China - Second Irrigated Agriculture Intensification Project : resettlement plan

RP- 35 IAIL II PIP R -3 Annex 11-15 Project Monitoring Plan Chart of Management Institution Water Balance Study Report Dam Safety Report Policy Framework of Social Assessment State Office for Comprehensive Agricultural Development April,1 998   Content Annex I I Project Monitoring Plan .1 1. Schedule of IAIL II Project. 1 2. Procurement Progress of Machinery, Equipment & Materials .4-...............- 4 3. Schedule of fund allocation for IAIL II Project .10 4. Key Mantrap indicators of IAIL II Subprojects .*- 11 5. Operational Plan 1998 - 2002 on Environmental Monitoring .16 6. IAIL II Project Soil Fertility Monitoring Plan .22 Annex 12 Project Organization Chart. 25 Annex 13 Analysis of Water Supply & Demand Balance. 26 Annex 14 Dam Safety Report . *--......-..--..--..--..-..--...... --.*--47 Annex 15 Policy Framework of the Social Assessment on Land Acquisition & Resettlement of IAIL II Project .84 Appendix 1 Outline for Preparation of Subproject Land Acquisition & Resettlement Implementation Plans .90   Annex 15 POLICY FRANIEWORK OF THE SOCIAL ASSESSMNIENT ON LAND ACQUISITION AND RESETTLENIENT OF IAIL II PROJECT 1. Objectives Under the IAIL 2 Project, the selection and design of subprojects fully considered how to avoid involuntary resettlement caused by any permanent and temporary land occupation. The project will promote farmers to actively participate in the implementation. The Policy framework for the social assessment and resettlement under the Program Approach guidelines for the project is in compliance with the World Bank O.D.4.30 and Guidelines for Involuntary Resettlement Action Plan, the Comprehensive Agricultural Development Project Implementation Procedures compiled by SOCAD and World Bank preparation mission, as well as Chinese laws and regulations. The objectives are as follows, which is aimed at avoiding possible negative impacts during implementation. (a) Ensure project implementation, avoiding the potential negative impacts, which is including involuntary resettlement and cropping compensation caused by tentative land occupation in project period. (b) Strengthen monitoring and evaluation so as to find in time the possible land acquisition and occupation. (c) If some of the subprojects which would cause land requirement and resettlement have to be redesigned and re-selected, these subprojects will not be financed unless the resettlement plans are prepared and arrangements are properly made following the requirement of Policy Framework ( See Appendix I ). (d) POCADs should prepare the provincial social assessment report, following the requirements of the Policy Framework and CAD project procedures. 2. General situation of the Project 2.1 The Irrigated Agricultural Intensification Project Il (IAIL II) is an important component of the comprehensive agricultural development (CAD) program during the Ninth Five Year Plan period. According to the national Ninth Five Year Plan of CAD, the project areas under IAIL 2are located at 131 counties of 28 prefectures (or prefecture cities) in the five provinces of Hebei, Henan, Shandong, Jiangsu and Anhui, where the main irrigation systems have been basically completed. As analyzed and estimated based on the completed feasibility study reports for the Project, the Project is proposed to improve 1.535 million ha of irrigation area, build 48,300 ha of on-farm shelter belts, improve land leveling, perfect the agriculture service systems of each level, and extend new agro-technology. The project period is five years. After completion, the grain output of the project areas will be increased 4.29 million ton and the output value 5.875 billion  yuan annually, 18 million agricultural population in the project areas can directly benefit from the Project 1) the annual average per capita income will be increased by 326 yuan; 2) during implementation, additional employment opportunities will be provided for more than 60,000 persons annually in the project areas, 3) the effective supply of agricultural products and by-products will be improved and so will the supply of staple and non-staple foods for urban and rural residents, and 4) the conditions of agricultural production will be improved, in particular the intensity of labor of the farmers will be lowered by increasing mechanization. 3. Measures to avoid involuntary resettlement and tentative land occupation 3.1 IAIL II project has been determined according to the national policies for CAD and the Regulations for the Management of the National Comprehensive Agricultural Development. The investment of the Project is mainly provided for on-farm irrigation and drainage auxiliary works in water resources component, soil improvement and social service systems of a,ro-machinary, agro-technology, etc. in agriculture component and shelter belts and necessary nurseries in forestry component. Except for only few necessary construction works on the main irrigation systems serving the subproject areas, no main systems will be built. All subprojects will be applied for bottom up, while selected optimum top down. Local farmers, Farmers' Associations will make recommendations in terms of the project selection and design to build their project efficiently. Farmers are willing to be financed with the World Bank loan and are demanding start work as soon as possible. 