volume 6 - department of environment and natural...

TA No. 7258-PHI: Agusan River Basin Integrated Water Resources Management Project – FR – Vol. 6

FINAL REPORT

Pöyry IDP Consult, Inc.

In association with

Nippon Koei, U.K. Schema Konsult, Inc.

Asian Development Bank

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ADB TA 7258 - PHI Agusan River Basin Integrated Water Resources Management Project VOLUME 6 SUPPORTING REPORTS: SAFEGUARDS

JANUARY 2011

Department of Environment and Natural Resources


This report consists of 8 volumes:

Volume 1 Main Report

Volume 2 Report and Recommendation of the President, and Project Administration Manual

Volume 3 Supporting Reports: Watershed Rehabilitation, Biodiversity Conservation, and Related Social and Indigenous Peoples Development

Volume 4 Supporting Reports: Infrastructure Development

Volume 5 Supporting Reports: Institutional Development, Capacity Building, Financial Management Assessment, and Financial and Economic Analyses

Volume 6 Supporting Reports: Safeguards

Volume 7 Supporting Reports: Field Surveys (CD softcopy only)

Volume 8 Supporting Reports: Stakeholder Consultations (CD softcopy only)

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AGUSAN RIVER BASIN INTEGRATED WATER RESOURCES MANAGEMENT PROJECT PPTA

TA NO. 7258-PHI

FINAL REPORT

VOLUME 6: SUPPORTING REPORTS - SAFEGUARDS

List of Contents

Page Glossary and Abbreviations ii Location Maps vii 1. Gender Analysis and Action Plan

2. Social Safeguards

3. Initial Environmental Evaluation of Agusan Marsh Subproject

4. Initial Environmental Examination of Butuan City Drainage Phase 1 Subproject

5. Initial Environmental Examination of the Nabunturan Water Supply System

6. Environmental Assessment and Review Framework

7. Involuntary Resettlement Assessment and Measures

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GLOSSARY AND ABBREVIATIONS

AD ancestral domain A&D alienable and disposable (land) ADD average daily demand (water supply) ADB Asian Development Bank ADSDPP Ancestral Domain Sustainable Development Protection Plan AIFC average incremental financial cost amsl above mean sea level AMWS Agusan Marsh Wildlife Sanctuary ANR assisted natural regeneration AP affected person APIS annual poverty indicator survey ARB Agusan River Basin barangay village/ neighborhood administrative unit BDC barangay development council BDP barangay development plan BLGU barangay local government unit BNA basic needs approach BOD biological oxygen demand BOT build-operate-transfer BRS Bureau of Research and Standards (of DRWH) BWSA Barangay Water and Sanitation Association CADC certificate of ancestral domain claim CADT certificate of ancestral domain title CBD central business district CBFM community-based forestry management CBFMA community-based forestry management agreement CBMS community-based monitoring system CBO community-based organization CDA Cooperatives Development Authority CDO community development officer CENRO community environmental and natural resources officer CEPA community education and public awareness CIP carbon-in-pulp processing, community irrigation project CLGU city local government unit CLUP comprehensive land use plan CO community organizing COA Commission On Audit COD chemical oxygen demand CPC certificate of public convenience CY calendar year DA Department of Agriculture DAO DENR Administrative Order DAR Department of Agrarian Reform DBL design-build-lease DBO design-build-operate DBM Department of Budget and Management DBP Development Bank of The Philippines DCC Disaster Coordinating Council DECS Department of Education, Culture and Sports DED detailed engineering design DENR Department of Environment and Natural Resources DILG Department of Interior and Local Government DOF Department of Finance DOH Department of Health DPWH Department of Public Works and Highways

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DRA demand responsive approach DRM disaster risk management DRRM disaster risk reduction and management DSA delineated service area DSCR debt service coverage ratio DSWD Department of Social Welfare and Development DTI-BOI Department of Trade and Industry – Board of Investment EA executing agency EARF environmental assessment review framework ECC environmental clearance certificate EIA environmental impact assessment EIRR economic internal rate of return EMB environmental management bureau EMP environmental management plan EMS environmental management system ENR environment and natural resources EO executive order EOCC economic opportunity cost of capital FGD focus group discussion FLUP forest land use plan FMAQ financial management assessment questionnaire forex foreign exchange FPIC free prior informed consent FS feasibility study FY fiscal year (1 January – 31 December) GAD gender action development GADCC gender action development coordinating committee GEF Global Environmental Facility GFI government financial institution GIS geographic information system GOCC government owned and controlled corporation GOP Government of the Republic of the Philippines GR (i) government regulation, (ii) general record (in legal cases) HDI Human Development Index HH household HRD human resources development IA implementing agency IBRD International Bank for Reconstruction and Development (World

Bank) ICC Investment Coordination Committee (NEDA) ICG internal cash generation IDAP institutional development action plan IDC interest during construction IDCB institutional development and capacity building IEC information-education-communication IEE initial environmental examination IFMA integrated forest management agreement IP indigenous people/person IPDP indigenous peoples’ development plan IPO indigenous people organization IPRA Indigenous People’s Rights Act IRA internal revenue allotment IRR implementing rules and regulations ISF integrated social forestry (program) IT information technology

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JICA Japan International Cooperation Agency JSF Japan Special Fund KABP knowledge-attitudes-behavior-practices KBA key biodiversity area KFP an adaptation of KAP (knowledge, attitudes and practices) LDCC local development coordinating council LG local government LGC local government code LGU local government unit LIDAP local institutional development action plan LIHH low income household LLI local level institutions LOI letter of intent l/s liters per second lumad refers to non-Islamized indigenous peoples of Mindanao LWUA Local Water Utilities Administration MAO municipal agriculture office (of DA) MDFO Municipal Development Fund Office MDG Millennium Development Goals M&E monitoring and evaluation MENRO municipal environment and natural resources office, part of LGU MFF Multitranche Financing Facility (ADB) MGB Mines and Geosciences Bureau MHO municipal health office minahang bayan communal mining area MIS management information system MLGU municipal local government unit MMT multi-sectoral monitoring team MOA memorandum of agreement MORO municipal agrarian reform office (of DAR) MOU memorandum of understanding MPA methodology for participatory assessments MPDO municipal planning and development office MRF materials recovery facility masl metrers above sea level MSU Mindanao State University MTPDP Medium Term Philippine Development Plan MTPIP Medium-Term Public Investment Program NAMRIA National Mapping and Resources Inventory Authority NAPC National Anti Poverty Commission NCIP National Commission on Indigenous Peoples NEDA National Economic Development Authority NGA national government agency NGO non-government organization NIA National Irrigation Administration NIMBY not-in-my-backyard NLA national line agencies NPC National Power Corporation NPK nitrogrn, phosphorus, potassium (fertilizer) NPV net present value NRW non-revenue water NSCB National Statistical Coordination Board NSO National Statistics Office NSWMC National Solid Waste Management Commission NWRB National Water Resources Board

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OCD Office of Civil Defense (under Department of National Defense) OCR Ordinary Capital Resources (ADB) ODA official development assistance OJT on-the-job training O&M operation and maintenance PA protected area PAGASA Philippine Atmospheric, Geophysical and Astronomical Services

Administration PAGRO provincial agriculturist office PAM project administration manual (ADB) PAMB Protected Area Management Board PASu protected area superindentant PAWB Parks and Wildlife Bureau PD presidential decree PENRO Provincial Environment and Natural Resources Office (of DENR) PENRO-LGU Provincial Environment and Natural Resources Office (of LGU) PET polyethylene terephthalate (type of plastic) PFI private funding institution PHO provincial health office PIR poverty impact ratio PIU project implementation unit PL protected landscape PLGU provincial local government unit PMDC Philippine Mining Development Corporation PMO project management office PMU project management unit PO people organization, purchase order PPDO provincial planning and development office PPMS project performance management system PPTA project preparation technical assistance PSA poverty and social assessment PSP private sector participation PWSSR Philippine Water Supply Sector Roadmap QA quality assurance QC quality control QM quality management RA republic act RBO river basin organization R&D research and devvelopment RDCC regional development coordinating council RED regional executive director (DENR) RG regional government RIAP revenue improvement action plan RIS regional/river irrigation system RO regional office ROC resolution of consent (of affected persons) RRP report and recommendation of the president (ADB) RWSA Rural Waterworks and Sanitation Association SES socioeconomic survey SD social development SLA sub-loan agreement/ subsidiary loan agreement SMR self monitoring report (water quality) SP sangguniang panlalawigan (provincial legislature) SWM solid waste management

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TA technical assistance TESDA Technical Education and Skills Development Authority TLA timber licensing agreement TNA training needs assessment TOR terms of reference TOT training-of-trainers TWG technical working group UDP upland development program UFW unaccounted-for water UNCBD United Nations Convention on Conservation of Biological Diversity UNCCD United Nations Convention to Combat Desertification UNFCCC United Nations Framework Convention on Climate Change UNICEF USAID

United Nations Children Fund United States Agency for International Development

V variation (to contract with ADB) WASCO Water Supply Coordination Office (NAPC) WD water district WHO World Health Organization WMU watershed management unit WPEP Water Supply and Sanitation Performance Enhancement Project WQ water quality WS water supply WSP water service provider WSP-EAP Water and Sanitation Program – East Asia Pacific WSS water supply and sanitation WTP willingness-to-pay

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Location Map

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Map of Agusan River Basin

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1. GENDER ANALYSIS AND ACTION PLAN

Executive Summary 1 Gender Analysis and Action Plan 3 1. Background Issues 3 2. Analysis of Problems and Opportunities 5 3. Mitigation Measures and Gender Mainsreaming Strategies 6 4. Implementation arrangements 8 5. Monitoring and Evaluation 8 6. Gender Action Plan Framework 8 7. Subproject Gender Action PlanContent Outline 9 Table 1: Gender Action Plan Framework for ARBIWRMP 10

EXECUTIVE SUMMARY

1. A gender-responsive project such as the Agusan River basin Integrated Water Resources Management Project (ARBIWRMP) is one that involves an understanding of issues and problems from the perspectives of both men and women in the development process. Mainstreaming gender entails the integration of a gender perspective in national and local plans, policies, and programs for the subproject investments in ARBIWRMP. It is a strategy for bringing a gender perspective in the goals, policies, structures, processes, programs, and identified subprojects and gender and development (GAD) programs that are embedded in national government agencies, local government units and other stakeholders.

2. The participation of stakeholders, specifically women, the LGUs and the community residents themselves, is a key principle of ARBIWRMP. Not only will they be consulted in relation to their needs and concerns in all aspects of the project, but they are expected to be major players—from program development to implementation, and monitoring and evaluation as well. There will be a conscious effort to ensure that inclusive development would be attained and therefore, the project would reach out to all the groups, particularly the poorest of the poor and women.

3. The results of the rapid rural appraisals and socio-economic survey conducted under the PPTA identified three common issues faced by women in the Agusan River Basin (ARB): (i) domestic violence; (ii) drug addiction of children, and economic difficulty due to lack of income by both men and women; (iii) and conflicts among neighborhood households due to long queuing and scarcity of potable water. Households obtain water from a public/common faucet and deep wells. Women are at times ending up in fights due long queuing to get water supply. Other issues and concerns that need to be addressed include: (i) high rate of unemployment among female-headed households; (ii) low level of skills among female heads of households and household members; (iii) low incomes of female-headed households; (iv) poor health and sanitation in the communities resulting in high incidences of sickness among women and their children and household members; (v) poor access to water, resulting in an added burden to women to fetch water, and increased household expenses; and (vi) limited access of women to formal financial institutions and credit facilities for additional income opportunities.

4. Mitigation measures and gender mainstreaming strategies. Specific measures will be taken into account throughout the stages of project preparation and implementation to address the aforementioned issues. In general, these measures fall within the following broad gender mainstreaming strategies: (i) Increasing women’s participation in project

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activities and benefits; (ii) Building-in gender-specific baseline data and indicators into project planning and monitoring systems; (iii) Organizing women into development-focused groups such as cooperatives, savings groups and micro-enterprises; and (iv) Increasing women’s capacities and participation in community decision-making and project management

5. ARBIWRM is designed to result in major social, gender and poverty benefits with multiple impacts. A larger proportion of the beneficiaries will be the poor, women, and children. They will benefit from the provision of water supply; increased opportunities to co- manage ecotourism projects, watershed management, upgrading LGU sanitation facilities, opportunities to participate in income projects, and improved facilities with stakeholders’ participation.

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GENDER ANALYSIS AND ACTION PLAN

1. Background, Issues

1. The PPTA (TA 7258-PHI) is preparing the proposed ARBIWRMP subprojects including the identification of issues concerning women as a main stakeholder in the development and management of the basin’s resources, as well as advancing women’s participation in the planning and implementation of the basin’s project investment.

2. The proposed Agusan River Basin Integrated Water Resources Management Project (ARBIWRMP) is consistent with the overall policy of the Government of Philippines on economic development and poverty reduction as committed in the Medium Term Development Plan (MTDP) and the Philippine Strategy for Sustainable Development under the Philippine Agenda 21. The MTDP put forward the adoption of integrated water resources management (IWRM) approaches using ecosystem and watershed considerations to optimize economic and social welfare—but without compromising the sustainability of vital ecosystems—which is also consistent with DENR’s mandate on environmental protection and conservation of natural resources, and supports the objectives of the decentralization of natural resources management and devolution of responsibilities to local government units (LGU) and communities.

3. The participation of stakeholders, specifically women, the LGUs and the community residents themselves, is a key principle of ARBIWRMP. Not only will they be consulted in relation to their needs and concerns in all aspects of the project, but they are expected to be major players from program development to implementation, and monitoring and evaluation as well. There will be a conscious effort to ensure that inclusive development would be attained, and, therefore, the project would reach out to all the groups, particularly the poorest of the poor and women.

4. Women may tend to look at issues that deal with them, their households and their communities differently from men, and therefore might have other ideas and ways of coping with them. Thus, any development endeavor must ensure that the needs and concerns of women, especially the poor women and female-headed households, are aptly considered. A gender-responsive project such ARBIWRMP is one that involves an understanding of issues and problems from the perspectives of both men and women in the development process.

5. The role of women in Philippine development has already been recognized nationally as evidenced by national policies and programs that aim to mainstream and address gender issues and concerns. In the 1987 Philippine Constitution (Article II, Section 14), it is clearly stated that the State “recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.” Meanwhile, the Women in Development and Nation-Building Act or Republic Act 7192 enacted in 1992 were a direction in putting the said constitutional provision a step farther. The law mandates government agencies and its instrumentalities to take concrete steps in pushing further the participation of women in national development and their integration therein.1

6. Gender and development (GAD) is “a development approach that focuses on the social, economic, political, and cultural forces that determine how differently women and men participate in, benefit from, and control resources and activities.” Aside from recognizing the inequalities in relations between women and men, GAD recognizes their different roles, interests, and needs. GAD deliberately looks at the gender relations that generate differences in the way women and men are given access to benefits and how they

1 1987 Philippine Constitution and Republic Act NO. 7192, “An Act Promoting the Integration of Women as Full

and Equal Partners of Men in Development and Nation Building and for other Purposes.”

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participate, and thus address these inequalities through gender mainstreaming.2

7. Mainstreaming gender entails the integration of gender perspective in national and local plans, policies, and programs for the subproject investment in ARBIWRMP. It is a strategy for bringing gender perspective in the goals, policies, structures, processes, programs, and projects in the ARB’ national government agencies, local government units, and other stakeholder entities. Thus, all government instrumentalities are required to come up with a three-year GAD plan, which is intended to cover both client-focused and organization-focused program, activities and projects that addresses specific gender issues.

8. LGUs are tasked to formulate their respective GAD plans within the context of their local development plans in the context of the overall national policies. This is re-emphasized in Joint Circular No. 2001-01 issued by the Department of Interior and Local Government (DILG), the Department of Budget and Management (DBM), and the National Commission on Women (formerly the NCRFW) on 19 December 2001. The said circular provided the Guidelines for Integrating Gender and Development (GAD) in the Local Planning and Budgeting System through the Formulation of GAD plans. The plan spells out specific services that should be implemented for women in complementation to the services stipulated in the Local Government Code of 1991, particularly those set out in Sections 16 and 17 that directly aims for the promotion of general welfare and provision of basic services and facilities to constituents.3

9. Moreover, the local GAD plans should detail specific activities and projects aimed at addressing gender issues at the local level. In terms of funding, both National and the LGUs shall set aside from their annual budget a minimum of 5 percent of their appropriations to finance the programs and activities set forth in their GAD plans. Since 1995, a GAD budget provision has been incorporated in the annual General Appropriations Act. As it is imperative that the plans should reflect local needs and priorities, the LGUs need to partner with the communities under their jurisdictions to ventilate specific gender concerns.

10. The status and welfare of Filipino women has tremendously improved over the years. Filipino women’s contribution to the economy has also become more evident; however, the non-inclusion of housekeeping as an economic activity for women is one reason for their lower level of economic activity rate as compared to Filipino men. Meanwhile, women have also taken a more active role in politics with more of them running for public office, getting more involved in handling the reins of the bureaucracy and in advocating for the various causes of non-governmental organizations.4

11. Despite these tremendous improvements, however, Filipino women still confront many challenges, ironically in areas where there have also been some levels of improvements but more especially in maternal health, nutrition, labor force participation, and gender-stereo typing of fields of study. While literacy levels among women have improved, the fields they pursue remain to be in the traditional areas of teaching and care giving. While health services and sanitation have improved, women continue to be plagued by health problems related to pregnancy. In employment, the trend is still for women to be relegated in low-paying jobs while their supportive roles in the home has been carried over to the labor market where they are given support responsibilities and limited access to leadership 2 Ibid and “Gender Mainstreaming and Institutionalization in the Budgeting Process: A Primer of the Department

of Budget and Management.” 3 “Guidelines for Integrating Gender and Development (GAD) in the Local Planning and Budgeting System

through the Formulation of GAD Plans,” Department of Interior and Local Government, Department of Budget and Management and National Commission on the Role of Filipino Women Joint Circular No. 2001-01, 19 December 2001.

4 Figures and trends taken from the Human Development Report 2002 published by the United Nations Development Programme (UNDP) and the Philippine Human Development Reports 1997 and 2002 published by the Human Development Network and the UNDP.

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positions in both the public and private sectors. Some provinces are better off than others when it comes to addressing gender issues. Those that fare better in human development appear to likewise perform better in gender development such as the provinces in Rizal, Ilocos Norte, Cavite, Bataan, and Laguna. Meanwhile, those in the bottom of index are mostly provinces in Mindanao that are also dominated by the Moslem population and traditional practices of ingenious peoples, suggesting that religion and culture play an influence on the recognition on the role of women and how they are treated in some areas.5

12. Indigenous peoples in the ARB were traditionally polygamous. While this is not common now, it is still an accepted practice. Women in this culture have difficulty balancing between stereo-typed roles of being subservient to their spouses and asserting their participation in the affairs of the household, particularly increasing their income for the family’s need.

2. Analysis of Problems and Opportunities

13. The results of rapid appraisals and socio-economic survey conducted under the PPTA identified three common issues faced by women in the ARB: (i) domestic violence; (ii) drug addiction of children, and economic difficulty due to lack of income; and (iii) conflicts among households due the scarcity of potable water. Households obtain water from a public/common faucet and deep wells. Women are at times ending up in fights due to the long queuing to get water supply.

14. In Compostela Valley, for example, violence against women (VAW) has an incidence rate of 10–20%. Thus, the LGU set up a crisis center for women victims of domestic violence in the Municipality of Nabunturan. Key problems expressed by women and gender practitioners in the area are that families have too many children to feed and send to school. Thus, women are burdened to seek additional livelihood sources and skills training to access to better income sources, mostly community-based. Jobless women in mining barangay in New Bataan find work in minefields gathering ore for transport to processing plants. There are many out-of-school youths, many of whom join their families in small-scale mining. These odd jobs for women and youths are somehow helping them meet both ends; on the other hand, small-scale mining activities is articulated by women groups to have brought additional burdens by common social problems such as drug use, gambling and prostitution among their children and household members.

15. In the Agusan Marsh early marriage is a reality. Girls who do not move on to school outside of the floating villages, marry by age 13 and may have two children by age 16. There are more men than women in indigenous communities. The number of children born from young couples is decreasing though, but there are couples that still have as many as eight (8) or more children. Indigenous peoples have been observed to be open to contraception. The problem is that many cannot afford the means for contraception. Access for women to avail of reproductive choices remains nil in their communities.

16. Women tend to find work outside of the ARB area. The population ratio tends to favor men in both Agusan del Sur and Agusan del Norte as well as Compostela Valley. Young women tend to venture out of their villages to find work. Destinations are likely to be Davao or Manila for Compostela, and for Butuan or Manila for the Agusan Marsh. On the other hand, there are high percentages (30%) of women-headed households identified in Nabunturan. In all other institutions, common activities are women organizing leadership and livelihood skills training. In Compostela Valley, reproductive rights and responsible parenthood also involves men for gender sensitization by the LGU Speakers Bureau. Barangay have less training on gender mainstreaming, so it is common to see that gender 5 Ibid.

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allocations, where these exist, are allocated for other development priorities. Some local government units are ahead in gender mainstreaming. Nabunturan in Compostela Valley set a budget commitment for five years for two social workers hired to implement GAD. A Council of Women is organized in all provinces of the ARB, including in each of the municipalities. These are headed by the governor’s wife at the provincial level and the mayor’s wife at the municipal level.

17. Local initiatives and experiences as in the case of the Provincial Environmental Offices (PENRO) in Compostela Valley appropriating GAD budget of P60, 000 for 2010. Though not in full implementation of the law of 5% of their annual budget, the GAD plan have contributed to the raising awareness of women on their property land rights. Additionally, the budget has been providing technical skills training among women in venturing on alternative livelihood on upland non-timber forest products. The budget afforded the office to undertake organizing women in promoting agroforestry and combating illegal logging and wildlife poaching. Many of its programs and activities are done in coordination with other agencies. The PENRO’s gender focal person is active as a member of a LGU Speakers’ Bureau on gender mainstreaming.

18. It is this context that gender mainstreaming will be carried out by the implementing institutions that will manage ARBIWRMP. Some of these strategies include the formation and or introduction of mechanisms to address gender such as: (i) high rate of unemployment among female-headed households; (ii) low level of skills among female heads of households and household members; (iii) low incomes of female-headed households; (iv) poor health and sanitation in the communities resulting in high incidence of sickness among women and their children and household members; (v) poor access to water resulting in added burden to women to fetch water, and increased household expenses; and (vi) limited access of women to formal financial institutions and credit facilities for additional income opportunities.

19. In recognition of these issues, opportunities to mainstream an Effective Gender Mainstreaming Strategy (EGMS) will be prepared by the DENR and the local governments during detailed designing stage of the project. This will include the preparation of Gender Action Plans (GAP) for each subproject site. These will specifically seek to (i) address gender issues for the improvement of water supply, participation of women watershed management, biodiversity conservation in Agusan Marsh and, participation in other infrastructure projects in the ARB, (ii) prepare and identify mechanisms to be included in the project design to ensure women will be involved in, and benefit from, the project, and (iii) discuss gender sensitive monitoring and evaluation.

3. Mitigation Measures and Gender Mainstreaming Strategies

20. Specific measures will be taken into account throughout the different stages of project preparation and implementation to address the aforementioned issues. In general, these measures fall within the following broad gender mainstreaming strategies: (i) Increasing women’s participation in project activities and benefits; (ii) Building-in gender-specific baseline data and indicators into project planning and monitoring systems; (iii) Organizing women into development-focused groups such as cooperatives, savings groups and micro-enterprises; and (iv) Increasing women’s capacities and participation in community decision-making and project management.

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21. Component 1: Increasing women’s participation in project activities and benefits:

Women-led river basin resource management Community development plans and women-led resources management will be designed to engage particularly women household heads. Women generally do a substantial amount of child care and social interactions with neighbors, and will invest considerable time to educate community households on community watershed protection, preservation and protection of resources in the Agusan Marsh and identification of livelihood components as an alternative to existing practices of timber poaching, illegal hunting of wildlife. The project design will enable the community to participate in the designing more sustainable community-based and women-led watershed management. The availability and proper location of adequate facilities for community education on the conservation and protection with interventions on livelihood components will be given attention inasmuch as these represent an important concern among women. The design of tenure instruments and contracts will give equal rights to male and female heads of households and to both spouses to ensure that women are accorded equal decision-making rights, as well as asset ownership rights in ancestral land, farm lands and other resource based rights

Community-based livelihood interventions It will focus on skills enhancement specifically for women, the development of community enterprises that can be managed or operated by women and job referrals to occupations preferred by and employing women. Home-based income-generating activities will be especially promoted and developed to enable women with child-rearing responsibilities to earn additional income while staying at home. Special efforts will be made to form cooperatives managed by women, and engaged in enterprises that supply goods and services to the community such as food preparation, ethnic jewelry arts and crafts and novelty items from indigenous materials. Training on product designing, packaging and basic entrepreneurial skills will be provided.

22. Component 2: Building-in gender-specific baseline data and indicators into project planning and monitoring systems. Based on the results of the socio-economic survey, generated gender-disaggregated data on employment, income, education, skills, savings, health status, access to basic services and financial institutions, social networks, and indigenous women’s preferences for participation in specific subprojects will be prepared. The data will also serve as the baseline of gender-specific indicators for each subproject components.

23. Component 3: Organizing women into development-focused groups such as cooperatives, savings groups and micro-enterprises. Microfinance programs will be aimed specifically at women. NGOs and microfinance institutions (MFIs) will be tapped to organize savings groups among women, not only for the purpose of accessing loans from available micro-credit financial institutions but also for meeting personal emergency needs. These savings groups can function as mutual aid associations that can extend emergency assistance for hospitalization, burial, house repair in case of fire or typhoons, and other contingencies.

24. Component 4: Increasing women’s capacities and participation in community decision-making and project management. Capability-building measures will be taken to ensure women participation not only in the livelihood programs but also in entrepreneurial leadership and project monitoring. Training in leadership for women organization watershed management and maintenance work, and value formation on cooperatives, leadership skills, financial management, project management, monitoring and evaluation are among the menu

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of capacitating women groups in the ARB.

4. Implementation Arrangements

25. A social and gender specialist or gender focal point will be designated by the EA and project implementer or LGU to coordinate and monitor the conduct of the interventions and ensure that the GAD issues are systematically attended to. The specialist will assist in the formulation of gender-specific indicators for the gender baseline as well as for monitoring purposes. He/she will oversee the capability building programs and activities to ensure the maximum participation of women. He/she will also assist in the training of women on project monitoring and oversee the actual conduct of monitoring and evaluation on gender issues.

5. Monitoring and Evaluation

26. Women will be specifically encouraged to take an active role in monitoring gender-specific indicators of project-related outcomes through their community associations which will be mobilized to cooperate in addressing gender-responsive projects within the ARB, and livelihood and entrepreneurial leadership. The gender-specific indicators of project outcomes that have been formulated during the preparatory phase will be used in monitoring and evaluating the project. The women tasked to monitor will be trained in the use and measurement of these indicators. The results of periodic monitoring and evaluation will be shared with community members through the community groups, indigenous women groups and associations.

27. For the gender perspective, the choice of action will be articulated in the gender roles and responsibilities of women and men in the ARB subprojects, including gender division of labor in the planning and implementation, and monitoring and evaluation, of the sub-project components, and access factors and participation in the Integrated Water Management related concerns stipulated in the Gender Action Plan Framework

6. Gender Action Plan Framework

28. The Project is designed to result in major social, gender and poverty benefits with multiple impacts. A larger proportion of the beneficiaries will be the poor, women, and children. They will benefit from the provision of water supply, increaseD opportunities to co- manage ecotourism projects, water management upgrading LGU income projects and facilities to monitor the Agusan River’s enhancement water management service delivery through multi stake holders participation. Oversight arrangements, capacity development, provincial plans, eligibility criteria, and targeted funding for assisting women groups for small and medium income generating projects will help to ensure that suitable subprojects in the river basin are selected that yield maximum benefit for these vulnerable groups. The project also supports and provides improved access to credit and opportunities for improved earnings for small-scale nature tourism entrepreneurs in the proposed Agusan Marsh conservation effort and with the end view of generating a better income stream for women.

29. For the gender perspective, the choice of action will be articulated in the gender roles and responsibilities of women and men in the ARB subprojects, including gender division of labor in the planning and implementation and monitoring and evaluation of the sub-project components, access factors and participation in the Integrated Water Management related concerns stipulated in the Gender Action Plan Framework as shown in Table 1.

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7. Subproject Gender Action Plan Content Outline

1. Introduction 2. The Subproject Description Geographic Description Socio-economic profile 3. Gender Analysis Key Problems and Opportunities Project Impact on Women 4. Action Plan Features and Approaches 5. Financial Plan and funds Flow 6. Implementation Schedule 7. Monitoring and Evaluation

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Table 1: GENDER ACTION PLAN FRAMEWORK FOR ARBIWRMP GAP Component Gender Issues Mitigating Measures Indicator

Detailed Project Preparation

Component 1: Increasing women’s participation in project activities and benefits

Component 2: Building-in gender-specific baseline data and indicators into project planning and monitoring systems

Lack of participation of women

Identify gender-specific issues and needs to be taken into account in the design of housing and livelihood interventions

Involve women in identifying these needs and issues

Develop gender-specific indicators for women participation and empowerment to be used for project monitoring and evaluation

Gender indicators incorporated in the survey instrument

Number of focus group discussions (FGDs) held

Number of women and women heads of household who participated in FGDs

Set of gender-specific indicators incorporated in project monitoring and evaluation tool

Number of community women volunteers willing to serve as project monitors

Project Design and Implementation

Component 3: Organizing women into development-focused groups such as cooperatives, savings groups and micro-enterprises

a. Women led Watershed Management

Lack of opportunities to participate in development projects in watershed protection and conservation

Poor health and sanitation

Poor water supply provision

Increased household expenses for water

Ensure that community development plans for water management and ecotourism and conservation objectives take into account women’s needs for safety, income, mobility and child care

Ensure women’s access to project benefits

Ensure that tenure instruments and contracts give women equal decision-making and asset-ownership rights

IEC materials distributed

Number of women participating in community action planning

b. Microfinance for Enterprise Development and Other Livelihood Interventions

High rate of unemployment among women

Limited access to formal financial and credit facilities

Low income

Low level of skills

Ensure women’s access to project services and benefits

Increase the income-earning capacity of women beneficiaries, especially women household heads

Form collective enterprises and self-help groups managed by women

IEC materials

Number of trainings conducted

Number of participants in trainings

Number of enterprises, cooperatives, savings groups, mutual aid groups formed by women

Number of women members of these groups

Number of microfinance loans extended by MFIs

Number of job referrals and successful women job

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GAP Component Gender Issues Mitigating Measures Indicator

seekers who sought referrals

c. Institutional Strengthening and Capacity Development

Component 4: Increasing women’s capacities and participation in community decision-making and project management

Low level of knowledge and skills in participating in key decision making process in project design, implementation

Develop the capacities of women in project and community management and project designing, implementation and monitoring

Ensure women participation in water management subproject, watershed community management and conservation efforts , livelihood programs and project monitoring

Mainstream gender perspective in all project phases and components

Ensure that GAD issues are systematically attended to according to the Gender Action Plan

Number of trainings conducted

Training manuals

Number of participants in trainings

Number of women’s groups and committees formed

Presence of Gender Specialist or Gender Focal Point in the project implementation teams of DENR and with the LGUs

Monitoring and Evaluation

Women will be specifically encouraged to take an active role in monitoring gender-specific indicators of project-related outcomes through their community associations which will be mobilized to cooperate in addressing gender- responsive projects within the ARB including livelihood and entrepreneurial leadership.

Lack of opportunities to join in project planning, implementation and monitoring of projects in the ARB

Involve women in project monitoring and evaluation

Assess the project’s impact on the welfare of women through the use of gender-specific indicators

Monitoring and Evaluation tools

Number of monitoring workshops

Number of monitoring and evaluation reports


2. SOCIAL SAFEGUARDS

Contents 2. SOCIAL SAFEGUARDS ............................................................................................ 1

2.1 Indigenous Peoples Planning Framework .......................................................... 1

2.1.1 Introduction ................................................................................................. 1 2.1.2 Objectives and Policy Framework ............................................................... 1 2.1.3 Identification of Affected Indigenous Peoples .............................................. 2 2.1.4 Key Positive and Negative Project Impacts ................................................. 4 2.1.5 Indigenous Peoples Plan Preparation ......................................................... 6 2.1.6 Consultation and Participation .................................................................... 8 2.1.7 Disclosure ................................................................................................... 8 2.1.8 Grievance Redress Mechanism .................................................................. 9 2.1.9 Institutional Framework ............................................................................... 9 2.1.10 Monitoring and Reporting Arrangements .................................................. 10 2.1.11 Budget and Financing ............................................................................... 10

2.2 Indigenous Peoples Plan: Upper Agusan Watershed Management Subproject .......................................................................................................... 19

2.2.1 Executive Summary .................................................................................. 19 2.2.2 Description of the Project .......................................................................... 20 2.2.3 Social Impact Assessment ........................................................................ 21 2.2.4 Summary of Potential Social Impacts........................................................ 27 2.2.5 Beneficial Measures ................................................................................. 30 2.2.6 Mitigative Measures .................................................................................. 30 2.2.7 Information Disclosure, Consultation and Participation ............................. 31 2.2.8 Capacity Building ...................................................................................... 34 2.2.9 Grievance Redress Mechanism ................................................................ 35 2.2.10 Institutional Arrangement .......................................................................... 35 2.2.11 Monitoring, Reporting an Evaluation ......................................................... 36 2.2.12 Budget and Financing ............................................................................... 37

2.3 Water Supply ...................................................................................................... 41 2.3.1 Affordability ............................................................................................... 41 2.3.2 Consultation and Participation .................................................................. 41 2.3.3 Gender ..................................................................................................... 42 2.3.4 Loss of Water Sources ............................................................................. 42 2.3.5 Resettlement ............................................................................................ 42

Tables 2.1 Indigenous People in the Agusan River Basin Subprojects and their Level of Marginalization 3 2.2 Indigenous Peoples of Upper Subwatershed, Watershed Management 22 2.3 Anticipated Impacts and Mitigating Strategies 28

Annexes 2.1 Indigenous Peoples Impact Screening Checklist 11 2.1.A Anticipated Impacts on Indigenous Peoples and Mitigating Strategies 14 2.2 Outline of Indigenous Peoples Plan 17 2.3 Summary of Stakeholder Consultations with Indigenous Peoples Participation for Upper Agusan River Sub-watershed 39

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2. SOCIAL SAFEGUARDS

2.1 INDIGENOUS PEOPLES PLANNING FRAMEWORK

2.1.1 Introduction

1. ADB recognizes the rights of Indigenous Peoples (IP) to development and aims to achieve the greatest possible reduction of poverty among them. In practice, however, Indigenous Peoples may not automatically benefit from development. Thus, this is a prescribed safeguard instrument of the ADB to ensure that indigenous peoples meet their specific needs and aspirations through the proposed project.

2. PPTA (TA 7258-PHI) on the Agusan River Basin Integrated Water Resources Management Project (ARBIWRMP) aims to reduce poverty through integrated natural resource management of the river basin. It is developing plans to strengthen the institutional basis for coordinated development and management of the basin’s resources and advance the management capacities of the relevant institutions. A key component of the investment project is watershed rehabilitation, biodiversity conservation and indigenous peoples development. The component will focus on investments to improve the well-being of resource-dependent communities and IPs through the provision of income/livelihood opportunities and enhancing the groups’ capacity to develop and manage their ancestral domains.

3. An infrastructure development output includes investments to improve the municipal water systems in 17 municipalities that are located in the upper and middle portions of the basin as well as improve the drainage system in Butuan City. All proposed interventions require significant strengthening and capacity building of existing institutions/implementing agencies.

4. Within this context, this Indigenous Peoples Framework (IPF) is a guide in preparing Indigenous Peoples Plans (IPP) to promote development of IPs in subprojects. This will be used when designing projects such as for major infrastructure projects like the Mabatas Mine Tailings Dam or additional water supply projects which were not appraised during the PPTA. Due to the large scope and the long-term program duration with future subproject identification in succeeding tranches, the IP Framework is prepared to guide further planning and project implementation where significant impacts on IPs are identified.

2.1.2 Objectives and Policy Framework

5. The requirements for Indigenous Peoples safeguards apply to all projects that may be funded by ADB. The Policy on Indigenous Peoples is triggered if a project impacts directly or indirectly the human rights, livelihood systems or natural or cultural resources of Indigenous Peoples.

6. Indigenous peoples are accorded protection based on ADB’s Policy on Indigenous Peoples (1998) and its 2009 Safeguard Statement. These are consistent with the principles in the country’s Indigenous People’s Rights Act of 1997 (IPRA) protecting indigenous peoples rights.

7. Both ADB and the IPRA (Indigenous Peoples Rights Act) recognize the right of Free, Prior and Informed Consent (FPIC) of indigenous peoples for all activities affecting their lands—including the entry of development projects.

8. The IP Framework also embodies the IP mandate on ancestral domain governance

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and resource management as recognized in other laws such as the National Integrated Protected Areas System (NIPAS) Act of 1992 and the Department of Environment and Natural Resources Executive Order 263 on Community-Based Forest Management.

2.1.3 Identification of Affected Indigenous Peoples

9. In the application of this IP Framework, indigenous peoples are defined by ADB as referring to a distinct, vulnerable, social and cultural group possessing, in varying degrees, the following characteristics:

(i) self-identification as members of a distinct indigenous cultural group; (ii) collective attachment to ancestral territories and to the natural resources in

these habitats and territories; and, (iii) distinct language and customary cultural, economic, social, or political

institutions that are separate from those of the dominant society. 10. Screening was done for ARBIWRMP to identify where IPs are and how the subprojects may affect them. ADB’s IPs Impact Screening Checklist was used as seen in Annex 2.1 with a list of identified potential impacts, both negative and positive, for each subproject. Proposed enhancement and mitigating measures are also noted in the preparation of appropriate measures during the detailed design phase.

11. In the context of the project and this framework, the summary table (Table 2.1) distinguishes vulnerable IPs from the others and where action is needed or may not be needed. For the purposes of this analysis, IPs are identified based on the above definition and classified under different categories based on socio-economic variables that include literacy, housing, occupation, area of residence and population size. Table 1 indicates the condition of all tribes in the target municipalities vis-à-vis subprojects.

12. Advantaged IPs have economic clout and/or are integrated into the local economy or the power structures in the area. No special assessments or measures are required for this category.

13. Disadvantaged IPs may be disadvantaged due to lack of representation in decision making and benefit sharing. Some may have raised their economic standing through education or participation in economic activities like small-scale mining but may be disadvantage within the context of the dominant migrant society. The project will address barriers to participation through a Consultation and Participation Plan.

14. Marginalized and highly marginalized IPs have literacy and other socioeconomic indicators that are lower than for other people and IPs in their community. They depend on forests and natural resources for their livelihood and on available farm and off-farm labor. Their economy may be based on subsistence farming and hunting and gathering. Highly marginalized have similar characteristics but live far from town and lack access to services. They may be numerically smaller and may be less integrated with the larger society through education and other services. The subproject selection criteria screens subprojects in areas with highly marginalized IPs. Participation barriers will also be addressed though a Community and Participation plan.

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Table 2.1: Indigenous People in the Agusan River Basin Subprojects and their Level of Marginalization

Subproject Vulnerable Highly Marginalized

Marginalized Disadvantaged Advantaged

Compostela Watershed Management

From all tribes - IP upland farmers and those dependent on timber cutting/small scale mining

Tagakaolo in Laak Tagakaolo in Mabini

Kalagan in Laak, Mabini Maco and Pantukan

Majority IP populations indicated below: Dibabawon in Laak Mandaya in Compostela Mansaka – largest group throughout ComVal municipalities Dibabawon, Manguangan in Montevista 4 tribes in Monkayo – Dibabawon, Manguangan, Mansaka and Mandaya

Agusan Marsh Biodiversity Conservation

Manobo hunters, farmers and fishermen in protected zone

Manobos in floating houses also lack social services and facilities

Manobos in protected area buffer zone in all municipalities

Water Tanks/ Sanitation Solid Waste Management Agusan Marsh

Manobos in floating houses are vulnerable to water-borne disease houses

Manobos in protected area buffer zone

Water Supply -Nabunturan/ Montevista -Esperanza -Prosperidad

Women-headed households 27 – 35% Willing but unable to afford connection

Atis in Montevista – are outside of service area

Prosperidad -Manobo/Kamayo Higaonon, Banwaon, Manobo settlements in Esperanza are outside of service area

IPs in urbanizing barangays in water service areas are not in distinct settlements; sector of poor population similar to poor of other ethnic groups

Butuan Drainage

Poor living along critical areas which may require relocation

Urban IP population is acculturated; no distinct IP settlements along the drainage system

Mine Tailings Dam

4 tribes in Monkayo – Dibabawon, Manguangan, Mansaka and Mandaya due to proposed mine tailing dam in Mabatas

Source: PPTA Consultant.

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15. Vulnerable groups are those who are already so marginalized that without support they may not even get themselves to benefit from the development project. The project identifies them to ensure that their needs are also prioritized during project planning and implementation. Moreover, the project also identifies potential negative impacts of any of its proposed activities on the people. It finds ways to enhance positive impacts especially on vulnerable groups. They may also belong to any of the major or marginalized groups but which may be negatively affected by actions under the project. Vulnerability indicates potential vulnerability to project action. These groups will also be screened and the Free Prior Inform Consent Process for the subproject is triggered.

2.1.4 Key Positive and Negative Project Impacts

16. Inclusion of IPs in the subprojects is expected to be highest around the Agusan Marsh (biodiversity conservation, water and sanitation, solid waste management) and in the watershed management subcomponent in Compostela Valley, where subprojects target uplands and the critical Agusan Marsh with about 45% IP population living in ancestral lands.

17. The Project aims to provide long-term opportunities for sustainable development for Indigenous Peoples and other local communities in a manner that recognizes ancestral domain structures and indigenous systems. IPs will benefit directly and indirectly from project interventions—the latter through components such as capacity building and institutional strengthening for river basin management.

18. However, a number of risks are relevant for the type of projects supported by ARIWRMP which spans a wide-range of policy and infrastructure development interventions as well as natural resources management strategies which may affect indigenous peoples.

19. Indigenous peoples are not expected to be adversely affected under certain subprojects, particularly water supply, solid waste management and for the Butuan Drainage improvement, since these are in urban or urbanizing areas—whereas concentrations of IP populations are in rural areas. Indigenous peoples in Butuan City do not live in a distinct settlement and are acculturated. Screening shows that impacts on IPs, whether positive or negative, are generally not different from those with the same socio-economic status. There is no land acquisition for water supply facilities. There may be relocation of those living in critical waterways under the Butuan Drainage Improvement. Vulnerable groups are the poor who are prone to flooding and have established settlements in the marsh and in other high risk areas by the sea.

20. The watershed and biodiversity conservation subprojects aim to enhance access to marsh/forest protection, improve food security, incomes and livelihoods, as well as capacity for management of ancestral domains by IPs. The biodiversity hotspots in Compostela Valley and Agusan Marsh where ARBIWRMP will invest are in ancestral lands. These will benefit marsh/upland dwellers in rehabilitation areas but may result in temporary economic dislocation for IP swiddeners and those who cut timber for sale or who otherwise depend on forest-based livelihoods.

21. This is similar for Agusan Marsh. Specific groups of Manobo fishermen/farmers/hunters in floating villages and buffer zones of the protected area in the Agusan Marsh may be curtailed in their use of certain zones for fishing, hunting and land conversion but where livelihood opportunities and fishing zones and other economic zones will be designated with recognition of IP structures and practices. Ecotourism to promote alternative livelihood and conservation may affect certain sacred areas, which underscores the role of indigenous knowledge in biodiversity conservation.

22. In the Agusan Marsh, the most vulnerable population is the Manobo that live in

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floating houses due to the annual flooding of the Marsh. These houses have 100% Manobo population. They earn their livelihood through fishing in the rivers and lakes. Indices for access to health, education, water and sanitation services are lower than for those who live in buffer zone communities of the Agusan Marsh. They are key beneficiaries of ecotourism, livelihood development and capacity building support. They were specifically targeted for provision of water tanks and for sanitation improvement.

23. The proposed Mabatas mine tailings dam in Monkayo is in the ancestral domain of the Four Tribes composed of the Dibabawon, Manguangan, Mansaka and Mandaya. The dam benefits all, including IPs, by abating pollution and siltation. No land acquisition is needed since the area has already been designated for this purpose and acquired consent from the indigenous peoples through FPIC by Philippine Mining and Development Corporation. However, in this connection, an entire mining community in Diwalwal (population 16,000), which now sits in a hazardous zone atop an over-mined area may be relocated. Other social and environmental impacts have yet to be determined as plans are prepared that may indicate the need for relocation and land acquisition. If this happens in subsequent tranches, it will be pertinent to look into the potential impact on any IPs that may be relocated and those that are in host relocation sites.

24. Some risks relevant to the type of subprojects under the ARBIWRMP that were assessed are noted:

1. Loss of access to common resources. IP-specific impacts pertain to traditional rights to land, water and forest resources and their uses resulting in potential loss of livelihood in reforestation and conservation areas in both the Compostela Watershed and the Agusan Biodiversity site. Other actions supported by the project relate to policy development such as forest land use planning and small-scale mining reform where appropriate plans will involve ancestral domain structures in decision making and in the search for appropriate alternatives that recognize Indigenous Knowledge Systems and Practices. Appropriate beliefs and practices (e.g. sacred ground and the role of Balyan spiritual leader) are reinforced.

2. Benefit Gap. The Agusan River Basin has a heterogeneous population. There is dominance of non-IP migrants in the economic and political spheres in all subprojects. In many sites, IPs are poorer, less educated and live in marginalized areas where there is less access to services and opportunities. IPs may benefit less from any development intervention than the economically and politically dominant migrant ethnic groups. There are also minority indigenous groups in each town that may not be adequately represented if IPs are seen as homogeneous. This may be true for the Tagakaolos and Kalagans in Compostela watershed. There are also vulnerable groups such as the very poor that for one reason or another could not access project benefits—e.g. those who could not afford water connection, or women-headed households, etc. The differential between women’s roles in domestic and economic life vis-a-vis participation opportunities in the project is recognized. Some of these are dealt with through targeting and IP-focused interventions and are addressed in the Gender, Resettlement Framework and Communication and Participation Plans.

3. Dependency on External Support. Interventions supporting livelihoods and structures may lead to dependency on continued support—or be environmentally or culturally unsustainable. This may also apply to lack of affordability in the maintenance of facilities. Alternatives shall be developed with due consideration to indigenous knowledge and institutional arrangements. For sustainability, plans and processes for project implementation shall be harmonized with ADSDPPs and ancestral domain management structures.

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4. Inequitable Participation. There are costs (e.g. in time and resources) that may

outweigh benefits. Such may be the case with participating in law enforcement activities in protected areas, meetings and monitoring in co-management, and the like. In Compostela Valley, forestry law enforcement has posed dangers to life. Participation design may also not include adequate preparation or take into consideration indigenous structures and processes in project implementation and decision making. Appropriate Indigenous Knowledge Systems and Practices can be strengthened along with indigenous decision making processes. Solutions on identified issues such as on law enforcement shall be addressed in this light.

5. Loss of Culture and Cohesion. Interventions may run the risk of imposing changes

that may cause unintended effects or that may cause disruption or conflict among stakeholders and communities. This may be relevant to livelihood and natural resource use practices. Ecotourism may also bring unintended adverse impacts to indigenous peoples with little previous contacts with outsiders. New institutions may displace existing structures which post both positive and negative impacts. Monitoring and evaluation systems shall track unintended negative effects of sub-project interventions on IPs.

2.1.5 Indigenous Peoples Plan Preparation6

25. The IPF seeks to ensure that IPs are informed, consulted, and actively participate in the subprojects. Their participation can enhance benefits in project interventions, protect them from any potential negative impacts of the subproject while empowering them through recognition of their Indigenous Knowledge Systems and Practices and their institutions for ancestral domain management.

26. In project sites that are firmed up at a later time, the main features of the IPP will be a preliminary screening process, social impact assessment (SIA) to determine the degree and nature of impact of each sub-project, and an action plan to be developed, if needed. Consultations with IP communities, their leaders, organizations and local government representatives will be an integral part of the process.

27. Preliminary Screening. A full Indigenous Peoples Plan (IPP) is required if there exists:

(i) Impacts on customary rights of use and access to land and natural resources; (ii) Effects on socioeconomic and cultural integrity; (iii) Effects on livelihood, and social security status; and/or (iv) Other impacts that may alter or undermine indigenous knowledge and customary

institutions. 28. The Project Management Unit (PMU), the NCIP, along with the Social Development and/or Resettlement Specialist under the proposed Social Development Unit, will visit all IP communities and villages near the impact areas of subprojects. The identification of indigenous people will be based on population data and initial social assessment.

29. The NCIP and the ancestral domain management office will be tasked to ensure participation in public meetings that will be held in these communities to provide information on ARBIWRMP and the subproject. 6 IPPs components are: preliminary screening, social impact assessment, mitigation measures, development assistance, and project monitoring.

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30. During the visits, community leaders and other participants will present their views on the Investment Program and subproject. At this visit, the team undertakes a screening for IP populations with the help of IP community leaders and local leaders. The screening will check for the following:

(i) Name(s) of IP community group(s) in the area; (ii) Total number of IP community groups in the area; (iii) Percentage of IP community population to that of area population; and (v) Number and percentage of IP households to be affected by the subproject.

31. The project will also accomplish the IP assessment checklist in Annex 1. The result of the preliminary screening will be provided to the PMU for review as part of the pre-feasibility assessment of the subproject. If the results show that there are IP households in the zone of influence of the proposed subproject, a Social Impact Assessment (SIA) will be planned for those areas.

32. Where there is land acquisition in IP communities, the subproject will ensure their rights will not be violated and that they be compensated for the use of any part of their land in a manner that is culturally acceptable to the affected IPs. This will be covered under a Resettlement Plan.

33. If significant,7 IPP is established based on free, prior and informed consultations with indigenous communities, to enhance benefits and establish measures to minimize, mitigate, and compensate for affected persons.

34. If the SIA determines that the sub-project will likely have only limited impacts on tribal populations, then only a “Specific Action” (SA), and not an IPP, is required to address the limited impacts. The Specific Action needs to be a detailed section of the Resettlement Plan which sets out how such limited impacts will be addressed to ensure appropriate mitigation of impact measures and provision of benefits for IPs. This decision will depend on the severity of impacts on tribal communities affected by the subproject.

35. If Indigenous Peoples are the sole or the overwhelming majority of direct project beneficiaries and when only positive impacts are identified, the elements of an IPP will be included in the overall project design, and a separate IPP will not be required. In such cases, the project document will include a summary of how the project complies with the Policy on Indigenous Peoples Safeguards, in particular, will explain how the requirements for free, prior and informed consultations were fulfilled and how accrual of benefits has been integrated into the project. The project design will explicitly specify how benefits accrue to Indigenous Peoples in the project area and how free, prior and informed consultations will be done during implementation.

36. Social Impact Assessment (SIA). The Project will undertake SIA as part of the detailed technical feasibility report and resettlement planning. The SIA will gather relevant information on demographic data; social, cultural, and economic situation that can provide an overview of the ethnic population characteristics in the project area. A detailed profile of the economic activities of each of the groups includes data on land tenure, identification of the existing problems in performing economic activities, access to water and sanitation, vulnerable groups, women’s and community organizations, indigenous structures, description of local capacity dealing with indigenous groups, and any differential effect due to the subproject. Social analysis will also include data concerning indigenous knowledge systems and practices and possible issues and roles in natural resource management.

37. These will be the basis for determining both positive and negative social, cultural and 7 Impacts are insignificant when fewer than 100 indigenous people are affected.

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economic impacts of the subproject. Information will be gathered through separate group meetings within the IP communities of the project influence zone; there may be separate groups for IP men and women, to better obtain women’s needs and perspectives. Special attention is placed on identifying vulnerable groups. Discussions will focus on impacts of the subproject as well as recommendations on the design of the subproject. Gender-specific benefits and impacts shall be noted, including those of vulnerable groups.

38. Responsibility Center. The Social Development Unit will be responsible for analyzing the SIA and for leading the development of an action plan and impact mitigation measures with the IP community leaders. If the SIA indicates that the potential impact of the proposed sub-project will be significantly adverse—threatening the cultural practices and IP sources of livelihood, or that the IP community rejects sub-project works—the PMU will consider other design options to minimize such adverse impacts. If IP communities support the subproject, an IPP will be developed.

39. The SDU will prepare IPPs if required and will submit this to the PMU executing agency for review and finalization. Approved IPPs will be provided to ADB for final review and approval prior to implementation. The IPP policy and measures must comply with ADB’s Policy on Indigenous Peoples (1998).

40. Outline of Indigenous Peoples Plan.8 The IPP is time-bound, with adequate budget for its implementation. The Plan addresses: aspirations, needs, and preferred options of the affected IPs; local social organization, cultural beliefs, ancestral territory, and resource use patterns among the affected IPs; potential impacts on IPs; measures to address IPs issues or to avoid, mitigate, or compensate for the adverse effects of sub-project; measures to ensure sub-project benefits will accrue to IPs; measures to strengthen social, legal, and technical capabilities of ancestral domain structures and indigenous peoples organizations; the possibility of involving local organizations and non-governmental organizations with expertise in IPs issues; and budget allocation; and monitoring.

2.1.6 Consultation and Participation

41. Free, prior and informed consultation is an ongoing process. The project will continue to seek broad community support through culturally appropriate and collective decision-making processes in detailed design and in implementing and monitoring measures to avoid adverse impact on indigenous peoples; when avoidance is not feasible, effects shall be minimized, mitigated, and IPs compensated for such effects. Consultations are also critical in tailoring project benefits that accrue to them in a culturally appropriate manner.

42. The IPP will be prepared in consultation with affected IP groups. Inputs from the IPs will be considered in subproject design and the final IPP. In turn, proposed mitigation measures and strategies will be presented to them by project staff; copies of IPPs will also be available at the NCIP and municipal ancestral domain offices.

2.1.7 Disclosure

43. Before finalizing the IPP, a draft shall be disclosed with the social assessment report or key findings in a culturally appropriate manner. Meaningful participation will be secured by providing adequate lead time for preparation. Consultation and presentation will be in a language that is understandable to the participants. Care will be taken to ensure adequate representation and participation of the affected, especially of vulnerable groups such as women, youth, underrepresented minority groups or sectors, depending on subproject.

8 Outline of IP Plan as part of Safeguard Requirements 3 is in Annex 2.2.

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44. Project disclosure will be initiated by the SDU in coordination with the NCIP and ancestral domain structures. A Resolution of Consent (ROC) by the affected communities or their representatives, consistent with 2009 FPIC guidelines, will be required for a subproject with significant negative impacts.

45. Updated IPP and documentation on issues and agreements shall be provided to the PMU, NCIP and municipal ancestral domain management offices. The PMU in turn submits the following documents for disclosure on ADB’s website:

i) a draft IPP and/or Indigenous Peoples Planning Framework (IPPF) including social impact assessment, endorsed by the borrower/client, before appraisal;

ii) the final IPP upon completion of such documents; iii) a new or updated IPPs or addendums to IPPs, and corrective action plan

prepared during implementation, if any; iv) monitoring reports.

2.1.8 Grievance Redress Mechanism

46. Project implementers shall inform indigenous peoples and local communities and stakeholders that they may raise a grievance about issues on project implementation and on the application of this IP framework. Affected communities shall be informed about this measure during disclosure. Procedure and contact information of established Grievance Redress Committees (GRC) at relevant levels and sub-projects shall be made available.

47. Established GRCs at appropriate levels shall have representation from the NCIP and will be harmonized with those of ancestral domain structures that are in place to handle grievance pertaining to development projects in ancestral domains.

48. As a first stage, grievance or claim, as the case may be, may be filed with the grievance mechanisms where these have been established in the ancestral domains. If needed, these shall assist in filing grievance in writing within 15 days of receipt.

49. Grievance and claims that are filed are included in project monitoring. If the complainant is not satisfied with the response of the GRC, the grievance may be elevated to the ARB Chief Executive, whose contact information shall likewise be provided.

2.1.9 Institutional Framework

50. The Proposed Social Development Unit in the PMU is responsible for the preparatory work needed to identify any environmental and social issues in IPP preparation. Formulation will be in partnership with the National Commission on Indigenous Peoples (NCIP). A specific role will also be specified for ancestral domain management structures in IPP implementation. Assistance will be provided by the Social Development Specialist/Resettlement Specialist in implementing field activities and in training implementers for IPP formulation.

51. Administrative support shall be provided to the NCIP to be able to perform its functions in IPP formulation and implementation.

52. If unanticipated impacts on Indigenous Peoples become apparent during project implementation, such as change in alignment, the SDU will carry out a social impact assessment, and as relevant, prepare an IPP or an addendum to the IPP.

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2.1.10 Monitoring and Reporting Arrangements

53. IPF or IPP implementation will be monitored regularly. The implementation of the IPP will be supervised by DENR in close coordination with the NCIP provincial offices. The role and responsibilities of structures of governance in ancestral domains specifically concerned municipal ancestral domain management offices and the IP Provincial Coordinating Bodies, in monitoring IPPs shall be specified.

54. The delivery of benefits and success of mitigation and sustainability measures will be reviewed to ensure that affected persons are not worse off, that target beneficiaries are reached, that households have the necessary capability to sustain projects and facilities, livelihood options and resource management initiatives. The results of the review will be incorporated into annual planning for each subcomponent of the project.

55. Benefit monitoring and evaluation (BME) will also be conducted at mid-term to take into account the IPs’ requirements, as well as constraints, and address these aspects when examining the extent to which their lives were improved by project interventions.

56. Some parameters for review are.

Delivery of outputs. Representation of IPs among community beneficiaries. Gender and vulnerable groups. Social equity and access to benefits. Establishment and implementation of sustainability measures. Improvements in/role of IPs in community resource management. Budget allocation – effectiveness, efficiency of use. Level and quality of participation.

57. The M&E specialist will design the M&E tools and system in order to capture project impacts on all categories of stakeholders including indigenous peoples. The results of monitoring reviews will be captured in quarterly reports as well as in specialized M&E reports.

2.1.11 Budget and Financing

58. The PMU will provide sufficient resources to formulate IPDPs in sub-projects which have impacts on IPs. A detailed budget will be prepared by the PMU to take into account all activities associated with the formulation and implementation of IPDPs. Each IPDP will have its own budget which will be part of the sub-project cost. It will be made available during project implementation. The PMU will be responsible for making the budget available for implementation of IPDP. A tentative budget per year may be prepared to avoid delay in the release of funds.

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ANNEX 2.1: INDIGENOUS PEOPLES IMPACT SCREENING CHECKLIST

KEY CONCERNS (Please provide elaborations on the Remarks

column) YES NO NOT

KNOWN REMARKS

A. Indigenous Peoples Identification 1. Are there socio-cultural groups present in or use the project area who may be considered as "tribes" (hill tribes, schedules tribes, tribal peoples), "minorities" (ethnic or national minorities), or "indigenous communities" in the project area?

X Except in Butuan where indigenous peoples in the target barangays do not live in clusters but are integrated into mainstream society.

2. Are there national or local laws or policies as well as anthropological researches/studies that consider these groups present in or using the project area as belonging to "Indigenous Peoples", scheduled tribes, tribal peoples, national minorities, or cultural communities?

X

3. Do such groups self-identify as being part of a distinct social and cultural group?

X

X

X

X

4. Do such groups maintain collective attachments to distinct habitats or ancestral territories and/or to the natural resources in these habitats and territories? 5. Do such groups maintain cultural, economic, social, and political institutions distinct from the dominant society and culture? 6. Do such groups speak a distinct language or dialect? 7. Has such groups been historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against?

X

8. Are such groups represented as "Indigenous Peoples" or as "Indigenous Peoples" or "scheduled tribes" or "tribal populations" in any formal decision-making bodies at the national or local levels?

X Municipal and provincial tribal representatives appointed to legislative bodies.

B. Identification of Potential Impacts 9. Will the project directly or indirectly benefit or target Indigenous Peoples?

X Especially in Agusan Marsh and watershed management projects; ARB-wide for capacity building of IPOs and IP structures including NCIP.

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column) YES NO NOT

KNOWN REMARKS

10. Will the project directly or indirectly affect Indigenous Peoples' traditional socio-cultural and belief practices? (e.g. child-rearing, health, education, arts, and governance)

X Biodiversity conservation, Resource management, Water, hygiene and sanitation, Forest land use planning, small scale mining reform, capacity building for IPs

11. Will the project affect the livelihood systems of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, employment status)

X In biodiversity conservation and watershed management projects where access to traditional livelihood areas may be curtailed. Alternative livelihood development Ecotourism tourism in the Marsh and in Compostela Valley

12. Will the project be in an area (land or territory) occupied, owned, or used by Indigenous Peoples, and/or claimed as ancestral domain?

X 5 ancestral domains in Compostela Valley and 7 in Agusan Marsh

C. Identification of Special Requirements Will the project activities include: 13. Commercial development of the cultural resources and knowledge of Indigenous Peoples?

X Except for ecotourism but will be low environment impact; to be owned and managed by IPs and respectful of cultural and spiritual practices

14. Physical displacement from traditional or customary lands?

X Except for economic loss due to incompatible activities in protection areas

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column) YES NO NOT

KNOWN REMARKS

15. Commercial development of natural resources (such as minerals, hydrocarbons, forests, water, hunting or fishing grounds) within customary lands under use that would impact the livelihoods or the cultural, ceremonial, spiritual uses that define the identity and community of Indigenous Peoples?

X Forest protection of identified areas in the Compostela subwatersheds

16. Establishing legal recognition of rights to lands and territories that are traditionally owned or customarily used, occupied or claimed by Indigenous Peoples?

X

X

Project supports mainstreaming of Ancestral Domain (AD) Plans and AD plan delineation will be upon request No land acquisition of indigenous land

17. Acquisition of lands that are traditionally owned or customarily used, occupied or claimed by Indigenous Peoples?


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Annex 2.1.A: Anticipated Impacts on Indigenous Peoples and Mitigating Strategies

Subproject Strategies and Activities

Anticipated Impacts

Strategy to Address Impacts

Watershed Management and biodiversity conservation

Reforestation, Assisted Natural Regeneration, Agroforestry

Positive: Forestry and agroforestry interventions benefit IPs as upland farmers

The project will harmonize with priorities identified in Ancestral Domain Sustainability Development and Protection Plans; implementation will be in coordination with established ancestral domain structures; reforestation interventions targets IPOs and CBFMs as key implementers; land tenure issues addressed.

Capacity Building for IPs

Positive: Capability building assistance targets role of IPs in governance and resource management of ancestral domain.

The project will incorporate training and capability building priority needs in ADSDPPs; IP Development Plan is updated with NCIP and ancestral domain structures

Reforestation Negative: Loss of livelihood for those that are dependent on illegal cutting of timber, wildlife poaching in reforestation areas; loss of biodiversity in choice of reforestation species

The project will do an inventory of forest occupants. It will characterize those that will be negatively impacted to prioritize them for livelihood interventions by the project subject to willingness to participate in “treepreneur” reforestation and livelihood efforts; mitigation measures are governed by resettlement planning processes and conditions; indigenous trees and plant species are also protected and propagated

Reforestation Negative: Loss of kaingin areas planted to corn and other crops/loss of biodiversity and traditional sources of food, medicine, etc.

-Do -

Forest Protection Negative: Ancestral domain guards/Bantay Lansang/checkpoints - opportunity costs of performing protection functions; danger faced by IP law enforcers

Training of IP Bantay Lasang volunteers; allowance for Bantay Lasang is included in budget with provision that LGUs shall ensure continuity of incentive by charging environmental fees; insurance of Bantay Lasang members is proposed as continuing LGU counterpart, as now practiced in ComVal; livelihood alternatives for resource users

Forest Protection Negative: Wildlife that is a source of food and income will be conserved

Alternative income sources and NTFP, crop diversification, ecotourism and related jobs promoted; Traditional means of hunting to be allowed in specified areas for family use;; education and livelihood options to be

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Anticipated Impacts


developed in partnership with other programs; institutionalize mechanism for joint planning and action by KBA, DENR, IPs and LGUs.

Forest Protection and reforestation

Negative: Key Biodiversity area (KBA) is maintained for conservation

Sustainable agriculture and jobs for KBA residents; alternative zones and rules allowed for traditional hunting consistent with KBA and ancestral domain plans; AD protection rules are reinforced; women in resource management encouraged

Mining Reform Positive: Small scale mining reform to improve management, technology and benefit sharing

IPs are participants in the formulation of Code for Small Scale Miners that harmonizes ancestral domain rules and IP rights and responsibilities, e.g. recognition of sacred sites, designation of non-mining zones, benefit sharing arrangements, etc; prepare IPs and communities on positive and negative impacts of large scale mining

Livelihood Development

Positive: Additional sustainable livelihood options are available to IP households

Planning of environment and natural resource (ENR) management livelihood options is done in conjunction with ancestral domain plans and with IPs and their organizations; women, vulnerable groups and users of resources are determined for appropriate interventions

Agusan Marsh (Manobo)

Biodiversity Conservation and Ecotourism in the Agusan Marsh

Positive/ENR- compatible livelihood options are developed Negative: Economic displacement due to lack of access to off-limit zones; Wildlife that is a source of food and income (fruit bats) will be conserved; cultural disturbance; potential risk of HIV and other social problems associated with tourism; sacred sites not respected

Resettlement Framework applied Resolution of consent of affected indigenous communities is obtained in the establishment of specific facilities or ecotourism components or for any commercial development of natural resources within customary lands; ceremonial, or spiritual uses of the land are respected including any spiritual practices associated with access to sacred areas; livelihood alternatives for loss of access to protected zones; zoning with IPs; monitoring and elimination of unintended social effects

Butuan Drainage

Improvement of drainage system

Positive: Decrease incidence of/losses from flooding Negative: Resettlement of people in high risk zones; costly

No distinct IP settlements in the proposed drainage area Specific Action to address IP concerns in resettlement plan

Water Supply Improvement of Water Supply in 3

Positive: Improved access to safe

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Anticipated Impacts


areas piped water Negative: Low income IPs may not be able to afford water connection

Sanitation (Manobo)

Water-sealed toilets in Agusan Marsh

Positive/Negative: Improvement of hygiene and sanitation; breaks away from tradition and requiring water fetching and maintenance

IEC on hygiene, water conservation, sanitation through appropriate means and language

Solid Waste Management (Manobo)

MRF near Agusan Marsh

Positive: Clean up, recycling and livelihood development from recycling

IEC

Mabatas Dam (Four Tribes)

Tailings dam construction

Positive: Reduced pollution and siltation; potential IP royalties Negative: Internal conflict among tribes

Negotiation


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ANNEX 2.2: OUTLINE OF IINDIGENOUS PEOPLES PLAN

This outline is part of the Safeguard Requirements 3. An IPP is required for all projects with impacts on indigenous peoples. Its level of detail and comprehensiveness is commensurate with the significance of potential impacts on indigenous peoples. The substantive aspects of this outline will guide the preparation of IPPs, although not necessarily in the order shown.

1. Executive Summary of the IPP

This section concisely describes the critical facts, significant findings, and recommended actions.

2. Description of the Project This section provides a general description of the project; discusses project components and activities that may bring impacts on indigenous peoples; and identify project area.

3. Social Impact Assessment This section:

(i) Reviews the legal and institutional framework applicable to indigenous peoples in project context.

(ii) Provides baseline information on the demographic, social, cultural, and political characteristics of the affected indigenous peoples communities; the land and territories that they have traditionally owned or customarily used or occupied; and the natural resources on which they depend.

(iii) Identifies key project stakeholders and elaborate a culturally appropriate and gender-sensitive process for meaningful consultation with indigenous peoples at each stage of project preparation and implementation, taking the review and baseline information into account.

(iv) Assesses, based on meaningful consultation with the affected indigenous peoples, the potential adverse and positive effects of the project. Critical to the determination of potential adverse impacts is a gender-sensitive analysis of the relative vulnerability of, and risks to, the affected indigenous peoples given their particular circumstances and close ties to land and natural resources, as well as their lack of access to opportunities relative to those available to other social groups in the communities, regions, or national societies in which they live.

(v) Includes a gender-sensitive assessment of the affected indigenous peoples’ perceptions about the project and its impact on their social, economic, and cultural status.

(vi) Identifies and recommends, based on meaningful consultation with the affected indigenous peoples, the measures necessary to avoid adverse effects or, if such measures are not possible, identifies measures to minimize, mitigate, and/or compensate for such effects and to ensure that the indigenous peoples receive culturally appropriate benefits under the project.

4. Information Disclosure, Consultation and Participation

This section: (i) describes the information disclosure, consultation and participation process with the affected indigenous peoples that was carried out during project preparation; (ii) summarizes their comments on the results of the social impact assessment and identifies concerns raised during consultation and how these have been addressed in project design;

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(iii) in the case of project activities requiring broad community support, documents the process and outcome of consultations with affected indigenous peoples and any agreement resulting from such consultations for the project activities and safeguard measures addressing the impacts of such activities; (iv) describes consultation and participation mechanisms to be used during implementation to ensure ethnic minority participation during implementation; and (v) confirms disclosure of the draft and final IPP to the affected indigenous peoples. 5. Beneficial Measures This section specifies the measures to ensure that the indigenous peoples receive social and economic benefits that are culturally appropriate, and gender responsive.

6. Mitigative Measures This section specifies the measures to avoid adverse impacts on indigenous peoples; and where the avoidance is impossible, specifies the measures to minimize, mitigate and compensate for identified unavoidable adverse impacts for each affected indigenous peoples. 7. Capacity Building This section provides measures to strengthen the social, legal, and technical capabilities of (a) government institutions to address indigenous peoples issues in the project area; and (b) indigenous peoples organizations in the project area to enable them to represent the affected indigenous peoples more effectively.

8. Grievance Redress Mechanism This section describes the procedures to redress grievances by affected indigenous peoples. It also explains how the procedures are accessible to indigenous peoples and culturally appropriate and gender sensitive.

9. Institutional Arrangement This section describes institutional arrangement responsibilities and mechanisms for carrying out the various measures of the IPP. It also describes the process of including relevant local organizations and NGOs in carrying out the measures of the IPP.

10. Monitoring, Reporting and Evaluation This section describes the mechanisms and benchmarks appropriate to the project for monitoring, and evaluating the implementation of the IPP. It also specifies arrangements for participation of affected indigenous peoples in the preparation and validation of monitoring, and evaluation reports.

11. Budget and Financing This section provides an itemized budget for all activities described in the IPP.

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2.2 INDIGENOUS PEOPLES PLAN: UPPER AGUSAN WATERSHED MANAGEMENT SUBPROJECT

2.2.1 Executive Summary

1. The PPTA (TA 7258-PHI) is for the proposed Agusan River Basin Integrated Water Resources Management Project (ARBIWRMP). It aims to reduce poverty through integrated natural resource management within the river basin.

2. An Indigenous Peoples Plan is required for all projects with impacts on indigenous peoples. This Indigenous Peoples Plan for the Upper Agusan Watershed Management Subproject provides the process and procedures to address possible project impacts on Indigenous Peoples (IPs) in the area. It was prepared in full compliance with Philippines Government and ADB Safeguard Policies, including the ADB’s Indigenous People’s Policy of 1998 and 2009 Safeguard Statement as well as the National Integrated Protected Areas System (NIPAS) Act of 1992. The Indigenous Peoples Rights Act (IPRA) not only protects indigenous peoples’ rights, it also mandates indigenous peoples’ responsibility in the management and protection of their ancestral domain.

3. The subproject aims to benefit marginal farmers at the headwaters of the Agusan River. It will implement agroforesty, reforestation and forest protection through existing organizations and the ancestral domain structures in the area. It will facilitate micro credit schemes for poor farmers and other resource users and provide technical assistance with market linkages. The project will have components for community organizing to enhance capacities for joint planning and implementation to address key issues in forest protection, mining and lack of sustainable livelihood through joint planning and action. Capacity building addresses the issues of poor and vulnerable groups as well as organizational strengthening of IP and forestry organizations. Awareness raising on integrated watershed management promotes awareness, network building and action on local and trans-boundary watershed issues. This is through the formation of ARB and local watershed networks, watershed forums and education campaigns.

4. Though largely positive impacts are expected, the IPP aims to ensure that there are no adverse effects on IPs and that interventions result in the greatest possible reduction of poverty for them and that their concerns are integrated in each cycle of the project. In the Upper Agusan watershed, vulnerable households belong to poor migrant families and indigenous households and the most vulnerable are women and poor members of these IP communities. Access to their traditional sources of livelihood could be affected by the enforcement of restrictions in the strict protection zones.

5. Non-IP ethnic groups dominate the watershed area in terms of population. Sub-project interventions must therefore be sensitive to possible issues relating to the distribution of project benefits between IP and non-IP groups and also amongst different IP groups and ensure proportionate participation and benefit for women and disadvantaged groups and indigenous peoples.

6. It is not likely that there will be tenure issues involving IPs and watershed occupants and users on account of the project as it committed to recognizing existing tenure claims based on instruments such as the CADT, CBFMA and Certificates of Stewardship Contracts (CSCs).

7. However, the sustainability of watershed efforts is at risk if conflicting land uses are not rationalized. The entry of large scale mining is also imminent and should be harmonized with watershed management plans as there is a chance that it may cancel out any advances from forest rehabilitation. An emerging tendency toward concentration of land due to large

20


scale banana and other plantations not only raises environmental impacts, it also drives marginalized farmers into small scale mining, adversely affecting indigenous lands.

8. The scope and magnitude of problems in the watershed is such that the project can only make a dent on such issues as population pressure, small scale mining and its attendant social environmental issues. Thus, the IPP also identifies potential risks to project sustainability and potential mitigation under the Project in relation to the role of IPs in domain management.

9. Within this context, the project fully recognizes the mandated role of indigenous peoples in the governance of their ancestral domains and thus included measures to strengthen their capacities for resource management. This is done by mainstreaming watershed plans in Ancestral Domain Sustainability, Development and Protection Plans and strengthening appropriate structures and Indigenous Knowledge Systems and Practices in all aspects of project planning and implementation. This goes hand in hand with a plan for capacity building of IP leaders on issues surrounding the ancestral domains.

10. Thus, the project will be implemented by a watershed management unit in partnership with local government, line agencies and NGOs with the NCIP and ancestral domain structures as key implementing partners.

2.2.2 Description of the Project

11. A major subproject of the ARBIWRMP is watershed resource management of critical sub-watersheds near the headwaters of Agusan River. Four subcatchments were selected for the area. This IP Plan is for the Upper Agusan Subwatershed, principally in the municipalities of Maragusan, and New Bataan in Compostela Valley Province, Region XI.

12. The project is a comprehensive and integrated package of interventions to address the interlaced major drivers of the degradation of forests, biodiversity, land and water—that include among others, the absence of viable alternative livelihoods aside from mining and forest utilization—and the deficient political and institutional mechanisms for keeping the existing resource use activities in the sub-catchments within safe environmental and ecological limits as provided for in existing laws and regulations.

13. Proposed watershed management interventions were matched with suitable land. Open forests will be candidates for ANR/enrichment planting. Agroforestry will be promoted for cultivated lands that may be occupied by upland farmers/shifting cultivators. The intervention will enable them to adopt sustainable upland farming practices to enhance soil and water conservation. Reforestation/revegetation is proposed for areas covered by shrubs to bring back lost forest vegetation cover.

14. Proposed interventions also include measures to support capacity for implementation of environmental laws such as Forest Land Use Planning to be harmonized with ancestral domains plans and Mining Reform. Livelihood Development supports reforestation component to strengthen alternative rural industries based on available raw material. Gender and Development mainstreams role of women in natural resource management and livelihood development in addition to project-related gender issues.

15. The integrated watershed management approach maximizes the participation of indigenous peoples not only to promote their inclusion in all subproject benefits, activities and training programs. Their ancestral domain structures and plans shall be mainstreamed into project implementation. All of these are designed to enhance IPs potential benefit from the project.

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2.2.3 Social Impact Assessment

16. The ADB Policy on Indigenous Peoples defines indigenous peoples on the basis of at least two significant characteristics including self-ascription and descent from pre-colonial state and maintenance of cultural and social identities and territory. All these characterize the indigenous peoples in the Upper Agusan Watershed.

A. Site Characteristics

17. Coverage. The Upper Agusan Subcatchment covers 17 barangays in the municipalities of Maragusan, Pantukan and 7 in New Bataan where about 17,889 ha are candidates for watershed management interventions. In particular, protection, reforestation, agroforestry, and assisted natural regeneration (ANR) are targeted in 7,550 ha, 2,385 ha, 6,560 ha, and 1,395 ha, respectively. The subcatchment is within the ancestral domains of the Mansaka and Mandaya ethnic groups, the most populous tribes of the province. Those in the target area constitute 12.4% of the IP population of Compostela Valley.

18. The list of barangays in the Upper Agusan Sub-catchment includes 17 barangay in Maragusan (Coronobe,Cambagang, Lahi, Katipunan, Mauswagon, Mapawa, New Albay, New Panay, Poblacion, Tupas, Talian, Tigbao, Bagong Silang, Mahayahay, Magcagong, New Katipunan and Tandik) and nine barangay in New Bataan (Andap, Bantacan, Cabinuangan, Camanlangan, Cogonon, Magsaysay, Panag, San Roque and Tandawan)— with a total watershed area of about 49,875 hectares. About 75% of the watershed is within New Bataan and Maragusan.

19. The Upper Agusan Subcatchment straddles two ancestral domains and 4 municipalities. Not all barangays are within zones identified to be suitable for agrofestry or reforestation which were based on a GIS land suitability study. The social component such as organizing for mining reform and community forestry shall however address issues in an integrated way. The ancestral domain as a unit shall address optimum distribution of benefits to areas outside the direct impact zone for agroforestry.

20. Key Stakeholders and Vulnerable Groups. The majority of the watershed occupants are settlers of ethnic origins coming from outside Mindanao. The biggest linguistic/ethnic groups are the Cebuanos (58%), Boholanos (16%), Waray (6%) and Ilongo (4%). Indigenous peoples are a minority, comprising only 12% of the respondents. Significant IP beneficiaries of the project are the Mansaka and Mandaya. The Mansaka is the dominant tribe in the province (and in the watershed) with an estimated population of 102,734 out of an IP population of 221,068 for Compostela Valley as of 2009 and representing 35% of the 2007 provincial population of 637,366 and less than 9% of the estimated IP population of 2,539,767 for Region XI.9

21. Maragusan and New Bataan were traditionally populated by the Mandaya. Now, the dominant indigenous group is the Mansaka. New Bataan is under CADT RXI-NEW-0204-019 which was established on Feb. 17, 2004, covering an area of 92,413.8676. Maragusan is under CADT No. RXI-PAN-0908-076. Five barangays of New Bataan are within ancestral domain. Some 8,443 IPs constituting 3.8% of the provincial IP population are within the coverage of the ancestral domain (CADT RXI-NEW-0204-019) in 2 barangays of Maragusan, 11 barangays of New Bataan, 5 barangays of Compostela and 1 barangay of Davao Oriental. Only 14.9% are within the ancestral domain.

9 NCIP Compostela Valley.

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Table 2.2: Indigenous Peoples of Upper Subwatershed,

Watershed Management Tribe Total

Mandaya Mansaka Manggu-angan

Manobo Kalagan IP/Mun %Prov %Mun

8,000 50 500 200 9,000 1% 13% 5,000 20,000 25,000 4% 48%

15,500 3,000 18,500 3% 41% 836 11,264 4,268 16,368 3% 23%

29,336 34,314 500 200 4,268 68,868 11% 37%

41,656 102,734 22,200 2,250 8,468 221,068 35% Source: NCIP Compostela Valley 2009. 22. The distribution of indigenous peoples is high in upland areas thus making IPs a major beneficiary of the subproject. While other barangays in the ancestral domain have 100% IP population, Andap and Camanlangan have the most diverse with only 23% of the population being Mansaka and Mandaya.

23. The majority of the households, both IP and non-IP, are engaged in fishing and farming. Some are believed to be engaged in the prohibited practice of kaingin (slash and burn agriculture), thus are targets for watershed interventions.

24. A recent survey of the NCIP showed that only about 2% indigenous peoples of the population sample in Compostela Valley were directly involved in small scale mining as mine workers. This could be larger in the Upper Agusan sub-watershed since it is a center for small scale mining in Compostela Valley. Indigenous families have also established their own tunnels on home ground. Others support the needs of mining communities as merchants, providing timber requirements, transport, etc. and represent a subgroup of the stakeholders of the Project.

25. Non-IP ethnic groups dominate the watershed area in terms of population. The poor are both IPs and non-IPs and the most vulnerable are the poor members and women of these IP communities. The most vulnerable households would be those belonging to an IP group that is at the same time income-poor (with incomes below the poverty threshold) and female-headed.

26. Sub-project interventions must be sensitive to possible issues relating to the distribution of project benefits between IP and non-IP groups and also amongst different IP groups though certain dedicated resources have an IP focus. Minority IP groups are the Mangguangan (population 500) and Manobo (population 200) in Compostela and the Kalagan (4,268) in Pantukan vis-à-vis the Mandaya and Mansaka which are the majority IP groups in Compostela Valley.

27. On the other hand, majority groups have land tenure issues as well. Certain Integrated Social Forestry beneficiaries had fears of insecure tenure within the ancestral domain. Many Certificates of Stewardship Contract would be ending or ended after 25 years. To avoid possible conflicts based on ethnicity in project implementation, participation mechanisms should strive to be as inclusive as possible, making sure that all ethnic groups are represented and ensuring representation and participation of minority and vulnerable groups.

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28. Poverty. In 2006, about 45.4% of Region XI population was below the poverty threshold for rural areas. It is estimated to be even higher at 75–80% in some upland barangays of the subwatershed. The socioeconomic survey shows an average monthly income of P6,000, with 71.5% below the regional poverty threshold of P6,195 for a family of 5;10 89.5% had 1-2 members contributing to the household income. The rest had no income source. And many more were underemployed (at least 9%). The socioeconomic survey further shows that 50.2% of the respondents had no savings; about 49.0% of the targeted households were able to save, but minimally. Under such conditions, many indigenous peoples and upland dwellers are engaged in subsistence farming, timber cutting and aspects of small-scale mining and are key targets for project interventions.

29. Gender. There are more men than women in indigenous communities in the watershed. Young women tend to venture out of their villages to find work. They go to Davao or to Manila from Compostela Valley. On the other hand, there are women-headed households at an average of 35% in the sub-watershed.

30. The top three issues faced by women are: domestic violence, drug addiction of children and water conflict. Water is a scarce commodity in some communities. With number of children above replacement level, women also mentioned that it was a problem having more children than they could comfortably afford or send to school.

31. Indigenous women in mining barangays in New Bataan work in minefields gathering ore for transport to processing plants. On the other hand, small scale mining is noted to have brought additional burden to families through social problems such as drug use, gambling and prostitution. Marijuana and Shabu (crystal methamphetamine) are used.

32. In the project site, Violence against Women (VAW) has an estimated incidence rate of 10–20% and is especially a problem in small scale mining areas. Here there are many out-of-school youths, many of whom join their families in small scale mining thus child labor was reported as a problem.

33. Among indigenous peoples in the upland barangays of the sub-catchment, early marriage is a reality. Girls marry in their early teens. Indigenous peoples in the area were traditionally polygamous. While this is not common now, it is still accepted practice.

34. Women participate in decision making and are active in agro-forestry. They are members of forestry and farmers associations, highlighting an active role in the economic life. This is consistent with survey results showing that joint decision making on domestic and economic activities is exercised by couples. However, domestically, women are still stereotyped as the home-maker.

35. IP gender issues shall be addressed under Gender Action Plans based on a GAP Framework that was developed under the project to improve women’s access to resources, assets, or opportunities and participation in decision-making process. Population and reproductive health issues in gender plans shall reinforce ongoing programs of the DENR and other agencies in Compostela Valley to address gender as well as population pressure issues in the watershed.

36. Aspirations. The Upper Agusan Watershed respondents including indigenous peoples who were consulted aspired to be released from poverty, thus desired education for their children as well as more livelihood sources. IP leaders, both men and women, also expressed the need for capability building and technical assistance in Ancestral Domain governance. A key aspiration of leaders is for effective implementation of Ancestral Domain

10 Based on the NSCB (National Statistical Coordination Board) Official Poverty Statistics published in June 2007.

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plans. They hope to be able to manage and protect their domains as well as realize a greater share of benefits from resource use.

37. Land Tenure Situation. Overlapping tenure instruments was identified as a problem at consultations. This is also highlighted by the entry of large scale mining companies that are conducting explorations on Community-based Forest Management (CBFM) and Integrated Social Forestry (ISF) areas. At another level, ISF beneficiaries fear for the security of their land under the ancestral domain. Harmonization of land uses and instruments11 during project implementation is essential to ensure that watershed investments do not go to waste. This shall be undertaken with leading roles for ancestral domain structures.

38. Key Biodiversity Area. The KBA is within the Mandaya-Mansaka integrated Ancestral Domain Title of 2004. Management of a populated protection area is a challenge with a relocated community, large scale logging and road building as well as timber poaching by people reportedly from Davao Oriental. In planning for protection of the KBA with the Mansaka and Mandaya people, the Project also needs to join forces with the all other involved agencies including the Protected Area Division of the DENR and Conservation International.

39. Plantations. The valley in New Bataan and Maragusan is being developed into banana and other plantations. This emerging tendency toward concentration of land due to large scale banana and other plantations not only raises environmental impacts, it also drives marginalized farmers into small scale mining for additional work. This needs to be reviewed in light of forest land use planning.

40. Mining. Small scale mining provides much needed jobs since there are no entry requirements but the deleterious effects of mining was raised as a priority issue by ancestral domains that are badly affected by unregulated mining.

41. A minahang bayan (community mining area) is located in Pamintaran, Maragusan. In New Bataan, there is small-scale mining in Camanlangan, in parts of Tandawan, Fatima, Magangit, Panag, Katipunan, and Magsaysay. Data indicate that there are between 10,000-20,000 small-scale miners from various locations and outside the province. The ubiquitous location of mining such as in former ISF and other tree plantation sites indicate the need to delineate non-mining areas for forest protection under ancestral domain law, making the small scale mining sector an important stakeholder for the project in the area.

42. A small number of tribal leaders collect royalties and surface rental from miners but

11 Maragusan has 2,214.375 hectares allocated and cultivated for Integrated Social Forestry (ISF) with Certificate of Stewardship contract located in barangays Mapawa,Tupas, Katipunan, New Manay, Tandik, Paloc, Magcagong, Pamintaran, Bagong Silang, and New Panay. CBFM areas constitute 7,653.75 hectares located at Pamintaran, Saranga, and Araibo. Industrial Forest Management Agreement (IFMA) has 875 hectares in Las Arenas. A mining reservation of 2,381.25 hectares is in barangays Mabugnao, Magcagong, Mahayahay, Parasanon, and Paloc. Thus Mansaka and Mandaya were given a resettlement area of 4,464.14 hectares in barangays Langgawisan and Bahi - within the Key Biodiversity Area (KBA) of Eastern Mindanao.

Mining Firms

Plethora Minerals Corp. (A-99) Milagros Mineral Resources (E-161) Harry L. Alvarez (E-163) Eastern Horizon Mining Corp (A-185) Viclode Mining Corp. (E-146) Jake Mining Corp. (A-192) Viclode Mining Corp. (E-142) Zetosa Mineral Resources (E-183) North Davao Mining Corp. (F-14) Philco Mining (E-63) Sinai Mining Ventures (E-155) E-46 Batoto Resources Corp (A-246), (E-109) CMS Co. (E-177) Dacico Fine Minerals (E-212) Milagros Mineral Reserve (E-135)

Source: Mining Tenements Control Map of MPSA, EXPA, and AFTA,

March 2010

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under poor sharing arrangements. Reinvestment for sustainable livelihood as well as more equitable distribution of benefits is a potential area for improvement under the ancestral domain so that mining helps support the creation of social capital and of alternative employment opportunities.

43. Large-scale mining applications have also been lodged for New Bataan and Maragusan. Mining firms are reportedly operating with Exploration Permit Application (EPA) and MPSA application within the watershed in proposed reforestation areas in Camanlangan and Andap in New Bataan.

44. Thus, even large scale mining could have some wide-ranging effects on ancestral domains, the watershed and sustainability of proposed project components and deserve special attention in project implementation including the delineation and protection of non-mining zones by indigenous law.

45. Indigenous Knowledge Systems and Practices. Traditional resource management practices are changing but appropriate ones can be reinforced in plan implementation. Sacred areas are still respected but as in anywhere in the province, mining and other economic activities are closing in. Protection of such areas is targeted in the ADSDPPs. The balyan, who presides over sacred sites, is still recognized as a spiritual leader. A protective measure in the former days was the imposition of the buna punishments against those who destroyed protected water springs and watersheds in their claimed territories. Preferred indigenous tree species and IKSPs are documented in the ADSDPPs and shall be reinforced in project implementation.

