Mongolian Nationality is the main body in the IMAR. In 2002, the GDP in the IMAR reached 173.248 billion yuan, the annual average income per urban citizen was 6051 yuan, and the annual average net income per farmer or herdsman was 2086 yuan. The IMAR has national iron and steel and coal production bases. In addition, it has industries of forest, farm and animal production processing, electricity, machinery, chemicals, electronics, textile, sugar, paper making and light industry. It has developed agriculture and animal husbandry. The Region is a national production base of cash grain, oil and sugar, and also an important animal husbandry base, ranking top among the five major pastoral areas in the State. 1.3.2 Hulun Buir City Hulun Buir City is situated in the northeast of IMAR, between longitude 115