3.2 The project selection process minimizes the negative impact on farmers caused by land occupation, project construction and housing removal. According to 10 years experience of CAD project, following measures are determined by each PMO to avoid any land occupation: a. Upgrade the quality to the specified standard by dredging and repairing the existed branch canals, laterals and ditches, b. Increase arable land by reducing ditches length with straight instead of curved on- farm works. Wherever new ditches have to be constructed, the farm land area of each household will be adjusted during land leveling to ensure no lose of area; c. Land leveling and dredging should be finished between autumn harvest and winter planting season. The few that cannot be finished should be scheduled in advance for the cropping rotation to reduce damage. For subprojects that cannot be finished between crop seasons, no crop should be planted in the proposed construction areas to avoid any waste of crops, d. Minimize land using by optimum canal profile design and seepage control (lining) of the canals which will reduce the canal cross-section and land required;  e Strengthen monitoring on project land use and impact 3 4 The project is proposed to improve the irrigation condition of 1.535 million ha arable area served by the existed irrigation schemes which are made of earth, old and out of repair and have large cross-section areas. After lining, the cross-section areas of canals will be reduced. Therefore, the implementation of the Project will reduce the land occupied by canals over the project area and provided no additional incremental land of 3- 5%. 3.5 Dam safety inspection have been completed regarding the 25 dams which are over 15 meters in the subproject areas. The 4 problem dams have identified no land acqusition. 4. Related policies, laws and regulations 4.1 If resettlement and cropping compensation is required, following regulations will be followed 4.2 The land acquisition of the IAIL II Project should strictly abide by the Law of the People' Republic of China on Land Management, the Implementation Regulations of the Law of the People' Republic of China on Land Management and related laws, regulations issued by the five provinces of Hebei, Shandong, Anhui, Henan and Jiangsu. The agency needing land for the construction of the project should make application to the local department of land management and acquire the right for land use through administrative planning or paid transfer. 4.3 According to the Law of the People' Republic of China on Land Management, China implements the paid use system for state-owned land. The agency plans to use land for the construction of project should make application for the right of land use according to legal procedures. The provincial, prefecture or county department of land management will supervise, approve the use of land depending on the scale, and submit the application to the government at the county level /up level for approval according to the authorized approval. Regarding the application of rural enterprise for land use, the department of land management should review carefully and heed the comments raised by the departments of environmental protection on the siting and planning. 4.4 According to the Law of the People' Republic of China on Land Management, the land use for the infrastructure in townships and villages with IAIL 2 Project, township government should review and then apply to the county department of land management that approve before the project implementation and submit to the government at the county level/up level for approval according to the authorized limits. 4.5 The land acquisition for the Project must follow the procedures stipulated by the Law of the People' Republic of China on Land Management. Related departments, including village administrative commissions, township governments, provincial, prefecture and county departments of land management have cleared the purposes of the Project and the quantities of land acquisition The departments of land management at all levels have  guaranteed to provide quantified compensation in the case of livelihood affected by land acquisition. 4.6 The definition of the Project must follow the Water Law of the People' Republic of China, the Policies for the Comprehensive Agricultural Development approved by the State Council, the Regulations for the Management of Subsidy Funds for Small-sized Farmland Water Resources Projects and Water- Soil Conservation jointly issued by the Ministries of Finance, Water Resources, as well as the regulations for the management of water resources works in the subproject areas. 4.7 Preparation and implementation of the resettlement plan and/or compensation for occupied land in any subprojects should be in accordance with the World Bank OD4.30. 5. Complementation principles 5.1 Involuntary resettlement should be avoided/minimized in the reasonable extent, using all the feasible programs to avoid/mitigate the relocation requirement. 5.2 If resettlement cannot be avoided, proposed plans should be prepared during the subproject preparation. Adequate funds and works benefit should be provided for resettlement to ensure the further improvement in living standard and production . 5.3 Subprojets without resettlement should adopt all the reasonable methods to avoid/minimize arable land occupation, cropping damage and possible negative impact from subproject construction ( See para.3.3 ). 5.4 The proposed implementation and design should be compiled in terms of the sufficient discussion and consultation on all the subjects with resettlement and compensation, encouraging with project affected people and community participation , introducing the rights belonging to them. 5.5 All the cost related to resettlement and compensation should be included in the POCADs cost estimates. 5.6 The compensation for the resettlement, cropping and related loses due to temporary land occupation should be paid on the basis of replacement cost. The rate should be in compliance with each provicial Implementation Approach and submit to SOCAD for review. 