46. Resource use is also changing. Timber was primarily used for housing materials and cutting was accompanied by ritual and where only what was needed was taken. These have changed with advent of mining and timber-based income generation. In this connection, non-timber forest products (NTFP) were also identified for propagation under the project. This includes various species of bamboo which have economic potential and are used as food and for other implements for fishing and musical instruments, water containers, fencing, hunting, rafts and even weapons. Different rattan varieties were sources of edible stems. Wild abaca fiber is also gathered for bags and baskets. Honey is collected.

47. Sources of many NTFP are getting depleted and were identified for enrichment under the watershed management project, as with indigenous tree species to be used for reforestation. IP participation in subsequent detailed planning shall ensure that preferred species and indigenous plant sources of food and income are also propagated.

B. Institutions

48. NCIP Compostela Valley. The National Commission on Indigenous Peoples (NCIP) is the primary government agency that formulates and implements policies and programmes for the recognition and protection of the rights and well-being of Indigenous Peoples (IPs).

49. The NCIP, with provincial office in Nabunturan, Compostela Valley, has an enormous responsibility to promote IP welfare with very limited resources. The province is currently faced with the projected entry of extractive industries such as large scale mining that need to undergo Free Prior Informed Consent (FPIC) process.

50. The office has a backlog due to lack of personnel. More importantly, the office feels a need to strengthen its capacity to facilitate the process for the benefit of indigenous peoples and for all. Staff expressed need for capacity building to facilitate FPIC in relation to mining and large scale investments.

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51. The NCIP and LGUs are mainstreaming IP structures and ancestral domain plans into local government structures and plans. There is provincial and municipal level indigenous peoples’ representation in the local legislative bodies. Still, there remains a need to harmonize the IPRA with existing national laws as these relate with local experience. Of urgency are the NIPAS Act, the Mining Act, the Local Government Code and the Environmental Impact Statement Law. Policy review shall happen at the provincial and ARB levels.

52. With budget constraints (monthly budget of P14,000 for operations), NCIP will need administrative support to perform oversight functions and leading roles in IPP formulation and implementation.

53. Indigenous Peoples Organizations and Community Forestry Organizations. The area has several Community-Based Forest Management organizations. The general consensus is that most of these organizations are unable to protect the forests under their care. This is due to size of CBFM covered, distance to sites of continued illegal cutting in forest stands. Cutting permits are enjoyed by these organizations but without commensurate replanting to cover extracted volumes especially from old growth stands. Moreover, the idea that CBFM associations develop sustainable livelihood options in lieu of enjoyment of cutting permits has not occurred. CBFMAs are composed of IPs and non-IPs. Some such as in Camanlangan are dominantly IP. These will be the likely project implementers and a review of their operations shall be undertaken in light of organizational strengthening of CBFMAs and farmer organizations.

54. Non-Government Organizations. NGOs can be important partners in project implementations and strong allies on issues affecting the ancestral domain. Some NGOs assisting indigenous peoples are based in Davao including Pagtatanggol Batas which assisted in the preparation of ADSDPPs as well as the Foundation for the Philippine Environment which had a project in the KBA in Maragusan, as with Conservation International and Kinaiyahan. The Alyansa Tigil Mina has responded to mining accidents in Compostela Valley. The province also has an association of Indigenous Professionals.

55. Ancestral Domain Structures. The ancestral domain plans provide the structures and mechanism for plan implementation. Municipal ancestral domain offices have been established with an Ancestral Domain Manager and a staff of at least five to assist the Municipal Tribal Chieftain in domain management. Municipal IP representatives have also been appointed to legislative bodies. ADSDPPs also include rules for the management of the ancestral domain at the municipal level.

56. The IP Provincial Consultative Body has also been established. This body is composed of Municipal Tribal Chieftains and Ancestral Domain Managers. It meets every month with the NCIP to discuss ancestral domain issues and concerns. Coordination and sharing of experience on workable strategies can occur at this level.

57. Thus, structures are in place for project mainstreaming into ancestral domain plans. While this is so, IP leaders feel they need preparation for the enormous responsibility for AD management. This is especially so since many of the challenges within the domain were not familiar to their indigenous life ways. Unfamiliar with the intricacies of many laws, the entry of large scale mining and other interests leave them unable to effectively negotiate and protect their interests. Capacity building measures that were identified were included as a key area for support for AD management. Such plans shall be updated periodically NCIP and involved ancestral domains.

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2.2.4 Summary of Potential Social Impacts

58. Major beneficiaries of the Upper Agusan Watershed Management Subproject are indigenous peoples and upland dwellers who depend on forest resources for their livelihood. Indigenous peoples as resource managers of the ancestral domain will benefit from increased opportunities to co-manage ecotourism projects, watershed management, land use planning, income generating projects as well as capacity building measures. On the other hand, while the project is expected to bring in benefits, it may also have negative impacts for some such as curtailment of access to protected areas.

59. Loss of Forest Use. Identified potential effects pertain to possible economic displacement that may result with the enforcement of forest protection laws. In September 2010 workshop in New Bataan, IPs identified potentially affected as those with swidden farms planted to corn and vegetables in proposed protection areas. Moreover, they also identified families dependent on timber cutting for their livelihood. The incidence of affected persons was estimated as somewhere in the vicinity of 20–30% of the families maintaining gardens in forests or riverbanks or which are otherwise dependent on the forest. Small scale miners and their families will be positively affected particularly through incentives for minors not to engage in hazardous occupations such as small scale mining. This indicates a significant number of participants to be prioritized for livelihood replacement and income augmentation.

60. Mining is happening in identified reforestation sites such as Camanlangan and Pamintaran. The expansion of small scale mining areas may also be curtailed—granted that it could be enforced. Harmonization of forest land use plans as well as enforcement of forestry laws is supported by the project but is expected to be inadequate. In the preparation of small scale mining code, dialogue can be fostered among stakeholders to rationalize the activity in a way that distributes benefits more equitably, following proper environmental and occupational safety standards in designated areas. Again, in addition to LGUs, the role of ancestral domain management is critical in setting requirements and enforcement of rules on small scale mining operations on indigenous land.

61. Benefit Distribution. Users of forested areas also come from people living across geographic regions such as those from Davao Oriental accessing forest resources in the KBA in Lahi and Langgawisan. A project activity is updating of the DENR’s Forest Occupants Inventory. While interventions focus on delineated sites, mechanisms will be needed for collaboration across borders to address resource use concerns or benefits for resource users by non-residents. In addition, since GIS-generated data was basis for targeting reforestation sites, certain priority areas in ADSDPPs (e.g. Barangays Pagsabangan, Manuringao, Kagan) are not covered for vegetative interventions. A focus on limited areas may put these under extreme pressure from those that are not benefited. Overall strategic planning for implementation should involve ancestral domains to see how distribution of benefits/incentives can best enhance the attainment of project objectives for sustainable forests by building a vision for a common goal for the watershed. This was addressed with Community Organizing as a strategy to facilitate watershed processes for joint problem solving and action.

62. Inequitable Participation. Protection of forestry resources is a key function of ancestral domains which have Bantay Lasang guards in key exit points in the watershed. This function is strengthened in watershed management plans. On the other hand, enforcement has endangered lives of tribal leaders. Training and logistical support shall be provided, again, based on joint planning with LGUs and ancestral domains which shall take into consideration appropriate indigenous systems and practices in enforcement of domain rules.

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63. Land Tenure Improvement. It is not likely that there will be tenure issues involving IPs and watershed occupants and users as the project is committed to recognizing existing tenure claims based on instruments such as the CADT, CBFMA and Certificates of Stewardship Contracts (CSCs). On the other hand, the project promotes rationalization of land uses in the watershed through the formulation of forest land use plan which will harmonize plans with proposed land uses including those in the ADSDPPs. While ancestral domain rules recognize rights of tenured migrants, any emerging issues on land security by non-IPs should also be promoted in project implementation.

64. Absorptive Capacity of IPs in Watershed Management Target Barangays. A requisite to successful project implementation is the ability of the target beneficiaries to put up their counterpart to the endeavor. The primary targets of the project interventions are poor farmers, small scale mining families and vulnerable female-headed households, residing in the watersheds who may be engaged in unsustainable use of forest resources.

65. Most upland/IP households have minimal or no savings at all. On the other hand, alternative livelihood options may have long gestation periods and available alternatives such as small scale mining may bring in higher returns in the short term. For this reason, trade-offs may be unattractive to small scale miners. The management of small scale mining which is within the purview of LGUs and ancestral domains appears as a focus for immediate technical support, awareness raising and capacity building to allow IPs and miners to rationalize and increase benefits and reinvestment from the activity.

66. Impacts and proposed mitigating measures are summarized in Table 2.3.

Table 2.3: Anticipated Impacts and Mitigating Strategies Strategies and

Activities Anticipated

Impacts Strategy to Address Impacts

Reforestation, Assisted Natural Regeneration, Agro-forestry

Positive: Forestry and agro-forestry interventions benefit IPs as upland farmers; Forest Land Use Plans (FLUP) to be established

The project will harmonize with priorities identified in Ancestral Domain Sustainability Development and Protection Plans and implementation structures; implementation will be in coordination with established ancestral domain structures; reforestation interventions targets IPOs and CBFMs as key implementers; land tenure issues addressed to be addressed; women’s role in agroforestry and livelihood development recognized

Capacity Building for IPs

Positive: Capacity for ancestral domain management improved.

The project will incorporate training and capability building priority needs in ADSDPPs; IP Plan is updated with NCIP and ancestral domain structures; ancestral domain structures as partners in implementation

Reforestation Negative: Loss of livelihood for those that are dependent on illegal cutting of timber, kaingin farmers; wildlife poaching in reforestation areas; loss of biodiversity in choice of reforestation species

The project will do an inventory of forest occupants. It will characterize those that will be negatively impacted to prioritize them for livelihood interventions by the project subject to willingness to participate in “treepreneur” as a scheme that provides economic incentives to those involved in reforestation and livelihood efforts; indigenous trees and plant species are also protected and propagated

Reforestation Negative: Loss of kaingin areas planted to corn and other crops/loss of biodiversity and traditional sources of food, medicine, etc.

Reforestation using propagated species shall recognize indigenous species including non-timber forest products (NTFP) that are economically beneficial.

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Strategies and Activities

Anticipated Impacts


Mining Reform Positive: Improved capacity of ancestral domain managers to address small scale mining and entry of large scale mining Reduction in child labor in the mines

Capacity building on mining reform for AD managers through education on laws and best practice in large and small scale mining; formulation of small scale mining code in coordination with IPs to define benefit sharing and other AD rules on mining including on child labor; incentives for families to keep children in school Community organizing facilitates discussion of ancestral domain rules on small scale mining, off-limit areas for mining, benefit sharing

Forest Protection Negative: Ancestral domain guards/Bantay Lansang/checkpoints - opportunity costs of performing protection functions; danger faced by IP law enforcers

Training of IP Bantay Lasang volunteers; allowance for Bantay Lasang is included in budget with provision that LGUs shall ensure continuity of incentive by charging environmental fees; insurance of Bantay Lasang members is proposed as continuing LGU counterpart, as now practiced in ComVal; livelihood alternatives for resource users

Forest Protection Negative: Wildlife that is a source of food and income will be conserved

Alternative income sources and NTFP, crop diversification, ecotourism and related jobs promoted; Traditional means of hunting to be allowed in specified areas for family use; education and livelihood options to be developed in partnership with other programs; institutionalize mechanism for joint planning and action by KBA, DENR, IPs and LGUs.

Forest Protection and reforestation

Negative: Key Biodiversity area (KBA) is maintained for conservation

Sustainable agriculture and jobs for KBA residents; alternative zones and rules allowed for traditional hunting consistent with KBA and ancestral domain plans; AD protection rules are reinforced; women in resource management encouraged

Mining Reform Positive: Small scale mining reform to improve management, technology and benefit sharing

IPs are participants in the formulation of Code for Small Scale Miners that harmonizes ancestral domain rules and IP rights and responsibilities, e.g. recognition of sacred sites, designation of non-mining zones, benefit sharing arrangements, etc; prepare IPs and communities on positive and negative impacts of large scale mining

Livelihood Development

Positive: Additional sustainable livelihood options are available to IP households

Planning of environment and natural resource (ENR) management livelihood options is done in conjunction with ancestral domain plans and with IPs and their organizations; women, vulnerable groups and users of resources are determined for appropriate interventions

Ecotourism Positive/Negative: ENR- compatible livelihood options are available (though immediate benefits from entry of tourists not seen due to peace and order situation)

Resolution of consent of affected indigenous communities is obtained in the establishment of specific facilities or ecotourism components or for any commercial development of natural resources within customary lands; ceremonial, or spiritual uses of the land are respected including any spiritual practices associated with access to sacred areas; monitoring of unintended social effects

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2.2.5 Beneficial Measures

67. Project actions for indigenous peoples are summarized here and to be read in conjunction with the overall project design and monitoring framework, the Watershed Management Plan and Local Social Development and IP Plans, Capacity Building Plan and the Project Administration Manual.

68. Specific measures are built into the design of the watershed management and local social development plans of the Upper Agusan Watershed Management Subproject to maximize benefits of the subproject to indigenous peoples. This is through provisions for participatory project implementation involving LGUs, local institutions and key stakeholders. Special attention was placed on recognition of the role of indigenous peoples in watershed and domain management which were built into measures in project design.

69. In this connection, certain project components have dedicated resources for IPs through such as capacity building, livelihood and gender development among others, under a strategy for local social development. External facilitation is provided as well to strengthen watershed institutions for joint problem solving with a strong focus on strengthening capacity for social development and community organizing among project implementers.

70. Thus, the proposed strategy puts equal stress on process in project implementation as a built in measure for sustainability of project interventions and to enhance benefits for IPs. This supports ongoing processes for continuing dialogue on key watershed concerns such as mining, population pressure, conflicting land uses and tenure issues and the role of ancestral domains in addressing these. Resources for capacity building of NCIP and IP organizations are also provided for.

71. Under the above strategy, project components shall be mainstreamed into ADSDPPs. Final selection of sites will take into consideration inputs from IPs and other community members to ensure that appropriate IKSP is recognized and reinforced in detailed planning. This will be accomplished in partnership with the NCIP and ancestral domain managers.

72. The project will implement agroforesty, reforestation and forest protection through existing organizations and the ancestral domain structures in the area. Other more specific measures shall be included in detailed design and at implementation phase for various forestry and social components.

73. The requirement to address needs of marginal (minority groups) and vulnerable groups and women are acknowledged in Communication and Participation and Gender mainstreaming plans as well as the A Gender component also acknowledges role of women in resource management and livelihood development. It will ensure proportionate participation and benefit for women and socially indigenous peoples.

2.2.6 Mitigative Measures

74. No land acquisition and culturally-sensitive activities such as commercial development of natural and cultural resources and physical relocation of IPs from customary lands will be undertaken. However, potential economic dislocation may result from watershed rehabilitation and protection of barangays in the Key Biodiversity Area and proposed protection zones.

75. Those that may be negatively impacted by forestry component will be determined in coordination with NCIP and ancestral domain structures as well as through community consultations. Measures to address the same shall be consistent with principles set under the resettlement planning framework where economic displacement may occur.

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76. Alternate areas will be identified in coordination with the IPs, DENR and LGUs. This will also be addressed in the context of livelihood development and participatory implementation of agroforestry technologies. The reach of reforestation resources shall be expanded in a manner that is inclusive through incentives in direct proportion with household member efforts in seedling production, tree plantation and plantation maintenance. The treepreneur concept provides direct incentives as a way to augment incomes by those that participate in project implementation. Use of indigenous species, prioritization of sacred sites and the like are dealt with in coordination with PCB and domain structures during community planning.

77. Attention to vulnerable groups (e.g. women-headed households, poor and minority) of affected households is acknowledged in Communication and Participation and Gender mainstreaming plans.

2.2.7 Information Disclosure, Consultation and Participation

A. Free Prior Informed Consent Process

78. A process for free, prior, and informed consultation with the watershed’s indigenous peoples was carried out during project preparation. IPs of the Upper Agusan Watershed were part of at least 10 community, watershed, provincial and project-wide surveys and consultations that were undertaken. These followed through from previous consultative exercises that were done by the Agusan River Master Plan preparation team, setting up anticipation of the communities for the project.

79. The consultation process involved indigenous people structures/representatives at the provincial, municipal and barangay levels. Women, farmers, and indigenous peoples organizations, CBFM and Community Organizations were represented.

80. A primary output of the first field activity was an initial list of priority activities to rehabilitate and improve status of the four different watersheds found inside Compostela Valley. The identified problems and the corresponding solutions were validated further at community level consultations where participants also identified mitigating measures to combat present status of the watershed to wit: regulation of mining activities in the area, implementation of existing laws, close coordination and harmonization activities of government agencies and capacity building of implementing agencies and communities.

81. Measures were proposed for diversified farming as well as for agro-forestry for selected cash crops and rubber. At least two including New Bataan and Compostela identified water bottling as an ENR livelihood opportunity. Other preferred agroforestry species such as cacao, coffee, lansones rambutan and other fruits including designated areas for specific crops and reforestation interventions were indicated.

82. Rural industry through non-timber forest products was stressed. Identified opportunities based on consultations and ancestral domain plans include rattan, coconut and other indigenous raw materials for income. Some proposed projects in ADSDPPs and in consultations are home gardens and on-farm agroforestry; off-farm reforestation/ANR; the review CBFM and forestry operations, and improvement of CBFM timber cutting and forest protection practices.

83. Other identified projects are for organizational and institutional development. The IP plans prioritized capacity building on management and development of the ancestral domain. Some topics identified were on the assertion of IP rights over their natural resources, also seminars on financial and human resource development. They also expressed need for support on cultural preservation and of reinforcing sound traditional practices including

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institutionalization of the indigenous tribal justice system.

84. Livelihood support for women was also prioritized though there was a tendency to mention familiar income augmentation projects such as poultry raising. While, this was so, others mentioned the importance of trying non-traditional approaches. Therefore, assistance was also provided for technical review of other opportunities for rural industry and marketing promotion. Incorporation of recommendations in agroforestry will be specified in succeeding phases of project design. This will be in conjunction with ancestral domain leaders and communities as plans are mainstreamed into ADSDPPs.

85. The problems of weak implementation of environmental laws and the continuing expansion of both large and small scale mining activities were addressed by building in provisions to support mining reform through advocacy, formulation of forest land use plans that shall be harmonized with ancestral domain land uses. No provisions were made for structural measures since these were not prioritized by local governments. But the issue was also linked to capacity building of IP leaders as well as the NCIP on the use of the FPIC as a tool to regulate and maximize benefits from the entry of mining. Moreover, the strategy of community organizing was also supported in the design to facilitate processes that will strengthen ancestral domains to initiate discussion of issues in relation to their mandate on resource management.

86. At least one separate presentation of the project was also done among the IP Provincial Consultative Body. Members include the ancestral domain manager and the Municipal IP representative of each of the target municipalities.

87. In addition, at the last consultation for the Upper Agusan Watershed in 27 September 2010, watershed management strategies and elements were presented and potential impacts were identified by participants including IP representatives. They expressed concurrence with proposed watershed management and local social development strategies.

88. In a workshop on potential effects of project components, participants then indicated that ANR, protection and reforestation projects may affect IPs and non-IPs in such barangays as Tandawan, Camanlangan and Cabinuangan. In turn, it was the basis for the preparation of a resettlement framework where economic displacement might occur. 12

89. People including IPs expressed a willingness to work with alternatives including for women and livelihood projects. They then identified potential areas that may be affected by reforestation and forest protection measures. They were willing to participate in community organizing activities and extension services as well as in participatory monitoring and evaluation. They also indicated willingness to provide labor as well as agreed upon counterpart for implementation of project components based on awareness on integrated watershed management.

90. Since the ARB and its components were requested, prioritized by the people and validated in a series of consultations, up to the watershed level, it was understood that the PCB would deliberate towards the issuance of an endorsement for the project activities and proposed safeguard measures. Following a presentation of the final report to the PCB, an endorsement by the PCB and the NCIP will be obtained. In addition, a resolution of consent will be granted by affected indigenous people, consistent with FPIC Guidelines, during detailed planning and implementation of the project.

91. Attached is a summary of process undertaken to consult and get the consensus of stakeholders and IP representatives on the watershed interventions. Detailed documentation 12 Resettlement Plan to be prepared in detailed design phase based on Resettlement Framework in Volume 6 on Safeguards.

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is in Volume 8.

B. Consultation and Participation Plan

92. Project disclosure is an ongoing process. At pre-implementation phase, this is for disclosure and detailed planning. At implementation phase, it is to involve IPs and other participants in strategizing for implementation.

1. A summary of IPP will be translated into local IP language(s) prior to implementation.

2. Draft Indigenous People’s Plan and key information on project components and processes, social assessment findings, including likely negative impacts, shall be disclosed at a consultative meeting of IP representatives at the community level at pre-implementation and implementation phases.

3. Oral and any printed material will be in a language/style that is understandable to the indigenous people. PIBs will be in a local language using simple presentation of key information on IPP and the project. It will include key features of IPP such as key impacts and mitigation measures and procedures and contact information for grievance mechanism.

4. Meetings and dialogues will be in an atmosphere that encourages free and open discussion.

5. The Final IPP shall be presented to the concerned ancestral domain bodies, the municipal chiefs of concerned subproject and to the IP Provincial Consultative Body. Similarly, any corrective actions or updates will also be disclosed to these concerned bodies. The Ancestral Domain office and affected barangays shall be given copies of pertinent and important agreements, documents and monitoring reports. These share in the responsibility to disseminate pertinent information consistent with their processes.

6. No adverse effects are foreseen. But where applicable, the consent of affected Indigenous Peoples communities shall be ascertained consistent with IPRA’s FPIC Guidelines of 2009. This requires a Resolution of Consent. resolution of consent shall be prepared as a collective expression by affected Indigenous Peoples communities. Where this is done through the IPs recognized representatives, consensus and broad community support for subproject activities which may have an adverse effect on indigenous peoples shall first be secured through community-level disclosure.

7. Part of disclosure includes procedures for grievance redress for complaints or issues on implementation that may arise.

8. To ensure gender inclusion and sensitivity to the needs of vulnerable groups, processes or any dialogue shall have women representation of at least 30%. Vulnerable groups and affected persons shall have similar representation. Moreover, participation processes may be tailored to the needs of disadvantaged and vulnerable groups such as those whose livelihoods may be affected by forest protection and reforestation measures.

9. Copies of any agreements or key project documents (e.g. project brief, rights and responsibilities, Small Scale Mining Code, etc.) shall be translated in a language that is commonly understood by the indigenous people.

10. Updating of plans during detailed project design and in subsequent stages of implementation will check how proposals dovetail with ADSDPPs. This is in relation to such as the location of priority areas for rehabilitation and maintenance of community watersheds and protected areas, protection of wildlife sanctuaries and sacred places, mining policies of ancestral domain, review of tenure issues, informal settlers and maintenance of forest guards and checkpoints. These could be in relation to specific indigenous species or strategizing for maintenance of sacred sites, etc. In every case

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appropriate IKSP is recognized and appropriate measures included in strengthening these.

11. Community monitoring processes shall be established on ARB implementation in the Ancestral Domain. Results of monitoring shall be provided to ancestral domain management offices for proper dissemination to concerned communities through the barangays and IP Community Working Groups of each barangay.

12. The Project will submit to ADB the following documents to disclose on ADB’s website:

i) a draft IPP and/or Indigenous Peoples Planning Framework (IPPF) including social impact assessment, endorsed by the borrower/client, before appraisal;

ii) the final IPP upon completion of such documents; iii) a new or updated IPPs or addendums to IPPs, and corrective action plan

prepared during implementation, if any.

2.2.8 Capacity Building

93. Capacity building of IPs is an important area of support for the Watershed Management Plans. Special attention is on capacity building of ancestral domain managers and leaders as well as indigenous peoples’ organization such as Community Based Forest Management Associations. Budget is built into watershed management plans.

94. Capacity building of staff and partners will also be undertaken to improve their sensitivity to IP concerns.

95. A capacity building plan shall be prepared in coordination with the NCIP and ancestral domains and may include the following as identified at workshops and in ADSDPPs.

o IPs rights and responsibilities for the ancestral domain and how IP structures can perform these functions – e.g. Implementing Free Prior Informed Consent, Environmental Impact Assessment, Best Practices on Large Scale and Small Scale Mining on IP Lands, Provisions of the Indigenous People’s Rights Act and the Mining Act, NIPAS Act, Paralegal Training; transparency and improved benefit sharing from extractive industries, etc.

o Organizational strengthening (leadership and membership) of the ancestral domain structures and community organizations on financial management, conflict management, negotiating with investors, cooperative development, project monitoring and evaluation, networking and linkaging, fund sourcing, etc.

o Documentation and promotion of appropriate Indigenous Knowledge Systems and Practices, especially on biodiversity and resource management.

o Strengthening IP Organizations. With the projected entry of mining and development projects, capacity building efforts will be directed at indigenous structures in their role as ancestral domain resource managers. This includes assessing and strengthening community-based forest management organizations on forest protection, agroforestation and reforestation and livelihood development. This shall be through training and logistical support for enforcement of resource management rules. Indigenous peoples are mandated by law to receive royalties. Community Organizing can assist in establishing operating systems for this to happen in a transparent and accountable way. Education on options and best practice and training on fund management can increase the absorptive capacity of IP communities to make full use of resources in an equitable manner and in a way that promotes building of social capital shall also be addressed.

o Enhancing the NCIP’s organizational and technical capacity and building the capacity of IPs - As a facilitator of the process for Free Prior Informed Consent Process, the NCIP shall be strengthened in its capacity to recognize and analyze environmental impacts and social and cultural issues associated with

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development projects in IP areas and present these for the consideration of the IPs. NCIP personnel shall also be trained in anthropological techniques/methods. In addition, the NCIP may also need personnel who are skilled in public administration who can help reconcile the IPRA and its implementing rules and regulations with government procedures for seamless integration.

o Improving the efficiency of the Community Participation/FPIC process while simultaneously strengthening the credibility of the FPIC - Many investors are coming in. These must be subject to clear procedures on what and how and they present their side to the IPs. Capability building will be extended to NCIP in its role in the implementation of the FPIC.

o Assessing the long-term impacts of the IPRA o NCIP shall assess how the IPRA is working on the ground in terms of achieving

its overall objectives and whether it is making a positive difference for the IPs in the province and what can be done to improve attainment of targets. This impact assessment will require systematic monitoring of how ADSDPPs are being implemented and their contribution in transforming the lives of intended beneficiaries.

2.2.9 Grievance Redress Mechanism

96. Project implementers shall inform indigenous peoples and local communities and stakeholders that they may raise a grievance about issues on project implementation and on the application of this IP Plan. Affected communities shall be informed about this measure during disclosure. Procedure and contact information of established Grievance Redress Committees (GRC) at relevant levels and sub-projects shall be made available.

97. In establishing grievance mechanisms, the Project shall acknowledge existing IP and LGU grievance mechanisms and mediation bodies. At the barangay level, the Lupon Tagapamayapa can be the basis for a project grievance redress mechanism. Lupon membership can be expanded to include representation of the ancestral domain GRC. Watershed level GRC may also be established based on the same principle. This may be pertinent in cases involving IPs outside of the ancestral domain or non-IPs within the ancestral domain.

98. As a first stage, grievance or claim, as the case may be, may be filed with the grievance mechanisms that have been established in the ancestral domain sustainability, development and protection plans. These shall assist in filing grievance in writing within 15 days of receipt.

99. Established GRCs at appropriate levels shall have representation from the NCIP and will be harmonized with ancestral domain structures that are in place to handle grievance pertaining to development projects in ancestral domains.

100. Grievance and claims that are filed are included in project monitoring. If the complainant is not satisfied with the response of the GRC, the grievance may be elevated to the ARB Executive Director, whose contact information shall likewise be provided.

2.2.10 Institutional Arrangement

101. The National Commission on Indigenous Peoples (NCIP), as the primary government agency in the formulation and implementation of policies and programs to protect the rights of indigenous peoples, will be a partner in all processes involved in IPP validation and implementation. Ancestral domain management structures in the municipalities of Pantukan, Maragusan, Compostela and New Bataan will also be part of institutional arrangements on IPP formulation and implementation. An active role shall be specified for ancestral domain

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management structures in IPP implementation.

102. Mainstreaming of the project in ADSDPP plans and recognizing ancestral domain management structures in integrated watershed management strengthens IP institutions. Active IP participation promotes their inclusion in all subproject benefits, activities and training programs as key players in AD management and protection as mandated by the Indigenous People Rights Act. To ensure that this is implemented as intended, the following measures shall be undertaken:

1. Planning and implementation of the watershed management project will be in close partnership with IP organizations (e.g. CBFMA) and structures (AD managers) at the field level and with the Provincial office of the National Commission on Indigenous Peoples. Participation of the Provincial Consultative Body facilitates coordination and sharing of experience across municipal boundaries.

2. The watershed plan shall be harmonized and integrated with the ancestral domain plans at the municipal level as well as with local development plans at all levels. Harmonization of plans is a built in measure for mainstreaming, complementation and sustainability.

3. The National Commission on Indigenous Peoples (NCIP) is the primary government agency that implements policies and programs on the rights and well-being of Indigenous Peoples (IPs). It will be part of any interagency project team that will be established by the Project. Before the Project starts, a Memorandum of Agreement shall spell out terms of cooperation between the NCIP, the Department of Environment and Natural Resources (DENR), the lead implementing agency as well as other members of the team. The MOA will indicate funds flow and other protocols as well as the responsibilities of the NCIP. It will be given administrative/technical resource to assist the project team member to perform its roles and functions, including overseeing observance and implementation of IPP.

4. Partner agencies including the NCIP ensure that Gender Action Plans are established that address women participation opportunities and identified social and gender issues. Gender Action Plans shall also integrate responses to concerns on environment and population and natural resource management in coordination with other programs and offices.

5. NGOs and environmental organizations and IP advocates will be partners in capacity building of IPs and the NCIP and in advocating for reforms in benefit sharing and resource management within the ancestral domains and the Agusan River Basin.

6. A Key Biodiversity Area is in the project site. Planning for the area shall involve all concerned agencies for complementation and cooperation.

7. A Social Development/Community Organizing Specialist at the PMU and or watershed level will support the Watershed Management Unit in implementing IP Plans and social development activities. A joint community organizing and social mobilization team at the watershed level involving CO counterparts from the NCIP, DENR, the Provincial LGU’s Community Assistance and Development Section (CADS) and the MENROs of concerned municipalities shall collaborate to provide assistance in implementing IPP and watershed management plans.

8. Staff of WMU and partner agencies shall be sensitized to IP concerns including opportunities for organizational strengthening.

2.2.11 Monitoring, Reporting an Evaluation

103. The implementation of the IPP will be supervised by the DENR in close coordination with the NCIP provincial office. The NCIP and Ancestral Domain offices of the watershed

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municipalities shall also perform monitoring functions over project implementation including on consultation and safeguard measures. This will be consistent with their established project monitoring systems. Copy of reports shall be given to the ancestral domain office in addition to the IP Provincial Consultative Body, LGUs and other key partners.

104. The IPP will be monitored and evaluated regularly as part of regular project monitoring. Also benefit monitoring and evaluation (BME) will take into account the IPs requirements, as well as constraints, and address these aspects when examining the extent to which their lives were improved by Project interventions.

105. The success and sustainability of sub-projects and watershed and livelihood development initiatives will be reviewed to ensure that affected persons are not worse off, that target beneficiaries were reached, that households have the necessary capability to sustain projects and facilities, livelihood options and resource management initiatives. The results of the review will be incorporated into annual planning for each subcomponent of the Project.

106. The M&E specialist will design the M&E tools and system in order to capture project impacts on all categories of stakeholders including indigenous peoples. The results of M&E reviews will be captured in quarterly reports as well as specialized M&E reports. The M&E process will take consultations with other relevant organizations as well as feedback from stakeholders themselves, such as IP organizations and ancestral domain bodies, IP Community Working Groups, on subproject level indigenous people’s issues.

107. Participatory assessment methodologies such as focus group discussion will be used and separate monitoring by the ancestral domains of Maragausan, New Bataan, Compostela and Pantukan shall be encouraged.

108. Subproject data will be complemented by secondary sources such as community-based monitoring and other municipal statistics for the project areas. For specialized M&E studies, barangays and ancestral domain structures will be consulted for field level information. Meetings will be held with leaders and NGOs/Community Based Organizations representing causes of IPs to assess issues, impacts and options.

109. Some parameters for review are.

Representation of IPs/water source communities among beneficiaries. Social equity and access to benefits. Establishment and implementation of sustainability measures/watershed

management plan. Improvements in/role of IPs in community resource management. Budget allocation – effectiveness, efficiency of use. Sustainability of water user groups/facilities. Output of specific interventions. Level and quality of participation. Impact on IP women and affected households and vulnerable groups such as the

poor as well as minority IP groups and children miners.

2.2.12 Budget and Financing

110. Watershed Management Units costs associated with consultations and monitoring of the IPP is build into watershed, community organizing and resettlement planning budgets for the subproject.

111. On the other hand, the Project supports capacity of NCIP to perform supervision and

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monitoring functions in relation to the ARB and indigenous peoples. An annual budget is also built into the Local Social Development Budget so that NCIP can acquire technical and administrative support to allow it to perform its function of ensuring compliance with objectives and processes of IP Plan. This will be for activities such as FPIC facilitation, Information Education Campaigns, IP organization training and monitoring of ARB.

112. Allocation is also provided should assistance of a Technical Adviser or NGO be needed in strengthening Capacity of NCIP staff or for organizational development of IP organizations. Total allocation is P8,600,000 for the duration of the project for 4 subwatersheds in Compostela Valley.

113. The PMU will be responsible for making the budget available to the NCIP annually. The budget per year shall be prepared to avoid delay in the release of funds.

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ANNEX 2.3: SUMMARY OF STAKEHOLDER CONSULTATIONS WITH INDIGENOUS PEOPLES PARTICIPATION FOR UPPER AGUSAN RIVER SUB-WATERSHED

No. Activity Date/ Schedule

(2010)

Location Purpose/ Focus/Scope

1 Key informant interviews (KII)

16-19 Feb Basin wide including Agusan Marsh

Initial meetings with LGUs, indigenous people in Agusan Marsh

2 Inception Workshop 3-4 Mar Davao City Identification of key issues in ARB, and determination subproject short-list

3 Key informant interviews

2-12 Mar Compostela Valley LGUs, indigenous people

4 Workshop 25 Mar Nabuntaran Watershed management issues in Compostela valley


27-31 Mar Davao City, Comval, Agusan del Sur

NGOs, barangay and municipal officials

5 Focus group discussions and KIIs

31 May Patin-ay Institutional issues concerning Patin-ay water supply; stakeholder endorsement

6 Workshop for Agusan Marsh (first iteration)

1 Jun Patin-ay Updating Agusan Marsh Wildlife Sanctuary Management Plan (2006-2010), identification of subproject priorities, stakeholder endorsement, stakeholder roles for implementation

7 Workshops for three priority watersheds

2-3Jun Nabuntaran Site specific validation of identified project areas in Manat, Upper Agusan and Logum-Baobo sub-catchments based on prepared GIS maps; watershed project acceptability; indicative plan and investments

8 Workshop for Naboc watershed

4 Jun Nabuntaran Identify appropriate watershed activities for Naboc sub-catchment; “strategize” mining activities in the Mt. Diwata Reservation; explore financing mechanism and institutional arrangements for subproject implementation

9 Community (barangay) level consultations for watershed management

7-11 Jun Nabunturan, New Bataan, Compostela, Maragusan, Laak, Veruela and Monkayo municipalities

To expand local consultation on the proposed sub-projects

To validate output of the watershed-level consultation workshops held 2-4 Jun

To prepare a more detailed sub-project proposals

To assess social acceptability of the proposed sub-projects

10 Consultation workshop on priority watersheds’ spatial and resource information

10 Aug Nabunturan To actively involve stakeholders, particularly the DENR and LGUs, in the validation and update of on-the-ground spatial and resource information. To validate the 2003 land cover map of the four (4) priority watersheds and identify where significant changes might have occurred. To overlay the completed and on-going watershed development projects onto the validated land cover map.

13 Workshop on inter-LGU cooperation for basin water resources

27 Aug Davao review and reaffirm institutional commitments of key LGUs within the Agusan River Basin to participate and partner with national and regional technical agencies in the

40


No. Activity Date/ Schedule

(2010)


management sustainable management of the ARB; identify possible river-basin wide cooperation/partnership arrangements between key LGUs and national/regional technical agencies, for the implementation of the ARBIWRMP; and develop an action plan towards the formalisation of a river-basin wide cooperation/partnership agreement for the ARB.

Consultation with the Indigenous IP Provincial Consultative Body

27 Aug Nabunturan Present status of PPTA and initial recommendations on watershed management in ComVal subproject

14 Consultation and validation workshop on proposed watershed management subprojects

27 Sep 28 Sep 29 Sep 30 Sep

New Bataan/ Compostela (Upper Agusan) Monkayo (Naboc) Laak (Logum-Baobo) Nabunturan (Manat) Maragusan

Present the specific components of the watershed and water resources management subprojects for validation with key stakeholders; Identify potential safeguard issues/adverse impacts (especially on marginalised sectors) and discuss proposed safeguard measures to address these; and Gather the endorsement of key stakeholders of the proposed subprojects.

Note: Detailed documentation is in Volume 8 of this report. Source: PPTA Consultant.

41


2.3 WATER SUPPLY

2.3.1 Affordability

1. Results of the socioeconomic survey (SES) indicate that some prospective customers in Esperanza, Prosperidad and Nabunturan/Montevista have no income or have incomes below P4,000/month—this is true for approximately 31%+, 45%, 22% of households, respectively. It appears that households from lower socioeconomic status are a significant percentage in the service coverage area of the three water supply subprojects. An average of 57%, whether connected or not, were unable to save. Those who did usually saved less than P1,000 per month. Poverty incidence was higher than the national average of 27%, with regional poverty thresholds pegged at over P6,000/month per family. Universal individual connection may therefore not be expected. Moreover, 8.3–14% of respondents have issues on land tenure and permanency, although most expressed an interest to connect.

2. Willingness to connect, and connection charges. The SES determined willingness to pay for piped water for both connected and unconnected households. There was willingness to connect in all subproject sites. In Prosperidad, 53.4% were willing to connect as against 34% who were not interested to do so. A significant 13% was willing, but considered themselves unable to afford connection charges. Most wanted to pay no more than P150 per month. Esperanza had a higher rate of interest to connect at almost 87% but most wanted to pay no more than P100 in monthly bills. Almost 14% said they wanted to connect but did not expect to be able to pay for the services. In the case of Nabunturan/Montevista, 65% were interested to connect; another 34% were also interested but did not think that they would be able to afford connection charges. About 30% were willing to pay no more than P50 while 60% thought P100 per month was still affordable.

3. Results indicated a correlation between income and willingness to pay. Among the poor households, connection charges appeared to be a major deterrent to wanting to get connected. Strategies are recommended to be adopted in view of this. This may include extending the payment period for connection charges—such as up to six or more months to be added to the monthly bill.

4. Affordability of monthly bill. Another challenge is on ensuring affordability of the monthly bill. The survey showed that beyond P150 willingness to pay dips. A strategy to ensure willingness to pay by the poor households will be formulated. Education on water conservation can also make water service more affordable through efficient use.

5. Provision for vulnerable groups. The project will improve access to safe water for all. Measures will be put in place for inclusive service coverage of poor and vulnerable households such as women-headed households or where there are concentrations of indigenous peoples. Provisions for communal taps for extremely poor households are included for each of the three case study sites for as long as there are 10-15 households living near each other.

6. For those that live too far apart from each other, individual connection could be provided as long as the community (i.e., water user group) can guarantee for the individual household. Therefore, even if individual connection is available for poor households, membership to a community water user group will be made a requisite to coverage.

2.3.2 Consultation and Participation

7. Consultation and participation of stakeholders, especially of potential poor household customers in low income communities, will be pursued. During project implementation, continuing consultation and participatory activities will be carried out. Poor households will be

42


organized to ensure the viability of the option(s) they have chosen to avail of a water service and maintain the financial sustainability of the scheme.

8. Furthermore, a customer relations service will be a continuing undertaking of water districts (WD)/ municipal water works to attend to the concerns and respond to complaints of the community and the customers in general. This program will also provide continuing information and education campaign support to keep the public abreast of the general intent of the project and the status of its implementation to improve WD/ municipal water works image and eventually attain universal coverage with a piped water system. A consultation and participation plan will be formulated to guide water supply pilots in the conduct of these various activities which will improve the participation of communities in system installation and maintenance, including non-revenue water reduction.

2.3.3 Gender

9. Women participation is a basic requisite to ensure success of the project’s social strategy. Women are the primary stakeholders of water supply services (WSS) at household and community levels. Low standards of public and environmental health are a particular concern for women, as they are caretakers of household health. There are women officials but generally few women are involved in decision making in the municipalities. The input of women in identifying community priorities is limited.

10. Disaggregation of SES data shows that women-headed households represent 21% (Esperanza) to over 30% (Nabunturan and Prosperidad) of households. About half do not have access to safe water. The project will ensure that they are informed and targeted for assistance provided to low income households—which may include the extension of the payment period of connection charges, or being within the service area of communal water stands.

11. A Gender Action Plan (GAP) has been formulated to provide measures to address issues concerning women participation in the project and enhance capabilities to sustain such efforts. The GAP has been formulated to also maximize project benefits for women. The GAP identifies the role of women in the project design, implementation, operation, and maintenance. Women will be properly represented in various committees, including coordination water and sanitation committees. Their role in livelihood development can also be encouraged where water tending can be a social enterprise in low income communities. Their role in watershed management shall also be reinforced in the GAP.

2.3.4 Loss of Water Sources

12. Degradation of water sources is likely to affect future water supply and pricing. The water districts/ municipal water works will ensure sustainability of water sources by allocating funds and maintaining programs that promote watershed management. There is a budget of P60,000 for Prosperidad. Nabunturan WD has a MOA with DENR for the delineation of a watershed to be maintained by the WD. Barangay in Esperanza maintain barangay forests to protect water sources. These watershed management efforts shall be enhanced and institutionalized.

2.3.5 Resettlement

13. Mitigating measures for those who are likely to be negatively affected by specific components of the project are also proposed, though land acquisition and resettlement are not expected in relation to the construction of storage reservoirs and new pipelines. Most of the proposed facilities are planned to be accommodated in government-owned lands and will

43


not require relocation. Where land acquisition and resettlement may be required, resettlement plans will be prepared following ADB’s 2009 Safeguard Policy Statement 2 on Involuntary Resettlement.

14. Special assistance to vulnerable households. Vulnerable households are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement. These are households headed by women with dependents, disabled household heads, households falling under the generally accepted indicator for poverty, women, children and elderly who are landless and with no other means of support, landless households, indigenous peoples. Particular attention will be given to poor and vulnerable households during pre-implementation and implementation phases. Separate consultation meetings will be conducted with these households and women groups on specific resettlement concerns, such as compensation and entitlements, rehabilitation of livelihoods and relocation as relevant. All public information and consultation meetings will ensure that vulnerable households are present.


3. INITIAL ENVIRONMENTAL EVALUATION OF AGUSAN MARSH SUB-PROJECT


i

INITIAL ENVIRONMENTAL EVALUATION OF AGUSAN MARSH SUB-PROJECT

List of Contents Page Glossary and Abbreviations v Location Maps vii 1. Introduction .............................................................................................................. 1 2. Description of the Project ........................................................................................ 2

2.1 Overall Project Framework ..................................................................................... 2 2.2 Project Benefits, Impacts, Assumptions and Risks ................................................. 7 2.3 Sub-project for Conserving Biodiversity in the Agusan Marsh Wildlife

Sanctuary ............................................................................................................... 7 2.3.1 Objectives ................................................................................................... 7 2.3.2 Components ............................................................................................... 9

3. Description of the Environment ............................................................................ 22

3.1 River Basin Context .............................................................................................. 22 3.2 Physical Resources .............................................................................................. 25

3.2.1 Climate ..................................................................................................... 25 3.2.2 Rainfall, Temperature and Humidity .......................................................... 26 3.2.3 Geology .................................................................................................... 26 3.2.4 Topography and Soils ............................................................................... 28 3.2.5 Agusan River System ............................................................................... 28

3.3 Watershed Condition ............................................................................................ 34 3.4 Water Quality........................................................................................................ 35

3.4.1 Water Quality Measurements.................................................................... 35 3.4.2 Sources of Pollution – External to the Marsh ............................................ 37 3.4.3 Sources of Pollution – Internal to the Marsh.............................................. 38

3.5 Biological Resources ............................................................................................ 39 3.5.1 Biodiversity Profile of the Philippines ........................................................ 39 3.5.2 Biodiversity Profile of the Agusan River Basin .......................................... 39 3.5.3 Agusan Marsh .......................................................................................... 41 3.5.4 Ecosystem Functions and Services of Agusan Marsh ............................... 49 3.5.5 The Agusan Marsh Wildlife Sanctuary Management Plan......................... 50

3.6 Human Resources ................................................................................................ 52 3.6.1 Populations and Settlements .................................................................... 52 3.6.2 Indigenous peoples ................................................................................... 54 3.6.3 Livelihoods................................................................................................ 55 3.6.4 Income and Poverty Incidence .................................................................. 55 3.6.5 Public Health ............................................................................................ 56 3.6.6 Education ................................................................................................. 57 3.6.7 Physical or Cultural Heritage .................................................................... 57 3.6.8 Current Use of Lands and Resources for Traditional Purposes by

Indigenous Peoples .................................................................................. 57 3.7 Economic Development ........................................................................................ 58


ii

3.7.1 Transportation (Roads, Harbors, Airports, and Navigation) ....................... 58 3.7.2 Agricultural Development ......................................................................... 58 3.7.3 Land Use and Land Use Change .............................................................. 60 3.7.4 Power Sources and Transmission ............................................................ 62 3.7.5 Mineral Development ................................................................................ 63 3.7.6 Tourism Development and Facilities ......................................................... 63 3.7.7 Infrastructure Facilities .............................................................................. 64

4. Screening of Potential Environmental Impacts and Mitigation Measures .......... 69 5. Institutional Requirements and Environmental Monitoring Plan ........................ 82 6. Public Consultation and Information Disclosure ................................................. 85

6.1 Stakeholder Consultation Program ....................................................................... 85 6.2 Stakeholder Consultation Methodology ................................................................ 86 6.3 Stakeholder Analysis ............................................................................................ 87 6.4 Information Disclosure .......................................................................................... 90

7. Findings and Recommendation ............................................................................ 90 8. Conclusions ............................................................................................................ 92 Figures 2.1 Agusan River Basin Problem Tree, with Agusan Marsh Issues Circled 3 2.2 Map of Agusan Marsh showing Areas proposed for SPZs 12 2.3 Map of Agusan Marsh Showing Location of Key Areas of Eco-tourism Interest 20 3.1 The Agusan River Basin 23 3.2 Agusan Marsh with Present and Proposed Extent of the Wildlife Sanctuary 25 3.3 Geology of the Agusan River Basin 27 3.4 Profile of the Agusan River 29 3.5 Catchments of Tributaries of the Agusan 30 3.6 Mean Monthly Flow Contributions of Tributaries Flowing into the Agusan Marsh 31 3.7 Monthly Average Flows through the Agusan Marsh 32 3.8 Agusan River Flood Inundation 33 3.9 Hydrograph of Agusan River during 30 year Flood Event, showing Effect of Agusan Marsh 34 3.10 Eastern Mindanao Biodiversity Corridor 40 3.11 Land Cover Map of Agusan Marsh 43 3.12 Habitat Maps of the Potential Distribution of Globally Threatened Species within the Agusan Marsh KBA 48 3.13 Forest Cover outside the Agusan Marsh KBA 61 3.14 Oil Palm Plantations Surrounding the Agusan Marsh KBA 62


iii

Tables

2.1 Components, Outputs and Outcomes of the Proposed Agusan Marsh Sub-project 8 2.2 Suggested Special Protection Zones to be Delineated in the Sub-project 11 2.3 Barangays Selected for CBSWM Program 17 2.4 Eco-tourism Destinations, Products and Infrastructure 21 3.1 Municipalities and Villages lying inside the Greater Agusan Marsh Area 24 3.2 List of Tributaries 29 3.3 Dependable Flow in Sub-Basins 30 3.4 Flood Design Discharges in the Tributaries of the Agusan Marsh 32 3.5 Results of Water Quality Monitoring above and below Agusan Marsh 36 3.6 Land Cover Classes of Agusan Marsh 43 3.7 Goals and Objectives of Agusan Marsh Wildlife Sanctuary Management Plan 51 3.8 Populations of the Municipalities Surrounding the Agusan Marsh 53 3.9 Current and Projected Numbers of Floating Households in Agusan Marsh 54 3.10 Populations of Indigenous Peoples in Municipalities surrounding Agusan Marsh 55 3.11 Medical Facilities in Agusan Marsh Municipalities 57 3.12 Rice Production in the Agusan del Sur Municiplalities 59 3.13 Major Oil Palm Growers in Caraga within the Agusan River Basin 59 3.14 Area planted to Oil Palm in Agusan del Sur within the Agusan River Basin 60 3.15 Number of HH served with Level III in 2007, Municipalities around Agusan Marsh 65 3.16 Households with Access to Sanitary Toilet by Municipalities, 2009 66 3.17 Projected Solid Waste Generation of Agusan Marsh Area 67 3.18 Projected Recyclable Wastes Generation of Agusan Marsh Area 68 4.1 Matrix of Opportunities and Risks Associated with each of the Components of the Agusan Marsh Sub-project 70 4.2 Matrix for Initial Assessment of Economic Resettlement Associated with Delineation of SPZs 74 4.3 Tourism Infrastructure, Impacts and Mitigation Measures 76 4.4 Estimates of Maximum Day and Overnight Visitor Numbers 79 4.5 Socio-economic Impacts and Mitigation Strategies of Agusan Marsh Sub-project 81 5.1 Matrix of Project Activity, Potential Impact and Monitoring/Management Measures 83 6.1 Stakeholder Consultations of Relevance to Agusan Marsh 85 6.2 Stakeholder Analysis - Agusan Marsh 88 Annexes 1 Species Lists of Fauna in Agusan Marsh 93 2 ADB Checklists of Potential Impacts 113 3 Situation of access Road leading to Mambalili to be Rehabilitated by Bunawan Municipality 118


iv

4 List of Organizations Consulted in Preparation of Agusan Marsh Sub-project 120 5 Information received from Marsh Communities during Focus Group Discussions 121


v

GLOSSARY AND ABBREVIATIONS

ABD Asian Development Bank ADSDPP Ancestral Domain Sustainable Development Protection Plan amsl above mean sea level AP affected person ARB Agusan River Basin AMWS Agusan Marsh Wildlife Sanctuary barangay traditional neighborhood BWSA Barangay Water and Sanitation Association CADC certificate of ancestral domain claim CADT certificate of ancestral domain title CBFMA community based forestry management agreement CBO community-based organization CDD community-driven development CENRO Community Environmental and Natural Resources Officer Cu.m/sec DARFU

Cubic metres per second Department of Agrarian Reform

DAO DENR Administrative Order DENR Department of Environment and Natural Resources DOH Department of Health DPWH Department of Public Works and Highways DTI-BOI Department of Trade and Industry – Board of Investment EA executing agency EARF environmental assessment review framework ECC environmental clearance certificate EIA environmental impact assessment EMB Environmental Management Bureau EMP environmental management plan FGD focus group discussion FLUP forest land use plan FS feasibility study GEF Global Environmental Facility GIS geographic information system GOP Government of the Republic of the Philippines HDI Human Development Index HH Household HRD human resources development IA implementing agency IEC information-education-communication IEE initial environmental examination IEER Initial environmental examination report IP indigenous people/person IPDP indigenous peoples’ development plan KABP knowledge-attitudes-behavior-practices KBA key biodiversity area KFP an adaptation of KAP (knowledge, attitudes and practices) LDCC local development coordinating council LG local government LGC local government code LGU local government unit LIDAP local institutional development action plan l/s liters per second LWUA Local Water Utilities Administration MDFO Municipal Development Fund Office MDG Millennium Development Goals M&E monitoring and evaluation MENRO Municipal Environment and Natural Resources Office, part of LGU MPA Methodology for Participatory Assessments MRF materials recovery facility


vi

NAPC National Anti Poverty Commission NCIP National Commission on Indigenous Peoples NEDA National Economic Development Authority NGA national government agency NGO non-government organization NLA national line agencies NSCB National Statistical Coordination Board NSO National Statistics Office NSWMC National Solid Waste Management Commission NWRB National Water Resources Board PA protected area PAM project administration manual (ADB) PAMB Protected Area Management Board PD presidential decree PENRO Provincial Environment and Natural Resources Office (of LGU) PIU project implementation unit PL protected landscape QC quality control QM quality management RBO river basin organization RDCC regional development coordinating council RG regional government RRP report and recommendation of the president (ADB) RWSA Rural Waterworks and Sanitation Association SES socioeconomic survey SP sangguniang panlalawigan (provincial legislature) SWM solid waste management WHO World Health Organization WQ water quality WS water supply WSP water service provider WSS water supply and sanitation WTP willingness-to-pay


vii

Location Map


viii

Map of Agusan River Basin

Agusan Marsh Wildlife

Sanctuary


1

1. INTRODUCTION

1. Conserving the Biodiversity of the Agusan Marsh Wildlife Sanctuary is a sub-project of the Agusan River Basin Integrated Water Resources Management Project, the majority of which will be funded in part through a GEF grant. In the description below, the overall ARB IWRM project is described to provide the context, and then the components of the Agusan Marsh sub-project are detailed.

2. The Agusan Marsh sub-project is located in eight municipalities of Agusan Del Sur on the island of Mindanao, Philippines, surrounding the Marsh. Agiusan Marsh has a total area of over 111,000 ha, of which the enlarged Agusan Marsh Wildlife Sanctuary will have an area of about 40,000 ha.

3. The Agusan Marsh sub-project is essentially a biodiversity conservation and livelihoods type of project that requires a process approach in its implementation with much of the detailed design of activities being developed in consultation with the key stakeholders and communities living in the Marsh. It also requires adaptive management both of the activities and in the overall management of the Marsh’s biodiversity.

4. The project addresses both conservation need such as establishing special protection zones in the protected area, and species conservation plans, replanting of vegetation and biodiversity and environmental monitoring. It aims to educate and raise awareness of the need for conservation and environmental management, and addresses livelihood issues through four types of initiative – improving health by the provision of safe drinking water, improved sanitation facilities and soild waste management in the municipalities surrounding the Marsh, and through the creation of income generating activities associated with ecotourism.

5. The sub-project addresses environmental conservation issues within the Marsh, but the integrity of the Marsh is equally determined by deforestation and land use change outside the Marsh, affecting its hydrology and erosion, and activities such as gold mining in the upper parts of the catchment that increase sediment transport and heavy metal contamination. Other sub-projects in the upper catchment are essential for dealing with these issues, and one of the biggest risks is that failure to address these external issues will undermine the efforst to conserve the Agusan Marsh ecosystems and its biodiversity.

6. Likewise the Marsh provides critical ecosystem services for the river basin as a whole, in addition to being a reservoir and sanctuary for biodiversity. Without the ecosystem integrity of the Marsh, its role in flood mitigation and management downstream would be seriously impaired, with implications for Butuan city. The Marsh also acts to purify the waters coming from the catchment, acting as a sink for heavy metals, and for the deposition of sediment. The peat swamps are also significant carbon sinks, and contribute to mitigation of climate change.

7. The overall project proponent is DENR, and the Agusan Marsh sub-project would be implemented by the Agusan del Sur PENRO through the Agusan Marsh PASu, based in Bunawan. The LGUs from each of the eight municipalities surrounding the Marsh would also play a significant role in implementing especially the water supply, sanitation and solid waste management aspects.

8. This IEE considers the environmental and social impacts of the Agusan Marsh sub-project. As is to be expected in an assessment of a project that is focused on conservation and environmental improvement, linked with livelihood enhancement, the impacts are expected to be generally positive, with negative impacts often arising out of failure of the initiatives rather than from the initiatives themselves. In this respect the IEE takes the form of


2

an assessment of opportunities and risks, rather than a strict assessment of impacts. The resulting EMMP focuses therefore on monitoring and management of these risks.

9. The IEE was developed by the PPTA Team between August and October 2010, in collaboration with the PASu office, and following extensive consultations with all the municipalities and communities living in and around the Agusan Marsh. Their assistance and ideas in developing the sub-project and assessing the impacts is appreciated.

2. DESCRIPTION OF THE PROJECT

2.1 OVERALL PROJECT FRAMEWORK

10. The Agusan River Basin (ARB) is one of the largest and most important river basins in the Philippines. Its 10,921 km2 area includes the 40,000-ha biodiversity-rich Agusan Marsh Wildlife Sanctuary which has been designated as Wetland of International Importance under the 1971 Ramsar Convention. In October 1996, it was declared a protected area.

11. Given its importance, however, the basin’s ability to deliver on a sustainable basis the benefits derived from its varied natural resources is being threatened by a host of activities that degrade its land, forest, water, and biodiversity resources. Deforestation; conversion of forest lands to agricultural lands; widespread and unregulated small-scale mining, especially in the upstream; illegal use of toxic chemicals such as mercury and cyanide, and the indiscriminate discharge of mine tailings for lack of impounding and treatment facilities; unrestrained movement of people and their encroachment into other areas; in-migration spawned by the economic attraction of mining and similar undertakings—are wrecking havoc on the entire basin. These activities inevitably cause soil erosion that leads to sedimentation of waterways, flooding, pollution of rivers, degradation of the environment, and reduction in the overall capacity of the basin to provide vital ecological benefits. Weak enforcement of laws and the lack of an institutional mechanism to coordinate, plan, manage, implement consistent policies and programs, and police the whole basin, contribute to the worsening of the environmental situation in the area.

12. As defined in the TOR, the PPTA objectives were (i) to strengthen the institutional basis for coordinated development and management of basin resources and advance the management capacities of relevant institutions, and (ii) to develop a prioritized list of investments for consideration by ADB. The basic intent of the project is to place ARB under comprehensive management through the active partnership among LGUs, communities, national government agencies and other stakeholders to ensure optimum utilization and sustained delivery of benefits, while improving the socio-economic well-being of the impoverished communities that are directly dependent on agriculture and natural resources within the basin.

13. The Agusan River Basin Integrated Water Resources Management Project (the “project”) is therefore designed following the framework and principles of integrated water resources management (IWRM). It identifies activities and investments based on a clear understanding of the interactions among the various resources (land, forest, water, etc.) and the requirements to ensure long-term sustainability of the benefits derived from them. The relationships are depicted in the problem tree shown in Figure 2.1.

3


Figure 2.1: Agusan River Basin Problem Tree, with Agusan Marsh Issues Circled

Source: PPTA Consultant

IMPACTS

PROBLEM

CAUSES

LOSS OF INCOME, WELFARE AND ECONOMIC OPPORTUNITIES

Declining agricultural productivity

Rising incidence of water-related diseases

DETERIORATING WATER QUALITY AND REDUCED WATER FLOW, LOSS OF BIODIVERSITY AND DEGRADED NATURAL RESOURCES THAT THREATENS AGUSAN RIVER BASIN'S LONG-TERM ENVIRONMENTAL AND ECONOMIC VALUE

Lack of coordinated, holistic planning and management of

the basin

Siltation of waterways and

irrigation facilities

Butuan City flooding

Habitat destruction

(Agusan Marsh)

Lack of an integrated water

resources management (IWRM) plan

Forest degradation

Illegal logging

Rampant slash and burn (kaingin)

Unregulated mining and unrestrained movement of people to new/ prospective

mining sites

Soil erosion

Poor management of upland agriculture; ef fect of agricultural chemicals

Conversion of forest to plantations and upland agriculture

Socio-economic losses due to f looding

Socialconflicts

Loading of mining wastes into streams

Lack of access to basic services

Lack of ef fective law enforcement,

and weak regulation

Lack of public knowledge and appreciation of

IWRM

Inadequate decision-support

systems(hydrological monitoring network,

database, f lood forecasting, etc)

Poor information and

communication inf rastructure

Lack of institutional

coordinating/ management mechanism

Poor institutional capacity of LGUs

and concerned institutions

Inequitable access to and benef its f rom

use of natural resources

Legal instruments on land use control

involving businesses, communities and

indigenous peoples are not effectively applied

Ineffective implementation of

ancestral domain law and plans, resulting in

conf licts between indigenous peoples

and new entrants

Land conversion to agriculture and

other uses

Inadequate sanitation systems and solid waste

disposal facilities

Inadequatesurveillance and

protection

Wildlife poaching

Lack of knowledge in planning,

design, implementation

and management

Inadequatecapacity, and LGU access to f inance

Lack of investments in water supply, sanitation and

solid waste management

Low tarif fs and cost recovery

Insuf f icientcapacity of

existing drainage inf rastructure to cope with most

stormwater runof f

Insuf f icientnumber and capacity of

stormwater inlets to capture f lows into the drainage

system

Blockages in drains due to

accumulation of solid waste and

sediment

Restricted access to traditional resources by

indigenous people

Land use changes

Low lying areas which cannot be drain naturally by

gravity f low

Lack of maintenance

Lack of proper planning to

address drainage problems in a holistic way

Unrestrained in-migration and mobility

of people

Lack of investments in alternative income/

livelihood opportunities

Lack of treatment and disposal facilities for mine tailings, including use of

mercury and cyanide

Soil erosion and sedimentation of

the Marsh

Inadequatesanitation and

solid waste management

Reduced biodiversity and value of natural resources

Reduced income, and increased poverty

Poverty

4


14. Based on an analysis of the inter-locking problems confronting the ARB, the continuous “deteriorating water quality and reduced water flow, loss of biodiversity and degraded natural resources that threaten Agusan River Basin's long-term environmental and economic value” is identified as the imminent core concern that must be addressed in the long term, as shown in the problem tree (Figure 2.1). This core problem is brought about by a host of interrelated causes among them the following:

o Lack of coordinated holistic planning and management of the basin. o Social conflicts. o Watershed deterioration. o Water quality deterioration. o Irrigation water shortages. o Agusan Marsh deterioration o Lack of access to basic services. o Flooding.

15. The process of assessment and prioritization of the subproject long-list was conducted during the Inception Workshop with the ARB stakeholders held in Davao City on March 3-4, 2010. Using the approved evaluation criteria and scoring matrix for the prioritization of subprojects, the following high priority subprojects were short-listed:

(i) upper basin integrated watershed management; (ii) rehabilitation of Naboc River sub-catchment; (iii) conserving biodiversity in the Agusan Marsh Wildlife Sanctuary; (iv) indigenous people development (implementation of ADSDPP in a pilot site); (v) improvement of municipal water supply systems; (vi) implementation of updated Butuan City drainage master plan; (vii) development of ARB coordination mechanism (river basin management

institutional framework); (viii) institutional strengthening and capacity building; (ix) upgrading of hydrological monitoring network and database; and (x) upgrading of regional laboratory facilities.

16. Based on the Inception Workshop, the problem tree analysis, the extensive consultations with various stakeholders, and the Draft Final Report Workshop held in November 2010, the proposed subproject investments are grouped into the following outputs:

1. ARB Governing Board effective in coordinating basin development and utilization. 2. River water quality and watershed conditions improved. 3. Integrated ecosystem management of Agusan Marsh established. 4. Local social development and indigenous people development plans implemented. 5. Water resources, flood management, and water supply and sanitation infrastructure

improved. 6. Project management capacity strengthened.

17. ARB Governing Board. The establishment of an effective river basin management body will underpin the whole project. The water and environmental problems in the Agusan River Basin can only be solved by means of an integrated approach involving both upstream and downstream key stakeholders and decision makers working together in a coordinated/ cooperative way, with reference to the principles of intergrated water resources management (IWRM) and the linkage between the effects of upstream developments on downstream water users. A sustainable institutional framework which is recognized and actively supported by local decision making authorities is crucial for effective river basin coordination and management.

18. This aspect was discussed during the workshop on 27 August 2010 on inter-LGU cooperation for the sustainable management of the Agusan River Basin, when there was

5


unanimous reaffirmation of commitment from the provincial LGUs, Butuan City, DENR regional offices and other relevant national line agencies for the formation of such an institutional framework and management body. The participants proposed the name for the management body to be the “Agusan River Basin Governing Board”, with its terms of reference aimed at strengthening the basic mandate of LGUs and NGAs and the existing upper, middle and lower Agusan River operational arrangements. The participants agreed to pass SP (legislative council) resolutions to enter into agreement/cooperation for the effective management of the Agusan River Basin and to authorize the LGU chief executives to sign a memorandum of agreement (MOA) or memorandum of understanding (MOU). The MOA/ MOU will be discussed after the approval of the resolutions and issuance of the Executive Order (EO) from Office of the President.

19. Improvement of river water quality and watershed conditions. This output recognizes the need to mitigate soil erosion and pollution of the river system from forest denudation, destructive mining activities in the upstream parts of the basin, and domestic solid waste. The output also aims to improve the microclimatic conditions of identified critical watersheds and their ability to contribute to climate improvement through increased carbon sequestration and oxygen generation by means of restoring vegetative covers. Priority watersheds will initially be targeted for rehabilitation in Compostela Valley Province (Upper Agusan watershed, Manat watershed, Logum-Baobo watershed, and Naboc watershed). Selected priority watersheds in the middle and lower parts of the basin could possibly be included later during project implementation depending on funding availability and economic viability.

20. The integrated plan for the rehabilitation of the watersheds includes a combination of reforestation, assisted natural regeneration, agro-forestry, communal forestry, and establishment of protection/wildlife sanctuary; land use delineation; alternative livelihood programs; and an information/education/ communications (IEC) program. Specific activities in Compostela Valley Province are the establishment of 12,150 ha of agro-forestry farms of various schemes of fast-growing and non-perennial crops in all four priority watersheds involving IPs and local communities, 15,630 ha of reforestation areas of predominantly fast-growing tree species, 6,354 ha of production forests, and vegetative enhancement of some 13,500 ha of existing protection forests and ANR areas involving mostly dipterocarp and other climax species. Complementary outputs are the generation of land use plans (FLUPs) and social development for IPs through implementation of their ancestral domain development plans.

21. In the case of Naboc watershed, the investments will also focus on the establishment of a mine tailings dam and the dredging/desilting of the Naboc River in addition to the various revegetation measures. Similar but smaller mine tailing ponds are also planned in the area in the Upper Agusan and Manat watersheds to accommodate the mine tailings disposed of by small-scale miners.

22. Integrated ecosystem management of Agusan Marsh. The improvement of the environmental condition of the upper watersheds and reduction of pollutants will have an effect on the immediate downstream area of the Agusan Marsh. The output includes investments to enhance the biodiversity capacity of the Marsh that is being threatened by continuing sedimentation and pollution of water because of upstream mining and land use changes; lack of proper sanitation and solid waste disposal systems; land use conversions; soil erosion and wildlife poaching.

23. Specific activities include: demarcation of strict management zones for biodiversity conservation; establishment of rainwater supply-cum-sanitation facilities in six pilot floating villages in the Marsh, including materials recovery and plastic wastes melting facilities in the eight municipalities bordering the Marsh; and establishment of facilities and programs to

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promote ecotourism in the Marsh.

24. Local social development and indigenous people livelihood development. A Local Social Development Plan, which includes improving the livelihoods of indigenous people (IP), supports the watershed rehabilitation and biodiversity conservation subprojects. It is a cross-cutting intervention which acknowledges that social, environmental, institutional and biophysical factors are closely linked in resource management.

25. IPs are the predominant inhabitants of both the watershed management priority areas and the Agusan Marsh, and will be integral to the successful implementation of the proposed interventions. The output will focus on investments to improve the well-being of IPs through the provision of income/livelihood opportunities, securing tenure, and enhancing the groups’ capacity to develop and manage their ancestral domain.

26. Improvement of water resources, flood management, and water supply and sanitation infrastructure. This output includes investments to improve the drainage system in Butuan City, and the municipal water systems in 17 municipalities located throughout the basin.

27. Occurrence of flooding in Butuan City occurs exacts a heavy toll in terms of economic and physical losses. Investments in drainage improvement under this output are expected to result in the improvement of the drainage system in Butuan City and reduction in annual flooding within the city. Specific investments include the construction of some 11,000 linear meters of trapezoidal drain channels, 3,200 linear meters of rectangular drain channels and about 78,000 linear meters of rectangular drain roads. A total of six pumping stations and flood gates will also be constructed.

28. Access to potable water supply within the basin is currently very low and incidences of water-related diseases have been reported in the area. The outputs expected from investments in water supply are the expansion of the existing water supply facilities which would accommodate a total of 7,015 additional new service connections (Esperanza 2,098, Prosperidad 4,117 and Nabunturan 800), and reduced non-revenue water in the three case study systems. The expansion will involve some 6,800 m3 of additional supply (Esperanza 1,766 m3/d, Prosperidad 1,909 m3/d and Nabunturan 3,124 m3/d) to be sourced mainly from 16 additional deep wells (Nabunturan and Esperanza) and 2 spring boxes (Prosperidad). In the other 14 water supply systems, it is estimated that will be about 35,000 new house connections (about 209,400 benficiaries).

29. There will be a need to upgrade the hydrological monitoring network and database to provide better information on water flow parameters and to assist with decision making on the equitable allocation and management of water resources, and for the upgrading and equipping of existing EMB regional laboratories in Regions XI and XIII to more effectively perform and expand water quality testing and similar services.

30. Strengthening of project management capacity. Specific activities from the investments under this output include the implementation of a capacity building program for existing institutions; and the establishment of an integrated communications technology network linking the LGUs, the Project Management Unit (PMU) and other institutions involved in basin operation and management.

31. Assistance for project implementation and capacity building will be provided to the project management unit (PMU), project management sub-units and project implementing units (PIU) by consulting services packages.

32. The output will also include the procurement of office and field equipment, vehicles

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and other implementation support facilities.

2.2 PROJECT BENEFITS, IMPACTS, ASSUMPTIONS AND RISKS

33. The overall goal or desired impact of the project is to ensure a sustained flow of benefits and improvements in water and other resources of the Agusan River Basin, reduce poverty and improve the socio-eonomic well-being of the people living within the area.

34. Establishing an institutional framework for coordination and management of activities for the entire basin will be an important pre-requisite for achieving this goal.

35. Investments will improve the flow and quality of water in the river system across the basin, increase the vegetative covers of four critical priority watersheds upstream, enhance the biodiversity capacity of the Agusan Marsh and forests, and reduce toxic waste discharges of mining operations. Indigenous peoples (IP) will play an importasant part in the implementation of these activities. Sustainable improvements are expected to be realized through investments in improving the living conditions of IPs by providing them alternative livelihood opportunities, ensuring security over their ancestral domain lands, and strengthening their capacity to manage their land and other resources.

36. Infrastructural developments will improve the drainage system in Butuan City in order to mitigate flooding and its impact on the city’s population and resources, and the water supply systems in 17 municipal capitals.

37. The direct beneficiaries will include IPs and other settlers in the priority upper catchments and Agusan Marsh who will benefit from increased biodiversity, fisheries and forest resources due to reduced pollution, reduced sedimentation, and improved vegetative covers. Downstream domestic and non-domestic users of water will benefit from the reduced danger of toxic chemical contamination from mining activities upstream. In urban areas households will gain access to improved water supply systems, and Butuan City residents will experience reduced incidence of flooding.

38. Because of the ambient nature of the impact of reforestation and other re-vegetation measures in critical watershed areas, the benefits of improved microclimatic and ecological conditions in terms of cooler temperature, reduced carbon dioxide emission and increased oxygen production will be widely felt across and beyond the basin boundaries. These benefits will be in addition to the more tangible impact of reduced soil erosion and productivity improvements that are expected from these types of investments.

2.3 SUB-PROJECT FOR CONSERVING BIODIVERSITY IN THE AGUSAN MARSH WILDLIFE SANCTUARY

2.3.1 Objectives

39. The proposed sub-project is aimed at the sustainable management of natural resources to protect globally significant biodiversity in the Agusan Marsh Wildlife Sanctuary. The specific objectives include the following:

a) To establish the management zones of the AWMS as mandated under the revised Implementing Rules and Regulations of the NIPAS Law.

b) To implement on-site conservation measures c) To develop compatible nature tourism activities involving local communities and

IPs;

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d) To develop and implement low-cost sanitation and solid waste management facilities and potable water supply;

e) To increase the awareness of communities in the AMWS as well as in the surrounding watersheds about the functions and services provided by this important wetland.

f) To strengthen the capacity of the Protected Areas and Management Board, the IPs and other key stakeholders in the management of the AMWS.

40. The components which contribute to achieving these objectives are:

Species and Habitat Protection and Rehabilitation Capacity Building Communication, Education, Participation and Awareness Health, Water and Sanitation Ecological Solid Waste Management Nature Tourism Activities Climate Change Mitigation and Adaptation

41. The Matrix of component, outputs and outcomes is presented in Table 2.1. These are described in greater detail below.

Table 2.1: Components, Outputs and Outcomes of the Proposed Agusan Marsh Sub-project

Component Output/s Outcomes

1. Species and Habitat Protection and Rehabilitation

a) Management Zoning (Strict Protection Zone and Multiple Use Zone) designated for the AMWS

Improved management and protection of the AMWS; improved water quality management in the basin and the coastal areas and biodiversity corridors within the Coral Triangle; Biodiversity in the AMWS conserved.

b) In-situ species conservation measures c) Rehabilitation of degraded areas through revegetation and planting d) Expanded Biodiversity Monitoring System e) Regular Water Quality Monitoring Reports

2. Capacity Building

a) Capacity Development Plan and Implementation

Improved management and protection of the AMWS; PAMB strengthened; IPs empowered and capacitated

3. Communication, Education, Participation and Awareness (CEPA)

a) Establishment of a Wetland Educational Centre (also hosting the PASu office) b) Modules and Educational Materials for the CEPA Program of the Centre

Communities/Key stakeholders appreciate value of AMWS; more effective and informed participation of key stakeholders in decision-making and management of AMWS; increased livelihood opportunities due to additional job/livelihood opportunities in the Centre; preservation of natural heritage in the AMWS through the establishment of a museum of natural history of the AMWS

4. Health, Water and Sanitation

a) Appropriate, low-cost sanitation facilities developed and implemented on a pilot-scale in selected local communities in the AMWS.

Improved potable water supply and sanitation facilities; reduced incidence of water-borne diseases;

b) Appropriate and low-cost rainwater

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Component Output/s Outcomes

harvesting facilities developed and/or adopted for selected the AMWS communities. c) Floating health centers in strategic sites in the AMWS established.

5. Ecological Solid Waste Management

a) An operational Community-Based Solid Waste Management Program.

Improved solid waste management by the target communities; reduced solid waste in the marsh

6. Nature Tourism Activities (Eco-tourism)

a) An Ecotourism Master Plan for AWMS developed.

Communities empowered; livelihood opportunities generated; increased income for communities; Tourists continuing to visit the Marsh, appreciating and learning from the experience;

b) Infrastructure facilities for eco-tourism put in place c) Appropriate eco-tourism products and packages developed (i.e. river cruise, bird watching, etc.)

d) Marketing of Agusan marsh as an important ecotourism destination

7. Climate Change Mitigation and Adaptation

a) Caimpugan Peat Forest conserved. Maintained capacity of peat forest to absorb carbon gas thus contribute to reducing greenhouse gases in the atmosphere. Climate change resilient communities.

b) Communities aware of impacts of Climate Change

8. Project Management and sustainable financing

a) Development of models for sustainable fincancing for the Agusan Marsh Wildlife Sanctuary (PES, REDD etc

Continued support for protected area management activities and local livelihoods after the sub-project ends


2.3.2 Components

Component 1: Species and Habitat Protection and Rehabilitation 42. 1a) Management Zoning: under the 1992 NIPAS legislation and its regulations revised in 2008, protected areas may be zoned into Special Protection Zones (SPZs) and Multiple Use Zones (MUZs). The protection of ecosystems and habitats as an approach to biodiversity conservation is a preferred strategy compared to species protection. By protecting the habitat of one species, it often redounds to protecting the habitat of many different species.

43. “Strict Protection Zones (SPZ) are those natural areas with high biodiversity value, closed to all human activities except for scientific studies and/or ceremonial or religious use by the ICCs/IPs. SPZs may include habitats of threatened species, or degraded areas that have been designated for restoration and subsequent protection, even if these areas are still in various stages of regeneration.

44. Multiple Use Zones (MUZ), on the other hand, are those areas where the following may be allowed consistent with the protected area management plan: settlement, traditional and/or sustainable land-use, including agriculture, agro-forestry, and other income generating or livelihood activities. It shall also include, among others, areas of high recreational tourism, educational or environmental awareness values and areas consisting of existing installations of national significance/interest such as development of renewable energy sources, telecommunication facilities and electric power lines. (DENR, 2008)

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45. The delineation of management zoning (Strict Protection Zone and Multiple Use Zone) under the revised IRR of the NIPAS Act. After the management zones have been established, then strategies for protecting and rehabilitating habitats can be implemented, i.e. ecotourism activities in Multi-Use Zone, regulation of in-migration, etc. Monitoring of biodiversity as well as water quality are important aspects of this component.

46. Management zoning delineation requires science-based information as well as socio-cultural and livelihood consultations. Some scientific baseline studies have already been undertaken, e.g. the latest being by Conservation International, and some stakeholder consultations have been carried out as part of the PPTA, e.g. the Focus Group Discussions with representatives from the marsh communities. Suggestions for the key habitats that should be included in the SPZs are shown in Table 2.2. The approximate locations are shown on Figure 2.2.

47. The Agusan Marsh sub-project will complete this process of delineating the SPZs within the overall MUZ of the Agusan Marsh Wildlife Sanctuary, coming to agreements with the local communities and users of the marsh about the exact boundaries. Certain principles should be applied in doing this to enhance the conservation value and to minimize the socio-economic impact, these principles include:

Representative of key habitats within Agusan Marsh.

Sized to ensure the integrity of the local ecosystem, with adequate buffer.

No physical resettlement of any households.

Minimising the loss of access for livelihood purposes and hence the need for economic resettlement.

Ensuring that there is an overall livelihood benefit, e.g. increased fish productivity, or ecotourism interest that can be realized within the surrounding MUZ.

48. Once delineated, the SPZs will require monumenting to indicate the boundary lines. This will require special treatment because some of these areas will be completely inundated at certain times of year.

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Table 2.2: Suggested Special Protection Zones to be Delineated in the Sub-project

Proposed SPZ Location Rationale

Lake Mihaba (crocodile sanctuary)

Bunawan 10 ha of forested swampland of known breeding area and habitat of Estuarine crocodiles (C. porosus) adjacent but not including Lake Mihaba

Bat colony near Lake Panlabuhan

Loreto 11-12 ha proposed to protect colony of fruit bats

Lake Dinagat Loreto Nesting area for purple heron and breeding habitat for Philippine crocodile (C. mindanensis)

Lake Mombogongon Fish Sanctuary (La Paz)

La Paz Small isolated part of Lake set aside as fish sanctuary. SPZ of 3 ha suggested

Sago forest near Kalambiahan (La Paz)

La Paz 50 ha of which 5ha would be designated as SPZ as representative of this typical habitat of AMWS

Buyod La Paz Bird nesting area on slightly raised part of marsh, with saltwater spring and marsh gas production. 7 – 8 ha suggested as SPZ

Caimpugan Peat Dome San Francisco and Talacogon

Unique peat habitat. Covers 5000 ha, suggested SPZ of 1% or approximately 50 ha to preserve the habitat without human influence. SPZ would be selected to be representative of different types furthest from away from human access

Lake Binoni Talacogon Small deep lake with population of C. Porosus crocodiles. SPZ to be part of wooded riparian area.


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Figure 2.2: Map of Agusan Marsh showing Areas proposed for SPZs

Source : Conservation International – Philippines 2010.

Lake Mihaba

Bat colony, L. Panlabuhan

Lake Dinagat

Lake Mambogongon

Sago Forest

Caimpugan Peat Dome

Buyod

Lake Binoni

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49. 1b) In-situ species conservation measures. Enforcement of relevant laws in the conservation in protected areas had always been a challenge, and the AMWS is not an exception. The designation of SPZs has to be supported by community vigilance in order that species and habitat are protected from human disturbances. This component will set aside resources for the formation of community volunteers (Wetland Marsh-all Teams similar to Bantay Ilog or River Watch Brigades) who will be trained to enforce these regulations, i.e. Wildlife Act, CBD and Ramsar related legislations. Communication, Education, Participation and Awareness (CEPA) strategies will be a significant support strategies for this component.

50. The AMWS needs the knowledge, know-how and resources in dealing with invasive alien species (IAS) that are affecting the integrity of this wetland. Of note are the prolific growth of water hyacinth that pose risk and obstruction to navigation and serve as micro-habitat to a variety of disease vectors. Another IAS that is now found in many freshwater habitats in the country, the Janitor Fish has also found its way to the AMWS and poses competition with the native species in this particular habitat. A study on how to manage/control the proliferation of these IAS will be included in this component in cooperation with local academic institutions.

51. Protecting natural system functions (e.g. water and air purification, flood attenuation, speciation and nutrient cycling) is critical to the support of human, floral and faunal populations. The watershed management and upstream water purification components of the overall project will address environmental factors arising outside of the Marsh.

52. 1c) Rehabilitation of degraded areas through revegetation and planting: According to a recent study, the landscape within and around Agusan Marsh has undergone drastic changes just within a span of 7-8 years. (Cruz, et. Al, 2010). The study observed that around 25 percent of the forested areas have been converted into non-forested areas and about 83 percent of cultivated areas have been converted into palm plantation. This can be readily observed along river banks and in several areas in the Marsh.

53. The loss of forest cover compromises the ability of the ecosystem to provide a suitable habitat to the organisms that are dependent on them. This also contributes to the emission of GHG believed to be the primary cause of global warming. Reforestation strategy using a best practice model in South Africa called “Tree-preneur” or Indigenous Trees for Life (ITFL) Project will be introduced to the local communities in the AMWS.

54. 1d) Expanded Biodiversity Monitoring System: Biodiversity Monitoring System (BMS) is conducted quarterly by the BMS Team in four sites in the AMWS namely: Lake Kilobidan,and Mihaba in Bunawan, Lake Mambagongon in La Paz, amd Lake Dinagat in Loreto. Methods used in the BMS are Transect Cruise and Focus Group Discussions. Each BMS site has a Community Monitoring Group composed of locals (confirm functions with Pinoy and whether this is still active). BMS data is sent to the Regional office of the DENR and to PAWB for databasing.

55. The BMS is a useful tool in keeping track of the presence/absence and movement of important species and changes in the habitats in the AMWS. The FGDs with the local community representatives are able to articulate their concerns not just on the biological aspects of the BMS but also on their needs and concerns as a community of people who are dependent on the resources of AMWS.

56. With the anticipated expansion of the AMWS to 40,000 hectares, the four (4) existing BMS sites is inadequate for its purpose. This component will include an additional four BMS sites (location to be confirmed with Pinoy tomorrow) in order to supplement the existing sampling sites.

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57. 1e) Regular Water Quality Monitoring Reports: The protection of natural system functions of wetlands (e.g. water quality, nutrient cycling, speciation, flood attenuation) is critical to the support of human, floral and faunal populations. Changes in the system have to be monitored in order that appropriate interventions can be instituted in a timely manner.

58. Additionally, there is no regular water quality monitoring in the AMWS. Data on this is quite sporadic and are usually connected to studies or projects in the marsh. Analysis of recent water samples taken last June 2010 as part of the ARBIWRM project indicates the presence of mercury in the marsh. The importance of regular water quality monitoring in the AMWS will help in management decisions affecting this wetland, thus, water quality monitoring will be done on a regular basis. Simple water quality monitoring equipment will be procured for the activity and sampling methods will be designed and implemented in cooperation with local academic institutions and the BMS Team including the Community Monitoring Group.

Component 2. Capacity Building

59. 2a) Capacity Development Plan and Implementation Capacity Building - Key stakeholders will be capacitated in the areas of wetland management, leadership and governance, planning, project implementation, monitoring and evaluation, among others. Institutions, policies, systems, and skills will be assessed in order to develop and implement a Capacity Development Plan for Key Stakeholders. As part of the eco-tourism component, training will be provided to marsh people providing services for visitors, guiding, provision of food and accommodation.

Component 3. Communication, Education, Participation and Awareness (CEPA)

60. 3a) Establishment of a Wetland Educational Centre (also hosting the PASu office) A Wetland Centre will be established in the AMWS that will be a venue for educating the public on the importance of this Ramsar site. The Wetland Centre will include a Wetland Learning Hub, a Wetland Museum, and an interpretive area where experiential learning about the functions and importance of the AMWS will be showcased in its natural setting. As an educational facility, the Wetland Centre will offer specific curricula or modules for all types of audiences, including those upstream and downstream of the AMWS. The Wetland Centre will also host the PASu office. The design of the Wetland Centre will take into consideration the fragile nature of the marsh. The Wetland Center and its interpretive site will be part of the eco-tourism or nature tourism package.

61. The Wetland Centre will be located at the present site of the PASU Office. This is a 2-hectare property of the DENR located at Sitio Mambalili, San Marcos, in Bunawan. There will also be a visitor reception counter to welcome and brief guests of the special nature of the Agusan Marsh and a pontoon that will serve as a landing site for pump boats. For visitors who are planning to stay overnight, accommodation will be built as part of the complex. Accommodation will be furnished with basic amenities and the access road from the highway to the complex will be rehabilitated.

62. 3b) Modules and Educational Materials for the CEPA Program of the Agusan Marsh: The Wetland Centre will develop formal and informal Learning Modules, Programmes, and Experiential Learning Activities including a Communication Plan targeting key audiences. These should convey messages about the importance of water, wetlands and wetland biodiversity. These messages may emphasize threats to wetlands as well as conservation solutions. Being a Ramsar site, the objectives of the concept of wise use of wetlands shall be promoted. These tools should support the advocacy for the conservation of the AMWS and should be sustained even after the project is terminated.

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63. Among the CEPA activities that the Wetland Centre can pursue are Ecological Camps for the youth, Floating Wetlands Caravan for marsh communities, exchange students and internship programs on wetland resources management, community lake/river monitoring program, among others. Preparation and production of communication materials will also be supported taking into consideration the available and appropriate media for delivery of messages.

Component 4. Health, Water and Sanitation

64. 4a) Floating Sanitation Facility (FSF) Appropriate, low-cost sanitation facilities developed and implemented on a pilot-scale in selected local communities in the AMWS. The recommended sanitation system for floating houses in Marsh areas is a communal type of toilet facility. This type of facility will be able to serve five households with 5 members in the family. The sanitation system will treat the blackwater composed of mixture of urine, faeces, flush water and anal cleansing water before it is disposed in the environment.

65. A pour-flush toilet is the technology recommended for the system. The pour flush toilet is connected to a septic tank for collection, storage and treatment of the generated blackwater. In the 1st chamber or the digester chamber of the tank, an anaerobic process occurs. This process reduces the load of organic and pathogens. The effluent generated from the 1st chamber goes to the 2nd and 3rd chambers for further treatment. Then the treated effluent can be discharged to the lake taking into consideration that the surface water quality standard set by the DENR has been met.

66. The design volume of the digester tank is 4 cubic meter with size of 2.6m x 1.3m x 1.2m. This design took into account the wastewater generation of 1,200 liters/day of 5 households. The other two tanks are effluent chambers each holding 2 cubic meter and size of 1.30m x 0.65m x 0.60m.

67. The fecal sludge generated from the septic tank will be desludged every 3 to 5 years (CWA, 2004). A motorized emptying will be used and the fecal sludge will be transported for further appropriate treatment system e.g. drying beds. The treated sludge can be used for land application or can be disposed in surface or co-disposal with domestic wastes. The appropriate treatment/disposal technology and site shall be identified by LGU with the assistance of the Sanitation Specialist for project implementation. The identification of site and treatment/disposal technology will be done during the capacity building on septage management training with the LGUs of project’s host municipalities. The cost of desludging can be shouldered by the users of the FSF. This is part of the proposed users’ association policy on the management, operation and maintenance of FSF.

68. The total unit cost of FSF consist of Pre-fabricated Ferrous Cement Septic Tanks, 20 units 0.60 m Ø plastic drums as floaters, and other materials in the making of FSF is 97,172 pesos. 147 units of FSF will have to be installed in the 4-year project implementation. In the first year, 35 units will be installed and on the following 3 years, 37 units will be installed per year.

69. 4b) Appropriate and low-cost rainwater harvesting facilities developed and/or adopted for selected the AMWS communities. The recommended water supply system improvement program will be undertaken in one stage building at least 146 Floating Rainwater Harvesting (FRH) units over a period of 3.5 years starting on the 2nd half of year 2012. Management structures will be formulated and beneficiaries should be oriented on this so that they will consider themselves as accountable as well to the project. Policies, systems and procedures will be put in place to avoid mishandling of FRH facilities. The use of chlorine in rain water treatment has to be practiced by the residents, e.g. one teaspoon of diluted chlorine to twenty liters of water. The use of drip-type chlorination in plastic containers is part

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of the system. The viability of rainwater harvesting systems is also a function of the quantity and quality of water available from other sources; household size; per capita water requirements; and budget available. The decision maker has to balance the total cost of the project against the available budget.