5.7 The implementation and compensation plan of the subprojects with resettlement should be reviewed before appraisal by provinces and submited to SOCAD which will review and submit them to the World Bank. The subprojects can be financed only after the World Bank review.  6. Mlanagerial organizations and responsibilities 6.1 PMOs of CAD at all levels should be responsible for the planning and implementation of the Project. The selection and implementation of subprojects should be made strictly according to the Implementation Procedures for the Comprehensive Agricultural Development Program and the IAIL 2 program approach. 6.2 The planning and statistics groups in PMOs of CAD at all levels should assign special persons to be in charge of review and management of land use under the project. The subprojects which change design/site for some reasons must follow the procedures and requirements of the resettlement plan and should be compiled by the implementation entities and submitted to the PMOs at higher levels and county land management sectors. 6.3 Resettlement caused by changing design/site should be carried out by both PMOs and land management bureaus sectors at the same level. PMOs should guide implementation entities to compile the allocation and implementation plan accordin, to the Policy Framework as well as provide resettlement guidance. Meanwhile, PMOs should also assist raising of funds, adopting reasonable measures, handling problems, and supervising the implementation. The governmental departments of land management at all levels should implement management by various levels according to the authorization given by the state, review and check the scope and quantity of land acquisition, record land acquisition, handle the procedures for land acquisition and supervise the implementation of compensation measures. Only after approval by the department of land management can the subprojects be included in the annual investment plan under the Project. 7. Resettlement plan and implementation 7.1 Subprojects with resettlement must have the plan in order to be financed under the Project. 7.2 The plan should include: (1) location and scope of the land acquisition, (2) purpose of land acquisition, (3) related policies and laws, (4) basic data; (5) compensation standards, (6) institution and staffing; (7) community participation, (8) effect on livelihood and community; (9) land acquisition schedule; (10) cost estimates and timelines and (11) supervision and appraisal of land acquisition. 7.3 Resettlement proposed procedures should include: (1) survey the social economy in the region, (2) survey and record the affected people ( e.g. numbers, households, villages, type and quantity of land acquisition, severity of impacts ); (3) prepare the resettlement measures and compensation standard based on related policies, laws, regulations; and (4) prepare the compensation plan and implementation schedule.  8. Nlonitoring and evaluation 8 1 SOCAD should hire an independent unit to monitor and evaluate land acquisition, compensation and temporary land for project construction. 8.2 Construction land area, acquisition and compensation rates should be included in the implementation statement of PMOs and submit for review. Monitoring staff should periodically inspect and visit the field to find the problems, then make recommendations to PMOs to solve them 8.3 Key monitoring indicators: (a) Whether the selection and approval of subprojects are in compliance with the Implementation Procedures of the Comprehensive Agricultural Development ( CAD ) Project and IAIL 2 Project; (b) Whether the subproject involving land acquisition has prepared the action plan .according to the requirement of the land acquisition and resettlement plan, Policy Framework and World Bank OD 4.30; (c) Whether there has been adequate consultation and participation by the affected people; (d) Signing date of land acquisition agreement, (e) Time of payment for compensation; (f) Raising and use of compensation funds; (g) Type, quantity and location of land for adjustment, (h) Whether the affected farmers' households have been allocated compensation properly; (i) The change of economic status of affected farmers' households; (j) Use of land acquired, etc. 9. Grievance procedures for affected livelihood 9.1 The land acquisition and compensation of the Project must follow laws, respect the willingness of farmers whose lands are to be acquired, and encourage their participation and consultation. In the preparation stage of land acquisition, under the charge of PMOs, the entities for the implementation of subprojects should go to villages and visit farmers' households, invite village cadres and farmers' households to participate in the evaluation, selection, and discussion of the location and quantity of land to be acquired and the  8. NMonitoring and evaluation 8.1 SOCAD should hire an independent unit to monitor and evaluate land acquisition, compensation and temporary land for project construction. 