70. Each FRH will be provided with galvanized iron roof sheets, roof gutters and downspouts for the plastic cisterns. The roof catchment will be built in a 5 meter x 5 meter (25 sm) wooden platform with floaters (logs and bamboo poles). This is done so that houses will only float during flood months. Clusters will be responsible for ensuring that the plastic cisterns are safe (in the platform) and can easily be accessed by the five-member household. Limits in the usage of water quantity per household will be set during formation of policies and systems and will use the presented table below as guide. Agusan Marsh has an average rainfall of about 4,286mm, 86% average annual relative humidity with type IV climate characterized by rainfall which is evenly distributed throughout the year and a dry season which is not well defined.

71. Generally, the storage volume must meet at least the operational needs of the system. Only the operational storage for 3.5 days will be considered to minimize cost.Two water plastic cisterns with 1,000-liter capacity will be provided in each FRH. These storage tanks will be under the roof catchment of the floating platform/house to supply the communal faucets. The operational storage requirement of the FRH is calculated to be 1,934 cum based on an average demand of 20 lpcd.

72. 4c) Floating health centers in strategic sites in the AMWS established. There are two existing floating health units in Bunawan (San Marcos) and Talacogon (XXX?) that were established as part of the PACAP project, but these have not been operational because of lack staff. The project will establish linkage with the provincial health department to ensure appropriate staffing of these health units.

Component 5 Ecological Solid Waste Management 73. 5a) An operational Community-Based Solid Waste Management Program.

1. CBSWM in 2 priority barangays for each of the 8 towns (Talacogon, San Francisco, Rosario, Bunawan, Veruela, Santa Josefa, Loreto, and La Paz) of Agusan Marsh. Total of 16 priority barangays. The respective MENROs and Barangay LGUs shall manage the CBSWM with assistance from the implementing agency’s PMU and PENRO-LGU.

2. Construction of a material recovery facility (MRF) in each priority barangay if the need is identified.

3. Construction of small-scale plastics waste melter facility serving the 8 towns. An NGO shall be selected to operate the facility.

4. IEC on CBSWM. 5. Conduct of workshops/trainings.

74. Only 2 barangays for each municipality of the Agusan Marsh area will implement their CBSWM with funding from the project due to limited available funds. In each town, a poblacion barangay and a barangay located inside or near the marsh area shall be selected. The poblacion barangay will provide each municipal LGU a showcase CBSWM that can be visited and observed by the people of other barangays.

75. Sixteen barangays were initially selected during the FGDs conducted for each municipality last 17, 18, 19, and 23 August 2010 at San Francisco, Talacogon, Bunawan, and Loreto, respectively (Table 2.4). The selections were agreed with the stakeholders’ representatives from each municipality during the FGDs. Locations of these barangays are

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indicated in the general maps for all interventions in the Agusan Marsh area.

76. The proposed CBSWM program shall include: (i) construction of MRF in each priority barangay, (ii) construction of small-scale plastic wastes melter facility serving the 8 towns, (iii) IEC on CBSWM, (iv) conduct of workshops/trainings, and (v) consulting services.

77. The respective Municipal Environment and Natural Resources Office (MENRO) of each municipality and Barangay LGUs shall manage the CBSWM with assistance from the implementing agency’s PMU and Provincial Environment and Natural Resources Office of Agusan del Sur’s provincial government (PENRO-LGU). The small-scale plastic wastes melter facility shall be managed by an NGO to be selected during project implementation. This shall be supervised by the PMU.

78. Although construction of the MRF will be limited only to 2 priority barangays in each municipality, the IEC shall target all the barangays in the area. Under the IEC activities, an annual contest of all barangays shall be implemented for 2 consecutive years to determine the best barangays implementing their CBSWM in each town. This approach proved to be effective in mobilizing the people in previous CBSWM implementation. The contest will exert pressure on the selected barangays to excel in the implementation.

Table 2.4: Barangays Selected for CBSWM Program

Municipality

2007 Municipal Populationa

Selected Barangays for CBSWM Poblacion Barangay

2007 Barangay Populationa

Marsh Barangay

2007 Barangay Populationa

San Francisco

62,881 Barangay 1 (Pob.)

4,954 Kaimpuganb 1,619

Rosario 31,293 Poblacion 3,810 Novelec 1,595 Bunawan 35,757 Poblacion 4,108 San Marcosc 1,235 Sta. Josefa 24,972 Poblacion 4,722 Tapazc 1,533 Veruela 36,862 Poblacion 5,237 San Gabrielc 1,618 Loreto 34,549 Poblacion 5,912 Katipunanb 454 La Paz 25,214 Poblacion 4,391 Sabang

Adgawanb 1,542

Talacogon 33,093 San Agustin (Pob.)

3,217 La Florab 1,007

a NSO. 2007. Agusan del Sur Census of Population. Manila. b Barangays located inside the marsh area. c Barangays located very near the marsh area. Source: ADB PPTA Consultant.

79. Barangay MRFs: MRF shall be erected for each of the selected barangay. The Barangay LGU shall be responsible for providing the land where the MRF shall be erected as provided for in Section 1 Rule XI (Operations of MRF) of RA 9003’s IRR. Each MRF shall have a 70m2 covered area for the following activities: (i) unloading and sorting of recyclable materials, (ii) baling for paper and plastics, (iii) bagging for glass bottles and other materials, (iv) weighing of materials, (v) storing of sorted materials, and (vi) administrative work. Weighing scale and set of tools shall be provided. Composting shall be done in the MRF only as the need arises since households will be encouraged to do composting in their respective backyards. For composting, the MRF shall be provided with a small shredder machine and set of tools. A small space shall be allocated at the MRF land for composting activities.

80. Small-scale Waste Plastics Melter Facility A small-scale waste plastics melter facility (SWPMF) shall be established in San Francisco, Agusan del Sur to cater to all waste plastic melting needs of all Agusan Marsh towns. San Francisco is selected since its generation of plastic wastes is expected to be much larger than the other towns due to a

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much larger population and urbanized area compared to the other towns. The site for the SWPMF shall be determined during the implementation phase. This has to be agreed between the PMU and San Francisco LGU. The SWPMF shall use a technology developed by the Industrial Technology Development Institute (ITDI) of the Department of Science and Technology (DOST). The technology is mainly a densification of waste plastics by melting them in waste vegetable cooking oil at a controlled heating temperature. Waste plastics will be melted and cast into metal moulds to produce useful rigid products such as tabletops, planters, pathway blocks, etc. Its components are: (i) steel casserole with cover – 50kg melting capacity per batch, (ii) motorized blunger for homogenous mixing, (iii) cylindrical steel downspout to facilitate the discharge of melted plastic during casting into the metal molds, (iv) exhaust chimney with charcoal stack to absorb smoke emissions during melting, (v) thermometer for monitoring melting temperature, (vi) liquid petroleum gas (LPG) burner, (vii) metal molds, and (viii) shredding and grinding machine for plastics. The facility shall be housed in a 50m2 covered working area near a 50m2 office building.

81. CBSWM Operation All solid wastes shall be segregated at the source and place in separate containers as required by RA 9003. Waste generators shall then bring the separated wastes to the barangay MRF, except for compostable wastes. Food and yard wastes shall be composted at the backyards. This is the current practice in the Agusan Marsh towns. However, during implementation, appropriate schemes for bringing the wastes to the MRFs shall be determined thorough consultations with all stakeholders. The appropriate schemes specific to each barangay shall ensure good participation in the CBSWM program. Municipal governments shall haul the residual wastes from the MRFs to their final waste disposal area as part of their regular services.The SWPMF shall be operated by an NGO based in the area. This scheme aims to make the SWPMF a financially viable operation to ensure its sustainability. The operator shall buy the waste plastics from the MRFs and convert them into products with commercial values such as planters, pathway blocks, tree grills, tabletops, etc. The SWPMF shall be supported with IEC activities. The Agusan del Sur’s provincial LGU and municipal LGUs may support the initial operation of the SWPMF by buying some of its products for their respective beautification programs.

Component 6. Nature Tourism Activities (Eco-tourism)

82. 6a) An Ecotourism Master Plan for AWMS developed. Nature Tourism (or sometimes referred to as Eco-tourism) is an activity that is compatible to the nature of the AMWS. Nature Tourism when planned and implemented correctly can promote conservation and at the same time generate awareness, build capacity and provide livelihood for the local communities. Appropriate eco-tourism products and packages will be developed involving local communities. Eco-tourism products in the area could include river cruise, bird-watching, and eco-trail on boardwalks. A critical element of eco-tourism development is marketing and capacitating those who will be implementing the program as entrepreneurs and conservation managers at the same time.

83. The nature-based tourism sites in the AMWS will be connected together into a tourism loop collectively known as the “Agusan Marsh Water World Adventure”. The Agusan Marsh Water World Adventure is envisioned to promote conservation and at the same time generate awareness, build capacity and provide livelihood for the local communities using appropriate eco-tourism products and packages that will involve local communities. An important facet of the tourism loop is the business model which melds together entrepreneurship with conservation management.

84. The nature-based tourism sites have been identified through existing tourism plans such the “Floating Adventure to Panlabuhan Lakes Ecotourism Business Plan”, “The Mihaba… the Floating Wonder Business Plan”, the Agusan del Sur Tourism Master Plan,

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and through workshops conducted by the team.

85. Twelve potential tourism sites have been identified; four sites are in the municipality of Bunawan, two at La Paz, one at San Francisco, and five are located in Talacogon. These are identified on Figure 2.3:

(1) Bunawan poblacion,

(2) Barangay Mambalili (Bunawan),

(3) Lake Mihaba (Bunawan),

(4) Lakes Kelobidan, Ticgon, Kanaynon (Bunawan),

(5) Lake Panlabuhan (La Paz),

(6) Lake Dinagat (La Paz),

(7) Caimpugan Peat dome (San Francisco),

(8) Lake Himbang (Talacogon),

(9) Lake Tugno (Talacogon),

(10) Lake Ginhalinan (Talacogon),

(11) Lake Binoni (Talacogon), and

(12) Talacogon poblacion.

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Figure 2.3 Map of Agusan Marsh Showing Location of Key Areas of Eco-tourism

Interest

Source : Conservation International – Philippines 2010.

Bunawan poblacion

Mambalili

Lake Mihaba

Lakes Kelobidan, Ticgon, Kanaynon

Lake Panlabuhan

Lake Dinagat

Caimpugan peat dome

Lake Ginhalinan

Lake Tugno

Talacogon poblacion Lake

Himbang

Lake Binoni

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86. 6b) Infrastructure facilities for eco-tourism put in place and 6c) Appropriate eco-tourism products and packages developed (i.e. river cruise, bird watching, etc.) The following tourism destinations, packages and infrastructure requirements for the Marsh are described in Table 2.5.

Table 2.5: Eco-tourism Destinations, Products and Infrastructure

Name Destinations Infrastructure required

Destination Component 1: Gateway to Agusan Marsh Water World Adventure

The Bunawan poblacion, as the gateway to the Agusan Marsh, is the location of the visitor reception centre and the landing site for pump boats.

None, infrastructure in place

Barangay Mambalili is the site of the Agusan Marsh Wetland Center.

Floating dock for river cruises

Accommodation for overnight stays (rehabilitate and upgrade)

Wetland Center: Wetland Learning Hub, Wetland Museum, Interpretative Area, and the PASu Office.

Existing road (2.3 km) to be rehabilitated (LGU finance)

Destination Component 2: Floating Wonder at Lake Mihaba

Lake Mihaba is packaged for the Mihaba Safari and Lake Canoeing and includes floating visitor centers and cottages, view decks, bird watching, kayaking / canoeing, and a floating fishing community.

Floating visitor centre (existing)

Floating cottages

Kayak landing and storage

Lakes Kelobidan, Ticgon, Kanaynon is an alternative and option to Lake Mihaba Safari and includes bird watching, kayaking / canoeing, floating visitor centers and cottages, and floating fishing communities.


Floating cottages


Destination Component 3: Floating Adventure at Panlabuhan Lake

Lakes Panlabuhan and Dinagat will have a floating visitor center and cottages, kayaking / canoeing, and bird hides.

Floating visitor centre

Floating cottages


Bird hides

Destination Component 4: Agusan Wonderland at Caimpugan Peatlands

Caimpugan Peat dome at San Francisco

1,500 meter boardwalk

Bird hides

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Name Destinations Infrastructure required

Destination Component 5: Talacogon Lakes at Talacogon

Talacogon poblacion, as an Alternative Gateway to Agusan Marsh, is the location of a visitor reception centre and the landing site for pump boats.

Visitor reception centre

Landing site for pump boats (existing)

Lakes Himbang, Tugno, Ginhalinan, Binoni will have a floating visitor center, cottages and picnic huts, kayaking / canoeing, and bird hides.


Floating cottages



87. 6d) Marketing of Agusan marsh as an important ecotourism destination. This is an essential part of the eco-tourism package to ensure that Agusan Marsh becomes established as an eco-tourism destination.

Component 7. Climate Change Mitigation and Adaptation

88. 7a) Caimpugan Peat Forest conserved and 7b) Communities aware of impacts of Climate Change: Residents of the Marsh, especially the IPs, are already experiencing the impacts of climate change, i,e, changed in rain patterns thus affecting their planting cycles. CEPA activities will be implemented to inform them about the importance of keeping the wetlands intact (especially the peat dome at Caimpugan) since they are important carbon sinks. Since they live in floating houses, they can easily adapt to changes in water level in the marsh which also affect their livelihood. Strategies to build resilience in the local communities will be implemented as well as other precautionary strategies such as flood warning.

Component 8: Project Management and sustainable financing

89. 8a) Development of models for sustainable fincancing for the Agusan Marsh Wildlife Sanctuary (PES, REDD etc) The identification of models for ensuring that the conservation, livelihood and management measures in the Agusan Marsh continue to be financed after the end of the project. These may include identification of sources of finance both within the marsh, e.g. contributions from eco-tourism, or from outside including Payment for Environmental Services for e.g. flood mitigation and water purification.

3. DESCRIPTION OF THE ENVIRONMENT

3.1 RIVER BASIN CONTEXT

90. The Agusan River Basin (ARB), with a drainage area of 10,921 km2, is the third largest river basin in the Philippines. It is located in the northeastern part of the island of Mindanao and lies within 7°12’ and 9°07’ north latitude and 125°24’ and 126°18’ east longitude. A greater part of the basin lies within the provinces of Agusan del Norte, Agusan del Sur, and Compostela Valley (Figure 3.1); the basin occupies small portions of the provinces of Bukidnon, Misamis Oriental, Surigao del Sur, Davao del Norte, and Davao Oriental.

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Figure 3.1: The Agusan River Basin

91. The basin is an elongated half-graben structure that is closely related to the Philippine Fault Zone that traverses from north to south. Its major physiographic features include the Pacific Cordillera on the east and south, the Central Cordillera on the west and the Davao-Agusan trough in the central part. The Pacific Cordillera forms the eastern and southern boundaries with peak elevations of about 1,700m above mean sea level (amsl) along the eastern boundary and 2,500m amsl in the southern area. The Central Cordillera is a discontinuous mountain range and volcanic chain having peak elevations over 1,700m.

92. The southern portion of the basin, from Monkayo to Maragusan in Compostela Valley and approximately 65 kilometers in length, is narrow and mountainous; it has an average width of only 25 kilometers. The remaining part of the basin north of Monkayo averages from 50 to 70 km in width where an alluvial plain occupies the central part. This central flood plain, with elevations generally less than 50m above sea level, is approximately 30 km in width and slopes gently towards the north. Foothills occupy the area between the central alluvial plain and the mountains.

93. The Agusan Marsh lies in this central flood plain, stretching for about 60km or 110 km of the main river channel and covering a total area of some 111,540 ha. The Marsh lies in 9 municipalities of Agusan del Sur – listed from the south, Santa Josefa, Veruela, Loreto, La Paz, Talacogon on the (western) left bank, and Trento, Bunawan, Rosario, San Fransciso on the (eastern) right bank. Most of the marshland lies in the municipalities of Bunawan and La

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Paz, and the peat dome in Talacogon and San Francisco. See Table 3.1.

94. The Agusan River has 15 major tributaries or river systems; eight of which drain into the Agusan Marsh or into the reaches of the Agusan River upstream of the Marsh. (Gibong River, Simulao River, Manat River, Baobo River, Logum River, Ihaoan River, Umayan River, and Adgaoan River) having a total catchment area of 4,667 km2,

95. The Agusan Marsh was declared a protected area under the National Integrated Protected Area System (NIPAS) in 1996 being the most important wetland in the country. It was designated as a Wildlife Sanctuary with an area of about 19,196 ha of which 14,836 ha is considered a Core Zone and 4,360 ha as a buffer zone. It was also designated as a wetland of international importance under the Ramsar Convention in 1999. Proposals are currently being considered to expand the protected area to cover 40,868 ha, with two zoning categories – Special Protection Zones (SPZ) and Multiple Use Zones (MUZ). (Figure 3.2)

Table 3.1: Municipalities and Villages lying inside the Greater Agusan Marsh Area

Municipality Area (ha) Villages

San Francisco 16,829.950 Ebro,New Visayas, Caimpugan, Bayugan II, San Isidro, Ladagadan, Rizal, Lapinigan, Borbon, Sta. Ana, Buenasuerte, Tagapua, Pasta, Pisa-an

Rosario 14,254.742 Tagabayagan, Novele, Wasi-an, Bayugan III, Poblacion Rosario

La Paz 20,017.230 Osmena, Poblacion La Paz, Villa Paz, Sagunto, Halapitan, Sabang Adgawan

Loreto 12,019.900 Katipunan, Poblacion Loreto, Nueva Gracia, Sto. Thomas, Violanta, Waloe, Magaud

Veruela 14,198.640 San Gabriel, Poblacion Veruela, Don Mateo, Bacay II

Bunawan 17,434.681 Consuelo, Nueva Era, Mambalili, San Marcos, Pobalcion Bunawan, San Andres

Sta.Josepha 8,551.280 Tapas, San Jose, Pag-asa, Aurora

Talacogon 6,991.580 Sabang Gibong, Maharlika, La Flora, Desamparados, Causwagan, San Augustin, San Nicholas, San Isidro, Marbon, Zillovia, Labnig, Zamora, Culi

Total 110,298.00 Source: PPTA Consultant.

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Figure 3.2: Agusan Marsh with Present and Proposed Extent of the Wildlife Sanctuary

Source: Agusan River Basin Master Plan.

3.2 PHYSICAL RESOURCES

3.2.1 Climate

96. Based on the Modified Coronas Classification, the climate of the Agusan River Basin is generally classified as Type 2 which is characterized by the absence of a dry season and a very pronounced maximum rainfall from November to January. However, the southern portions (the area covered by Compostela Valley) exhibit the characteristics of a Type 4 climate wherein rainfall is more or less evenly distributed throughout the year.

97. During the months of December to January, the Northeast Monsoon reaches the

26


island of Mindanao from the northeast and east directions bringing rain specifically to the central and northern portions of the basin. However, from June to October, the Southwest Monsoon reaches Mindanao from the southwest and west. During this period, the southern regions of the watershed are susceptible to more rainfall than the northern regions.

98. The basin is located below the regular path of tropical cyclones or depressions and the frequency of typhoon passing over the basin is 0.1 time per annum. However, typhoons occurring north of Mindanao can bring a considerable amount of rain.

3.2.2 Rainfall, Temperature and Humidity

99. According to rainfall masurements summarized in the ARB PPTA, the distribution of average annual rainfall in the basin varies from 2,000 mm to a little over 4,000 mm with an estimated average annual rainfall for the basin of 3,000 mm. The 3,200 mm isohyet falls over the Agusan marsh area itself and the average annual rainfall in the AMWS has been recorded as 4,286 mm (Primavera, J. and Tumanda, M. 2009)

100. The monthly rainfall data for different parts of the basin, shows that in Prosperidad, to the north of the marsh, the highest rainfall months occur from December to February, with averages of 519 mm, 668 mm, 500 mm respectively (December, January, February), decreasing to lower rainfall months between April and June with 165 mm, 240 mm and 179 mm respectively. Other months generally fall between these high and low rainfall averages. (Palacpac, A. & Garcia, R. 2010)

101. The annual average temperature and humidity in the Agusan Marsh is 25.6oC and 86% respectively.

3.2.3 Geology

102. The Agusan Marsh was formed as apull-apart basin of the Philippine Fault Zone. All of the municipalities on the river in Agusan del Sur, lie on an active fault line with a relatively high risk of seismic action (Punongbayan, 2005 and CTI-Halcrow, 2006).

103. The surrounding geology of the Agusan River basin is shown in Figure 3.3.

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Figure 3.3: Geology of the Agusan River Basin

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3.2.4 Topography and soils

104. The majority of ARB topography ranges from undulating to hilly. About 67% of the total basin area accounts for slope classes 18% and below, about 29% is covered by rolling to steep slope classes and the remaining 4% belongs to very steep slope classes.

105. Witihin the Agusan Marsh itself, the topography is essentially very flat, with some small elevated outcrops. The general elevation of the lakes in the Marsh is around 20 masl, with the elevation of the peat dome rising to over 30 m asl, i.e. >10 m above the level of the river.

106. It has been estimated that nearly 50% of the Agusan River Basin fall under undifferentiated mountain soils, with 12% under Camansa clay loam and 10.5% under Camansa sandy clay loam.

107. Within the Marsh area, the soils are generally alluvium, with clay loam and sandy loam also occurring. Peat soils, made up of at least 65% organic matter can be found near Bunawan and Caimpugan. (Primavera & Tumanda, 2010)

3.2.5 Agusan River System

108. The basin is drained by the Agusan River. The river originates in the southern mass of the Pacific Cordillera Mountains at an approximate elevation of 2,500m amsl. Generally flowing in a northerly direction, the river meanders through the Agusan-Davao trough and ultimately discharges its load into Butuan Bay. From its headwaters to the mouth (a straight-line distance of about 240 km), the Agusan River has traversed a length of approximately 350 km. At Kalaw Bridge in the Municipality of Monkayo and located about 90 km downstream of its headwater, the bed of the Agusan River has dropped to approximately 50m amsl that has a catchment area of only 1,570 km2.

109. A profile of the Agusan River is provided in Figure 3.4. The Agusan River can be visualized as a series of shallow bowls interconnected by steeper sections of channel. The boundaries of these bowls are defined by constrictions or the encroachment on the channel by the foothills. In addition, water level conditions in the Agusan Marsh, which forms the largest bowl, dictate whether there is any potential for additional flooding in the downstream reaches. The higher the water levels in the marsh, the less ability it has to absorb additional inflows.

110. The list of tributaries feeding into the Agusan River is shown in Table 3.2, with those highlighted being the principal tributaries feeding into the Marsh itself. These are shown on Figure 3.5.

111. The Master Plan for the Agusan River Basin, estimated the catchment area, mean discharge and dependable flow for each of the sub-basins as shown in Table 3.3. This has been used to show the flows through the Agusan Marsh.

112. The mean monthly flows through the Marsh increase from 79 m3/s to 283 m3/s due to the contributions from the different tributaries. This is shown diagrammatically in Figure 3.6.

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Figure 3.4: Profile of the Agusan River

Source: Adapted from CARBDP-PMO, 2003.13

Table 3.2: List of Tributaries No. River Basin Drainage Area (km2)

1 Wawa 795 2 Andanan 380 3 Gibong 824 4 Simulao 944 5 Manat/Upper Agusan 196 6 Baobo 141 7 Logum 151 8 Ihaoan 664 9 Umayan 782 10 Adgaoan 965 11 Kasilayan 284 12 Maasam 418 13 Libang 228 14 Ojot 765 15 Bugabus 184

13 Cotabato-Agusan River Basin Development Project, 2003. Lower Agusan Developmen project Stage 1, Phase II: Study on Watershed management and FWS of the Agusan River Basin. Final report of DPWH, Nippon Koei co. in assoc with TCGI Engineers and PKII Engineers.

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Figure 3.5: Catchments of Tributaries of the Agusan

Table 3.3: Dependable Flow in Sub-Basins Sub-Basin Area (km2) Mean Discharge

(m3/s) Dependable Flow

(m3/s)

1 Adgaoan 984.81 38.10 20.48 2 Bugabus 170.55 4.81 2.13 3 Gibong 926.38 40.43 21.72 4 Ihaoan 746.35 29.94 16.09 5 Kasilayan 376.89 14.35 6.79 6 Kayonan-Umayan 729.47 28.23 15.16 7 Libang 246.56 8.06 3.82 8 Logum-Baobo 291.20 12.28 6.60 9 Maasam 418.20 14.14 6.70 10 Manat/Upper Agusan 1,758.22 78.51 58.69 11 Minor 11,936.55??? 466.69??? 348.76??? 12 Ojot 924.19 25.93 12.27 13 Simulao 978.38 47.02 25.27 14 Sulibao 159.75 7.61 4.09 15 Taguibo 75.72 3.20 1.51 16 Wawa-Andanan 764.14 31.42 14.87 Source: Philippines: Master Plan for the Agusan River Basin, CTI Engineering International Co. Ltd.; Halcrow; and Woodfield Consultants, Inc, 2008.

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Figure 3.6: Mean Monthly Flow Contributions of Tributaries Flowing into the Agusan Marsh

Agusan River, leaving Agusan Marsh

Agusan River, entering Agusan Marsh

79 cu.m/s

91 cu.m/s

121 cu.m/s

150 cu.m/s

197 cu.m/s

235 cu.m/s

283 cu.m/sGibong/Sulibao

48 cu.m/s

Simulao47 cu.m/s

Adgaoan 38 cu.m/s

Umayan 28 cu.m/s

Ihaoan 30 cu.m/s

Logon/Baobao 13 cu.m/s

28 km

113. Surface runoff (streamflow) is primarily utilized for agricultural purposes. The NIA has constructed a number of irrigation systems in the basin, mainly for rice irrigation. These systems serve 20,061 ha of land, of which 12,167 ha are covered by the four (4) national irrigation systems operated and maintained by NIA, namely: Andanan RIS in Bayugan Agusan del Sur(downstream of the Marsh); Gibong RIS in Prosperidad, Agusan del Sur; Simulao RIS in Trento, Agusan del Sur; and Batutu RIS in New Bataan, Compostela Valley. The last three irrigation systems would affect the flows through the marsh. The total water requirement for the irrigation systems is estimated at 42.17 m3/s, which may reduce the stream flow through the Marsh depending upon the upstream abstraction point

114. Groundwater. The water table in the land around the marsh is generally 10 – 30 cm below the surface.

115. Within the Agusan basin as a whole, groundwater is utilized for domestic water supply and for irrigation purposes, through the development of wells and springs. High concentrations of iron and manganese could be a constraint and such groundwater may have to be treated prior to its use as a source for domestic water supply. Evidence of fecal pollution, particularly near larger settlements has been observed as well as high salinity in the younger deposits near the coast.

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116. Seasonal flows. The pattern of seasonal flows through the marsh largely follows rainfall patterns. Figure 3.7 illustrates these patterns, adapted from Palacpac, A. and Garcia, R, (2008). It can be seen that the flows are relatively constant throughout the year, with higher flows in December and January, especially in the two eastern tributaries (Simulao and Gibong) and the northern tributary, Adgaoan.

117. Within the Marsh the maximum water levels rise by more than 4 m between October and February when the whole floodplain is inundated. As the waters recede to a minimum level in May, the open waters are confined to the river channels, oxbow lakes and ponds.

118. Peak flows and floods. The peak flows within these monthly averages can vary considerably with even the 2-year design discharge floods being some 15 - 60 times the monthly mean flows.

Figure 3.7: Monthly Average Flows through the Agusan Marsh

Monthly flows (cu.m/sec) through Agusan Marsh

0

50

100

150

200

250

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Month

Cu.

m/s

ec

Manat/Upper AgusanLogon/BaobaoIhaoanUmayanSimulaoAdgaoanGibong/SulibaoTotal discharge from marsh

Table 3.4: Flood Design Discharges in the Tributaries of the Agusan Marsh

Flood Design Discharge, cu.m/s

Tributary Drainage

Area 10,000 yr 100 yr 50 yr 25 yr 10 yr 5 yr 2yr sq.km Agusan (Sta Josepha) 1,568 6,344 3,249 2,981 2,708 2,335 2,129 1,867 Ihaoan 760 3,851 1,972 1,809 1,644 1,417 1,292 1,133 Umayan 700 3,582 1,835 1,684 1,530 1,319 1,203 1,055 Simulao 920 4,370 2,509 2,302 2,091 1,903 1,739 1,556 Adgaoan 1,100 4,511 2,310 2,119 1,925 1,660 1,514 1,327 Gibong 950 3,139 1,606 1,473 1,335 1,154 1,051 921 Agusan Mouth 11,760 15,470 7,919 7,266 6,601 5,690 5,189 4,549 (Source: Hydrology report of Agusan River Basin Master Plan, Volume VIa, 2007).

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119. The estimated area of inundation is about 1,280 km² (including the area of Agusan Marsh) which is approximately 10.71 percent of the Basin. The flood depth ranges from 0 to 15 m as shown in Figure 3.8. This map clearly illustrates the importance of the Agusan Marsh in flood mitigation.

120. The Agusan Marsh reduces the magnitude of the peak discharge to approximately 30%. Without the marsh, discharges downstream would be significantly larger, probably leading to more frequent and more severe flooding downstream. (Figure 3.9)

121. Calculations from the Hydrology report of the Agusan River Basin Master Plan indicated that most flood events downstream of the Agusan Marsh are due to flow conditions on the tributaries downstream of the marsh. However, the magnitude and duration of such flooding will still be influenced by the water level and flows into the Marsh.

Figure 3.8: Agusan River Flood Inundation

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Figure 3.9: Hydrograph of Agusan River during 30 year Flood Event, showing Effect of Agusan Marsh

Source: Hydrology report of Agusan River Basin Master Plan, Volume VIa, 2007.

3.3 WATERSHED CONDITION

122. The ARB is suffering from severe environmental problems. Many of the problems occur at the upper watershed areas of the river basin, but the impacts spill down and are experienced throughout the watershed, especially in the lower basin. The main problems are degradation of the watershed, and the deterioration of river water quality. The degradation of the watershed forest cover leads to erosion, siltation of river channels and irrigation systems, and flooding.

123. Specifically, lack of forest cover, uncontrolled mining, steep slope farming and kaingin (slash and burn) farming, have significantly increased soil erosion in the basin. The eroded soil increases suspended sediment loads and turbidity as well as siltation of water bodies. High turbidity and heavy siltation adversely affect the productivity and diversity of aquatic flora and fauna particularly in the Agusan Marsh. In particular, the proliferation of small-scale mining upstream of Agusan River, particularly in the Naboc, Manat and Upper Agusan watersheds, has caused heavy siltation in rivers and streams, and contamination of water and sediments. Tributaries and streams coming from these watersheds are heavily silted and show high levels of mercury. Although mining is non-existent in the Logum-Baobo watershed, legal and illegal extraction of timber results in massive loss of forest cover that leads to severe erosion and siltation of rivers and streams.

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124. All of the aforementioned environmental problems aggravate poverty which in turn drives many people to overexploit the resources in the river basin in order to survive. Thus, the problems that exist in the river basin can be best described as a picture of a vicious cycle of environmental degradation and poverty. The only way to break this cycle is to adopt an integrated watershed approach which addresses the causes and consequences of watershed degradation. An integrated approach to watershed management requires the active participation and commitment of the stakeholders, particularly the local communities and local government units.

125. A growing population concentrated on the mining areas has brought problems of sanitation and pollution of waters, especially in the creeks and other small rivers that eventually flow down to the Agusan River.

3.4 WATER QUALITY

126. The whole of the main Agusan River is presently classified by EMB as a “Class C” water body having the following beneficial uses:

Fishery Water for the propagation and growth of fish and other aquatic resources;

Recreational Water Class II (boating, etc) and;

Industrial Water Supply Class I (for manufacturing processes after treatment).

127. The river is used for rice field irrigation and other agricultural purposes. Also, the main river serves as a means to transport forest and agricultural products, as well as a route to transport other goods in and out of Butuan City and the surrounding localities.

128. With the limited environmental infrastructure in the area, the tributaries receive domestic pollution, agricultural run-offs and other man-made activities, including mining and soil erosion from the denuded forest and other areas. In the absence of the classification of its eleven (11) tributaries, a “Class C” may also be adopted.

3.4.1 Water Quality Measurements

129. There are four (4) sources of water quality monitoring data, namely: (1) the 2008 Agusan River Basin Masterplan report; (2) EMB-Caraga and EMB Region XI water quality monitoring summary reports as submitted by regional offices; (3) the MGB Region XI Water Quality Monitoring Data and; (4) the one-time sampling conducted for Agusan River Basin PPTA in June 2010.

130. Water quality measurements above and below the Agusan Marsh and from a tributary leading into the Marsh have been consolidated from sources (1) and (4) respectively, which correspond to flood and low flow seasons respectively. These are shown in Table 3.5.

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Table 3.5: Results of Water Quality Monitoring above and below Agusan Marsh

Sampling site pH Conductivity Salinity TDS TSS Turbidity DO Temp BOD HgHg Sediment

µS/cm ppt mg/l mg/l NTU mg/l OC mg/l mg/l ppm

Upstream of Agusan River, Veruela, Agusan del Sur 6.18 475 0.2 226 87.63% 26.97 BDL BDLMapute Creek, upstream of bridge along national highway, San Francisco, Agusan del Sur 6.22 379 0.2 180 55% 28.7 BDL BDL

6.31 613 0.3 290 72.50% 28.3 BDL BDL6.39 605 0.3 288 71.30% 28.3 BDL BDL6.43 576 0.3 280 72.10% 28.4 BDL BDL

Agusan Marsh Upstream (Veruela) 7.54 573 0.02 417 21 21 8.9 31.7 6 0.001 NDMaputi Creek (San Francisco) 7.3 593 0.11 406 20 17 7.3 31.6 10 0.008 39Agusan Marsh Downstream (Talacogon) 7.31 297 0.02 125 34 17 6.8 29.7 29 <0.0001 0.44

Downstream of Agusan Marsh, Lake Himbang, Brgy. San Nicolas, Talacogon, Agusan del Sur

Master Plan for the Agusan River Basin, CTI Engineering International Co. Ltd.; Halcrow; and Woodfield Consultants, Inc, Jan 2008.(Flood season)

ARBIWRM PPTA Water Quality Monitoring Results, June 2010 (Low flow season)

131. An assessment of these results appears to show that during the flood season the waters flowing through the Marsh are slightly acid, but in the low flow season they are slightly alkaline. The conductivity appears to increase with passage through the marsh in the flood season and decrease in the low flow season. The salinity in the flood season appears to be an order of magnitude higher in the flood season, although both are relatively low. The total dissolved solids (TDS) in the flood season appears to be higher in the water emerging from the marsh than going into it, whilst in the low flow season the TDS entering the Marsh is higher than that leaving the marsh by a factor of 3 – 4. There are no figures for total suspended solids (TSS) in the flood season, but in the low flow season the water leaving the marsh appears to have higher than the water entering. However, the levels of TSS recorded in the low flow season are not excessive, and do not reflect the concern of increasing sediment discharge. Higher sediment flows and TSS will undoubtedly occur in the flood seasons.

132. The Dissolved Oxygen content in both flood and low flow seasons appears to be relatively high, except in the Maputi creek, which is lower in the flood season. In the low flow season, the dissolved oxygen is lower in the water leaving the marsh, which is to be expected since the water moves slowly through the marsh and is less aerated than in a swiftly flowing river. The BOD measure ments were only taken during the low flow season, but show relatively low BOD in the waters entering the Marsh, but high BOD readings downstream of the Marsh, showing that significant quantities of organic matter are entering or being generated in the Marsh.

133. The level of mercury and other contaminants in the Agusan waters is a significant concern. In 2008 flood season the level of Mercury (Hg) was below detectable limits in all the samples, in both water, sediments and in fish tissue samples. However, in the low flow season in 2010, the mercury level in the Maputi Creek was very high at 0.008 mg/l compared to WHO standards (USEPA standards for freshwater mercury content is 0.00077 mg/l for chronic exposure). Even the waters entering the Marsh have a mercury content at 0.001 mg/l that is equivalent to the Philippine national drinking water standard for mercury. However the waters leaving the Marsh have a mercury level which is below this level at less than 0.0001. This would indicate that the marsh may be acting as a sink for mercury, providing a significant ecosystem service in water purification.

134. The sediments where mercury might accumulate are also very high for the Maputi Creek and at the outflows of the marsh. Roa (2007)14 reports that sediment sampling in 2006

14 Roa, E. (2007) Mercury Pollution: A threat to Agusan Marsh. Proceedings of the First Scientific Conference on Agusan Marsh, Butuan City.

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found mercury levels of 0.37 and 1.07 ppm in Dinagat lake and Lapag Creek respectively, the latter exceeding the national threshold by more than two times, and in Dinagat Lake being more than two times higher than background levels.

135. The mercury levels from plant tissues in the Agusan river were found to be particularly high for Water Hyacinth (Eichornia crassipes) in two stations in Jan 2001 (Roa, 2001)15 reaching levels of 236 and 38 mg/kg dry weight. Other plant species such as Cyperus alternifolius and Lumnitzera sp. were much lower between 0.16 to 0.77 mg/kg dry weight. This indicates the important role of bioaccumulation that water hyacinth plays.

136. Fish species have also been tested for mercury and the same paper suggests levels of between 0.19 and 0.58 mg/kg in species such as Glossogobius giuris, Johnius volgeri, Anabassis commersonii and Silago sihama. However, the 2008 Master Plan study analysed Gurami (Gourami belontlidae), Karpa (Cyprinus carpio), Picjanga (Glossogobius giuris) and Hito (Clarias macrocephalus) downstream of the Agusan Marsh, common snails in the Maputi Creek and Banak (Crenimugil heterochellos), which showed non-detectable mercury levels.

137. Many other contaminants sampled in the waters in and around the Agusan Marsh during the 2010 PPTA were below the threshold levels. Phosphate levels are generally high, though declining from the upstream areas and with passage through the marsh (from 4.9 mg/l to 2.2 mg/l leaving the Marsh.

138. Bacterial contamination showed much higher levels of total coliforms in upstream stretches of the Agusan river (a high of 16,000 MPN/100 ml), compared to 8.0 MPN/100 ml in the waters entering the Marsh. Feacal coliforms at the entry point were 3.6 MPN/100 ml.

139. Overall the water quality of the Marsh shows mixed results, with no clearcut indication of significant degradation, though it is clearly a matter of concern that requires more regular and extensive monitoring, especially for Total suspended solids (considering the upstream soil erosion), BOD (considering organic matter in the marsh), bacterial and feacal coliforms (considering the use of the water in the marsh for drinking water, nutrients such as Nitrate and Phosphate, and Mercury accumulation. Contaminants from agricultural chemicals have not been measured.

3.4.2 Sources of Pollution – External to the Marsh

140. Water quality in the Agusan River Basin is largely influenced by the inputs of pollutants—particularly hazardous substances from mining, excessive nutrients, some organic material, and solid wastes. Several point and diffuse sources of pollution have been identified and are discussed below.

141. Water Pollution from mining activities. Mercury (Hg) and cyanide have become major water pollutants in Agusan River Basin due to unregulated small-scale mining since these chemicals are the main agents used to separate the gold from the mined ore through the amalgamation-cyanidation process. At least two (2) gold mining areas exist in the ARB: one is within the upper catchment in the Diwalwal Mineral Reservation area in Compostela Valley, and the other mining area is within the middle catchment in the Co-o, Sinug-ang, Tinago and Masabong (COSTMA) areas between Rosario and Bunawan in Agusan del Sur. Surface waters in these areas are suspected to contain mercury and cyanide.

142. Water pollution from agro-industrial sources. Extensive oil palm plantations are

15 Roa, E.C. (2001) Mercury content of some species of fish and aquatic plants in Agusan Rver. Proc. 6th Annual Zonal Commodity RD&E & S&T Planning workshop, Surigao City.

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found in the basin’s middle catchment, notably in Rosario, San Francisco, Trento and Veruela in Agusan del Sur. (see section on land use change around the marsh). A palm oil processing plant is located in Rosario while a coconut oil processing plant is operating in the coastal municipality of Magallanes in Agusan del Norte. Vegetable oil processing generates waste with relatively high levels of organic matter (biochemical oxygen demand or BOD) and, in extreme cases, may render surface water pollution. Specific industrial pollutants generated can also be major contributors of phosphorus (P) and nitrogen (N) that may cause eutrophication of water bodies.

143. Potential water pollution from agricultural chemicals. The potential pollution from agriculture is associated with the use of agrichemicals in rice producing and oil palm areas. The practice is also suspected in areas planted to bananas and high-value vegetables in the uplands. It is, however, difficult to assess the degree to which ecological health, especially of the Agusan marshland/wetland and particularly fisheries habitats, have been compromised in the absence of pertinent water quality monitoring data available on N and P as well as pesticide and herbicide levels in these areas. The presence of significant amounts of phosphates signifies pollution coming from agro-industrial sources and plantations, since phosphates are components of fertilizers. These phosphates become detrimental when they over-fertilize aquatic plants and cause stepped up eutrophication.

144. Water pollution from runoff, erosion and sedimentation. The lack of forest cover, uncontrolled mine tailings, steep slope farming and kaingin (slash and burn) farming, have significantly increased soil erosion. The eroded soil increases suspended sediment loads (thus turbidity) as well as siltation of water bodies (thus shallowing of rivers and floodplains). In Monkayo and Nabunturan, the Upland Development Project of the Department of Agriculture (DA) reports of severe erosion due to upland cultivation in areas with steep slopes. Upland erosion is also a problem in mining areas, particularly in Diwalwal.

3.4.3 Sources of Pollution – Internal to the Marsh

145. Water pollution from domestic wastewater sources. Domestic waste products largely account for the contamination of surface waters in the Philippines. According to Philippine Environment Report of 2003, domestic Biochemical Oxygen Demand (BOD) accounts for 48% of the national BOD.

146. The need to manage human wastes better in flood-prone and water-based settlements has been identified as an urgent problem in barangay studied in Agusan del Sur, particularly in Agusan Marsh.

147. Solid wastes. Compounding this problem is garbage. Wastes from animal farms, wood processing plants and even hospitals are also reported to find their way into waterways. The absence of a comprehensive basin-wide solid and liquid waste management system endangers not only the natural environment of the basin but also the lives of its people.

148. Because of the nature of the floating communities in the Marsh, the solid wastes generated from these communities are relatively small. However, the threats from inadequate solid waste disposal in the Agusan Marsh come from the land-based communities surrounding the marsh, rather than from the floating villages within it.

149. Refer to section 3.7.7 for details of the sanitation and solid waste facilities in the Agusan Marsh.

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3.5 BIOLOGICAL RESOURCES

3.5.1 Biodiversity Profile of the Philippines

150. The Philippines is one of the 18 megadiversity countries, an attribute that refers to countries containing two-thirds of the earth’s biodiversity and about 70-80 percent of the world’s plant and animal species. It is known to host more than 52,000 described species of which more than half are found nowhere else in the world. This high species endemism covers at least 25 genera of plants and 49 percent of terrestrial wildlife. The country ranks 5th in the number of plant species and maintains 5 percent of the earth’s flora. It is also 4th in bird endemism, and has about 121 endemic fish species of which 76 are threatened. On a per unit area basis, the Philippines is believed to harbor more diversity of life than any other country on the planet (DENR-PAWB, 2006, 2010).

151. The Philippines is also considered as one of the world’s biodiversity hotspots due to a large number of endangered and threatened species and the continued alarming rate of degradation brought about by overexploitation, deforestation, land degradation, pollution, and climate change, among others. The Philippines is regarded as one of the global priority conservation areas.

3.5.2 Biodiversity Profile of the Agusan River Basin

152. The Agusan River Basin is part of the Eastern Mindanao Biodiversity Corridor (Figure 3.10) which in turn forms part of the Greater Mindanao Biogeographic Region. It is bounded on the north by Siargao Island, on the South by the area where Mt. Hamiguitan rises, and by portions of the Agusan Marsh to the west. It has a total land area of about 2 million hectares, of which approximately 440,000 hectares are proclaimed protected areas. The EMC has nine (9) Key Biodiversity areas with a total area of 909,191 hectares.

153. The Agusan River is the third longest river in the Philippines. Its watersheds cover an area of some 11,932 km2. There are a number of threatened species within the basin that are susceptible to changes in broad-scale ecological processes, such as freshwater flow regimes and water quality. These include the Philippine Duck (Anas luzonica)), Philippine crocodile (Crocodylus mindorensis), Philippine Small-disked Frog (Limnonectes parvus), Mindanao Spiny Tree Frog (Nyctixalus spinosus), Mottled Bush Frog (Philautus poecilus), Smooth-skinned Tree Frog (Philautus worcesteri), and Asiatic Tree Frog (Rhacophorus bimaculatus).

154. There are priority conservation areas within the Agusan River Basin. Of note are the Protected Areas under the National Integrated Protected Areas System (NIPAS), the identified Key Biodiversity Areas, and the Eastern Mindanao Biodiversity Corridor. The protected areas include the Mainit Hotspring Protected Landscape in the headwaters of the Agusan, located in the municipality of Nabunturan, Compostela Valley. Mt. Hilong-Hilong and the Tagub-Kampalili Range have also been proposed as protected areas.

155. In 2006, a study under the Critical Ecosystems Partnership Fund identified six Key Biodiversity Areas in the ARB. These include Mt. Hilong-hilong (KBA 95); Mt. Diwata Range (KBA 96); AMWS (KBA 97); Bislig (KBA 98); Mt. Agtuuganon/Mt.Pasian (KBA 99); and Mt. Kampalili-Puting Bato (KBA 100). These are linked together in a nearly-contiguous corridor that extends from the upper watershed ridges to the coast. (CI, 2006)

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Figure 3.10: Eastern Mindanao Biodiversity Corridor

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3.5.3 Agusan Marsh

156. A special feature of the basin is the Agusan Marsh, which covers a total area of 1,115 sq km. In 1996 the Agusan Marsh Wildlife Sanctuary (AMWS) was declared a protected area under NIPAS and was named as a Ramsar site being a wetland of international importance in 1999. Of this, only about 192 km2 (19,200 ha) has been declared as a protected area although an additional area to bring the total protected area to 409 km2 (40,900 ha) is presently being proposed for protection pending approval by the Philippine Congress. Figure C.2 shows the current and proposed boundaries of the AMWS.

157. The AMWS is one of the most important biodiversity sites in the country, being the habitat of several species of wild ducks, herons, egrets and other migratory waterfowls, as well as other rare and threatened bird species, the Philippine crocodile and other endemic animal and plant species. The Manobo people consider the AMWS as their home, living in floating houses inside the marsh, and are dependent on the resources provided by the wetlands for their survival.

158. As befits its importance, the biodiversity Agusan Marsh has received a certain amount of attention in the past, dating from 1991, when the AMWS was being considered for protected area status. However, these studies have not always been systematic and were generally presented in the form of checklists. These have been summarized in the recent publication by Conservation International who carried out the most comprehensive surveys of the flora and fauna of the marsh, the status of its ecosystem and the socio-economic conditions of its human populations between 2008 and 2010.16 The following account of ther biodiversity of the Marsh and its importance is largely derived from the work of Conservation International, with additional information from the proceedings of the conference on Agusan Marsh Science, Research and Development held in Butuan City in June 2007.

159. Habitats and land cover: Seven different habitat types can be found in the Agusan Marsh.17

160. Open water ecosystems – including oxbow lakes, floodplain lakes and ponds. There are two sub-types based upon turbidity:

Clear water habitat which is generally acidic and coloured by humic acid because of decomposition of plant materials. They have a high species diversity and faunal biomass because of macrophytes that support large populations of invertebrates, fishes and fish eating birds

Turbid open waters which are filled with silt; low in biodiversity, with inhibited primary productivity of phytoplankton and macrophytes

161. Flowing waters – two sub-types

Those with unidirectional flow such as the Agusan River and its tributaries

Those with bidirectional flow, creeks which flow into the lakes when the Agusan river rises and flow back out of the lakes when the water level recedes

162. Herbaceous swamps – these are extensive throughout the marsh. They are dominated by sedges, grasses and ferns. They are covered in dense vegetation and are hard to penetrate. The extent and stage of ecological succession depends on the priod and 16 Ambal, R.G., Co, L. Sucaldito, M., Ferreras, U., Duya, M. (2010) Flora and Fauna of Agusan Marsh. Conservation International,. 17 Primavera, J.H. and Tumanda, M.I. (2007). The Agusan Marsh: A situationer with focus on scientific aspects. Proc. Conf on Agusan Marsh. Butuan City. The description of habitats draws extensively upon this paper

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depth of water inundation. These swamps are often burnt by people to gain access, which damages their integrity.

163. Scrub swamps – these are herbaceous swamps interspersed with small growing trees, such as Barringtonia and Nauclea. These trees attract roosting birds.

164. Swamp forests – there are several types that have been identified based upon the dominant species of trees:

Terminalia forests. There are several pure stands of T. copelandi in the marshland.

Pygmy or peat swamp forests. Two peat swamp areas have been identified, one north of Bunawan and the other west of Caimpugan. This is considered to be the first peat dome forest in the Philippines. It has three forest zones whose canopies reach 25 – 30 m, 7m and 4 m respectively.

Sago swamp forests, dominated by Metroxylon sagu, used by the local people for construction of floating houses.

Mixed swamp forests, dominated by Barringtonia and Nauclea, and considered to be the rarest type of forest in the Philippines.

165. River bank habitat – this habitat has slightly different vegetation from that found in the lower Marsh areas because of less frequent inundation due to hgher elevation of the river banks along the creeks and rivers.

166. Inundated forest – this is a relatively rare type of forest in the Philippines and is found along the western periphery of the AMWS where there is less disturbance. The habitat may be temporarily inundated, but the soil is not permanently waterlogged.

167. Figure 3.11 shows the land cover map of the Agusan Marsh area, with the various habitats listed above indicated.

168. In addition to these principal wetland habitats, there are a number of degraded habitats, where the original land cover has been cleared for habitation and for agriculture, such as rice fields, e.g. surrounding the Caimpugan Peat dome, or along the river banks where the riverine vegetation has been cleared for rice/maize cultivation, cassava, vegetables and bananas.

169. The land cover of the Agusan Marsh Wildlife Sanctuary and the wider Agusan Marsh Key Biodiversity Area has been interpreted from SPOT 5 imagery by Conservation International and classified as shown in Table 3.6.

170. This clearly shows the dominance of the swamp forest both in the AMWS and the larger KBA area. The next most important class is grassland, followed by peat swamp and rivers and lakes. In the wider marsh area, agriculture (corn and rice fields) becomes more significant, as does the bare/logged land and oil palm plantations. This is indicative of the pressure of landuse change; if these are summed for the wider area, changed land use accounts for 17% of the total land area, compared to 6% of changed landuse in the AMWS.

171. The biodiversity of the Agusan Marsh is very rich. Species of flora and fauna recorded from the Marsh are listed in Annex 1, with particular features described below.

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Figure 3.11: Land Cover Map of Agusan Marsh

Source: Conservation International – Philippines 2010.

Table 3.6: Land Cover Classes of Agusan Marsh Land cover class Area in

AMWS % Area in

Agusan Marsh KBA

%

Ha ha Closed canopy forest 145.8 1.01 458.0 0.84 Open canopy forest 83.1 0.58 1,618.1 2.98 Swamp forest 9,571.1 66.59 29,607.4 54.6 Terminalia forest 21.2 0.15 126.0 0.23 Peat swamp 895.6 6.23 3,744.5 6.91 Lumbia 219.4 1.53 617.3 1.14 Brushland 132.0 0.92 1,356.2 2.5 Grassland 1,536.2 10.69 4,119.2 7.6 River/lake 936.9 6.52 2,374.4 4.38 Lake vegetation 55.5 0.39 1,030.9 1.9

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Land cover class Area in AMWS

% Area in Agusan Marsh KBA

%

Ha ha Bare/logged 269.9 1.88 1,463.5 2.7 Plantation 7.0 0.05 101.4 0.19 Oil palm 117.9 1.53 2,025.3 3.73 Corn field 247.8 1.72 3,728.5 6.88 Rice field 124.1 0.86 1,527.6 2.82 Built-up 9.4 0.07 329.7 0.61

Total 14,373.0 100 54,228.0 100 (Source: Cruz, M.A, Coroza, O., Alvaran, A., Peteros, R. (2010) Landcover and landuse of Agusan Marsh. Conservation International)

172. Flora of Agusan Marsh – During the 2008 surveys of Agusan Marsh carried out by Conservation International a total of 192 species of vascular plants were collected and identified. Sixteen of these species are endemic to the Philippines, and eleven are considered threatened.

173. Aquatic Invertebrates: Aquatic invertebrates can be good indicators of the ecological health of a wetland. As reported in the 2007 scientific meeting on Agusan Marsh18 a total of 59 species of aquatic insects have been recorded from the major habitats of the marsh. There were 28 species of water beetles, 17 species of aquatic and semi-aquatic bugs, and 11 species of dragon flies, mostly Libellulids. Most species are fairly evenly distributed between the habitats, although there are clearly somes species that are associated with particular habitats. The even distribution probably results from the hydrological links between the habitats, especially during the high water season.

174. Insect surveys also indicate that rice fields tend to have lower species richness than the natural habitats. The habitat with the highest species richness was the sedge-dominated swamps, but of the ricefields, those nearest fern-dominated swamps had the highest diversity. Rice fields are considered to be useful corridors for the continued existence of aquatic insects, especially during the dry season.

175. The Sedge dominant habitat and Terminalia forests where most unique, aquatic insects are found, may guide conservation management and provide wetland health monitoring indicators.

176. Molluscs and crustaceans in Agusan marsh were also described in the 2007 scientific meeting.19 Eleven species of crustacean were recorded, including two species of shrimp, six species of river prawn, two crab species and one isopod. All are native species, and apart from the Freshwater Giant Prawn (Machrobrachium rosenbergii) all are considered abundant.

177. Nine mollusc species were recorded in the Marsh, six of which are native, one endemic to the Philippines (Belamaya angularis) which was scarce, and two introduced (the

18 Varela, R.P. & Gapaud, V.P. (2007) Species richness, Abundance and Distribution of Aquatic insects of Agusan Marsh. Proceedings of the First Scientific Conference on Agusan Marsh, Butuan City. 19 Hubilla-Travis, M., Kis, F., Primavera, J.H. (2007) Inventory of aquatic fauna of Agusan Marsh with notes on introduced species and their potential impacts on biodiversity. Proceedings of the First Scientific Conference on Agusan Marsh, Butuan City.

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Cockscomb pearl mussel, Cristaria plicata, and the Golden Apple snail, Pomacea canaliculata), both abundant. The two native apple snails, Large Asiatic apple snail, Pila ampullacea, Native apple snail, Pila conica, were both scarce.

178. Fish: Forty-four species of fish have been recorded in five different studies in the Agusan Marsh. About 50% of these species live only in freshwater, whilst 45% move between freshwater and saltwater for parts of their life cycle, whilst one species, Giant mottled eel, Anguilla marmorata, migrates from the Marsh to breed in saltwater. Two extremely rare species of elasmobranch, the Ganges shark, (Glyphis gangeticus) and Large tooth sawfish (Pristis microdon) are reported to visit the Agusan Marsh.

179. One species of carp is endemic to the Agusan Marsh, the Simulao carp, Puntius montanoi. The juveniles of this species are often found under the floating houses, whilst adults are scarce. Twenty-seven of the species are native to the Philippines and ten species are introduced, and there is evidence that the native species of catfish have declined because of introduced specis such as North African hito, Clarias garienpinus, and the Janitor Fish.

180. The most abundant species are the Nile Tilapia, Oreochromis niloticus, C. gariepinus, the Common Carp, Cyprinus Carpio, the Tank Goby, Glossogobius giuris, the Janitor Fish, the Three-spot Gourami, Trichogaster trichopterus, and the Guppy, Peocilia reticulata. These are all introduced species. The only native species that forms part of the regular catch of fishermen is the Mudfish, Channa striata. The valued Freshwater snapper, Lutjanus argentimaculatus, (Guingaw) is extremely rare.

181. Amphibians: Five families of Amphibians were recorded in the AMWS. Bufonidae, Microhylidae, Pelobatidae, Ranidae, and Rhacophoridae. A total of thirty three species have been identified, of which seventeen are endemic to the Philippines, of which ten are endemic to Mindanao. Twelve of these species are considered threatened.

182. They are found in montane and lowland forests inhabiting the forest floor and breeding and laying eggs in the leaf litter, or inhabit arboreal microhabitats. The non-endemic species are an arboreal species, found in tropical frorests and shrubland, a species that is found in leaf litter of lowland and hill forests and an opportunistic and commensal frog that is found through many human habitats.

183. Reptiles: Fifty three species of reptiles have been recorded in Agusan Marsh, of which thirty-four are endemic to the Philippines and 11 are endemic to Mindanao. These include two species of turtle, two species of crocodile, seven species of Gekkos, six species of Agamid lizards, including the flying lizards (Draco ornatus and D. bimaculatus), nineteen species of Skink, one monitor lizard, and sixteen species of snake, including Reticulated Python and Samar and Philippine Cobras (Naja samarensis & N. naja mindanensis), and the Philippine pit viper (Trimerusurus flavomaculatus).

184. Six species of the reptiles20 are rare or extremely rare. These include the sailfin lizard, Hydrosaurus pustulatus, a Philippine endemic, and the Common water monitor, Varanus salvator. There are two species of crocodile, the Freshwater crocodile, Crocodylus mindorensis, a Philippine endemic, and the Estuarine crocodile, C. porosus. There are two species of turtle, Malayan Freshwater turtle, Cuora amboinensis, and Cantor’s Giant soft-shell turtle, Pelochelys cantorii. The latter turtle is found in the rivers, whilst the former inhabits the lakes.

185. The two crocodile species are found in mutually exclusive areas, but may move into

20 Ibid.

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common waters. Freshwater crocodile breeds in and around Lake Dinagat, whilst the Estuarine crocodile is found in two locations, breeding near Lake Mihaba and Lake Binoni.

186. Birds: A total of 198 species of birds have been identified in Agusan Marsh. Of this, 67 are endemic to the country, 48 are endemic to Mindanao while 10 are threatened species Twenty six of the species listed are migratory. Migratory birds reach a peak in November/December.

187. The Mixed Swamp Forest has the highest species richness, whilst the Peat Swamp Forest has the highest number of migratory birds. The highest endemicity was found in the Terminalia Forest, whilst the Sago forest had the elast number of bird species.21

188. Forty-six species of birds including six migratory species have socio-econonomic importance. This includes use as a source of meat of the Purple heron, 12 species of dove, three species of kingfisher, five species of falcon, one species of pheasant, six species of rail. Seven species of heron/egrets are used for medicinal purposes (down feathers) three species of parrot are traded and for seed dispersal, whislt four species of cuckoo and two species of woodpecker are important for pest and insect control.

189. Trapping and hunting of these species is of concern for biodiversity conservation, but the more widespread changes in land use with loss and degradation of the swamp forest habitats has the potential for causing the greatest loss of species.

190. Mammals: Of the 28 species of Mammals recorded in Agusan Marsh, 15 species are Philippine endemic and one Mindanao endemic. Six (6) species of small pteropodid bats and common rat have been collected. The large Mindanao Forest rat (Bullimus bagopus), Squirrels were observed while the occurrence of the Brown Deer (Rusa marianna) and Bearded Pig (Sus philippensis) has been reported by the local people and observed in the Peat swamp. Small fruit bats are very common, possibly due to the numbers of fruit trees around Bunawan. Sightings of Long-tailed Macaque (Macaca fascicularis) in Agusan Marsh has also been reported, and a Tarsier (Tarsier syrichta) have been collected.

191. Of the fruit bats, the Musky Fruit Bat (Ptenochirus jagori) and Philippine Nectar Bat (Eonycteris robusta) are both Philippine endemics. There is an important fruit bat colony near Lake Panlabuhan; this colony moved in recent years from a location in Bunawan, probably because of disturbance. This colony includes two other important species - Acerodon jubatus (Golden-crowned flying fox) which is endemic to the Philippines and is endangered, and Pteropus vampyrus (Large flying fox) which is non-endemic but near-threatened.

192. Invasive species: There are about 12 species of aquatic fauna in the Agusan Marsh – 10 fish, one bivalve and one snail. Accidental introductions of invasive species such as Janitor fish (Pterygoplichthys disjunctivus) from the aquarium trade, and the deliberate stocking of Carp, (Cyprinus carpio), Catfish (Clarias batrachus, and C. gariepinus) and Tilapia (Oreochromis niloticus) may be displaing some of the native Marsh species. The Jantor fish is perhaps the most notorious competing for food with the native catfish, carp, mudfish, tarpons, mullets, tilapia and other fish species found in the marsh. They also compete with bivalves and gastropods for food. Their burrowing activity and nest holes may increase water turbidity suppress biofilm production.

193. The Golden Apple Snail (Pomacea canaliculata), was introduced between the 1970s and 1980s, causes extensive damage to rice crops, and may be a factor in the decline of native marsh snails by feeding on rice blades. The Cock’s comb pearl mussel (Cristaria plicata) can cause injuries to fishermen when they step on the sharp shells buried in muddy 21 Sucaldito, M.P & Nuneza, O.M. (2007) Distribution of avifauna of the Agusan Marsh. Proceedings of the First Scientific Conference on Agusan Marsh, Butuan City.

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banks.

194. Water hyacinth (Eichornia crassipes) threatens to block up some of the waterways, and some lakes are almost completely covered in this invasive species, e.g. Lake Dinagat, restricting access by both local fishermen and visitors. However, this is also the breeding area for the endemic Freshwater crocodile.

195. Rare and Endangered species: The Conservation International studies identified a total of 192 vascular plant species, of which sixteen are endemic to the Philippines, and eleven are considered threatened.

196. The Agusan Marsh contains 25 endangered vertebrate species, including one Critically Endangered reptile (Philippine Crocodile, Crocodylus mindorensis), two Endangered species (Cantor’s Giant Soft-shell turtle, Pelochelys cantorii and the Golden-crowned flying fox, Acerodon jubatus) and eleven Vulnerable amphibians, eight vulnerable bird species and three Vulnerable mammal species.

197. Nine of the eleven vulnerable amphibian species are endemic to the island of Mindanao, and all of the threatened bird species are endemic to the Philippines, with one, the Silvery Kingfisher (Alcedo argentata) being restricted to Mindanao. Three out of the four threatened mammal species are endemics, including the Bearded Pig (Sus philippensis) and the Philippine Brown Deer (Rusa Mariann); both are vulnerable.

198. Of the threatened species, all eleven amphibians, the Philippine crocodile, Cantor’s Giant Soft-shell turtle and three of the threatened bird species (the Philippine duck, Anas luzonica, the Philippine Dwarf Kingfisher, Ceyx melanurus, and the Silvery Kingfisher) are considered to be susceptible to broad-scale ecological processes, such as changes in flow through the marsh, changes in land use and water pollution. Figure 3.12 shows the distribution of some of these species in the Marsh.

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Figures 3.12: Habitat Maps of the Potential Distribution of Globally Threatened Species within the Agusan Marsh KBA

(A – Pelochelys cantorii and Crocodylus mindorensis; B – endemic amphibians; C - non-endemic amphibians, Ceyx melanurus and Anas luzonica; and D - Alcedo argentata). Source: Conservation International - Philippines 2010.

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3.5.4 Ecosystem Functions and Services of Agusan Marsh

199. The Agusan Marsh provides some classic examples of extremely valuable wetland ecosystem services. Using the Ramsar listing of key services, those provided by the Agusan Marsh are outlined below.

200. Flood control: The Agusan Marsh has been described as “acting like a giant sponge, soaking up excess water from the mountains during the rainy season, creating a huge area for wetland wildlife and protecting the downstream towns and Butuan City from catastrophic floods”22. The hydrological studies carried out under the Master Plan indicates that Agusan Marsh reduces the extent of downstream flooding to approximately 30% of what might be predicted from the combined flows of the Agusan tributaries. This is also recognized in the Ramsar Information Sheet 1999 in its justification for designating the site as a Ramsar Site.

201. Whilst flood defences have now been constructed in Butuan City, if it were not for the marsh, these defences would have had to have been considerably higher and more extensive.

202. Groundwater replenishment: The Agusan Marsh is reported to store about 15% of the freshwater resources of the Philippines, emphasizing its great hydrological importance, both for surface waters and providing a reserve for groundwater replenishment.

203. Sediment & nutrient retention and export: The flood-plain of the Agusan Marsh has over the centuries served to slow down the river allowing the high sediment load to settle out, forming a rich alluvial valley. This flood-plain has characteristic raised river banks or levees, formed by the deposition of silt during times of high flows. This characteristic is found only in two other wetlands in the Philippines – Candaba Swamp and Liguasan Marsh.

204. There is clear evidence that the sediment load of the Agusan River has risen significantly in recent years, due to land use changes, deforestation and mining activities. The Agusan Marsh plays a part in removing some of this sediment before it is passed on downstream. There is certainly a limitation to the capacity of the Marsh to accept these high levels of sediment on a continuous basis without detriment to the marsh ecosystem.

205. The Marsh also acts to retain nutrients released into the river upstream through natural processes augmented by increased use of agricultural fertilizers, especially from some of the irrigated areas and agro-forestry plantations. The extended time that the water spends in the Marsh allows productivity of aquatic plants that will remove excess nitrates and phosphates from the water.

206. Water purification: The Marsh provides a good example of the removal of contaminants such as mercury both in the sediments and in plants that bioaccumulate heavy metals such as water hyacinth. Again there is probably a limit to which the marsh can do this effectively and safely.

207. Reservoirs of biodiversity: The richness of the biodiversity of the Agusan Marsh has been described above, and its designation as a Ramsar site is recognition of this. The fact that it remains a haven for a wide variety of endemic and threatened species emphasizes its importance for biodiversity. Of the two other similar marshes in the Philippines, Candaba Swamp and Liguasan Marsh, the Candaba Swamp is already significantly modified. The marsh has enormous scope for research and educational purposes studying its biodiversity and ecosystem.

22 Primavera, J.H., Tumanda, M.I.

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208. Wetland products: The provisioning services provided by the marsh include the fish caught, wood for construction and fuel, fibre e.g. sago palm and rattan for thatching and basket making. Some of the floodplain areas that were originally forested or marsh, have been converted to rice fields. Raised river bank areas are cultivated during the dry season with corn, banana and coconuts. Hunting and trapping of wetland birds and mammals is also practiced by some communities.

209. Cultural values: The Manobo people have specific cultural values associated with the Marsh. According to the IPDF of the Master Plan, the IPs did not consider themselves poor so long as they had their land, forests and rivers. They posess an intimate knowledge of the forest and wetland environment and generally preserve, restore and maintain a balanced ecology in these ancestral domains. The festivals celebrated in each of the municipalities surrounding the Marsh are largely derived from this association. The peat dome area near Caimpugan and Lake Kasawangan (San Francisco) are considered to be sacred areas, requiring appropriate ceremonials to be observed, e.g. when entering the area. The IPs consulted also identified Lake Kobasayon and Lake Bukogon in the Panlabihan area of Loreto as sacred ground.

210. Recreation & tourism: The eco-tourism potential of the Marsh is seen as one of the major opportunities for alternative livelihood of the marsh inhabitants and the economic development in the province generally. Already the marsh offers recreational opportunities for boating and picnicking for local residents of the municipalities, and attempts are being made to expand its attractiveness to domestic and international visitors.

211. Climate change mitigation and adaptation: Peat swamps make an important contribution towards the sequestration of carbon, through the conversion and storage of carbon dioxide in the organic matter that builds up in the peat swamp. If the peat swamps are not disturbed, that carbon is locked up and can not contribute towards global warming.

212. The peat swamps in Agusan Marsh are estimated to cover a total area of 896 ha in the AMWS and 3,745 ha in the wider area of Agusan Marsh. The loss of these peat swamp areas, either through drainage for agricultural land, of direct extraction of the peat, would add considerably to the Philippine contribution to green-house gas emissions. If the area is drained for rice cultivation, there would be an added contribution to green house gases from the methane released from inuindated rice fields.

213. Climate change may have an impact both upon the patterns of rainfall and the occurrence of extreme events such as storms and flash floods. The marsh has been identified as an important feature for reducing the impact and onset of floods, but is itself prone to flooding, many of the municipalities surrounding the marsh experience 20 – 30% of their land area being flooded each year. The whole way of life of people in the Marsh shows a characteristic adaptation to frequent flooding, both in the cropping pattersn and in the architecture of the floating houses.

214. If climate change results in increased rainfall and run-off, with an increase in the depth and duration of inundation, it will be able to adapt to this, because of its current extent and integrity, with a change in the distribution of some of the natural habitats. If the Marsh is under pressure from other human use, e.g. drainage and conversion to agriculture and agro-forestry plantations, then it will be less able to adapt to climate change induced hydrological patterns.

3.5.5 The Agusan Marsh Wildlife Sanctuary Management Plan

215. The five-year old Management Plan (2006-2010) envisions “A sustainably managed Agusan Marsh Wildlife Sanctuary with its terrestrial and aquatic ecosystems and habitats

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conserved, protected and managed by empowered Lumads and Tenured Migrant Communities”.

216. Its mission is to “Empower local communities to be partners in park management, and create environment policy with the PAMB and other relevant bodies to ensure integrity of the AMWS”.

217. The goals and objectives of the Plan are the following (Table 3.7):

1. Conservation, protection of the various habitats and associated biodiversity.

2. Development of sustainable local livelihood and tenurial security and improvement for protected area communities.

3. Strengthen the PAMB and other stakeholders in the management of Agusan Marsh especially in the Protected Area.

218. Under each goal/objective are items that elaborate on the particular goal/objective.

Table 3.7: Goals and Objectives of Agusan Marsh Wildlife Sanctuary Management Plan Goals and Objectives Activities Conservation, protection of the various habitats and associated biodiversity

Rehabilitate degraded areas and restore biodiversity using collaborative approach Sustain Biodiversity Monitoring System (BMS) with the active participation of local communities Establish the boundary of the different management zones

Development of a sustainable local livelihood and tenurial security and improvement for protected area communities

Strengthen community capabilities in livelihood development Manage local resources through the formulation and implementation of Community Resource Management Plan (CRMP), the Ancestral Domain (ADSDPP)

Development of a sustainable local livelihood and tenurial security and improvement for protected area communities

Transform local communities through the issuance of Tenurial Instruments to Tenured Migrants and IPs Achieve sustainable use of resources within the designated zones three years after the issuance of tenurial instrument

Strengthen PAMB and other stakeholders in the management of Agusan Marsh especially in the Protected Area

Empower PAMB and other stakeholders for the protection of AMWS Strengthen collections of fees for IPAF to support management of AMWS through collaboration with Municipal and Provincial Tourism Officers, and the study on the willingness to pay for the resource use

- Educating the general public on environmental concerns through intensified Communication, Education, Participation, and Awareness (CEPA)

- 219. Below are the identified Strategies in the AMWS Management Plan:

Strengthening and institutionalizing collaborative mechanism among the different stakeholders to improve management of Agusan Marsh and instensify enforcement of environmental laws and regulations.

Adapt the use of Zones as Management Unit to guide and give basis to barangays within the Marsh in the preparation of their Barangay Development Plan and to identify specific and defined intervention in every zone..

Implement resource rehabilitation and restoration activities to prevent further destruction of habitats and improve productivity of the Marsh.

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Conduct research and establish a common database for Agusan Marsh to improve understanding of its resources and dynamic interactions.

Promote a resource-based livelihood for the local occupants. Generate a sustainable funding mechanism to assure continuous support for the

management of Agusan Marsh.

220. International signifiance: Agusan Marsh Wildlife Sanctuary has been designated as both a Ramsar site as a wetland of international importance in 1999, and as a UNESCO natural World Heritage Site in 2006. The UNESCO designation is still pending.

221. The Ramsar designation was based upon:

Criterion 1: A wetland should be considered internationally important if it contains a representative, rare, or unique example of a natural or near-natural wetland type found within the appropriate biogeographic region. According to the 1999 Ramsar Information Sheet for Agusan Marsh, “it is a particularly good representative example of a wetland which plays a substantial hydrological, biological, or ecological role in the natural functioning of a major river basin or coastal ecosystem, especially where it is located in a transborder position”,

Criterion 3: A wetland should be considered internationally important if it supports populations of plant and/or animal species important for maintaining the biological diversity of a particular biogeographic region. According to the 1999 Ramsar Information Sheet “it is of special value for maintaining the genetic and ecological diversity of a region because of the quality and peculiarities of its flora and fauna”.

222. The UNESCO designation was based upon criterion (ix) “to be an outstanding example representing significant on-going ecological and biological processes in the evolution and development of terrestrial, freshwater, coastal and marine ecosystems and communities of plants and animals and criterion (x) to contain the most important and significant natural habitats for in-situ conservation of biological diversity, including those containing threatened species of outstanding universal value from the point of view of science or conservation.

3.6 HUMAN RESOURCES

3.6.1 Populations and Settlements

223. In 2007, the population of Agusan Del Sur was 607,447 and had been growing at a rate of 1.19% per year between 2000 and 2007.

224. There are eight (8) municipalities and with a total of 127 barangays, and out of the 127 barangays, 61 lie within Agusan Marsh. Based on the 2000 census, total populations within the 61 barangays were 117,683, and a total household of 21,594 as shown in Table 3.8.

225. The population growth rate in the Marsh municipalities shows a surprising variation, see Table C.9. ranging from over 5% per year in some barangays, through over 3% in other and down to negative population growth in a few others. Loreto, San Francisco and Talacogon all generally show a higher population growth rate than the provincial average.

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Table 3.8: Populations of the Municipalities Surrounding the Agusan Marsh

Number Population Households HH Size1. SAN FRANCISCO 27 14 27,092 5,061 5.352. ROSARIO 11 6 16,740 3,188 5.253. BUNAWAN 10 6 10,310 1,997 5.164. LORETO 17 7 15,109 2,580 5.865. LA PAZ 15 6 9,796 1,839 5.336. TALACOGON 16 13 22,803 3,941 5.797. VERUELA 20 5 9,538 1,811 5.278. STA. JOSEFA 11 4 6,295 1,177 5.35

TOTAL 127 61 117,683 21,594 5.45

Municipalities Total No. of Barangays

Barangays Inside Agusan Marsh

Municipalities, Number and Population of Barangays Located Within Agusan Marsh - YR 2000

226. The people who live in the Marsh can be grouped into three classes:

People who reside permanently in the Marsh, living in floating houses, mainly around the major rivers, especially at confluences such as Sapang Gibong and Sapang Adgaoan.

People who live in Agusan marsh only during the dry period, and who move out to the periphery during the flood season.

People who live permanently on the periphery of the Marsh and who move into it on a daily basis.

227. One of the characteristic features of the settlements in the Agusan marsh are the floating houses. Table 3.9 shows the numbers of floating households in each barangay/municipality.

228. According to the socio-economic survey of the population in the Marsh carried out by the PPTA, 66% of the hosues were built of light materials, such as cogon, nipa, anahaw, and wood. 15% were of mixed construction, but predominantly strong materials, and 12% of strong materials.

229. The average household size of people living the Marsh is 5.5 persons per household, mostly single families who own their own house. About 26% of the household heads are women. 23

230. The numbers of children under 14 per household were 1 child – 25%; 2 children – 19%; 3 children – 16%; 4 children – 8%, 5 children – 5%.

23 PPTA, Socio-economic survey 2010

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Table 3.9: Current and Projected Numbers of Floating Households in Agusan Marsh

Historical Annual Growth Rates

(%)2000-2007 Yr 2010 Yr 2015 Yr 2020

1. SAN FRANCISCO 1 Buenasuerte 5.79 184 244 324 4302 Caimpugan 2.23 229 255 285 3183 Ebro 1.94 27 32 37 424 New Visayas -0.09 196 196 196 196

Sub-Total 636 727 842 9862. ROSARIO 1 Novele -1.15 163 153 143 133

Sub-Total 163 153 143 1333. BUNAWAN 1 Neueva Era 10.24 16 26 43 69

2 San Marcos 2.98 82 96 111 128Sub-Total 98 122 154 197

4. LORETO 1 Poblacion 1.34 184 197 212 2272 Katipunan -3 70 60 50 45

Sub-Total 254 257 262 2725. LA PAZ 1 Poblacion 3.64 182 218 261 313

2 Sabang Adgawan 2.49 54 59 67 77Sub-Total 236 277 328 390

6. TALACOGON 1 Buena Gracia 0.25 97 97 97 972 Causwagan 3.54 195 232 275 3273 Desamparados 5.27 40 51 66 854 La Flora 0.22 176 176 176 1765 Maharlika -3.09 131 111 96 816 Sabang Gibong -0.18 146 146 146 1467 San Agustin 1.35 154 164 174 1848 San Isidro 0.33 34 34 34 349 San Nicolas -3.11 314 268 229 19610 Zillovia -1.45 113 103 98 93

1400 1382 1391 14192,787 2,918 3,120 3,397

2005 HH*

Total within Agusan MarshSub-Total

Table 2: Projected Floating Households - Delineated Barangays within Agusan Marsh

Municipality BarangayProjected Floating Households

3.6.2 Indigenous peoples

231. The ARB is home to several indigenous peoples such as the Mansaka, Mandaya, Manobo, Dibabawon, Higaonon and the Bagobo. Using NCIP estimates for 2006, they represented about 61% and 38% of the regional populations of Region XI (Southern Mindanao), and Region XIII (Caraga) respectively in 2007. These are some of the highest concentrations of indigenous peoples in the country.

232. In the Agusan Marsh, the indigenous peoples belong to the Manobo group. Based upon the 2000 census figures, the IP population of Agusan del Sur is about 17.2% of the total population of the province, but in the municipalities surrounding the Agusan Marsh, there are nealy 62,000 IPs, making up 26.5% of the population (see Table 3.10). The three municipalities with the highest proportions of IPs are La Paz, Loreto and Bunawan, with 63, 43 and 35% respectively. However, when the population of the Marsh areas are considered the IPs make up a significant majority and nearly 100% of all the people living in the floating houses.

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Table 3.10: Populations of Indigenous Peoples in Municipalities surrounding Agusan Marsh

Municipality IP

population Non-IP

population

% IPs of Municipal population

Bunawan 6,902 19,802 34.8 La Paz 13,230 7,650 63.4 Loreto 13,683 17,682 43.6 Rosario 5,514 23,161 19.2 San Francisco 6,134 50,834 10.8 Santa Josefa 2,037 20,693 9.8 Talacogon 3,994 26,885 14.8 Trento 6,419 35,277 15.4 Veruela 4,041 32,181 11.1 Total around Agusan Marsh 61,954 234,165 26.5 Total in Agusan del Sur 96,360 462,934 17.2

(Source: National Statistics Office, 2000 Census)

3.6.3 Livelihoods

233. The livelihoods of the people living in the municipalities surrounding the Agusan Marsh are principally based upon agriculture and fishing. According to the PPTA socio-economic survey, about 30% of the household heads were involved in farming or fishing as their primary source of income, followed by 13% who had their own business, and 10% in government employment and 6% in private employment. Other income sources included temporary labour, street vending. About 7% of the respondents were unemployed.

234. Some 47% of the households in the survey had only one working member, although 28% of households had more than two or more members contributing to the household income.

235. In terms of resource utilization, agriculture and timber extraction are the major activities in areas surrounding the marsh. Small scale mining prevails in the eastern side of the Agusan Marsh, (Rosario) and is more extensive in the upstream river basin across Compostela Valley and Agusan del Norte.

3.6.4 Income and Poverty Incidence

236. Poverty incidence in Regions XI and XIII has increased since 2000. Both regions posted much higher rates than the national average. In 2006, the respective averages were 31% and 46% of households as compared to 27% for the whole country. The poverty threshold income was lower compared to the national incidence and rate of P1,255 monthly per capita. Certain project municipalities such as La Paz and Esperanza posted rates of about 70% below the poverty threshold during the same period.

237. The PPTA socio-economic survey showed that 37% of respondents had no savings and 34% had under 1000 Pesos in savings.

238. Other social indicators reveal low levels of welfare. In the Agusan Marsh

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municipalities24,

Adult literacy rate is below 50% for males and just above 50% for females.

School participation rate is over 90% for elementary school but dropped to just above 50% or lower for high school, highlighting disparities with national patterns.

The number of underweight pre-school children is as high as 65% in the Agusan Marsh and over 30% for surrounding municipalities.

More than half of households do not have access to safe water in such towns as La Paz, Talacogon and Loreto.

Access to electricity is even lower (15% for La Paz).

Fuel wood is used for cooking by 67–97% of the households.

There is a high birth rate in interior towns compared to exterior towns reached by the road network.

239. Yet IPs may well have a different perspective on poverty, and poverty indicators used by formal institutions may not always be appropriate. Indigenous people in Mindanao point out that their quality of life is threatened by powerlessness and dependency, loss of knowledge of indigenous knowledge systems, loss of affinity with ancestral domains, and failure to belong. One member of an IP group in the ARB said that as long as they have the land, forest and rivers as well as their relatives and community, they do not consider themselves poor.25

3.6.5 Public Health

240. Morbidity. Acute Respiratory Infection (ARI) is the top leading cause of disease of the province of Agusan Del Sur across all sex and ages from 2004 to 2009. From the 2009 data, following ARI as the leading cause of disease are influenza, wound, diarrhea, hypertension, parasitism, urinary tract infection (UTI), pneumonia, asthma, and abdominal pain. Diarrhea is consistently in the top four causes of disease in Agusan del Sur since 2004. Other sanitation-related diseases like schistosomiasis, parasitism and skin diseases were prevalent only in 2004 to 2009.

241. Mortality. The top leading cause of death from 2004 to 2009 is a non-communicable disease in nature, cardiovascular disease or cerebrovascular accident (CVD/CVA). Other non-communicable diseases that rank most in the top ten leading causes of death in 2009 were accident or violence, cancer, senility, stillbirth, gunshot and liver diseases. The communicable diseases that resulted in a high number of deaths in 2009 are pneumonia, tuberculosis and chronic obstructive pulmonary.

242. Access to medical facilities is available to residents of Agusan Marsh because there are three government and three private hospitals situated in four municipalities. The three government hospitals are spread in three municipalities, namely Bunawan, La Paz and Loreto. Of the three government hospitals, Bunawan District Hospital has the largest number of bed capacity (n=50). Two of the three private hospitals are located in Trento and the other private hospital is found in San Francisco. Table 3.11 shows the medical facilities located in the Marsh municipalities.

24 Human Wellbeing in the Agusan River Basin, Conservation International, Presentation to the Protected Areas Management Board of the Agusan Marsh, May 26, 2010. 25 Mann, E, & Cola, R. 2008. IPDF, Agusan River Basin Master Plan.

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Table 3.11: Medical Facilities in Agusan Marsh Municipalities Name of Clinic/Hospital Location No. of

Beds Classification

Bunawan District Hospital Bunawan 50 Government- Secondary Loreto Municipal Hospital Loreto 15 Government- Primary La Paz Municipal Hosiptal La Paz 15 Government- Primary Franco Clinic and Hospital Trento 10 Private- Primary

Rico Medical Clinic and Hospital Trento 10 Private- Primary Dioso Medical Clinic San Francisco 10 Private- Primary

Source: Provincial Health Office Accomplishment Report 2009.

3.6.6 Education

243. The literacy rate of the indigenous people in Mindanao is among the lowest in the Philippines. Contributory factors are as follows:

distance of barangay public schools from the communities of indigenous people;

lack of sensitivity of the public school curriculum to indigenous culture;

wide use of English and Tagalog as the medium of instruction, rather than local language;

lack of teachers and teachers leaving early on Fridays and arriving late on Mondays; and

inability of households to support their children’s education financially.

244. Of the respondents in the PPTA socio-economic survey, 31% of the heads of household in the Agusan Marsh had only elementary schooling, 32% had high school education, 5% vocational training and 23% college education.

245. Over 90% of the children in the Marsh municipalities attend primary school, but only about 50% of them attend secondary level schools. In all of the municipalities just under 50% of the adult men are literate and just over 50% of the adult women are literate.

3.6.7 Physical or Cultural Heritage

246. There are some culturally and spiritually significant locations for the Manobo in the Marsh. In particular the Caimpugan Peat Dome and Lake Kasawangan (San Francisco and Talacogon) and Lake Kobasayon and Lake Bukogon in the Panlabihan area of Loreto were mentioned as sacred ground at the PPTA Focus Group Discussions. Certain rituals may be required for these areas from time to time.

247. One of the characteristic features of the Agusan Marsh are the floating villages, with specially constructed houses that rise and fall with the water level. There are nearly 3,000 floating houses distributed in the different municipalities surrounding the Marsh (see Table 3.9).

3.6.8 Current Use of Lands and Resources for Traditional Purposes by Indigenous Peoples

248. Most of the Agusan Marsh Wildlife Sanctuary is within Manobo ancestral domains. Buffer zone areas have also been settled by migrants. Farmers (70%) in the buffer zone have an average landholding of 1 hectare. Others received land grants of 3 hectares under

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the Comprehensive Agrarian Reform Program and DENR’s Handog Titulo Program. The Iglesia ni Cristo settlement between Veruela and Bunawan covers 9,000 hectares of reserved lands for its settlers. They were awarded 3-hectare areas per family. Elsewhere, Certificate of Land Ownership Award (CLOA) were distributed by the Department of Agrarian Reform covering at least 109,610 hectares of land within the 8 municipalities in the Agusan Marsh. This represents over 94% of CLOAs awarded for all municipalities of Agusan del Sur.26

3.7 ECONOMIC DEVELOPMENT

3.7.1 Transportation (Roads, Harbors, Airports, and Navigation)

249. The principal arterial road through Agusan del Sur is Route 16, the Maharlika Highway running from Butuan City southwards to Davao City. This runs on the eastern side of the Marsh, linking the municipalities of San Francisco, Rosario, Bunawan and Trento. Side roads link with the municipalities of Talacogon in the north and Veruela and Sta. Josepha in the south.

250. Access roads to the municipalities on the western side of the marsh, La Paz and Loreto are less developed, and roads are generally in poorer condition. River access from the eastern side remains the quickest form of transport across or round the Marsh.

251. Access into the Marsh from the east may be made by a number of small poorly maintained, dirt roads from Route 16, e.g. to Caimpugan (the community nearest the peat dome) and Mambalili (leading to the PAM unit offices) and San Marcos.

252. There are established wharves with small river transport and passenger craft in Talacogon and Bunawan, which represent the principal entry and exit points to the Marsh.

253. In the Marsh entry and exit municipalities of Bunwan and Talacogon, there are a number of covered, motorized passenger boats (pumpboats), carrying up to 20 persons. These are used for public transport into, across and out of the Marsh and for transport of visitors.

3.7.2 Agricultural Development 27

254. Agriculture for rice and corn production is the principal form of agriculture in and around the Marsh. In Agusan del Sur, among the areas with bigger hectarage for rice production are Bunawan, Veruela, San Francisco and Esperanza. Bunawan, San Francisco and Veruela are among the municipalities found in the buffer zone of the Agusan Marsh Wildlife Sanctuary (AMWS). Some of the rice areas were previously natural habitats such as lanipao (Terminalia catappa) forests, sago (Metroxylon sagu) forests or sedge-dominated swamps drained and converted into ricefields.

255. With the establishment of irrigation facility in Veruela, the Logom-Baobo Irrigation Project, expansion of rice areas can be expected. Likewise, the irrigation facility in Rosario, Agusan del Sur also encourages the farmers to open new areas for rice production. See Table 3.12.

26 PPTA 2010: DFR Safeguards 27 PPTA 2010: Assessment of Agricultural and Tree Plantation Development in the Agusan River Basin

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Table. 3.12: Rice Production in the Agusan del Sur Municiplalities

Municipality

Irrigated (Inbred) Rainfed Lowland/Upland Area (Ha.) Farmers Area (Ha.) Farmers

Planted Harvested Served Planted Harvested Served San Francisco 2,208 2,208 661 4,584 4,584 1,873 Rosario 1,362 1,362 447 1,535 1,535 572 Bunawan 4,059 4,059 1,485 1,949 1,949 894 Trento 3,717 3,717 1,153 716 716 220 Sta. Josefa 1,857 1,857 428 3,248 3,248 816 Veruela 2,630 2,630 625 5,407 5,407 1,553 Loreto 319 319 172 1,655 1,655 836 La Paz 178 178 65 1,657 1,657 709 Talacogon 370 370 133 1,146 1,146 357 San Luis 532 532 320 1,058 1,058 578 Esperanza 3,151 3,151 1,030 4,029 4,029 1,433 TOTAL 20,383 20,383 6,519 26,984 26,984 9,841

Source: Municipal Agriculture Office.

256. Corn production in the Marsh is generally practiced during the dry, low flow season, especially along the river banks.

257. Oil palm plantations have been increasing in the areas around the Marsh. Recent expansions of oil palm plantations can be seen in the peripheral areas of Agusan Marsh particularly in Kalingayan, Bunawan, Agusan del Sur and Novele, Rosario, Agusan del Sur. Moreover, areas planted to oil palm have increased in Sta Josefa and Trento. In other towns, few areas have been opened but not aggressively expanding as manifested in La Paz, Loreto and Talacogon. The main plantations are shown in Table 3.13 and the total in Agusan Del Sur in Table 3.14. There are two long-established oil palm milling plants located in Rosario and Trento.

Table 3.13: Major Oil Palm Growers in Caraga within the Agusan River Basin

Name of Firm Location Date Established

Plantation Area (ha)

Filipinas Palmoil Plantations, Inc./ NDC-Guthrie Plantation/Estates

San Francisco & Rosario Agusan del Sur

1979 & 1983 8,429.68

Agusan Plantation Inc Trento Agusan del Sur 1993 1,815 Evergrow Dev’t Agricultural Farm, Inc. Trento Agusan del Sur 1998 350 Kabingwangan Upland Farmers Tribal MPC

Bunawan Agusan del Sur 1999 440

Uraya Farms Bunawan Agusan del Sur - 666 Agusan del Sur State College of Agriculture and Technology

Bunawan, Agusan del Sur 2002 & 2005 70

Total Area 11,770.68

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Table 3.14: Area planted to Oil Palm in Agusan del Sur within the Agusan River Basin

2005 Existing Production Area (has.)

2009 Existing Production Area (has.)

Municipality Bearing

Non- Bearing Total Area Bearing

Non-Bearing Total

San Francisco 5,406.08 348.57 5,754.65 5,502.27 292.08 5,794.35 Rosario 3,225.74 939.36 4,165.10 3,694.26 220.65 3,914.91 Bunawan 1,538.96 154.73 1,693.69 1,072.46 340.05 1,412.51 Trento 2,327.33 397.86 2,725.19 2,852.12 442.22 3,294.34 Sta. Josefa 292.48 109.00 401.48 617.95 454.73 1,072.68 Veruela 38.02 0.90 38.92 94.38 123.74 218.12 Loreto 368.34 315.87 684.21 388.21 93.11 481.32 La Paz 105.94 75.00 180.94 152.86 15.06 167.92 Talacogon 10.00 48.00 58.00 50.74 53.31 104.05 San Luis - 90.00 90.00 18.23 4.00 22.23 Esperanza - - - 26.19 9.09 35.28 Total 13,352.15 2,677.39 16,029.54 14,469.67 2,048.04 16,517.71

Source: Philippine Coconut Authority (PCA), Butuan City; as of May 2009. 258. Two other cash crops that are growing in importance are banana and durian. The banana plantings in the province are generally smallhold, ranging from 0.5 to 6 has. From 2005 to 2007, banana production benefited approximately 5,000 to 5,500 farmers.

259. Establishment of durian orchard for durian production has also gained popularity in Caraga Region in the ‘90s. In Agusan del Sur, the total area allocated for durian is approximately 800 hectares. San Francisco showed the highest hectarage of durian among the municipalities of Agusan del Sur. Other municipalities having bigger hectarage of durian include Sta Josefa, La Paz, Bunawan and Talacogon. The trend on durian production in the period 2005-2009 indicated a very slow increase in hectarage as shown by the total maintained hectarage of 818 in 2005 and 875 in 2009. Most of the durian plantations are smallhold with the largest reaching about 25 ha.

3.7.3 Land Use and Land Use Change

260. Over recent years, land use in and around the Marsh has been changing, especially with the clearance of forest land and the establishment of oil palm plantations. The changes in forest cover outside the marsh between the year 2000 and 2008 is illustrated in Figure 3.13. This shows a clear loss of forest cover and decrease in the density of canopy during this time. An analysis carried out by Conservation International showed that about 25% of the forested areas around the Marsh had been converted in for non-forest uses.28

261. Much of the growth in oil palm plantations has occurred within the same period, to a great extent through the conversion of rice fields into oil palm plantation. This is shown for the north east corner of the area around the Marsh in Figure 3.14. Within the boundaries of the analysis carried out by Conservation International, there has been an increase from 11,401 ha to 20,855 ha or nearly 10,000 ha of oil palm plantation, or about 83% between 2001 and 2008.

28 Cruz, M.A, Coroza, O., Alvaran, A., Peteros, R. (2010) Landcover and landuse of Agusan Marsh. Conservation International

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Figure 3.13: Forest Cover outside the Agusan Marsh KBA

Notes: in 2000 (left) and in 2008 (right) the KBA boundary outlined in blue Source: Conservation International – Philippines, 2010.

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Figure 3.14: Oil Palm Plantations Surrounding the Agusan Marsh KBA

Note: in 2001 (left) and in 2008 (right) Source: Conservation International – Philippines, 2010.

3.7.4 Power sources and transmission

262. There are ASELCO29 substations at Trento, San Francisco and Talacogon. The numbers of barangays connected to electricity in each of the municipalities are as follows:30

San Francisco – 24 out 26 barangays have electricity, 74% of households connected

Rosario – 10 out of 11 barangays have electricity, 46% of households connected

Bunawan – 7 out of 10 barangays have electricity, 45% of households connected

Sta. Josefa – all 11 barangays have electricity, 41% of households connected

Veruela – 6 out of 21 barangays have electricity

La Paz – 5 out of 15 barangays have electricity, 15% of households connected

Loreto – 6 out of 17 barangays have electricity, 15% of households connected

Talcogon – 49% of households connected

263. Electricity supply to the communities in the Marsh is limited. The floating villages do not have access to mains electricity, and other communities may only have small generators or limited solar power. Electricity is rarely used for cooking, most households use fuelwood or charcoal.

29 Agusan del Sur Electric Company. 30 Boquiren, R. (2010) Human well-being in rhe Agusan River Basin. Conservation International.

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3.7.5 Mineral Development

264. In Agusan del Sur, sand and gravel gravel extraction in 2008 amounted to 283,000 cu.m. and 127 tonnes of guano were extracted from Kalingayan Cave in Rosario, and a total of 53,000 tonnes of gold ore obtained from Rosario and Bayugan 3 in Agusan Del Sur. There is no mineral development or sand and gravel extraction in the marsh itself.

265. However, the Agusan river basin has considerable mineral resources, particularly gold, and gold mining has developed in different parts of the basin. Most of the tributaries in the upper catchment feeding into the Agusan Marsh have been extensively exploited for gold, especially in Diwalwal on the Naboc river, in the Upper Agusan river, in the Manat River and to a lesser extent so far in the Logum/Baobao. Gold mining and processing also takes place in Rosario on the east side of the Marsh leading into the Maputi Creek and the Gibong river.

3.7.6 Tourism Development and Facilities

266. The development of tourism in the Agusan Marsh has only recently started. The following facilities have been established:

Hostel accomodation for groups at the PASu office in Mambalili (in need of renovation).

Visitor Centre at Bunawan on bank of Simulao River, established in June 2010 with assistance from AusAid.

Three floating visitor centres, with potential for basic sleeping arrangements for up to 20 persons at Lake Mihaba, Lake Kelobidan, and Lake Tucgon.

Boat landing and tourist boats at Barangay Le Flora, Talacogon.

Floating recreation area on Lake Himbang, Talacogon, planned for refurbishment.

267. The numbers of visitors coming to the Marsh is still very limited. The principal reasons for visiting appear to be associated with research of the biodiversity and social conditions and development issues.

268. The potential for the development of eco-tourism in the Marsh, which forms the basis of part of the proposal, includes kayaking, river cruise, bird watching, cultural tourism.

269. The Municipality of Bunawan, through the Bunawan EcoTours Group, based at Bunawan Wharf, offers “River and lake cruising; Lake hopping; Nature Adventure; Floating community stays; Cross-cultural exchange; floating eco-lodge accommodation; Healthy, hearty, exotic meals” with access particularly to Lake Mihaba and Lake Kelobidan.

270. They also note that the best time for birdwatching is between November to January, when the water level is highest, whilst fish are abundant in April and July. A Manobo thanksgiving water festival, Taphang sa Danao, is held regularly, and the Naliyagan festival showcases the rich culture and traditions of ethnic groups from Agusan del Sur is celebrated in the second week of June. Each municipality has its own festival as shown below, which adds to tourism potential for the Marsh.

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Municipality Festival Date

San Francisco Diwata 12 - 18June

Rosario Yagi-Yagi 21 June

Bunawan Haw-an 26 January

Trento Santkan 12 June

Sta. Josefa Taphagan 31 March

Veruela Karudawan 31 March

La Paz Kaliga 31 March

Talacogon Lake Himbang 8 November

271. In Talacogon, tourism developments have included construction of floating cottages and access roads and provision of bancas, canoes, on Lake Himbang. Lake Talacogon is considered as a tourist attraction offering “a bewitching stretch of navigable river with breathtaking panorama of lush, undisturbed natural forests in the banks”. In addition, eco-tourism opportunities are also identified at Lakes Casawangan, Togno, Sabang Gibong.

3.7.7 Infrastructure Facilities

272. Water supply. Out of the fourteen (14) municipalities in Agusan del Sur, eleven (11) have Level III water supply systems. Six (6) municipalities, namely Sibagat, Bayugan, Prosperidad, San Francisco, Rosario and Bunawan are being served by gravity systems, while five (5) municipalities, namely Trento, Sta Josefa, Talacogon, San Luis and Esperanza, have pumping systems. The municipalities of Veruela, Loreto and La Paz have only Level II water supply systems; Veruela is using gravity while Loreto and La Paz use deep wells, surface water and rainwater catchment.

273. As of 2007, San Francisco had the highest number of households served (3,000 households or 25.2% of the total households of 11,666) while Talacogon Waterworks has the least number of households served with only 90 households or 1.5% of the total (6,140).

274. Table 3.15 shows only 7,417 households (6.56%) served by Level III water systems. Most of the households served by Level III water systems are within the town proper. These data indicate that the province needs more sources of potable water to be developed, especially in rural areas where extension of pipelines is not feasible.

275. Amongst the floating communities in Agusan Marsh there is no formal water supply system. The households rely on river systems and surface water as their main sources for drinking water. Traditionally, drinking water is fetched from nearby uninhabited part of the marsh, which the residents perceived as safe and cleaner than the lake water where they are situated or clustered together. Usually it is the role of the males or husbands to fetch water. Other source of drinking water is the water for sale for P15 to P20 pesos per container of about 20 liters.

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Table 3.15: Number of HH served with Level III in 2007, Municipalities around Agusan Marsh

Municipality Level

of Service

System Operation Population Total

HH

No. of HH

Served with

Level III

Gap Percentage

of HH Served with

Level III

SAN FRANCISCO Level III Gravity 62,881 11,666 3,000 c/ 8,666 25.72%

ROSARIO Level III Gravity 31,293 5,806 1,100 4,706 18.95%

BUNAWAN Level III Gravity 35,757 6,634 427 6,207 6.44%

TRENTO Level III Pressure Pump 46,247 8,580 307 8,273 3.58%

STA. JOSEFA Level III Pressure Pump 24,972 4,633 311 4,322 6.71%

VERUELA Level II Gravity 36,862 6,839 0 6,839 0.00%

LORETO Level II Pressure Pump 34,549 6,410 0 6,410 0.00%

LA PAZ Level II Pressure Pump 25,214 4,678 0 4,678 0.00%

TALACOGON Level III Pressure Pump 33,093 6,140 90 6,050 1.47%

Total for Agusan del Sur 609,447 113,071 7,417 105,654 6.56% a/ Bayugan WD has 3,579 service connections as of 31 December 2009. b/ Prosperidad WD has 1,249 service connections as of 31 December 2009; Patin-ay has 688 service connections as of 31 December 2009. c / San Francisco WD has 4,687 service connections as of 31 December 2009. Source: Provincial Development and Physical Framework Plan, 2008-2017. 276. Some floating houses are located in the dry land or “hubas” for about 4-6 months when there is no heavy rain or flooding. However these houses float during the months of September to April which are usually times of high water rise or flooding occurs. These community residents have small rain collector and they store the water collected in plastic containers and empty bottles for drinking water.

277. Sanitation: In the province of Agusan Del Sur, 86% of the households have access to sanitation facilities (Agusan del Sur PHO, 2009). This figure is higher than the National status of 76.8% (FHSIS, 2008). From the 13 municipalities of the province, the municipalities of San Luis (64%), Talacogon (66%), Veruela (67%) and La Paz (70%) are the four municipalities with lower coverage of households with sanitary toilets. Three of these surround the Agusan Marsh. The figures from these municipalities are below the National status of 76.8% (FHSIS, 2008). The status of municipalities with households that have access to sanitary toilet is shown in Table 3.16. The municipalities surrounding the Agusan Marsh are shown in bold.

278. Sanitation is generally characterized by:

lack of comprehensive acceptance of responsibility for septage management at the level of municipalities and provincial cities;

to date, septic tank installations have been unregulated in regards to design, quality and location;

they are of generally poor construction quality, have unsealed bases which allow exfiltration into the environment, and have no effective overflow or pump out access;

there is no overall strategy or management plan for septage collection and treatment.

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Table 3.16: Households with Access to Sanitary Toilet by Municipalities, 2009

Municipality/City Total

households Households with

sanitary toilet % San Luis 5,295 3,380 64 Talacogon 5,672 3,735 66 Veruela 6,221 4,196 67 La Paz 4,423 3,115 70 Bunawan 6,447 5,415 84 Sta Josefa 4,271 3,666 86 Rosario 5,342 4,667 87 Trento 7,740 6,892 89 Bayugan City 15,903 14,200 89 Esperanza 8,111 7,604 94 Loreto 5,915 5,579 94 Prosperidad 12,781 12,064 94 Sibagat 5,106 4,801 94 San Francisco 10,765 10,198 95 Total 103,992 89,512 86

Source: Agusan del Sur PHO Accomplishment Report 2009.

279. Moreover, septic tanks are rarely emptied. Undesludged septic tanks become inefficient in treating excreta. The accumulation of sludge lessens the space and retention time needed for treatment. Consequently, untreated effluent goes out directly from the septic tank and flows to drainage that leads to bodies of water. The public’s exposure to untreated effluent along the drainage as well as in the bodies of water is a health risk that should be addressed.

280. Much worse is the practice of open defecation or direct disposal of human excreta to bodies of water. Within the Agusan Marsh area, up to 33% of all households have no toilet facilities. In particular, all the floating houses have no sanitation and dispose of human waste directly into the river system which they may also use as a source of domestic water supply.

281. Without addressing this concern, the exposure level to excreta contamination of vulnerable groups (i.e. poor, children, marginalized groups) will remain very high. The low priority given to sanitation will cumulatively increase the risk of disease outbreaks, while continuously posing a threat to the quality of water resources.

282. Solid Waste Management in and around Agusan Marsh: Except for La Paz Municipality, all 8 municipalities associated with the Agusan Marsh have SWM Plans and SWM Boards. However, the present situation on waste disposal is not encouraging. The 2009 annual report of the PENRO-LGU revealed that 5 municipalities are still using open dumpsites, while the other 3 have controlled dump facilities (Veruela, Santa Josefa, and La Paz). Solid wastes are simply left idly and without soil cover in open dumpsites. These disposal facilities should have been closed down and phased out in 2006 following the prohibition of their use by RA 9003 and as reiterated by DENR Administrative Order (DAO) No.19 series of 2006.

283. By the year 2011, total waste generation of the 8 towns would be around 106.2 tons/day. Since the 8 towns drain towards the marsh area, considerable amount of these solid wastes might end up in the marsh area if there are no effective SWM programs in each town. For recyclable wastes, there are lots of opportunities for recycling activities since considerable amount of these materials are being generated. Waste plastics generation alone is estimated to be 30.9 tons/day for the 8 towns by the year 2011. For wastes collection, all 8 towns have acquired solid waste collection trucks with funding assistance from the provincial government of Agusan del Sur. There is still a need for large-scale IEC on proper SWM. Implementation of MRFs, as required by RA 9003, is not widespread as

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revealed by the Agusan del Sur PENRO-LGU in its 2009 annual report.

284. As the population increases, threats to biodiversity of the marsh from solid wastes will also increase. However, these threats can be reduced by properly managing the solid wastes situation through the implementation of a CBSWM program for all 8 towns associated with Agusan Marsh. A CBSWM program has big potentials in recovering most solid wastes that can be reused, recycled or composted. This will drastically reduce the amount of residual wastes for disposal. A high participation rate can be expected since the experience of Veruela municipality had already demonstrated that such scenario is attainable.

285. Within the Marsh itself, the floating villages appear to generate very little recyclables due to the lifestyle of the people. The people are into fishing and there are no activities that will cause the generation of significant volume of recyclable solid wastes such as metals, glass, paper, and plastics. The people simply throw away into their surroundings the very little solid wastes that they generate.

286. After the flood season, many plastic bags etc. are washed into the Marsh from upstream, and get caught high in the trees, and are very evident as the waters recede.

287. Solid waste generation Solid waste generation of the 8 municipalities in the Agusan Marsh are estimated for 2011 to 2015 to help visualize the SW situation (Table 3.17). Unit waste generation is assumed to be 0.35 kg/cap/day due to the largely rural nature of these towns. By 2011, total waste generation of the 8 towns would be around 106.2 tons/day. Since the 8 towns drain towards the marsh area, considerable amount of these solid wastes might end up in the marsh area if there are no effective SWM programs in each town. Recyclable wastes are also estimated to help assess the opportunities for improving the situation on SWM (Table 3.18).

Table 3.17: Projected Solid Waste Generation of Agusan Marsh Area

Waste Type

Waste Fractiona

Waste Generation (in tons/yr)b 2011 2012 2013 2014 2015

Annual waste generation

38,780 39,429 40,080 40,759 41,443

Food waste 0.299 11,595 11,789 11,984 12,187 12,392Yard waste 0.111 4,305 4,377 4,449 4,524 4,600Paper and carton 0.252 9,773 9,936 10,100 10,271 10,444Glass and bottles 0.003 116 118 120 122 124Cans and metals 0.020 776 789 802 815 829Plastics 0.291 11,285 11,474 11,663 11,861 12,060Rubber 0.014 543 552 561 571 580Textiles 0.003 116 118 120 122 124Special waste 0.007 271 276 281 285 290Total…… 1.000 38,780 39,429 40,080 40,759 41,443a Province of Agusan del Sur. 2003. Draft Provincial Ecological Solid Waste Management Plan (2003-2012). b Estimated waste generation for 8 municipalities (Talacogon, San Francisco, Rosario, Bunawan, Veruela, Santa Josefa, Loreto, and La Paz) based on official population projections of Agusan del Sur’s Provincial Planning and Development Office. Source: ADB PPTA Consultant.

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Table 3.18: Projected Recyclable Wastes Generation of Agusan Marsh Area

Waste Type Recyclable Wastes (in tons/yr)a year 2011 2012 2013 2014 2015

aluminum cans 543 552 561 571 580metals 233 237 240 245 249

Sub-total… 776 789 802 815 829 PET bottles 4,514 4,590 4,665 4,744 4,824hard plastics 2,934 2,983 3,032 3,084 3,136plastic bags, etc. 3,837 3,901 3,965 4,033 4,100

Sub-total… 11,285 11,474 11,663 11,861 12,060 glass bottles 70 71 72 73 75other glass 47 47 48 49 50

Sub-total… 116 118 120 122 124 Paper and carton 9,773 9,936 10,100 10,271 10,444a Derived from the projected waste generation of the 8 municipalities of Agusan Marsh and using waste fractions in each group estimated from a waste recycling study. JICA. 2008. The Study on Recycling Industry Development in the Republic of the Philippines. Manila. Source: ADB PPTA Consultant.

288. Solid Waste Collection, Recycling, and Composting. All 8 towns have solid waste collection trucks with funding assistance from the Provincial Development Fund of Agusan del Sur. Recycling and composting efforts are not encouraging. There is still a need for large-scale IEC on proper SWM. Implementation of MRFs, as required by RA 9003, is not widespread as revealed by the Agusan del Sur PENRO-LGU in its 2009 annual report. Only the municipalities of Veruela, Santa Josefa, and San Francisco have MRFs. The municipalities of Talacogon, Rosario, Bunawan, Loreto, and La Paz do not have MRFs.

289. Disposal Situation. The 2009 annual report of the Agusan del Sur PENRO revealed that out of the 8 towns of the Agusan Marsh, 5 are still using open dumpsites, while the other 3 have controlled dump facilities (Veruela, Santa Josefa, and La Paz). All of these disposal facilities should have been closed down and phased out in 2006 following the prohibition of their use by RA 9003 and as reiterated by DENR Administrative Order (DAO) No.19 series of 2006. Presently, solid wastes are simply left idly and without soil cover in open dumpsites.

290. Experience on Community-based SWM. Against the backdrop of poor solid waste management of the Agusan Marsh area, the effort of Veruela Municipality on community-based SWM (CBSWM) is worth mentioning. It has been actively collecting its recyclables and even built an improvised collection cart for its public market with funds from the sales of recyclable materials. In 2009, Veruela got the second highest award in the “Zero Basura Olympics” at the regional level, a program initiated by NSWMC and DENR to fast-tract the implementation of RA 9003. DENR-EMB 13 reported that all 20 Barangays of Veruela had: (i) been practicing segregation of solid wastes at source, (ii) been practicing composting and recycling at the household level, and (iii) established an MRF in every “Purok” of the Barangay, and (iv) placed IEC signboards relative to solid waste management. Local officials and residents were trained on handicraft using recyclable solid waste materials. Veruela has therefore demonstrated that a community-based SWM program can be implemented successfully. What is needed is the political will of the LGU to implement a SWM program and the desire of the people to participate in a worthy endeavor.

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4. SCREENING OF POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES

291. The Agusan Marsh sub-project does not entirely fit with any of the different sectoral projects that are covered under the ADB checklists for environmental impact screening. However, some of the components of the sub-project do fall within these categories, even if the checklists are designed for much larger interventions and those envisaged for the Agusan Marsh.

292. The checklists of environmental parameters for 1) Forestry projects, 2) Water supply projects, 3) Sanitation projects and 4) Solid waste management projects have been completed for the Agusan Marsh, and can be examined in Annex 2.

293. It is clear considering the first section, “Project location”, in all of the checklists that the Agusan Marsh is a sensitive location, because it is a wetland, a protected area and its buffer zone, and a special area for the conservation of biodiversity. It is also a culturally sensitive area with indigenous peoples and a unique way of life. If this were not a project that aimed at the conservation of biodiversity and the enhancement of the environment and livelihoods within the natural context, then the project location alone would imply the need for a full EIA. However, consideration of the sections covering the potential environmental impacts, shows that these to be minimal and more concerned with the risks in the even that the project initiatives fail for some reason.

294. The approach taken has therefore been to identify the environmental and social risks and opportunities that might be associated with each of the components of the sub-project, and to focus the a more detailed assessment on the risks of the components highlighted – namely zoning of the AMWS into Strictly Protected Zones (SPZs) and Multiple Use Zones (MUZs), and ecotourism development, and the water supply, sanitation and soild waste management. This process clearly identifies the benefits (opportunities) accruing from the project and the most of the negative impacts occurring would appear to be possible risks that may not occur and are easily manageable under an environmental management plan. These are shown in Table 4.1.

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Table 4.1: Matrix of Opportunities and Risks Associated with each of the Components of the Agusan Marsh Sub-project

Sub-project component Opportunities Risks Species and Habitat Protection and Rehabilitation (Ecosystems Approach)

Delineation of management zones (Strict Protection Zone and Multiple Use Zone) under the revised IRR of the NIPAS Act.

Strict protection of key habitats and ecologically important areas

Potential for restricting existing access of IPs for livelihoods

See analysis of proposed SPZs Establishment of additional BMS sampling

sites Increased information about biodiversity

status of Agusan Marsh Information about pressures and trends to

inform management

No risks

Regular water quality monitoring Increased information about water quality in Agusan river

Information about pressures and trends to inform management

No risks

In situ species conservation plans Strict enforcement of Wildlife Act

Increased protection of key biodiversity species

Effectiveness of enforcement measures may be threatened by lack of political will

Revegetation and reforestation Rehabilitation of specific forested habitats, e.g. river banks

Selection of inappropriate tree species, leading to failure of rehabilitation

Flooding has caused mortality of seedlings in the past

Nature Tourism Activities (Ecotourism) Ecotourism Product Development

(Kayaking, river cruise, bird watching, cultural tourism)

Ecotourism in Multiple Use zones Provides source of livelihood for

communities and providers of services Provides source of revenue for the PA Provides a mechanism for spreading

benefits amongst communities in marsh

Inappropriate structures impair the character of the marsh

Disturbance of key species by increased numbers of visitors

Increased access to areas that have otherwise been difficult to access, e.g. peat dome leading to degradation (cutting of timber and firewood, hunting)

Disturbance of way of life of communities living in the marsh – cultural degradation

Ecotourism infrastructure Provide facilities for visitors Provide livelihood opportunities for local

communities

All infrastructure in marsh to be of floating construction

Marketing Good marketing, involvement of private sector backed up by efficient service and well planned attractions are essential to success of ecotourism venture

If marketing and development of tourism attractions and services are not done effectively, there is a real risk of raising expectations with no substantial increase in benefits

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Sub-project component Opportunities Risks Needs coordination of ecotourism plans and

routes across whole marsh and all municipalities, to avoid risk of different activities competing

Training (guides, home stay family ventures)

Capacity built amongst LGU officials, communities and tourism service providers

As above, risks of failure and disappointment if tourism does not match expectations

Communication, Education, Participation and Awareness (CEPA)

Establishment of a Wetlands Educational Centre(Learning Hub, Exhibit Areas, Wetland Museum, Function Rooms, Interpretive Areas)

Essential component of eco-tourism Opportunities for raising awareness of

amongst visitors Opportunities for training and awareness

raising amongst marsh communities

2 ha site selected on existing PASU office land, open ground adjacent to Simulao river, little impact

Upgrading required of 2.3 km of rural access road to all weather surface, little impact foreseen upon existing roadside houses

Preparation of Education/ Information materials and learning modules

Essential component for both ecotourism and for raising awareness amongst marsh communities

No risks

Development and maintenance of Wetlands Centre website

Essential component for developing ecotourism

Provision and sharing of information about Agusan marsh, both promotional, and guidance, and also technical publications and data

No risks

Development and implementation of the Wetlands Centre Business Plan

There are a number of successful models of wetland centres in the region, which can be used

Risks of failure and another disused centre if not managed well and if business plan is not realistic

Communication, Education, Participation and Awareness (CEPA)

Awareness raised about importance of Agusan marsh and its sustainability especially amongst marsh communities and other users

No risks

Capacity Building Training of PAMB, DENR, LGUs and other

concerned entities in the areas of wetland management, leadership and governance, project planning and implementation, monitoring and evaluation and social marketing

Essential component for ensuring sustainable adaptive management and use of the AMWS

No risks

Conduct of a National Conference on Opportunity for spreading the knowledge No risks

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Sub-project component Opportunities Risks Biodiversity Conservation and Climate Change Adaptation and Mitigation in Wetland Ecosystems (Knowledge Sharing)

and awareness of AMWS amongst wider audience throughout the Philippines

Increases visitor numbers Increases political influence and will for

wetland conservation Cross-Visit Learning Tours to eco-tourism

sites Essential component to enable people living

in the marsh and other users to see how ecotourism may be managed effectively

Risks that the most relevant people do not go on the learning tours – need to target the tours appropriately at different user groups

Health, Water and Sanitation Development of appropriate, low-cost

sanitation facilities households in the AMWS Reduces risk of gastro-intestinal disease

amongst marsh communities Reduces the risk of organic pollution with

foul water conditions, concentrated around marsh communities

Improves tourist appreciation because of better sanitary conditions

Risk of greater concentration of organic materials if floating septic tank modules are not changed or disposed of safely

Risks of shortage of funds to collect floating septic tank modules

Development of rainwater harvesting facilities for households in the AMWS

Provides safer water supply for marsh communities

Improved health for marsh communities Safe water supply for tourists

Landscape aesthetic impacts due to use of blue PVC water storage tanks, and metal roofing sheets

Ecological Solid Waste Management

Community-based Ecological Waste Management in 2 Barangays for each of the 7 municipalities

Less solid waste disposed of in the marsh or in areas around the marsh

Risks of failure of collection system due to lack of funds, staff, equipment leads to high concentrations of solid waste at collection points

Communities become disenchanted with waste segregation, can not see the benefits and leads to failure of system

Construction of Materials Recovery Facility in selected Barangays

Households segregating and disposing of wastes in MRFs, receive direct payments for recycled materials (bottles and plastics)

Poorly operated MRFs spill over with waste, hazardous materials not collected and areas around the MRFs become degraded and an eyesore

Construction of small-scale plastic waste processing facility serving the 7 towns

Opportunities for livelihoods using shredded plastic materials

Dumps of plastic materials awaiting processing are scavenged and spread about causing local degradation

CEPA on CBEWM Essential component to solid waste management schemes to ensure good uptake by the communities

No risks

Conduct of Workshop/trainings Part of CEPA No risks Climate Change Mitigation and Adaptation

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Sub-project component Opportunities Risks Learning Modules on the protection of

Caimpugan Peat Forest in the learning modules of the Wetlands Education Centre

Greater protection of the peat dome No risks

Design and appropriate, low-cost flood warning system for the communities in the AMWS

Communities in the marsh receive early warning of floods

No risks

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295. Management Zoning: The delineation of the management zones into a relatively few, small areas representative of critical habitats in the Marsh is a key conservation strategy. There is a recognized environmental and biodiversity benefit from doing this, since it will provide protection of these areas and the species that live in them from disturbance, reduced hunting/fishing pressure and minimizing habitat degradation. There will be an additional benefit for those using natural resources, e.g. fishermen, that such SPZs will allow the species to breed and populations to grow without disturbance, so that there will be greater yields of these species in the surrounding MUZs. From the eco-tourism point of view, ensuring that these species survive without disturbance ensures that they may continue to be viewed elsewhere in the Marsh.

296. However, the risk from the SPZ delineation is that some of the IPs who currently use these areas will lose their access to these site for livelihoods. They will continue to be allowed to go to these sites for religious and ceremonial reasons. The exact delineation of the SPZs is part of the process of the project, and will involve extensive consultation and agreement with the regular users. The exact numbers of people using these areas is not yet known, and will not be known until the process of delineation starts. However, the numbers are not expected to be large, and the frequency of use is expected to be quite low. The PPTA resettlement report (Volume 9) contains a matrix of the different proposed SPZs which provides a basis for initial assessment (Table 4.2).

Table 4.2: Matrix for Initial Assessment of Economic Resettlement Associated with Delineation of SPZs

Proposed SPZs (Municipality)

Rationale for SPZ Resources in SPZs used by wetlands occupants

Potential impact on livelihood and

resource access

Crocodile sanctuary (Bunawan) near Lake Mihaba

10 ha of forested swampland of known breeding area and habitat of crocodiles (Porosus) adjacent but not including Lake Mihaba

Lake Mihaba itself, an important fishing area will not be within SPZ. Some 18 households reside in floating houses near Lake Mihaba.

No IP use or access issues expected

Bat colony near Lake Panlabuhan (Loreto)

11-12 ha proposed to protect colony of fruit bats

None No IP use or access issues expected

Lake Dinagat (Loreto) Nesting area for purple heron and breeding habitat for Philippine crocodile

Lake is completely covered with water hyacinth and is impossible for access and fishing


Lake Mombogongon Fish Sanctuary (La Paz)

Small isolated part of Lake set aside as fish sanctuary. SPZ of 3 ha suggested

Area of Lake already designated as fish sanctuary by community (though some fishermen still set nets there)

SPZ would strengthen protection of the fish sanctuary

Sago forest near Lake Kalambiaham (La Paz)

The entire forest is 50 ha. Of this, only 5ha would be designated as SPZ, as representative of this typical habitat of AMWS

Limited IP access, except for sago harvest,

IPs will have access in remaining 45 hectares; specific SPZ location within 50 hectares to be negotiated

Buyod (La Paz) Bird nesting area on slightly raised part of marsh, with saltwater spring and marsh gas production. 7 – 8 ha suggested as SPZ

IP Burial ground, but no problem for access for rituals. A few fruit trees planted belonging to one man, (planted by his grandfather)

SPZ access to be negotiated; compensation for fruit trees required if included in SPZ.

Caimpugan Peat Dome (San Francisco and Talacogon)

Unique peat habitat. Covers 5000 ha, suggested SPZ of 10% 50 ha to preserve the habitat without human influence. SPZ would be selected to be

IPs use peat dome for rattan and firewood collection, hunting, and Lake Kasawangan for fishing (but fish are small). Considered a sacred area,

SPZ location to be negotiated so that IP use and access is minimally affected

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resource access

representative of different types furthest away from human access

but SPZ does not affect rituals.

Lake Binoni (Talacogon)

Small deep lake with population of Porosus crocodiles. SPZ to be part of wooded riparian area.

Fishing in the lake Lake access and fishing not affected

297. No physical resettlement will be required, as this is one of the principles for selecting the SPZs. Where there is a definable asset, e.g. the fruit trees at the Buyod site planted b one man’s grandfather, compensation would be required, or it may be possible to negotiate special access rights for the individuals concerned. Where there is no definable asset, but rather access for fishing, hunting and collection of forest products, the negotiation would focus on the benefits accruing from establishing a sanctuary which allows the populations outside to increase as part of sustainable natural resource management and use.

298. In-situ species conservation plans: These will be targeted at key species requiring special attention. In addition to protection of the habitats in the SPZs, this may require a stricter enforcement of the existing wildlife protection laws and regulations, and require advocacy for the political backing for enforcement, and a more general extension of information about the species, their need for protection and the regulations. However, there may be some active measures that can be taken for some species, e.g. management of some parts of the MUZs to encourage the growth of food plants, removal of growth of invasives to allow indigenous species to thrive. It is not expected that any of these measures will have adverse impacts, environmentally or socially.

299. Invasive species: These may require specific interventions, and the two species that stand out are water hyacinth and janitor fish. Water hyacinth is an intractable problem globally and has already clogged up water ways in the Agusan Marsh. There may be need to remove the water hyacinth from some ecologically sensitive areas of the Marsh, though it is recognized that the water hyacinth on Lake Dinagat actually perfoms a conservation function, by restricting access to an area where endangered crocodiles live. Janitor fish are continually mentioned as a problem for fishermen, and the project could encourage some initiatives such as the use of janitor fish for fish meal, which would make use of the catch, and help to control the populations.

300. Revegetation and reforestation: Attempts have been made, e.g. through the PACAP funding to several projects for reforestation of riverbank areas and other places in the Marsh. Often these attempts have failed, with flooding being given as the reason for death of the seedlings. However, the project is being requested to continue revegetation, but before it does this, it needs to undertake an analysis of the species used and locations to understand the failure, and then to carry out an assessment of the areas that were forested and need to be rehabilitated. Only indigenous species that are suited to the specific location should be used.

301. Eco-tourism development: There are a number of risks associated with eco-tourism development. These include a) inappropriate infrastructure development b) disturbance to natural resources and communities in the Marsh by the increased numbers of visitors and c) the risk of failure, not attracting sufficient numbers of paying visitors to make the exercise worthwhile.

302. Inappropriate tourism infrastructure. The following infrastructure is envisaged to

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be constructed or rehabilitated by the project. In principle all of the structures inside the main part of the marsh will be floating, with minimal impact upon the locations. They will have a vernacular design in keeping with existing marsh architecture. (Table 4.3)

Table 4.3: Tourism Infrastructure, Impacts and Mitigation Measures

Destinations Infrastructure required Assessment Mitigation measures

The Bunawan poblacion, as the gateway to the Agusan Marsh, is the location of the visitor reception centre and the landing site for pump boats.

Infrastructure in place, but visitor center and docking facilities for boat cruises between Bunawan and Mambalili will be improved

No Impact Normal good practice during construction

Several floating houses installed on river bank between Bunawan and Mambalili to act as points of interest for visitors

Little or no impact Choice of location to be sensitive to needs of local people and serving tourists

Barangay Mambalili is the site of the Agusan Marsh Wetland Center.

Floating dock for river cruises

Accommodation for overnight stays (rehabilitate and upgrade)

Wetland Center: Wetland Learning Hub, Wetland Museum, Interpretative Area, and the PASu Office.

Existing road (2.3 km) to be rehabilitated (LGU finance)

Not a permanent structure, so no impact

Improvement

Permanent structure on existing cleared site. No environmental impact

Rehabilitation to include replacement of all-weather surface

Sensitive design required

No mitigation measures required

Sensitive design in keeping with role as world-class eco-tourism interpretive centre.

Normal good practice during construction work

Normal access road rehabilitation mitigation measures: See separate Annex 3

Lake Mihaba is packaged for the Mihaba Safari and Lake Canoeing and includes floating visitor centers and cottages, view decks, bird watching, kayaking / canoeing, and a floating fishing community.


3 x Floating cottages with accommodation for up to 5 persons each


Rehabilitation, fitted with floating sanitation unit

Not permanent structures

Not permanent structure

No mitigation required, normal good practice during construction work

Sensitive choice of location for mooring; fitting with floating sanitation units

Screening of storage area

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Lakes Kelobidan, Ticgon, Kanaynon is an alternative and option to Lake Mihaba Safari and includes bird watching, kayaking / canoeing, floating visitor centers and cottages, and floating fishing communities.


3 x Floating cottages with accommodation for up to 5 persons each


Rehabilitation, fitted with floating sanitation unit



No mitigation required




Lakes Panlabuhan and Dinagat will have a floating visitor center and cottages, kayaking / canoeing, and bird hides.


Floating cottages – possible high end resort, 12 cottages for 2 persons each


Bird hides

New floating structure,

Not permanent structures, with floating restaurant and service areas




Would require detailed environmental management plan covering design, site selection, and waste management operations


Screening of access to minimize disturbance of wildlife


Caimpugan Peat dome at San Francisco includes a peat walk experience and bird watching

1,500 meter boardwalk

Bird hides

Will require clearance of low understory vegetation 2m wide for 1,500 m.


Sensitive, appropriate construction. Choice of route to avoid large trees

Sensitive, appropriate construction

Talacogon poblacion, as an Alternative Gateway to Agusan Marsh, is the location of visitor reception centre and the landing site for pump boats.

Visitor reception centre

Landing site for pump boats (existing)

New floating structure at existing boat landing (La Flora)

No impacts



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Several floating houses installed on river bank between Talacogon and Lake Tugno to act as points of interest for visitors

Little or no impact Choice of location to be sensitive to needs of local people and serving tourists

Lake Tugno, Ginhalinan, Binoni will have a floating visitor center, cottages and picnic huts, kayaking / canoeing, and bird hides.


3 x Floating cottages


Bird hides





Sensitive choice of location for mooring; fitted with floating sanitation units

Sensitive choice of location for mooring; fitted with floating sanitation units


Screening of access to minimize disturbance of wildlife


Lake Himbang rehabilitation of picnic huts

Picnic huts and visitor area Existing floating structures, no impact


303. Disturbance of marsh environment by tourists: There has not yet been a detailed estimate of tourism numbers that may be expected in the Marsh if all the developments are put in place, there is an effective marketing campaign, and the visitors come. The following scenario has been used to guage visitor numbers if Agusan Marsh tourism takes off:

304. The Wetland Centre at Mambalili will act as the hub attracting up to a maximum of 1000 day visitors per day. This will be accessible by the rehabilitated road from Route 16 highway and by a half-hour boat ride from Bunawan wharf. It will provide a world-class wetland experience in itself, aiming at principally domestic visitors (possibly 90% domestic), with educational facilities geared towards student groups.

305. Of the maximum number of visitors to the Wetland Centre, perhaps only 10%, or 100 persons may take day trips to the Marsh, the closest lakes being 2 hours away by boat – this would be equivalent to about 5-0 pump boat trips.

306. There may be a smaller number of visitors entering the Marsh from Talacogon – maybe 50 persons per day. The Talacogon site may also serve as an exit for visitors traversing the marsh from Bunawan/Mambalili.

307. The walk to the peat dome at Caimpugan would be a separate day trip, and may attract at most 50 persons per day.

308. In addition, there could be a maximum of 15 persons staying overnight at each of the

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three locations where there would be floating cottages, Lake Mihaba, Lake Kelobidan and Lake Tugno, so a total of 45 overnight visitors, plus potentially 25 persons staying in the high-end resort at Lake Panlabuhan. Thus there could be a total of 70 visitors staying overnight in the Marsh.

309. Thus initial predictions for numbers of visitors to the Marsh may be summarized as follows. These are maximum capacity figures rather than daily visitor predictions (Table 4.4).

310. These numbers of visitors are not large and well within the capacity of the large area of the Marsh to accommodate these numbers without disturbance. At particular locations, vistor movements would have to be managed appropriately to minimize the disturbance.

311. Sanitation would be provided through floating septic tanks attached to each of the visitor centres and cottages. Solid wastes generated by the visitors would have to be managed on a “what comes in, goes out” basis.

312. There could be some negative social and cultural impacts of visitors, especially for overnight visitors, e.g. noise, disturbance of customs, and unwanted social interactions, and these would have to be managed appropriately in agreement with the communities where the floating cottages and resort are located.

313. Caimpugan Peat dome board walk One visitor attraction that may have additional environmental impact is the board walk to the centre of the Peat Dome. The peat dome is currently very inaccessible and entry to it is limited, even for local people going to collect fuel and wood, hunting and forest products. The construction of the board walk to the centre of the peat dome will increase access for local users and may lead to depletion of the natural resources and biodiversity around the board walk, leading to local degradation. Access to the board walk may have to be restricted or managed in agreement with the local community.

Table 4.4: Estimates of Maximum Day and Overnight Visitor Numbers

Type of visitor Location Capacity / Maximum No. per day

Day visitor Mambalili Wetland Centre 1000

Day visitor Boat trips to Lakes from Mabalili 100

Day visitor Boat trips to Lakes from Talacogon 50

Day visitor Caimpugan peat dome walk 50

Overnight visitor Floating cottages, Lakes Mihaba, Kelobidan, Tucgon 45

Overnight visitor Floating resort, Lake Panlabuhan 25

Totals Day visitors in Marsh

Overnight visitors in Marsh

200

65

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314. Risks of failure of tourism initiatives. The world is full of eco-tourism initiatives that have not worked and failed to meet expectations. In the event of failure, There is will be no permanent environmental damage because all the infrastructure in the Marsh itself is floating and may be easily removed or used for other purpose. However, there would be a more significant risk of social impact due to these failed expectations and loss of expected livelihood contributions from ecotourism. In management of these risks, it is essential that ecotourism development be established with an effective marketing strategy and well budgeted maketing plan. It is also essential that the private sector, tour and resort companies, be brought into the development of the ecotourism and linked with capacity building of the local marsh people who can provide the various services for visitors – guiding, food, accommodation etc.

315. Floating sanitation units: The floating sanitation units being proposed for the project are an innovation adapting a recognized technology for marshland houses. As such it should make a significant contribution to the conditions in the marsh surrounding the floating communities. There will be two beneficial impacts a) reduction of organic matter being discharged into the Marsh, so reduction of BOD, b) reduction of gross pollution by feacal matter and reduction in feacal coliforms in the water body. This will reduce the risks of contamination of water supplies.

316. The floating tourist cottages should all be fitted with these floating sanitation units.

317. However, there are three risks associated with this system. The first relates to their operation as communal sanitation units serving five households. Communal units often suffer from partial usage by household members, and inadequate maintenance and cleanliness. If not well maintained, such units become less well used, and so less effective in maintaining sanitary conditions around the houses.

318. Secondly, the failure of the systems for collection of the septage. If the collection system stops or fails for technical or financial reasons, then eventually the septic tanks will become overloaded and no longer function. They may block, smell or discharge increasingly polluted effluent. The users would then stop using the units and revert to the current situation, defecating directly into the water. In order to manage this risk, the project should ensure that the collection system is established within the existing sanitation programme of the LGUs and be adequately budgeted to ensure continued septage collection after the end of the project.

319. Thirdly, the system relies upon safe disposal of the septage once collected. The project will have to ensure that the LGUs responsible for septage collection, dispose of the wastes in a safe manner, in agreed disposal locations.

320. Rainwater harvesting units for marsh residents. 146 of these units will be installed to serve the drinking water supply for up to five households each. There is little environmental impact associated with these units, which will contribute towards health improvement in the marsh communities. The presence of bright coloured, blue PVC tanks alongside the houses, and the use of corrugated roofing sheets will have a visual impact upon the appearance of the local houses. In certain areas, especially those frequented by tourists, consideration should be given to screening the tanks with natural materials, and painting the rooves with natural colour.

321. Ecological Solid waste management. The focus of this initiative is in two barangays in each of the municipalities surrounding the marsh. The concept is to provide similar services for solid waste management as is operating effectively in Verula – separation at source into organic wastes, recyclables (plastics and glass), and hazardous waste, the construction of a material recovery facility in each barangay, and the construction of a small-

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scale plastics waste melter facility to serve the eight municipalities. Organic materials would composted, recyclable wastes would be collected and recycled appropriately, hazardous waste would be buried in contained areas. Hazardous wastes include items such as batteries, used containers of agricultural chemicals etc.; they are domestic rather than industrial in origin.

322. The systematic collection, recycling and safe disposal of solid wastes from the areas surrounding the Marsh will reduce the impact of soild wastes, particularly plastics, from being deposited in the marsh. This will have the effect of reducing the pollution, the visual impact of plastic bags in the trees and banks of the river, and the dispersal of hazardous materials.

323. The risks to the environment arise out of failure of the systems especially when collection from the material recovery centres in each barrangay ceases and the soild waste build up and become a problem. The project needs to ensure that barrnagays are committed to continuing the system and have adequate funds to do this even after the project comes to an end.

324. The disposal of the small hazardous waste components needs to be treated with care and the choice and design of the containment areas should be done in consultation with the relevant agencies.

325. The design and location of the plastics melting facility should also be done with care, and appropriate environmental management measures put in place.

326. Socio-economic impacts: The socio-economic impacts and strategies required to address these impacts are shown in Table 4.5. The livelihood benefits from the alternative sources to be developed such as eco-tourism have not been quantified, but this is considered to be a supplementary form of income for most households, rather than the primary source.

Table 4.5: Socio-economic Impacts and Mitigation Strategies of Agusan Marsh Sub-project

Project activity Anticipated Impacts


Agusan Marsh Biodiversity Conservation

Negative: Wildlife that is a source of food and income (fruit bats) will be conserved

Ecotourism and related jobs will be promoted; Traditional means of hunting to be allowed in

specified areas for family use; but use of balloons fitted with knives will be curtailed to return fruit bat population;

education and livelihood options to be developed in partnership with other programs

Negative: Protected areas are established for conservation

Other zones are allowed for traditional fishing, ecotourism and hunting. Division of these zones are determined by indigenous peoples in accordance with their traditions

Those who may be adversely affected by conservation measures will be prioritized for alternative livelihood opportunities.

Water Supply Positive. Improved access to safe

water. Ensure that indigenous peoples are consulted for

appropriate water system (individual connection or communal stand pipes.)

Ensure affordability of water prices through sustainability of water source by implementing a watershed management plan; more affordable payment schemes for connection charges;

ensure that IP women and men are notified and given access to available jobs at construction and implementation phases.

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5. INSTITUTIONAL REQUIREMENTS AND ENVIRONMENTAL MONITORING PLAN

327. The environmental and social management measures, agencies responsible are described in Table 5.1. From these it is envisaged that the institutions responsible will be principally the AMWS PASU and the Agusan del Sur PENRO. Their effectiveness in managening these environmental and social impacts would be overseen by by the AMWS PAMB.

328. Certain activities related to the sanitation system, rainwater collection and solid waste management would be the responsibility of the LGUs of each municipality.

329. It is anticipated that the costs of implementing this monitoring and environmental management measures would be incorporated into the overall costs of the project since most of the measures have to do with the design of the structures and systems, and in the discussions with stakeholders. Compensation payments for establishing the SPZs are expected to be small because of small numbers of people using these areas and relative infrequency of use, combined with the benefits of setting aside sanctuaries that will result in increased productivity and yields for local users of natural resources.

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Table 5.1: Matrix of Project Activity, Potential Impact and Monitoring/Management Measures

Potential Impact Monitoring or Management measure Responsible agency

Cost of monitoring and management

Delineation of SPZs Consultation and agreement with IP communities using particular areas delineated on regular basis

Estimates of social and economic losses and gains resulting from restricting access to SPZs

Calculation of compensation costs, if appropriate Monitoring and enforcement of regulations of SPZs

PASU/PENRO Included in project costs of setting up. Compensation probably small

In situ species conservation plans

Assessment of species populations and distributions Application of species conservation measures, including invasive species Monitoring of effectiveness of measures, e.g. populations and distributions

PASU/PENRO Included in project costs. Monitoring costs included in improved biodiversity monitoring

Revegetation and reforestation

Assessment of reasons for failure of earlier reforestation efforts Identification of key habitats for revegetation and selection of appropriate

indigenous species Revegetation and reforestation measures Monitoring of success rates of planted areas

PASU/PENRO Included in project costs

Ecotourism developments - Infrastructure

Appropriate design and site selection for infrastructure Develop specific environmental management measures for ecourist resort at

Lake Panlabuhan Screening of kayak stores and bird hide access as necessary Ensure that all floating visitor centres and cottages are fitted with floating

sanitation units Appropriate environmental management for access road rehabilitation

PASU/PENRO LGU tourism offices Bunawan LGU

Included in project costs Rehabilitation of road funded separately through LGU

Disturbance of marsh by visitors

Agreements with marsh communities near each eco-tourism destination on appropriate rules and regulations to minimize disturbance

Development of phasing and scheduling of boat trips into the Marsh to minimize disturbance from having too many people in the same location at

PASU/PENRO LGU Tourism offices

Included in project costs

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Potential Impact Monitoring or Management measure Responsible agency

Cost of monitoring and management

same time Ensure that soild wastes from goods brought into the marsh by or for

tourists are removed Monitoring and response to complaints from marsh communities

Caimpugan board walk Minimise cutting of vegetation to install boardwalk Agree with Caimpugan community on use and access to boardwalk to

minimize overuse of natural resources caused by improved access Monitoring of the vegetation etc. within a 500 m strip along the boardwalk.

PASU/PENRO Included in project costs

Floating sanitation units Ensure timely collection of septage Ensure safe disposal of septage Ensure adequate budget for continuationof service after end of project Monitor and ensure adequate maintenance of the communal sanitation

facilities

LGUs Included in project costs

Rainwater collection units Provide screening and roof painting of collection and storage units as required


Ecological solid waste management

Ensure design and operation of the material recovery units Safe design and location of the hazardous waste disposal areas Monitor clean and safe operation of hazardous waste disposal areas Safe design and development of environmental management measures for

plastics melting facility Ensure adequate budget for continuation of the soild waste management

measures after project ends


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6. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE

6.1 STAKEHOLDER CONSULTATION PROGRAM

330. In order to provide primary data for stakeholder analysis, subproject appraisal and overall project formulation, stakeholder consultations and field surveys were carried out.

331. Stakeholder consultations were initiated and led by the Consultant’s participatory planning specialists together with the social development specialist, in close cooperation with the DENR regional offices, LGUs, relevant government technical agencies, NGOs and civil society. The main activities were key informant interviews (KII), focus group discussions (FGD) and workshops; major events such as workshops were held after approval by ADB of terms of reference (TOR) and cost estimates. Consultations with specific relevance to the Agusan Marsh sub-project are shown in Table 6.1.

332. Stakeholder analysis considered the individuals, groups, and organizations that may influence or be affected by the proposed subprojects in the entire basin. Analysis involved identification of key stakeholders to determine their interests and assesses their resources, capacity, and mandates. Because the issues in the Agusan Marsh are complex, opportunities for partnership with other projects, programs and organizations were also looked into as key components in subproject preparation, e.g. the Conservation International, ASEAN Peat Initiative, HEED. The composition of stakeholder groups in the Agusan subproject include the potential borrower, EA, other government agencies, NGOs, private sector representatives, religious organizations, beneficiaries, and donor/partner agencies, indigenous peoples, women and vulnerable groups, community based organization, local government officials and national agencies. A full listing of organizations consulted is shown in Annex 4.

Table 6.1: Stakeholder Consultations of Relevance to Agusan Marsh

No. Activity Date/ Schedule (2010)


1 Key informant interviews (KII)

16-19 Feb

Basin wide including Agusan Marsh

Initial meetings with LGUs, indigenous people in Agusan Marsh

2 Inception Workshop

3-4 Mar Davao City Identification of key issues in ARB, and determination subproject short-list


27-31 Mar

Davao City, Comval, Agusan del Sur

NGOs, barangay and municipal officials

4 Workshop for Agusan Marsh (first iteration)

1 Jun Patin-ay Updating Agusan Marsh Wildlife Sanctuary Management Plan (2006-2010), identification of subproject priorities, stakeholder endorsement, stakeholder roles for implementation

5 FGDs to update the Agusan Marsh Widlife Sanctuary Management Plan (second iteration)

17 Aug 18 Aug 19 Aug 23 Aug

San Francisco Talacogan Bunawan Loreto

To map the Protected Area occupants in the AMWS. To prepare an indicative resource map of the AMWS through participatory methods.

6 Workshop to present proposals to

25 Aug Loreto To present the components of the sub-project which are also the updates on the AMWS Management Plan, and to get the

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No. Activity Date/ Schedule (2010)


PAMB endorsement of the PAMB. 7 Workshop on

inter-LGU cooperation for basin water resources management

27 Aug Davao review and reaffirm institutional commitments of key LGUs within the Agusan River Basin to participate and partner with national and regional technical agencies in the sustainable management of the ARB; identify possible river-basin wide cooperation/partnership arrangements between key LGUs and national/regional technical agencies, for the implementation of the ARBIWRMP; and develop an action plan towards the formalisation of a river-basin wide cooperation/partnership agreement for the ARB.


6.2 STAKEHOLDER CONSULTATION METHODOLOGY

333. Preparatory activities. Preparatory activities included the following:

Courtesy calls to LGUs (province, municipal and barangays), local DENR offices.

Consultation meetings with target-beneficiary-clients and affected persons, particularly the poor and women’s group that will be affected by the proposed subrojects.

Present detailed plan and policies to target-beneficiary-clients and other stakeholders for comments and suggestions.

Finalize selection criteria with target-clients eligible for the proposed subprojects.

Prepare community consultation plans with stakeholders involved in the subprojects.

Documentation and profiling of stakeholders involve in the planning processes specifying the name of the group, interest and perception of problems and resources including their mandate.

Collection and review of secondary data.

Preparation of Detailed Design/Plan for Stakeholders’ Consultations—this includes scoping of key stakeholders per sub-project, stakeholders’ analysis.

334. Primary data gathering/ actual consultations. Primary data gathering and actual consultations included the following:

i. Documentation and profiling of stakeholders involved in the implementation process, specifying the name of the group, interest and perception of problems and resources, including their mandate in the basin.

ii. Conduct of Agusan Marsh FGDs with target beneficiaries (direct and indirect)—communities, women, IP groups in four locations around the Marsh

iii. Key Informant Interviews with NGOs, LGUs, NGAs, and others identified during stakeholder analysis.

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iv. Consolidation and analysis of Issues and concerns per stakeholder per sub-project.

v. Generation of options and recommendations to address major issues and concerns.

vi. Conduct of stakeholders’ workshop to: o develop framework for community participation, o participatory monitoring and evaluation framework, o capacity development program for increasing effective participation of

target communities (women, IPs rural poor).

335. Key tools/methods. Some key tools to be used in the process of consultations include among others the following:

Strengthening participation for development results workshops: Two workshops were specified in the PPTA TOR, the first of which was the inception workshop which yielded the short-listing of subprojects for inclusion in the PPTA.

Key informant interviews: A series of one-on-one interviews was conducted to collect information from a wide range of people who have in-depth knowledge of selected issues and concerns in the basin.

Focus groups discussions: A group interview, conducted with participants from various groups such as the technical working group, with membership from the DENR of both regions and provinces. This methodology helped the PPTA team understand the feelings, attitudes, and perceptions of the stakeholders about the master plan, and the terms of work and outputs of the PPTA. This was an entry point to the socio-economic survey that was conducted.

The FGDs for the Agusan Marsh Sub-project held with invitees representing all the eight municipalities and marsh communities produced the most direct information about the Marsh, its biodiversity (distribution and productivity). The results of these FGDs has been synthesized into a matrix in Annex 6.

Participatory learning and action: A wider arrangement of participatory methods of participation, such as community meetings and plotting activities to identify priorities, and channel learning and action—particularly for illiterate and semi-literate groups in the basin.

Design and monitoring framework (DMF): The inception workshop was a reference used to arrive at an agreement to prioritize problems in the subprojects, and designing elements for planning and monitoring the components of the subprojects.

Participatory monitoring and evaluation: A series of participatory methods used to enhance learning of the community and increase their ability to assess and improve ongoing development efforts in the basin.

6.3 STAKEHOLDER ANALYSIS

336. Extensive consultations and meetings with various stakeholders were conducted in the course of the identification and development of the Agusan Marsh sub-project. These consultations served as a basis for preparing the initial project design and monitoring framework for the sub-project. The consultation and meetings were necessary processes, especially considering the numerous stakeholders with conflicting interests in the Agusan Marsh and the complex governance structure, for the support and enabling mechanisms involved in the management and protection of the area. The consultations and meetings resulted in consensus or agreements on common issues, concerns and problems affecting the river basin and the suggested solutions in solving them.

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337. The outline for the Agusan Marsh sub-project was presented to the Agusan PAMB on 25 August 2010. There was overall approval for the sub-project and its different components.

338. The consultation process involved national agencies, local government policy and decision makers and community stakeholders including indigenous peoples’ groups. The consultation mapped-out the different stakeholders with their respective interests and the structure of the inter-related problems and concerns.

339. Summary results of stakeholder analysis based on the series of consultation workshops/dialogues so far conducted are shown in Table 6.2.

Table 6.2: Stakeholder Analysis - Agusan Marsh Stakeholders Stakeholders’

interest Perceived Problems Resources Mandate

Indigenous Peoples

Ancestral domain Lack of capacity to effectively manage and implement the ancestral domain plans

Limited alternative sources of livelihood

Poverty Tenure conflicts

Ancestral domain

Pre and prior informed consent over ancestral domain

Farmers/ fishermen

Agriculture production/ livelihood

Reduction in production capacities due to deterioration in land and water resources

Illegal activities such as kaingin, timber poaching, water pollution and illegal fishing activities

Compliance with proper land and water resource use

Line agencies DENR – natural resource protection and management DOH – health services NCIP – ancestral domain management

Limited resources Limited institutional capacity in coordinating management, protection, and enforcement of policies

Limited capacity in arresting Biodiversity Deterioration

Cultivation of Protected Forestland

Technical capacity managing natural resources

Available human resource support

Policy and enabling support

Protection, management and rehabilitation of natural resources

Facilitation of Indigenous Peoples’ Program or Ancestral Domain (NCIP)

Provision of social services

Agusan del Sur Government offices, especially PENRO, POH

Service delivery Effective local governance

Additional income to communities and local coffers

Limited capacity in managing natural resources

Lack of technical and financial resources to implement SWM program

Limited enforcement of national policies and land use management, especially land conversion and encroachment

Boundary conflicts and lack of coordination

Lack of SWM program and final solid waste disposal facilities

Control of in-migration to forest and protected areas

Limited capacity in maintaining peace and order situation

Limited resources Insurgency and peace and order

Internal revenue allotment

Policy/local legislation

Promotion of general welfare of the constituents

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Stakeholders Stakeholders’ interest

Perceived Problems Resources Mandate

Barangay governments

Service delivery

Peace and order

Limited capacity in effective local governance

Limited capacity in enforcing local ordinances and laws

Limited capacity in delivering social services and poverty reduction programs

Drug addiction Unsustainable farming practices

Unregulated timber harvesting Engagement in illegal mining

Barangay IRA Local policies/ ordinances

Various local communities

Disaster preparedness

Livelihood sources

Inadequate school facilities/ buildings

Inadequate environmental training/ technology

Lack of Information (environmental knowledge)

Lack of awareness on environmental laws

Inadequate water facilities Contribution in pollution water through improper solid waste and sanitation management

Low awareness on the importance of watershed management

Non- government organizations, especially HEED, Conservation International

Development facilitators in various issues, programs and initiatives within the river basin

Intervention/ management project of Agusan Marsh Wildlife Sanctuary

Siltation/ soil erosion/ landslides

Affecting farming, wildlife natural habitation

Strength to mobilize network of resources

Not applicable but has strong influence in doing community based activities around the basin

Women’s groups

Benefits from revenues due to farming, mining and forest products and facilities

Access to basic social services

Lack of alternative livelihood opportunities (for IPs and SSM)

Production Waterborne diseases due to lack of potable water in Agusan Marsh

Lack of potable water Health facilities in barangays around Agusan Marsh

Unstable peace and order Prostitution Child abuse Rampant use of Illegal drugs Sanitation and waste disposal problems

Organized groups with membership and network

Agencies of government and non- government working in Regions XI and XIII

Not applicable but has the potential to work with a network of women organizations for resource mobilization and project implementation

Academe Scientific research and academic agenda for students, faculty and community development

Unprotected watershed Siltation, soil erosion and landslide

Illegal transport of ore Water pollution(mercury and cyanide)

Scientific researches, publication and community extension work

Program on environmental education (included under

Not applicable except for their influence to advocate based on academic research output and publication that can be used as reference for public lecture and education for and

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Stakeholders Stakeholders’ interest

Perceived Problems Resources Mandate

watershed rehabilitation and protection)

about the protection of the Agusan Marsh and watershed areas.


6.4 INFORMATION DISCLOSURE

340. The Agusan Marsh Sub-project has been the subject of extensive consultation during the PPTA, as illustrated above in Table 6.1. The different components have been discussed with relevant stakeholders and the issues associated considered. The overall sub-project has been presented to the PAMB for its general approval.

341. Under the Philippine Environmental Impact System, the sub-project clearly does not fall into the Group I projects (Golf Courses, Heavy Industries, Resource Extractive Industries and Infrastructure projects. However, it would fall into a Group II project under the Tourism Industry (Type O.1. Resorts and other tourism/leisure projects) and under Waste management projects (Type R.2 and 7. Domestic waste water treatment and Receiving facilities, paper, plastics and other materials recycling. Under the system these require consideration through an IEE because the sub-project is located in an Environmentally Critical Area, (ECA) namely category “A” a Wildlife Sanctuary. It is also an ECA of category “C” – an area which constitutes the habitat for endangered and threatened species of indigenous Philippine wildlife, and an ECA Category “E” – Areas which are traditionally occupied by cultural communities or tribes.

342. Under the Philippine EIS rules and regulations, the EIA report to be submitted for tourism projects is dependent on "the area to be developed". Twenty-five (25) hectares and more requires a full scale EIA assessment (similar to Category A of ADB); >0.1 ha but <25 ha requires an IEE Checklist; and 0.1 ha does not require any EIA report. In this case the tourism development is dispersed throughout the Marsh, with a permanent Wetland Centre to be built on the existing PASU site at Mambalili, Bunawan. The rest of the developments will be located on floating visitor centres and cottages at three lakes within the Marsh. The idea of the exclusive resort at Panlabuhan would be subject to a feasibility study and most probably require its own IEE.

343. Under the EIS, the proponent for a Group II project within an ECA would have to prepare and submit an IEER to the EMB regional office in order to secure an ECC. This IEE report constitutes the basis for this IEER, which may be used together with the necessary IEE checklist downloadable from http:www.emb.gov.ph/eia/checklist.htm.

7. FINDINGS AND RECOMMENDATION

344. Under both the ADB and Philippine screening processes outlined above, it is considered that the Agusan Marsh sub-project falls under a Class B for ADB and a Group II within an Environmentally Critical Area. Since the project lies within the Agusan Marsh Wildlife Sanctary and is directed at enhancing biodiversity management and environmental management within it, an IEE or IEE checklist is required, together with appropriate environmental management measures. This IEE covers these requirements and identifies the principal social and environmental concerns.

345. The project activities are aimed at enhancing biodiversity through establishing SPZs, which may have an impact upon the access of local people living in the Marsh, and using natural reseources in these areas for their livelihoods. The delineation of these areas will be done in close consultation with these local users, aiming to choose relatively small areas

91


which will have least impact upon these uses, and which may actually enhance yields of natural resources in the surrounding areas. Where appropriate, compensation may be negotiated depending upon the current level of use of the actual area to be delineated, which is as yet not determined.

346. The other conservation type activities include development of species conservation plans targeted at endangered species, e.g. crocodiles and turtles. In addition the effects of alien invasive species, such as water hyacinth and janitor fish will be addressed through specific actions. These are not expected to have adverse social or environmental impacts.

347. Revegetation and tree-planting will also be undertaken in some of the degrade areas, e.g. along river banks, ensuring that the lessons are learnt from the failures of tree-planting in the past, through choice of appropriate species and siting of the areas to be replanted.

348. Many of the activities will be undertaken in collaboration with local people living in the Marsh. A key component of the sub-project will be CEPA, (Communication, Education and Promotion). This will address awareness raising and will serve to strengthen the interest and commitment of local people in conservation of the Agusan Marsh and its natural resources.

349. The key subproject component that raises the profile of the biodiversity of Agusan Marsh and can provide an alternative contribution to local livelihoods is eco-tourism. It is considered that the ecotourism infrastructure and activities will have a low impact upon the environment, and will not cause permanent damage. All the infrastructure proposed within the Marsh itself will be floating and can be removed or reused easily. The construction of a permanent Wetland Exhibition Centre is identified on the existing PASU site, and this will act as the hub for all visitors. Only a relatively small proportion of the visitors are expected to take the boat trips out into the main body of the Marsh, and provision will be made for a small number of vistors wanting to stay overnight. Disturbance to both wildlife and local residents by the visitors is not expected to be significant and can be managed through appropriate rules and scheduling of boat trips.

350. A 1,500 m board walk into the Caimugan peat dome will increase access into this peatland for visitors, but this could increase the exploitation of natural resources in the area around the walkway, thus leading to degradation of the immeadiate environment. This impact would have to be managed in consultation with local residents.

351. The potential for a small, exclusive floating resort at one of the Lakes will be explored with a tourism operator. The specific impacts of this would have to be the subject of an impact assessment (IEE) when further details are known.

352. Three other health related components are proposed. These are rainwater collection systems for the floating communities, a floating septic tank system to provide sanitation for the floating communities, and the extension of already proven solid waste recycling and disposal in the barangays around the Marsh. These have the potential to reduce pollution and feacal contamination in the waters of the Marsh, and to reduce the extent of plastic litter and other soild waste washed into the Marsh during floods.

353. The principal risks of these three initiatives aimed at improving local environmental conditions arise when there is failure of the systems, or lack of finance to continue servicing the sanitation and solid waste management systems.

92


8. CONCLUSIONS

354. In conclusion, the proposed Agusan Marsh sub-project consists of a number of initiatives aimed at improving the quality of the environment of Agusan Marsh Wildlife Sanctuary, maintaining its unique biodiversity, raising the awareness of its importance of both the local IP residents and visitors to the Marsh and providing alternative forms of livelihood through ecotourism.

355. These initiatives are focused on imporving the conditions within the Marsh itself. The integrity of the Marsh, however, depends upon ensuring that environmental degradation and pollution upstream in the catchment are addressed. External influences on hydrology and heavy metal contamination could seriously impair the ecosystem services provided by the Marsh in terms of its biodiversity and natural resource productivity, hydrological services in terms of flood mitigation and groundwater recharge, water purification and carbon sequestration. The other components of the Agusan River Basin IWRM sub-projects begin to address these issues in terms of watershed management and control of mine processing effluents.

356. The Agusan Marsh sub-project does not fit neatly into the different categories of project requiring environmental impact assessments. The components are relatively small in themselves and dispersed throughout the Marsh. However, because of its presence in a protected area, the sub-project is considered to be a Group II project within a Critical Environmental Area, the Agusan Marsh Wildlife Sanctuary, and thus requires an IEE Checklist to be presented to the EMB Regional Office for approval. In this case the project proponent would be PENRO office of Agusan Del Sur in collaboration with the LGUs of the eight municipalities surrounding the Marsh. This is also consistent with the ADB categorization of a Category B project under the ADB classification system.

357. This IEE report presents an initial assessment of the environmental and social impacts, which is considered to be the basis for the IEE Checklist to presented for approval, together with the identified institutional responsibilities and monitoring requirements. If the concept of an exclusive resort at one of the locations within the Marsh is considered feasible, a supplementary IEE will be required.

93


ANNEX 1: SPECIES LISTS OF FAUNA IN AGUSAN MARSH

Annex 1A. List of amphibians documented within Agusan Marsh

SPECIES COMMON NAME DISTRIBUTION STATUS CONSERVATION

STATUS (IUCN, 2008)

SURVEYS CONDUCTED

GONZALES (1991)

GEE (HARIBON)

(1991)

IBANEZ AND BASTIAN

(2004 CIP (2008)

Megrophryidae 1 Megophrys

stejnegeri Mindanao Horned Frog

Mindanao Endemic Vulnerable X X X

2 Leptobrachium hasselti

Hasselt’s Toad Non-endemic Least Concern X

Bufonidae 3 Bufo marinus Giant Marine Toad Non-endemic Least Concern X 4 Pelephryne lighti Light’s Toadlet Non-endemic Vulnerable X X 5 Ansonia mulleri Mueller’s Toad Mindanao Endemic Vulnerable X Ranidae 6 Occidozyga laevis Puddle Frog Non-endemic Least Concern X X 7 Platymantis

corrugatus Rough-backed Forest Frog

Philippine Endemic Least Concern X X

8 Platymantis dorsalis

Common Forest Frog

Philippine Endemic Least Concern X X X

9 Platymantis guentheri

Guenther’s Forest Frog

Mindanao Endemic Vulnerable X X

10 Rana diuata (Limnonectes diuatus)

Eastern Mindanao Frog

Mindanao Endemic Vulnerable X

11 Rana everetti Everett’s Frog Philippine Endemic DD X X 12 Fejervarya

cancrivora Asian Brackish Frog Non-endemic Least Concern X

13 Fejervarya vittigera

Philippine Endemic Least Concern X

14 Rana limnocharis ( Fejervarya limnocharis)

Common Pond Frog Non-endemic Least Concern X X

15 Rana parva ( Limnonectes

Philippine Small-disliked Frog


94



STATUS (IUCN, 2008)

SURVEYS CONDUCTED

GONZALES (1991)

GEE (HARIBON)

(1991)

IBANEZ AND BASTIAN

(2004 CIP (2008)

parvus) 16 Limnonectes

leytensis Small disk Frog Philippine Endemic Least Concern

17 Limnonectes magnus (Rana magna)

Giant Philippine Frog Non-endemic Near Threatened X X X

18 Rana signata grandocula

Variable-backed Frog

Mindanao Endemic Least Concern X X X

19 Staurois natator Rock Frog Philippine Endemic Least Concern X X X 20 Limnonectes

woodworthi Woodworth’s Fanged Frog

Philippine Endemic Least Concern

Rhacophoridae 21 Nyctixalus

spinosus Spiny Tree Frog Mindanao Endemic Vulnerable X X

22 Philautus acutirostris

Acute-snouted Tree Frog


23 Philautus of leitensis

Leyte Tree Frog Mindanao Endemic Vulnerable X

24 Rhacophorus bimaculatus

Asiatic Tree Frog Non-endemic Vulnerable X

25 Polypedates leucomystax

Common Tree Frog Non-endemic Least Concern X X X X

26 Rhacophorus appendiculatus

Rough-armed Tree Frog

Non-endemic Least Concern X X X

Microhylidae 27 Kalophrynus

pleurostigma Black-spouted Narrow-mouthed frog

Non-endemic Least Concern X X X X

28 Kaloula conjuncta meriodinalisis

Truncate-toed Tree Frog

Non-endemic Least Concern X X

29 Kaloula baleata Brown Bull Frog Non-endemic Least Concern 30 Kaloula conjuncta Non-endemic Least Concern X X 31 Kaloula pincta Slender-digit Chorus

Frog Philippine Endemic Least Concern X X

32 Oreophryne anulata

Montane Narrow-mouthed Frog


95



STATUS (IUCN, 2008)

SURVEYS CONDUCTED

GONZALES (1991)

GEE (HARIBON)

(1991)

IBANEZ AND BASTIAN

(2004 CIP (2008)

33 Chaperina fusca Yellow-spotted Narrow-mouthed Frog

Non-endemic Least Concern X

Annex 1.B. List of reptiles documented within Agusan Marsh

SPECIES COMMON NAME DISTRIBUTION STATUS

CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES (1991)

GEE (HARIBON)

(1991)

IBANEZ AND BASTIAN

(2004) CIP (2008)

Emydidae 1 Cuora amboinensis Malayan Freshwater

Turtle Non-endemic X

Trionychidae 2 Pelochelys cantorii Cantor’s Giant Soft-

shell Non-endemic Endangered X X

Crocodylidae 3 Crocodylus porosus Estuarine or

Saltwater Crocodile Non-endemic Lower Risk/least

concern X X X

4 Crocodylus mindorensis Philippine Crocodile Philippine Endemic Critically Endangered X X X Gekkonidae 5 Cyrtodactylus

agusanensis Agusan Bent-toed Gecko

Mindanao Endemic X x

6 Cyrtodactylus annulatus Small Bent-toed Gecko

Philippine Endemic X X X

7 Gekko monarchus Variable-backed Narrow-disked Gecko

Non-endemic X X

8 Lepidodactylus aureolineatus

Yellow-line Smooth-scaled Gecko

Mindanao Endemic X X

9 Pseudogekko labialis Dark-spotted Smooth-scaled Gecko

Mindanao Endemic X

10 Ptychozoon intermedium Philippine Flying Gecko

Philippine Endemic X

11 Hemiphyllodactulus typus Common Dwarf Gecko

Non-endemic X

Agamidae 12 Bronchocela cristatellus Marbled Bloodsucker Non-endemic X

96



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES (1991)

GEE (HARIBON)

(1991)

IBANEZ AND BASTIAN

(2004) CIP (2008)

(Calotes cristatellus) 13 Draco ornatus White-spotted Flying

lizard Philippine Endemic X X

14 Draco bimaculatus Philippine Endemic X X 15 Gonocephalus semperi White-spotted

Anglehead Philippine Endemic X X

16 Gonocephalus sophiae Dark-spotted Anglehead

Philippine Endemic x

17 Hydrosaurus pustulatus Philippine Sailfin Lizard

Philippine Endemic X X

Scincidae 18 Brachymeles gracilis

hilong Diuata Burrowing Skink


19 Brachymeles gracilis gracilis

Common Burrowing Skink


20 Brachymeles sp. X 21 Emoia ruficauda Red-railed Swamp

Skink Mindanao Endemic X

22 Lamproplepis smaragdina Spotted Green Tree Skink

Non-endemic X X X

23 Eutropis multifasciata Common Mabouya Non-endemic X X x X 24 Eutropis multicarinata Non-endemic X 25 Sphenomorphus acutus Point-headed

Sphenomorphus Philippine Endemic X X

26 Sphenomorphus coxi Cox’s Sphenomorphus


27 Sphenomorphus decipiens

Black-sided Sphenomorphus


28 Sphenomorphus diwata Diwata Sphenomorphus

Mindanao Endemic x

29 Sphenomorphus mindanensis

Mindanao Sphenomorphus

Mindanao Endemic X

30 Sphenomorphus fasciatus

Banded Sphenomorphus


31 Sphenomorphus jagori Jagor’s Sphenomorphus


32 Sphenomorphus variegatus

Black-spotted Sphenomorphus

Mindanao Endemic X X x

97



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES (1991)

GEE (HARIBON)

(1991)

IBANEZ AND BASTIAN

(2004) CIP (2008)

33 Sphenomorphus sp. X 34 Tripidophorus

misaminius Misamis Waterside Skink


35 Lipinia auriculata Bronze Slender Tree Skink


36 Lipinia pulchella Yellow-striped Slender Tree Skink


Varnidae 37 Varanus salvator Water Monitor Lizard Non-endemic X X Typhlopidae 38 Typhlops longicauda Long-tailed Blind

Snake Non-endemic X

39 Ramphotyphlops cumingil (synonym: Typhlops mindanensis)

Cuming’s Blind Snake


Boidae 40 Python reticulatus Reticulated Python Non-endemic X X Colubridae 41 Boiga dendrophila

latisfasciata Mindanao Blun-headed Tree Snake

Non-endemic X x

42 Cyclocorus nuchalis Southern Triangle-spotted Snake

Philippine Endemic X x

43 Dendrelaphis caudolineatus

Lined Slender Arboreal Snake

Non-endemic X x X

44 Elaphe erythrura erythrura Common Rat Snake Non-endemic X x 45 Lycodon aulicus capucinus Common Wolf

Snake Non-endemic X x

46 Tropidonophis (Natrix) dendrophiops

Spotted Water Snake Philippine Endemic x

47 Oligodon maculatus Barred Short-headed Snake

Mindanao Endemic x

48 Psammodynastes pulverulentus

Dark-spotted mock viper

Philippine Endemic x X

49 Rhabdophis auriculata White-lined Water Snake


Elapidae 50 Naja samarensis Samar Cobra Mindanao Endemic x 51 Naja naja mindanenensis Philippine Cobra Philippine Endemic X x

98



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES (1991)

GEE (HARIBON)

(1991)

IBANEZ AND BASTIAN

(2004) CIP (2008)

Viperidae 52 Tropidolaemus

(Trimeresurus) wagleri Wagler’s Pit Viper Non-endemic x

53 Trimeresurus flavomaculatus

Philippine Pit Viper Philippine Endemic X

Annex 1.C. List of birds documented within Agusan Marsh


CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES

(1991) MICHAELSON (1991)

GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)

SUCALDITO AND NUNEZA

(2007)

CIP (2008)

Podicipedidae 1 Tachybaptus

ruficollis Little Grebe Resident Least Concern x

Anhingidae 2 Anhinga

melanogaster Oriental Darter Resident Near Threatened x x

Ardeidae 3 Ardea cinerea Grey heron Winter Visitor-

Uncommon Least Concern x x

4 Ardea purpurea Purple Heron Least Concern X x x x X 5 Ardeola speciosa Javan-Pond

Heron Resident-Uncommon

Least Concern x x X

6 Bubulcus ibis Cattle Egret Resident-Uncommon

Least Concern x x x X X

7 Butorides striatus Striated Heron 8 Dupetor

flavicollis Black Bittern Resident-

Uncommon Least Concern x x X

9 Egretta alba Great Egret Winter Visitor-Uncommon

Least Concern X x x X

10 Egretta garzetta Little Egret Winter Visitor Least Concern X x x x 11 Egretta

intermedia Intermediate Egret Winter Visitor Least Concern X x x x

12 Ixobrychus (Dupetor) cinnamomeus

Cinnamon Bittern Resident Least Concern X x X x x

99



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

13 Ixobrychus eurythmus

Schrenck’s Bittern Winter Visitor-Rare

Least Concern X

14 Ixobrychus sinensis

Yellow Bittern Resident Least Concern X x X

15 Nycticorax caledonicus

Rufous Night Heron

Resident-Uncommon

Least Concern X x

16 Nycticorax nycticorax

Black-crowned Night Heron

Winter Visitor-Uncommon

Least Concern X X

Anatidae 17 Anas luzonica Philippine

Mallard/Duck Philippine Endemic

Vulnerable X X X X

18 Anas querquedula

Garganey Winter Visitor-Common

Least Concern x

19 Aythya fulligula Tufted Duck Winter Visitor-Common

Least Concern x

20 Dendrocygna arcuate

Wandering Whistling Duck

Resident-Common

Least Concern X X x X X

Recurvirostridae 21 Himantopus

himantopus Balck-winged Stilt Winter Visitor-

Uncommon Least Concern X X X

Sternidae 22 Sterna hirundo Common Tern Winter Visitor-

Uncommon passage

Least Concern x

23 Gelochelidon (Sterna) nilotica

Gull-billed Tern Winter Visitor-Uncommon

Least Concern x

Accipitridae 24 Accipiter gularis Japanese

Sparrowhawk Winter Visitor-Uncommon

Least Concern X x

25 Accipiter soloensis

Chinese Goshawk Winter Visitor-Fairly Common

Least Concern X X

26 Accipiter trivirgatus

Crested Goshawk Resident-Uncommon

Least Concern X

27 Accipiter virgatus Besra Resident-Common

Least Concern x X

28 Circus melanoleucos

Pied Harrier Winter Visitor-Uncommon

Least Concern X X x X

100



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

29 Circus spilonotus Eastern Marsh Harrier

Winter Visitor-Common

Least Concern X

30 Haliastur Indus Brahminy Kite Resident-Common

Least Concern

31 Haliaeestus leucogaster

White-bellied Sea eagle

Resident-Uncommon

Least Concern x

32 Hieraaetus kienerii

Rufous-bellied Eagle

Resident-Uncommon

Least Concern x

33 Ichthyophaga ichthyaetus

Grey-headed Fish-Eagle

Resident-Rare Near Threatened X X

34 Pernis celebensis

Barred Honeybuzzard

Resident-Uncommon

Least Concern X X

35 Spilornis cheela Crested Serpent- Eagle

Resident-Common

Least Concern X x X

36 Spilornis holospilus

Philippine Serpent eagle

Philippine Endemic

Least Concern X

37 Spizaetus cirrhatus

Changeable Hawk-Eagle

Resident-Uncommon

Least Concern X x

38 Spizaetus philippinesis

Philippine Hawk eagle

Philippine Endemic

Vulnerable X X X

Pandionidae 39 Pandion

haliaetus Osprey Winter Visitor-

Uncommon Least Concern X

Falconidae 40 Falco tinnunculus Eurasian Kestrel Winter Visitor-

Uncommon Least Concern X

41 Microhierax erythrogenys

Philippine Falconet

Endemic Least Concern X X x

Phasianidae 42 Coturnix

chinensis Blue-breasted Quail

Resident-Common

Least Concern X

43 Gallus gallus Red Jungle Fowl Resident-Common

Least Concern X X

Rallidae 44 Amaurornis

olivacea Plain Bush-hen Resident-Rare Least Concern x X x X

45 Amaurornis White-Breasted Resident- Fairly Least Concern x x X x X

101



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

phoenicurus Waterhen Common 46 Gallicrex cinerea Watercock Resident- Fairly

Common Least Concern x x X

47 Gallinula chloropus

Common Moorhen Resident-Common


48 Gallirallus (Rallus) striatus

Slaty-Breasted hail

Resident-Uncommon

Least Concern X x X

49 Gallirallus (Rallus) torquatus

Barred Rail Resident-Common

Least Concern X x X x X

50 Porphyrio porphyrio

Purple Swamphen Resident-Uncommon

Least Concern x x x X

51 Porzana cinerea White-Browned Crake

Resident-Common

Least Concern X x X x

52 Porzana fusca Ruddy-breasted Crake

Resident-Common

Least Concern x

53 Rallina eurizonoides

Slaty-legged Crake

Resident-Uncommon

Least Concern X x X

54 Rallina fasciana Red-legged Crake Resident-Uncommon

Least Concern x x

Jacanidae 55 Hydrophasianus

chirurgus Pheasant-tailed Jacana

Resident-Common

Least Concern x

Rostratulidae 56 Rostratula

benghalensis Greater Painted Snipe

Resident-Common

Least Concern X x X X X

Scolopacidae 57 Actitis hypo

leucos Common Sandpiper


Least Concern x x x

58 Tringa glareola Wood Sandpiper Winter Visitor-Common

Least Concern

59 Gallinago megala Swinhoes Snipe Winter Visitor-Common

Least Concern X X

60 Gallinago gallinago

Common Snipe Winter Visitor-Common

Least Concern

61 Alauda gulgulla Oriental Skylark Resident-Locally Common

Least Concern X

102



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

Charadriidae 62 Pluvialis fulva Asian Golden

Plover Winter Visitor-Common

Least Concern x

63 Charadrius dubius

Little-ringed Plover

Resident/Migrant-Common

Least Concern x

Columbidae 64 Chalcophaps

indica Common Emerald Dove

Resident-Common


65 Columba vitiensis

Metallic Pigeon Resident-Uncommon

Least Concern x x

66 Ducula aenea Green Imperial Pigeon

Resident- Fairly Common

Least Concern X X X X X

67 Ducula bicolor Pied Imperial Pigeon

Resident-Uncommon

Least Concern X

68 Ducula carola Spotted Imperial Pigeon

Philippine Endemic

Vulnerable x x

69 Geopelia striata Zebra dove Resident-Common

Least Concern x x x x X

70 Macropygia phasianella

Reddish-Cuckoo Dove

Resident-Common

Least Concern x x X

71 Phapitreron leucotis

White-eared Brown Dove

Philippine Endemic

Least Concern X X x x X

72 Phapitreron amethystina

Endemic-Common Locally

Philippine Endemic

Least Concern x X

73 Ptilinopus leclancheri

Black-chinned Fruit-Dove

Resident-Uncommon

Least Concern X

74 Ptilinopus melonospila

Black-naped Fruit Dove

Resident-Common

Least Concern X x

75 Ptilinopus occipitalis

Yellow-breasted Fruit-Dove

Philippine Endemic

Least Concern x x X X

76 Streptopelia bitorquata

Philippine Turtle Dove

Resident-Uncommon

Least Concern x X

77 Streptopelia chinensis

Spotted Dove Resident-Common

Least Concern X X X X X

78 Streptopelia Red Turtle Dove Resident- Fairly Least Concern

103



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

tranquebarica Common 79 Treron

pompadora Pompadour Green-Pigeon

Resident-Uncommon

Least Concern x x x

80 Treron vernans Pink-necked Green Pigeon

Resident-Uncommon

Least Concern x X x X

Psittacidae 81 Bolbopsittacus

lunulatus Guaiabero Philippine

Endemic Least Concern x X X x X

82 Loriculus philippinensis

Colasisi Philippine Endemic


83 Prioniturus discrurus

Blue-crowned Racquet Tail

Philippine Endemic

Least Concern X X

84 Trichoglossus johnstoniae

Mindanao Lorikeet Mindanao-endemic

Near Threatened X

Cuculidae 85 Cuculus fugax Hodgson’s Hawk

Cuckoo Resident-Uncommon

Least Concern X X x x

86 Cacomantis merulinus

Plaintive Cuckoo Resident-Common

Least Concern X x X

87 Cacomantis variolosus

Brush Cuckoo Resident- Fairly Common

Least Concern X x x

88 Surniculus lugubris

Drongo Cuckoo Resident- Fairly Common

Least Concern X x x x

89 Eudynamis Scolopacea

Common Koel Resident-Locally Common

Least Concern X x x x X

90 Centropus viridis

Philippine Coucal Philippine Endemic


91 Centropus bengalensis

Lesser Coucal Resident- Fairly Common

Least Concern X x

92 Centropus melanops

Black-faced Coucal

Mindanao-endemic

Least Concern X X X x X

Strigidae 93 Mimizuku

gurneyl Giant Scops-owl Philippine

Endemic Vulnerable

94 Ninox Philippensis

Philippine Hawk Owl

Philippine Endemic


95 Otus megalotis Philippine Scops- Philippine Least Concern X x X

104



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

owl Endemic 96 Tyto capensis Grass Owl Resident- Fairly

Common Least Concern

Podargidae 97 Batrachostomu

s septimus Philippine Frogmouth

Philippine Endemic

Least Concern

x x X

Caprimulgidae 98 Caprimulgus

macrurus Large-tailed Nightjar


Least Concern X

99 Caprimulgus manillensis

Philippine Nightjar Resident-Uncommon

Least Concern X

100 Eurostopodus macrotis

Great-Eared Nightjar

Resident-Uncommon


Apodidae 101 Aerodramus

(Collocalia) vanikorensis

Uniform Switflet Resident-Common

Least Concern X X

102 Collocalia esculenta

Glossy Swiftlet Resident-Common

Least Concern x x

103 Collocalia marginata

Philippine Glossy Swiftlet

Philippine Endemic

Least Concern X

104 Collocalia troglodytes

Pygmy Swiftlet Philippine Endemic

Least Concern X X X

105 Cypciurus balasiensis

Asian Palm-swift Resident-Locally Common

Least Concern X

Trogonidae 106 Harpactes

ardens Philippine Trojon Philippine

Endemic Least Concern x X

107 Alcedo (Ceyx) argentata

Silvery Kingfisher Mindanao-endemic

Vulnerable x X x x x X

108 Alcedo atthis Common Kingfisher


Least Concern x x

109 Ceyx lepidus Variable Kingfisher

Resident-Uncommon

Least Concern X x X

110 Ceyx melanurus

Philippine Dwarf Kingfisher

Philippine Endemic

Vulnerable x x

111 Halcyon Stork-billed Resident- Least Concern x

105



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

capensis Kingfisher Uncommon 112 Halcyon chloris Collared

Kingfisher Resident-Common


113 Halcyon coromanda

Ruddy Kingfisher Resident/Migrant-Uncommon

Least Concern x X

114 Halcyon smyrnensis

White-throated Kingfisher



115 Halcyon winchell

Rufous-lored Kingfisher

Resident-Rare Least Concern X

116 Halcyon (Pelargopsis) capensis

Stork-billed Kingfisher

Resident-Uncommon

Least Concern X

Meropidae 117 Merops viridis Blue-throated

Bee-eater Resident- Fairly Common

Least Concern x X

118 Merops philippinus

Blue-tailed Bee-eater


Least Concern x X

Coracidae 119 Eurystomus

orientalis Dollarbird Resident- Fairly

Common Least Concern X X

Bucerotidae 120 Penelopides

Panini affinis Mindanao Tarictic Hornbill

Philippine Endemic


Capitonidae 121 Megalaima

haemacephala Coppersmith Barbet

Philippine Endemic

Least Concern X x X X

Picidae 122 Chrysocolaptes

lucidus Greater Flameback

Philippine Endemic

Least Concern X x X

123 Dendrocopus fulvifasciatus

Philippine Pygmy Woodpecker

Philippine Endemic

Least Concern x

124 Dendrocopus maculatus

Philippine Woodpecker

Philippine Endemic


125 Dryocopus javensis

White-bellied Woodpecker

Philippine Endemic


126 Mulleripicus Sooty Philippine Least Concern X

106



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

funebris Woodpecker Endemic 127 Mulleripicus

fuliginosus Sooty Woodpecker

Philippine Endemic

Least Concern x

Eurylaimiidae 128 Eurylaimus

steeri Mindabao Broadbill

Philippine Endemic

Vulnerable X

Pittidae 129 Pitta sordid Hooded Pitta Resident-

Common Least Concern X X x X

130 Pitta erythrogaster

Red-bellied Pitta Philippine Endemic

Least Concern x X

Hirundidae 131 Hirundo tahitica Pacific Swallow Resident-

Common Least Concern X X X X

132 Hirundo striolata Striatus Swallow Resident-Locally Common

Least Concern X

133 Hirundo rustica Barn Swallow Winter Visitor-Common

Least Concern X

Campephagidae 134 Coracina striata Bar-bellied

Cuckoo Shrike Resident-Common

Least Concern x x X

135 Lalage melanoleuca

Black and White Triller

Philippine Endemic

Least Concern X x x

136 Lalage nigra Pied Triller Resident-Common


Pycnonotidae 137 Pycnonotus

urostictus Yellow-wattled Bulbul

Philippine Endemic

Least Concern x x x

138 Pycnonotus goiaver

Yellow-vented Bulbul

Resident-Common


139 Hypsipetes philippinus

Philippine Bulbul Philippine Endemic


Dicruridae 140 Dicrurus

hottentottus Spangled Drongo Resident-

Common Least Concern x x x x X

Oriolidae 141 Oriolius Black-naped Resident- Least Concern X X X x X

107



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

chinensis Oriole Common Corvidae 142 Corvus

macrorhynchos

Large-Billed Crow Philippine Endemic

Least Concern x x x

143 Corvus enca Slender-Billed Crow

Philippine Endemic

Least Concern x

Paridae 144 Parus elegans Elegan Tit Philippine

Endemic Least Concern X

Rhabdornithidae 145 Rhabdornis

mystacalis Stripe-headed Rhabdornis

Philippine Endemic

Least Concern X

Timaliidae 146 Macronous

striaticeps Brown tit-babler Philippine

Endemic Least Concern x x x x X

Turdidae 147 Copsychus

saularis Magpie Robin Resident-

Uncommon Least Concern X X X X X

148 Luscinea calliope

Siberian Rubythroat


Least Concern X

149 Saxicola caprata

Pied Bushcat Philippine Endemic

Least Concern x

Sylviidae 150 Acrocephalus

orientalis Great Reed Warbler

Resident- Fairly Commons

Least Concern X x x

151 Acrocephalus stentoreus

Clamorous Reed Warbler

Resident-Uncommon


152 Cristicola juncidis

Zitting Cristicola Resident-Common

Least Concern x x X

153 Cristicola exilis

Bright-capped Cristicola

Philippine Endemic

Least Concern X

154 Locustella ochotensis

Middendorf’s Grasshopper-warbler


Least Concern X X X

155 Locustella fasciolata

Gray’s Grasshopper-


Least Concern X

108



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

warbler 156 Megalurus

palustris Striated Grassbird Philippine

Endemic Least Concern X x X

157 Megalurus timoriensis

Tawny Grassbird Philippine Endemic

Least Concern X X X

158 Orthotomus cinereiceps

White-eared Tailorbird

Philippine Endemic

Least Concern x

159 Orthotomus nigriceps

Black-headed Tailorbird

Philippine Endemic


160 Phylloscopus olivaceus

Philippine Leaf-Warbler

Philippine Endemic

Least Concern X X

Muscicapidae 161 Cyornis

rufigastra Mangrove Blue Flycatcher

Resident-Common

Least Concern X X X x X

162 Culicicapa helianthea

Citrine Canary Flycatcher

Resident-Common

Least Concern x

163 Ficedula basilanica

Little Slaty Flycatcher

Philippine Endemic

Least Concern X

164 Hypothymis azurea

Black-naped Monarch

Resident-Common

Least Concern X X X X

165 Muscicapa dauurica

Asian Brown Flycatcher

Winter Visitor- Rare

Least Concern

166 Muscicapa griseisticta

Grey-streaked Flycatcher


Least Concern x

167 Rhipidura javanica

Pied Fantail Resident-Common

Least Concern X X x x x X

168 Rhipidura superciliaris

Blue Fantail Philippine Endemic

Least Concern x X

169 Rhinomyias goodfellowi

Slaty-backed Jungle Flycatcher

Mindanao-endemic

Least Concern X

170 Rhinomyias ruficauda

Rufous-tailed Jungle-Flycatcher

Resident-Uncommon

Least Concern X

Motacillidae 171 Anthus

hodgsoni Olive Tree-pipit Winter Visitor-

Uncommon Least Concern x

172 Motacilla flava Yellow Wagtail Migrant-Common Least Concern x

109



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

173 Motacilla cinerea

Grey Wagtail Winter Visitor-Common

Least Concern X

174 Artamus leucorhynchus

White-breasted Wood Swallow

Resident-Common


Laniidae 175 Lanius cristatus Brown Shrike Winter Visitor-

Common Least Concern X X x

Sturnidae 176 Acridotheres

critatellus Crested Myna Resident- Fairly

Common Least Concern X

177 Aplonis panayensis

Asian Glossy Starling

Resident-Common

Least Concern X X X X

178 Sarcops calvus Coleto Philippine Endemic

Least Concern X X X

Nectariniidae 179 Aethopyga

flagrans Flaming Sunbird Philippine

Endemic Least Concern X X

180 Aethopyga pulcherima

Metallic-winged Sunbird

Philippine Endemic

Least Concern X

181 Aethopyga shelleyi

Lovely Sunbird Philippine Endemic

Least Concern x x X

182 Anthreptes malacensis

Plain-throaed Sunbird

Resident-Common

Least Concern x X

183 Arachnothera clarae

Naked-faced Spiderhunter

Philippine Endemic

Least Concern x x

184 Arachnothera longirostra

Little Spiderhunter Resident-Uncommon

Least Concern x x x x X

185 Nectarinia jugularis

Ollive-backed Sunbird

Philippine Endemic


186 Nectarinia sperata

Purple-throated Sunbird

Philippine Endemic

Least Concern X x X X

Dicaeidae 187 Dicaeum

australe Red-keeled Flowerpecker

Philippine Endemic

Least Concern x x X x

188 Dicaeum bicolor

Bicoloures Fowerpecker

Philippine Endemic

Least Concern x X

110



CONSERVATION STATUS

(IUCN, 2008)

SURVEYS CONDUCTED

GONZALES


GEE (HARIBON

) (1991)

IBANEZ AND

BASTIAN (2004)


(2007)

CIP (2008)

189 Dicaeum hypoleucum

Buzzing Flowerpecker

Philippine Endemic

Least Concern x X

190 Dicaeum pygmaeum

Pygmy Flowerpecker

Philippine Endemic

Least Concern X x

191 Dicaeum trigonostigma

Orange-bellied Flowerpecker

Resident-Common


192 Prionochillus olivaceus

Ollive-belled Flowerpecker

Philippine Endemic


Pachycephalidae 193 Pachycephala

philippinensis Yellow-breasted Whistler

Philippine Endemic

Least Concern X

Zosteropidae 194 Zosterops

everetti Everette’s White Eye

Philippine Endemic

Least Concern x x X

195 Zosterops nigrorum

Golden-yellow White-eye

Philippine Endemic

Least Concern X

Estrildidae 196 Lonchura

leucogastra White-bellied Munia

Resident-Common

Least Concern X x X x

197 Lonchura malacca

Chestnut Mania Resident-Common


198 Passer montanus

Eurasian Tree Sparrow

Resident-Common


Annex 1.D. List of mammals documented within Agusan Marsh


STATUS (IUCN, 2008)

SURVEYS CONDUCTED

GONZALES

(1991)

LEPITEN AND

MANAMTAM (HARIBON,

1999)

IBANEZ AND BASTIAN (2004) CIP (2008)

Pteropodidae 1 Acerodon jubatus Golden-crowned

Flying Fox Philippine Endemic Endangered X

111



STATUS (IUCN, 2008)

SURVEYS CONDUCTED

GONZALES

(1991)

LEPITEN AND

MANAMTAM (HARIBON,

1999)


2 Cynopterus Brachyotis

Lesser Short-nosed Fruit Bat

Non-Endemic Least Concern x X x x

3 Macroglossus minimus

Dagger-toothed Fruit Bathed

Non-Endemic Least Concern x X x

4 Ptenochirus jagori Musky Fruit Bat Philippine Endemic Least Concern X X X X 5 Ptenochirus menor Lesser Musky Fruit

Bat Mindanao Endemic Least Concern x

6 Eonycteris spelea Philippine Lesser Dawn Bat

Philippine Endemic Least Concern x

7 Eonycteris robusta Philippine Nectar Bat

Philippine Endemic Near Threatened x X

8 Haplonycteris fischeri

Fischer’s Pygmy Fruit Bat

Philippine Endemic Least Concern X

9 Harpyionycteris whiteheadi

Harpy Fruit Bat Philippine Endemic Least Concern x

10 Megaerops wetmorei

Mindanao Fruit Bat Non-Endemic Vulnerable x

11 Rousettus amplexicaudatus

Common Rousette Non-Endemic Least Concern X X x X

12 Pteropus vampyrus Large Flying Fox Non-Endemic Near Threatened X

Vespertilionidae 13 Scotophilus kuhlii Least Asian House

Bat Non-Endemic Least Concern X

Megamertidae 14 Megaderma spasma Common Asian

Ghost Bat Non-Endemic Least Concern X

Rhinolophidae 15 Hipposideros

diadema Diadem Roundleaf Bat

Non-Endemic Least Concern X

16 Murina cyclotis Round-eared Tube-nosed Bat

Non-Endemic Least Concern X

17 Rhinolophus virgo Yellow-faced horseshoes Bat

Philippine Endemic Least Concern X x

Cercopithecidae-monkey 18 Macaca fascicularis Long-tailed Non-Endemic Least Concern X X

112



STATUS (IUCN, 2008)

SURVEYS CONDUCTED

GONZALES

(1991)

LEPITEN AND

MANAMTAM (HARIBON,

1999)


macaque Sciuridae-squirrels 19 Sundasciurus

philippinensis Philippine Tree Squirrel

Philippine Endemic Least Concern x X

Muridae-mice and rats 20 Rattus everetti Philippine Large

Forest Rat Philippine Endemic Least Concern X X X

21 Rattus norgevicus Common Rat Non-Endemic X 22 Rattus tanezumi Oriental House Rat Non-Endemic X x 23 Bullimus bagobus Large Mindanao

Forest Rat Philippine Endemic x

Tarsiidae 24 Tarsius syrichta Philippine Tarsier Philippine Endemic Near Threatened X Viverridae-civets 25 Paradoxurus

hermaphroditus Common Palm Civet

Philippine Endemic Least Concern x

26 Viverra tangalunga Malay Civet Non-Endemic Least Concern Suidae 27 Sus philippinensis Bearded Pig Philippine Endemic Vulnerable x x Cervidae 28 Russa marianna Philippine Brown

Deer Philippine Endemic Vulnerable x

113


ANNEX 2: ADB CHECKLISTS OF POTENTIAL IMPACTS

Forestry YES NO REMARKS A. Project Siting Is the Project area adjacent to or within any of the following environmentally sensitive areas?