8.2 Construction land area, acquisition and compensation rates should be included in the implementation statement of PMOs and submit for review. Monitoring staff should periodically inspect and visit the field to find the problems, then make recommendations to PMOs to solve them. 8.3 Key monitoring indicators. (a) Whether the selection and approval of subprojects are in compliance with the Implementation Procedures of the Comprehensive Agricultural Development ( CAD ) Project and IAIL 2 Project, (b) Whether the subproject involving land acquisition has prepared the action plan according to the requirement of the land acquisition and resettlement plan, Policy Framework and World Bank OD 4.30; (c) Whether there has been adequate consultation and participation by the affected people; (d) Signing date of land acquisition agreement, (e) Time of payment for compensation; (f) Raising and use of compensation funds; (g) Type, quantity and location of land for adjustment; (h) Whether the affected farmers' households have been allocated compensation properly; (i) The change of economic status of affected farmers' households; () Use of land acquired, etc. 9. Grievance procedures for affected livelihood 9.1 The land acquisition and compensation of the Project must follow laws, respect the willingness of farmers whose lands are to be acquired, and encourage their participation and consultation. In the preparation stage of land acquisition, under the charge of PMOs, the entities for the implementation of subprojects should go to villages and visit farmers' households, invite village cadres and farmers' households to participate in the evaluation, selection, and discussion of the location and quantity of land to be acquired and the  Appendix I Outlines for Preparation of Subproject Land Acquisition and Resettlement Implementation Plans The sub-projects involved should prepare the land acquisition and resettlement implementation plan according to the regulations of the IAIL2 social assessment policy framework for land acquisition and resettlement, based on the following outline. 1. Scope of Land Acquisition in Subprojects The section mainly describes the content, location, scale and quantity of land to be acquired and occupied of the sub-project with indication map attached. If house removal and resettlement are involved, a detailed description should also be presented. It should be stated that the present design scheme has been selected from all schemes by taking the rule of minimizing the quantity of land acquired and occupied into full consideration. In addition, the types of land acquisition should also be made clear, including cultivated lands ( irrigated and dry lands ) and waste land. If the cultivated land is involved, the production as well as the methods and prospects of resettlement of affected households should be stated, including the objective of production and livelihood recovery as well as measures, steps and time to be taken to achieve the above objectives. 2. Policy and Regulation on Land Acquisition and Occupation Important policies and regulations on land acquisition including resettlement, if necessary, should be mentioned. They should refer not only to state laws and regulations such as Land Law and Water Law, etc, but also relevant implementation rules, regulations and supplementary documentation issued in the province and municipality as well as World Bank OD 4.30. Emphasis should be attached to the introduction of important paragraphs directly relating to land acquisition. In addition, some local doings and policies possible to adopted during land acquisition, although not included in official laws and regulations, should also be introduced and their roles such as the methods of land compensation, change and calculation of resettlement should be stated. 3. Baseline Data on Land Acquisition and Its Impact The land acquisition implementation plan should include collection of comprehensive and accurate baseline data from field the surveys. The data should include the number and name of the affected item (village and household, cultivated and non-cultivated land, paddy and dry land of cultivated land), the quantity and population of affected farm households as well as the area and quality, if necessary, relocation of buildings. In the meanwhile, the survey for local general social economic conditions and farmer per capita income should also be done. In addition, the damaged young crops, fish ponds, etc. should be included in the survey. 90  4. Criteria for Resettlement and Compensation This section covers the compensation policy and criteria for land acquisition and resettlement in the implementation plan. The cn'teria should be classified based on different quality and type of the land and might differ based on different provincial and local social economic conditions. In addition, the compensation and resettlement can be classified into two types: compensation to the affected conmnunity, such as land, farnland and facilities, etc; the direct compensation to individual farn households, including the private properties such as young crops, fruits, trees as well as houses (for employees, including unemployment subsidies and temporary subsidies). Their purposes are to protect the rights and welfare of affected people and units. For those items without concrete criteria but which need discussing, their arrangement and scope should be explained in the plan. 5. Institutional Organization and Staffing The institutional organization for overall land acquisition and resettlement should be stated. First, which institution is to be in charge and complete land acquisition and resettlement implementation plan (generally speaking, special groups organized by concerned PPMO and County PMO will coordinate the land acquisition and resettlement in their regions); second, which institution is to implement the plan. If they are not the same institutions, what is their relationship in terms of responsibility. The staff arrangement in each institution should also be mentioned in the Plan. 6. Community Participation in Land Acquisition and Resettlement PMOs and construction units should fully discuss the land acquisition and resettlement caused by subproject with units and individuals involved. This should inform each village and household of land acquisition in advance through conferences and other means and state specific relevant policies, compensation and arrangements in detail. The steps and methods to be adopted to consult with units and individuals involved should be described in the land acquisition and resettlement plan. In addition, their comments and recommendations should be taken into account during land acquisition and an attitude of understanding and consultation should be taken so as to promote their participation in land acquisition and resettlement. 