§ Cultural heritage site x § Protected Area x § Wetland x § Mangrove x § Estuarine x § Buffer zone of protected area x § Special area for protecting biodiversity x

B. Potential Environmental Impacts Will the Project cause…

§ increase in soil erosion and siltation? x § increase in peak and flood flows? x § loss of downstream beneficial uses (water supply or

fisheries)? x § impairment of ecological and recreational opportunities? x § impairment of beneficial uses of traditional forests? x § any loss of precious ecology? x § possible conflicts with established management policies? x § dislocation or involuntary resettlement of people? x § loss of downstream ecological and economic functions due to

any construction of social infrastructure (e.g., road, training or information center, office or housing)? x

§ displacement of people or reduce their access to forest resources? x

some minor loss of access to SPZs to be negotiated

§ uncontrolled in-migration with opening of roads to forest area and overloading of social infrastructure? x

§ unnecessary loss of ecological value and decreased biodiversity by replacement of natural forest with plantation with limited number of species? x

§ technology or land use modification that may change present social and economic activities? x

§ ecological problems due to land clearance prior to reforestation (e.g., soil erosion, disruption of hydrological cycle, loss of nutrients, decline in soil fertility)? x

§ other ecological problems (e.g., pollution of water bodies from fertilizers, pesticides, and herbicides used in the plantation)? x

§ social problems and conflicts related to land tenure and resource use rights? x

Water Supply YES NO REMARKS Project Siting Is the project area…

§ Densely populated? x § Heavy with development activities? x § Adjacent to or within any environmentally sensitive areas? x

114


Water Supply YES NO REMARKS

· Cultural heritage site x · Protected Area x · Wetland x · Mangrove x · Estuarine x · Buffer zone of protected area x · Special area for protecting biodiversity x · Bay x


§ pollution of raw water supply from upstream wastewater discharge from communities, industries, agriculture, and soil erosion runoff? x

§ impairment of historical/cultural monuments/areas and loss/damage to these sites? x

§ hazard of land subsidence caused by excessive ground water pumping? x

§ social conflicts arising from displacement of communities ? x § conflicts in abstraction of raw water for water supply with

other beneficial water uses for surface and ground waters? x § unsatisfactory raw water supply (e.g. excessive pathogens or

mineral constituents)? x § delivery of unsafe water to distribution system? x § inadequate protection of intake works or wells, leading to

pollution of water supply? x § over pumping of ground water, leading to salinization and

ground subsidence? x § excessive algal growth in storage reservoir? x § increase in production of sewage beyond capabilities of

community facilities? x § inadequate disposal of sludge from water treatment plants? x § inadequate buffer zone around pumping and treatment plants

to alleviate noise and other possible nuisances and protect facilities? x

§ impairments associated with transmission lines and access roads? x

§ health hazards arising from inadequate design of facilities for receiving, storing, and handling of chlorine and other hazardous chemicals x

§ health and safety hazards to workers from the management of chlorine used for disinfection and other contaminants? x

§ dislocation or involuntary resettlement of people x § social conflicts between construction workers from other

areas and community workers? x § noise and dust from construction activities? x § increased road traffic due to interference of construction

activities? x § continuing soil erosion/silt runoff from construction

operations? x § delivery of unsafe water due to poor O&M treatment

processes (especially mud accumulations in filters) and inadequate chlorination due to lack of adequate monitoring of chlorine residuals in distribution systems? x

115


Water Supply YES NO REMARKS

§ delivery of water to distribution system, which is corrosive due to inadequate attention to feeding of corrective chemicals? x

§ accidental leakage of chlorine gas? x § excessive abstraction of water affecting downstream water

users? x § competing uses of water? x § increased sewage flow due to increased water supply x § increased volume of sullage (wastewater from cooking and

washing) and sludge from wastewater treatment plant x Sanitation YES NO Remarks Project Siting Is the project area…

§ Densely populated? x § Heavy with development activities? x § Adjacent to or within any environmentally sensitive areas x



§ impairment of historical/cultural monuments/areas andloss/damage to these sites? x

§ interference with other utilities and blocking of access to buildings; nuisance to neighboring areas due to noise,smell, and influx of insects, rodents, etc.? x

§ dislocation or involuntary resettlement of people x § impairment of downstream water quality due to inadequate

sewage treatment or release of untreated sewage? x Improvement compared to existing situation

§ overflows and flooding of neighboring properties with raw sewage? x

§ environmental pollution due to inadequate sludge disposal or industrial waste discharges illegally disposed in sewers? ?

Uncertainty about disposal of sludge form floating septic tanks

§ noise and vibration due to blasting and other civil works? x § discharge of hazardous materials into sewers, resulting in

damage to sewer system and danger to workers? x § inadequate buffer zone around pumping and treatment plants

to alleviate noise and other possible nuisances, and protect facilities? x

§ social conflicts between construction workers from other areas and community workers? x

§ road blocking and temporary flooding due to land excavation during the rainy season? x

§ noise and dust from construction activities? x

116


Sanitation YES NO Remarks

§ traffic disturbances due to construction material transport and wastes? x

§ temporary silt runoff due to construction? x § hazards to public health due to overflow flooding, and

groundwater pollution due to failure of sewerage system? x § deterioration of water quality due to inadequate sludge

disposal or direct discharge of untreated sewage water? ? Risks of non-collection of septage

§ contamination of surface and ground waters due to sludge disposal on land? ?

Uncertainty where septage will be disposed

§ health and safety hazards to workers from toxic gases and hazardous materials which maybe contained in sewage flow and exposure to pathogens in sewage and sludge? x

Solid waste management YES NO REMARKS A. Project Siting Is the project area…

§ Densely populated? x § Heavy with development activities? x § Adjacent to or within any environmentally sensitive areas? x



§ impacts associated with transport of wastes to the disposal site or treatment facility x

§ impairment of historical/cultural monuments/areas and loss/damage to these sites? x

§ degradation of aesthetic and property value loss? x § nuisance to neighboring areas due to foul odor and influx of

insects, rodents, etc.? x § dislocation or involuntary resettlement of people x § public health hazards from odor, smoke from fire, and

diseases transmitted by flies, insects, birds and rats? x § deterioration of water quality as a result of contamination of

receiving waters by leacheate from land disposal system? ? Minor risk § contamination of ground and/or surface water by leachate

from land disposal system? ? Minor risk § land use conflicts? x § pollution of surface and ground water from leachate coming

form sanitary landfill sites or methane gas produced from decompositionof solid wastes in the absence of air, which could enter the aquifer or escape through soil fissures at places far from the landfill site? x

§ inadequate buffer zone around landfill site to alleviate nuisances? x

117


Solid waste management YES NO REMARKS

§ social conflicts between construction workers from other areas and x

§ road blocking and/or increased traffic during construction of facilities? x

§ noise and dust from construction activities? x § temporary silt runoff due to construction? x § hazards to public health due to inadequate management of

landfill site caused by inadequate institutional and financial capabilities for the management of the landfill operation? ? Minor risk

§ emission of potentially toxic volatile organics from land disposal site? x

§ surface and ground water pollution from leach ate and methane gas migration? x

§ loss of deep-rooted vegetation (e.g. tress) from landfill gas? x § explosion of toxic response from accumulated landfill gas in

buildings? x § contamination of air quality from incineration? x § public health hazards from odor, smoke from fire, and

diseases transmitted by flies, rodents, insects and birds, etc.? x § health and safety hazards to workers from toxic gases and

hazardous materials in the site? x

118


ANNEX 3: SITUATION OF ACCESS ROAD LEADING TO MAMBALILI TO BE REHABILITATED BY BUNAWAN MUNICIPALITY

The access road from the Public Highway to the PASU office at Mambalili in Bunawan municipality will require rehabilitation in order to provide all weather access to the proposed Wetland Centre to be established there. The existing road is about 2.3 km long and 3 m wide and has lost its all weather topping over the years especially on the sloping ground, where deep ruts and gullies have destroyed the road’s usability for all but motor-cycles and four wheel drive vehicles. The road also serves the barangay of San Marcos. There is a four culvert (12 m wide) low-level river crossing in reasonable repair at about 1 km from the end of the road, just before the turn off to San Marcos. A rapid walk through survey of the road showed that there were only 1 rattan house and 3 stores siutuated on the roadside, that would have to be moved for the rehabilitation, with 14 houses lying within 5 m of the road, 47 houses lying within 10 m of the road and 62 houses lying within 20 m of the road. A Google Earth map of the road alignment is shown below and the location of the houses along the road shown in the attached table:

119


Road from Provincial Highway to PASU office at Mambilili

Features metres Road 3 m Features20m 10m 5m roadside Distance GPS point roadside 5m 10m 20m

P H'way10 0 53 3 Church, electricity poles

Electricity poles 170 54 2m on each side of road2 store 180 55 1 Concrete block house3 store store 3 overhill

2 130 56 3open space with bar set back 5 downhill

1 190 57 open, downhillshelter with blackboard and chairs 150 58 Bar 3 People Bank micro-finance training 5mBananas, bamboo Bananas, Bamboo

small rattan house 1 120 59 1Cement block house with rice drying area

rice fields with terminalia trees at 200m bottom of hill rice fields with terminalia trees at 200mWooden house with garden and pigs 1 plus 50m

2 rattan houses 2 1 + store 220 60 1 + 2small incline - one house on bank above road

Borrow pit for road materials 1 1 wooden houses

2 220 61 2Large concrete drying area 10 m from road, drying rushes

small stream with 4 pipe culvert, 12 m across, reasonable repair 90 62road 4 m wide 3 across bridge, 3 rattan housesRice fields within 5 m Rice fields within 5 mSmall rattan houses in a cluster 2 260 63 Storewooden stilt house 1wooden with tin roof 3 Road junction w. road to right, bus stop

Rice fields within 10 m 60 64Concrete drying area, netball, 5m. Electricity lines within 20 m

Rice fields within 5 m, Farm machinery store with 20 m 200 65

Wooded area, mixed trees and bamboo, swampy

Wooden house 1 130 66 End of wooded area

Wooden houses to river 5 190PASU office, NGO office and visitor accomodation set back 50 m

Total 11 25 6 0 2310 0 8 8 4

LHS RHS

120


ANNEX 4: LIST OF ORGANISATIONS CONSULTED IN PREPARATION OF AGUSAN MARSH SUB-PROJECT

Agusan del Sur Provincial Environment and Natural Resources Office (of DENR)

Agusan del Dur Provincial Environment and Natural Resources Office (of LGU)

Agusan del Sur Provincial Health Office

Agusan del Sur Provincial Planning and Development Office

Asian Development Bank

Barangays

Conservation International Philippines

Department of Environment and Natural Resources - FASPO

Department of Environment and Natural Resources Region XIII

Department of Health

EIPADS Inc

Global Environmental Facility

Municipality Environment and Natural Resources Offices

Municipality Planning and Development Offices

National Commission on Indigenous Peoples Region XIII

Protected Area Management Board

Parks and Wildlife Bureau

121


ANNEX 5: INFORMATION RECEIVED FROM MARSH COMMUNITIES DURING FOCUS GROUP DISCUSSIONS

Protected Area Occupants and Community Resource Mapping

Municipality of Talacogon

Barangay/Lake No. of Households Population Flora Fauna Eco-Tourism Land Use Livelihood /

Industry Others

Sabang Gibong 227 Corn: 140 ha. ; Peanuts: 115 ha.;Rice: 50 ha.

Maharlika 148 833 Corn: 200 ha. ; Peanuts: 15 ha. ; Rice: 150 ha.

Desamparados 271 1455 CBFM: 1100 ha. Gemelina: 300 ha. Forest: 5000 ha.

La Flora 198 1024

Mambog, Kabak, Bungas, Banaba, Sakoh, Lekayan, Namot, Manag-awom, Tiga, Daga-aw, Lanipaw, Anangihan, Narra, Sayapaw, Sangkogi, Katmon, Kandiis, Lambog, LIbas, Tapyok, Kamagong, Bawo-bawo, Kaningag, Mais, Humay, Mani, Kamote, Balanghoy, Gabi, Ubi, Apali, Sitaw, Talong, Patola, Upo, Monggo, Paliya, Alubate

Mansawagong, Tobtob, Ungas, Tikling, Wild Duck, Wild Itik, Maya, Sagoksok, Ponay, Antolihaw, Limokon, Tokmo, Tugak, Sag-sag, Mana-owo

Corn: 200 ha. ; Rice: 50 ha. ; Peanut: 66 ha. ; Carp (Eduardo Canumay): 91 ha. (with Manobo Reservation)

122



Industry Others

Marbon 282 149

IFMA 011 (Provident Tree Farmers Incorporated) 11,500 ha.

Buenas Gracias 319 1509 Wood House Processing Plant

Causwagan 677 3243 Corn, Rice, Camote, Balnghoy, Gord, Squash, Sitaw, Monggo, Herbal, Sako, Kamunggay

Corn, 150 Ha. Rice, 335 Ha. Peanut, 15 Ha.

Pacap Project Livelihood: Women’s Rain Collector, Mudboat and Carabao

Project Brgy. Gymnasium; Pacap Project Tree Planting; Portion is peatland; note: a portion will be included in the SPZ along with San Francisco

Labnig Lawa-an, falcatta, bamboo

Casilayan Softwood Development Corporation

San Agustin

Talacogon Woodwork, MIndahila, Sinapal Sawmill, Zillwood

Sitio Mejorada 144

Pasayan, Lamboo, Carfa, Isada, Gingaw, Kasili, Tilapya, Danata, Tagahan, Janitor, Bangoo, Sayan, Agok-agok, Pantat, Poyo-poyo,

123



Industry Others

Gurami

Himbang Lake Water Lily, , Takay, Bad-as, Dogman

Halo-an, Tilapya, Kakawon/Hipon, Puyo-puyo, Pantat, Karpa, Sihi, Kampo-ay, Gurami, Wild Duck, Tobtob, Antalapon, Manogak

MUZ tourism with a floating visitor center that is going to be rehabilitated

Binoni Lake 48

Rattan, Dangilas, Lanipaw, Bangkal, Lumbia, Calape, Bodlos, Libas, Kande-is, Banaba, Narra, Lambog, Alingatong

Kalaw, Unggoy, Crocs, Ba-o, Milo, Katuyo, Wawa, Kagwang, Wild Duck, Punay, Bawod, Ebid, Tikling, Unggas, Banog, Antowaw

1 Floating House; Nesting area for birds

Guinhalinan Lake Ecotourism area

MUZ Fishing No floating communities

Agusan River

Pasayan, Lamboo, Carfa, Isada, Gingaw, Kasili, Tilapya, Danata, Tagahan, Janitor, Bangoo, Sayan, Agok-agok, Pantat, Poyo-poyo, Gurami

Municipality of La Paz

Kalumbiahan Lanipan, Mangga, Banaba, Bangkal, Mambog, Dagaaw

Wild Pigs, Deer, Snakes, Honey Bees, Gibang - halo, ibid;

Breeding areas of Birds

Lumbia/ Sago Forest: 50 ha.;

124



Industry Others

Birds: Kalaw, Alimokon, Kabog, Kingfishes, heron, manao, sili-silihon

Sagunto Palm Oil Plantation: 20 ha.

Buyod

Drinking/Bathing Area of birds (Punay, Alimokon, Mana-o); Saltwater spring; Methane Spring

Sabang Adgawan

15 floating permanent; 80 floating during flooding season

Only school and barangay hall office not floating

Mambagongon Lake 40 (floating) bangkal

Purple herons (nesting sites), egrees, Pond Herons, Nambog, Lambog, Putat, Bitterns, Mana-o, Tern, Ba-o, Ulang, Haluan, Pantat, Carp, Gurami, Tilapia, Puyo, Kamboay, Habong, Hipon

Fish Sanctuary: 3 ha. Established by PACAP (nets are found in sanctuary)

Fishing Area Floating Literacy Center

125



Industry Others

Municipality of San Francisco

New Visayas P-4,50 families (rebel

returnees)

Caimpugan

Bats Roosting Site; Migratory Birds Sanctuary; Nesting Site; Feeding Area; Peatdome

New Leyte Rice fields

Ebro 417 Expanded areas of AMWS; A and D

NGEI A (Oil Palm company)

Buenasuerte Palm Oil Plantation

Timberland in the area

Lambag, Mambog, Bunyan, Catman, Talisay, Lampas, Pajo, Terminalia Forest (with Python Snakes)

Python Snakes

Tamboon and 13 other Lakes Multi-use Zone Fishing Area

126



Industry Others

Lake Kasawangan II Smallest catfish Sacred ground of IPs

Municipality of Rosario

Lanipaw, Mabog, Mangga-Mangga, Banaba, Rattan, Catmon, Tikog, Lumbia

Migratory Bird, Haluan, Guingaw, Carpa, Pantat, Tilapia, etc

Bugtong Bukid Cave & Guano Limestone; Hotspring/ Falls: Anas Spring and Loay Falls (all outside the declared PA)

Timberland, Rice Fields

Gold Mining/ Gold Processing, Oil Palm, Mineral Salt

CADT 142 CADT 078

Municipality of Bunawan

Bunawan 35757 Eco-Tourism Visitor Center

Land Area: 51,218 ha.

San Marcos 172 928 Land Area: 4,069 ha.

Barangay San Marcos (Lake Mihaba)

18 (floating)

Fish: Halo-an, Carpa, Tilapia, Jayan-Gurami, Puyo, Tian, Hito, Cambuay, Cohol, Pantat, Kasili, Gingaw, Osa-el, Ba-o, Banak, Sibad, Bangasaw, Lamboo, Pasayan, Paetan, Janitor, Ebis, Tikilo; Animals: Buaya, Monkey, Mana-ol,

Floating Cottage

127



Industry Others

Tamsi, Togak, Tob-tob, Cocok, Lapay-lapay, Poway, Limokow, Tikling, Onggas, Sag-sag, Mandagit, Kabog, Gwagnit, Tokmo, Toktok, Taniktik, KOyahaw, King fisher, Gidiang, Kinub, Manogbok, Kinab, Silisilihon, Butitok, Miloh, Okang, Pirok-pirok, Hansasawe, Wild Duck, Kugingking, Wit-wit, Cobra, Sawa, Sambawowot, Hampapaga, Losok, Laposong, Lokaykay, Antalabon, Owak, Kolelesi, Antolihaw

Sitio Tikgon (La Paz) 22 MUZ

Sabang Kawayanan (P5) 15 Junction Agusan and

Simulao Rivers

Kelobidan Lake 18 Floating Cottages

Ticgon Lake MUZ Fishing Area

128



Industry Others

Municipality of Sta. Josefa

San Jose Riceland / Cornland: 800 ha.; Coconut 203 ha.

Alternative Livelihood Centers (ALS)

Brgy. Office, Health Center, Day Care Center, Botika sa Barangay, Senior Citizen, Tribal Center, Deep Well

Tapaz 330 1952 Trees: Lanipao, Sanganan, Talisay, Palomario Sp, Dangilas

Pantat, Wild Pig, Snakes, Gibong

Elementary School; 3 churches; Health Center; Coop Building; 3 solar dryer; Day Care Center; Municipal Grandstand; Multi-purpose Stage; Water System: 1.3 M; 3 Registered Associations : TIWA, TAMARCO, MBR

Aurora 574 2741 Birds: Tukmo, Tabon, Tugak, Punay, Purok, Tikling

Sighting of Purple Heron

Land Area: 6000 ha.; Palm Oil Plantation 200 ha.; Riceland: 70 ha.; Cornland: 200 ha.; Falcata: 50 ha.; Fruit trees: 100 ha.

15 puroks, Brgy. Hall (1), Brgy. Multi-purpose Hall (1), Elem. School (3), High School (1); Health Center (1)

Lake Kadagawan No Settlements

Fish Cage of Department of Agriculture

Lake Kabuhayan 4 9 ha. Fish Cages IPs

129



Industry Others

Municipality of Veruela

Veruela

8 Falls: Kinabalian – Sta. Emelia; Agsao – Sampaguita; Anilao – Sampaguita; Tugpan – Sinobong; Cabunog – Sinubong; Taglutang – Sindong; Danggasan – Sindong; Manlangon – Sta. Emelia; Caves: Brgy. Sisimon (24); Pob. Veruela (1); San Vicente Cave; Lakes: (E1)Lake Malidong; (E2)Lake Jason (there’s Illegal Fishing); (E3)Lake Binahay (Floating Villages); (E4)

Land Area: 42 ha.; Rubber Plantation: 800 ha. (including 400 ha CBRMP); Ricefields: 10,000 ha.

Source of Potable Water: Luksoon Creek – Sinubong (JPIC Creek); Sta. Emelia; Agsao; Sisimon; San Roque, Poblacion Veruela; Matin-aw, Limot; Mamboko, Limot; Sta. Cruz; Fish Cages; Mining: Sand and Gravel Quarry – Tugpan, Sinubong; Mountain Mix Quarry – Tugpan, Sinobong, Sampaguita, Sisimon, STa. Emelia; Project Gold Mining – Sampaguita, Agsao, Sta. Emelia,

20 Barangays; Marshland Barangay: 5; CADT Barangays: 18 Smpaguita, Sinobong, La Fortuna, Del Monte, Katipunan, Sta. Emelia, Candiis, Masayan, Sawagan, Bacay, Caigangan, Binungan, Don Mateo, Sisimon, Anitap, Sta. Cruz, Limot, Veruela Poblacion (not included brgys: San Gabriel and Magsaysay); Flooded Area: (H1) San Gabriel; (H2) Campo II; (H3) Campo 8; (H4) Campo 3; NIA project: Sinobong, Sampaguita, La fortuna and Magsaysay; Watershed Area: Sta. Emelia and Sinobong (supported by NIA-SPISP)

130



Industry Others

Lake Payukon Sinobong

Campo 1 178

Campo 3 72

Campo 8 570 2327

San Gabriel 572 2327

Land Area: 3,743 ha.; Palm Oil Plantation: 20 ha.

Methane Gas, Palm Oil Plantation (20 has.), Ricefield, Lakes

UP study revealed that the river in San Gabriel (Agusan River) is contaminated with .05 mercury coming from diwalwal; Solid Waste (MRF/ Collecting point)

Poblacion 1350 5932 Land Area: 3,810 ha.

Bacay 195 900 Land Area: 2,000 ha Lumbia Forest

Don Mateo 269 1447 Land Area: 2,000 ha. Lumbia Forest

LIST OF BARANGAYS IN VERUELA WITH BOUNDARY CONFLICT WITH COMVAL

1. Sta. Emelia; 2.Candiis; 3 Sisimon; 4 Limot; 5. Anitap; 6 Katipunan; 7. Sta. Cruz 8. Del Monte; 9.Sinobong;

Municipality of Loreto

CADT 090 8 Tribal Sectors

Moto Lanipaw, talisay Fruit bats Rice Lands Fruit bats roosting area

131



Industry Others

Tawilon Lanipaw, talisay Fruit bats Land conversion for rice

Rice, corn, coconut area Fruit bats roosting area

Kobasayon Sacred ground

Jandayugong Rice, corn,

coconut areas

DAR-IFAD road from Jandayugong to marsh 1.3km distance accessible my motorcycle; about 500 m away from the bats roosting area

Lake Panlabuhan (KANDIBUKO

lakes): Floating households Bukogon trees, water

hyacinth, lotus, Floating visitor center fishing

Composed of: Lake Kanimbaylan Lake Dinagat Lake Bukogon – sacred ground Lake Kobasayon (sacred ground)

Umayam River


4. INITIAL ENVIRONMENTAL EXAMINATION OF BUTUAN CITY DRAINAGE PHASE 1 SUBPROJECT

Initial Environmental Examination

BUTUAN CITY DRAINAGE SUBPROJECT Republic of the Philippines: Project Preparatory Technical Assistance ADB TA 7258-PHI The initial environmental examination is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, management, or staff, and may be preliminary in nature.

i


ABBREVIATIONS AND ACRONYMS

ADB Asian Development Bank barangay village BDEC Butuan Drainage Environmental Committee CBD Central Business District CEMP Contractor’s Environmental Management Plan CHDO City Housing & Development Office CNC Certificate of Non-Coverage DENR Department of Environment and Natural Resources DOH Department of Health ECC Environmental Compliance Certificate EIA Environmental impact assessment EMB Environmental Management Bureau EMP Environmental Management Plan ENRO Environment and Natural Resources Office FGD Focus Group Discussion IA Implementing Agency IEE Initial Environmental Examination IRR Implementing Rules and Regulations LGU Local Government Unit mg/l milligrams per liter NGO Non-Government Organization PD Presidential Decree PhP Philippine Peso PMO Project Management Office PMU Project Management Unit PPTA Project Preparation Technical Assistance RA Republic Act SES Socioeconomic Survey TA Technical Assistance

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Table of Contents

Page

Executive Summary ........................................................................................................iv I. Introduction ..............................................................................................................1 II. Policy, Legal, and Administrative Framework ........................................................1 III. Description of the Project ........................................................................................2

A. Proposed Upgrading of the Drainage System ........................................................2 IV. Description of the Environment .............................................................................6

A. Physical Resources ...............................................................................................6 B. Ecological Resources ............................................................................................9 C. Economic Development ........................................................................................9 D. Socio and Cultural Resources .............................................................................10

V. Anticipated Environmental Impacts and Mitigation Measures ..........................11

A. Design/Pre-Construction Phase Considerations ..................................................12 B. Construction Phase Environmental Impacts ........................................................13 C. Operation Phase Environmental Impacts ............................................................15

VI. Information Disclosure, Consultation, and Participation ...................................17 VII. Grievance Redress Mechanism ...........................................................................18 VIII. Environmental Management Plan ........................................................................19

A. Environmental Mitigation .....................................................................................19 B. Environmental Monitoring ....................................................................................21 C. Implementation Arrangement ..............................................................................23

IX. Conclusion and Recommendations ....................................................................24 X. References ..............................................................................................................24

iii


List of Tables

No. Title Page

1 Proposed Butuan City Drainage Works 4 2 Estimated Project Cost 6 3 Significant Water Quality of Butuan Bay 9 4 Summary of Environmental Impacts Screening 12 5 Environmental Impacts and Risks for Inclusion in EMP 17 6 Environmental Management Plan of the Butuan City Drainage Subproject 19 7 Environmental Monitoring Plan of the Subproject 22

List of Figures No. Title Page

1 Map of Butuan City 3 2 Components of the Proposed Butuan City Drainage Subproject 5 3 Map of Butuan City along the Agusan River Delta 7

iv


EXECUTIVE SUMMARY

1. An environmental impact assessment was made for the proposed Butuan City Drainage subproject for the city government of Butuan. It is one of the 3 priority infrastructural development subprojects to be financed by the Asian Development Bank (ADB) under the Agusan River Basin Integrated Water Resources Management Project (ARB-IWRMP). Relative to the significance of impacts and risks, the subproject is deemed Environmental Category B based on ADB’s environmental categorization, and the type of assessment warrants only the preparation of an Initial Environmental Examination (IEE) report. This IEE was carried out under ADB’s TA 7258-PHI and in accordance with ADB’s Safeguards Policy Statement (June, 2009).

2. The assessment was also carried out within the policy, legal, and administrative frameworks relevant to the environmental impact statement system of the Republic of the Philippines. These include the following laws and regulations: (i) Presidential Decree (PD) 1586 - Establishing the Philippine Environmental Impact Statement System, (ii) Republic Act (RA) No.9275 - Philippine Clean Water Act of 2004, (iii) RA 7160 - Local Government Code of 1991, and (iv) PD 856 - Code on Sanitation of the Philippines.

3. The proposed subproject will upgrade the existing drainage system in the central business district (CBD) of Butuan City. It will involve the construction of new drains, replacement of existing under-sized drains, upgrading/declogging of the existing main drainage channels and roadside drains, and construction of flood control gates and pump stations. The subproject aims to reduce the flooding in Butuan City, reduce the disruption to livelihood/economic activities and improve public health and quality of life.

4. Project implementation will not pose significant problems to the environment since the proposed subproject will upgrade the existing drainage system in the CBD. On the contrary, 24 urban barangays and 6 rural barangays that are subject to frequent flooding will benefit from the subproject.

5. Screening for environmental impacts is made through a review of the parameters associated with the subproject during pre-construction, construction and operation phases. An important consideration in analyzing the environmental impacts of the proposed subproject is the fact that it is an upgrading of the existing drainage system in an already altered environment. The issue on impacts and risks to biodiversity conservation is not applicable to this subproject since the subproject’s components will not be located in areas that are environmentally sensitive and have precious ecology.

6. During pre-construction, potential nuisances and problems to the public during construction shall be addressed by inclusion in the tender documents of specific provisions addressing these issues. Although there are no issues related to historical and cultural assets, a precautionary measure shall be taken by inclusion of provisions in tender and construction contract documents requiring the contractor to immediately stop excavation activities and promptly inform the authorities if archaeological and cultural assets are discovered.

7. The city government has addressed the issue on relocation of informal settlers in the subproject area through its on-going resettlement program even before the approval of the subproject by the city. Notwithstanding, an Involuntary Resettlement Framework has been prepared by the Involuntary Resettlement Specialist of the PPTA in accordance with the ADB Safeguard Policy Statement (2009).

8. Adverse environmental impacts during construction are temporary, less than

v


significant, and can easily be mitigated. There will be no massive construction activities that can damage the environment. Construction and laying of drainage lines are low impact activities since trench excavation is shallow with narrow width. Excavated soil is backfilled to the trench after the laying of drainage lines. Required structures are relatively small in size. Typical construction issues are manageable with the implementation of a site management plan for: (i) erosion and sediment runoff, (ii) noise and dust, (iii) vehicular traffic, (iv) construction debris/wastes, (v) oil and fuel spillages, (vi) construction camps, and (v) public safety and convenience.

9. The operation of the subproject is not expected to worsen the water quality of the receiving waterbodies (Agusan Pequeño and Masao rivers) from their present state; but the improvement in conveyance of the combined stormwater and sewage will increase the pollution loading. In the future, the city government should pursue efforts to improve the water quality of the rivers by considering sustainable options such as septage treatment systems and combined sewage-drainage interceptor-treatment system to treat the combined wastewater.

10. An EMP is developed to effectively manage the environmental issues. The plan includes: (i) mitigating measures to be implemented, (ii) required monitoring associated with the mitigating measures, and (iii) implementation arrangement. Institutional set-up discusses the requirements and responsibilities during pre-construction, construction, and operation phases. The plan includes tabulated information on: (i) required measures for each environmental impact that requires mitigation, (ii) locations where the measures apply, (iii) associated cost, and (iv) responsibilities for implementing the measures and monitoring.

11. Project planning and the subsequent IEE preparation for the proposed subproject recognized the need for public consultation and participation as central to effective environmental safeguard. Within the context of “meaningful consultation”, the city government initiated a process of consultation during project preparation and intends to continue it during the construction phase.

12. Implementation of the proposed subproject will be fully compliant to ADB’s safeguards requirement on grievance redress mechanism. The city shall disclose the proposed mechanism in public consultations during detailed design and in meetings during the construction phase. Complaints about environmental performance of the subproject during the construction phase can best be handled by an ad-hoc Butuan Drainage Environmental Committee (BDEC) for expeditious resolutions of any complaint that may arise. The city shall address promptly, at no cost to the complainant and without retribution, any complaint and concern about the subproject. Creation of the BDEC and its operation shall be included in appropriate sections of the subproject’s civil works contract.

13. Conclusions and Recommendations. The proposed Butuan City Drainage subproject will benefit the city government of Butuan by upgrading its existing drainage system that will reduce flooding and improve the general safety and welfare of the residents and commercial establishments in the central business district.

14. Analysis of potential environmental impacts revealed no significant adverse impacts to people and environment from the proposed subproject. The IEE concludes that adverse environmental impacts arising from the location, design, construction, operation, and maintenance of the proposed subproject can be mitigated to less significant levels and the corresponding mitigation measures are doable. Monitoring can easily be done. The project can be implemented in an environmentally acceptable manner. An expanded environmental impact assessment is therefore not warranted, and this IEE shall be finalized as the final environmental assessment document of the subproject. Its environmental classification as Category B is deemed appropriate.

vi


15. DENR and the city government shall ensure that EMP requirements for the construction phase will be reflected in the tender documents and civil works contracts and implemented including the contractors submission of Contractor’s Environmental Management Plan (CEMP). DENR shall monitor city’s compliance to the EMP. In addition, creation of BDEC and its operation, as part of the grievance redress mechanism, shall be included in appropriate sections of the subproject’s civil works contracts. The city government shall continue the process of public consultation and information disclosure during detailed design and construction phases.

1


I. INTRODUCTION

1. Butuan City is prone to regular and severe flooding due to its location and natural physical characteristics. A number of factors affect the drainage system of the city, including heavy storm water runoff from the western highlands, high elevation of groundwater table, backwater effects from Agusan River and tidal effect from Butuan Bay. To address the flooding problem, a drainage master plan for Butuan City was prepared by the city government in November 2003 to address the flooding problem. Subsequent studies/projects to further address flooding included the Lower Agusan Development Project (LADP) implemented under DPWH (PMO- CARBDP). This has not been fully implemented (e.g construction of an earth levee from Mantangue Creek to Agusan Pequeño River). As a result of projects, the flooding was reduced but still persists requiring further development in order to address current drainage issues.

2. The Proposed Subproject. An overall drainage strategy/plan adopting an integrated approach to solving the city’s drainage problems and improving institutional capacity of Butuan City Government to efficiently operate and maintain the drainage infrastructure is required. The goal of the Butuan City Drainage subproject, if implemented, will be the improvement in living conditions of local residents through minimization of the adverse socioeconomic impacts attributed to poor drainage and flooding in the city.

3. Preparation of this Initial Environmental Examination (IEE) is part of the ADB TA 7258-PHI. It provides ADB with an assessment of the environmental concerns to be considered regarding the subproject location, design, construction, and operation. This report is also intended to assist the city government in protecting the environment during the implementation of the subproject, consistent with the requirements of the Department of Environment and Natural Resources (DENR).

4. Preparation of the IEE involved field visits to the proposed subproject area, consultation meetings with the stakeholders, review of available information, and discussions with concerned city officials, and the Environmental Management Bureau-Region XIII. The assistance of the City Planning and Development Coordinator (CPDC) and staff in arranging the site visits, meetings, and providing data and support during the conduct of the study is gratefully acknowledged.

5. The IEE has been carried out in accordance with ADB’s Safeguard Policy Statement (2009) and the requirements describe in its Appendix 1 (Safeguards Requirements 1: Environment). The IEE follows the outline prescribed in the Annex to Appendix 1 excluding the section on analysis of alternatives (not necessary for an IEE).

II. POLICY, LEGAL, AND ADMINISTRATIVE FRAMEWORK

6. The policy, legal, and administrative frameworks relevant to the environmental assessment of drainage and sanitation projects in the Republic of the Philippines have long been established by the following laws and regulations: (i) Republic Act (RA) No. 9275 - Philippine Clean Water Act of 2004, (ii) Presidential Decree (PD) 1586 - Establishing the Philippine Environmental Impact Statement System, (iii) PD 856 - Code on Sanitation of the Philippines, and (iv) RA 7160 - Local Government Code of 1991.

7. Under the Local Government Code of 1991, the local government unit or LGU has the mandate to provide infrastructure facilities intended to service the needs of its constituency including drainage and sewerage, and flood control facilities. The designs, plans, specifications, testing of materials, and the procurement of equipment and materials from

2


both foreign and local sources necessary for the provision of the infrastructure facilities shall be undertaken by the local government unit concerned, based on national policies, standards and guidelines.

8. Implementation of infrastructure and development projects in the Philippines is legally covered by PD 1586 otherwise known as “Establishing the Philippine Environmental Impact Statement System” with its implementing rules and regulations issued under the Department of Environment and Natural Resources (DENR) Administrative Order No. 30 series of 2003 (DAO 03-30). This system requires the project proponent to obtain an Environmental Compliance Certificate (ECC) or a Certificate of Non-Coverage (CNC) from the DENR before an infrastructure project is constructed. The Philippine environmental impact statement system conforms with ADB’s environmental assessment requirements as revealed by ADB’s Special Evaluation Study on Environmental Safeguards (2006).

9. The proposed subproject is a conveyance system for combined drainage and domestic wastewater and hence within the purview by Republic Act No. 9275 otherwise known as “The Philippine Clean Water Act of 2004”. Its implementing rules and regulations are issued under DENR Administrative Order No.10 series of 2005 (DAO 05-10). Standards for the discharge of all industrial and municipal wastewaters are defined in DENR Administrative Order No. 35 series of 1990 otherwise known as “The Revised Effluent Regulations of 1990”. Sanitation and septic tanks are also covered by PD 856 otherwise known as “Code on Sanitation of the Philippines”.

III. DESCRIPTION OF THE PROJECT

A. PROPOSED UPGRADING OF THE DRAINAGE SYSTEM

10. The proposed Butuan City Drainage subproject involves the upgrading of the existing drainage system in the CBD. The major components are as follows:

a. Construction of additional trapezoidal or rectangular drains on identified waterways along Villa Kananga, Agusan Pequeño and Langihan areas;

b. Construction of additional rectangular drains within the CBD and adjoining areas;

c. Replacement of non-functioning drainage lines along the CBD area;

d. Rehabilitation of existing open drainage channels/waterways and along major roads;

and

e. Construction of pumping stations and floodgates along strategic portions of the CBD.

11. Figure 1 shows the map of Butuan City and the municipalities along its boundaries, while Table 1 presents the proposed drainage works.

3


Figure 1: Map of Butuan City

Source: Office of the City Planning and Development Coordinator, Butuan City, 2008.

Map of Butuan City

4


Table 1: Proposed Butuan City Drainage Works

Item Description Unit Quantity 1. Trapezoidal drain channels/waterways

1200mm x 2500mm 1200mm x 5000mm 1400mm x 6000mm

LM LM LM

5,400 3,000 2,800

2. Rectangular drain channels/waterways 1200mm x 5000mm

LM

3,200

3. Rectangular drain roads/streets 1200mm x 1500mm 900mm x 1200mm 600mm x 1000mm

LM LM LM

34,800 38,400 4,570

4. Rehabilitation of existing road open channels (dredging and repair works)

Lot Lot

5. Rehabilitation of existing main drainage channels/ waterways (dredging works)

Lot Lot

6. Pumping stations No 6 7. Flood gates No. 6

Source: PPTA Consultant 12. Installation of tide/flood gates and pumping stations. Butuan Bay tides influence the outflow of the creek systems discharging into the bay and causes backwater effects in the drainage system. This effect is further transmitted from the creeks into the city’s urban drainage systems and has the potential to cause flooding during periods of heavy rainfall due to the restriction of outflows. Besides the tides, flows from the city’s drainage system is also impeded by backwater effects and reverse flows from Agusan River when water levels in the river is higher than levels in the local creeks. At present, there are three (3) existing floodgates located along the levee/floodwall on the east bank of Agusan River. These gates control flow from Agusan River into the city’s drainage system. However, no pumps have been provided to pump out the excess stormwater runoff from the city’s drainage system during heavy rainfalls when the gates are closed.

13. To control movement of flow within the drainage systems, three (3) pumping stations will be constructed at the existing floodgates and three (3) new sluice gates and pump stations will be constructed in the following locations:

a. Along Lower Doongan Suatan-Masao River, near the intersection with Doongan Creek;

b. Along T. Calo-Suatan-Masao River, near the intersection with Doongan Creek; and

c. Along the upper reach of Maon-Villa Kananga-Libertad River.

14. Figure 2 presents graphically the various components of the Butuan City Drainage subproject.

5


Figure 2: Components of the Proposed Butuan City Drainage Subproject


6


15. Estimated project cost. The estimated cost of the Butuan City Drainage subproject is P220.7 million. Table 2 presents the breakdown of the project cost.

Table 2: Estimated Project Cost

Item Description Estimated Cost in Peso

1. Trapezoidal drain – Channels /waterways

1200mmx2500mm 6,177,600

1200mmx5000mm 6,786,000

1400mmx6000mm 11,284,000

2. Rectangular drain - Channels/waterways

1200mmx5000mm 72,800,000

3. Rectangular drain - Roads/streets

200mmx1500mm 36,192,000

900mmx1200mm 31,488,000

600mmx1000mm 14,570,000

4. Rehabilitation Works

Dredging and repair works on open channels along streets

10,000,000

Dredging works on existing channels/waterways 5,000,000

5. Pumping Station 24,000,000

6. Flood Gates/Sluice Gates 2,400,000

Grand Total P220,697,600 Source: PPTA Consultant 16. Implementation Schedule. The proposed subproject will be implemented starting 2012 and is expected to be completed within four years.

IV. DESCRIPTION OF THE ENVIRONMENT

17. A brief description of the existing environmental and socioeconomic conditions of the influence area of the Butuan City Drainage subproject is presented below.

A. PHYSICAL RESOURCES

18. Butuan City is located in the central portion of the province of Agusan del Norte in northern Mindanao. It served as the regional center of the Caraga Administrative Region or Region XIII. It lies at 8o 44’ and 9o 03’ latitude, and 125o 26’ and 125o 43’ longitude. It is bounded on the north by the Butuan Bay, on the east by the Municipality of Sibagat, on the west by Municipality of Buenavista and on the south by Municipality of Las Nieves. Figure 3 shows the map of Butuan City relative to the Agusan River delta.

7


Figure 3: Map of Butuan City along the Agusan River Delta


8


19. Topography. The topography of Butuan City varies from flat to rolling and steep to very steep. The flat areas with a slope range of 0-2% are those situated along the coastal Barangays of Masao, Lumbucan, Pagatpatan, and Pinamanculan. These flat areas can also be observed within the alluvial plains of the city. The steep to very steep areas are located on the eastern, western and southern portion of Butuan with the highest elevations extended to about 700 meters.

20. Geology and Geomorphology. There are eight (8) geological formations in Butuan City. The oldest rock formation belongs to methamorphic rocks. It constitutes the basement complex unit found on a smallhorst structure in between the boundaries of Magallanes and Butuan City. On the other hand, ultra basic rocks made up of peridotite and gabbo rocks manifest in the Mount Mayapay and surrounding vicinities. In the northeastern portion of the City, Bislig volcanic rocks emerge in close contact with extensive Taguibo Limestone. The most extensive geological formation in Butuan City is that of sedimentary rock. This rock formation includes classic materials of sandstone and extensive quaternary alluvium which occur on valley floors, coastal and littoral zones including the mangrove /swampy areas. The four (4) types of sedimentary rocks present in the area are: sandstone, siltstone and shale; nestone formation; clay and conglomerate formation; and alluvium which dominates a large part of the area especially the western and eastern sections of the city. Butuan City also lies above a fault zone. One of the major faults found in the area is an extension of the Philippine Master Fault which trends on a southeasterly direction from the Dingalan Bay in Northern Luzon passing through the Bondoc Peninsula, Camarines to Masbate, through Leyte, Surigao, Agusan and ends in the Davao Gulf. This fault runs parallel of Agusan River north of Butuan following the river’s upstream route southward to Agusan del Sur. Other minor faults trend northeast and northwest and are generally perpendicular to the master fault.

21. Land Classification. Butuan City has a total area of about 81,728 hectares. Of these, 67.13% or 54,862 hectares are alienable and disposable lands with the remaining areas classified as forestlands. A large chunk of the total land area of the city, about 47.35%, is utilized for agricultural purposes. The area categorized for forest purposes total about 26,866 hectares or 32.87% of the city’s land area. On the other hand, the built-up or urban area consists only of about 2,024 hectares or 2.48% of the entire city.

22. Water Resources. There are 17 major waterways draining into Butuan City, the most prominent of which is the Agusan River. The other river channels includes the Ampayon River, Mahay River, Tagabaca River, Agusan Pequeño River, Mantange River, Masao River, Manapa River, Taguibo River, Ambago River, Bitan-agan River, Bilay River, Masago River, Mambatua River, Subait River, and Bugabus River. The rivers and streams currently are being used for irrigation and domestic purposes. The continuous siltation and sedimentation of said channels brought about by the degradation of the watersheds however threaten their viability to provide suitable water for said purposes. Potable drinking water is sourced from pump wells of the local water district for the built-up areas.

23. Climate and Rainfall. A five-year averaging of monthly temperature shows a mean temperature of 23.4oC minimum in the month of February and 32.8oC maximum in the months of May, June and August with an average of 28.1 oC. Heavy rainfall usually occurs during the months of October to February. March to September is considered dry season except for some intervening months when moderate rain occurs. Annual mean rainfall for year 2008 is 175.05 millimeters. The city is not subject to destructive typhoons because it is protected by the Diwata mountain range in the east, which tends to deflect the winds into a more northwesterly direction. Destructive floods, however, although largely contained by the dikes from the city proper are still common to the rest of the area causing damage to the property and crops.

24. Air Quality and Noise. There are no available air quality data specific to the areas

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where subproject components will be constructed. However, based on the consultant’s experience on air quality measurements of similar rural setting in the Philippines, the expected average ground level concentrations of total suspended particulates (TSP) would be close to the indicative value of 65 ug/Ncm. Similarly, there are no actual data on the present noise levels of this area. Again, based on the consultant’s experience on noise measurements of similar rural setting in the Philippines, the expected noise levels along the inhabited areas would be between 42 to 48 dB(A) for the daytime, while those in the farm areas would be less than 40 dB(A). In areas where there is higher vehicular traffic volume noise levels could reach as high as 54 dB(A).

B. ECOLOGICAL RESOURCES

25. Water Quality of Butuan Bay. Butuan Bay is the receiving body of water of Agusan River. Water quality and Oceanographic Assessment of Butuan Bay was conducted by the Mindanao State University - Naawan Foundation for Science & Technology Development, Inc. in September to October 2000 and in April to May 2001 under the Fishery Resource Management Project of the Bureau of Fisheries and Aquatic Resources. The results of the study showed high level concentrations of heavy metals, such as mercury, copper, cadmium and lead, particularly in water, sediments and certain species of fish that were collected from specific areas of Butuan Bay. Table 3 presents the summary of the water quality of Butuan Bay, particularly at vicinity of the mouth of Agusan River.

Table 3: Significant Water Quality of Butuan Bay

Source: Water Quality and Oceanographic Assessment of Butuan Bay, MSU Naawan Foundation for Science & Technology Development, Inc., 2001.

C. ECONOMIC DEVELOPMENT

26. City Income and Expenditure. Butuan City is classified as a Highly Urbanized City on February 7, 1985. In 2008, the city, the city derived an income of P835, 663. 087. The major sources of the city’s revenue are tax revenues, internal revenue allotment (IRA) and business income. For same year, the city government accumulated a total expenditure of P558, 933, 706. Tax revenues and fees were collected on real property, occupation, community tax clearance and certification fees, and permit fees. Revenue from operations came from receipts of municipal business licenses, hospital, bus terminal, market and slaughterhouse fees, and miscellaneous fees. Based on FY 2003 – 2008, the income and expenditure average growth rates are 10.52% and 5.07%, respectively.

27. Commerce and Trade. The Poblacion is the site of central business district (CBD) where entrepreneurs are located, such as: wholesale traders, retailers, banking/finance establishments, credit Institution, insurance, real estate, services, etc. There are 27 urban 31 Water Quality Criteria for Coastal and Marine Waters Class “SC”, DENR Administrative Order No. 34 (1990).

Parameters Offshore (Mean)

Nearshore (Mean)

Estuarine (Mean)

31Water Quality Criteria

pH (units) 7.9 – 8.1 7.9 – 8.1 7.8 – 8.1 6.0 – 8.5 Dissolved oxygen (mg/L) 4.9 5.3 5.0 5.0 Total suspended solids (mg/L) 34.3 29.4 68.2 Not more than

30mg/L increase Mercury (ppb) 2.13 2.42 --- 2.00 Cadmium (mg/L) 0.049 0.044 --- 0.01 Lead (mg/L) 0.075 0.049 --- 0.05

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barangays that are mostly in the CBD. There were a total of 7,411 business establishments In 2008, with a toal gross sales of P8, 756, 308, 664.

28. Agriculture. About 47.35% of the city’s 81,728 hectares is utilized for agricultural purposes. Coconut plantation has the largest agricultural area covering 9,861 hectares, followed by rice (8,856 hectares), banana plantation (6,293 hectares), and corn (3,350 hectares). Total production of agricultural products reached 205,124 metric tons in 2008.

29. Bridges and Road Network. The city has a total 409, 662 kilometers of road network and 1, 483 linear meters of bridges. The roads consist of 223, 402 kilometers of barangay roads, 96, 295 kilometers of city roads and89, 965 kilometers of national roads.

30. Water Supply. Butuan City Water District provides potable water with Taguibo river watershed as its main source. About 82% (equivalent to 50,490) of the 61, 685 households in the city are served by the water district. Sixty-four percent have Level III source, 5.4% have Level II, and 30.7% have Level I water supply systems. Others are provided through bulkwater services. Total water consumption in 2008 was estimated at 6,559,308 m3.

31. Power Supply. The source of electrical power in the Agusan del Norte Electric Cooperative. A total of 141, 056, 088 KWH of electricity was consumed in 2008, with the residential consumers utilizing 41.2%, industrial – 34.6%, and commercial establishments- 11.3%.

32. Transportation System. Orange colored tricycles are common in Butuan City. They go around and even outside the city proper. Jeepneys are used in the main city streets, with corresponding route numbers. Cars for rent are available upon request in most hotels and at the airport. Green colored taxis are also available in the city. Buses ply the routes from Butuan to other cities and provinces of Mindanao. There were 11,702 registered private vehicles, 1,507 for hire, and 515 government vehicles in 2008. It has a Principal Class 1 type of airport facilities that cater for both local and foreign travelers and operating 24 hours daily. During the same year, the airport served a total of 153, 529 incoming and 154, 299 outgoing passengers. The city has two major port facilities, the Butuan Port and the Masao Port that served a total of 560, 734 inbound and 564, 201 outbound passengers in 2008.

33. Communication Facilities/Mass Media. Four TV stations/cable TV, six AM radio stations, and FM stations operate in the city. There are also eight loca newspaper that provide print medium to the public. Sixteen telecommunication companies, including the Bureau of Telecommunication, PLDT, Bayantel, Globe and Sun Cellular, provide telephone services.

D. SOCIO AND CULTURAL RESOURCES

34. Population. In 2008, Butuan City had a population of 302, 255 comprising 61, 685 households. The average number of household members was determined at 4.9 per household. Of the population, 39.4% was below 15 years old, while 57.3% were between 15 and 64 years old, and 3.2% were 65 years old and over. Population growth rate in 2007 was 1.53%, compared to 1.70% in 2000.

35. Public Health and Sanitation. The ten leading causes of morbidity in Butuan City were the same from 2003 to 2009, except for parasitism, dengue fever and anemia, which were prevalent only in 2009. Acute Respiratory Infection (ARI) was the leading cause of morbidity in 2009 with hypertension as the second leading cause of morbidity. Diarrhea, a disease associated with water and sanitation, has been a consistent top three leading cause of morbidity since 2003. Eleven hospitals and clinics provide health care to the city residents. Two of the hospitals are tertiary government hospitals while the nine are privately owned.

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The city has a relatively high coverage of households with sanitary toilet facility, which was reported at 96.4% in 2009. The coverage is comparatively higher than the national figure of 76.8%. There are three to four septic tank desludgers operating in the city but there is no septage treatment facility to treat the septage at this time. The city has 7 hospitals with a total bed capacity of 525, augmented by 86 health centers.

36. Education. Butuan City has 16 tertiary schools offering tertiary level education. One is government-owned, while 15 are privately owned, 42 secondary schools (18 public and 24 private), 132 elementary schools (106 public and 26 private). For school year 2008-2009, there were 1,081 students enrolled in post-graduate schools, 28,670 in the tertiary level, and 4,047 in vocational schools.

37. Individual Income and Expenditure. There were 140,561 labor force in 2007, representing 71.94% of the total population 15 years old and over. Average monthly income was P24,001 and average expenditure was P21,214. A greater number of household heads are “privately employed” (24.4%), 22.1% are engaged in their “own business” and 24.4% are “temporarily employed”. Unemployment cases reveal only a small fraction (3.7%) but it is worth noting there are more unemployed household heads in rural areas than in urban areas.

38. Flooding. The floods from Agusan River frequently inundate Butuan City, particularly the CBD. Floodwaters spill out from the sides of the natural channel and spread widely to both sides of the riverbank flooding vast lands along the river. This occurs because of its mountainous watershed, low physiography and heavy rainfall. Twenty-four (24) of the 27 urban barangays and 6 rural barangays are affected by frequent flooding ranging in height from 50 cm to 100 cm for a period 1-2 days to weeks or months. Not only residences and commercial establishments are flooded but also fishponds located in five (5) rural barangays of the city causing great economic losses.

V. ANTICIPATED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES

39. The assessment is made on the following phases of the subproject: (i) pre-construction, (ii) construction, and (iii) operation and maintenance. Results of the environmental impacts screening are summarized in Table 8.4, while the discussions of each issue are presented in the succeeding sections. In the table, impact types and magnitudes are indicated for both impacts without the mitigating measures and the resulting situations when mitigating measures will be implemented. A summary of the environmental impacts that should be carried to the section for Environmental Management Plan (EMP) is presented at the end of this section as Table 5.

40. Environmental impacts arising from decommissioning of facilities were also reviewed but are no longer further discussed due to the following: (i) decommissioning of facilities is a remote possibility since these will serve growing urban areas and such facilities are critical for sustaining those areas, (ii) residual waste cleanup is not a major concern since the facilities are not industrial manufacturing plants with potential problems for toxic and hazardous wastes, and (iii) solid wastes from decommissioning is also not a major concern since the structures are mostly made of reinforced concrete and the solid wastes are mostly recyclable materials such as broken concrete materials, reinforcing steel bars used in the structures, structural steel, roofing materials, electrical wires, etc.

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Table 4: Summary of Environmental Impacts Screening for the Butuan City Drainage Subproject

Environmental Impacts and Risks Without Mitigation

With Mitigation

Pre-Construction Phase

Encroachment to environmentally sensitive areas NA NA

Impacts and risks to biodiversity conservation NA NA

Encroachment to historical areas and cultural areas

Potential nuisance and problems to the public

Loss of assets NA NA

Relocation of informal settlers

Construction Phase

Modification of construction site topography NA NA

Removal of trees NA NA

Displacement of rare or endangered species NA NA

Soil erosion and sediments of construction sites

Noise from construction equipment

Local air pollution due to construction activities

Oil and other hazardous materials releases

Vehicular traffic congestion and public access

Hazards to public due to construction activities

Pollution and health risk due to workers camp

Improper closure of construction sites

Increase employment opportunities in work sites + +

Operation Phase

Improvement in public health + +

Enhancement of Safety + +

Degradation of aesthetic value

Increase pollution loading

Increase employment opportunities + + Legend: NA = not applicable; = insignificant; = significant; + = positive; - = negative.

A. DESIGN/PRE-CONSTRUCTION PHASE CONSIDERATIONS

41. Encroachments. Most of the activities that will be undertaken for the subproject will be in the area of the existing drainage lines. As described in the environmental baseline, these sites are residential, commercial, and institutional landscapes. There are no known archaeological and cultural assets in these sites. Nevertheless, precautions will be taken to avoid potential damage to any archaeological and cultural assets by inclusion of provisions in tender and construction documents requiring the contractors to immediately stop excavation activities and promptly inform the authorities if archaeological and cultural assets are

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discovered.

42. Impacts and risks to biodiversity conservation. The issue on impacts and risks to biodiversity conservation is not applicable since the subproject’s activities will be in existing pipeline networks. The sites are not in undisturbed landscapes and over the years the ecological changes due to human activities in the area have resulted to the present residential, commercial, and institutional landscapes.

43. Nuisance and Problems to the Public. Potential nuisances and problems to the public during construction can best be avoided if proactively addressed during detailed design and pre-construction phase. Consultation and information dissemination to potentially affected people shall be done during detailed design. Tender documents shall include provisions addressing potential nuisances and problems to the public during construction. These include environmental management provisions on the following issues: (i) erosion and sediment runoff, (ii) noise and dust, (iii) vehicular traffic, (iv) construction debris/wastes, (v) oil and fuel spillages, (vi) construction camps, and (v) public safety and convenience. In addition, prior to site works, the contractor shall coordinate with the appropriate agencies in the procurement of required clearances with regard to electricity, telephone lines and other utilities/structures that may be affected by construction activities. These shall all be reflected in the construction contracts.

44. Loss of Assets. Loss of assets is not an issue since the proposed drainage upgrading activities will include replacement concrete drains in existing drainage system and new drains will be along roads and streets.

45. Resettlement of Informal Settlers. Based on the on-going resettlement program of the city covering all danger areas along the waterways, a total of 167 households along the Langihan Creek in Brgy. Obrero have been qualified for relocation in the resettlement site located in Brgy. Pagatpatan.

Mitigation. The on-going resettlement program implemented by the City Housing & Development Office known as the Balangayan resettlement program should be implemented, including those currently residing along Langihan Creek, which is part of the proposed subproject. Out of the 167 households, CHDO reported that 100 households have already been relocated. The remaining households have been issued notices of eviction dated July 29, 2010. Successful completion of the relocation as scheduled would clear the area for the upgrading of the drainage system of the city. (For detailed discussions on Involuntary Resettlement, please refer to Volume 6 of this report).

B. CONSTRUCTION PHASE ENVIRONMENTAL IMPACTS

46. Site Preparation. This is considered insignificant issue since proposed construction activities will be mostly replacements of existing drainage lines. New drains will be along roads and streets that will not involve significant site preparation.

47. Soil Erosion and Sediment of Construction Sites. Carry over of silt from the construction sites, particularly where excavations are undertaken, may occur from surface runoff after clearing and grading, is expected to be minimal because of the relatively flat topography of the subproject area with a slope range of 0-2%32.

Mitigation. To further reduce the surface runoff, it is recommended that construction activities be undertaken during the low rainfall months (March to September).

32 Butuan City Ecological Statistics Profile, 2008.

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However, in the event that the construction also occurs during the rainy period (October to February), other mitigation measures can be implemented to reduce sediment transport. These measures include the proper sequencing of work, limiting the length of open trenches, and the utilization of special features such as check dams, if necessary.

48. Construction Noise. Potential sources of noise are the construction equipment, such as trucks and other equipment, which can generate noise nuisance. Loud noise sources such as blasting are not expected in the construction activities. The issue occurs during the laying of drainage lines.

Mitigation. Nuisance from equipment noise can be mitigated with the use of sound suppression devices for the equipment. In areas near any house or noise-sensitive sites, noisy equipment shall not be operated during nighttime to early morning (22:00H – 06:00H). Noise levels due to construction activities should not exceed 50 dB(A) near schools, 55 dB(A) in other areas, and 45 dBA during nighttime. Workers using noisy equipment shall be provided with earplugs.

49. Local Air Pollution due to Construction Activities. Dust generation from trenching activities during dry periods will create air pollution problem. Intermittent episodes of air pollution from smoke belching equipment may also occur. This issue is considered significant during dry periods. Another potential source of air pollution are large stockpiles of construction materials such as soil and aggregates. Without any mitigating measures, dust generation could be significant during dry periods.

Mitigation. The contractor shall be required to perform regular water spraying of the sites during dusty periods in order to reduce the generation of dusts. He will also be required to use equipment that are properly maintained and have complied with the emission test standards. Stockpiles that are left idle for a long time will be required covers to prevent dust generation due to wind action. Trucks transporting loose construction materials such as sand, gravel, spoils, and the like shall be provided with tarpaulin covers.

50. Oil and other hazardous materials releases. Heavy equipment and vehicles will be used in the various construction activities for the subproject. Aside from fuel, oil, and grease, the activities may also involve the use of paints and solvents. Although there is potential for accidental releases of these materials, the issue is not considered significant since expected quantities will be relatively small. However, as part of good construction practice, the contractors will be required to implement an awareness program for all workers regarding the prevention and management of spills and proper disposal of used containers. Fuel and oil shall be stored in a designated secured area provided with an impermeable liner to prevent the accidental spills from seeping into the ground.

51. Vehicular Traffic Congestion and Public Access. Construction activities, such as construction of drainage lines, may cause traffic congestion in heavily traveled streets, which may hinder public access. Installation of drainage lines along the roads may cause the temporary closure of half the road and will lead to traffic congestion. This issue is considered significant.

Mitigation. Contractors shall be required to: (i) prepare a traffic plan; (ii) closely coordinate with local authorities for the closure of roads or rerouting of vehicular traffic; (iii) provide traffic enforcers in work areas to maintain and direct the flow of traffic; (iv) consider the schedules of local activities with heavy presence of people such as festivities, processions, parades, etc. in the timing of construction activities; (v) do proper stockpiling and immediate disposal of spoils to avoid nuisance and

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traffic/access obstruction; and (vi) do immediate restoration of roads and other areas affected by the construction activities and vehicles.

52. Hazards to public due to construction activities. Construction activities, such as laying of drain lines, along the streets may result in hazardous driving conditions since vehicles would still be using the streets while construction activities are ongoing. The movement of construction vehicles and excavations would pose some hazards to the driving public. There is also risk of people falling into open trenches since trenches are normally left uncovered until laying of lines is completed.

Mitigation. The contractor shall be required to implement a road safety plan incorporated in his construction schedule. Safety measures shall be implemented including installation of: (i) warning signs to alert people of hazards around the construction sites, (ii) barricades, and (iii) night lamps for open trenches.

53. Pollution and Health Risk due to Workers Camp. The contractor is expected to erect temporary workers’ camps during construction of the subproject. Improperly managed silt runoff and sanitary wastes from these camps may reach nearby areas. Poor sanitation and lack of proper solid waste management at the worker’s camp may lead to conditions conducive to proliferation of vermin and other disease vectors that may infect the workers. Transmission of diseases from the workers camp to other areas is a possibility. These conditions will increase public health risk.

Mitigation. The construction contractor shall be required to: (i) install proper sanitary facilities, such as “Portalets” to prevent the indiscriminate discharge of sanitary wastes at the camps surroundings, (ii) implement proper solid waste management, and (iii) prevent surface runoffs from flowing into the workers camps to avoid carrying away any contaminants. The contractor shall be required to use temporary diversion drains, catch drains, and silt-traps at the camps.

54. Improper Closure of Construction Sites. Construction activities will generate construction solid wastes after completion of work. This may include used wood materials, packaging materials, paint and solvents containers, used oil from equipment, unused aggregates, etc. If not remove from the sites after completion of the construction activities, these solid wastes will cause aesthetic problems and some will be potential sources of contaminants for surface runoffs.

Mitigation. After completion of work activities, the contractor shall be required to remove the construction wastes from the sites and implement the required surface restoration before finally leaving. The entire site must be free of any construction debris, and solid wastes.

55. Increase Employment Opportunities at Work Sites. Various construction activities for proposed subproject will require a considerable number of workers. The impact is beneficial and significant because employment opportunities and livelihood in the area will increase.

56. Enhancement. The contractor shall be encouraged to use the available local labor for clearing of clogged drainage lines and in the construction activities. The recruitment of workers shall be coordinated with the local officials.

C. OPERATION PHASE ENVIRONMENTAL IMPACTS

57. Improvement in Public Health. Upgrading of the drainage system will result in significant reduction in the flooding that has become a perennial problem in Butuan City.

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Habitats of disease vectors such as rodents and insects will be removed, and sanitation will generally improve. As a consequence, occurrence of water-borne diseases, particularly diarrhea, will decrease and the loss of productivity of the affected residents due to loss of working hours will also be reduced.

58. Enhancement of Safety. Upgrading of the drainage system will enhance the safety and welfare of affected homeowners and commercial establishments. The new drain will provide drainage systems and the improvements will generally increase the flow-carrying capacity of the drainage system resulting in the reduction in the frequency of flooding and the extent of the affected areas, thus reducing the flood damages to the communities and the city government.

59. Degradation of Aesthetic Value. The proposed subproject will not have adverse impact to the scenic views or vistas since most of the improvements will be underground. The subproject features that will be visible are the flood/tide control gates and pump stations, tops of the manholes, and the outlet structures into the Agusan Pequeño and Masao rivers.

60. Increase pollution loading. The improvement of the Butuan drainage system will continue to discharge combined storm water and sewage into the Agusan Pequeño and Masao rivers that drain into Butuan Bay. The existing drainage system is also a combined system that utilizes the same outfalls; therefore, discharge of combined wastewater into the rivers is not new, but rather, a continuing impact. It is expected that the operation of the proposed subproject will increase the volumetric discharge of combined wastewater and the concomitant pollution loading at the outfalls into the rivers. However, it is anticipated that the concentrations of the pollutants in the receiving water bodies will not significantly increase because improvement in the conveyance of wastewater will prevent anaerobic condition along the drainage system that brings about deterioration in water quality.

Mitigation. While the operation of the subproject is not expected to worsen the water quality of the receiving water bodies, the city government should pursue efforts to improve the water quality of Agusan Pequeño and Masao rivers pursuant to the pertinent provisions of the Philippine Clean Water Act of 2004 and its Implementing rules and regulations. In the future, the city should consider installing a combined sewage-drainage interceptor-treatment system to treat the combined wastewater. (Please refer to Appendix 8.1: Position Paper of EMB-DENR on Combined Sewage-Drainage Interceptor-Treatment System as Annex.) The City government may also consider other sustainable options such as community-based natural treatment systems, ecological sanitation concepts, water recycling and conservation systems and other low-cost (e.g. septic tanks) and innovative means to manage sewage and septage as complementary systems to other sewerage and sanitation programs of the City.

61. Increase employment opportunities. Regular maintenance of the upgraded drainage system will provide employment opportunities for workers and laborers. Locally available labor will be tapped to provide the required manpower.

62. After screening the potential impacts, Table 5 lists the environmental impacts and risks that require mitigation that shall be carried-on to the Environmental Management Plan Section.

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Table 5: Environmental Impacts and Risks for Inclusion in EMP of the Butuan City Drainage Subproject

Environmental Impacts and Risks Without

Mitigation With

Mitigation Pre-Construction Phase

Involuntary resettlement

Construction Phase






Increase employment opportunity in work sites + +


Operation Phase

Improvement in public health and safety + +

Increase pollution loading Legend: NA = not applicable; = insignificant; = significant; + = positive; - = negative

VI. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION

63. Information disclosure, stakeholders’ consultations, and public participation are parts of the overall planning and design process for the proposed Butuan City Drainage subproject. These are intended to achieve a meaningful stakeholders’ consultation to ensure subproject success.

64. During the inception phase of the PPTA, the starting point for an assessment and prioritization of potential subprojects was the list of priority subprojects identified during the Pre-PPTA Stage Stakeholders Dialogue, Visioning and Project Validation Workshop held in Davao City on 12-14 August 2008, the last previous workshop before the start of the PPTA. The process of assessment and prioritization of the subproject long-list culminated with Workshop 1 Inception held in Grand Menseng Hotel, Davao City on 3-4 March 201. The workshop was attended by representatives from the central government agencies at regional level, the provincial LGUs, city and municipal LGUs, and NGOs, including some indigenous people groups. The Butuan City drainage system came up as a priority subproject to address the frequent flooding in the city.

65. Socioeconomic survey was conducted on each of the major subprojects, including the Butuan City drainage subproject from June to August 2010 to establish the socioeconomic and sectoral profiles of the subprojects areas. SES was conducted using household questionnaire for each of the subproject. In the case of the Butuan City Drainage subproject, 271 households plus 10% of the commercial establishments in the flood prone barangays were covered by the survey. The flood damage survey allows for the evaluation of direct and indirect damage of flooding on residents and business establishments and other institutions. A separate survey was prepared for commercial, business establishments and institutions.

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66. Focus Group Discussion. On August 4, 2010, an FGD was conducted with the concerned city government officials to generate issues, concerns and reactions to the proposed subproject. Some of the issues raised include the resettlement of informal settlers along the major drainage area and the existence of the city resettlement plan that is being implemented by the city.

67. Public Consultation. On October 5, 2010, a consultation with stakeholders was held in Butuan City to assess the acceptability of the proposed subproject to the affected residents, communities and businesses. Among those who attended were the officials of the city led by its mayor, representatives of the affected barangays, the business sector, the religious sector, NGO/PO representatives, NCIP, DPWH, NEDA, DA, BFAR and DENR Region XIII. Among the concerns raised were the resettlement of informal settlers, strict enforcement of environmental laws on solid waste management, and effluent regulations, and the need for establishing vertical control elevation in urban barangays through city ordinance/executive policy. There was a general consensus that the upgrading of the drainage system should be pursued.

68. Post IEE Workshop (Draft Final Report Dissemination Workshop). The summary of impacts and proposed mitigating measures were presented during the DFR dissemination workshop held at Grand Menseng Hotel in Davao City on November 25-26, 2010. The forum was attended by representatives from the LGUs of Agusan del Sur, Compostela Valley, Agusan del Norte and their respective municipal officials, the Butuan City officials, DENR Region XI, XIII, PENROs and CENROs, NCIP from the region and province, the academe and NGOs. The participants generally supported the upgrading of the existing Butuan drainage system. The issue on the impact on water quality of the receiving waterbodies was raised and it surfaced that the DPWH Caraga is preparing the design of a drainage and sewerage project for Butuan City. It was pointed out by the consultant that a sewerage system is the ideal solution to water pollution that may arise but the cost of such a system is high. If DPWH has funding for a sewerage system, then ADB might not fund it.

69. Future Disclosure and Consultations. With the aim of increasing public awareness and participation, the PPTA consultant will conduct a post IEE consultation with the stakeholders to present the proposed environmental management plan. Subsequent public consultations will also be held preparatory to the preparation of the detailed engineering design of the drainage subproject. Views of the stakeholders will be considered in the overall design process. Stakeholders’ consultations shall be continued throughout the duration of the construction phase. The city government shall keep records of environmental and social complaints, received during consultations, field visits, informal discussions, and/or formal letters, together with the subsequent follow-up and resolutions of issues.

VII. GRIEVANCE REDRESS MECHANISM

70. Local grievance redress mechanism is important in the implementation of the proposed Butuan City Drainage subproject since any complaint and/or concern of the affected people must be address promptly at no cost to the complainant and without retribution. This mechanism shall be disclosed in public consultations during detailed design and in meetings during the construction phase. Complaints about environmental performance of projects during the construction phase can best be handled by an ad-hoc Butuan Drainage Environmental Committee (BDEC) for expeditious resolutions of complaints. Complaints during the operation phase can be brought to the attention of EMB- Reg. XIII.

71. Butuan Drainage Environmental Committee. The Office of the City Mayor shall form the BDEC to be chaired by a representative from the Office of the Mayor. Members shall include the following: (i) contractor’s highest official at the site such as Construction

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Manager or Construction Superintendent, (ii) barangay officials, (iii) concerned NGOs, and (iv) women’s organizations. Creation of the BDEC and its operation shall be included in appropriate sections of the civil works contract. Expeditious resolution of complaints during construction is important since activities are sometimes continuous and can easily change the landscapes within a week. For the quick filing of complaints, the BDEC shall prepare a form to be used for the filing of grievances/complaints. The use of the form will also facilitate the filing of complaints by illiterate persons.

72. The steps to be followed in filing complaints and the procedures for redress are the following: (i) complainant shall provide the background and file the complaint verbally or in writing to BDEC. The BDEC secretary shall assist the complainant in filling-up the complaint form; (ii) within 2 working days, the chairperson, contractor’s representative, and complainant shall discuss if the complaint can be resolved without calling for a BDEC meeting; (iii) if the complaint cannot be resolved by the chairperson and the contractor’s representative, a BDEC meeting shall be called with the complainant to resolve the complaint within 5 working days; (iv) if the complaint cannot be resolved, the complainant shall raise the issue to the barangay officials where barangay rules and regulations are followed for the amicable settlement of disputes at the barangay level without judicial recourse; and (v) if the complaint cannot be resolve at the barangay level, the complainant shall seek recourse with the courts.

VIII. ENVIRONMENTAL MANAGEMENT PLAN

73. This section addresses the need for mitigation and management measures for the subproject. Information includes: (i) mitigating measures to be implemented, (ii) required monitoring associated with the mitigating measures, and (iii) implementation arrangement. Institutional set-up is presented in the implementation arrangement and discusses the roles during implementation and the required monitoring. It also outlines the requirements and responsibilities during pre-construction, construction, and operation phases.

A. ENVIRONMENTAL MITIGATION

74. Table 6 presents the information on: (i) required measures for each environmental impact that requires mitigation, (ii) locations where the measures apply, (iii) associated cost, and (iv) responsibility for implementing the measures. Details of mitigating measures are already discussed in Section V where the need for mitigation of each impact was determined in the screening process.

Table 6: Environmental Mitigation Plan of the Butuan City Drainage Subproject

Project Activity

Potential Environmental

Impact

Proposed Mitigation Measure or Enhancement Measure

Location Mitigation Cost Responsibility Implementation/

Supervision Pre-Construction Phase Excavation requirements

Potential damage to archaeological and cultural assets

Tender documents shall include a provision that will require construction activities to be stopped immediately upon discovery of any archaeological and cultural relics and authorities will be informed promptly.

Civil works excavations

Part of detailed design cost

Design Consultants / PMU-City Engineer’s Office (PMU)

Resettlement of affected households

Social unrest that may lead to open opposition against the implementation of the subproject

Implementation of city’s Balangayan resettlement program covering the Langihan Creek area.

Area around Langihan Creek

Covered by the resettlement program of the city

City Housing and Development Office

Social and Potential Consultation with the affected Proposed Part of detailed PMU, Design

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Project Activity


Impact

Proposed Mitigation Measure or Enhancement Measure

Location Mitigation Cost Responsibility Implementation/

Supervision community concerns

nuisance and problems to the public

communities regarding the expected impacts and proposed mitigation measures of the project. Tender documents shall include provisions addressing the potential nuisances and problems to the public during construction phase.

site of new drainage lines

design cost Consultants

Construction Phase Construction of drainage lines and other civil works

Nuisance from noise of construction equipment

Consultation with affected areas; not to operate noisy equipment during nighttime (22:00H – 06:00H); sound suppression for equipment; ear plugs for workers.

Drainage line routes

Incorporated in construction contract

Contractor / PMU, Supervision Consultants

Construction of drainage lines and other civil works

Air pollution due to construction activities

Water spraying for dust control; construction materials with potential for significant dust generation shall be covered; tarpaulin cover for trucks transporting loose construction materials; vehicles compliant to emission standards.





Vehicular traffic congestion and hindrance to access

Close coordination with local authorities in road closure and traffic rerouting; contractor’s traffic plan; proper stockpiling of materials and immediate disposal of spoils; immediate restoration of roads and affected areas.





Pollution and health risks due to workers camp

Proper camp sanitation; installation of sanitary facilities; solid waste management; surface runoffs control such as temporary diversion drains, catch drains, and silt-traps

Workers camp




Hazard to public due to construction activities

Implement road safety plan and safety measures including warning signs to alert people of hazards around the construction sites, barricades, and night lamps for open trenches.




Rehabilitation and closure of construction sites


Removal of all construction debris/ wastes and implement surface restoration.




Drainage construction and other civil works

Increase employment opportunities

Contractor required to give preference to local labor; workers recruitment to be coordinated with local officials.

Construction sites

No cost Contractor / PMU, Supervision Consultants

Operation Phase Operation of the drainage system

Reduction in flood damages, general health and safety of the residents and business establishments.

Proper operation and regular maintenance of the system.


Incorporated in the city’s budget for maintenance of infrastructure

City Engineer’s Office

Operation and maintenance of the drainage system

Increase pollution loading in the receiving bodies of water

Septic tanks system for individual households. In the future, septage treatment and combined sewage-drainage interceptor-treatment systems should be considered.

Subproject service areas

Approximately PhP20,000 per household for septic tank. Preliminary estimate of the combined sewage-drainage treatment system is placed at PhP23,000-25,000 per m3.

City Engineer’s Office

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75. Although details of the required mitigating measures are already discussed in the screening for impacts, the following items are discussed further to highlight their importance: (i) tender documents and construction contracts, (ii) contractor’s environmental management plan, (iii) construction site management plan, (iv) unanticipated environmental impacts.

76. Tender Documents and Construction Contracts. Environmentally responsible procurement advocates the inclusion in construction contract documents the provisions addressing the management of environmental impacts and risk during construction. This includes the contractor’s submittal of a Contractor’s Environmental Management Plan (CEMP). Tender documents and construction contracts shall therefore include environmental management provisions on the following issues: (i) erosion and sediment runoff, (ii) noise and dust, (iii) vehicular traffic, (iv) construction wastes, (v) oil and fuel spillages, (vi) construction camps, and (vii) public safety and convenience.

77. Contractor’s EMP. During construction, each contractor will be guided by its detailed CEMP. This shall be based on the subproject’s EMP with details on staff, resources, implementation schedules, and monitoring procedures. The agreed CEMP will be the basis for monitoring by PMU-City Engineer’s Office, and other monitoring parties. Inclusion in construction contract documents of the provisions requiring the contractor to submit a CEMP is important since the contractor will be legally required to allocate a budget for mitigation measures implementation. The CEMP will allow city’s construction supervision engineer to focus on what are specific items expected from the contractor regarding environmental safeguards on a day-to-day basis. With the CEMP, the PMU-City Engineer’s can easily verify the associated environmental requirements each time the contractor will request approval for work schedules.

78. The CEMP shall be prepared by all contractors before the start of the construction works and shall be approved by City Engineer’s PMU. This requirement shall be included in the construction contracts. It shall provide details on specific items related to the environmental aspects during construction. It shall include specifications on requirements for dust control, erosion and sediment control, avoidance of casual standing water, management of solid wastes, workers’ camp sanitation, pollution from oil, grease, fuel spills, and other materials due to the operation of construction machineries, safety and traffic management, avoidance of inconveniences to the public, air and noise pollution control. It shall also include guidance on the proper design of the construction zone, careful management of stockpiles, vegetation, topsoil, and vehicles and machinery.

79. Unanticipated Environmental Impacts. Where unanticipated environmental impacts become apparent during project implementation, the PMU-City Engineer’s Office shall prepare a supplementary environmental assessment and EMP to assess the potential impacts and outline mitigation measures and resources to address those impacts.