7. Cost Estimates of Land Acquisition and Resettlement The cost estimate of land acquisition and resettlement will be deternined by relevant laws and regulations. land types and resettlement criteria, with contingencies and price escalation included. The cost estimate should be classified base on the affected items, individuals and units involved, and funding sources should be also stated.  8. Measures and Timetable for Land Acquisition and Resettlement The implementation plan of land acquisition and resettlement should cover the concrete methods, measures and steps proposed as well as timetables (corresponding to implementation progress) and annual progress, including the time and duration of land acquisition and occupation as well as the time of compensation ( or the time of land adjustment and change ) . 9. Monitoring and Appraisal of Land Acquisition and Resettlement The monitoring and appraisal can help project units fully determine if the expected objectives of land acquisition and resettlement have been achieved in quality and time, and provide experiences and lessons for further adjusting and promoting the work. What kind of format wNill be used to complete the monitoring of project units and what kind of internal monitoring system and indicators will be stated in the implementation plan of land acquisition and resettlement. The concrete methods, procedures and time of monitoring and appraisal should be mentioned. In particular, it should be emphasized and made a regulation that affected units and individuals should be invited to participate in the monitoring and evaluation of land acquisition and resettlement. 10. Mechanism for Protection of Rights and Grievances For the affected people and units, their rights should be fully recognized, maintained and protected. In addition to some adequate compensation, opportunities and rights for further development should be made available for them. The mechanism of claiming should be regulated and set up in the implementation plan of land acquisition and resettlement. In particular, if any project affected people have justified grievances during implementation, they should have an adequate channel to report and make claims to the departments concemed. Those claims found to be not in conformity with plan and policy must be settled quickly.  Flowchart of Claim Channel SOCAD Provincial Bureau of Land PPMO Monitoring Group ;9lanagement Court County Bureau of Land County PMO Management 4 Count\y Implementation Group %'illage Commnittee Involved4 Affected Farm Household Monitoring of IAIL2 Land Acquisition Progress ______ Time Arrangement No. Content Name Name Name Name Name _________________________ _________________ Date Date Date Date Date I Project unit makes applications to PMO, PMO reviews. _ _ = == = 2 Project unit makes applications to LNiB. LMB approves. 3 PMO,LNIB, project unit and affected unit jointly review land quantity acqulired and compensation criteria. 4 Project unit and affected unit sign agreement. 5 LNMB proceeds wvith procedure of land acquisition for project unit 6 Project unit pays land acquisition charge, LMB allocate land compensation fee to affected unit. 7 Affected unit hands over land to LMB, LMB allocates land to project unit. _ 8 Affected village adjusts land. Note: LMB refers to Land Management Bureau 93  Annex 15 IAII, 2 Project Social Impact Survey on Farmer Households IProvince County Village Date: Name No. Income Prod.cost Expenditure Without Project With project Change Compensation Arable Irr.land/dryl Arable Irr.land/dryl Arable Irr.land/dry| Arabl Irr.land/dry| Note:The unit of area is ha. The model village which has land occupation should involve all the households.  Annex 15 Land Occupation Survey for Agricultural Service System Construction Province Items No Exisited area Buildings(M2/set) Proposed acquisition ha. Remarks ciNew Reha. Township non-cultivated Collective arable Farmers'arable Agro-mach.station . _.___________=_._._== Technical station Seeds station Blending plant __=_.____=_= = I~.  Annex 15 On-farm Works Land Occupation Survey Province Works Without project With project Changed Among which increased Top width/road(m) length(m) Occup.ha. Top width/road(m) length(m) Occup. (ha.) Total Colic. Farmers' Wasted Non-arable Canals: Branch Lateral Sub-lat. Drains: Large__ _ _ _ __ _ _ _ ___ _ _ _ _ _ _ _ _ Medium Small On-farm road Pumping . . . station .Dams....=..  Model V'illaoe Sur-vey of IAIL 2 Project Social Impact Province County Village Date: Basic Household No. Agri.population Labors Arable area I Water land Irri.dry land non-irri.dry land Per capita area Annual per capita income Planting area Among which: wheat maize cotton paddy others Main system & agri.project land occupation Items Before p After Changed occupation Main canal branch large pumps on-farm road NMain system & agrLproject land occupation changed Items Tota] Collective Farmers' househoulds Wasted Non-arable Main canal branch__ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ large _ _ pumps on-farm road Partial irrigation on-farm works occupation Items Before p After Changed occupation lateral sub-lateral large mediumw small _ Patial irriagation on-farm works changed occupation Items Total Collective Farmers' househoulds Wasted Non-arable lateral sub-lateral large . medium small. Dry land reha.on-farm works occupation Items Before p After Changed occupation lateral sub-lateral large medium small _ Dry land reha.on-farm works changed occupation Items Total Collective Farmers' househoulds Wasted Non-arable lateral sub-lateral Targe l l medium small _ _ . 97