B. ENVIRONMENTAL MONITORING

80. Table 7 presents the information on: (i) aspects or parameter to be monitored, (ii) location where monitoring is applicable, (iii) means of monitoring, (iv) frequency of monitoring, (v) responsibility of compliance monitoring, and (vi) cost of monitoring. The PMU shall prepare quarterly environmental monitoring reports to be submitted to EMB-Region XIII detailing the status of the implementation of the EMP.

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Table 7: Environmental Monitoring Plan of the Subproject

Aspects / Parameters to be monitored

Location Means of Monitoring

Frequency Implementa-tion Respon-

sibility

Compliance Monitoring

Responsibility

Monitoring Cost

Pre-Construction Phase Specific provision in tender documents on archeological/ cultural relics

Drainage line trenches, civil works excavations

Verify draft and final documents

Twice – draft and final documents

Design consultants

PMU – City Engineer’s Office (PMU)

Part of project management in detailed design (minimal cost)

Consultation meetings; Specific provisions in tender documents on nuisance & problems to public


Verify meetings documentation; Verify draft and final documents

After completion of meetings; Twice – draft and final documents

City Engineer’s Office, Design consultants

PMU Part of project management in detailed design (minimal cost)

Construction Phase Noise levels not to exceed 50 dBA near school, 55 dBA in other areas, and 45 dBA during nighttime


Use of sound level meter

Daily Contractor Construction supervision consultants, PMU-City Engineer’s Office

Part of consultant’s construction supervision contract; minimal cost to PMU

Dust, cover of stockpiles, smoke belching


Visual inspection of sites

Daily Contractor Construction supervision consultants, PMU


Road closure and traffic rerouting; materials stockpiles; road restoration


Traffic plans verification

Weekly Contractor Construction supervision consultants, PMU


Sanitary toilets, garbage bins, runoff controls

Workers camps Visual inspection of camps

Once before start of construction and once monthly

Contractor Construction supervision consultants, PMU


Road safety plan; sign, barricades and night lamps



Daily Contractor Construction supervision consultants, PMU


Construction debris/wastes



Once before final stage of demobiliza-tion

Contractor Construction supervision consultants, PMU


Number of local labor employed

Construction sites

Verification of contractor’s records

Once a month Contractor PMU No cost

Operation Phase pH, BOD, TSS, Total coliforms, Oil & Grease, DO

Drainage outfalls, upstream and downstream stations

Water sampling and laboratory test

Quarterly City ENRO EMB-Reg. XIII Part of City ENRO’s operation cost (PhP120,000 /year)

Septic tank of water consumers

Subproject service area


Once a year LGU-DOH City ENRO Minimal cost

Source: PPTA Consultant, 2010.

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81. Project Performance Monitoring. Project performance monitoring provides indications of the desired outcomes as measurable events by providing parameters or aspects that can be monitored and verified. Tendering process advocating environmentally responsible procurement is a desired outcome during the pre-construction phase. This can easily be verified by checking if EMP requirements are incorporated in construction contracts. Construction phase desired outcomes include effective management of environmental impacts and reduce risk to public. For the operation phase, the upgrading of the drainage system shall increase the flow-carrying capacity of the drainage system resulting in the reduction in the frequency of flooding and the extent of the affected areas, thus reducing the flood damages.

C. IMPLEMENTATION ARRANGEMENT

82. This subsection presents the: (i) institutional set-up, (ii) implementation schedule, (iii) required clearances, and (iv) capability building.

83. Institutional Setup. DENR is the executing agency, while Butuan City government is the implementing agency. DENR has overall responsibility for project coordination, implementation, and liaison with ADB and other government offices. DENR will establish a Project Management Office (PMO) to coordinate implementation, including procurement of goods, works, and services. A PMO staff shall be designated as the Environment Officer for the project. At the subproject level, the city government will be responsible during construction and operation phase of the subproject. During the construction phase, the city shall establish a Project Management Unit (PMU) to work closely with DENR’s PMO. A team of consultants will assist DENR’s PMO and the city during pre-construction and construction phases.

84. Environmental Monitoring Reports. During the construction period, the construction supervision consultants, together with the PMU, shall prepare monthly environmental monitoring reports to be submitted to EMB-Reg. XIII. The contractor shall submit to the PMU a monthly environmental monitoring report. Based on the monthly reports, the PMO shall prepare semi-annual environmental monitoring reports, which shall be submitted by DENR to ADB.

85. The role of the BDEC during the construction phase is highlighted since it is an important aspect of the grievance redress mechanism in promptly addressing the any complaint about environmental performance of the subproject during execution of the construction activities.

86. Implementation Schedule. As presented in the project description, the subproject is scheduled to start in 2012 and to be completed in 2015. The city government shall ensure that construction contract provisions related to the EMP shall be included in the tendering process.

87. DENR Clearance. Under the Revised Procedural Manual for DENR Administrative Order No. 30 series of 2003, the proposed subproject is a preventive or proactive measure against natural hazards that warrants a Certificate of Non-Coverage (CNC). Under Memorandum Circular No. 2010-14 of the DENR, the city government may apply online for a CNC under the DENR’s Automated Processing System.

88. Capability Building. Implementation of the subproject will be supported by consulting services to be sourced in two contract packages: (i) project management advisory services, including detailed engineering designs, preparation of contract documents, support to the City Engineer’s Office with construction supervision and quality control; and (ii)

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institutional development and capacity building for the project PMU, and the city government.

IX. CONCLUSION AND RECOMMENDATIONS

89. Overall, the proposed Butuan City Drainage subproject will benefit the city government of Butuan by upgrading its existing drainage system that will reduce flood damages and improve the general safety and welfare of the residents and commercial establishments in the CBD.

90. Based on the screening for potential environmental impacts and risks of the proposed subproject, there are no significant negative environmental impacts and risks that cannot be mitigated. With the EMP, the proposed subproject can be implemented in an environmentally acceptable manner. There is no need for further environmental assessment study. A full EIA is not warranted and the subproject’s environmental classification as Category B is deemed appropriate. The IEE shall therefore be finalized as the final environmental assessment document of the proposed subproject.

91. Implementation of the proposed Butuan City Drainage subproject is hereby recommended with emphasis on the following: (i) EMP of subproject shall be included in the design process; (ii) Contracts of design consultants shall have provisions requiring the consultants to consider EMP recommendations in the design process; (iii) Tendering process shall advocate environmentally responsible procurement by ensuring the inclusion of EMP provisions in the bidding and construction contract documents; (iv) Contractor’s submittal of a CEMP shall be included in the construction contract; (v) Contract provisions on creation and operation of the BDEC shall be included in construction contracts; (vi) DENR, with its regulatory function, shall ensure that the EMP is implemented; and (vi) the city government shall continue the process of public consultation and information disclosure during detailed design and construction phases.

X. REFERENCES

1. Asian Development Bank (ADB). 2009. Safeguards Policy Statement.

2. Bureau of Fisheries and Aquatic Resources. 2001. Water Quality and Oceanographic Assessment of Butuan Bay, MSU Naawan Foundation for Science & Technology Development, Inc.

3. Butuan City Ecological Statistics Profile. 2008. Butuan City.

4. Department of Environment and Natural Resources (DENR). 2010. Memorandum Circular No. 2010 – 14: Standardization of Requirements and Enhancement of Public Participation in the Streamlined Implementation of the Philippine EIS System.

5. DENR Administrative Order Nos. 34 and 35, series of 1990.

6. Environmental Management Bureau. 2008. Position Paper of EMB-DENR on Combined Sewage-Drainage Interceptor-Treatment System.

7. The Philippine Congress. 2004. Republic Act No. 9275, Otherwise Known as the Clean Water Act of 2004.


5. INITIAL ENVIRONMENTAL EXAMINATION OF THE NABUNTURAN WATER SUPPLY SYSTEM

Initial Environmental Examination

Nabunturan Water District Expansion of Water Supply Subproject Republic of the Philippines: Water District Development Sector Project ADB TA 7258-PHI The initial environmental examination is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

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ABBREVIATIONS AND ACRONYMS

ADB Asian Development Bank barangay village CEMP Contractor’s Environmental Management Plan DENR Department of Environment and Natural Resources DOH Department of Health ECC Environmental Compliance Certificate EIA Environmental impact assessment EMB Environmental Management Bureau EMP Environmental Management plan IA Implementing Agency IEE Initial Environmental Examination IRR Implementing rules and regulations LGU Local Government Unit lps liters per second LWUA Local Water Utilities Administration mg/l milligrams per liter NGO Non-government Organization NWD Nabunturan Water District NWRB National Water Resources Board PD Presidential Decree PENRO Provincial Environment and Natural Resources Office PHP Philippine peso PIU Project Implementation Init PMU Project Management Unit PNSDW Philippine National Standards for Drinking Water PO People Organization PPTA Project Preparation Technical Assistance RA Republic Act TA Technical Assistance WD Water District WDECC Water District Environmental Complaints Committee WHO World Health Organization

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Table of Contents

Page

Executive Summary ....................................................................................................... iv I. Introduction ............................................................................................................. 1 II. Policy, Legal, and Administrative Framework ....................................................... 2 III. Description of the Project ....................................................................................... 4

A. Proposed Water Supply System ........................................................................... 4 IV. Description of the Environment ............................................................................ 6

A. Physical Resources .............................................................................................. 6 B. Ecological Resources ........................................................................................... 7 C. Economic Development........................................................................................ 8 D. Socio and Cultural Resources .............................................................................. 9

V. Anticipated Environmental Impacts and Mitigation Measures ......................... 10

A. Design/Pre-Construction Phase Considerations ................................................. 12 B. Construction Phase Environmental Impacts ....................................................... 13 C. Operation Phase Environmental Impacts ........................................................... 15

VI. Information Disclosure, Consultation, and Participation .................................. 16 VII. Grievance Redress Mechanism .......................................................................... 18 VIII. Environmental Management Plan ....................................................................... 18

A. Environmental Mitigation .................................................................................... 18 B. Environmental Monitoring ................................................................................... 21 C. Implementation Arrangement ............................................................................. 24

IX. Conclusion and Recommendations.................................................................... 24 X. References .............................................................................................................. 25

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List of Tables No. Title Page

1 Existing Service Area of Nabunturan Water District 2

2 Proposed Service Coverage of NWD (Year 2020) 4 3 Projections of Service Connections and Served Population 5 4 Water Quality of NWD Pump Station No. 3 7 5 Summary of Environmental Impacts Screening 11 6 Environmental Impacts and Risks for Inclusion in EMP 16 7 Environmental Mitigation Plan of the Water Supply Subproject 19 8 Environmental Monitoring Plan of Subproject 22 9 Project Performance Monitoring of Subproject 23

List of Figures No. Title Page

1 The Province of Compostela Valley Showing Location of Nabunturan 1 2 Existing and Proposed Service Areas of NWD 5

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EXECUTIVE SUMMARY

1. An environmental impact assessment was made for the proposed Expansion of Water Supply subproject of the Nabunturan Water District (NWD). It is one of the three (3) priority infrastructural development subprojects to be financed by the Asian Development Bank (ADB) under the Agusan River Basin Integrated Water Resources Management Project (ARB-IWRMP). Relative to the significance of impacts and risks, the subproject is deemed Environmental Category B based on ADB’s environmental categorization, and the type of assessment warrants only the preparation of an Initial Environmental Examination (IEE) report. This IEE was carried out under ADB’s TA 7258-PHI and in accordance with ADB’s Safeguards Policy Statement (June, 2009). 2. The assessment was also carried out within the policy, legal, and administrative frameworks relevant to the environmental assessment of water supply and sanitation projects in the Republic of the Philippines. These include the following laws and regulations: (i) Presidential Decree (PD) 198 - Provincial Water Utilities Act of 1973, (ii) PD 1586 - Establishing the Philippine Environmental Impact Statement System, (iii) Republic Act No.9275 - Philippine Clean Water Act of 2004, and (iv) PD 856 - Code on Sanitation of the Philippines. The overall institutional framework is the Local Water Utilities Administration (LWUA) and the Water District (WD) setup as defined by PD 198. 3. The proposed subproject will help improve the living conditions of the population in four (4) barangays and unserved areas in the municipalities of Nabunturan and Montevista, Province of Compostela Valley. The subproject will involve drilling and construction of five (5) wells with a total combined capacity of 50 liters per second, pumping stations, hypochlorination facilities, three (3) ground reservoirs, laying of pipelines, and installation of service connections. One (1) unit 60 kVA standby power generator set will also be provided. 4. Implementation of the subproject will not pose significant problems to the environment because there are no significant negative environmental impacts and risks that cannot be mitigated. Most of these subproject areas are already occupied by residential and other structures, while some areas beyond the road corridors are basically agricultural lands. An important fact to consider is that the sites are not within undisturbed landscapes, but in areas touched by human activities over the years resulting to their present residential, institutional, commercial, and agricultural landscapes. 5. During detailed design and pre-construction phase, potential nuisances and problems to the public during construction shall be addressed by inclusion in the tender documents of specific provisions addressing these issues. Although there are no issues related to historical and cultural assets, a precautionary measure shall be taken by inclusion of provisions in tender and construction contract documents requiring the contractor to immediately stop excavation activities and promptly inform the authorities if archaeological and cultural assets are discovered. 6. Adverse environmental impacts during construction are temporary, less than significant, and can easily be mitigated. There will be no massive construction activities that can damage the environment. Drilling wells, construction of pump houses, and pipelaying are low impact construction activities since trench excavation is shallow with narrow width. Excavated soil is backfilled to the trench after

v


pipelaying. Required structures are relatively small in size (about 50 m2 for each well). Typical construction issues are manageable with the implementation of a site management plan for: (i) erosion and sediment runoff, (ii) noise and dust, (iii) vehicular traffic, (iv) construction wastes, (v) oil and fuel spillages, (vi) construction camps, and (v) public safety and convenience. 7. Environmental problems due to operation of the proposed water supply system can be avoided by incorporating the necessary measures in the design and use of appropriate operational procedures. Public health risk due to delivery of poor water quality can be prevented in a broader scale by implementing a water safety plan as advocated by the World Health Organization (WHO) and the 2007 Philippine National Standards for Drinking Water (PNSDW). NWD shall continue using chlorine for controlling microbial contamination and ensure adequate residual disinfection. 8. An Environmental Management Plan (EMP) is developed to effectively manage the environmental issues. The plan includes: (i) mitigating measures to be implemented, (ii) required monitoring associated with the mitigating measures, and (iii) implementation arrangement. Institutional set-up discusses the requirements and responsibilities during pre-construction, construction, and operation phases. The plan includes tabulated information on: (i) required measures for each environmental impact that requires mitigation, (ii) locations where the measures apply, (iii) associated cost, and (iv) responsibilities for implementing the measures and monitoring. 9. Project planning for the proposed subproject recognized the need for public consultation and participation as central to effective environmental safeguard. Within the context of “meaningful consultation”, NWD initiated a process of consultation with the stakeholders during project preparation and intends to continue it during the construction phase. 10. Implementation of the proposed subproject will be fully compliant to ADB’s safeguards requirement on grievance redress mechanism. NWD shall disclose the proposed mechanism in public consultations during detailed design and in meetings during the construction phase. Complaints about environmental performance of projects during the construction phase can best be handled by an ad-hoc WD Environmental Complaints Committee (WDECC) for expeditious resolutions of the complaints. NWD shall address promptly, at no costs to the complainant and without retribution, any complaints and concerns. WDECC shall be chaired by NWD and shall have members from the contractor, barangay government, concerned NGOs, and women’s organizations. Creation of the WDECC and its operation shall be included in appropriate sections of the subproject’s civil works contract. 11. Conclusions and Recommendations. The proposed subproject will bring about huge benefits to the residents of Nabunturan and Montevista by expanding the supply of potable water to unserved areas of the municipalities. By 2020, NWD will be able to serve 12 barangays in the two towns. 12. Analysis of potential environmental impacts revealed no significant adverse impacts to people and environment from the proposed water supply subproject. The IEE concludes that adverse environmental impacts arising from the location, design, construction, operation, and maintenance of the proposed subproject can be mitigated to less significant levels and the corresponding mitigation measures are doable. Monitoring can easily be done. The project can be implemented in an environmentally acceptable manner. An expanded environmental impact assessment is therefore not warranted, and this IEE shall be finalized as the final environmental

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assessment document of the subproject. Its environmental classification as Category B is deemed appropriate. 13. DENR and NWD shall ensure that EMP requirements for the construction phase will be reflected in the tender documents and civil works contracts and implemented including the contractors submission of Contractor’s Environmental Management Plan (CEMP). DENR shall monitor NWD’s compliance to the EMP. In addition, creation of WDECC and its operation, as part of the grievance redress mechanism, shall be included in appropriate sections of the subproject’s civil works contracts. Institutional strengthening of NWD, including training, is recommended for effective EMP implementation. NWD shall continue the process of public consultation and information disclosure during detailed design and construction phases.

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I. INTRODUCTION

1. The Nabunturan Water District (NWD) is the water supply utility operating the Nabunturan Water Supply System located in the province of Compostela Valley, Republic of the Philippines. Figure 1 shows the location of the municipality of Nabunturan. At present NWD serves the municipality of Nabunturan and part of the municipality of Montevista, an adjacent town. Table 1 presents the areas and population served by NWD.

Figure 1: The Province of Compostela Valley Showing the Location of Nabunturan and

Montevista

Source: Comprehensive Land Use Plan of Nabunturan, 2006 - 2015.

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Table 1: Existing Service Area of Nabunturan Water District

Municipality Service Area (Barangays) Served Population

Nabunturan Main system: Poblacion, Pangutosan, Basak, Libasan, Sta. Maria

New Sibonga Tagnocon

13, 065

Montevista San Jose (Poblacion) 532 Total 8 barangays 13, 597

Source: Nabunturan Water District, 2010 2. The expansion of the Nabunturan Water Supply System is one of the subprojects prioritized under ADB TA 7258-PHI: Agusan River Basin Integrated Water Resources Management Project (ARB-IWRMP) funded by the Asian Development Bank (ADB). The primary objective of the TA is to strengthen the institutional basis for coordinated development and management of the basin’s resources, based on the principles on Integrated Resources Management (IWRM), and advancing the management capacities of the relevant institutions, building on the output of the Agusan River Basin Master Plan. The TA is intended to develop prioritized component subprojects, along with the necessary supporting reports and implementing mechanisms, into a level suitable for consideration by ADB for financing.

3. Preparation of the Initial Environmental Examination (IEE) is part of the activities of the TA. It provides ADB with an assessment of the environmental concerns to be considered regarding the subproject location, design, construction, operation and maintenance. This report is also intended to assist NWD in the preparation of the required environmental document to meet the DENR requirements for securing an Environmental Compliance Certificate (ECC) before the start of the construction.

4. Preparation of the IEE involved field visits to the proposed subproject area; review of available information, discussions with NWD, DENR, officials of the local government of Nabunturan and other government agencies, and members of the community within the subproject area. The assistance of the NWD General Manager and staff in arranging the site visits, meetings, and providing support during the conduct of the study is gratefully acknowledged.

5. The IEE has been carried out in accordance with ADB’s Safeguard Policy (2009) and the requirements describe in its Appendix 1 (SAFEGUARDS REQUIREMENTS 1: ENVIRONMENT). The IEE follows the outline prescribed in the Annex to Appendix 1 excluding the section on analysis of alternatives (not necessary for an IEE).

II. POLICY, LEGAL, AND ADMINISTRATIVE FRAMEWORK 6. The policy, legal, and administrative frameworks relevant to the environmental assessment of water supply and sanitation projects in the Republic of the Philippines have long been established by the following laws and regulations: (i) Presidential Decree (PD) 198 – Provincial Water Utilities Act of 1973, (ii) PD 1586 – Establishing the Philippine Environmental Impact Statement System, (iii) Republic Act No.9275 – Philippine Clean Water Act of 2004, and (iv) PD 856 – Code on Sanitation of the Philippines. The frameworks apply to the NWD subproject.

3


7. The overall institutional framework is the Local Water Utilities Administration (LWUA) and Water District (WD) setup as defined by PD 198 otherwise known as the “Provincial Water Utilities Act of 1973”. LWUA, as a government corporation, is mandated to promote the development of water districts in the country. It has a clear mandate to “primarily be a specialized lending institution for the promotion, development, and financing of local water utilities.” To carry out this mandate LWUA has major subsidiary roles such as: (i) prescribing minimum standards and regulations in order to assure acceptable standards of construction materials and supplies, maintenance, operation, personnel training, accounting, and fiscal practices for local water utilities; (ii) providing technical assistance and personnel training programs.

8. PD 198 also mandated the formation of local water districts, which were initially formed by resolutions of the local government units (LGUs) (generally, municipalities) as a single entity or as a combination of LGUs. Once formed, however, a WD becomes legally autonomous of the LGU and has the standing and legal character of an independent government-owned and controlled corporation. It is controlled by a board of directors, appointed by either the mayor or the governor, consisting of five members representing various sectors, who in turn appoint the WD’s general manager. Hence, NWD was formed by virtue of PD 198.

9. Under the Water District Development Sector Project (WDDSP), LWUA is the executing agency, while the WDs, such as the NWD, are the implementing agencies. LWUA has overall responsibility for project coordination, implementation, and liaison with ADB and other government offices. WDDSP can contribute to Philippine efforts in achieving relevant targets in the Millennium Development Goals (MDGs), eight international development goals that 192 United Nations member states have agreed to achieve by the year 2015. Most relevant to WDDSP is Goal 7 (Ensure environmental sustainability) with its “Target 7C” for 2015 calling to reduce by half the proportion of people without sustainable access to safe drinking water and basic sanitation. Achieving the MDG 2015 target on accessibility to safe drinking water necessitates an assurance that indeed the water is safe. WDs must have raw water sources with sustainable quantities and acceptable quality. They should be able to maintain acceptable water quality levels in the distribution systems to ensure delivery of potable water. The 7C Philippine target is 86.8% of Filipinos will have access to safe water by 2015 and 83.8% will have access to a sanitary toilet facility.

10. Implementation of infrastructure and development projects in the Philippines is legally covered by PD 1586 otherwise known as “Establishing the Philippine Environmental Impact Statement System” with its implementing rules and regulations issued under Department of Environment and Natural Resources (DENR) Administrative Order No. 30 series of 2003 (DAO 03-30). This system requires the project proponent to obtain an Environmental Compliance Certificate (ECC) or Certificate of Non-Coverage (CNC), as the case may be, from the DENR before an infrastructure project can be constructed. The Philippine environmental assessment system conforms with ADB’s environmental assessment requirements as revealed by ADB’s Special Evaluation Study on Environmental Safeguards (2006).

11. Sewerage and septage management are covered by Republic Act No.9275 otherwise known as “The Philippine Clean Water Act of 2004”. Its implementing rules and regulations are issued under DENR Administrative Order No.10 series of 2005 (DAO 05-10). Standards for the discharge of all industrial and municipal wastewaters are defined in DENR Administrative Order No. 35 series of 1990 otherwise known as “The Revised Effluent Regulations of 1990”. Sanitation and septic tanks are also covered by PD 856 otherwise known as “Code on Sanitation of the Philippines”.

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III. DESCRIPTION OF THE PROJECT

A. PROPOSED WATER SUPPLY SYSTEM

12. The Expansion of the Nabunturan Water Supply subproject involves the following works:

For Nabunturan a. Drilling and construction of four (4) wells with a total combined capacity of 40 liters

per second; b. Provision of four (4) pumping stations including equipment, pump house and

accessories, including hypochlorination facilities; c. Laying of about 14 km of 50 to 250 mm diameter transmission and distribution

pipelines, valves and fittings, including bridge and culvert crossings; d. Construction of 600 m3 ground reservoir for the Main System, and 20 m3 for New

Sibonga; e. Provision of one (1) unit 60 kVA standby power generating set; f. Installation of service connections; g. Provision of hydrants (under LGU); and h. Provision of access road going to reservoir.

For Montevista

a. Drilling and construction of one (1) well with a capacity of 10-12 liters/sec; b. Provision of one (1) pumping station including equipment, pump house and

accessories; c. Laying of about 11 km of 50 to 200 mm diameter transmission and distribution

pipelines, valves and fittings, including bridge and culvert crossings; d. Construction of 180 m3 ground reservoir for the Main System; e. Installation of service connections; and f. Provision of fire hydrants (under the LGU).

13. The proposed subproject aims at meeting the water demand of Nabunturan and Montevista for the year 2020 that will result in the service coverage as shown in Tables 2 and 3. Figure 2 shows the existing and the proposed service areas of NWD.

Table 2: Proposed Service Coverage of NWD (Year 2020)

Municipality Existing Service Area Proposed Expansion Area

Nabunturan Main system: Poblacion, Basak. Pangutosan, Libasan, Sta. Maria

New Sibonga Tagnocon

Cabidianan + unserved portion of existing service area barangays

Montevista San Jose (Poblacion) New Visayas, Linoan, Bankerohan Sur

Total 8 4 Total No. of barangays to be served 12 Source: Nabunturan Water District, 2010.

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Table 3: Projections of Service Connections and Served Population

No. of Connections & Served Population

Nabunturan Montevista 2009 2020 2009 2020

Domestic Connection 1,975 3,774 87 1,059 Non-domestic Connection 243 298 2 18 Total Connection 2,218 4,072 89 1,077 Total Population Served 13,065 24,141 532 6,453

Figure 2: Existing and Proposed Service Areas of NWD

0. Source: NWD, 2010.

14. Water Supply Project Cost. It was estimated that the total cost of the expansion is P77.937 million, with the P53.338 million for Nabunturan and P24.599 million for Montevista.

15. Implementation Schedule. The NWD subproject is scheduled to start in 2012 and to be completed in 2014.

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IV. DESCRIPTION OF THE ENVIRONMENT

16. A brief description of the existing environmental and socioeconomic conditions of the NWD subproject influence area is presented in the subsections below.

A. PHYSICAL RESOURCES

17. Nabunturan is the capital town of Compostela Valley, a newly created Province pursuant to Republic Act No. 8470. The municipality of Nabunturan is located along the northeastern part of the province of Davao, falling within 125o 27’ east longitude and 7o 41’ north latitude. It is about 88 kilometers from Davao City and 33 kilometers from Tagum City. It is connected to the different municipalities in the valley by an intricate network of well-maintained roads. It is bounded in the north by the municipality of Montevista, on the west by New Corella, on southwest by Mawab, on the south by Maco and Mabini, on the southeast by Maragusan, on the east by New Bataan and by Compostela on the northeast. It has a total land area of approximately 24,120 hectares comprising twenty-eight (28) barangays and 40 sitios all interlinked by roads and bridges.

18. Topography. The topography of the municipality of Nabunturan is characterized by flat (covering barangays Pangutosan, Basak, Magading, New Dauis, Cabacungan, Ogao, Antiquera, Manat and a portion of Mainit, Anislagan, Cabidianan, Sta. Maria, Libasan, San Vicente, Poblacion and Magsaysay), rolling (covering barangays Sasa, Linda, Bayabas and a portion of Matilo and Sto. Niño), and hilly/mountainous type (covering a portion of barangays Katipunan, Tagnocon, Mainit, Magsaysay, Anislagan and Cabidianan). It is traversed by Manat River, inundating seven (7) barangays during rainy days. Barangays affected are Manat, Ogao, Cabacungan, Basak, New Dauis, Antiquera and Magading.

19. Geology and Soils. There are four (4) basic soil types/classifications present in the municipality, to wit: (1) San Miguel Silty Clay Loam is good for diversified upland field crops. The dominant feature of this type of classification is level to nearly level, well drained, medium texture, and deep to very deep soil; (2) Cabangan Clay Loam is good for agricultural purpose like rice-paddy and may be used for upland crops with simple drainage system; (3) Camansa Clay Loam is good for forestry purposes due to its topography; and, (4) Mountain Soil Undifferentiated is good for forest land. It does not have such agricultural significance.

20. Water Resources. Nabunturan has a total of 19 identified creeks that mostly converge into Manat River. Of the 19 creeks, only five (5) were tapped for irrigation with concrete structures as in Small Water Impounding Projects (SWIP). The municipality has hot springs discovered for its therapeutic and entertainment value in the Mainit Hot Springs Protected Landscape (MHSPL) covering an area of 1,381 hectares.

21. Climate. Nabunturan belongs to the Type II of climate, which is characterized by no distinct dry season and with very pronounced maximum rainfall from the month of November to January. The lowest temperature of the municipality does not drop below 170C while the highest temperature does not go over 36o C and the mean annual maximum is 33o C. The coolest months are between December and January and the hottest months are between April and May.

22. Air Quality and Noise. There are no available air quality data specific to the areas where subproject components will be constructed. However, based on the consultant’s experience on air quality measurements of similar rural setting in the Philippines, the expected average ground level concentrations of total suspended particulates (TSP) would be close to the indicative value of 65 ug/Ncm. Similarly, there are no actual data on the present noise levels of this area. Again, based on the consultant’s experience on noise

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measurements of similar rural setting in the Philippines, the expected noise levels along the inhabited areas would be between 42 to 48 dB(A) for the daytime, while those in the farm areas would be less than 40 dB(A). In areas where there is higher vehicular traffic volume noise levels could reach as high as 54 dB(A).

B. ECOLOGICAL RESOURCES

23. NWD obtains its water supply from groundwater sources through wells and spring. It has four (4) existing water systems, namely: the main system that serves five (5) barangays in Nabunturan; the New Sibonga Water System; the Tagnocon Water System; and the Montevista system that serves Barangay San Jose. However, only the Main and Montevista systems are planned for expansion and improvement. Please refer to Table 2 and Figure 2. Except for Tagnocon Water System that derives its water from a spring, the water supply demand of the rest of the systems is obtained from wells. Total production from the four (4) production wells in the main system is 18.16 liters/sec. (1,569 m3/d). All the production wells pump continuously and do not operate only during either maintenance or repair works are being undertaken. There are two (2) wells in the Montevista System. However, only one is being utilized by the water district that has a production of only 0.3 liter/sec, serving 50 households. The other well, located at the Municipal Plaza with a production of 0.13 liter/sec is being utilized by the local government unit for their own domestic needs.

24. A water quality test (Table 4) of NWD’s Pump No. 3 indicated its suitability as water supply source, except for the high color, which may be due to high concentration of manganese. The 2007 PNSDW is the applicable standard for drinking water. NWD will find locations for its wells where the manganese concentration is within the PNSDW, otherwise a more expensive option of treating manganese may be considered.

25. An important fact to consider is that the general area of the proposed sites for the subproject is within built-up areas. Needless to say that this environment will be unlikely habitats for large wild animals, rare or endangered species. The pipeline network and transmission are located in roads and highways that have been functional for a very long time already. Hence, over the years the ecological changes due to human activities resulted to the present residential and commercial landscapes.

Table 4: Water Quality of NWD Pump Station No. 3 Parameters Test Results

(mg/l) 2007 PNSDW Limit

(mg/l) Turbidity, NTU 5.6 NTU 5 NTU Color (true) 20 units 5 units pH 6.99 6.5 – 8.5 Total Dissolved Solids, mg/L 437 500 Sulfate, mg/L 2.6 250 Nitrate, mg/L <0.001 50 Chloride, mg/L 4.5 250 Benzene, mg/L ND 0.01 Iron, mg/L 1.0 1.0 Manganese, mg/L 0.68 0.4 Arsenic, mg/L <0.001 0.05 Cadmium, mg/L <0.002 0.003 Lead, mg/L <0.01 0.01

Source: PPTA 7258 data of Pump Station No. 3 tested in June 2010.

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C. ECONOMIC DEVELOPMENT

26. Municipal Income and Expenditures. The municipality of Nabunturan is a first class municipality with annual income of P89,559,442 as of 2007. The major sources of the city’s revenue are tax revenues, internal revenue allotment (IRA) and operational and miscellaneous receipts. IRA serves as the main source of revenue, followed by income from the government business operations at 9.2%, and with real property tax at the lowest 2%. In 2004, the municipal government accumulated a total expenditure of P62,809,403, with the general administration ranked as the highest expenditure equivalent to 58%, followed by economic development (21%). The worth of public service per capita in the municipality was P118 in 2004.

27. Land Use. The largest use of land is agricultural with 16,513 hectares (68.5%) devoted to farming; next is forest with 4,592 hectares (19.0%). Grassland covers 1,550 hectares (6.4%) while built-up area covers 934 hectares (3.870%), which includes 27 barangays; infrastructure and utilities covers 489 hectares (2.0%); quarrying covers 16 hectares (0.07%; industrial area covers about 12 hectares (0.05%); Tourism covers 6 hectares (0.025%); mining, dumpsite and agro-industrial areas cover 5 (0.21%), 2.3 (0.01%) and 1.3 (0.006%) hectares, respectively. Barangays Poblacion and Mainit have the largest built-up area while Sasa has the smallest built-up area.

28. Commerce and Trade. The Poblacion is the site of Central Business District (CBD) where entrepreneurs are located, such as: wholesale traders, retailers, banking/finance establishments, credit Institution, insurance, real estate, services, etc. The 18,954 sq. m. public market site is considered as the CBD, housing about 345 units of commercial stalls and some industrial establishments of the locality. There are 42 identified establishments with an aggregate area of 6,730 sq. m., located in a commercial strip classified as neighborhood commercial center along the main thoroughfare of the municipality. Aside from the Poblacion, the barangays of Manat, Mainit and Tagnocon have their wet and dry markets but only serve their own respective areas or consuming public, who also frequent that of the Poblacion’s.

29. Agriculture. Nabunturan is known by its agriculture due to its arable land and its generally good climate. The land use trend reveals that 68.46% (16,512.962) of 24,120 hectares total land area is devoted to agricultural purposes while 31.44% (7,607.038 has.) is declared as timberlands, parks and recreation, roads and bridges, rivers and creeks. As to area and production by major crops, the coconut area is 7,419.50 hectares with a total average production of 22,250.50 metric tons per annum with a total value of P400,653,000; followed by banana with an area of 2,101.37 hectares with a total average production of 63,041.10 metric tons per annum valuing P189,123,300; rice with an area of 2,071 hectares with average production of 18,996.73 metric tons per annum with a value of P170,970,570; corn occupies an area of 1,170 hectares with average production of 8,190 metric tons per annum making a value of P73,710,000; while lanzones has an area of 856 hectares, average production of 17,120 metric tons per annum costing P136,960,000.

30. Tourism. There are tourism resources and activities that make Nabunturan a tourists’ destination, which include the three (3) inland resorts, located at the Mainit Hot Springs Protected Landscape (MHSPL) or Mainit National Park; Golden Valley Swimming Pool at Magsaysay and the Rebucas Swimming Pool at Recto of Magsaysay. Other attraction is the natural caves in San Vicente. There are about 42,000 of them per annum at the average according to the primary survey conducted, and the average gross annual receipts totaled to PhP2,459,200.

31. Existing Water Supply System. The municipality has been served by the NWD since 1980. The water utility abstracts water from wells located at Poblacion, Brgys. Pangutosan,

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New Sibonga, and Tagnocon for Level III consumers. The Poblacion pumps supply 1,365,120 CLPD to serve the households in the Poblacion, Pangutosan, Sta. Maria and Libasan, and Basak while the two other sources serve their own consumers in their respective barangays (880 households in Sibonga (40%) and 370 (19.4%) in Tagnocon. In the entire municipality there are 248 shallow wells serving 2,983 households, 150 deepwells for 1,672 and 158 improved springs for 6,790 households.

32. Transportation and Communication. Nabunturan has started to cater to the need of better utilities communication in terms of long distance and overseas call. It has now through the DOTC/Telof-Telecommunication Office, Philippine Long Distance Office (PLDT), PHILCOM the GLOBE and SMART cell sites, serving the entire locality. Among these facilities, the Telof has the most number of lines with a capacity of 1,200 landlines expandable. There are seven (7) available carriers in the municipality that are engage on telegraph, telex and telegraphic services. Nabunturan has one Postal Office located within the municipal hall. For fast and effective services to distant barangays, they use motorcycle for their daily deliveries.

33. Power Supply. The source of electrical power in Nabunturan is the Davao del Norte Electric Cooperative (DANECO), which is being supplied by the TRANSCO (NAPOCOR) that traverses six (6) barangays spanning about 25 kms. of transmission lines. In 2005, 9,321 households or 83 % of the rural areas and 100% of the urban area are being served by DANECO. Fifty-six per cent (56 %) of households use electricity for lighting, 40% use kerosene and 3.186% use other types of fuel.

D. SOCIO AND CULTURAL RESOURCES

34. Demography. Based on Census year 2000, the municipality of Nabunturan has a total population of 60,543 representing 10.43% of the total population of Compostela Valley Province, which is 580,244. It has 12,930 households with an average size of 4.68 persons per household. The municipal intercensal growth rate in census year 2000 is 1.46% slightly high in census year 1995 (1.16%); but much lower compared to 1990 (3.65%) and in 1970 (2.40%). Based on CY 2000 Annual Growth Rate, it is projected that the municipality’s population by year 2005 would be 65,261 and 75,453 by year 2015.

35. Public Health and Sanitation. There are six (6) medical health facilities/services in the Nabunturan, prominent of all is the Rural Health Unit. These facilities have a total of 1 Municipal Health Officer and 7 other private medical doctors; 10 dentists; 1 nurse; 21 RHMs; 2 RSIs; 4 medical technologists; 181 barangay health workers; 30 trained hilots; 1 ambulance; 1 rescue jeep and 11 Barangay Health Stations. The 10 leading causes of mortality. These are: malignant neoplasm; hypertensive diseases; cerebrovascular diseases; pneumonia; pulmonary tuberculosis; diseases of the liver; transport accidents; assault; diabetes mellitus; and ischemic heart diseases. Sanitation problems have caused the health decadence in some parts of the community aggravated by ignorance or no attention to environmental sanitation program; the weak enforcement of municipal/ barangay ordinances on health and sanitation; the bad culture, myths and misconceptions; side effects of industrialization and its illegal activities.

36. Education. There are 29 public elementary schools and 4 primary schools that are located in the Nabunturan East and West. Nabunturan West has 10 elementary schools while Nabunturan East has 19 elementary schools and 4 primary schools. Barangay Poblacion has 2 private elementary schools. The municipality has 5 public and 1 private secondary schools. Four of these secondary schools are located in the barangays. The public secondary school in the Poblacion is the biggest in terms of enrollment as it has 3,884 students for SY 2004-2005. The latest secondary school that was opened is Kao High

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School, which offers first, second and third year levels for SY 2005-2006 with a total enrolment of 160 students. There is one private college in the municipality that offers four-year courses and some vocational/technical courses.

37. Socioeconomic Survey. Using stratified random sampling, 267 respondents were interviewed for a 95% level of confidence. Based on this survey, 84.6% are house owners, 5.6% rent, 4.9% occupy their houses for free, and 3.3% act as caretakers of the houses they occupy. About 85% of the house owners have piped water supply. Of the respondents, 4.1% earn between P40,000 and 49,000 monthly while another 4.1% earn P50,000 and above. It was also learned that 23.2% of the respondents earn P10,000 to P15,000, followed by 22.1% who earn less than P5,000. Respondents who earn between P20,000 and P29,999 make up 9.4% while those who earn between P15,000 and P19,999 make up 9%.

38. Half of the total respondent population (50.2%) spend less than P3,000 for household expenses per month, followed by some respondents who spend between P5,000-P9,000 (16.1%), some who spend P3,000-P4,999 (13.8%) and a few who spend between P10,000-P14,999 (8.6%). Respondents who spend between P15,000-P19,000 a month for household expenses make up 4.1%. Three percent of the respondents spend between P20,000-P29,999, 2.6% spend more than P50,000 a month and 2.2% spend between P30,000-P49,999. Most of the respondents with piped connection (34.5%) spend less than P3,000 for household expenses per month, followed by some respondents who spend between P5,000-P9,000 (25.9%), some who spend P3,000-P4,999 (17.2%) and a few who spend between P10,000-P14,999 (10.3%).

39. Most of the respondents (21.7%) rely on piped connection as their primary source of water, followed by 19.1% who use deepwells. Respondents who get their water from shallow wells make up 16.5%, followed by some (12.7%) who use spring/river/pond/stream, a few (10.5%) who get their water from the rain and 5.2% who buy their water from water vendors. Three respondents has piped connection but doesn’t own it, another three respondents use pump while two respondents rely on the Nabunturan Water District while one respondent uses electric water pump and yet another relies on reservoir owned by the barangay.

40. Majority of the respondents (72.4%) do not have household members who have suffered from water borne diseases for the last 12 months. Respondents who have had household members who were sick from water born diseases for the last 12 months make up 27.6%. The diseases suffered by some household members included diarrhea, amoebiasis and other skin diseases. Children mostly suffered diarrhea (81.25%) with three adults suffering as well. Of the three cases of amoebiasis, two children were involved with only one adult sick. Only children (five of them) suffered from skin diseases with no adult afflicted.

V. ANTICIPATED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES

41. The assessment is made on the following phases of the subproject: (i) pre-construction, (ii) construction, and (iii) operation and maintenance. Results of the environmental impacts screening are summarized in Table 5, while the discussions of each issue are presented in the succeeding sections. In the table, impact types and magnitudes are indicated for both impacts without the mitigating measures and the resulting situations when mitigating measures will be implemented. A summary of the environmental impacts that should be carried to the section for Environmental Management Plan (EMP) is presented at the end of this section as Table 6.

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Table 5: Summary of Environmental Impacts Screening for the Water Supply Subproject


With Mitigation


Encroachment to environmentally sensitive areas NA NA

Impacts and risks to biodiversity conservation NA NA

Encroachment to historical areas and cultural areas

Potential competing use of water resource NA


Potential poor groundwater quality

Loss of assets NA NA

Construction Phase

Modification of construction site topography NA NA

Cutting of trees NA NA

Displacement of rare or endangered species NA NA

Soil erosion and sediments of construction sites

Nuisance/ public inconvenience in pipelaying



Oil and other hazardous materials releases




Increase employment opportunity in work sites + +


Operation and Maintenance Phase

Health hazard due to delivery of poor water quality

Pollution from increased generation of sewage and sullage

Increase employment opportunities +

Improvement of public health + + Legend: NA = not applicable; = insignificant; = significant; + = positive; - = negative

42. Environmental impacts arising from decommissioning of facilities were also reviewed but are no longer further discussed due to the following: (i) decommissioning of facilities is a remote possibility since these will serve growing urban areas and such facilities are critical for sustaining those areas, (ii) residual waste cleanup is not a major concern since the facilities are not industrial manufacturing plants with potential problems for toxic and hazardous wastes, and (iii) solid wastes from decommissioning is also not a major concern because the structures are mostly made of reinforced concrete and the solid wastes are mostly recyclable materials such as broken concrete materials, steel bars used in the structures, structural steel, roofing materials, electrical wires, etc.

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A. DESIGN/PRE-CONSTRUCTION PHASE CONSIDERATIONS

43. Encroachments. As described in the environmental baseline, the subproject sites are residential, commercial, institutional, and agricultural landscapes. The sites for deepwell, pump house and hypochlorination facilities requiring about 50-m2 each, as well as the reservoir will be purchased from owners of the property. Additional mains will be laid along the existing roads and streets and there will be no problem on right of way because the provincial and municipal LGUs will assist the NWD in the negotiations with private landowners. There are also no known archaeological and cultural assets in these sites. Nevertheless, precautions will be taken to avoid potential damage to any archaeological and cultural assets by inclusion of provisions in tender and construction documents requiring the contractors to immediately stop excavation activities and promptly inform the authorities if archaeological and cultural assets are discovered.

44. Impacts and Risks to Biodiversity Conservation. The issue on impacts and risks to biodiversity conservation is not applicable since the subproject’s activities will be along existing roads and streets. The sites are not in undisturbed landscapes and over the years the ecological changes due to human activities in the area have resulted to the present residential, commercial, institutional, and agricultural landscapes.

45. Competing Use of Water Resource. On resource use, NWD through its contractor will secure the required Permit to Drill and Water Permit from the National Water Resources Board (NWRB) for the five deepwells that will be installed. The permits will ensure that the locations and withdrawal rates of the deepwells will not affect or compete with any existing wells within their areas of influence.

46. Nuisance and Problems to the Public. Potential nuisances and problems to the public during construction can best be avoided if proactively addressed during detailed design and pre-construction phase. Consultation and information dissemination to potentially affected people shall be done during detailed design. Tender documents shall include provisions addressing potential nuisances and problems to the public during construction. These include environmental management provisions on the following issues: (i) erosion and sediment runoff, (ii) noise and dust, (iii) vehicular traffic, (iv) construction wastes, (v) oil and fuel spillages, (vi) construction camps, and (v) public safety and convenience. In addition, prior to site works, the contractor shall coordinate with the appropriate agencies in the procurement of required clearances with regard to electricity, telephone lines and other utilities/structures that may be affected by construction activities. These shall all be reflected in the construction contracts.

47. Poor Groundwater Quality. It has been reported that manganese concentration in groundwater in some areas in Nabunturan is higher than the level prescribed by the 2007 PNSDW. This condition can stain sanitary ware and laundry and will often form a coating on pipes, which may slough off as a black precipitate. To avoid the costly treatment of water, selection of the site for the deepwells shall include into consideration the quality of the ground water. Preliminary water quality testing shall be considered prior to purchase of a site for deepwells or before the actual drilling of the wells to ensure that the water is suitable for domestic supply with chlorination as the only treatment required.

48. Loss of Assets. Loss of assets is not an issue since the proposed deepwells, pump houses, and hypochlorination facilities will be located in vacant lots purchased from their owners. Pipelaying activities will be along existing roads and streets.

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B. CONSTRUCTION PHASE ENVIRONMENTAL IMPACTS

49. Site Preparation. This is not an issue since the proposed the construction site for each well and pump house/hypochlorination is limited to 50m2 only, while pipelaying will be along existing roads and streets. There will be no wide areas that will require considerable earthwork activities.

50. Soil Erosion and Sediment of Construction Sites. This is not an issue because sites of the wells and pump houses are limited to 50m2 only. There will be no wide areas that will be exposed to significant soil erosion situation.

51. Nuisance/ Public Inconvenience in Pipelaying. Public inconvenience may arise in pipelaying works due to prolonged period of water supply service interruptions. Dumping of construction materials and solid wastes in watercourses will also cause nuisance to the public aside from affecting water quality and the flow regime.

Mitigation. The construction contractor shall be required: (i) to do installation of pipes within the shortest time possible to minimize water supply cut-off periods and/or use of night time schedules, as well as announcement of water supply interruptions two to three days prior to actual cut-off; and (ii) not to dump earth, stones, and solid wastes in watercourses to avoid adverse impact on water quality and flow regime.

52. Construction Noise. Potential sources of noise are the construction equipment, such as trucks, drilling machine and other equipment, which can generate noise of 80 dB(A) from a distance of 30 meters. Loud noise sources such as blasting will not be done in construction sites. The issue is mostly applicable in pipelaying activities near residential areas and schools.

Mitigation. Nuisance from equipment noise can be mitigated with the use of sound suppression devices for the equipment. In areas near any house or noise-sensitive sites, noisy equipment shall not be operated during nighttime to early morning (22:00H – 06:00H). Noise levels due to construction activities should not exceed 50 dB(A) near schools, 55 dB(A) in other areas, and 45 dBA during nighttime. Workers using noisy equipment shall be provided with earplugs.

53. Local Air Pollution Due to Construction Activities. Dust generation from trenching activities during dry periods will be an air pollution problem. Intermittent episodes of air pollution from smoke belching vehicles/equipment may also occur. This issue is considered significant during dry periods. Another potential source of air pollution are large stockpiles of construction materials such as soil and aggregates. Without any mitigating measures, dust generation could be significant during dry periods.

Mitigation. The contractor shall be required to perform regular water spraying of the sites during dusty periods in order to reduce the generation of dusts. He will also be required to use trucks/vehicles that have complied with the emission testing and equipment that are properly maintained and are not smoke belchers. Covers for stockpiles that will be left idle for a long time shall be required. Covers will prevent dust generation due to wind action. Trucks transporting loose construction materials such as sand, gravel, spoils, and the like shall be provided with tarpaulin cover.

54. Oil and other Hazardous Materials Releases. Heavy equipment and vehicles will be used in the various construction activities for the subproject. Aside from fuel, oil, and grease, the activities may also involve the use of paints and solvents. Although there is potential for accidental releases of these materials, the issue is not considered significant since expected quantities will be relatively small. However, as part of good construction

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practice, the contractors will be required to implement an awareness program for all workers regarding the prevention and management of spills and proper disposal of used containers. Fuel and oil shall be stored in a designated secured area provided with an impermeable liner to prevent the accidental spills from seeping into the ground.

55. Vehicular Traffic Congestion and Public Access. Construction activities, such as pipelaying, may cause traffic congestion in heavily traveled highways and narrow streets. It may hinder public access. Pipelaying activities in the streets is expected to cause traffic congestion since there are lots of vehicles using the streets and existing pipeline alignment might be within the road widths. Installation of secondary pipes crossing the roads to the other side may cause the temporary closure of half the road and will lead to traffic congestion. This issue is therefore considered significant.

Mitigation. Contractors shall be required to: (i) prepare a traffic plan; (ii) closely coordinate with local authorities for the closure of roads or rerouting of vehicular traffic; (iii) provide traffic enforcers in critical areas, such as areas near schools, public markets, etc.; (iv) consider the schedules of local activities with heavy presence of people such as festivities, processions, parades, etc. in the timing of construction activities; (v) do proper stockpiling and immediate disposal of spoils to avoid nuisance and traffic/access obstruction; and (vi) do immediate restoration of roads and other areas affected by pipe laying, construction activities and vehicles..

56. Hazards to Public Due to Construction Activities. Construction activities, such as pipelaying, along the roads may result to hazardous driving conditions since vehicles would still be using the road while construction activities are ongoing. The movement of construction vehicles and excavations would pose some hazards to the driving public. There is also risk of people falling down in open trenches since pipelaying trenches are normally left uncovered until pipeline testing is completed.

Mitigation. The contractor shall be required to implement a road safety plan incorporated in his construction schedule. Safety measures shall be implemented including: (i) warning signs to alert people of hazards around the construction sites, (ii) barricades, and (iii) night lamps for open trenches.

57. Pollution and Health Risk due to Workers Camp. The contractor is expected to erect temporary workers’ camps during construction of the subproject. Improperly managed silt runoff and sanitary wastes from these camps may reach nearby areas. Poor sanitation and lack of proper solid waste management at the worker’s camp will provide the conditions for vermin and other disease vectors to easily multiply and infect the workers. This may lead to the transmission of diseases from the workers camp to other areas. These conditions will increase public health risk.

Mitigation. The construction contractor shall be required to: (i) install proper sanitary facilities, such as “Portalets” to prevent the indiscriminate discharge of sanitary wastes at the camps surroundings, (ii) implement proper solid waste management, and (iii) prevent surface runoffs from flowing into the workers camps to avoid carrying away any contaminants. The contractor shall be required to use temporary diversion drains, catch drains, and silt-traps at these camps.

58. Improper Closure of Construction Sites. Construction activities will generate construction debris/solid wastes after completion of work. This may include used wood materials, steel works cuttings, paint and solvents containers, used oil from equipment, unused aggregates, etc. If not remove from the sites after completion of the construction activities, these solid wastes will cause aesthetic problems and some will be potential sources of contaminants for surface runoffs.

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Mitigation. After completion of work activities, the contractor shall be required to remove the construction decries/wastes from the sites before finally leaving. Where possible, useable materials from a construction site should be reused in other sites to reduce wastage and expenses. The entire site must be free of any construction solid wastes. Implement the required surface restoration.

59. Increase Employment Opportunities at Work Sites. Various construction activities for the subproject will definitely require a considerable number of workers. The impact would be beneficial and significant since employment opportunities in the area will increase.

60. Enhancement. Whenever possible, the contractor shall be encouraged to use the available, and qualified local labor for these construction activities. The recruitment of workers shall be coordinated with the local officials.

C. OPERATION PHASE ENVIRONMENTAL IMPACTS

61. Health Hazard due to Delivery of Poor Water Quality. Delivery of poor water quality will increase the health risk to water consumers. Threats to water quality are always present in all components of a water supply system, from the raw water sources up to the service connections. Threats of contamination in water sources may be due to the presence of bacteria, viruses, protozoa, or chemicals. This raises the need to provide a secure barrier to post-treatment contamination as the water is transported to the consumer. NWD should therefore manage the environmental risk to its water supply system. Failure to implement the appropriate management measures may result to adverse consequences threatening public health such as the case of a microbial outbreak.

Mitigation. Delivery to customers of poor water quality from new water sources can be prevented in a broader scale by implementing a water safety plan as advocated by WHO33. The 2007 Philippine National Standards for Drinking Water (PNSWD) also advocates preparation of a water safety plan. A water safety plan shall enable NWD to (i) prevent contamination of its water sources, (ii) treat the water to reduce or remove contamination that could be present to the extent necessary to meet the water quality targets, and (iii) prevent re-contamination during storage, distribution and conveyance of drinking water. It is an approach that will clearly show the desire of the NWD in applying best practices in ensuring delivery of potable water to its consumers.

For controlling microbial contamination, NWD shall continue using chlorine for disinfection of its water sources. The standards for chlorine residual of the 2007 PNSDW are: (i) 0.3 mg/l minimum for detection at the farthest point of the distribution system and (ii) 1.5 mg/l maximum for detection at the any point in the distribution system.

62. Pollution from Increased Generation of Sewage and Sullage. Expanding the water supply services to areas that are not yet served will also increase the generation of sewage and sullage because 75 – 85% of the water used by consumers will become wastewater from the toilets, kitchens, and laundry areas. The wastewater will contribute to pollution of the surrounding areas. Without a mitigating measure, this impact would be significant.

Mitigation. Wastewater from the toilets, kitchens, and laundry areas will normally be treated in individual septic tanks system of the water consumers. The septic tank

33 WHO Guidelines for Drinking Water 2008.

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system will: (i) treat the wastewater and reduce the pollution potential and (ii) reduce the people’s exposure to untreated domestic wastewater. This will help in interrupting disease transmission.

63. Increase employment opportunities. This issue is considered less significant for the subproject because the expected number of additional workers will be small during the operation and maintenance phase of the subproject.

64. Improvement of public health. Increasing the NWD service area from 8 to 12 barangays will bring safe domestic water supply to the residents and commercial establishments in the area. As a result, there will be general Improvement in public health and the cases of water-borne diseases are expected to decline.

65. After impacts screening, Table 6 lists the environmental impacts and risks that require mitigation and shall be carried to the EMP Section.

Table 6: Environmental Impacts and Risks for Inclusion in EMP


With Mitigation



Poor groundwater quality

Construction Phase

Nuisance/ public inconvenience in pipelaying







Operation and Maintenance Phase


Pollution from increased generation of sewage and sullage Legend: = insignificant; = significant; + = positive; - = negative

VI. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION

66. Information disclosure, public consultation, and public participation are parts in the overall planning and design process for the proposed water supply subproject. These are intended to achieve a meaningful stakeholders’ consultation and ensure subproject success.

67. Inception workshop. During the inception phase of the PPTA, the starting point for an assessment and prioritization of potential subprojects was the list of priority subprojects identified during the Pre-PPTA Stage Stakeholders Dialogue, Visioning and Project Validation Workshop held in Davao City on 12-14 August 2008, the last previous workshop before the start of the PPTA. The process of assessment and prioritization of the subproject

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long-list culminated with the Inception Workshop held in Grand Menseng Hotel, Davao City on 3-4 March 2010. The workshop was attended by representatives from the central government agencies at regional level, the provincial LGUs, city and municipal LGUs, and NGOs, including some indigenous people groups. The Nabunturan water supply system came up as a priority subproject to improve the water supply system in Nabunturan and Montevista, two municipalities located in the Agusan River Basin.

68. Key Informant Interview. Key informant interviews were conducted during the socioeconomic survey on the Nabunturan water supply to establish the socioeconomic and sectoral profiles of the subproject subproject in August 2010. 267 respondents were interviewed during the survey with only 21.7% have Level III supply. Among others, the interview provided information on the level of satisfaction of the respondents with the water service provided by the NWD. Majority of the respondents (62.1%) with Level III supply thought that the present water pressure was adequate but at the same time 60.34% expressed moderate dissatisfaction with the quality of the water supplied by NWD. Slightly more than half (56.9%) said that the water they received from the piped connection is sufficient for their basic domestic needs. Of the respondents who have Level III supply, majority (84.8%) wants additional water from piped connection.

69. Public Consultation. On September 30, 2010, stakeholders’ consultation was conducted by the NWD at Comval Hotel in Nabunturan. The primary objectives of the public consultation were to validate the components of the subproject with the stakeholders, identify potential issues, and gather endorsement of the stakeholders for the subproject. Present during the consultation were representatives of the municipal LGUs of Nabunturan and Montevista, barangay chairmen of the affected villages, provincial government, NGO/PO representatives, and the PPTA consultants. Among the issues raised were the role of NWD in the management of the Manat watershed, which is the recharge area of the aquifer in Nabunturan, potential insecticide contamination from banana plantations, extraction of groundwater for banana plantations might result in ground subsidence. Representatives of the barangays from Nabunturan and Montevista were in favor of the proposed expansion of the water supply subproject.

70. Post IEE Workshop (DFR Dissemination Workshop). The summary of impacts and proposed mitigating measures were presented during the Draft Final Report dissemination workshop held at Grand Menseng Hotel in Davao City on November 25-26, 2010. The forum was attended by representatives from the LGUs of Agusan del Sur, Compostela Valley, Agusan del Norte and their respective municipal officials, the Butuan City officailas, DENR Region XI, XIII, and Caraga, PENROs and CENROs, NCIP from the region and province, the academe and NGOs. The participants generally supported the expansion of the Nabunturan water supply system. The issue on the need to include in the financing package the cost of septic tanks for households and business establishments was raised. It was pointed out that the Philippine Clean Water Act of 2004 requires polluters to pay for the cleaning of the pollution they generate. There was also a suggestion to include other ARB municipalities in the water supply subproject, which would be considered.

71. Future Disclosure and Consultations. With the aim of increasing public consultation and participation, NWD will again conduct public consultations and information disclosure during detailed design. Large group of stakeholders are expected to attend to this proposed consultations since proposed water tariffs will also be discussed. Views of the stakeholders will be considered in the overall design process. Stakeholders’ consultations shall be continued throughout the duration of the construction phase. NWD shall keep records of environmental and social complaints, received during consultations, field visits, informal discussions, and/or formal letters, together with the subsequent follow-up and resolutions of issues.

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VII. GRIEVANCE REDRESS MECHANISM

72. Local grievance redress mechanism is important in the implementation of the proposed subproject since any complaint and concern of the stakeholders must be address promptly at no costs to the complainant and without retribution. This mechanism shall be disclosed in public consultations during detailed design and in meetings during the construction phase. Complaints about environmental performance of projects during the construction phase can best be handled by an ad-hoc Water District Environmental Complaints Committee (WDECC) for expeditious resolutions to the complaints. Complaints during the operation phase can be brought to the attention of NWD or the DENR-Region XI.

73. NWD Environmental Complaints Committee. NWD shall form the WDECC to be chaired by the Water District-Project Implementation Unit (WD-PIU) head when the subproject is about to be implemented. Members shall include the following: (i) contractor’s highest official at the site such as Construction Manager or Construction Superintendent, (ii) barangay officials, (iii) concerned NGOs, and (iv) women’s organizations. Creation of the WDECC and its operation shall be included in appropriate sections of the civil works contract. Expeditious resolution of complaints during construction is important since activities are sometimes continuous and can easily change the landscapes within a week. For the quick filing of complaints, the WDECC shall prepare a form to be used for the filing of grievances/complaints. The use of form will also facilitate the filing of complaints by illiterate persons.

74. The steps to be followed in filing complaints and the procedures for redress are the following: (i) complainant shall provide the background and file the complaint verbally or in writing to WDECC. The WDECC secretary shall assist the complainant in filling-up the complaint form; (ii) within 2 working days, the WD-PIU head, contractor’s representative, and complainant shall discuss if the complaint can be resolved without calling for a WDECC meeting; (iii) if the complaint cannot be resolved by the WD-PIU head and contractor’s representative, a WDECC meeting shall be called with the complainant to resolve the complaint within 5 working days; (iv) if the complaint cannot be resolved, the complainant shall raise the issue to the barangay officials where barangay rules and regulations are followed for the amicable settlement of disputes at the barangay level without judicial recourse; and (v) if the complaint cannot be resolve at the barangay level, the complainant shall seek recourse with the courts.

VIII. ENVIRONMENTAL MANAGEMENT PLAN

75. This section addresses the need for mitigation and management measures to address the negative impacts of the subproject. Information includes: (i) mitigating measures to be implemented, (ii) required monitoring associated with the mitigating measures, and (iii) implementation arrangement. Institutional set-up is presented in the implementation arrangement and discusses the roles during implementation and the required monitoring. It also outlines the requirements and responsibilities during pre-construction, construction, and operation phases.

A. ENVIRONMENTAL MITIGATION

76. Table 7 presents the information on: (i) required measures for each environmental impact that requires mitigation, (ii) locations where the measures apply, (iii) associated cost, and (iv) responsibility for implementing the measures. Details of mitigating measures are already discussed in Section V where the need for mitigation of each impact was determined in the screening process.

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77. Although details of the required mitigating measures are already discussed in the screening for impacts, the following items are discussed further to highlight their importance: (i) tender documents and construction contracts, (ii) contractor’s environmental management plan, (iii) construction site management plan, (iv) water safety plan, (v) source protection study, and (vi) unanticipated environmental impacts.

Table 7: Environmental Mitigation Plan of the Water Supply Subproject Project Activity


Impact

Proposed Mitigation Measure or

Enhancement Measure

Location Mitigation Cost

Responsibility Implementation/

Supervision Pre-Construction Phase Excavation requirements

Potential damage to archaeological and cultural assets

Tender documents shall include a provision that will require construction activities to be stopped immediately upon discovery of any archaeological and cultural relics and authorities will be informed promptly

Wells, pump houses, pipeline trenches, civil works excavations


Design Consultants / NWD PIU

Social and community concerns


Consultation with the affected communities regarding the expected impacts and proposed mitigation measures of the project; Tender documents shall include provisions addressing the potential nuisances and problems to the public during construction phase

Pipelines routes


NWD PIU, Design Consultants

Siting of wells

Poor groundwater quality

Preliminary sampling of existing wells near the site shall be conducted to determine the groundwater quality. Alternative sites will be considered if water quality is poor.

Sites of deepwells


NWD PIU, Design Consultants

Construction Phase Pipelaying, and other construction works

Nuisance / inconvenience to the public

Minimize water supply cut-off periods and /or use of nighttime schedules, as well as announcement of water supply interruptions two to three days prior to actual cut-off; no dumping of earth, stones, and solid wastes in watercourses

Pipelines routes,


Contractor / NWD PIU, Supervision Consultants

Pipelaying and other civil works

Nuisance from noise of construction equipment

Consultation with affected areas; not to operate noisy equipment during nighttime (22:00 – 06:00); sound suppression for equipment; ear plugs for workers

Sites of wells, pipelines routes




Air pollution due to construction activities

Water spraying for dust control; construction materials with potential for significant dust




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Project Activity


Impact

Proposed Mitigation Measure or

Enhancement Measure

Location Mitigation Cost

Responsibility Implementation/

Supervision generation shall be covered; tarpaulin cover for trucks transporting loose construction materials; not smoke belchers equipment


Traffic congestion and hindrance to access

Close coordination with local authorities in road closure and traffic rerouting; contractor’s traffic plan; proper stockpiling of materials and immediate disposal of spoils; immediate restoration of roads and affected areas





Pollution and health risks due to workers camp

Proper camp sanitation; installation of sanitary facilities; solid waste management; surface runoffs control such as temporary diversion drains, catch drains, and silt-traps

Workers camp




Hazard to public due to construction activities

Implement road safety plan and safety measures including warning signs to alert people of hazards around the construction sites, barricades, and night lamps for open trenches in pipelaying




Rehabilitation and closure of construction sites


Removal of all construction wastes and implement surface restoration

Pipelines routes




Increase employment opportunities

Contractor required to give preference to local labor; workers recruitment to be coordinated with local officials

Pipelines routes

No cost Contractor / NWD PIU, Supervision Consultants

Operation Phase Water production


Water disinfection using chlorine; water safety plan implementation

Pipelines Part of operation & maintenance costs

NWD

Water consumption

Pollution from increased generation of sewage and sullage

Septic tanks system of water consumers

Subproject water supply service area

PhP20,000 per septic tank

Water consumer/ LGUs

78. Tender Documents and Construction Contracts. Environmentally responsible procurement advocates the inclusion in construction contract documents the provisions addressing the management of environmental impacts and risk during construction. This includes the contractor’s submittal of a Contractor’s Environmental Management Plan (CEMP). Tender documents and construction contracts shall therefore include environmental management provisions on the following issues: (i) erosion and sediment

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runoff, (ii) noise and dust, (iii) vehicular traffic, (iv) construction wastes, (v) oil and fuel spillages, (vi) construction camps, and (vii) public safety and convenience.

79. Contractor’s EMP. During construction, each contractor will be guided by its detailed CEMP. This shall be based on the NWD subproject’s EMP with details on staff, resources, implementation schedules, and monitoring procedures. The agreed CEMP will be the basis for monitoring by NWD PIU, and other monitoring parties. Inclusion in construction contract documents the provisions requiring the contractor to submit a CEMP is important since the contractor will be legally required to allocate a budget for mitigation measures implementation. The CEMP will allow the NWD’s construction supervision engineer to focus on what are specific items expected from the contractor regarding environmental safeguards on a day-to-day basis. With the CEMP, NWD can easily verify the associated environmental requirements each time the contractor will request approval for work schedules.

80. The CEMP shall be prepared by all contractors before the start of the construction works and shall be approved by NWD’s PIU. This requirement shall be included in the construction contracts. It shall provide details on specific items related to the environmental aspects during construction. It shall include specifications on requirements for dust control, erosion and sediment control, avoidance of casual standing water, management of solid wastes, workers’ camp sanitation, pollution from oil, grease, fuel spills, and other materials due to the operation of construction machineries, safety and traffic management, avoidance of inconveniences to the public, air and noise pollution control. It shall also include guidance on the proper design of the construction zone, careful management of stockpiles, vegetation, topsoil, and vehicles and machinery.

81. Water Safety Plan. NWD shall manage the environmental risk to its water supply system in a broader scale. As previously pointed out, the role of a water safety plan in addressing the risk cannot be overemphasized. This is an approach advocated by WHO for ensuring the delivery of safe drinking water to the consumers. (Please refer to the WHO Guidelines for Drinking-water Quality, Third Edition, 2008) Its need is also reflected in the 2007 PNSDW. The water safety plan shall enable the NWD to (i) prevent contamination of its water sources water, (ii) treat the water to reduce or remove contamination that could be present to the extent necessary to meet the water quality targets, and (iii) prevent re-contamination during storage, distribution and handling of drinking water. It is an approach that will clearly show the desire of the NWD in applying best practices in ensuring delivery of potable water to its consumers.

82. Source Protection Study. An input to the preparation of the water safety plan is the source protection study. This includes preparation of a source water assessment. The study will help identify risk to the water supply system. A source water assessment is an evaluation of how susceptible a source may be to potential sources of contamination. Potential contaminant sources that could adversely affect the quality of water supply source are identified.

83. Unanticipated Environmental Impacts. Where unanticipated environmental impacts become apparent during project implementation, NWD shall prepare a supplementary environmental assessment and EMP to assess the potential impacts and outline mitigation measures and resources to address those impacts.

B. ENVIRONMENTAL MONITORING

84. Table 8 presents the information on: (i) aspects or parameter to be monitored, (ii) location where monitoring is applicable, (iii) means of monitoring, (iv) frequency of monitoring, (v) responsibility of compliance monitoring, and (vi) cost of monitoring. The PIU

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shall prepare quarterly environmental monitoring reports to be submitted to the EMB-Region XI and the LWUA management detailing the status of mitigating measures implementation.

Table 8: Environmental Monitoring Plan of Subproject


Location Means of Monitoring

Frequency Implemen-tation

Respon-sibility


Responsibi-lity

Monitoring Cost

Pre-Construction Phase Specific provision in tender documents on archeological/ cultural relics

Pipeline trenches, civil works excavations

Verify draft and final documents

Twice – draft and final documents

Design consultants

NWD PIU Part of project management in detailed design (minimal cost)

Consultation meetings; Specific provisions in tender documents on nuisance & problems to public

Pipelines routes Verify meetings documentation; verify draft and final documents

After completion of meetings; Twice – draft and final documents

NWD, Design consultants

DENR-XI Part of project management in detailed design (minimal cost)

Construction Phase Water supply interruptions; materials and solid wastes dumped in watercourses

Pipelines routes Visual inspection of sites; work schedules verification

Daily Contractor Construction supervision consultants, NWD PIU

Part of consultant’s construction supervision contract; minimal cost to NWD PIU

Noise levels not to exceed 50 dBA near school, 55 dBA in other areas, and 45 dBA during nighttime

Sites of wells; pipelines routes

Use of sound levels meter



Dust, cover of stockpiles, smoke belching

Sites of wells’ pipelines routes




Road closure and traffic rerouting; materials stockpiles; road restoration

Pipelines routes Traffic plans verification

Weekly Contractor Construction supervision consultants, NWD PIU


Sanitary toilets, garbage bins, runoff controls

Workers camps Visual inspection of camps

Once before start of construction and once monthly

Contractor Construction supervision consultants, NWD PIU


Road safety plan; sign, barricades and night lamps

Pipelines routes Visual inspection of sites



Construction debris/wastes

Sites of wells; pipelines routes


Once before final stage of demobilization

Contractor Construction supervision consultants, NWD PIU

Part of consultant’s construction supervi-sion contract; minimal cost to NWD PIU

Number of local labor employed

Construction sites; pipelines

Verification of contractor’s

Once a month Contractor NWD PIU No cost

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85. Project Performance Monitoring. Project performance monitoring presents the desired outcomes as measurable events by providing parameters or aspects that can be monitored and verified (Table 9). Tendering process advocating environmentally responsible procurement is a desired outcome during the pre-construction phase. This can easily be verified by checking if EMP requirements are incorporated in construction contracts. Construction phase desired outcomes include effective management of environmental impacts and reduce risk to public. For the operation phase, NWD’s water supply system must meet the 2007 PNSDW for bacterial count, color, pH, turbidity, dissolved solids, hardness, alkalinity, manganese, iron, fluoride, chloride, sulfates, magnesium, calcium, carbonates, and bicarbonates.

Table 9: Project Performance Monitoring of Subproject Desired Outcomes


Means of Monitoring

Frequency Implemen-tation


Monitoring Cost

Pre-Construction Detailed design is environmentally responsive

EMP requirements incorporated in detailed design

Verify detailed design documents; EMP requirements reflected in tender documents

Two reviews: (i) draft detailed design documents and (ii) prior to approval of final documents

NWD, Design consultants

DENR-XI Minimal cost

Tendering process advocates environmentally responsible procurement

EMP requirements incorporated in construction contracts

Verify construction contract documents;

Prior to finalization of construction contract documents

NWD PIU NWD Board Minimal cost

Construction Phase Effective management of environmental impacts during construction

Number of public complaints on construction activities

Verification of contractor’s records; NWD coordination with LGU officials

Once a month Contractor Construction supervision consultants, NWD PIU


Reduce risk to public during construction

Number of accidents involving construction activities

Verification of contractor’s records; LMWD coordination with local officials

Once a month Contractor Construction supervision consultants, LMWD PIU

Part of consultant’s construction supervision contract; minimal cost to LMWD PIU

Operation Phase Water quality meets drinking water standards

Required drinking water quality parameters


Monthly for bacteria; annual for physical & chemical

NWD DENR-XI Part of NWD’s operation cost (PhP246,800/year)

routes records Operation Phase Total coliforms; PNSDW physical & chemical

Pipelines, reservoirs, and wells


Monthly for bacteria; annual for physical & chemical

NWD DENR-XI Part of NWD’s operation cost (PhP246,800 /year)

Septic tank of water consumers

Subproject water supply service area


Once a year Water consumer

LGUs Minimal cost

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C. IMPLEMENTATION ARRANGEMENT

86. This subsection presents the: (i) institutional set-up, (ii) implementation schedule, (iii) required clearances, and (iv) capability building

87. Institutional Setup. DENR is the executing agency, while NWD is the implementing agency. DENR has overall responsibility for project coordination, implementation, and liaison with ADB and other government offices. DENR will establish a Project Management Unit (PMU) to coordinate implementation at the national level, including procurement of goods, works, and services. A PMU staff shall be designated as the Environment Officer for the project. At the subproject level, NWD will be responsible during construction and operation phase of the subproject. During the construction phase, NWD shall establish a Project Implementation Unit (PIU) to work closely with DENR’s PMU. A team of consultants will assist DENR’s PMU and NWD during pre-construction and construction phases.

88. Environmental Monitoring Reports. During the construction period, the construction supervision consultants, together with the PIU, shall prepare monthly environmental monitoring reports to be submitted to NWD and the PMU. The contractor shall submit to the PIU a monthly environmental monitoring report. Based on the monthly reports, the PMU shall prepare semi-annual environmental monitoring reports, which shall be submitted by DENR to ADB.

89. The role of the WDECC during the construction phase is highlighted since it is an important aspect of the grievance redress mechanism in promptly addressing the public’s complaints about environmental performance of the subproject during execution of the construction activities.

90. Implementation Schedule. As presented in the project description, the NWD subproject is scheduled to start in 2012 and to be completed in 2015. NWD shall ensure that construction contract provisions related to the EMP shall be included in the tendering process.

91. DENR Clearance. Under the Revised Procedural Manual for DENR Administrative Order No. 30 series of 2003, water supply systems (complete system) with six (6) or less production wells are required to submit IEE Report to secure ECC from the EMB regional office (Region XI). The ECC shall be secured prior to the start of the construction activities.

92. Capability Building. Implementation of the subproject will be supported by consulting services to be sourced in two contract packages: (i) project management advisory services, including detailed engineering designs, preparation of contract documents, support to water districts with construction supervision and quality control; and (ii) institutional development and capacity building for the water district.

IX. CONCLUSION AND RECOMMENDATIONS

93. Overall, the water supply subproject for NWD will benefit four (4) additional barangay and areas in the Poblacion of Nabunturan that are not yet served by NWD. The water supply service will bring about improvement in public health.

94. The environmental screening process has highlighted the environmental issues and concerns of the proposed NWD subproject. The screening has shown that the subproject’s location is in existing residential, commercial, institutional, and agricultural landscapes. The proposed subproject is therefore not a new incursion to an ecologically untouched area.

95. Based on the screening for potential environmental impacts and risks of the proposed

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subproject, there are no significant negative environmental impacts and risks that cannot be mitigated. With the EMP, the proposed subproject can be implemented in an environmentally acceptable manner. There is no need for further environmental assessment study. A full EIA is not warranted and the subproject’s environmental classification as Category B is deemed appropriate. The IEE shall therefore be finalized as the final environmental assessment document of the proposed subproject.

96. Implementation of the proposed subproject is hereby recommended with emphasis on the following: (i) EMP of NWD subproject shall be included in the design process; (ii) Contracts of design consultants shall have provisions requiring the consultants to consider EMP recommendations in the design process; (iii) Tendering process shall advocate environmentally responsible procurement by ensuring the inclusion of EMP provisions in the bidding and construction contract documents; (iv) Contractor’s submittal of a CEMP shall be included in the construction contract; (v) Contract provisions on creation and operation of the WDECC shall be included in construction contracts; (vi) DENR, with its regulatory function, shall ensure that EMP is implemented; and (vi) NWD shall continue the process of public consultation and information disclosure during detailed design and construction phases.

X. REFERENCES

1. Asian Development Bank (ADB). 2009. Safeguards Policy Statement.

2. Department of Environment and Natural Resources (DENR). 2010. Memorandum Circular No. 2010 – 14: Standardization of Requirements and Enhancement of Public Participation in the Streamlined Implementation of the Philippine EIS System.

3. Department of Environment and Natural Resources (DENR). 2007. Revised Procedural Manual for DAO No. 03-30.

4. DENR Administrative Order Nos. 34 and 35, series of 1990.

5. Department of Health (DOH). 2007. Philippine National Standards for Drinking Water.

6. Municipality of Nabunturan. 2005. Comprehensive Land Use Plan/Comprehensive Development Plan 2006-2015.

7. The Philippine Congress. 2004. Republic Act No. 9275, Otherwise Known as the Clean Water Act of 2004.

8. World Health Organization. 2008. Guidelines for Drinking-water Quality. 3rd Edition, Geneva.

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6. ENVIRONMENTAL ASSESSMENT AND REVIEW FRAMEWORK

Contents

A. Introduction .......................................................................................................... 1 B. Overview of the types of sub-projects to be assessed ...................................... 1 C. Country’s Environmental Assessment and Review Procedures ...................... 4 D. Major Phases of the Philippine EIS System ........................................................ 4

1. Screening of Projects .................................................................................. 4 2. Application Process .................................................................................... 5

E. ADB Requirements ............................................................................................... 6

1. Basic Regulations ....................................................................................... 6 2. Procedures ................................................................................................. 7 3. Specific Procedures to be used for the Subprojects .................................... 8

A. INTRODUCTION

1. The primary objective of the Project Preparatory Technical Assistance (PPTA), ADB TA No. 7258-PHI, is to design the Agusan River Basin Integrated Water Resources Management Project (ARBIWRMP) to strengthen the institutional basis for coordinated development and management of the basin’s resources, based on the principles on Integrated Resources Management (IWRM), and advancing the management capacities of the relevant institutions, building on the output of the Agusan River Basin Master Plan. The TA is intended to develop prioritized component subprojects, along with the necessary supporting reports and implementing mechanisms, into a level suitable for consideration by ADB for financing.

B. OVERVIEW OF THE TYPES OF SUB-PROJECTS TO BE ASSESSED

2. The process of assessment and prioritization of the subproject long-list was conducted in a workshop with the ARB stakeholders held in Davao City on March 3-4, 2010. Using the approved evaluation criteria and scoring matrix for the prioritization of subprojects, the following high priority subprojects were short-listed:

(i) upper basin integrated watershed management; (ii) rehabilitation of Naboc River sub-catchment; (iii) conserving biodiversity in the Agusan Marsh Wildlife Sanctuary; (iv) indigenous people development (implementation of ADSDPP in a pilot site); (v) improvement of municipal water supply systems; (vi) implementation of updated Butuan City drainage master plan; (vii) development of ARB coordination mechanism (river basin management

institutional framework); (viii) institutional strengthening and capacity building; (ix) upgrading of hydrological monitoring network and database; and (x) upgrading of regional laboratory facilities.

3. Based on the Inception Workshop, the problem tree analysis, the extensive consultations with various stakeholders, and the Draft Final Report Workshop held in

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November 2010, the proposed subproject investments are grouped into the following outputs:

1. ARB Governing Board effective in coordinating basin development and utilization. 2. River water quality and watershed conditions improved. 3. Integrated ecosystem management of Agusan Marsh established. 4. Local social development and indigenous people development plans implemented. 5. Water resources, flood management, and water supply and sanitation infrastructure

improved. 6. Project management capacity strengthened.

4. Among the six outputs, infrastructural development and conservation of biodiversity in the Agusan Marsh Wildlife Sanctuary were further prioritized for environmental assessment of their respective impacts. Under the infrastructural development, two subprojects were identified, namely, the Upgrading of the Butuan City Drainage System, and the Expansion of the Nabunturan Water Supply System; while Ecotourism in the Agusan Marsh was identified for further environmental impact assessment.

5. Butuan City drainage subproject. Butuan City is located in the central portion of the province of Agusan del Norte in northern Mindanao. The floods from Agusan River frequently inundate Butuan City, particularly its central business district (CBD). Floodwaters spill out from the sides of the natural channel and spread widely to both sides of the riverbank flooding vast lands along the river. This occurs because of its mountainous watershed, low physiography and heavy rainfall. Twenty-four (24) of the 27 urban barangay and 6 rural barangay are affected by frequent flooding ranging in height from 50 cm to 100 cm for a period 1-2 days to weeks or months, resulting in great economic losses. The major components of the subproject are: (i) Construction of additional drains on identified waterways along Villa Kananga, Agusan Pequeño and Langihan areas; (ii) Construction of additional rectangular drains within the CBD and adjoining areas; (iii) Replacement of non-functioning drainage lines along the CBD area; (iv) Rehabilitation of existing open drainage channels/waterways and along major roads; and (v) Construction of pumping stations and floodgates along strategic portions of the CBD. Upgrading of the drainage system will result in significant reduction in the flooding, increase the flow-carrying capacity of the system, and improve sanitation resulting in increase of productivity of the affected residents and commercial establishments.

6. Expansion of Nabunturan water supply system. Nabunturan is the capital town of the Compostela Valley Province located within 125o 27’ east longitude and 7o 41’ north latitude. It has a total land area of about 24,120 hectares comprising 28 barangay with a total population of 60,543 in 2000. The Nabunturan Water District (NWD) presently provides water to 6 barangay in Nabunturan and one barangay in the neighboring Municipality of Montevista with a total served population of 13,597. The proposed expansion covers one additional barangay in Nabunturan and the unserved portions of the existing service area plus three additional barangay in Montevista by 2020. By the year 2020, a total population of 24,141 and 6,453 in Nabunturan and Montevista, respectively, would have been served by NWD. To provide water for the target population, a total of 50 liters/second will be abstracted from five (5) deepwells.

7. Ecotourism in the Agusan Marsh. The Agusan Marsh is one of the most important wetland areas in the Philippines, covering a total area of about 111,000 ha, with an existing protected area, the Agusan Marsh Wildlife Sanctuary (AMWS), of 19,000 ha declared under NIPAS in 1996, and a proposed extension covering 40,000 ha currently under consideration. It was declared a Ramsar site of internationally important wetlands in 1999.

8. The Agusan Marsh has 192 species of plants recorded, with 16 endemics and 11 threatened species. It has a total of 312 vertebrate fauna (198 birds, 28 mammal species of

3


which 133 are endemic to Philippines and 24 species globally threatened, including the critically endangered Philippine crocodile).

9. The population of the eight municipalities surrounding the Marsh is about 118,000. About 3,000 households (16,500 people), mostly IPs of the Manobo group, live in characteristic floating houses adapted to life in the Marsh and dependent upon the natural resources of the Marsh for their livelihoods.

10. The proposed subproject will establish a number of conservation and alternative livelihood initiatives, including the delineation of Special Protection Zones within the AMWS, and the development of ecotourism in the Marsh. The eco-tourism initiatives would be focused around establishing a world-class Wetland Education and Interpretation Center in Bunawan Municipality and providing a number of day trip opportunities and overnight stays to the lakes and peat dome within the Marsh. The interest of the private sector will be encouraged to consider establishing an exclusive eco-tourism resort at one of the locations in the Marsh. In addition, a number of environmental protection and health measures will be provided to local residents, including rainwater collection systems, floating sanitation units, and systems for solid waste management in the surrounding municipalities.

11. Screening. Screening for environmental impacts is made through a review of the parameters associated with the subprojects. An important consideration in analyzing the environmental impacts of the proposed upgrading of the Butuan City drainage and the expansion of the Nabunturan water supply subprojects is the fact that they are upgrading of existing systems in an already altered environment. The issue on impacts and risks to biodiversity conservation is not applicable to these subprojects since the subprojects’ components will not be located in areas that are environmentally sensitive and have precious ecology.

12. For the drainage and water supply subprojects, adverse environmental impacts during construction are temporary, less than significant, and can easily be mitigated. There will be no massive construction activities that can damage the environment. Construction and laying of drainage/pipe lines are low impact construction activities since trench excavation is shallow with narrow width. Excavated soil is backfilled to the trench after the laying of pipelines. Required structures are relatively small in size. Typical construction issues are manageable, with the implementation of a site management plan for: (i) erosion and sediment runoff, (ii) noise and dust, (iii) vehicular traffic, (iv) construction debris/wastes, (v) oil and fuel spillages, (vi) construction camps, and (vii) public safety and convenience. Impacts during the operation phase of the subprojects are largely beneficial and generally relate to improved public health and living conditions within the service areas of the subprojects.

13. The initiatives in the Agusan Marsh to establish Special Protection Zones (SPZ) will be undertaken with the provision that they will not involve any physical resettlement of any households, and ensuring, through detailed consultation and negotiation with people using these areas, that there will be minimal impact on their livelihoods. The effects of establishing these SPZs will be to maintain the biodiversity, increase the local production and hence yields of natural resources, e.g. fish in the surrounding areas. It will also make the surrounding areas more interesting for the ecotourism visitors.

14. The ecotourism initiatives will involve the establishment of a permanent centre on an existing 2 ha plot belonging to the PASu in Bunawan unicipality. All other infrastructures will be of floating construction, and will not be permanent. The impacts of visitor disturbance to the flora and fauna are expected to be low. Most of the visitors will be attracted initially to the Wetland Centre and only a smaller proportion of these would venture into the interior of the Marsh. The maximum numbers of visitors expected in any day would be 150 persons, with

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floating accommodation provided for about 65 persons.

15. The rainwater collection, floating sanitation units and solid waste management systems are expected to improve environmental conditions in the Marsh, and only present a risk in the event of failure or breakdown of the systems, e.g. through budget constraints after the project ends.

C. COUNTRY’S ENVIRONMENTAL ASSESSMENT AND REVIEW PROCEDURES

16. The Philippine Environmental Impact Statement (EIS) system categorizes environmentally critical projects (ECP) as projects with significant potential to cause negative environmental impacts. ECPs are grouped into four (4) main categories, namely: (1) heavy industries; (2) resource extractive industries; (3) infrastructure projects; and (4) golf courses. These projects are classified as Group I and are required to secure an Environmental Compliance Certificate (ECC) by submitting an EIS to the Environment Management Bureau (EMB)-Central Office of the Department of Environment & Natural Resources (DENR).

17. Projects that are located in an Environmentally Critical Area (ECA) are categorized as Group II and are required to secure an ECC by submitting an Initial Environment Examination (IEE) report or an IEE Checklist to the regional office of the EMB where the project will be located. An area is considered environmentally critical if it exhibits any of the following characteristics: (a) Areas declared by law as national parks, watershed reserves, wildlife preserves, and sanctuaries; (b) Areas set aside as aesthetic, potential tourist spots; (c) Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife; (d) Areas of unique historic, archeological, geological, or scientific interests; (e) Areas which are traditionally occupied by cultural communities or tribes; (f) Areas frequently visited and or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.); (g) Areas with critical slopes; (h) Areas classified as prime agricultural lands; (i) Recharged areas of aquifers; (j) Waterbodies; (k) Mangrove areas; and (l) Coral reefs.

18. Projects categorized under Group III are intended to directly enhance environmental quality or address existing environmental problems. Group III projects are unlikely to cause adverse environmental impacts and are not covered by the EIS System. Group III projects are issued Certificate of Non-coverage (CNC) upon submission of application online to the EMB.

19. Group IV projects are co-located projects (mix of single projects in a contiguous area optionally applied as one project) that require programmatic EIS regardless of capacity, area, and number of locators/components.

20. Group V covers unclassified projects that are required to submit Project Description Report as an interim documentary requirement.

D. MAJOR PHASES OF THE PHILIPPINE EIS SYSTEM

1. Screening of Projects

21. The first step in the EIS process is determining the category of the proposed project. By law, a project categorized as ECP or located in ECAs should secure an ECC prior to its implementation. In determining ECPs and projects in ECAs, DENR uses the EIA Coverage & Requirements Screening Checklist (ECRSC), which can be self-administered subject to validation by the EMB.

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2. Application Process

22. Central to the Philippine EIS System is the ECC, which is the document issued by the EMB/DENR after a positive review of an ECC application, certifying that the proposed project or undertaking will not cause significant negative environmental impact or that the negative impacts are adequately and satisfactorily provided with appropriate mitigating measures. It also certifies that the proponent has complied with all the requirements of the EIS System and has committed to implement its approved Environmental Management Plan (EMP). The ECC contains specific measures and conditions that the project proponent has to undertake before and during the operation of a project, and in some cases, during the project's abandonment phase to mitigate identified negative environmental impacts. The issuance of an ECC does not exempt a project proponent from securing related permits (such as discharge permit, sanitary permit, land use conversion, water permit, and building permit) from concerned government agencies under other existing laws, rules and regulations.

23. The following steps are undertaken as part of the application process: (i) Scoping. Scoping is mandatory for Group I projects. It is where the key issues

and concerns are identified and the proponent, the EIA study consultants, the EMB, and other project stakeholders agree upon the scope of the study. It is during scoping that the EIA Review Committee (EIARC) for the project is formed and project stakeholders are identified. The EIARC is a body of independent technical experts and professionals of various fields organized by the EMB to evaluate the EIS and to make appropriate recommendations regarding the issuance or non-issuance of an ECC. It is also during scoping when requirements for specific studies such as Environmental Risk Assessment (ERA) and Environmental Health Impact Assessment (EHIA) are determined. The major activities include presentation of project to the EIARC, on-site scoping with project stakeholders, and a technical scoping session with the EIARC. These activities result in the production of the Scoping Report and the Scoping Checklist.

(ii) Impact Assessment. The conduct of the EIA study commences after the

Scoping Checklist is finalized. The Procedural Manual provides guidelines as regards the manner by which EIA study is conducted. The assessment for Group I projects typically includes characterization and analysis of the biophysical, chemical, social, economic and cultural environment. Proponents are encouraged to employ a community-based approach to the EIA study and public participation in the EIA study is a requirement. At the onset of the EIA, stakeholders within the influence zone of the project are identified and profiled. Prior to scoping, the project proponent is urged to conduct social preparation or information, education and communication activities. Public participation occurs during scoping, in baseline data gathering, in impact identification, prediction and evaluation, in environmental planning process. Public consultation may also be conducted on certain issues.

(iii) Review. The results of the EIA study together with other required documents

are packaged into an EIS which is submitted to EMB Regional/Central Office for review. The review process consists of two stages. The first stage is a “procedural review” to be conducted by an EMB staff member who checks for completeness and ensures that the submitted documents are clear and legible. The second stage is the “substantive review” by the EIARC. During the substantive review, the EIARC may conduct field visits or site inspections and may decide to conduct a public hearing. Only one (1) request for additional information/clarification may be required from the project proponent. The

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proponent shall respond within five (5) days, otherwise, the EMB-DENR shall decide on the basis of submitted information. The EMB-DENR is given 40 working days to grant or deny the ECC application. The ECC application is deemed automatically approved if EMB-DENR cannot come up with a decision within 40 working days. Stakeholder can participate in the review through public hearing if one is conducted during the EIARC review. According to the DAO 30-2003 Procedural Manual, the review of the EIS by EMB shall be guided by three general criteria: (a) that environmental considerations are integrated into the overall project planning, (b) that the assessment is technically sound and proposed environmental mitigation measures are effective, and (c) that social acceptability is based on informed public participation.

(iv) ECC Application for Group I Projects. Projects classified as Group I must

undergo full EIA study, which involves evaluating and predicting the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment. It also includes designing appropriate preventive, mitigating and enhancement measures addressing these consequences to protect the environment and the community's welfare. The process is undertaken by, among others, the project proponent and/or EIA consultants, EMB, a Review Committee, affected communities and other stakeholders. EIS is submitted for Group I projects.

(v) ECC Application for Group II Projects. Group II projects are required to

undergo only Initial Environmental Examination (IEE). However, a full EIA study may be required after an evaluation has found that an IEER is not sufficient to address environmental impacts of the project. The IEER is a scaled-down EIA, which presumably can be quickly accomplished. For some projects, this can be accomplished by filling out a checklist as EMB has prepared pro-forma checklists for a number of projects including, housing, transmission lines, telecom cell sites, etc. However, where checklists are not available, the Procedural Manual suggests an outline of the IEE report, which resembles more like a mini-EIA report. The IEER can be processed at the EMB Regional Office where the project is located. A case handler of a technical review committee is charged with the IEER review. During the review, the case handler may conduct field visit, additional sampling or informal consultations. The reviewer is entitled to one request for additional information and may request the PENRO or CENRO to validate them.

(vi) CNC Application for Group III Projects. Proponents for projects classified as

Group III are required to submit a one (1)-page application form online for issuance of Certificate of Non-Coverage (CNC) at http://www.emb.gov.ph.

(vii) ECC Application for Group IV Projects. Group IV projects are required to

submit Programmatic EIS to secure an ECC.

E. ADB REQUIREMENTS

1. Basic Regulations

24. ADB instituted the environmental safeguards to ensure the environmental soundness and sustainability of projects and to support the integration of environmental considerations into the project decision-making process. Environmental safeguards are triggered if a project is likely to have potential environmental risks and impacts. Environmental assessment classifies projects into A, B, C or FI category status. The specifications for these categories are as follows:

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Category Specifications

A Potential for significant adverse environmental impact B Projects judged to have some adverse environmental impacts, but of lesser

degree and/or significance than those for category A projects. An initial environmental examination (IEE) is required to determine whether or not significant environmental impacts warranting an EIA are likely. If an EIA is not needed, the IEE is regarded as the final environmental assessment report.

C Projects unlikely to have adverse environmental impacts. No EIA or IEE is required, although environmental implications are still reviewed.

2. Procedures

25. A Rapid Environmental Assessment (REA) to support classification of all types of projects. The categorization is based upon the Most Sensitive Component, meaning that if one part of the project poses a potential for significant adverse environmental impact, the project is classified as Category A regardless of the project’s other impacts.

26. Sample project categories are seen in the table below:

27. An Environmental Impact Assessment (EIA) report is required for all environment category A and B projects. Its level of detail and comprehensiveness is commensurate with the significance of potential environmental impacts and risks. A typical EIA report contains the following major elements, and an IEE may have a narrower scope depending on the nature of the project.

(i) Executive Summary (ii) Policy, Legal, and Administrative Framework (iii) Description of the Project (iv) Description of the Environment (baseline data) (v) Anticipated Environmental Impacts and Mitigation Measures (vi) Analysis of Alternatives (vii) Information Disclosure, Consultation, and Participation (viii) Environmental Management Plan

Mitigation Monitoring Implementation arrangements

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Performance indicators (ix) Conclusion and Recommendation.

3. Specific Procedures to be used for the Subprojects

28. Responsibilities. The upgrading of the Butuan City drainage belongs to Group III projects under the Procedural Manual of DAO No. 03-30. This means that the subproject is not covered by the Philippine EIS system and only a Certificate of Non-Coverage (CNC) will be secured from the EMB – Region XIII by filing an application for CNC online at http://www.emb.gov.ph. The City Planning and Development Coordinator (CPDC) shall undertake the filing of application for the Butuan City drainage subproject. On the other hand, the expansion of the Nabunturan Water Supply System belongs to Group II and requires submission of an IEER in order to secure an ECC from EMB – Region XI. The General Manager of the Nabunturan Water District should apply for ECC by submitting an IEER for the expansion of water supply subproject.

29. For the ecotourism subproject, the proponent, the Provincial Government of Agusan del Sur through its Provincial Environment and Natural Resources Office (PENRO), will screen it using the EIA Coverage & Requirements Screening Checklist (ECRSC) in the Procedural Manual (DAO 03-30 pages 47-51) to decide on the category of the subproject. After screening the ecotourism subproject using the ECRSC and upon confirming that the subproject is a Group II, the PENRO shall lead in the conduct of an EIA with the assistance from the respective municipal LGUs where the components are located. The IEER prepared by the PPTA consultant will be an excellent material for the preparation of the IEER, which may need only minor updating. The IEER shall then be submitted to the EMB-Caraga Region for processing leading to the issuance of ECC.

30. During construction of the subprojects, the City Engineer’s Office with the assistance of the City Environment and Natural Resources Office (for the Butuan City Drainage subproject), the Office of the General Manager of the NWD with the assistance from its Pollution Control Officer (for the Nabunturan water supply subproject), and the PENRO (for the ecotourism subproject) shall be responsible for meeting environmental aspects of subprojects. While the contractor will be directly responsible for the implementation of the environmental management and monitoring plan, the Engineer’s Office/ENRO/PCO/PENRO shall monitor the implementation of the subprojects and submit Self-Monitoring Report (SMR) to the DENR to be forwarded to ADB.

31. Environmental Criteria for Selection of Subproject. The following criteria will be used for subproject selection:

a. NIPAS and/or Protected area status should be checked with the Community Environment and Natural Resources Office (CENRO) or PENRO and should normally be avoided. If cannot be avoided, then approval of Protected Area Management Board (PAMB) in the project area should be secured before implementation.

b. The LGU comprehensive land use plan should be consulted to ensure compatibility with the plan.

c. Subprojects that may cause significant negative environmental impacts (e.g., ground or surface water impacts) are to be avoided, whenever possible, otherwise adequate and appropriate mitigating measures should be provided.

d. Subprojects on high gradient and critical slope (>50%) areas are be avoided. e. Subprojects to be located in environmentally critical areas (e.g., coral reefs, sea

grasses, mangroves, strictly protected forests, buffer zones, etc) are to be avoided.

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f. Subprojects in extremely environmental hazardous areas (e.g., flooding, landslide, earthquake prone areas) are to be avoided, whenever possible, otherwise adequate and appropriate mitigating measures should be provided.

g. Subprojects that violate existing spatial plans and zoning regulations are to be avoided.

h. The water supply and sanitation facilities should be at least 100 feet away from each other.

32. Staffing requirements and budget. The CPDC and the Office of the General Manager of NWD will file the CNC applications for the Butuan City drainage and Nabunturan water supply subprojects, respectively. Such actions do not entail large expenditure requiring additional budget. Cost of monitoring of the construction and operation/maintenance of the subprojects shall be integrated in the regular budgets of the two LGUs.

33. The PENRO of Agusan del Sur will lead in the preparation of the IEER with the assistance from the Municipal Environment and Natural Resources Offices of the municipal LGUs where the subproject is located. The municipal/provincial LGUs shall allocate at least One Hundred Thousand Pesos (PhP100,000) for the updating of the IEER for the subproject prepared by the PPTA consultant. The environmental management and monitoring plans during construction will be implemented by the respective municipal LGUs (through their contractors) and consolidated by the PENRO in the form of SMR for submission to DENR. During operation, the same responsibilities shall apply. Budget for the monitoring shall be shared among the municipal and provincial LGUs.

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Agusan River Basin Integrated Water Resources Management Project Project Preparatory Technical Assistance

TA 7258-PHI

INVOLUNTARY RESETTLEMENT ASSESSMENT AND MEASURES

DRAFT

30 December 2010

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Table of Contents

Page Abbreviations iii 1 General Background 1

1.1 ADB’s policy on involuntary resettlement 1 1.2 Philippine laws and policies 1

2 ARBIWRMP Policy on involuntary resettlement 2

3 Preparation of the Draft Resettlement Framework 2

4 Preparation of Sub-project Resettlement Plans 3 5 Initial Assessment of Possible IR Impacts 4

5.1 Butuan City Drainage Improvement 5 5.2 Improvement of Municipal Water Supply Systems 7 5.3 Conserving Biodiversity in Agusan Marsh Wildlife

Sanctuary 8 5.4 Watershed Rehabilitation and Management 9

6 Vulnerability, Gender, Ethnicity Issues 11 7 Socio-economic Survey and Inventory of Losses 12

List of Tables Table 1: Categories of displaced persons by sub-project/ type of sub-project 5 Table 2: Proposed SPZs and Potential Impact on Existing Access of Wetlands Resource Users 9 List of Annexes Annex A: Resettlement Framework 13

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Abbreviations ADB Asian Development Bank ARBIWRMP Agusan River Basin Integrated Water Resource Management Project CADT Certificate of Ancestral Domain Title CBFMA Community-based Forest Management Agreement COC Certificate of Compliance CSC Certificate of Stewardship Contract DENR Department of Environment and Natural Resources EA Executing Agency EMA External Monitoring Agency FPIC Free and Prior Informed Consent GOP Government of the Philippines GRC Grievance Redress Committee IFMA Industrial Forest Management Agreement IOL Inventory of Losses IPRA Indigenous Peoples Rights Act IRR Implementing Rules and Regulations LGU Local Government Unit MFI Microfinance Institution MOA Memorandum of Agreement MOC Minutes of Consultations MTC Municipal Trial Court NGO Non-government Organization PAH Project Affected Household PAP Project Affected Person PCUP Presidential Commission for the Urban Poor PIB Project Information Booklet PIO Project Implementation Office PMO Project Management Office PPR Project Progress Report RA Republic Act RCS Replacement Cost Survey RO Resettlement Office RTC Regional Trial Court RP Resettlement Plan SES Socio-economic Survey SP Sangguniang Panlunsod (City Council) SPZ Strict Protection Zone

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1. GENERAL BACKGROUND

1. The ARBIWRM Project’s resettlement policy was developed based on a harmonization of existing Philippine laws covering land acquisition and resettlement and ADB’s involuntary resettlement safeguard policy (Safeguard Policy Statement 2009). ADB’s safeguard policies seek to avoid, minimize or mitigate adverse environmental and social impacts, as well as protect the rights of those likely to be affected or marginalized by a particular development project or intervention. Various Philippine laws likewise provide protection to vulnerable social groups which could be further disadvantaged by development processes. Among the laws considered were the Urban Development and Housing Act (UDHA), the Local Government Code (LGC) and the Indigenous People’s Rights Act (IPRA). In compliance with ADB policy, a resettlement plan (RP) will be prepared for any sub-project with known or anticipated involuntary resettlement impacts.

1.1 ADB’S POLICY ON INVOLUNTARY RESETTLEMENT

2. The ADB’s involuntary resettlement policy covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihood) as a result of i) involuntary acquisition of land, or ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

3. ADB’s policy on involuntary resettlement seeks to i) avoid involuntary resettlement wherever possible, ii) minimize involuntary resettlement by exploring project and design alternatives, iii) enhance, or at least restore, the livelihood of all displaced persons in real terms relative to pre-project levels and iv) improve the standards of living of the affected poor and other vulnerable groups (Safeguard Policy Statement 2009, Appendix 2).

4. The policy stipulates three important elements in involuntary resettlement, which are: (a) compensation for lost assets and loss of livelihood or income at replacement cost, (b) assistance in relocation including provision of relocation sites with appropriate facilities and access to social services, and (c) assistance with rehabilitation so as to achieve at least the same level of well-being with the subproject as before. ADB’s policy further prescribes that the absence of legal title to land is not a barrier to compensation and rehabilitation of affected people. All people adversely affected by the Project that ADB supports are entitled to the assistance to restore pre-project conditions through compensation, resettlement and livelihood restoration. The poorest and vulnerable affected people, including households headed by women, the elderly, disabled, ethnic minorities, and the landless, must be assisted to improve their socio-economic conditions.

1.2 PHILIPPINE LAWS AND POLICIES

5. Philippine laws similarly require just compensation for land and assets taken from their owners for development and infrastructure projects. However, while non-owners’ entitlement to compensation for lost assets is not clearly established in Philippine laws, the Urban Development and Housing Act (UDHA) does make mandatory the provision of resettlement sites equipped with adequate basic services to informal settlers who do not have legal titles. If resettlement cannot be provided, cash compensation is required.

6. Aside from laws that provide for compensatory measures, Philippine laws also mandate the observance of adequate consultation in the planning and implementation of development projects. The LGC in a more general sense, and the UDHA and IPRA, in more specific terms, require the conduct of consultative procedures involving households and persons directly to be affected by a development intervention. UDHA requires the conduct of

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consultations and issuance of timely and proper notice to families subject to physical relocation. IPRA requires stringent and specific procedures for securing the free prior and informed consent (FPIC) of indigenous peoples when projects are proposed or implemented in their ancestral domains.

2. ARBIWRMP POLICY ON INVOLUNTARY RESETTLEMENT

7. The ARBIWRM Project shall adopt the principle of treating the resettlement of project affected persons (PAPs) and project-affected households (PAHs) as a development project that will aim to improve, or at least restore, the PAPs’ levels of social, economic and cultural well-being. It shall aim to improve the standards of living of poor and vulnerable PAPs and shall not make the absence of a legal title a barrier to receiving compensation and/or resettlement assistance.

8. The resettlement and rehabilitation schemes to be implemented will take into account options that would minimize the costs of displacement to the PAPs. In the choice of resettlement sites, preference will be given to sites that are adjacent to the PAPs’ present areas of residence or at least within the same barangay. If no resettlement site of adequate size which can be acquired at reasonable cost can be found within the barangay, the next choice is an area within the same city/municipality.

9. As much as possible, relocation of PAHs to temporary or staging areas will be avoided. Relocation will not be undertaken until the resettlement sites are acquired and equipped with the necessary basic services to ensure acceptable living conditions for the PAHs.

10. Project-affected owners of land will be provided replacement land valued at replacement cost. Non-owners of land such as informal settlers and agricultural tenants shall be given plots in a relocation site in accordance with equivalent entitlements provided to informal settlers displaced by government infrastructure projects as prescribed by the Urban Development and Housing Act (UDHA) and its implementing rules and regulations (IRR). In all cases, security of tenure shall be assured to the resettled PAPs. The use of other forms of tenure, such as usufruct, could be resorted to if land ownership is not feasible for the selected sites.

11. The detailed policies are set forth in the ARBIWRMP Resettlement Framework (see Annex A) and reflected in sub-project resettlement plans (RPs).

3. PREPARATION OF THE DRAFT RESETTLEMENT FRAMEWORK

12. A draft Resettlement Framework (RF) has been prepared to guide the preparation of resettlement plans for sub-projects with identified IR impacts (See Annex A). The draft RF sets out the policies and procedures for implementing involuntary resettlement measures based on applicable laws of the Government of the Philippines, such as Republic Act 7279, or the Urban and Housing Development Act of 1992 (UDHA) and its Implementing Rules and Regulations (IRR), the Local Government Code (R.A. 7160), Indigenous Peoples Rights Act (R.A. and ADB’s Policy on Involuntary Resettlement (2009). If there are any gaps between the ADB’s policy requirements and the Government of the Philippines (GOP) policy as contained in existing laws and regulations, the ADB policy prevails. A detailed analysis and comparison of relevant ADB and GOP policies can be found in the Resettlement Framework (Annex A).

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4. PREPARATION OF SUB-PROJECT RESETTLEMENT PLANS

13. Based on the detailed design of the different sub-projects and the assessment of the extent and degree of IR impact, the Project will determine the requirements for the preparation of subproject RPs. The detailed design will, to the extent feasible, explore all viable options to reduce the need for off-site involuntary resettlement as such resettlement would result in the risk of impoverishment or decline in levels of well-being.

14. A Resettlement Plan is being prepared for the Butuan City Drainage Imrprovement sub-project as part of the PPTA. Preparations for the conduct of the census, inventory of losses, socio-economic survey and the replacement cost survey have been undertaken. Implementation of these surveys will take place from January to early March 2011.

15. The preparation of the subproject resettlement plan will consist of the following processes and activities:

Project disclosure through consultations - Project- and resettlement-related information will be provided to all PAPs and PAHs in a form and language they can understand. They will be closely consulted on compensation and/or resettlement options, including relocation sites, and socioeconomic rehabilitation measures and these consultations will be properly documented. Socioeconomic survey - The socioeconomic survey will collect information from 20 percent of the severely affected PAHs who have more than 10 percent of their productive capacity to be affected by the project and 10% of all other PAHs. The data to be collected will be disaggregated by gender. The purpose of the socio-economic survey is to provide baseline data on PAHs/PAPs for assessing resettlement and livelihood impacts, identifying poor and vulnerable persons and households, designing rehabilitation measures and targets, and resettlement monitoring. Census and Inventory of Losses - The census, inventory and detailed measurement of lost assets (IOL) will collect data on the affected assets from 100 percent of PAHs following detailed design.

Replacement Cost Survey – The replacement cost survey will obtain data on the value of affected assets and the cost of replacing them as a basis for compensation. Data will be obtained from residents, relevant government offices and businesses. For the replacement cost of residential land and housing, prevailing market values in the locality will be used. Site development costs will be estimated according to DPWH standard costs, following standard specifications as established by BP 220 for social housing projects. Costs for transportation and food allowances will be in accordance with the entitlements provided in the RP. Entitlements, assistance and benefits The principles that shall apply to the policies to be observed in the ARBIWRMP have been based on the gaps and consistencies identified between Philippine laws on resettlement and ADB resettlement policy. On the basis of these principles, the compensation and assistance to be provided to PAHs will be determined. The entitlements of different categories of PAHs are to be identified and presented in an entitlement matrix.

Eligibility Criteria and Identification of PAPs and PAHs All PAHs who will experience displacement and/or loss of assets and productive capacity are qualified to receive compensation, resettlement and rehabilitation or income

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restoration assistance under the ARBIWRMP. As proof of their eligibility, the name of the HH head of the PAH should appear in the master list generated from the census and IOL. The criteria for qualifying PAHs will be based on existing laws and policies of implementing agencies, in addition to being a resident of the site at the date of the conduct of the census and IOL. Grievance Redress Mechanisms A mechanism for receiving and facilitating the resolution of APs’ concerns and grievances, will be put in place in partnership with local and barangay officials and with the participation of the PAPs. To ensure that the mechanism is accessible to the APs, representatives from the affected households or persons will be made part of the Grievance Redress Committee. Information Disclosure, Consultation and Participation Consultations and information dissemination activities will be conducted to ensure that correct information is disseminated to various stakeholders, especially PAHs, and their needs, concerns and views are adequately taken in consideration in the decision making processes involved in project design, planning mitigation measures, sharing of development benefits and opportunities and implementation issues. The Project will undertake information dissemination and consultation activities throughout different stages of the project. In the consultations, particular attention will be paid to the needs and concerns of disadvantaged and vulnerable persons, particularly those with incomes below the poverty line, the landless, elderly, female headed households, women and children, indigenous peoples, persons with disability and those without legal title to land. Resettlement Budget and Financing Plan

The resettlement budget shall include all costs for the implementation of the RP, including the compensation, resettlement and rehabilitation assistance, operation of the resettlement office (administrative cost), staff training, monitoring and evaluation. It also describes the flow of funds as well as the sources of funds. It presents the assumptions made in calculating compensation and other cost estimates, such as replacement costs. Monitoring and Reporting. Internal monitoring will be conducted to track and assess the implementation of various aspects of the RP, particularly the setting up of the implementation arrangements and system, the delivery of entitlements, project disclosure and consultations, the grievance mechanism, assistance provided to vulnerable groups and the outcomes and benefits achieved by the resettlement and rehabilitation interventions. Indicators for the compliance with policies are identified. External monitoring is to be undertaken by an external monitoring agency (EMA) which shall assess whether stated resettlement policies have been dutifully observed and the objectives achieved. The effectiveness and impact of the interventions are also to be assessed based on a set of indicators.

5. INITIAL ASSESSMENT OF POSSIBLE IR IMPACTS

16. ARBIWRMP involves several components or sub-projects which could result in some economic or physical losses. An initial assessment of likely IR impacts showed that the only project likely to involve physical displacement is the Butuan City drainage project. In addition to displacing informal settlers, some right of way acquisition and disruptions to businesses would be involved in the drainage project which would require compensation for land and income losses incurred. Although there are no expected losses of land and tenure rights in the Agusan Marsh and watershed sub-projects, impacts on existing livelihoods, access to

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resources and incomes could occur. All the sub-projects could affect the existing livelihoods of some households, including poor and vulnerable ones, but these impacts are not expected to be significant in scope (number of affected households/persons) and degree (proportion of PAH’s total income or livelihood affected).

17. Table 1 presents the likely categories of physically and economically displaced persons by type of sub-project.

Table 1: Categories of Displaced Persons by Sub-project/ Type of Sub-project Sub-project/Type of sub-

project Categories of (possible)

physically displaced persons Categories of (possible) economically displaced

persons 1. Butuan city drainage improvement

- informal settlers occupying public land who stand to lose their houses

- legal owners of land subject to right-of-way acquisition for Langihan channel expansion, construction of new drainages, pumping stations - owners of business shops encroaching on existing drainages on privately-owned land

2. Agusan Marsh Biodiversity Conservation

- None likely - resource users (e.g. fishers, forest products gatherers) whose access to resources may become restricted as a result of the delineation and enforcement of strict protection zones (SPZs)

3. Municipal Water Supply - None likely - legal owners of land subject to right-of-way acquisition for the construction of wells, pumping stations, reservoir and access road

4. Rehabilitation of Priority Watersheds in Compostela Valley

- forest dwellers occupying areas to be delineated for forest protection

- farmers cultivating forest lands in areas delineated for forest protection - owners of trees in areas delineated for forest protection - resource users (small scale miners, timber and forest product gatherers) whose access to resources may become restricted as a result of the delineation of forest protection areas


5.1 BUTUAN CITY DRAINAGE IMPROVEMENT

18. Among the sub-projects being proposed for implementation that has been initially assessed as having potential IR impact is the Butuan City Drainage Improvement sub-project. The proposed improvement works consist of:

Construction of new drains in the flood-affected areas where there are currently no drainage systems.

Replacement of existing under-sized drains by larger drains to increase the flow-carrying capacity of the drains.

For closed/covered drains, construction of additional stormwater inlets (catch basins) in order to convey more flows from the surface and into the drains.

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Construction of flood/tide control gates and pump stations at selected locations to control incoming tides, flows from Agusan River and evacuation of local stormwater runoff by pumping excess flows.

Implementing the segments of Langihan and Maon-Villa Kananga-Libertad Creeks which was not carried out by the Cotabato-Agusan River Basin Development Project (CARBDP) because of problems with right-of-way and compensation issues.

19. Those portions of the Langihan and Maon-Villa Kananga-Libertad Creeks which encountered right-of-way and compensation issues under the CARBDP are the areas expected to be affected by resettlement issues under the ARBIWRMP.

20. Four types of impact are possible in the Butuan City drainage sub-project: 1) physical displacement of informal settlers residing on and along the Langihan creek; 2) loss of land by private landowners resulting from land acquisition for the possible widening of the Langihan creek channel; 3) loss of business shops and structures presently encroaching on existing drainages and right of way of new drainages to be built; and 4) temporary disruption to businesses during construction. It was mentioned during the stakeholders consultation that some existing drainages were built on private lands which have not been acquired by the city. Owners of these private lands will have to be compensated for land losses resulting from right of way acquisition.

21. Possible deterioration of the water quality resulting from increased pollution loading in the discharge channels was initially considered as potentially affecting the fishponds in the barangays of Ambago, Babag, Lumbocan, Masao and Pagatpatan. But initial environmental assessment of the sub-project reveals a net positive impact on the fishponds due to reduced flooding resulting from a more efficient drainage system. Moreover, the project will undertake mitigation measures to address possible effects on water quality.

Physical displacement of Informal settlers 22. Butuan City has an on-going resettlement program known as the Balangayan resettlement program for informal settlers occupying danger areas. The program covers all waterways including those currently residing along the Langihan creek in Barangay Obrero (also known as the “Lagoon”), which have been identified as possibly to be affected by the proposed drainage improvement sub-project. CARBDP has developed a 50-hectare resettlement site in Barangay Pagatpatan for the approximately 6,488 families to be relocated from the riverbanks of the Agusan River. Lagoon informal settlers have been allocated lots in the Pagatpatan resettlement site.

23. Two censuses were conducted in the area, the first in 2004 by CARBDP and the second in 2007 by the City Housing and Development Office (CHDO). A schedule for dismantling was prepared by the CHDO in May 2010 for the lagoon affected families, with demolitions to take place beginning in June 2010. A community assembly was held at which lagoon residents were informed of the commencement of demolition on June 1, 2010.

24. CARBDP and the City carried out tagging operations which yielded a total of 175 households qualified for relocation. The majority of these households have been relocated. There are, however, an additional more or less 100 structures that have not been tagged which may also have to be relocated depending on the final project design.

25. The remaining informal settlers on Langihan Creek will be considered as project-affected households subject to involuntary relocation, and therefore covered by ADB IR safeguard policies. The CHDO expressed the need for assistance for site development of the relocation site.CARBDP and the City carried out tagging operations which yielded a total

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of 175 households qualified for relocation. Of this number, the CHDO estimates that about 51 households have remained and these were asked to be given until October 18, 2010 to transfer to the relocation site.

Loss of land 26. Although the Water Code mandates a legal easement of three meters on each side of waterways, there are privately-owned lands overlapping the legal easement of Langihan creek. These lands may have to be acquired for the contemplated widening of the Langihan channel. Most of the affected property owners, except for one, were reportedly agreeable to the right of way acquisition initiated by CARBDP. It is expected that they will pose no opposition to the land acquisition. During the stakeholders consultation held in October 5, 2010, it was reported that there are some existing drainages that are on privately-owned land. Construction of the pumping stations may also involve some right of way acquisition. Concerns regarding just compensation for land owners and fair and consistent valuation of land were also raised.

Disruption to business 27. Construction of the drainages will entail some disruption to business in the construction sites for about two weeks. Shops can continue to operate but some inconvenience to showowners and customers is inevitable. Valuing the cost of disruption in terms of lost income will have to be determined and appropriate compensation provided.

5.2 IMPROVEMENT OF MUNICIPAL WATER SUPPLY SYSTEMS

28. Nabunturan Municipal Water Supply. The proposed interventions for the improvement of the water supply systems in the municipalities of Nabunturan and Montevista consist of:

drilling of wells as additional water sources installation of pumping stations laying of transmission and distribution pipelines construction of ground reservoir installation of additional service connections provision of access road going to the reservoir (for Nabunturan only)

29. The initial assessment showed that these interventions are not likely to result in physical or economic displacement. However, acquisition of land and right of way may involve the necessity of compensation for affected landowners possibly for the proposed reservoir to be constructed in Montevista and the access road to the reservoir proposed to be built in New Sibonga, Nabunturan. The proposed site of the reservoir in Nabunturan is owned by the LGU but the access road could pass through privately owned land. No access road is needed for the proposed reservoir in Montevista.

30. The location of the proposed additional wells and pumping stations (four in Nabunturan and one in Montevista) has not been determined yet. Pending the determination of the sites of these wells and pumping stations, the existence and identity of affected private landowners cannot be ascertained as of yet.

31. The other proposed interventions, namely the laying of transmission and distribution pipes, installation of additional service connections, provision of fire hydrants and standby power generating sets will not result in any displacement, livelihood impact or land acquisition.

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32. Esperanza Municipal Water Supply. The proposed interventions for this sub-project consist of:

drilling of new wells as additional sources of water supply construction of pumping stations construction of additional water storage facilities or reservoir laying of transmission and distribution pipes installation of additional service connections.

33. As in Nabunturan and Montevista, the proposed interventions for improving the water supply system in Esperanza have no likely involuntary resettlement impact. The development of 12 new wells and 6 water storage/reservoir facilities is being proposed for Phase I (up to year 2020). The barangays where these wells and reservoirs are to be located have been identified but their exact location has not been specified. The avoidance of physical displacement will be a major consideration in determining the location of these civil works. The extent of right of way acquisition to be necessitated by these improvements cannot yet be determined pending the specification of the location of the wells and reservoir.

34. There is no adverse impact on livelihoods anticipated.

5.3 CONSERVING BIODIVERSITY IN AGUSAN MARSH WILDLIFE SANCTUARY

35. Possible IR impact in the Agusan Marsh sub-project is more of economic, rather than physical, displacement. The interventions in the Agusan Marsh Biodiversity Conservation sub-project that could have some impact on existing livelihoods and host populations’ access to resources pertain to the delineation of Strict Protection Zones (SPZs) under the revised implementing rules and regulations of the NIPAS Act. Enforcement of the delineated SPZs would entail the strict protection of key wildlife habitats and ecologically critical areas, thereby potentially restricting existing access of IPs to resources for livelihoods. Occupants in the wetlands and residents in adjacent municipalities access fisheries, wild animals, firewood and forest products in the areas that form part of the Agusan marsh.

36. The delineation of the proposed SPZs took into account existing resource use by wetlands occupants and restricted the areas covered by the SPZs to areas not normally used because they are existing protected areas or where adjacent or easily accessible alternatives for resource use exist.

37. An initial assessment of the proposed SPZs showed no physical displacement necessary for the enforcement of the SPZs. The initial assessment also shows that there is minimal risk of livelihoods and access to resources being affected significantly.

38. The details of the proposed SPZs and their potential impact on existing livelihoods and resource access are presented in Table 2.

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Table 2: Proposed SPZs and Potential Impact on Existing Access of Wetlands Resource Users




resource access

1. Crocodile sanctuary (Bunawan) near Lake Mihaba

10 ha of forested swampland of known breeding area and habitat of crocodiles (Porosus) adjacent but not including Lake Mihaba

Lake Mihaba itself, an important fishing area will not be within SPZ. Some 18 households reside in floating houses near Lake Mihaba.


2. Bat colony near Lake Panlabuhan (Loreto)

11-12 ha proposed to protect colony of fruit bats

None No IP use or access issues expected

3. Lake Dinagat (Loreto)

Nesting area for purple heron and breeding habitat for Philippine crocodile

Lake is completely covered with water hyacinth and is impossible for access and fishing


4. Lake Mombogongon Fish Sanctuary (La Paz)

Small isolated part of Lake set aside as fish sanctuary. SPZ of 3 ha suggested

Area of Lake already designated as fish sanctuary by community (though some fishermen still set nets there)

SPZ would strengthen protection of the fish sanctuary

5. Sago forest near Lake Kalambiaham (La Paz)

The entire forest is 50 ha, of which 5ha would be designated as SPZ, as representative of this typical habitat of AMWS

Limited IP access, except for sago harvest,

IPs will have access in remaining 45 hectares; specific SPZ location within 50 hectares to be negotiated

6. Buyod (La Paz) Bird nesting area on slightly raised part of marsh, with saltwater spring and marsh gas production. 7 – 8 ha suggested as SPZ

IP Burial ground, but no problem for access for rituals. A few fruit trees planted belonging to one man, (planted by his grandfather)

SPZ access to be negotiated; compensation for fruit trees required if included in SPZ.

7. Caimpugan Peat Dome (San Francisco and Talacogon)

Unique peat habitat. Covers 5000 ha, suggested SPZ of 10% 50 ha to preserve the habitat without human influence. SPZ would be selected to be representative of different types furthest away from human access

IPs use peat dome for rattan and firewood collection, hunting, and Lake Kasawangan for fishing (but fish are small). Considered a scared area, but SPZ does not affect rituals.

SPZ location to be negotiated so that IP use and access is minimally affected

8. Lake Binoni (Talacogon)

Small deep lake with population of Porosus crocodiles. SPZ to be part of wooded riparian area.

Fishing in the lake Lake access and fishing not affected

Source: PPTA No. 7258-PHI Consultant.

5.4 WATERSHED REHABILITATION AND MANAGEMENT

39. The initial assessment of potential IR impact of the sub-project on the four priority watersheds in Compostela Valley showed no likely physical displacement resulting from the proposed interventions. Potential economic displacement is minimal, and any possible displacement can readily be avoided through purposive delineation of the reforestation and forest protection zones based to technical suitability and consultations with forest occupants in the areas where the various interventions would be undertaken. Identification of project-affected persons and planning the specific livelihood restoration measures to address possible livelihood impacts are contingent on the delineation of the specific project intervention sites. They will be identified through consultations with forest occupants, concerned barangay officials, and IP chieftains.

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40. Upper Agusan Watershed. The proposed interventions in the Upper Agusan Watershed consist of forest protection/ecotourism, reforestation, agroforestry and assisted natural regeneration in the following priority municipalities: Maragusan, New Bataan and Pantukan. There is also a proposal to construct two mine tailings dams/ponds in the watershed but their location has not yet been determined.

41. Participants in the consultations conducted with LGU officials and other stakeholders reported that there are existing logging, small-scale mining and farming activities in their respective barangays that could be affected specifically by the proposed forest protection, reforestation and agroforestry interventions. The likely impact would be restricted access to the forest resources (timber, mineral deposits, land for cultivation). There are existing IFMA and CBFM Agreements in some portions of the watershed, specifically in Barangays Araibo and Las Arenas in Pantukan. Once the specific sites for these interventions are delineated, the affected resource users will be identified. No risk of physical displacement was identified for any of the interventions.

42. Possible livelihood impacts may be addressed through alternative livelihood opportunities to be made available by the sub-project interventions themselves such as employment in eco-tourism, forest protection activities and reforestation activities, supply of seedlings and harvesting of agroforestry products. In addition, livelihood development will be pursued for the affected households as part of the IP and Social Development sub-project interventions. These interventions include the provision of entrepreneurship training, technical skills training and access to a livelihood fund.

43. Logum-Baobo Watershed. The proposed interventions in the Logum-Baobo Watershed consist of forest protection/ ecotourism, reforestation and agroforestry in the municipality of Laak. The entire watershed area in Laak is covered by a CADT. The ADSDPP of the CADT was already adopted and recognized by the Sangguniang Bayan and ready to be implemented. Hence the IPs would identify the projects contained in the ADSDPP which could be funded by the ARBIWRMP if approved.

44. The participants in the multistakeholder consultations, including representatives of the IPs, supported the proposed interventions and identified no adverse impacts on livelihoods if these interventions were to be pursued.

45. Naboc Watershed. The proposed interventions in the Naboc watershed consist of forest protection, reforestation, agroforestry, assisted natural regeneration and construction of a mine tailings dam/pond. Some timber-cutting and mining activities such as those carried out in Barangay Tubo-tubo may be affected by the proposed forest protection and reforestation interventions. In Barangay Upper Ulip, falcata growers, who are also CADT holders, may have to be prohibited from cutting their trees. Affected resource users in the watershed will be identified after the areas to be covered by the proposed interventions have been delineated.

46. The proposed construction of the mine tailings dam/pond in Sitio Mabatas, Barangay Upper Ulip is not expected to result in any physical displacement. There are no occupants residing in the proposed site which is a property of PMDC (Philippine Mining Development Corporation).

47. Some stakeholders have expressed concern over reported plans of PMDC to relocate existing carbon in pulp (CIP) processing plants in Barangay Mt. Diwata, thus displacing several bull mill and rod mill operators and laborers. The relocation of the processing plants is not among the proposed interventions of the ARBIWRMP. However, the construction of the mine tailings dam/pond would only make sense if the processing plans are also relocated.

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48. As in the Upper Agusan watershed, possible livelihood impacts in the Naboc watershed may be addressed through alternative livelihood opportunities to be made available by the sub-project interventions themselves such as employment in eco-tourism, forest protection activities and reforestation activities, supply of seedlings and harvesting of agroforestry products. In addition, livelihood development will be pursued for the affected households as part of the IP and Social Development sub-project interventions. These interventions include the provision of entrepreneurship training, technical skills training and access to a livelihood fund.

49. Manat Watershed. The proposed interventions in the Manat watershed consist of reforestation, agroforestry and assisted natural regeneration. There are protected landscapes in the hot springs in Barangay Mainit and Barangay Bukal in Nabunturan but the ARBIWRMP is not proposing any forest protection interventions in this watershed. Among the anticipated potential impact of the proposed interventions on existing livelihoods is on farmers cultivating lands in areas that could be designated as sites for reforestation and agroforestry. There is also concern about some falcatta growers who may have trees in the areas to be designated for reforestation. The specific sites for the different interventions have not yet been delineated. These cultivated lands could be excluded from the proposed agroforestry and reforestation areas as much as possible without compromising the effectiveness of these interventions on watershed protection.

50. Possible livelihood restoration measures would be employment opportunities in agro-forestry and reforestation and livelihood development programs to be developed as part of the IP and Social Development component of the watershed rehabilitation sub-projects.

6. VULNERABILITY, GENDER, ETHNICITY ISSUES

51. An initial assessment of the likely impacts of the sub-project interventions on certain vulnerable groups was carried out. Among the vulnerable groups that could potentially experience IR impacts are poor households in the various sub-project sites, poor women and indigenous peoples.

52. In the Butuan drainage sub-project, the vulnerable groups include informal settlers with incomes below the poverty line, whose sources of livelihood depend on their proximity to the market. If they are subjected to physical displacement, they would lose access to sources of income and the resulting additional cost of transportation to regain access to livelihood would be an excessive burden to these households.

53. In the municipal water supply sub-projects, there is little likelihood of negative impact on poor households. However, access issues might limit the access of poor households to the benefits of the project if these are not able to afford the service connections that would be made available as a result of the project.

54. In the watershed and Agusan Marsh sub-projects, the vulnerable households belong to indigenous peoples and the most vulnerable are the poor members and women of these IP communities. The IP population of the province of Agusan del Sur, site of the Agusan Marsh sub-project, is estimated at 28% of the provincial population. Majority belong to the Manobo tribe, with a few Higaonon, Banwaon, Kamayo and Talaandig. The Manobo are found in all fourteen municipalities of the province. In the Agusan Marsh, they are engaged in fishing and gathering of forest products. The poorest among them live in floating houses with no access to potable water and sanitation. Access to their traditional sources of livelihood could be affected by the enforcement of restrictions in the strict protection zones.

55. Based on the RRSA socio-economic survey conducted in the four priority watersheds of Compostela Valley (sample size of 267), 35% of the respondents had household incomes

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below P4000. These are the households considered most poor and economically vulnerable. Given that the poverty threshold of the province is P6195 (NSCB, 2007), the proportion of income-poor households could be in the range of 35%-50%. Seventy percent have an income of P8000 and below. Majority of the households are engaged in fishing and farming. Some are believed to be engaged in the prohibited practice of kaingin (slash and burn agriculture) Twenty-three percent of the respondent households are female-headed. Majority of the watershed occupants are settlers of ethnic origins coming from outside Mindanao. The biggest linguistic/ethnic groups are the Cebuanos (58%), Boholanos (16%), Waray (6%) and Ilongo (4%). Indigenous peoples are a minority, comprising only 12% of the respondents. The biggest IP groups in the sample are the Mandaya (5.2%), Dibabaw’n (3.4%) and Surigaonon/Kamayo (2.6%). The most vulnerable households would be those belonging to an IP group, that are at the same time income-poor (with incomes below the poverty threshold) and female-headed.

56. Based on the socio-economic profile, the non-IP ethnic groups dominate the watershed area in terms of population. Sub-project interventions must be sensitive to possible issues relating to the distribution of project benefits between IP and non-IP groups and also amongst different IP groups. Participation mechanisms should strive to be as inclusive as possible, making sure that all ethnic groups are represented or at least have access to them.

57. As in the Agusan Marsh, some poor and IP households could be in danger of losing all or part of their access to traditional sources of livelihood once strict protection regulations are implemented in the watershed areas as part of the sub-project interventions involving forest protection and reforestation. The RRSA revealed that lack of income and employment opportunities are the top two concerns of women. Potential livelihood impacts, should they occur, will therefore most likely affect women who are mostly responsible for looking after the well-being of the entire household.

58. It is not likely that there will be tenure issues involving IPs and watershed occupants and users as the project is committed to recognizing existing tenure claims based on instruments such as the CADT, CBFMA and Certificates of Stewardship Contracts (CSCs).

7. SOCIO-ECONOMIC SURVEY AND INVENTORY OF LOSSES

59. The conduct of a census, socio-economic survey (SES) of PAHs and PAPs and taking an inventory of losses (IOL) are the next critical activities towards the preparation of sub-project resettlement plans. Preparation for the conduct of these activities has started for the Butuan City Drainage sub-project and the actual surveys will take place in January to early March 2011. The methods and data requirements for these activities are spelled out in the Resettlement Framework (Annex A).

60. Survey firms will be contracted to carry out the Census, SES,IOL and RCS. The Terms of Reference for the conduct of these activities have been drafted (Annexes B and E of the RF).

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Annex A

Agusan River Basin Integrated Water Resources Management Project Project Preparatory Technical Assistance

TA 7258-PHI

RESETTLEMENT FRAMEWORK

30 December 2010

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TABLE OF CONTENTS

Definition of Terms 16 Abbreviations 19 I. Introduction 20 A. Project Description 20

II. Objectives, Policy Framework and Entitlements 21 A. Philippine Laws, Executive Issuances and Regulations 21 B. ADB policy on Involuntary Resettlement 23 C. Gap Analysis and Gap-Filling Measures 25 D. Project Principles and Policies 30 E. Criteria for Screening and Selecting Sub-projects and/or Components 32 F. Eligibility Criteria and Identification of Affected Households and Persons 32 G. Number and categories of displaced persons 33

III. Socio-economic Information 34 A. Socio-economic Survey 34 B. Inventory of Losses Survey 35 C. Valuation of Affected Assets 36 D. Replacement Cost Survey 36

IV. Consultation, Participation and Disclosure 36 A. Consultations 37 B. Institutional Arrangements 38 C. Disclosure of Resettlement Plan 38

V. Relocation, Compensation and Income Restoration 39 A. Relocation Strategy 39 B. Compensation Measures 40 C. Vulnerability, Gender, Ethnicity Issues and Measures 44 D. Livelihood Restoration Strategy 45 VI. Grievance Redress 45 A. Non-Indigenous Peoples 46 B. Indigenous Peoples 47 VII. Institutional Arrangements and Implementation 47 A. Institutional Capacities 47 B. Delivery of Entitlements 49 C. Resettlement Plan Preparation and Implementation 49 D. Implementation Activities 52 E. Implementation Schedule 55 VIII. Budget and Financing 56 IX. Monitoring and Reporting 57 A. Internal Monitoring 57 B. External Monitoring 59 C. Monitoring in Indigenous People Areas 62

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List of Tables

Table 1: Comparison of Applicable Philippine Laws and ADB Resettlement Policy 25 Table 2: Categories and Estimated Number of Displaced Persons by Sub-project/ Group of Sub-projects 34 Table 3: Entitlement Matrix for Project Affected Households 41 Table 4: Project Stages, Activities and Responsible Agencies 50 Table 5: Allowable RP Costs and Budget Line Items 57 Table 6: Resettlement Activities Subject to Internal Monitoring, Indicators and Sources of Information 57 Table 7: External Monitoring Indicators 60

List of Figures

Figure 1: Resettlement Plan Implementation Schedule 55

List of Appendices

A: Outline of a Resettlement Plan 64 B: Terms of Reference of the Socio-economic Survey and Inventory of Losses 68 C: Sample Household Socio-economic and Inventory of Losses Questionnaire 74 D: Sample Inventory of Losses Summary Template 79 E: Sample Terms of Reference for the Replacement Cost Survey 80 F: Philippine Laws and Statutes on Resettlement 83 G: Sample Project Information Booklet 85 H: Consultation Framework of RP Preparation and Implementation 88 I: Sample Terms of Reference for Resettlement Specialist 89

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DEFINITION OF TERMS

Affected People (APs) includes any person or entity (including households) or organization affected by the Project, who, on account of the involuntary acquisition of assets in support of the implementation of the Project, would have their (i) standard of living adversely affected; (ii) right, title or interest in all or any part of a house and buildings, pavements and other physical improvements, land (including residential, commercial, agricultural, plantations, forest and grazing land) water resources, annual or perennial crops and trees, or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily; and (iii) business, profession, work or source of income and livelihood lost partly or totally, permanently or temporarily. Ancestral domain/land refers to areas generally belonging to indigenous cultural communities, including ancestral lands, forests, pasture, residential land, agricultural land, hunting grounds, worship areas and lands no longer occupied exclusively by indigenous cultural communities but to which they had traditional access, particularly the home ridges of indigenous cultural communities who are still nomadic or shifting cultivators. It also include inland waters and coastal areas and the natural resources therein. Compensation refers to payment in cash or in-kind at replacement cost for an asset affected or to be acquired by the Project. Eligibility cut-off date is the date that is determined by the appropriate authority, such as the project implementing agency, on which the eligibility of affected persons would be based. For purposes of this Resettlement Framework, the cut-off date will be the date when the census for the RP is completed. Eligibility Criteria is the set of conditions that form the basis for determining if a person or entity is entitled to compensation or assistance to be provided by the Project on account of land acquisition or resettlement impacts from the Project. Entitlements refers to the set of measures comprising compensation to affected persons in cash and/or in kind payment for loss of land and non-land assets, including assistance for income restoration, transfer and transitional assistance, depending on the degree and type of loss incurred. Household refers to all persons living and eating together as a single unit whether or not related by blood or affinity to each other, as determined by the census conducted for the preparation of the resettlement plan. Income restoration means rehabilitating or reestablishing income sources and livelihoods of affected persons to pre-project levels, and in the case of poor and vulnerable groups, improve their standards of living to at least national minimum standards. Inventory of losses is the process where all fixed assets (i.e., lands used for residence, commerce, agriculture, including ponds; dwelling units; stalls and shops; secondary structures, such as fences, storage structures, tombs, wells; trees with commercial value; etc.) and sources of income and livelihood inside the Project right-of-way (project area) are identified, measured, their owners identified, their exact location specified, and their replacement costs calculated. Additionally, the severity of impact to the livelihood and productive capacity of APs is determined. Involuntary Resettlement refers to any physical displacement (relocation, loss of residential land, or loss of shelter) or economic displacement (loss of land, assets, access to assets,

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income sources, or means of livelihood) which are forced on the affected persons as a result of (i) acquisition of land, or (ii) restrictions on land use or on access to legally designated parks and protected areas, whether the losses and restrictions are full or partial, permanent or temporary. Resettlement is considered involuntary when affected persons do not have the right to refuse land acquisition or the restrictions on land use that result in displacement, whether physical or economic. Land Acquisition is the process whereby a person is compelled by the Government through the Executing Agency of the Project to alienate all or part of the land s/he owns or possesses in favor of the government in the implementation of the Project or any of its components in return for consideration. Relocation is the physical shifting of an AP from his/her pre-project place of residence and/or business to another place. Replacement Cost is the amount in cash or in-kind needed to replace an asset and is the value determined as compensation for:

a. Agricultural land based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent sales, based on assessed value; b. Residential land based on market prices that reflect recent land sales prior to the commencement of the Project or displacement, and in the absence of such recent land sales, based on similar location attributes; c. Houses and other related structures based on current market prices of materials and labor without depreciation nor deductions for salvaged building materials; d. Crops based on current market value; e. Trees and other perennials based on current market value; and f. Other assets (i.e., income, community facilities) based on replacement cost or the cost of mitigating measures.

Rehabilitation means assistance provided to severely affected APs due to the loss of 10% or more of productive assets (i.e., farmland, crops and trees, vegetable garden, etc.), incomes, and employment or when sources of income such as shops and place of employment have to be reconstructed completely and/or relocated. The livelihood support may be given in cash or in kind or a combination of the two in order to improve, or at least achieve full restoration of living standards to pre-project levels. Resettlement refers to all measures taken by the Project proponents to mitigate any and all adverse social impacts of the Project on the APs, including compensation for lost assets and incomes, and the provision of other entitlements, income restoration assistance, and relocation of dwellings as needed. Resettlement is significant where 200 or more people experience major impacts. Major impacts are defined as involving affected people being: (i) physically displaced from housing/dwelling units and/or (ii) having 10% or more of their productive, income generating assets lost; and/or (iii) lose more than 40% of their residential structure. Affected people experiencing major impacts are referred to as ‘severely affected APs’. Severely Affected Persons are those who experience significant /major impacts due to (i) loss of 10% or more of their productive, income-generating assets and /or (ii) being physically displaced from housing, place of residence and sources of income. Strict Protection Zone refers to areas that have been determined to have high biodiversity value which shall be closed to all human activity except for scientific studies and/or ceremonial or religious use by indigenous communities.

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Structures and structural losses refer to losses of constructed assets, residential houses, pavements, driveways, institutional structures, utility structures, business structures with residence attached to it and other income producing spaces.

Vulnerable Groups are distinct groups of people who might suffer disproportionately or face the risk of being further marginalized by the effects of resettlement and specifically include: (i) households headed by women, the elderly or disabled, (ii) households living below the poverty threshold, (iii) the landless, and (iv) indigenous people and ethnic minorities

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ABBREVIATIONS ADB Asian Development Bank ARBIWRMP Agusan River Basin Integrated Water Resource Management Project BETB Benefit Evaluation Team of Beneficiaries CADT Certificate of Ancestral Domain Title CBFMA Community-based Forest Management Agreement COC Certificate of Compliance CSC Certificate of Stewardship Contract DENR Department of Environment and Natural Resources DILG Department of Interior and Local Government DND Department of National Defense EA Executing Agency EMA External Monitoring Agency FPIC Free and Prior Informed Consent GOP Government of the Philippines GRC Grievance Redress Committee IFMA Industrial Forest Management Agreement IOL Inventory of Losses IPP Indigenous Peoples Plan IPRA Indigenous Peoples Rights Act IRR Implementing Rules and Regulations LGU Local Government Unit LWUA Local Water Utilities Administration MFI Microfinance Institution MOA Memorandum of Agreement MOC Minutes of Consultations MTC Municipal Trial Court NGO Non-government Organization PAH Project Affected Household PAMB Protected Area Management Bureau PAP Project Affected Person PASu Protected Area Superintendent PCUP Presidential Commission for the Urban Poor PIB Project Information Booklet PIO Project Implementation Office PMU Project Management Unit PPR Project Progress Report RA Republic Act RO Resettlement Office RTC Regional Trial Court RP Resettlement Plan SP Sangguniang Panlunsod (City Council) SPS Safeguard Policy Statement SPZ Strict Protection Zone WD Water District WMU Watershed Management Unit WUG Water User Group

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I. Introduction A. Project Description The Agusan River Basin Integrated Water Resource Management Project (ARBIWRMP) is a package of institutional and infrastructure interventions that aims to address the problems of watershed degradation and deteriorating river water quality in the Agusan River Basin. Building on the recommendations of the Master Plan Final Report (May 2008) that was prepared to recommend priority projects, the ARBIWRMP investment package seeks to strengthen the institutional basis for coordinated development and management of the basin’s resources and enhance the management capacities of the relevant institutions. The ARBIWRMP involves several components or sub-projects, some of which have potential involuntary resettlement impacts, among them 1) the Butuan city drainage improvement Phase 1 sub-project, 2) rehabilitation of priority watersheds in Compostela Valley and Agusan del Sur, 3) Agusan Marsh Biodiversity Conservation, and 4) Municipal water supply in Nabunturan, Esperanza, Prosperidad and other municipalities in Agusan Sur and Compostela Valley. B. Anticipated Involuntary Resettlement Impact The sub-projects of the ARBIWRMP which have potential involuntary resettlement impact are of two categories depending on the nature of the sub-project interventions. The first is of the nature of infrastructure and to this category would belong the Butuan city drainage project and the municipal water supply projects. The second category is natural resource management, under which would fall the Agusan Marsh biodiversity conservation and the watershed rehabilitation sub-projects. Among the proposed sub-projects which could result in significant physical displacement is the Butuan City drainage improvement Phase 1 sub-project for the central business district. Four types of impact are possible in this sub-project: 1) physical displacement of informal settlers residing on and along the Langihan creek; 2) loss of land by private landowners resulting from land acquisition for the possible widening of the Langihan creek channel; 3) loss of business shops and structures presently encroaching on existing drainages and right of way of new drainages to be built; and 4) temporary disruption to businesses during construction. The proposed interventions for the improvement of the water supply systems in the target municipalities are not likely to result in physical or economic displacement. However, acquisition of land and right of way may involve the necessity of compensation for affected private landowners such as the access road to the reservoir proposed to be built in New Sibonga, Nabunturan. Initial assessment of the proposed interventions in the Agusan Marsh Biodiversity Conservation and Priority Watersheds Management sub-projects revealed no necessity for physical relocation. Some livelihoods could be affected by restrictions on resource use in the proposed strict protection zones (SPZs) in the Agusan Marsh and the proposed areas for protection and reforestation in the priority watersheds in Compostela Valley and Agusan del Sur. These effects, however, are likely to be minimal and measures will be taken in the delineation of protection areas to avoid any significant physical or economic impact. The proposed mine tailings dam in Mabatas in the Naboc Watershed will not entail physical relocation because there are no residents in the proposed site. The location of the proposed mine tailings dam in the Upper Agusan watershed is yet to be determined.

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C. Rationale for Resettlement Framework Each sub-project with anticipated resettlement impacts shall prepare a sub-project resettlement plan (RP) based on this resettlement framework. Of the sub-projects under the category of infrastructure, a resettlement plan will be prepared for the Butuan City drainage sub-project. The municipal water supply projects are not expected to result in physical or economic displacement and therefore no resettlement plan for these projects needs to be prepared before project appraisal. Of the sub-projects under the category of natural resource management, no resettlement plan will be needed for the Agusan Marsh biodiversity sub-project. Determination of the proposed strict protection zones (SPZs) was based on existing restrictions already being observed in the area and used criteria which purposely avoided and limited potential physical and economic displacement. Therefore no involuntary resettlement impact is anticipated.

In the case of the watershed rehabilitation sub-projects, the affected persons and degree of impact cannot as yet be determined as resource use zones and the boundaries of area-specific sub-project interventions have yet to be delineated and identified through a participatory, community-driven process. For this type of project, community ownership and consent of the delineation of appropriate resource use zones and restrictions are vital for the success and sustainability of the interventions. Pending the determination of the specific location of the proposed reforestation and forest protection interventions, the preparation of the corresponding resettlement plans cannot be done before project appraisal. However, the Resettlement Framework will be used as basis for the preparation of a resettlement plan in the event that any economic or physical displacement would occur in the course of project implementation.

II. Objectives, Policy Framework and Entitlements The Resettlement Framework aims to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels, and to improve the standards of living of the displaced poor and other vulnerable groups. This policy objective is based on existing Philippine laws and executive issuances related to land acquisition and resettlement, including the provision of compensation and assistance to displaced and affected households and entities, as well as ADB Safeguard Policy Statement (SPS). A. Philippine Laws, Executive Issuances and Regulations The 1987 Philippine Constitution affirms the state’s duty to promote social justice (Article II, Section 10) and protect the dignity of every human person by guaranteeing full respect for human rights (Article II, Section 11). Article III, Section 9 further states that private property shall not be taken for public use without just compensation and free access to the courts and quasi-judicial bodies as well as adequate legal assistance shall not be denied to any person by reason of poverty (Article III Section 11). Finally, Article XIII, Section 10 states that urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with the law and in a just humane manner. Based on the above constitutional provisions, several laws and statutes were legislated and enacted to govern the implementation of resettlement in the Philippines. They deal on different aspects of resettlement and have been adopted in the ARBIWRMP for compliance in the preparation and implementation of the resettlement plan.

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With regard the right of the state to acquire private properties, Republic Act (RA) 8974 An Act to facilitate the acquisition of right-of-way, site or location of national government infrastructure projects, provides guidelines for expropriation proceedings, negotiated sale, valuation of land and improvements. RA 7160 affirms the local governments’ exercise of eminent domain and therefore gives them the power to acquire private lands for public use. Executive Order 1035 issued in 1985 provides the procedures and guidelines for the expeditious acquisition by the government of private real properties or rights thereon for infrastructure and other government development projects and the payment of compensation to agricultural tenants, farmers, cultural minorities (indigenous peoples) and settlers.

Various laws and executive issuances recognize different tenure claims on forest lands, among them the 1) Certificate of Ancestral Domain Title (CADT), provided under the RA. 8371 Indigenous Peoples’ Rights Act (IPRA), 2) Community-based Forest Management Agreement (CBFMA), by virtue of DENR Administrative Order No. 42, 3) Industrial Forest Management Agreement (IFMA) and the 4) Certificate of Stewardship Contract (CSC). These claims will have to be recognized where they exist, and be provided due compensation if any loss of productive asset or income is incurred as a result of the ARBIWRMP. With regard compensation, R.A. 8974, Sections 8, 9, 10 and 13 provides for the compensation of affected properties based on current market prices. Further, it stipulates that valuation of improvements and/or structures on land to be acquired shall be based on the replacement cost, defined as the amount necessary to replace the structure or improvement based on the current market prices for materials, equipment, labor, contractor’s profit and overhead, and all other attendant costs associated with the acquisition and installation in place of the affected improvements/installation. Executive Order 1035 stipulates (i) the provision of financial assistance to displaced tenants, indigenous peoples, and settlers equivalent to the average annual gross harvest for the last 3 years and not less that PhP15, 000 per ha., (ii) disturbance compensation to agricultural lessees equivalent to 5 times the average gross harvest during the last 5 years, and (iii) Compensation for improvements on land acquired under Commonwealth Act 141.

R.A. 7279, or the Urban Development and Housing Act (Sec. 28) requires the provision of “adequate relocation” with basic services and facilities and relocation assistance; if a relocation site cannot be provided, cash compensation equivalent to 60 days multiplied by the minimum wage shall be given by the local government unit. Chapter III of R.A. 8371, or the Indigenous Peoples Rights Act (IPRA), guarantees indigenous peoples’ (i) right to receive just and fair compensation for any damages inflicted by or as a result of any project, government or private; (ii) right to stay in their territory and not be removed from that territory. If relocation is necessary as an exceptional measure, it can only take place with the free and prior informed consent of the IPs and ICCs concerned; and (iii) right to be secure in the lands to which they have been resettled. There are laws that categorically require consultation with affected households and communities in case an infrastructure project is to be implemented. RA 7160, or the Local Government Code provides for the conduct of prior consultation with affected communities on any project and requires the approval of the concerned Sangguniang Panglunsod, (city council). RA 7279 or UDHA requires consultations with affected persons and communities that are subject to involuntary relocation. These consultations have to be properly documented. R.A 8371 or IPRA protects the right of indigenous peoples to participate in decision-making on matters affecting their rights, lives and destinies, to decide priorities for development and to participate in the formulation and implementation of plans and programs

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for national, regional and local development. The National Commission on Indigenous Peoples (NCIP) created by IPRA issued Administrative Oder No. 1 which is the Free and Prior Informed Consent (FPIC) Guidelines of 2006. Regarding rehabilitation, RA 7279 and its implementing rules and regulations specifically require the provision of basic services and livelihood opportunities in the resettlement sites to satisfy the resettled peoples’ basic needs. B. ADB policy on Involuntary Resettlement ADB’s Safeguard Policy Statement (2009) policy on involuntary resettlement has the following objectives: i) avoid involuntary resettlement wherever possible, ii) minimize involuntary resettlement by exploring project and design alternatives, iii) enhance, or at least restore, the livelihood of all displaced persons in real terms relative to pre-project levels and iv) improve the standards of living of the affected poor and other vulnerable groups. The policy stipulates three important elements in involuntary resettlement, which are: (a) compensation for lost assets and loss of livelihood or income at replacement cost, (b) assistance in relocation including provision of relocation sites with appropriate facilities and access to social services, and (c) assistance with rehabilitation so as to achieve at least the same level of well-being with the subproject as before. Projects to be financed by ADB are expected to observe the following policy principles:

a. Screen the project early on to identify past, present and future involuntary resettlement impacts and risks. Determine the scope of resettlement through a survey and or census of displaced persons, including gender analysis, specifically related to resettlement impacts and risks. b. Carry out meaningful consultations with affected persons, host communities and concerned NGOs. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, women, elderly, children and indigenous peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism. c. Improve, or at least restore, the livelihood of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land-based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. d. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and productive opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

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e. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal affordable access to adequate housing. f. Develop procedures in a transparent, consistent and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. g. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets. h. Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget and time-bound implementation schedule. i. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. j. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. k. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. l. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring results.

ADB’s SPS also provides more specific policies to be observed by the borrower/client with regard compensation to displaced persons. These are:

a. The absence of legal title to land is not a barrier to compensation and rehabilitation of affected people. All people adversely affected by the Project that the Bank supports are entitled to the assistance to restore pre-project conditions through compensation, resettlement and livelihood restoration. The poorest and vulnerable affected people, including households headed by women, the elderly, disabled, ethnic minorities, and the landless, must be assisted to improve their socio-economic conditions. b. The rate of compensation for acquired housing, land and other assets will be calculated at full replacement cost. The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) accrued interest; (iv) transitional and restoration costs; and (v) other applicable payments, if any. In the calculation, depreciation of structures will not be taken into account. It is expected that qualified and experienced experts will undertake the valuation of acquired assets.

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c. In the case of economically displaced persons, the borrower/client will promptly compensate for the loss of income or livelihood sources at full replacement cost. The borrower/client will compensate economically displaced persons for lost assets such as crops, irrigation infrastructure, and other improvements made to the land (but not for the land) at full replacement cost. In cases where land affects commercial structures, affected business owners are entitled to (i) the cost of reestablishing commercial activities elsewhere; ii) the net income lost during the transition period; and (iii) the costs of transferring and reinstalling plant, machinery and other equipment. Business owners with legal rights or recognized or recognizable claims to land where they carry out commercial activities are entitled to replacement property of equal or greater value or cash compensation at full replacement cost. d. The borrower/client will ensure that no physical displacement or economic displacement will occur until (i) compensation at full replacement cost has been paid to each displaced person, (ii) other entitlements listed in the resettlement plan have been provided to displaced persons, and (iii) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to help displaced persons improve, or at least restore, their incomes and livelihoods.

C. Gap Analysis and Gap-Filling Measures In the design of compensation and entitlements of AHs, consideration was given to the resettlement policies of the Philippine Government and ADB’s safeguard policies on involuntary resettlement (Table 1).

Table 1: Comparison of Applicable Philippine Laws and ADB Resettlement Policy Item with Gap

in Policy Philippine Laws /

Policies on Involuntary

Resettlement

ADB’s Involuntary Resettlement

Policy Requirements

Measures to Address the Gap

Compensation to affected persons without legal titles

Section 13 of the IRR of R.A. No. 8974, does not provide for compensation to informal settlers, renters and vulnerable group(s), nor restoration of pre-project levels of well-being However, The UDHA, IRR Section 1-b defines all actual occupants, regardless of ownership, of a housing structure at the time of census as entitled to housing assistance

The absence of legal title to land is not a barrier to compensation and rehabilitation of affected people. All people adversely affected by the Project that the Bank supports are entitled to the assistance to restore pre-project conditions through compensation, resettlement and livelihood restoration.

The Project shall adopt a policy of aiming to improve the standards of living of poor and vulnerable PAPs and not making the absence of a legal title a barrier to receiving compensation and/or resettlement assistance.

Basis for compensation of affected land and structures

1. Section 13 of the IRR of R.A. No. 8974 provides for the compensation of affected properties based on current market values as set forth in Sections 8, 9 and 10. Further, that valuation of improvements and/or structures on land to be acquired shall be based on the

Compensation for lost land and assets is to be provided at full replacement cost; The calculation of full replacement cost will be based on the following elements: (i) fair market value; (ii) transaction costs; (iii) accrued interest; (iv) transitional and restoration costs; and (v)

The project will adopt a compensation policy based on full replacement cost based on : (i) fair market value; (ii) transaction costs; (iii) transitional and restoration costs; and (iv) other applicable payments, if any. In the calculation, depreciation of structures will not be taken into

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Item with Gap in Policy

Philippine Laws / Policies on Involuntary

Resettlement


Policy Requirements


replacement cost, defined as the amount necessary to replace the structure or improvement based on the current market prices for materials, equipment, labor, contractor’s profit and overhead, and all other attendant costs associated with the acquisition and installation in place of the affected improvements/ installation.

other applicable payments, if any. In the calculation, depreciation of structures will not be taken into account.

account.

Assistance to economically displaced persons

No specific law providing for assistance or compensation to affected persons for lost productive capacity or income

Promptly compensate all economically displaced persons for the loss of income or livelihood sources at full replacement cost, and assist through credit facilities, training and employment opportunities

Persons whose productive capacity and/or income will be affected in any way will be provided compensation to make up for the lost income or productivity.

Resettlement assistance to physically displaced persons

R.A. No. 7279 –UDHA, Article VII, Sec. 28 (8) applies to displaced informal settlers in urban areas. Displaced persons should be provided a relocation site but should relocation not be possible within the said period (Note: 45 days from serving of notice) financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by 60 days shall be extended to families by the local government unit concerned. EO No. 1035, Sec. 18 applies to displaced persons in rural areas. : The government implementing agencies/ instrumentalities concerned shall extend financial assistance to the displaced tenants of agricultural lands, cultural minorities and settlers who are duly accredited by the Ministry of Agrarian Reform/Bureau of Forest Development/Office of Muslim Affairs and Cultural Communities… Provided that in no case shall the financial assistance be less than

Physically and economically displaced persons should be provided with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and productive opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

All physically displaced persons, whether in urban or rural areas, including IPs, shall be provided resettlement assistance, including the following: (i) secure tenure in relocation land, better housing at resettlement sites with comparable access to employment and productive opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

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Resettlement


Policy Requirements


P15,000/ha While financial assistance will be given to displaced agricultural tenants and settlers, the financial assistance is not necessarily equivalent to full replacement cost of affected productive assets nor is resettlement assistance mandatory. R.A. 8371 (IPRA) Chapter III affirms the following rights of IPs: (i) the right to receive just and fair compensation for any damages inflicted by or as a result of any project, government or private; (ii) right to stay in their territory and not be removed from that territory. If relocation is necessary as an exceptional measure, it can only take place with the free and prior informed consent of the IPs and ICCs concerned; and (iii) right to be secure in the lands to which they have been resettled.

Consultation with affected persons

R.A. No. 7279 – UDHA, Article VII, Sec. 28 (2). Adequate consultations on the matter of resettlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated IRR of UDHA Sec. 3 (e.1): The LGU or government agency authorized to demolish shall preside over the consultation meetings to be attended by the barangay chairman, the affected families and the landowners or their duly designated representatives to discuss … available options other than resettlement, possible relocation sites, roles of agencies involved. R.A. 8371 (IPRA) Sections 16,

Affected people should be informed fully and closely consulted on resettlement and compensation options. Particular attention shall be paid to the needs and concerns of vulnerable groups.

All the relevant Philippine laws governing consultations in relation to development projects will be observed, particularly the requirements on documented consultations, securing FPIC for projects involving IPs and their communities, and securing the approval of the LGU through the city/municipal council before any development project is implemented. In addition, in compliance with ADB safeguard requirements, during consultations, the EA and/or the IA shall present visual aids and information materials written in the language that should be understood by the community, project beneficiaries and the AHs. Particular attention shall be paid to the needs and concerns of women and vulnerable groups.

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Resettlement


Policy Requirements


17 Protects the right of indigenous peoples to decide priorities for development and to participate in the formulation and implementation of plans and programs for national, regional and local development. Section 3 of IPRA provides for Free and Prior Informed Consent: The IPs shall have the right to accept or reject a certain development intervention in their particular communities. The IPs’ decision to accept or reject a certain policy, program or plan shall be assessed in accordance with their development framework and their value systems for the protection of land and resources R.A. No. 7160, Sec. 2 (c). It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultation with appropriate local government units, nongovernmental and people’s organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. R.A. No. 7160, Sec. 27. No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, That occupants in the areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.

Eligibility cut-off date

RA 7279 limits the applicability of the law to homeless and underprivileged persons who

Affected people are to be identified and recorded as early as possible in order to

The LGUs will establish the cut-off date of the census. The established cut-off date will be

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Resettlement


Policy Requirements


have occupied their present dwellings as of the date of the enactment of the said law, which is March 24, 1992. This implies that the entitlement and protection given by the law to informal settlers will only apply to those who have resided in their present dwelling as of said date.

establish their eligibility through a population record or census that serves as an eligibility cutoff date.

disclosed by the LGU to the project beneficiaries as the official population record. If no specific cut-off date has been established by the LGU, the last day of the census and inventory of losses that has been carried out by the LGU in the barangay (village) as part of the resettlement planning process will represent the cut-off date for eligibility. If a prior census has been carried out by the LGU, for which due notice was given to the affected households, the LGU may opt to use this as the cut-off date for a specific sub-project

Grievance and Redress mechanism

The IRR of UDHA law defines the roles of relevant institutions before, during and after the resettlement of AHs. However, the UDHA Law does not provide for grievance and redress committees and compensation committees, and neither are these provided for in R.A. No. 8974. IRR of R.A. No. 8974, Section 13 states that should the property owner concerned contest the preferred value of the Implementing Agency, the Court shall determine the just compensation to be paid to the owner within sixty (60) days from the date of filing the expropriation case, considering the standards set out in Sections 8, 9 and 10 hereof, pursuant to Section 5 of the Act. When the decision of the Court becomes final and executory, the Implementing Agency shall pay the owner the difference between the amount already paid as provided for in Section 8 (a) hereof and the just compensation determined by the court, pursuant to Section 4 of the Act

ADB Policy requires the institution of a grievance redress mechanism

A grievance redress mechanism will be established to decide on conflicts and complaints. Decisions issued by this body will be binding on the parties concerned, without prejudice to the landowner or affected person filing a case with the relevant court to contest the compensation provided, in accordance with R.A. 8974, or to seek redress for any grievance related to the project.

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D. Project Principles and Policies

The ARBIWRM Project’s policy on involuntary resettlement is based on a harmonization of existing Philippine laws covering land acquisition and resettlement and ADB’s safeguard policy (Safeguard Policy Statement 2009). The ARBIWRM Project shall adopt the principle of treating the resettlement of project affected persons (PAPs) and project-affected households (PAHs) as a development project that will aim to improve, or at least restore, the PAPs’ levels of social, economic and cultural well-being. It shall aim to improve the standards of living of poor and vulnerable PAPs and shall not make the absence of a legal title a barrier to receiving compensation and/or resettlement assistance. Each resettlement plan (RP) will consist of an integrated set of activities and interventions necessary to achieving these objectives. The following policies will be observed in the ARBIWRMP based on the preceding comparison between the two sets of resettlement policies and noting their gaps and consistencies.

(a) Land acquisition and resettlement of people will be minimized as much as possible. Interventions will be designed in such a way as to minimize the scope and degree of physical and economic displacement. (b) The last day of the census and inventory of losses that has been carried out by the LGU in the barangay (village) as part of the resettlement planning process will represent the cut-off date for eligibility, if no specific cut-off date has been established by the LGU. If a prior census has been carried out by the LGU, for which due notice was given to the affected households, the LGU may opt to use this as the cut-off date for a specific sub-project. Eligible persons are entitled to compensation and rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. (c) Lack of formal legal rights to the assets lost will not prevent the PAHs from receiving compensation, resettlement and rehabilitation assistance. (d) The compensation, resettlement and rehabilitation measures to be provided to PAHs are:

- adequate and appropriate replacement of land and structures or cash compensation at full replacement cost for land, improvements and structures, including residential structures, without deduction for depreciation or the remaining salvage values of materials

- compensation for lost productive assets at full replacement cost - transfer and subsistence allowances; and - rehabilitation assistance, including livelihood and skills training

(e) Compensation rates for physical assets, i.e. house, building and other structures, and productive assets will be calculated at full replacement cost. The calculation of full replacement cost will be based on i) fair market value of the lost asset, 2) transitional and restoration costs, and 3) other applicable expenses or payments. Preference will be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land or private land acquired for resettlement. When replacement land is offered, the productive potential and location advantages of such land must be at least equivalent to those of the land taken. If replacement land is not the preferred option of the displaced persons or sufficient land is not available at a reasonable price, non-land-based options that provide employment or self-employment opportunities will be

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provided in addition to cash compensation. The lack of land will be demonstrated and properly documented. (f) Project-affected Households (PAHs) will be systematically informed and consulted about the Project, the rights and options available to them and proposed mitigating measures, and they will be involved in decision-making concerning their resettlement. This includes information about compensation and other entitlement and grievance mechanisms. Acquisition of land and other assets and provision for replacement land and rehabilitation measures will be carried out in consultation with the PAHs to avoid any delay in resettlement plan implementation. In the case of projects involving and/or affecting indigenous peoples and their communities, the Project shall obtain the required FPIC in accordance with existing regulations. (g) During project preparation PAHs will have been informed about available compensation packages. Affordability and willingness to pay for resettlement land and housing will have been assessed as part of the project preparation. Alternatives for those unable or unwilling to pay will be provided. (h) The consultative process will include not only those affected, but also representatives of the local governments of the areas in which the Project is located, community leaders of host communities, civil society organizations such as NGOs, and members of local people’s organizations. Every consultation meeting will be recorded through minutes of consultations (MOC), and these will be made available for reference of both the PAP/PAHs and the Project Management Office. Agreements reached will be documented through the consent form to be signed by the PAHs. (i) The LGUs will preside over the consultation sessions. The consultation sessions will be attended by the PAPs/PAHs. The NGOs invited to co-facilitate the consultation process will likewise assist the PIO in documenting the consultations. The community likewise will have its own record of proceedings and agreement or disagreement on the proposed resettlement plan. Minutes of consultations will be submitted to the PMO (j) Existing cultural and religious practices and observances will be respected, and to maximum extent practical, preserved. (k) Special measures will be incorporated in the Resettlement Plan implementation process to protect the socially and economically vulnerable groups like the poorest affected people, women-headed households, elderly, indigenous peoples and persons with disability. Special assistance will focus on the livelihood opportunities and employment for female heads of households. (l) For off-city/municipality relocation, (socialized housing or serviced plots) minimum physical site and services development standards, community facilities and resources will be provided to approximate or even better the situation of the PAHs after resettlement. (m) There shall be effective mechanism for hearing and resolving grievances and complaints during the implementation of the resettlement plan . (n) The EA will see to it that institutional arrangements are in place to ensure effective implementation of the various activities contained in the resettlement plan, among them consultation and implementation of land acquisition, compensation, resettlement, and income restoration measures such as job creation and micro-credit assistance as components of the rehabilitation program.

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(o) The host community that shall accommodate the PAHs in their locality should be involved in resettlement planning and decision making. Affected households are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted. (p) Adequate budgetary support will be fully committed and made available to cover the costs of compensation, resettlement and rehabilitation within the agreed implementation period. Clear budget commitments are required for critical activities such as formal detailed physical surveys and administrative functions associated with compensation and resettlement. (q) Appropriate reporting (including auditing and redress functions), monitoring and evaluation mechanisms, will be identified and set in place as part of the resettlement management system. The Project will hire an external monitoring agency (EMA) that will monitor and evaluate the resettlement process and results and with the reports to be directly submitted to the ADB.

ADB’s Involuntary Resettlement Safeguard Requirements do not apply to negotiated settlements. The Project will try to acquire land and other assets through a negotiated settlement wherever possible, based on meaningful consultation with affected persons, including those without legal title to assets. The negotiation and settlement processes will be documented and applicable policies and procedures for such transactions will be agreed with ADB. E. Criteria for Screening and Selecting Sub-projects and/or Components The likelihood and extent of resettlement impact has been considered in selecting the sub-projects of the ARMIWRMP. In the case of the Butuan city drainage project, the sub-project with the most significant resettlement impact, the expected economic, health and environmental outcomes of the project will likely benefit a greater number of people. In addition, measures will be taken in designing the civil works of the Butuan City drainage improvement and the municipal water supply sub-projects to avoid as much as possible acquisition of private lands and displacement of existing shops and residences. The proposed interventions in the Agusan Marsh Biodiversity Conservation and Priority Watersheds Management sub-projects likewise sought to minimize, if not completely avoid, any physical displacement. Some livelihoods could be affected by restrictions on resource use in the proposed strictly protected zones (SPZs) in the Agusan Marsh and the proposed areas for protection and reforestation in the priority watersheds in Compostela Valley and Agusan del Sur. However, these impacts on livelihood are not likely to be significant. Delineation of the protected areas and areas for reforestation will take into account existing resource uses and will strive to minimize economic displacement by avoiding areas with resources used by wetlands and forest occupants. In the case of the Agusan Marsh sub-project, the proposed SPZs are limited in size and have been restricted to areas that are either already established as protected areas or where resource use areas can still be negotiated with users. In the case of the watersheds, further consultations will be undertaken as part of the process of delineating the areas for forest protection and reforestation. F. Eligibility Criteria and Identification of Affected Households and Persons

All PAHs who will experience displacement and/or loss of assets and productive capacity are qualified to receive compensation, resettlement and rehabilitation or income restoration

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assistance under the ARBIWRMP. Consistent with ADB policy, the following categories of affected persons will be considered displaced persons eligible for compensation, assistance and benefits: i) persons with formal legal rights to land lost in its entirety or in part; ii) persons who lost the land they occupy in its entirety or in part who have no legal rights to such land but who have recognized or recognizable claims under national laws; and iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. For the first category of affected persons, eligibility would be established through possession of a title or equivalent tenure instrument such as a free patent, certificate of ancestral domain title (applicable to tribes, not individuals, Certificate of Land Ownership Award (CLOA). For the second category, eligibility would be established by showing proof of claims such as lot awards in social housing projects, tenant or lease holder agreement, tax declaration, certificate of stewardship contract (CSC), community-based forest management agreement (CBFMA). For the third category, actual occupation of the affected land will be the criterion, as in the case of urban or rural informal settlers, resident tenants or farmworkers on agricultural lands, to be attested to by the barangay chairperson with jurisdiction over the site and neighbours. As proof of their eligibility, the name of the HH head of the PAH should appear in the master list generated from the census and/or IOL surveys. The date of the census as determined by the LGU or implementing agency, shall be considered as the cut-off date for determining eligibility for compensation and livelihood restoration benefits. Cases of non-inclusion in the masterlist involving families or persons claiming to be eligible for compensation or assistance will be handled following the grievance procedure set up by the project. Subject to further discussion with and approval by the LGU, the following criteria for qualifying PAHs may be used: (i) must be household head and/or members of a family unit; (ii) the HH head or any of his/her designated members as representative of the household should be a Filipino citizen and registered resident of the LGU census master list; (iii) land and structure owners or if urban informal settlers, resident structure owners, renters, sharers or caretakers as provided for in the Implementing Rules and Regulations (IRR) of the Urban Development and Housing Act (UDHA) or in the case of rural dwellers, landowners or resident farmers, tenants and agricultural workers; and (iv) they are actual occupants at the time of the conduct of the IOL. The date of the IOL conducted by the LGU or any other census established by the LGU or IA as the cut-off date will be the basis of eligibility for entitlement subject to the qualification criteria set forth by the project and agreed with the LGU. G. Number and categories of displaced persons Table 2 presents the likely categories of physically and economically displaced persons by type of sub-project.

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Table 2: Categories and estimated number of displaced persons by sub-project/group of sub-projects

Sub-

project/Group of sub-projects

Categories of (possible) physically displaced persons

Categories of (possible) economically displaced persons

Category Estimated Number

Category Estimated Number

1. Butuan city drainage improvement

- informal settlers occupying project right-of-way or sites who stand to lose their houses

200 - legal owners of land subject to right-of-way acquisition for Langihan channel expansion, construction of new drainages, pumping stations - owners of business shops encroaching on existing drainages

500

2. Agusan Marsh Biodiversity Conservation

- None likely None - resource users (e.g. fishers, forest products gatherers) whose access to resources may become restricted as a result of the delineation and enforcement of strict protection zones (SPZs)

None

3. Municipal Water Supply in Esperanza, Prosperidad, Nabunturan, etc.

- None likely None - legal owners of land subject to right-of-way acquisition for the construction of wells, pumping stations, reservoir and access road

Less than 20

4. Rehabilitation of Priority Watersheds in Compostela Valley and Agusan del Sur

- forest dwellers occupying areas to be delineated for forest protection

Could not be determined as areas for reforestation and forest protection have not been delineated

- farmers cultivating forest lands in areas delineated for forest protection - owners of trees in areas delineated for forest protection - resource users (small scale miners, timber and forest product gatherers) whose access to resources may become restricted as a result of the delineation of forest protection areas

Could not be determined as areas for reforestation and forest protection have not been delineated

III. Socio-economic Information A. Socio-economic Survey A census, socio-economic survey (SES) of project affected persons/households and inventory of losses (IOL) will be conducted to collect necessary information on project-affected persons (PAPs) and households (PAHs) and affected assets for the preparation of the sub-project resettlement plan. The socioeconomic survey will collect information from 20% of the severely affected households with more than 10% of their productive assets to be affected by the project and 10% of the remaining PAHs. The data to be collected will be

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disaggregated by gender. The data collected will be used as a baseline for assessing and monitoring resettlement impacts and designing rehabilitation measures. The scope of data to be collected for the SES includes: (i) the names and the personal information about the households (civil status and gender, information on women-headed households, elderly members, etc); (ii) land and housing and security of tenure that denote status of ownership, type of real property and their location; (iii) economic profile of the households which will indicate their monthly incomes and expenses, occupation, levels of education, sources of livelihood or employment, information on savings, assets owned, and borrowings; (iv) access to health services, water and sanitation; (v) social networks such as membership in associations, types and projects of the associations, if a registered voter of the community and type of assistance extended by the organization; (vi) risks and vulnerabilities (pertaining to environmental risks, calamities, impoverishment brought about by relocation, social exclusion by being very poor, and households headed by women, elderly, disabled, etc.), peace and order and discrimination experience in the community, in which all data collected will be disaggregated for gender; and (vii) the perceived needs of the community. Questionnaires will be used by the LGUs and the PIO staff during the survey. Maps of existing structures of the informal settlers and other PAHs will also be prepared and photos taken to document baseline conditions. The Project Management Office (PMO) at the DENR headquarters will coordinate with and assist the LGUs in preparing and implementing their RPs. The PMO will hire the services of a Social Development and Resettlement Specialist to provide technical assistance. The specialist will assist in the design of the instruments to be used in the socio-economic survey and inventory of losses to capture the essential information about the PAPs and PAHs. A sample questionnaire is provided in Annex B. Each questionnaire will be assigned an alpha-numeric code for tracking and safekeeping the records of the PAHs. The census and socio-economic data to be presented in the individual sub-project RPs will highlight the status of vulnerable household heads like women, elderly and those with disabilities. Such information is essential in allocating funds for special assistance to the vulnerable groups in addition to the regular entitlements. B. Inventory of Losses Survey The inventory of lost assets will collect data on the affected assets from 100% of PAHs and may be conducted alongside the census and socio-economic survey for the preparation of the RP. Using the information provided by the project design and delineation of the sites for the various sub-project interventions, the affected areas will be determined. These will be mapped out, indicating affected land parcels and structures. Owners of land, residential, business and other structures, assets, including productive trees, within the affected areas will be interviewed to assess and validate what assets would be affected.

The IOL will be conducted by the LGU-PIO, with assistance from the PMO. For each PAH, the scope of the data will include:

(i) Total and affected areas of agricultural and residential land, by type of land assets;

(ii) Total and affected areas of structures, by type of structure (main or secondary)

(iii) Legal status of affected land and structure assets, and duration of tenure and ownership;

(iv) Quantity and types of affected productive crops and trees;

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(v) Quantity of other losses, e.g., business or other income, jobs or other productive assets;

(vi) Quantity/area of affected common property, community or public assets, by type;

(vii) Summary data on PAHs, by ethnicity, gender of head of household, household size, primary and secondary source of household income viz-a-viz poverty line, income level, presence of elderly or person with disability or special needs;

(viii) A list of tagged affected structures houses and households resulting from the IOL will be kept by the LGU-PIO and the PMO.

(ix) Identify whether affected land or source of income is primary source of income.

(x) PAH knowledge of the subproject and preferences for compensation and, as applicable, preferred relocation sites and rehabilitation measures.

(xi) Digital photograph of household head and residential/ commercial structures.

The data collected during the socio-economic survey and IOL will constitute the formal basis for determining PAHs’ eligibility, entitlements and levels of compensation. The date of the census and IOL conducted by the LGU, if no previous census or cut-off date has been reviously established, will be the cut-off date used for purposes of identifying and qualifying PAPs and PAHs eligible for assistance and/or compensation.

C. Valuation of Affected Assets

Land losses due to the project will be assessed based on the principle of replacement cost. Replacement cost will be determined through a survey of the prices of land of the same quality within the vicinity of the original site. The value of affected assets will likewise be determined based on the principle of replacement cost. The calculation of full replacement cost will be based on i) fair market value of the lost asset, 2) transitional and restoration costs, and 3) other applicable expenses or payments. Where applicable, the Engineering Office of the concerned LGUs will also conduct surveys on land costs and the prices of replacement materials within the vicinity of the affected sites. Trees will be valued based on the remaining productive life of the tree, its average annual production and price of its fruits as certified by the local office of the Department of Agriculture. D. Replacement Cost Survey A replacement cost survey will be conducted (RCS) in parallel with the SES and IOL by collecting information from primary (interviews with informants in the project/affected area such as land appraisers, materials suppliers, contractors) and secondary sources (e.g. published rates in newspaper classified ads). Affected and non-affected persons in the project area may also be interviewed for triangulation of gathered information. IV. Information Disclosure, Consultation and Participation

Meaningful consultations with the affected persons and households, host communities, local governments and other relevant stakeholders are important to ensure that correct information is disseminated to these stakeholders and their needs, concerns and views are adequately taken in consideration in the decision making processes involved in project design, mitigation measures, sharing of development benefits and opportunities and implementation issues.

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The Project will undertake information dissemination and consultation activities throughout different stages of the project. In the consultations, particular attention will be paid to the needs and concerns of disadvantaged and vulnerable persons, particularly those with incomes below the poverty line, the landless, elderly, female headed households, women and children, indigenous peoples, persons with disability and those without legal title to land.

A. Consultations (i) Non-Indigenous Peoples As the first step in every community consultation, affected persons, owners and residents of the affected community will be provided Project Information Booklets (PIBs) as part of project disclosure. The PIB will contain information needed by the affected households and host communities such as those relating to project objectives, benefits and resettlement impacts. It will describe the objectives of the project, the required activities and the schedules of project implementation, the criteria for eligibility to compensation and assistance, entitlements and their schedule of delivery, consultation processes and grievance procedures. The PIB will be written in English and in the vernacular.

The participatory and consultative process will be observed throughout the preparation and implementation of the resettlement plan. The consultation process will involve the conduct of focus group discussions, meetings and assemblies for the purpose of project disclosure and community feedback. All meetings and consultation sessions will be documented through minutes of consultations (MOCs). The PIO will be responsible for the preparation of the MOCs and will form part of the requirements for the resettlement plan. Affected persons and households will be informed that the list of eligible PAHs and the full resettlement plans will be available at the PIO, barangay and/or municipal/city planning offices. This information will be repeated to the PAPs/PAHs during individual visits and meetings. The PIO will document the minutes of meetings and visits completed as well as agreements reached with the PAPs/PAHs. (ii) Indigenous Peoples

Indigenous peoples, as a group that retain their territory and way of life, are accorded protection by the project based on ADB’s Policy on Indigenous Peoples (IP) as well as on the country’s Indigenous People’s Rights Act of 1997. The project site is the home of at least 14 indigenous peoples groups. There are 5 ancestral domains in the province of Compostela Valley as of 2009 with two other Ancestral Domain plans approved in 2010. There are nine (9) in Agusan Sur; three are within the Agusan Marsh Protected Area.

To ensure that the project contributes to the goal of poverty reduction, the project has involved indigenous peoples as key stakeholders at various levels of consultations – from the community, municipal to provincial levels. For certain sub-projects, separate IP consultations were also conducted before project appraisal. At the final consultations, sub-projects had the concurrence of participants, including indigenous peoples. Activities and sub-components were also deliberated in close coordination with the NCIP provincial offices. It was agreed that the Free and Prior Informed Consent process will continue as specific project sites are finalized at pre-implementation phase. In the priority watersheds, IP communities and their organizations, in coordination with the NCIP and project implementors, shall harmonize indicative watershed plans with priorities in the Ancestral Domain Sustainability Development and Protection Plans for the project site municipalities. At another level, harmonization will also take place with other existing plans of LGUs and for the Key Biodiversity Area. Complementation with other programs and agencies shall be promoted to expand the reach of development resources. Indigenous peoples organizations and communities will prioritize sub-projects and project sites in coordination

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with the Project’s suitability map as well as in coordination with other stakeholders. Indigenous peoples organizations (IPOs) including Community Based Forest Management (CBFM) groups and other existing forestry organizations will be part of planning and implementation of watershed rehabilitation; participatory assessment will also be conducted to identify how operations of forestry organizations can be enhanced. Participatory social assessment will identify households in designated agroforestry zones for plan implementation In the Agusan Marsh Protected Area, the Project, in coordination with the NCIP, will facilitate the harmonization of indicative watershed plans with priorities in the Ancestral Domain Sustainability Development and Protection Plans where these exist in the project site. At another level, harmonization will also take place with other existing plans. Those who may be adversely affected by conservation measures will be prioritized for alternative livelihood opportunities. In the municipalities where water supply and sanitation projects will be implemented, the Water Districts (WD)/Municipal Water Works will assess whether IPs have any water access issues and should note whether any of these are due to ethnic factors. Water Districts/Municipal Water Works will ensure the participation of indigenous communities in sanitation and hygiene education, resource management and other training programs and evaluations. The WD will coordinate with the leadership of indigenous peoples to convene community meetings that will identify specific concerns related to the design and implementation of water and sanitation in the area. Project community organizers and/or with NGO partners shall facilitate organization of sanitation/water user groups for public faucets including those in floating communities. They will ensure active participation of IPs in the planning process and in the water user group (WUG) through IP representation in the line up of officers of established WUGs. Indigenous peoples, including women, will be notified of construction and of other job openings in the WD for a chance to be considered for available positions for which they qualify. B. Institutional Arrangements The respective implementing agencies of each sub-project will be responsible for conducting the consultations with the affected persons. Consultations at pre-implementation will be done by the respective watershed management unit of the concerned local government units in the case of watershed subprojects, by the PASu in the case of the Biodiversity Conservation Project in Agusan Marsh and by the water district or municipal government in the case of water supply subprojects. The IA shall designate a responsible office or unit under the Project Implementation Office (PIO) to handle the consultations. This office shall also document the consultations, conduct information dissemination activities, keep copies of the sub-project resettlement plans and make these available to PAPs. In the case of sub-projects affecting IPs, the sub-project IA shall involve the NCIP in the consultations with the PAPs, observing the processes and procedures set forth in the NCIP Administrative Order No. 1 or the FPIC Guidelines of 2006. For consultations involving both IPs and non-IPs, the PIO shall make an effort to involve NGOs , especially those assisting the PAPs/PAHs in the consultations. They may assist in facilitating, translating and documenting the discussions. C. Disclosure of the Resettlement Plan

As per ADB’s Public Communications Policy, the resettlement planning documents will be made available to the public and in particular to the PAHs.

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The draft and final resettlement plans will be disclosed to PAHs through consultations and PIBs. Copies of these documents shall be made available by the appropriate LGU office and the PIO. Revisions to the RP may be done after the detailed technical design of the sub-project. The revised RP, particularly changes in the scope of resettlement and number and identity of affected PAHs, will also be disclosed to the PAHs and copies of the revised RP made available to them. Information contained in the RP will be disclosed in the form of brochures, leaflets, or booklets translated in the local language or dialect. For non-literate persons, this will be read to them by any literate household member. If none is available, the PIO shall provide personnel to read the information to the non-literate PAP. The final RP will also be translated in the vernacular and made available in the PIO, barangay hall, community center and public health center. The ADB shall make publicly available both the Resettlement Framework and the final RP on its website. V. Relocation, Compensation and Income Restoration A. Relocation strategy

The project’s resettlement policy dictates that physical displacement will be avoided as much as possible. But should relocation be unavoidable, rehabilitation and income restoration measures will be undertaken in addition to providing compensation. These measures are designed to restore or improve the socio-economic conditions of the affected persons.

(i) Non-IP Affected Persons The resettlement and rehabilitation schemes to be implemented will take into account options that would minimize the costs of displacement to the PAPs. In the choice of resettlement sites, preference will be given to sites that are adjacent to the PAPs’ present areas of residence or at least within the same barangay. If no resettlement site of adequate size which can be acquired at reasonable cost can be found within the barangay, the next choice is an area within the same municipality. Government-owned lands would be preferred as this would simplify land acquisition. But if no government-owned land is available in a proximate location, private lands may be acquired for the purpose of resettlement. If acquisition of private land is not feasible, the option of usufruct may be adopted, pursuant to R.A. 7279, subject to negotiation with the owner of the land.

As much as possible, relocation of PAHs to temporary or staging areas will be avoided. Relocation will not be undertaken until the resettlement sites are acquired and equipped with the necessary basic services to ensure acceptable living conditions for the PAHs. Should relocation to a staging or temporary area be unavoidable, the staging areas must be located very close to the site of origin and equipped with adequate basic services.

Project-affected owners of land will be provided replacement land valued at replacement cost. Non-owners of land such as informal settlers and agricultural tenants shall be given plots in a relocation site in accordance with equivalent entitlements provided to informal settlers displaced by government infrastructure projects as prescribed by the Urban Development and Housing Act (UDHA) and its implementing rules and regulations (IRR).

In all cases, security of tenure shall be assured to the resettled PAPs. The use of other forms of tenure, such as usufruct, could be resorted to if land ownership is not feasible for the selected sites. The host local government units shall be involved in the identification of

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possible of resettlement sites and will help ensure that existing zoning regulations and necessary safety and environmental standards are observed in the choice of resettlement sites. (ii) IP Affected Persons

In the unlikely event that land (including structures, improvements, crops, trees, and perennials) will need to be acquired inside an ancestral domain, the IA shall observe the FPIC Guidelines of 2006 or the provisions of any agreement that the DENR may have reached with the NCIP, making sure that the principle of replacement cost is observed.

Should the project involve significant restrictions of access to traditional hunting, gathering grounds or natural resources that the IPs use, as could occur in the priority watershed project sites and in the delineated Strict Protection Zones in the Agusan Marsh, these restrictions as well as the measures to minimize them will be disclosed by the IA to the affected IPs and included as part of the IP Development Plan (in the case of Compostela Valley). The IA shall disclose temporary restrictions on indigenous peoples’ access to natural resources and religious and culture sites as part of the resettlement planning preparation. Measures to mitigate these temporary restrictions will also be contained in the sub-project RP.

Should physical resettlement be unavoidable, the project affected families will be resettled as much as possible within their ancestral domain (if the sub-project site is within ancestral domain land) and in proximity to their original property so as not to disrupt the exercise of traditional resource use rights and livelihood activities or weaken kinship and social relations. The resettled IP families shall be compensated and enjoy the same entitlements as those given to non-IPs.

(iii) Support for Host Populations In the event that a sub-project intervention results in the relocation of affected persons, measures will be taken to ensure that impacts on the host population are taken into account and addressed. Some impacts could include the use of common property resources, added pressure on natural resources and social services such as schools and health centers, and competition for employment or livelihood opportunities. The provision of assistance to PAPs/PAHs may result in conflicts and/or grievances involving members of the host population. These potential conflicts/grievances shall be avoided through adequate information dissemination, social preparation of the host community through consultations, and sharing of infrastructure and support services with the host community. The host community shall be consulted on matters relating to the integration of the APs in the resettlement site, including site development and the assigned location of the APs. The host community shall also be informed of opportunities for participating in development and social programs implemented in the resettlement site, as well as the economic and social benefits that the entire community could gain from the sub-project interventions.

B. Compensation Measures

Losses incurred by PAHs for which compensation would be provided by the Project will be determined using information obtained through the Inventory of Losses which would have been conducted by the LGU-PIO prior to the preparation of the RP. Following GOP and ADB policies, the RP shall adopt the guidelines as shown in Table 3 below in defining PAHs’ compensation and other entitlements.

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Table 3: Entitlement Matrix for Project Affected Households

Asset Type and category of Impact/ loss

Entitled Person

Entitlement Policy

Agricultural Land or forest land under cultivation

Marginal: Loss of less that 10% of total productivity of agricultural land

IP and non-IP Owners with acceptable proof of ownership (title, CADT, CLOA, Free patent that can lead to a title)

Replacement land of equivalent value or productivity will be given. If the lost agricultural land is irrigated, irrigated land will be provided. If no replacement land can be acquired and provided at reasonable cost, cash compensation at replacement cost would be given for the affected land at replacement cost based on current market value, plus any transaction costs such as administrative charges, taxes, registration and titling costs.

However, holders of free or homestead patents and CLOAs under CA 141. Public Lands Act will be compensated on land improvements only.

APs without

acceptable proof of ownership, Tenant/Lease holder

Compensation only for crops and lost productivity calculated as follows: Cash compensation for damaged crops at market

value at the time of taking. Agricultural leaseholders are entitled to disturbance

compensation equivalent to five times the average of the gross harvest for the past 3 years but not less than PhP15, 000.

Severe: Loss of more than 10% of total productivity of the land

IP and non-IP Owners with acceptable proof of ownership (title, CADT, CLOA, that can lead to a title)

Replacement land or cash compensation for the affected land at replacement cost.

However, holders of free or homestead patents and CLOAs under CA 141. Public Lands Act will be compensated on land improvements only.

Cash compensation for damaged crops at market value at the time of taking

APs without acceptable proof of ownership, Tenant/Lease holder

Compensation only for crops and lost productivity calculated as follows: Cash compensation for damaged crops at market value at the time of taking.

Agricultural leaseholders are entitled to disturbance compensation equivalent to five times the average of the gross harvest for the past 3 years but not less than PhP15, 000.

Because the loss is equivalent to 20% or more of the AP’s productive land (i.e., paddy, forest, orchard, farmland, pond): AP is entitled to participate in income restoration program that will be designed during the preparation of the resettlement or community development plan in the project area.

Residential land Marginal and permanent loss: remaining land still viable for present use or less than 10% of land

IP and non-IP Owners with acceptable proof of ownership (titles, free patent, CADT, that can lead to acquisition of a title)

Cash compensation at replacement cost

Marginal and temporary loss

APs with acceptable proof of ownership

Disturbance allowance equivalent to the comparable amount for rented space of similar size and location for the duration of the loss.

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Entitled Person

Entitlement Policy

Severe and permanent loss: entire land has to be acquired because it is inside the Project ROW or the remaining un-affected portion is no longer viable for present use

IP and non-IP Owners with acceptable proof of ownership (titles, customary rights, that can lead to acquisition ot a title)

Cash compensation at replacement cost or replacement land of equivalent value, size, quality and functionality. replacement land shall be with secure tenure, free of taxes, registration and other fees

In case replacement land in a relocation site is provided and the affected land is larger than the relocation land, cash compensation to cover the difference in area shall be provided

Severe and temporary loss: entire land has to be acquired temporarily for the duration of project implementation

APs with acceptable proof of ownership over the land

Disturbance allowance equivalent to the comparable amount for rented space of similar size and location for the duration of the loss.

Structures (house, shop, animal pen)

Marginal permanent impact: 10% or less of structure affected and the remaining portion remains viable for continued use.

Owners of structures with acceptable proof of ownership over the land

Cash compensation at replacement cost for the affected portion of the structure, including the cost of restoring the remaining structure and reconnection of damaged utilities, with no deduction for salvaged building materials. Compensation for houses and other structures affected either in full or in part, will be determined according to replacement value for materials and labor to rebuild similar structures, at current market prices in the locality. In determining replacement costs, depreciation of assets and salvage value of materials will not be taken into account.

APs without acceptable proof of ownership over the land, including Renters / Leaseholder

Disturbance allowance equivalent to 10% of the monthly rent x 3 months

Severe permanent impact: More than 10% of structure is affected or remaining portion is not viable for continued use.

Owners of structures with or without acceptable proof of ownership over the land

Cash compensation at replacement cost as defined above or compensation in the form of housing materials and labor for rebuilding the house or other affected structures.

Transfer or transport assistance in cash amount or equivalent services for transferring or transporting housing materials and PAHs’ belongings covering the actual cost of: (a) transfer from original settlement to the resettlement area, or (b) transfer to destinations or sites other than the designated resettlement area up to 80 km from the site of origin.

Dismantling and reconstruction assistance in cash amount or equivalent services for the dismantling/reconstruction of the house covering the cost of labor in dismantling their housing structures and rebuilding the same in the designated relocation sites. This amount, to be determined by the LGU, will be based on minimum wage and will vary according to the size and type of structure.

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Entitled Person

Entitlement Policy

Transitional food assistance in the amount equivalent to the local minimum wage (as set by the Regional Wage Board) multiplied by 7 days.

Participation in income restoration program that will be designed during the preparation of the resettlement and/or community development plan in the project area. Support will be in the form of livelihood and skills training, referrals, development of micro-enterprises and access to micro-credit provided by micro-finance institutions.

Renters

(tenants) of affected structures, including renters of shanties

Disturbance allowance equivalent to monthly rent for 3 months plus transportation allowance to move personal belongings.

Agricultural crops / aquaculture products

Loss of any quantity of crops

Owners regardless of land tenure status

PAHs who may have standing crops/aquaculture products will be allowed to harvest the produce if possible. If this is not possible given the construction or resettlement schedule, compensation will be paid based on the estimated quantity of the produce and the prevailing market price of the crop.

Trees Loss of any number of trees

Owners regardless of land tenure status

Owners/growers of perennial trees will be compensated based on the remaining productive life of the tree, its average annual production and price of its fruits as certified by the local office of the Department of Agriculture

Livelihood, business, employment

Temporary loss of business or employment

Affected persons regardless of tenure

Cash compensation for the period of business/ employment disruption based on average daily income. Level of income is supported by tax receipt or pay slip. Without such documents, the rate will be based on the average daily income of similar business or the prevailing daily labor rate in the project area. The total compensation will be based on the number of days of disruption.

Permanent loss of business or employment

Affected persons regardless of tenure

Cash compensation equal to one-year income. Level of income is supported by tax receipt or pay slip. Without such documents, the rate will be based on the average daily income of similar business or the prevailing daily labor rate in the project area.

Public/Private utilities

Loss of, or damage to, affected assets, partially or entirely (e.g. electric power, water supply, etc)

Public Utility firm/Community Association (if privately owned)

Cash compensation to cover the cost of restoring the facilities

Common Structures/Facilities

Loss of, or damage to, public infrastructure (e.g. wells, barangay waiting shed, street signs, street lights, basketball court, chapels, temples etc.).

Concerned Government Office/unit; Community

Replacement in kind or cash compensation at replacement cost for the affected assets.

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Entitled Person

Entitlement Policy

Assistance to the poor and vulnerable

Marginal or severe impact on land and/or main structures (e.g., house)

AHs that are poor, or with income below the poverty threshold; AHs headed by women, elderly, or with disability, and with no other support from kins; poor IP AH.

Participation in income restoration program that will be designed during the preparation of the resettlement and/or community development plan in the project area. Support will be in the form of livelihood and skills training, referrals, development of micro-enterprises and access to micro-credit provided by micro-finance institutions. In addition, specific measures targeting women and women heads of households will be undertaken.

The prompt delivery of entitlements will be organized, implemented and monitored by the Project Implementation Office (PIO) lodged at the LGU or the appropriate implementing agency (e.g. PAMB, Local Water District). The PIO shall keep a data base of the qualified PAHs and their respective entitlements. It shall conduct information dissemination activities such as meetings and community assemblies and distribute information materials to inform the PAHs of their entitlement and the procedure and schedule of their distribution. Upon the delivery of the various entitlements, receipt of the entitlement will be properly recorded and acknowledged by the recipient PAH/PAP. C. Vulnerability, Gender, Ethnicity Issues and Measures Among the vulnerable groups that could potentially experience IR impacts are poor households in the various sub-project sites, poor women and indigenous peoples. In the Butuan drainage sub-project, the vulnerable groups include informal settlers with incomes below the poverty line, whose sources of livelihood depend on their proximity to the market. If they are subjected to physical displacement, they would lose access to sources of income and the resulting additional cost of transportation to regain access to livelihood would be an excessive burden to these households. To address this vulnerability due to loss of access to employment and livelihood, poor households will specifically be identified through the socio-economic survey and these families will be specifically targeted for the income restoration measures. In the municipal water supply sub-projects, there is little likelihood of negative impact on poor households. However, access issues might limit the ability of poor households to share in the benefits of the project if these are not able to afford the service connections that would be made available as a result of the project. The provision of common or community faucets will be explored as part of the sub-project intervention in order to afford access to these poor households. In the watershed and Agusan Marsh sub-projects, the vulnerable households belong to indigenous peoples and the most vulnerable are the poor members and women of these IP communities. In the Agusan Marsh, they are engaged in fishing and gathering of forest products. The poorest among them live in floating houses with no access to potable water and sanitation. Access to their traditional sources of livelihood could be affected by the enforcement of restrictions in the strict protection zones. The delineation of the SPZs will be done in such a way as to limit the impact on loss of access to resources and ensure access to alternative sites for accessing these resources. Livelihood restoration measures such as eco-tourism activities, will be designed specifically to provide alternative livelihoods.

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As in the Agusan Marsh, some poor and IP households could be in danger of losing all or part of their access to traditional sources of livelihood once strict protection regulations are implemented in the watershed areas as part of the proposed sub-project interventions involving forest protection and reforestation. The Rapid Rural Systems Appraisal revealed that lack of income and employment opportunities are the top two concerns of women. Potential livelihood impacts, should they occur, will therefore most likely affect women who are mostly responsible for looking after the well-being of the entire household. The RP shall specify the livelihood and income restoration measures that will specifically target women and women heads of households.

D. Livelihood Restoration Strategy Relevant data obtained from the socio-economic survey on PAH’s sources of livelihood and the risks resulting from project impacts will be analyzed to determine appropriate interventions based on the PAHs’ skills and interests. The RP must describe the income restoration interventions, including different options for restoring lost productive capacity and sources of livelihood. In the Agusan Marsh, opportunities for livelihood restoration could be explored in the proposed eco-tourism activities either through employment or small enterprises to supply needed goods and services. Priority shall be given to APs and IPs in hiring. The development of agriculture and aquaculture will also be explored, supported by appropriate market studies to identify the most feasible products. In the priority watershed project sites, livelihood interventions would be dovetailed with the livelihood development interventions proposed by the Social and IP Development Component of the Project. The same livelihood interventions will be implemented, but targeting project-affected households which have experienced economic displacement. Possible interventions could include skills training, provision of micro-credit and development of micro-enterprises. Market studies will be commissioned and undertaken to identify feasible and profitable small enterprises and crops. Measures for providing social safety nets such as crop and social insurance should be explored and appropriate ones adopted. Special measures for organizing women, responding to their needs and for assisting and supporting vulnerable PAPs and PAHs must also be identified. The RP will describe the training programs to be provided for restoring incomes. In the Butuan city drainage project, livelihood restoration activities could include the development of a transport cooperative, providing subsidized transport to shuttle people from the resettlement site to the central business district or the market, skills training and microcredit for microenterprises. Consultations with the PAHs and PAPs will be conducted to identify appropriate livelihood measures. The Project Implementing Office will coordinate all livelihood and income restoration activities, tapping the assistance of MFIs , local NGOs and relevant government agencies.

VI. Grievance Redress Mechanism A mechanism for receiving and facilitating the resolution of APs’ concerns and grievances will be put in place in partnership with local and barangay officials and with the participation of the PAPs. To ensure that the mechanism is accessible to the APs, representatives from the affected households or persons will be made part of the Grievance Redress Committee (GRC) to be formed by the Project Implementation Office.

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The Land Management Section of the DENR (CENRO) has a dispute resolution mechanism for handling tenure-related grievances involving both IP and non-IP lands. This mechanism will be utilized as appropriate and will be interfaced with the grievance redress mechanism to be set up specifically under the Project. Complaints related to any aspect of resettlement and compensation will be addressed by the GRC. The GRC will receive complaints during all stages of project implementation.. The GRC will render impartial decisions on the complaints filed by the PAPs. Entitlements will be provided regardless of the decision of the GRC. The PIO will ensure that the households are made aware of the procedures in filing the complaints and the mechanism for redress. The procedures will be provided in print form and included in PIBs that will be distributed to the AHs and APs during project disclosure and public consultations. Any grievance or complaint shall be solved in a timely and satisfactory manner.

A. Non-Indigenous Peoples

In preparation for the setting up of the GRC, the PIO will meet with the Barangay Chairman to elect the members of the GRC. The GRC will be composed of five members: a barangay (village council) representative who will chair the GRC, a representative from PIO as the vice-chairperson, a community leader who has been nominated by the PAPs/PAHs in previous consultations and two representatives of the PAPs/PAHs, one male and one female, as members.

Complaints will be documented by any of the GRC members and the written complaint will be given to the community leader for endorsement to the Chairperson. A meeting with the complainant will be called by the GRC, with one of the two PAP/PAH representatives serving as the secretary.

Below are the steps to be followed in filing grievances and the procedures for redress.

Step 1: The complainant provides the background and files the grievance/complaint verbally or in writing to the GRC. If unwritten, the GRC Secretary will put it in writing and will reproduce it in four (4) copies for distribution; the original copy to GRC, two are for the concerned party and the PIO, and one for the complainant. The GRC will call for a meeting with the complainant. The GRC will then discuss the complaint and resolve it within 15 days. Step 2: If no solution or understanding is reached, the complainant files the grievance/complaint to the GRC central desk at the PMO for it to be resolved within 15 days after filing. The written complaint shall be reproduced in four (4) copies; the original to PMO/GRC Central Desk, two for the concerned party and the PIO, and one for the complainant. Step 3: Again, if no solution or understanding is reached and if the grievance/complaint qualifies for the filing of a legal case at the Municipal or Regional Trial Court, the PAP may request for assistance of a pro bono lawyer from the Public Attorney’s office, through the GRC. The pro bono lawyer shall assist the household in reproducing the formal complaint in six (6) copies to be distributed as follows; the original to the appropriate court, one each for PMO, PIO, GRC, the concerned party and the complainant. Step 4: The Municipal Trial Court (MTC) or Regional Trial Court (RTC) assesses the merits

47


of the grievance/complaint, schedules the hearing and renders a decision. Appeals can be elevated to a higher court in accordance with standard judicial procedures observed in the Philippines.

B. Indigenous Peoples

(i) Inside Ancestral Domains Grievances involving IPs residing within ancestral domain will be addressed in the context of customary law and customary dispute resolution processes and mechanisms of the IP community. If an outside facilitator, mediator, or arbiter is required or requested for, the IA, through the PIO, will seek the intervention of the NCIP to act as facilitator, mediator, or arbiter. The PIO shall document the proceedings of the discussion or negotiations. As the affected IPs prefer, they may also be assisted by the NCIP or an NGO in making their own documentation of these proceedings. If no satisfactory resolution is obtained or an impasse results, the IP communities can elevate their complaints and grievances to the next higher level of the Project’s organizational structure.

The grievance procedure described above shall not replace the grievance procedure set forth in the FPIC Guidelines of 2006. At their choosing, IPs may avail of the grievance procedure and mechanisms spelled out in Section 47 of the FPIC Guidelines of 2006 for complaints.

(ii) Outside Ancestral Domains Affected IPs living outside ancestral domains can file their grievance or complaint with the PIO. The PIO shall constitute an appropriate GRC, with representatives from the IP tribe to which the aggrieved AP belongs. Procedures applicable to non-IPs shall apply to affected IPs living outside ancestral domains especially if they are not members of another domain, or the same tribe as the affected IP. In settling complaints and grievances, the first option is to use customary dispute resolution processes. Conflicts should be resolved at the IP level first before elevating it to the PIO. A representative of the NCIP should be present during the community dispute resolution process to serve as witness and/or translator. With the concurrence or at the request of both the IA and the IPs, the NCIP may facilitate the dispute resolution process.

VII. Institutional Arrangements and Implementation A. Institutional Capacities The Resettlement Office which will be responsible for the critical activities in RP preparation and implementation will be designated and/or lodged in the PIO to be set up by the respective implementing agencies. The following have been identified as the prospective implementing agencies of the different sub-projects: 1) Butuan city government) for the Butuan City Drainage Improvement, 2) the local water district or municipal government for the water supply sub-projects, 3) Protected Area Superintendent (PASu) for the Agusan Marsh Biodiversity Conservation sub-project, and 4) Municipal LGUs for the Watershed Rehabilitation sub-projects. Some of these offices have some experience in undertaking resettlement and rehabilitation activities while others do not. In the Agusan Marsh and water supply projects, physical displacement is not expected and economic displacement is likely to be minimal. The required livelihood restoration interventions will be very limited and can easily be handled by the concerned implementing agencies. In Butuan City, there are existing structures that can already adequately handle resettlement activities such as consultations, provision of compensation and rehabilitation assistance. But capacity building for internal monitoring would be needed. In the four priority watersheds, there are existing

48


structures empowered to handle resettlement and rehabilitation but capacity building for resettlement planning, implementation and internal monitoring will be necessary.

(i) The Butuan City government has a well-organized and well-staffed City Housing and Development Office (CHDO) which has been implementing a resettlement program for informal settlers in danger areas. It has a relatively good data base and data management system and the capacity to undertake consultations and social preparation as well as manage actual relocation and rehabilitation. It has however expressed the need for assistance in undertaking site development of the relocation sites. The National Housing Authority is also active in Butuan City and has been undertaking joint projects with the city on resettlement programs. There are therefore existing and capable institutions that can implement IR safeguard measures but capacity for internal monitoring has to be developed. (ii) The water supply projects in the three municipalities of Nabunturan, Esperanza and Prosperidad have no anticipated physical displacement. The most likely impact anticipated, which is also expected to be minimal, is loss of land due to right of way acquisition. In this case, the corresponding resettlement activities will involve the provision of compensation to landowners. The local water districts of Nabunturan and Prosperidad and the municipal government of Esperanza are experienced and well equipped to handle this activity which will likely involve a very small number of affected persons. (iii) The office of the Protected Area Superintendent (PASu) in the Agusan Marsh serves as the secretariat of the Protected Area Management Bureau (PAMB) and as such implements the Agusan Marsh management plan. There is no physical displacement expected in this sub-project because the absence of wetland dwellers to be displaced is among the criteria to be used for delineating the SPZs. No or minimal economic displacement is also anticipated. In the event that some livelihoods or access to resources are impacted by the delineation of the SPZs, the PASu will take on the role of the RO and will need to be capacitated to undertake the provision of livelihood rehabilitation or income restoration measures and internal monitoring. (iv) The municipalities of New Bataan and Monkayo have their own task forces for watershed rehabilitation which can take care of resettlement and livelihood rehabilitation activities should physical and/or economic displacement occur in the watersheds. These task forces have policy-making and implementing mandates and have a multi-sectoral composition (DENR, DND, IP clan chiefs, barangay captains, purok leaders, church, military) and would thus have the required powers to undertake resettlement planning and implementation. Task Force Diwalwal (Monkayo) is a national inter-agency body headed by the DENR Secretary, with DILG and DND as members. At the local level, there is a Project Monitoring Coordinating Center headed by the DENR Regional Director with members coming from the regional offices of DILG and DSWD, the provincial and municipal local governments and the barangays. In New Bataan, the ANDAP Watershed Rehabilitation Task Force implements an LGU-initiated watershed rehabilitation project. The Task Force was created by an ordinance in 2010 and is composed of representatives from the municipal government, barangay and purok leaders, military, church and IP chiefs. These task forces, although empowered to take on the responsibility for resettlement and rehabilitation activities need to be capacitated to undertake these activities and conduct internal monitoring.

For Nabunturan, CENRO has jurisdiction in watershed areas but the municipal government has identified the settlements and settlers within the watershed areas.

49


The LGU can take on the responsibilities of the resettlement office but capacity building will be needed. The same is true for the Laak LGU.

B. Delivery of Entitlements The prompt delivery of entitlements will be organized, implemented and monitored by the Project Implementation Office (PIO) lodged at the LGU or the appropriate implementing agency (e.g. Local Water District, PASu). The PIO shall keep a data base of the qualified PAHs and their respective entitlements. It shall conduct information dissemination activities such as meetings and community assemblies and distribute information materials to inform the PAHs of their entitlement and the procedure and schedule of their distribution. Upon the delivery of the various entitlements, receipt of the entitlement will be properly recorded and acknowledged by the recipient PAH/PAP.

C. Resettlement Plan Preparation and Implementation RP preparation and implementation entails the participation of a host of agencies as well as that of the affected families. At the national level, the DENR, as the Project Executing Agency (EA), has the oversight responsibility for RP preparation and implementation. The DENR will coordinate with the Implementing Agency (LGU, Local Water District, Protected Area Management Bureau) to prepare the RP starting with the consultations with the PAHs up to the issuance of a council resolution by the Local City/Municipal Council that approves and endorses the RP. Once LGU approval of the RP is obtained the RP will be endorsed to DENR for submission to ADB. Activities and sub-components were deliberated in close coordination with the NCIP provincial offices. It was agreed that the Free and Prior Informed Consent process will continue, as well as coordination by the IAs with the NCIP to ensure proper observance of the prescribed procedures in the FPIC Guidelines, as specific project sites are finalized at pre-implementation phase. In the four priority watersheds and in the Agusan Marsh sub-projects, the harmonization of indicative project interventions with the ADSDPP, where these exist within the project site, will be coordinated with the NCIP. Likewise, the preparation of the resettlement plan will be coordinated by the IA with the provincial NCIP. In the four priority watersheds of Compostela Valley where an IP Development Plan has been prepared as a distinct sub-project, implementation of the Plan as well as the resettlement plan will be in close partnership with IP organizations and structures, the NCIP, LGUs and concerned departments of the DENR. Upon ADB’s approval of the sub-project, DENR will establish the Program Management Unit (PMU) at the regional DENR to assume the overall management of ARBIWRMP. The DENR - PMU shall be responsible for providing technical support and assistance to the LGU in setting up the PIO. The PIO shall be responsible for the implementation of the sub-project. At the local level, the PIO will set up a Resettlement Office (RO) to ensure adequate staffing for the proper implementation of the RP. The PIO, through the RO, will be responsible for most of the critical activities in implementing the RP and will work closely with the LGU throughout RP implementation. The PIO, as well as the RO, will only be created after the ADB has approved the sub-project loans and the LGU is given the notice to proceed with project implementation. The PIO at the LGU level will be responsible for ensuring the implementation of agreements between and among the institutions involved in the

50


resettlement. The RO, assisted by resettlement consultants, will prepare and implement the RP. NGOs will assist the PIO-RO in the conduct of consultations and in providing skills, livelihood and community development training. The RO shall encourage the PAHs, particularly women, to form organizations to help in identifying community and resettlement-related needs and ways of responding to them. The roles of the different stakeholders in the various activities involved in RP preparation and implementation are summarized in Table 4.

Table 4: Project Stages, Activities and Responsible Agencies

Project Stages and Activities Role of Responsible Agencies

Activities prior to RP Preparation - Census and Socio-Economic Survey - Disaggregated Database by gender, income group, etc - Listing of PAHs; preparation of masterlist - Due diligence on proposed relocation sites and land acquisition requirements

DENR (as Executing Agency) Role and Responsibilities -Oversight responsibility for RP preparation and implementation. -Establishment of a Project Management Office (PMO) to assume overall management of ARBIWRMP; PMO to be responsible for providing technical support and assistance to LGUs in preparation of RP for all subprojects. - Formulation of program management policies and procedures and assistance to LGUs in operationalizing their Project Implementation Offices (PIOs). - Explore and discuss options for resettlement site with LGUs

RP preparation -Project disclosure and consultations with stakeholders (PAHs, barangay, NGOs). - Identification of PAHs, Conduct of census, IOL, preparation of Masterlist - Consultation with PAHs on the design of sub-projects. - Consultation with PAHs on compensation and resettlement options. - Writing of RP (LGU-PIO and Consultants). - Consultation with PAHs on RP - Finalization of RP for submission to DENR and ADB for concurrence. - Public announcement (LGU communication facilities, billboards, website). - Publication of RP on ADB Website. -Establishment of Grievance Redress Committees (GRC) to receive and resolve complaints regarding compensation and other entitlements

LGU- PIO Role and Responsibilities -Responsibility for RP preparation and implementation - Conduct of project disclosures and consultation with stakeholders. - Identification of PAHs, preparation of Masterlist. - Consultation with PAHs on design of sub-projects. - Consultation with beneficiaries on compensation and resettlement site preferences - Formulation of compensation and entitlement package. -Preparation of RP with assistance from consultants - Consultation with PAHs on final RP -Finalization of RP for submission to DENR and ADB - Establishment of Grievance Redress Committee to receive and resolve complaints regarding compensation and other entitlements. DENR-PMO Role and Responsibilities

-Setting up of GRC Central Desk -Assist LGU-PIO in preparation of RP

PAHs and PAPs’ Participation Facilitated by barangay officials and community-

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based organizations, if any : - Participation in consultations. - Nomination of PAHs’ representatives in Grievance Redress Committee. - Approval of compensation and entitlement packages through written resolutions with the names and signatures of PAHs.

RP Implementation -Approval and release of budget for RP. -Acquisition of resettlement site - Designing internal systems for management and monitoring of RP implementation. -Submission of documents for Certificate of Compliance (COC) to the concerned LGU office and securing COC - Registration of PAHs with LGU-PIO - Conduct of capacity-building seminar(s) - Consultation with men and women concerning livelihood training. - Livelihood training of PAPs, women - Payment of compensation to PAHs. - Dismantling of structures and relocation to resettlement site or staging area. - Provision of trucking or storage arrangements for personal belongings, and house construction assistance for female-headed households and vulnerable groups. - Site development and house construction. - Resettlement of PAHs - Engagement in livelihood activities by PAPs - Operationalization of grievance and redress mechanism - Internal monitoring of RP activities by the LGU-PIO - External Monitoring of RP implementation by Project Management Office(PMO)

DENR-PMO Role and Responsibilities -Approval and release of budget for RP. -Designing internal systems for management and monitoring of RP implementation. - External Monitoring of RP implementation - Setting up of inter-agency action committees for off-municipality relocation (if applicable) - External Monitoring of RP implementation LGU- PIO Role and Responsibilities -Acquisition of resettlement site -Submission of documents for Certificate of Compliance (COC) to the concerned LGU office and securing COC -Issuance of COC by authorized LGU office - Registration of PAHs -Conduct of capacity-building seminar(s) - Consultation with men and women concerning livelihood training. - Livelihood training of PAPs, women - Payment of compensation to PAHs. - Dismantling of structures and relocation of PAHs to resettlement site or staging area. - Site development and construction. - Resettlement of PAHs. - Provision of trucking or storage arrangements for personal belongings, and house construction assistance for female headed households and vulnerable groups. - Construction of staging area(s) while families are constructing new housing units. (if applicable) - Operationalization of grievance and redress mechanism - Internal monitoring of RP activities PAHs’ and PAPs’ Participation

- Organizing themselves for relocation, community development and livelihood activities -Engagement in livelihood activities -Participation in capacity building activities, livelihood training and consultations.

RP Monitoring and DENR-PMO Role and Responsibilities

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Evaluation/ Post Relocation Stage - Hiring of services of External Monitoring Agency (EMA). -Setting of EMA’s workplan - Half-yearly external monitoring by EMA - Assessment of achievement of resettlement objectives

•Hiring of services of External Monitoring Agency (EMA). • PMO/ EMA assessment of improvements and problems encountered during RP implementation. • PMO / EMA assessment of income restoration activities on livelihood and living standards of PAHs. • PMO /EMA assessment of income restoration activities on women and living standards of poor and vulnerable PAPs

D. Implementation Activities

Consistent with the assigned roles of the different responsible agencies described in the foregoing section, the following activities will be undertaken by the appropriate agencies at various stages of RP implementation. a. Preparation Stage The DENR-PMO will:

i) assist the LGU in organizing the PIO; ii) assist the LGU in the information dissemination on the ARBIWRMP iii) through the Social Development and Resettlement Specialist, assist the RO in

preparing, updating and implementing the RP and on any request for assistance and resolution of issues related to sub-projects;

iv) finalize the RP after consultation with PAHs and submit the same to ADB’s appropriate department for review and approval;

v) facilitate inter-government agency meetings on RP implementation. Assisted by the PMO, the PIO, through the RO, will:

i) conduct project information dissemination, focus group discussions and consultations with stakeholders;

ii) record and keep minutes of consultations conducted with the PAHs iii) conduct the census, inventory of lost assets and socio-economic survey iv) formulate the eligibility criteria and compensation package for the PAHs v) screen the PAHs’ eligibility based on the criteria; vi) consult the PAHs on the compensation policies, design of housing units and

facilities to be provided in the resettlement site; The LGU will:

i) give its concurrence to the RP, through the appropriate endorsement by the city/municipal council;

ii) identify potential resettlement sites, assess their feasibility and select the most suitable site

iii) acquire the resettlement site through negotiated purchase or any other appropriate mode of acquisition with the end in view of providing secure tenure to the PAHs to be resettled there;

iv) secure the budget for the implementation of the RP.

The PAHs will: i) participate in meetings and consultations called by the LGU and PIO

regarding ARBIWRMP ii) read and study the PIBs and other information materials provided to them

regarding the project, their entitlements and the grievance redress mechanism

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iii) provide the requested information during the census, inventory of lost assets and socio-economic surveys

iv) provide representatives to sit as members of the GRC b. Implementation Stage Working in tandem the PMO and PIO will:

i) recruit the services of an external monitoring agency (EMA) for the external monitoring and evaluation of RP implementation;

ii) inform the ADB of the LGUs’ compliance with the RP and request for a “No Objection” on the release of the loan for the ARBIWRMP sub-project;

iii) hire the services of resource persons for the capacity building seminars; iv) coordinate with DSWD, government agencies and NGOs that conduct

livelihood training for PAHs, with priority to be given to women beneficiaries; v) tap MFIs to provide orientation and training on micro-credit and provide loans; vi) conduct internal monitoring of RP implementation. vii) coordinate with the EMA on monitoring and evaluating the RP implementation

and facilitate the actions on its recommendations.

The LGU will: i) approve and release the budget for implementing the RP; ii) provide the compensation and other entitlements of PAHs; iii) provide basic social services to PAHs in the resettlement sites, i.e., sanitary

latrines, water and electricity connections, internal and access roads; iv) resettle the AHs in accordance with the provisions in the CARP, including

providing basic social services; v) coordinate with DENR and PMO for the release of the sub-project loan from

ADB. vi) conduct the appropriate procedure for checking compliance with resettlement

requirements in accordance with EO 708 devolving the function of issuing the Certificate of Compliance from the PCUP to the LGU, through its local housing board;

vii) issue the Certificate of Compliance to the PIO. The PIO, through the RO, will:

i) prepare the master list of PAHs and the required documents, including the RP, in applying for the issuance of COC from the LGU in accordance with E.O. 708;

ii) facilitate coordination between the LGU and DENR, through the PMO; iii) design and implement the management system and operating procedures for

RP implementation consistent with the accounting system prescribed by the Commission on Audit for LGUs;

iv) keep a copy of the RPF and RP and make them available to PAHs and other stakeholders that may want to read them;

v) prepare the documents required for the issuance of COC from the LGU; vi) coordinate with the PAHs regarding their transfer requirements and inform

them of the schedule of transfer to the resettlement site; vii) coordinate with the PAHs and prepare the necessary documents (e.g. entry

passes) for the orderly assignment of plots in the resettlement site viii) manage the disbursement of compensation and other entitlements for all

PAHs; ix) organize and supervise the actual transfer of the PAHs to the resettlement site x) prepare the individual ledgers of PAHs that indicate the names of the

household head and the spouse, the respective assets lost, compensation and other entitlements received.

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xi) consult with the PAHs, conduct livelihood training needs assessment and facilitate the holding of livelihood and skills training as a means for enhancing the incomes of the PAHs;

xii) prepare the minutes of consultations (MOCs) in every meeting and consultation with PAHs;

xiii) coordinate with PMO for any request for assistance and issues requiring immediate action;

xiv) set up the Grievance Redress Committee (GRC), with representatives from the PAHs

xv) assist the GRC and ensure speedy resolution of grievances brought to the GRC

xvi) assist the PMO in the internal monitoring of RP implementation xvii) coordinate with the EMA on monitoring and evaluating the RP implementation

and act on its recommendations The PAHs will:

i) participate in meetings and consultations that will be scheduled by PIO/RO and the LGU regarding ARBIWRMP;

ii) inform the PIO on the types of livelihood they prefer and the members of households that will attend the livelihood training;

iii) participate in skills training and capacity building seminars iv) organize themselves for the transfer to the resettlement site with appropriate

assistance from UPHOs and PIOs; v) attend the livelihood training and capacity development activities vi) utilize the grievance redress mechanism if and when they need to.

The EMA will:

i) undertake data collection through focus group discussions, key informant interviews and consultations for monitoring and evaluating RP implementation in accordance with the monitoring and evaluation framework and indicators in the RPF;

ii) coordinate with the PMO and PIO regarding the conduct of the monitoring and evaluation

iii) present the findings of its monitoring and evaluation and give feedback to the PMO, PIO and LGU for appropriate action

c. During the Construction of Subproject The civil works contractors will:

i) provide employment to qualified members of PAHs.

d. Post-Construction of sub-project and Post-Implementation of RP The PMO will:

i) submit internal monitoring report to ADB on the progress of transfer of PAHs to the resettlement site;

The LGU will:

i) prepare the legal documents necessary for providing secure tenure to the PAHs;

ii) distribute Certificates of Lot Awards to the PAHs.

The PAHs will: i) continuously pay their monthly housing amortization, if applicable; ii) make payments on their livelihood loans;

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iii) help barangay officials, through their elected officers, in formulating policies and guidelines to maintain cleanliness, peace and order, etc, within their community.

E. Implementation Schedule Figure 1 shows an indicative implementation schedule showing the critical activities at each stage of RP implementation. The RP will present a more detailed implementation plan.

Figure 1: Indicative Resettlement Plan Implementation Schedule

RefNo.

Critical Activities Year 0 Year 1 Year 2 Years

3-6

1 2 3 4 1 2 3 4 1 2 4 4 1 2 3 4

Preparation Stage

1 Information Dissemination and Consultation with stakeholders

2 Hire social development and resettlement specialist to assist PIO with RP preparation

3 Conduct socio-economic survey, census of PAHs, Qualifying of PAHs and preparation of master list

4 Conduct inventory of lost assets/detailed measurement of lost assets and socio-economic survey

5 Set up Resettlement Office (RO) in the Project Implementation Office (PIO)

6 Update the compensation and entitlement package

7 Prepare the RP and conduct consultations with stakeholders

8 Adoption of RP by the City Council

9 Review and concurrence of RP by ADB and issuance of ‘no objection’ note

10 Identify potential resettlement sites and select resettlement site

11 Secure budget for RP implementation

Implementation Stage

12 Procure services of EMA

13 Approval and release of budget for implementing the RP

14 Design and set up internal systems and control for CARP implementation

15 Secure Certificate of Compliance from LGU

16 Consultation with HHs/AHs on their transfer to relocation site

17 Consultation with PAHs and women on livelihood development

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18 Livelihood training and capacity development of PAHs and women

19 Set up Grievance redress mechanism

20 Acquire the resettlement site

21 Develop resettlement site and install basic services

22 Payment of compensation and provision of entitlement to PAHs

23 Resettlement of PAHs

24 PAHs engage in livelihood restoration activities

25 Operation of Grievance Redress Mechanism

26 Internal monitoring

27 External monitoring

Construction Stage of Sub-project

28 Recruitment of PAHs for employment in civil works, sub-project interventions

Post-implementation Stage

29 Prepare/distribute Certificates of Lot Award to PAHs

30 External monitoring

VIII. Budget and Financing

The RP shall provide an itemized budget for all resettlement activities. The budget will cover land acquisition and compensation costs, relocation allowances, rehabilitation and income restoration measures, administration costs (Including the operation of the resettlement office and the hiring of a resettlement specialist, internal and external monitoring), and contingency. The RP will also describe the flow of funds (in the form of budget-scheduled expenditures) as well as the sources of funds, i.e., LGU’s equity, loan from ADB and private sector financing (if any).

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Table 5: Allowable RP Costs and Budget Line Items

Budget Item Allowable Costs Resettlement preparation and Compensation

Cost of census and survey of affected people and inventory of assets

Replacement Cost Study by independent property appraiser Cost of IEC and consultation Compensation for assets lost (land, structures, etc.) Cost of land replacement Cost of preparation of replacement farmland Cost of replacement businesses and downtime

Relocation and Transfer Cost of moving and transporting movable items Cost of replacement housing Cost of site and infrastructure development and services Subsistence allowances during transition

Income Restoration Measures Cost of implementing income restoration measures (e.g., training,

micro-credit funds) Cost of basic services to augment existing facilities (health, education)

Environmental enhancement packages (forestry, soil conservation, grazing land, etc.)

Administrative Costs Operation staff (managerial, technical), and support staff capacity building and training of staff Technical assistance, including hiring of resettlement specialist Internal and external monitoring

IX. Monitoring and Reporting A. Internal Monitoring The PIOs will be responsible for the internal monitoring of the actual implementation of the RP against the planned activities, time frame, budget and entitlement. Internal monitoring will be done on an on-going basis throughout subproject construction phase and the resettlement and rehabilitation period of PAHs. Shown in Table 6 are the indicators for the internal monitoring by the PIO for regular feedback to PMO. Monitoring reports will be uploaded on ADB’s website.

Table 6: Resettlement Activities Subject to Internal Monitoring,

Indicators and Sources of Information

Focus of Monitoring

Indicators Sources of Information

Setting up of resettlement implementation arrangements and systems

a. Have the personnel of PIOs and counterpart staff from the LGU been organized, deputized and provided their office as scheduled?

b. Have capacity building and training of PIOs and relevant staff of LGU been conducted on time?

c. Has the LGU provided the needed budget for the compensation of PAHs?

d. Has the LGU released and disbursed the equity funding for implementing the RP on time?

e. Has the social preparation phase been

- LGU, PIO

- LGU, PIO

- LGU, PAHs

- LGU, PIO

- LGU, PAHs - LGU, PIO

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Focus of Monitoring


undertaken according to schedule? f. Have all lands been acquired in time for

implementation of the RP? g. Has the RP been agreed with HHs and

PAHs and concurred by the local government councils?

h. Was the Certificate of Compliance from the LGU released on time or as expected?

- LGU, PAHs

- LGU

Delivery of Entitlements

• Did the PAHs receive their respective compensation and entitlements?

• Did the PAHs receive their payments on time?

• Have all PAHs received the agreed transportation and food allowances?

• Have all PAHs that lost their livelihoods or small business received their compensation?

• Were the staging areas provided with sanitary latrines, temporary water and electricity connections? Are these accessible to major roads, schools and basic social services?

• Were all the entitled PAHs awarded with allocated plots?

• Have the women been trained according to their desired livelihood?

• Were the women trained on desired livelihood?

• Are the PAHs engaged in micro enterprises assisted by micro financing institutions?

• Are the new housing units of PAHs better than their previous dwellings?

• Were the actual amounts of amortization of housing units the same as the amount disclosed to HH?

• Were the Certificates of Occupancy named to both husband and wife?

- PAHs, PIO

- PAHs, PIO - PAHs, PIO

- PAHs, PIO

- PAHs, PIO

- PAHs, PIO - - PAHs, PIO,

NGOs - PAHs, PIO,

NGOs, MFIs - PAHs, PIO

- PAHs, PIO

- PAHs, PIO - PAHs, PIO

- PAHs, PIO

Project Disclosure and Consultations

• Were PIBs prepared and distributed to stakeholders during consultations?

• Were consultations, focus group discussions and/or public meetings undertaken as scheduled?

• Were the HHs and AHs facilitated to actively participate in planning and implementation according to what were prescribed in the RPs?

• How many PAHs attended the consultations?

-Were minutes of consultations taken and kept? Where?

-Were copies of the RP made available to the PAHs? Where?

- PAHs, PIO, NGOs

- PAHs, PIO, NGOs

- PAHs, PIO, NGOs

- PAHs, PIO - PIO

- PAHs, PIO

Grievance Mechanism Were the PAHs properly informed of the grievance procedure and mechanism?

Have any HHs and/or AHs used the grievance and redress procedures? What

- PAHs, PIO

- PAHs, PIO

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Focus of Monitoring


were the outcomes? How many grievances were filed? What

were the types of grievances? What were the outcomes?

How long did it take for a grievance to be resolved?

- PAHs, PIO

- PAHs, PIO

Vulnerable Groups Were poor and vulnerable households and persons identified?

Were IP PAPs and PAHs identified? Has special assistance been provided to

vulnerable and IP PAPs and PAHs? What assistance has been provided to

women-headed households?

- PAHs, PIO

- PAHs, PIO

- PAHs, women headed HHs, PIO

Outcomes and Benefits What changes occurred in the livelihood and occupations of the PAHs compared to their pre-project situation?

What changes have occurred in income and expenditure patterns compared to PAHs’

pre-project situation? What have been the changes in cost of

living compared to PAHs’ pre-project situation?

Have the incomes of the PAHs kept pace with these changes?

What changes have taken place in the standard of living and lifestyle of the PAHs?

What changes have occurred in the occupation of women?

What changes have occurred in the standard of living of women-headed households

- PIO, PAHs, NGOs

- PIO, PAHs, NGOs

- PIO, PAHs, NGOs

- PAHs, PIO, NGOs

- PIO, PAHs, NGOs

- PAHs, PIO, NGOs

- PAHs, PIO, NGOs

All the information gathered, together with the issues and problems encountered, for internal monitoring in a certain period will be included in the project progress report (PPR) prepared by the PIO for PMO’s submission to ADB. B. External Monitoring The PMO will hire the services of an External Monitoring Agency (EMA) to assess the implementation of the RP and will be reporting directly to ADB. External monitoring and evaluation shall be conducted twice a year, covering the implementation of the RP throughout the rehabilitation period, to identify any issues that might need immediate response from PMO, PIO and the implementing LGUs. With regards operational procedures, the EMA will identify the associated issues and problems encountered in the staffing of the PIO for undertaking resettlement activities, consultations and grievance resolution as well as the critical activities like the provision of adequate budgetary support. To assess efficiency and effectiveness, it will identify the issues and problems encountered in the provision for staging areas, plot allocation, housing, payment of compensation and training on livelihood as well as special assistance and gender-related issues. Concerning impact and sustainability which covers the post-evaluation of all resettlement and livelihood activities, the EMA will assess whether livelihoods and living standards of PAHs have been restored, more women have engaged in new livelihood and

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micro enterprises, whether the subprojects triggered any health and environmental issues, and if there have been any shifts in settlement and population. Monitoring reports will be uploaded on ADB’s website. Table 7 presents the essential indicators to be used in the external monitoring of RP implementation.

Table 7: External Monitoring Indicators

Type of Indicator Focus of Monitoring Indicators Process Indicators Staffing and Budget -Number of PMO and PIO-RO staff assigned

for RP implementation; Are there assigned staff to carry out all

activities in the RP; is the workload reasonable Presence of Social Development and

Resettlement Specialist assigned by PMO. Amount of budget provided for RP activities Were the funds for resettlement activities

provided on time Consultation, participation, grievances

Number of consultations and participation activities held with PAHs and various stakeholders; What issues and problems were discussed and resolved?

Were PIBs distributed to PAHs; Were they available in the local language?

Number and types of grievances received from PAHs and the number of days it took to resolve them by the GRC;

Were the PAHs represented in the GRC? Were women represented in the GRC?

Number and names of representatives who participated in the consultations;

Number of women who participated in the consultations

Number and contents of minutes of consultations

Operational Procedures Types of forms used in recording the activities undertaken in RP implementation;

Efficiency of coordination with PMO, PIOs, PAHS and other institutions;

Type of database being maintained; completeness of data; ease of retrieving data

Were compensation and entitlement provided according to the RP to all PAHs? Were they provided on time?

Were the resettlement sites acquired on time? Was the transfer of the PAHs to the

resettlement site accomplished according to schedule?

Adequacy of logistical support for implementing the RP;

Were project policies in RPs adequately complied with?

Issues and problems encountered

-Difficulties and problems cited by the PIO staff, PAHs

- How were the problems dealt with? Output Indicators Housing The actual size, the amenities and utilities

provided to the PAHs compared to pre-project assets and amenities;

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Type of Indicator Focus of Monitoring Indicators Location and accessibility of the resettlement

site the amount of monthly amortization payments

that shall be paid by beneficiaries; Number of Certificates of Occupancy

distributed; What form of tenure is provided? Is the tenure

secure? Compensation and entitlement

Number of PAHs awarded with housing units Manner, frequency, timeliness and

completeness of the provision of compensation;

Number of PAHs engaged in micro business who were compensated for their loss of business incomes;

Was lost land replaced by land or at replacement cost?

Number of PAHs provided with transportation assistance;

Number of entitled PAHs given food assistance?

Were PAHs given dismantling and reconstruction assistance allowance?

Socio-economic rehabilitation

Number of PAHs, especially women, who were provided livelihood and micro-credit assistance

Number of PAHs and women that have set up their micro enterprises after the training on livelihood development;

Do PAHs have adequate access to safe drinking water? What is the ratio of pumps to families?

Do PAHs have access to schools and health centers? Location of nearest schools and health centers

Issues and problems encountered

Issues and problems encountered in the provision for housing, payment of compensation and entitlement and social rehabilitation of PAHs as cited by the PIO and PAHs.

- Were these addressed satisfactorily and promptly?

Outcome/Impact Indicators

Household earning capacity

Post-relocation income as compared to pre-project income

Employment of PAHs members in subproject construction;

Change in income of micro entrepreneurs Number of PAHs engaged in new occupations

or livelihood Number of women and women heads of

households engaged in new occupations or livelihood

Health and environment Is there a solid waste management system in place and are the residents practising good solid waste management?

Do PAHs have access to safe drinking water?

Changes in the health conditions of women

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Type of Indicator Focus of Monitoring Indicators and children; changes in morbidity rates

State of physical cleanliness of the community

Socio-cultural changes and empowerment

More women employed or participating in micro enterprises;

Access to new technology brought about by having electricity connections;

-Increase in self-confidence due to security and comfort in the new housing units.

-PAHs are able to save and pay their monthly amortization on their housing units

-PAHs have active organizations and participate in them

-PAHs relate with their barangay government and know how to seek assistance for community needs

Settlement patterns and mobility

Opening of new transportation routes due to the resettlement;

New businesses, commercial services induced by the resettlement;

Evidence of in-migration (new entrants) or out-migration (PAHs abandoning their units)

- Increased vehicle traffic in the vicinity of the resettlement site

Monitoring reports will be provided to the implementing and executing agencies and the ADB. Copies of these reports shall be made available to the PAPs and PAHs. C. Monitoring in Indigenous People Areas (i) Internal Monitoring Resettlement monitoring in the IP areas, particularly in the watershed rehabilitation sub-project areas, will be undertaken in conjunction with the monitoring of the implementation of the Indigenous People’s Plan (IPP). The mid-term evaluation of the IPP will be carried out by a benefit evaluation team of beneficiaries (BETBs). For this, a BETB will be formed involving representatives of the IPs and they will be mobilized to evaluate the implementation of IPP and watershed plan by themselves. The final evaluation of the IPP will be carried out by the Watershed Management Unit (WMU), NCIP, LGU and the IPs themselves. At the field level the Watershed Management Unit, NCIP and Regional Office PIO will be responsible for monitoring of the implementation of the RP along with the Watershed, Local Social Development and IP Plans. All the information gathered, together with the issues and problems encountered in internal monitoring in a given period will be included in the project progress report (PPR) prepared by the WMU for PMU’s submission to ADB. Monitoring reports will be uploaded on ADB’s website. (ii) External Monitoring In addition to the monitoring indicators presented in Table 7 above, the EMA will identify the associated issues and problems encountered in the staffing of the WMU, NCIP and LGU for undertaking RP implementation, consultations and grievance resolution as well as critical

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aspects like funds flow and interagency coordination. Unintended effects of project interventions will also be identified on IP lifeways, access to traditional forest resources, land tenure and ethnic relations, etc. To assess efficiency and effectiveness, it will identify the issues and problems encountered in the implementation of the RP as they affect the attainment of the objectives of the IP Plan. Monitoring reports will be provided to the implementing and executing agencies and the ADB. Copies of these reports shall be made available to the ancestral domains, NCIP, and IP PAPs and PAHs. Monitoring reports will be uploaded on ADB’s website.

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APPENDIX A

OUTLINE OF A RESETTLEMENT PLAN

This outline is part of the Safeguard Requirements 2. A resettlement plan is required for all projects with involuntary resettlement impacts. Its level of detail and comprehensiveness is commensurate with the significance of potential involuntary resettlement impacts and risks. The substantive aspects of the outline will guide the preparation of the resettlement plans, although not necessarily in the order shown. A. Executive Summary This section provides a concise statement of project scope, key survey findings, entitlements and recommended actions. B. Project Description This section provides a general description of the project, discusses project components that result in land acquisition, involuntary resettlement, or both and identify the project area. It also describes the alternatives considered to avoid or minimize resettlement. Include a table with quantified data and provide a rationale for the final decision.

C. Scope of Land Acquisition and Resettlement This section:

(i) discusses the project’s potential impacts, and includes maps of the areas or zone of impact of project components or activities;

(ii) describes the scope of land acquisition (provide maps) and explains why it is necessary for the main investment project;

(iii) summarizes the key effects in terms of assets acquired and displaced persons; and

(iv) provides details of any common property resources that will be acquired.

D. Socioeconomic Information and Profile This section outlines the results of the social impact assessment, the census survey, and other studies, with information and/or data disaggregated by gender, vulnerability, and other social groupings, including:

(i) define, identify, and enumerate the people and communities to be affected;

(ii) describe the likely impacts of land and asset acquisition on the people and communities affected taking social, cultural, and economic parameters into account;

(iii) discuss the project’s impacts on the poor, indigenous and/or ethnic minorities, and other vulnerable groups; and

(iv) identify gender and resettlement impacts, and the socioeconomic situation, impacts, needs, and priorities of women. E. Information Disclosure, Consultation, and Participation This section:

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(i) identifies project stakeholders, especially primary stakeholders;

(ii) describes the consultation and participation mechanisms to be used during the different stages of the project cycle;

(iii) describes the activities undertaken to disseminate project and resettlement information during project design and preparation for engaging stakeholders;

(iv) summarizes the results of consultations with affected persons (including host communities), and discusses how concerns raised and recommendations made were addressed in the resettlement plan;

(v) confirms disclosure of the draft resettlement plan to affected persons and includes arrangements to disclose any subsequent plans; and

(vi) describes the planned information disclosure measures (including the type of information to be disseminated and the method of dissemination) and the process for consultation with affected persons during project implementation.

F. Grievance Redress Mechanisms This section describes mechanisms to receive and facilitate the resolution of affected persons’ concerns and grievances. It explains how the procedures are accessible to affected persons and gender sensitive.

G. Legal Framework This section:

(i) describes national and local laws and regulations that apply to the project and identify gaps between local laws and ADB's policy requirements; and discuss how any gaps will be addressed;

(ii) describes the legal and policy commitments from the executing agency for all types of displaced persons;

(iii) outlines the principles and methodologies used for determining valuations and compensation rates at replacement cost for assets, incomes, and livelihoods; and set out the compensation and assistance eligibility criteria and how and when compensation and assistance will be provided;

(iv) describes the land acquisition process and prepare a schedule for meeting key procedural requirements.

H. Entitlements, Assistance and Benefits This section:

(i) defines displaced persons’ entitlements and eligibility, and describes all resettlement assistance measures (includes an entitlement matrix);

(ii) specifies all assistance to vulnerable groups, including women, and other special groups; and.

(iii) outlines opportunities for affected persons to derive appropriate development benefits from the project. I. Relocation of Housing and Settlements This section:

(i) describes options for relocating housing and other structures, including replacement

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housing, replacement cash compensation, and/or self-selection (ensure that gender concerns and support to vulnerable groups are identified);

(ii) describes alternative relocation sites considered; community consultations conducted; and justification for selected sites, including details about location, environmental assessment of sites, and development needs;

(iii) provides timetables for site preparation and transfer;

(iv) describes the legal arrangements to regularize tenure and transfer titles to resettled persons;

(v) outlines measures to assist displaced persons with their transfer and establishment at new sites;

(vi) describes plans to provide civic infrastructure; and (vii) explains how integration with host populations will be carried out.

J. Income Restoration and Rehabilitation This section:

(i) identifies livelihood risks and prepare disaggregated tables based on demographic data and livelihood sources;

(ii) describes income restoration programs, including multiple options for restoring all types of livelihoods (examples include project benefit sharing, revenue sharing arrangements, joint stock for equity contributions such as land, discuss sustainability and safety nets);

(iii) outlines measures to provide social safety net through social insurance and/or project special funds;

(iv) describes special measures to support vulnerable groups;

(v) explains gender considerations; and

(vi) describes training programs.

K. Resettlement Budget and Financing Plan This section:

(i) provides an itemized budget for all resettlement activities, including for the resettlement unit, staff training, monitoring and evaluation, and preparation of resettlement plans during loan implementation.

(ii) describes the flow of funds (the annual resettlement budget should show the budget-scheduled expenditure for key items);

(iii) includes a justification for all assumptions made in calculating compensation rates and other cost estimates (taking into account both physical and cost contingencies), plus replacement costs; and

(iv) includes information about the source of funding for the resettlement plan budget. L. Institutional Arrangements This section:

(i) describes institutional arrangement responsibilities and mechanisms for carrying out the measures of the resettlement plan;

(ii) includes institutional capacity building program, including technical assistance, if required;

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(iii) describes role of NGOs, if involved, and organizations of affected persons in resettlement planning and management; and

(iv) describes how women’s groups will be involved in resettlement planning and management, M. Implementation Schedule This section includes a detailed, time bound, implementation schedule for all key resettlement and rehabilitation activities. The implementation schedule should cover all aspects of resettlement activities synchronized with the project schedule of civil works construction, and provide land acquisition process and timeline. N. Monitoring and Reporting

This section describes the mechanisms and benchmarks appropriate to the project for monitoring and evaluating the implementation of the resettlement plan. It specifies arrangements for participation of affected persons in the monitoring process. This section will also describe reporting procedures.

Source: Asian Development Bank, Safeguard Policy Statement 2009, p.51-54

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APPENDIX B

SAMPLE TERMS OF REFERENCE FOR THE CONDUCT OF THE SOCIO-ECONOMIC SURVEY OF PROJECT-

AFFECTED PERSONS AND INVENTORY OF LOSSES

(SAMPLE BASED ON BUTUAN CITY DRAINAGE IMPROVEMENT SUB-PROJECT PPTA)

1. General Background The objective of the PPTA (Project Preparatory Technical Assistance) is to prepare an investment package for the Agusan River Basin Integrated Water Resources Management Project (the Project The ARBIWRMP is a package of institutional and infrastructure interventions that aims to address the problems of watershed degradation and deteriorating river water quality in the Agusan River Basin. The ARBIWRMP investment package seeks to strengthen the institutional basis for coordinated development and management of the basin’s resources and enhance the management capacities of the relevant institutions. The project also has an infrastructure development component. The largest amounts are devoted to flood management, water resources development and watershed management programs. The Agusan River Basin Integrated Water Resource Management Project involves several components or sub-projects, some of which have potential involuntary resettlement (IR) impacts. ADB considers resettlement involuntary “when displaced individuals or communities do not have the right to refuse land acquisition that results in displacement.” It recognizes that involuntary resettlement, if unmitigated, could result in severe economic, social and environmental risks. It therefore seeks to i) avoid involuntary resettlement wherever possible, ii) minimize involuntary resettlement by exploring project and design alternatives, iii) enhance, or at least restore, the livelihood of all displaced persons in real terms relative to pre-project levels and iv) improve the standards of living of the affected poor and other vulnerable groups (Safeguard Policy Statement 2009, Appendix 2). Each sub-project with anticipated involuntary resettlement impacts shall prepare a sub-project resettlement plan (RP). Among the sub-projects being proposed for implementation which could result in some physical displacement is the Butuan City Drainage Improvement Phase 1 sub-project for the central business district. The proposed improvement works consist of the construction of new drains in the flood-affected areas where there are currently no drainage systems, replacement of existing under-sized drains by larger drains to increase the flow-carrying capacity of the drains, construction of additional stormwater inlets (catch basins), construction of flood/tide control gates and pump stations at selected locations, and implementing the segments of Langihan and Maon-Villa Kananga-Libertad Creeks which was not carried out by the Cotabato-Agusan River Basin Development Project (CARBDP) because of problems with right-of-way and compensation issues. The portions of the Langihan and Maon-Villa Kananga-Libertad Creeks which encountered right-of-way and compensation issues under the CARBDP are the areas expected to be affected by resettlement issues under the ARBIWRMP. Four types of impact are possible in the Butuan City drainage sub-project: 1) physical displacement of informal settlers residing on and along the Langihan creek; 2) loss of land by

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private landowners resulting from land acquisition for the possible widening of the Langihan creek channel; 3) loss of business shops and structures presently encroaching on existing drainages and on the right-of-way of new drainages to be built; and 4) temporary disruption to businesses during construction. Some existing drainages were built on private lands which had not been acquired by the city. Owners of these private lands will have to be compensated for land losses resulting from right of way acquisition. Measures will be taken in designing the civil works to avoid as much as possible acquisition of private lands and displacement of existing shops and residences. Still land acquisition could be unavoidable in some cases. 2. Scope and Objectives The socio-economic survey (SES) of project affected persons/households and inventory of losses (IOL) will be conducted to collect necessary information on all project-affected persons (PAPs) and households (PAHs) and affected assets for the preparation of the sub-project resettlement plan. The socioeconomic survey will collect information from 100% of the PAHs. The data to be collected will be disaggregated by gender. The data collected will be used as a baseline for assessing and monitoring resettlement impacts and designing rehabilitation measures. 2.1 The Socio-economic Survey The data to be collected for the SES would include:

the names and the personal information about the households (civil status and gender, information on women-headed households, elderly members, etc);

land and housing and security of tenure that denote status of ownership, type of real property and their location;

economic profile of the households which will indicate their monthly incomes and expenses, occupation, sources of income, ages and levels of education of household members, sources of livelihood or employment, information on savings, assets owned, and debts;

access to health services, water and sanitation; social networks such as membership in associations, types and projects of the

associations, if a registered voter of the community and type of assistance extended by the organization;

risks and vulnerabilities (pertaining to environmental risks, calamities, impoverishment brought about by relocation, social exclusion by being very poor, and households headed by women, elderly, disabled, etc.), peace and order and discrimination experience in the community, in which all data collected will be disaggregated for gender; and

perceived needs of the community. An appropriate questionnaire will be designed to be used in the SES and IOL survey. Maps of existing structures of the informal settlers and other PAHs will also be prepared and photos taken to document baseline conditions. Each questionnaire will be assigned an alpha-numeric code for tracking and safekeeping the records of the PAHs. The census and socio-economic data to be presented in the individual sub-project RPs will highlight the status of vulnerable household heads like women, elderly and those with disabilities. Such information is essential in allocating funds for special assistance to the vulnerable groups in addition to the regular entitlements.

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2.2 The Inventory of Losses survey ARBIWRMP’s involuntary resettlement policy requires that compensation be provided to owners of assets to be affected by the project. To achieve this policy objective, an inventory of losses (IOL) shall be conducted to identify the assets to be affected and their owners, and provide information for assessing the value of these assets. The inventory of losses survey will collect data on the affected assets from 100 per cent of PAHs based on the project design. Using the information provided by the project design and delineation of the sites for the various sub-project interventions, the affected areas will be determined. These will be mapped out, indicating affected land parcels and structures. Owners of land, residential, business and other structures, assets, including productive trees, within the affected areas will be interviewed to assess and validate what assets would be affected.

The IOL will compile information on all assets to be lost as a result of the project. The owners of these assets will be identified and considered as a PAH/PAP. For each PAH, the data on lost assets will include:

(i) Total and affected areas of agricultural and residential land, by type of land assets;

(ii) Total and affected areas of structures, by type of structure (main or secondary);

(iii) Legal status of affected land and structure assets, and duration of tenure and ownership;

(iv) Quantity of other losses, e.g., business or other income, jobs or other productive assets;

(v) Quantity/area of affected common property, community or public assets, by type;

(vi) Summary data on PAHs, by ethnicity, gender of head of household, household size, primary and secondary source of household income viz-a-viz poverty line, income level, presence of elderly or person with disability or special needs;

(vii) Identify whether affected land or source of income is primary source of income.

(viii) PAH knowledge of the subproject and preferences for compensation and, as applicable, preferred relocation sites and rehabilitation measures.

(ix) Digital photograph of household head and residential/ commercial structures. The data collected during the SES/census and IOL will constitute the formal basis for determining PAHs’ entitlements and levels of compensation.

Assessment of land losses Land losses due to the project will be assessed based on the principle of replacement cost. Replacement cost will be determined through a survey of the prices of land of the same quality within the vicinity of the original site. Methods for valuing affected assets The value of affected assets will likewise be determined based on the principle of replacement cost. The calculation of full replacement cost will be based on the fair market value of the lost asset. Depreciation of structures and assets should not be taken into account in computing replacement cost. Where applicable, the Engineering Office of the concerned LGUs will also conduct surveys on land costs and the prices of replacement materials within the vicinity of the affected sites. Consultations with the affected persons

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may also be conducted to obtain information about recent land transactions, land value by types, land use, cropping patterns and crop production, availability of land in the project area and other related information. Trees will be valued based on the remaining productive life of the tree, its average annual production and price of its fruits as certified by the local office of the Department of Agriculture.

3. Identification of PAHs/PAPs and Affected Assets Based on the design of the civil works to be built, the SES team, assisted by the City Engineer Office of Butuan City LGU and technical consultants of the Butuan city drainage sub-project, shall identify the PAPs/PAHs and the assets and structures to be affected. All persons and households that will experience displacement and/or loss of assets and productive capacity are qualified to receive compensation, resettlement and rehabilitation or income restoration assistance under the ARBIWRMP. The following categories of affected persons will be considered displaced persons eligible for compensation, assistance and benefits: i) persons with formal legal rights to land lost in its entirety or in part; ii) persons who lost the land they occupy in its entirety or in part who have no legal rights to such land but who have recognized or recognizable claims under national laws; and iii) persons who lost the land they occupy in its entirety or in part who have neither formal legal rights nor recognized or recognizable claims to such land. For the first category of affected persons, eligibility would be established through possession of a title or equivalent tenure instrument such as a free patent or certificate of ancestral domain title (applicable to tribes, not individuals). For the second category, eligibility would be established by showing proof of claims such as lot awards (for residential and agricultural lands, e.g. Certificate of Land Ownership Award, or CLOA). For the third category, actual occupation of the affected land will be the criterion, as in the case of urban or rural informal settlers, resident tenants or farmworkers on agricultural lands. Affected assets which will be compensated are objects with productive capacity and cannot be moved without destroying or diminishing its productive value. 4. Responsibilities of the Contractor The contractor/service provider to be hired to undertake the socio-economic survey and inventory of losses shall have the following responsibilities: (i) Prepare a workplan to carry out the objectives of the assignment in

accordance with the Terms of Reference; (ii) Design and make the necessary number of copies of the survey forms to be

used in the socio-economic survey and inventory of losses in accordance with the TOR and in consultation with the ARBIWRMP resettlement specialist; the forms will be in English and in the local language;

(iii) Pre-test the instruments with a sample of 10 randomly selected respondents for each instrument and revise and finalize the instruments accordingly;

(iv) Make the necessary arrangements and coordination with the Butuan city LGU, barangay officials, community organizations, business groups and other

stakeholders to be able to carry out the surveys in a smooth and orderly manner;

(v) Identify the SES and IOL survey respondents based on the sub-project design and in consultation with the City Engineer Office and the drainage consultants of the project;

(vi) Conduct the interviews with the PAHs/PAPs for the SES and IOL; (vii) Design the data processing and analysis methods and outputs of the SES and

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IOL, including frequency tables and cross tabulations of pertinent variables, in consultation with the ARBIWRMP resettlement specialist; (viii) Encode and process the data collected from the SES and IOL using MS

Access or SPSS; (ix) Conduct validation activities, as may be necessary, to ensure the accuracy of

the data collected; (x) Conduct key informant interviews with city engineering and building officials, shopowners, landowners, appraisers and other knowledgeable informants to obtain information on land values and prices of assets; (xi) Prepare and submit the outputs specified in Section 5 of the TOR to the ARBIWRMP Project Management Office within the specified period. (xii) Other related tasks as may be agreed with the ARBIWRMP PMO, through the Project’s resettlement specialist. 5. Outputs of the contracted services The contractor will be accountable for the timely delivery of the following outputs: (i) Draft and Final survey questionnaires for the SES (hard and digital copies) (ii) Draft and Final survey instruments for the IOL (hard and digital copies) (iii) Dummy tables showing how the data will be presented in their processed form (iv) Initial or preliminary results of the SES, within seven (7) days after the

completion of the survey, containing the following: a. Frequency tables presenting pertinent data on the PAHs as enumerated in Section 2.1 above. b. List of PAHs showing the type/s of impact or loss incurred, referenced by address or location (v) Initial or preliminary results of the IOL, within seven (7) days after the

completion of the survey, containing the following: a. Frequency tables presenting pertinent data on the PAHs as enumerated in Section 3.1 above. b. List of PAHs showing the type/s of impact or loss incurred, referenced by address or location (vi) Final report on the SES, within twenty-one (21) days after the completion of the survey, with the following contents: a. Analysis summarizing the major findings of the survey in accordance with the TOR b. Final/validated frequency tables and cross tabulations presenting pertinent data on the PAHs according to Section 3.1 above c. Validated list of PAHs showing the type/s of impact or loss incurred, referenced by address or location d. Socio-economic profile and affected assets of individual PAH (vii) Final report on the IOL, within twenty-one (21) days after the completion of the survey, with the following contents: a. Analysis summarizing the major findings of the survey in terms of the cost of compensating the PAHs, by type of asset lost; specifying the methods used for calculating the value of the assets by type of asset; sources of the data used in valuing the different types of assets will be specified b. Final/validated frequency tables and cross tabulations presenting pertinent data on the PAHs according to Section 3.1 above c. Validated list of PAHs referenced by address or location, showing the type/s of impact or loss incurred and the estimated value of the asset/s affected

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(viii) Photographs of PAHs, structures and assets included in the IOL, duly marked

to identify the PAH (ix) Maps showing the approximate location of the land parcels, structures, and

other assets included in the IOL; (x) Filled up SES questionnaires and IOL forms with each form marked with the assigned alpha-numeric code (xi) Electronic database of the PAHs and the corresponding affected assets. 6. Time Frame and Survey Management The time frame for the survey, data analysis and report preparation will be 2 months starting November 15, 2010. The SES and IOL will be conducted by experienced enumerators and supervised by qualified and seasoned survey research practitioners, in coordination with the LGU and the ARBIWRMP resettlement specialist. 8. Budget Estimate The budget will make financial provision for the following costs: (i) Operating Costs: a. Honorarium of survey specialist b. Allowances and transportation of enumerators, checkers c. Translation of survey instruments into local language d. Reproduction of survey forms e. Orientation and meetings with enumerators, technical consultants f. Production of photographs and maps g. Data processing software h. Encoding of data h. Production of Final Reports (ii) Management Fees

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APPENDIX C

SAMPLE QUESTIONNAIRE AFFECTED HOUSEHOLDS SOCIO-ECONOMIC AND INVENTORY OF LOSSES SURVEY

Instruction: Please do not leave any item blank. Write N/A if the question does not apply. Please specify where response is “Others”

PART 1 Section A. Household Identification

Survey No. _______ Date: __________ Meter #: __________ A1 Location _________ 1 Rural 2 Urban

Interviewed by: Checked by: Encoded by:

A2. Town/City__________________ A3 House Number/ Street/ Sitio:

A4 Barangay: _____________

A5 NAME of Respondent: A6 Relationship with Head of Household: 1 HH head 2 Wife/Husband 3 Other adult

A7 Civil Status: 1 Single 2 Married 3 Separated ] 4 Widow/er

A8 Gender: 1 Male 2 Female

A9 Number of persons living in household Total number of persons living in the Household ___ Number of persons living in the Household who are 14 years old and below ____ Number of persons living in the Household who are 65 years or over ____

A10 Number of Households living in the dwelling unit ______

A11 Year since the Household first stayed in the barangay ____________________

Section B. General Information about Household Head

B1 Name of Household Head ___________________ B2 Age ______ B3 Gender of Household head 1 F 2 M B4 Ethnic affiliation of HH: _______________ B5 Highest grade completed by the Household Head?

1 No schooling 2 Elementary 3 High School 4 Vocational training 5 College and over

B6 What is the current occupation of the Household Head? 1 Farming 6 Vendor 2 Fishing 7 Retired/Pensioner 3 Government employee 8 Own business 4 Private employee 9 Unemployed : 5 Labourer 10 Otners, Specity _______________

Section C. Housing and Land Tenure

C1 What is the ownership status of your house? 1 House owner 2 Caretaker 3 Rent-free occupant 4 Renter 5 Others, specify _________________

C2 What is the ownership status of the lot on which the house is built? 1 Owned 2 Caretaker 3 Rented/Leased 4 Common property with other family members or relatives 5 Government land 6 Others, specify:__________________________________

C3 Type of building/house 1 Single 2 Duplex 3 Apartment /condo/townhouse 4 Commercial/industrial or agricultural bldg 5 Others, specify _____________________________

C4 Observed materials that make up the dwelling unit: 1 Strong materials (galvanized iron, tile, concrete, brick stone) 2 Light materials (cogon, nipa, anahaw, wood) 3 Mixed but predominantly strong materials 4 Mixed but predominantly light materials 5 Salvaged/makeshift materials 6 Mixed but predominantly salvaged materials

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Section D. Household Income and Expenditure D1 How many members of this household are currently working or employed? _______ D2 How many persons contribute to household income? _______

D3 What is the estimated monthly income of your household for the past month?

D4 In your estimate, how much does your household spend for the following? (In pesos)

Saving

D5 On average, how much of your net income are you able to save in a month?

From regular employment _______

From other sources Business _______ Pension _______ Agriculture _____ Remittances (from Phil) _____ Remittances (OFW) _____ Others ________

TOTAL OF OTHER SOURCES _______

Food (per week) _____________ Clothing (per year) _________ Housing (amortization/rent, repair, etc.) - per year _____________ Transportation (per week) ________ Education (per year) _________ Furniture/appliances (per year) ____ Utilities (per month) a. Water _____________ b. Electricity __________ c. Telecommunications (telephone, cell phone, internet) ___________ d. Fuel for cooking (LPG, kerosene, charcoal, wood) _____________ Medical bills (per month) ______ Entertainment/recreation ____ Remittances to relatives outside household _____ Betting Cigarette/alcohol (per month) _____ Others, (e.g., TV cable) specify__________

1 None 2 1 - 1000 5 3001 – 4000

3 1001 - 2000 4 4001 – 5000 4 2001 – 3000 5 Above 5000 D6 What valuable items are owned by the household?

Item Yes – 1 No – 2

How many

Transport (car, motorcycle, tricycle)

Truck

TV

Tractor

Carabao

Farm equipment, specify

Fishing boat

Refrigerator

Telephone/Cell phone

Washing machine

Air conditioner

Personal Computer

Electric water pump/overhead tank

Others ____________

Section E. Water Sources and Willingness to be Connected E1. What is your primary source of water?

1 Piped connection 2 Public/Street faucet 3 Deep well 4 Shallow well 5 Spring/River/Pond/Stream 6 Rain 7 Water vendors (e.g, bottled water, container, peddlers) 9 Others; Specify: _______________________

E2. Does your household receive water from the ______ Water District (__WD)?

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1 Yes 2 No If NO, where does your piped water come from? 1 Neighbor who has own __WD piped connection 2 Others, specify: __________________

E.3 What do you think are the most important reasons for having a water connection?

1 Convenience 5 Alternative source(s) of water not adequate; quality not satisfactory 2 Health safeguards against water-borne diseases 6 Cheaper 3 Reliability of water supply 7 Others, specify: ___________________ 4 Status symbol (lifestyle)

E.4 How much piped water does your household consume per day or per month? _______________ per month [SEE MONTHLY BILL]

E. 5 How much non- piped water does your household consume per day or per month? _______________

per month ( Ask how much per container/drum or other form of containers) E.6 If the existing __WD piped water system is improved, such that all households receive 24-hour service 7

days a week, and water is safe to drink (meaning, no need to boil/filter water or buy bottled water), are you willing to get your additional water needs from the __WD piped connection? 1 Yes 2 No

If NO, where do you think your household would obtain the water? 1 Private well 2 Water vendors 3 Others, specify:_______________________ 4 Don’t know/not sure SECTION F: VULNERABILITY, Gender and Ethnicity

F1. Is your household headed by an elderly? 1 Yes 2 No If yes, what is the source of income? (Pls. check all that applies) 1 Pension 4 Income from agricultural produce 2 Remittance 5. Support from children /relatives 3 Business 6. Others _____________ F2. Does any member of the family have a disability? 1 Yes 2 No F3. If yes, in what way? 1 Physical 2 Mental 3 Both F4. Have any of the HH members been discriminated because of disability or social status? F5. Do you belong to any ethnic group? 1 Yes 2 No F6. If yes, have any of your household members discriminated because of your ethnicity? ____________________________________________ Gender F7. In the home, who is responsible for deciding on the following: Husband = 1 Wife = 2 3 = Both Husband/Wife

F14. If yes, then how far from the original location would you be willing to move? __________________________________ F15. How will you transport your belongings? ___________ F16.How much do you think would this cost you? ____________________________________________________ F17. Would you be willing to move to the land offered by the Project? 1Yes 2 No F18 If no why not? _____________________________ F19. In case it is required, would you be willing to move backward temporarily from the land/structure you are occupying? 1 Yes 2 No F20. If No, why not? ________________________________ F21. If yes, how far from the original location will you be willing to move? ___________________________________ F21. Should there be a need to cut trees and harvest crops during the project implementation, are you willing to give up these assets for the project? 1 Yes 2 No 3 NA (Skip if not applicable )

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Decides on water connection Decides when to renovate the house Decides the family’s economic activity Decides when to build a toilet/septic tank Responsible for cleaning the toilet and water containers Responsible for cleaning drainage/sewage systems Responsible for household garbage disposal Responsible for child care

Resettlement Impact F8. Are you aware of a project of the __(LGU/Water district) in your area? 1 Yes 2 No F9. If yes, Are you willing to cooperate with the project? F10. If No, do you want to get information about it? 1Yes 2No F11. Should there be a need to use any portion of your property for the project, Are you willing to give up temporarily this portion of your property with the promise of restoration? 1 Yes 2 No If No, why not? ___________________________ F12 If the proposed project would affect your dwelling, are you willing to resettle voluntarily? 1 Yes 2 No F13. If no, why not? ________________________________

F22. If yes, what project assistance do you expect from the Project/LGU? _____________________________________________ (skip if not applicable) F 23. If no, why not? What is your recommended action from the Project/LGU? _________________________________________ (skip if not applicable) F24. Are you currently extracting and/or using any natural resources in the forest/wetlands? 1 Yes 2 No 3 NA F25 What are these resources? (skip if not applicable) ___________ ____________ _____________ F25. How far away is the location of these resources from your house? (estimate in kilometers) ___________________ (skip if not applicable) F26 How often do you use these? (skip if not applicable) 1 Every day 1 Once a week 3 Once a month 4Others, specify F27 What resources are your currently using which you might not be able to use because of the Project? _______________ _____________ ____________ F 27 Are there other places you can go to access the same resources?___________________________________________ F28 Will you be able to go there? 1 Yes 2 No If no, why not? _______________________________ F29 How will female household members specifically be affected by resettlement?

PART 2 Section G: Affected Assets and Structures

G1: In this section, please list the land and structures you own that would be affected by the Project and provide the requested information related to them.

Type or Description of Affected Asset/s

Estimated Land/Lot size

Estimated price per square meter

Estimated value of structures affected

Status of Occupancy (owner, renter, caretaker-

sharer

Residential land

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Residential house

Warehouse

Animal pen

Business shop

Others, specify

G2: In this section, please list other productive assets you own that would be affected by the Project and provide the requested information related to them. (Skip this section if not applicable)

Estimated number of affected assets

Estimated value of affected assets

Trees

Crops

Others, specify

G3: In this section, please list natural resources that you access from the forest/wetlands to which your access would be affected by the project. (Skip this section if not applicable)

Description of affected natural resources used

Estimated value or income (a year) derived from natural resources

Firewood

Fish

Others, specify

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APPENDIX D

SAMPLE OF INVENTORY OF LOSSES SUMMARY

Profile of Affected Household (HH)

Income/ Expenditure

Value of Affected Structures (residential, business stall, warehouse, farm shed, waiting shed, community hall and

centers, animal pen etc.)

Value of Other affected assets (trees and crops)

Name of HH head

Gender

Number of HH

members

HH with disability

Estimated Monthly Income

Estimated monthly

expenditure

Description of Affected

Asset/s

Estimated Land/Lot size and

price

Estimated value of

structures affected

Status of Occupancy

(owner, renter,

caretaker-sharer

Estimated number of affected

trees and crops

Estimated value/tree or crops

1

2

3

4

5

6

7

8

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APPENDIX E

SAMPLE TERMS OF REFERENCE FOR THE REPLACEMENT COST STUDY

(Based on the Butuan City Drainage Improvement Sub-Project) I. Objectives The Replacement Cost Study (RCS) is aims to establish and verify the compensation rates for land, crops, trees, structures, and other non-land based assets to ensure that project-affected persons/households are compensated at replacement cost at current market value at the time of compensation.

II. Approach RCS will be carried out based on information collected from both desk research and direct interviews with people in the affected area, that include both persons who are affected and those not affected.

The desk research will focus on relevant publications, GOP materials from both central and local levels. Comparative market prices with those generated from the desk review, and direct interviews with people in the affected area, both those, whose assets are affected by the Project and those, whose assets are not, will produce reliable data for establishing the replacement cost. III. Methodology

A. Data Collection 1. Structures

The establishment of compensation for affected structures is based on the principle of replacement cost. The objective is to determine whether the provincial prices enable APs to rebuild their affected structures. The needed information will mainly be collected from direct interviews with parties involved, including owners of structures (both those whose structures are affected by the Project and those whose structures are not affected), construction contractors specialized in residential building.

Interviews will be conducted based on a pre-developed interview guide, which will cover the following issues:

Interviews with owners of structures:

Construction materials: - Main materials used for structures - Shops where construction materials were purchased - Distance of transporting materials - Origin of materials (local or overseas) - Costs of each identified materials

Labor

Interviews with materials supplier, hardware stores

Prices of construction materials

Interviews with construction contractors:

Main materials mostly used by local people to build structures

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Costs of main materials Cost of labor Average construction cost (per sq m floor) for different types of houses according

to established categories Validation of provincial construction prices (per sq m floor for each category)

The structures will include but are not limited to the following:

Houses Kitchens (in case they are separate structures from houses) Toilets, bathrooms (in case they are separate structures from houses) Garage Burial grounds Breeding facilities Wells Any other structure associated with the residence

Sample size: can range from 5 to 10 entities.

B. Land The RCS will determine whether provincial prices are sufficient or not to purchase the same quality and quantity of land. Compensation for loss of land is based on its market value. Data from the nearest Land Bank of the Philippines will be utilized. Also, data of recently sold land in the affected area or vicinity will be generated. Evidentiary documents regarding sales of land within the affected area will be collected to compare with provincial/Land Bank prices. The interviews will cover the following issues:

Recent land use rights transfer in the area Price that owners (affected and not affected persons) are willing to sell land

Price of land will be differentiated based on land use, such as, but not limited to:

Residential Gardening Agriculture Forest Land with water surface

The price of agricultural, forest land, and land with water surface will be differentiated by quality of land and its capacity to produce income for the households. This can be generated through the project. Sample size will be determined accordingly by the team. C. Crops and Trees The objective of the data-gathering is to determine is to determine the average market price for each type of crops and trees. The information will be collected from:

Secondary sources - Publications of National Statistical Office - Publications of Price Committee

Primary source: Interviews with people who own the same crops and trees in the locality. The

interviews will cover: - Price, at which owners are willing to sell each type of their crops and trees.

The prices for perennial trees will be differentiated by the age of the trees. Market, team will investigate the sales price of outputs of different types of crops

and trees in the market.

The team will determine an appropriate sample size across various groups.

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D. Other community-based assets and facilities Cost of facilities will similarly be based on the replacement costs as that of structures as presented above. Information to base the assessment will be conducted with officials in charge of constructing such facilities to determine material cost and labor cost.

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APPENDIX F

Philippine Laws and Statutes on Resettlement Applicable to ARBIWRMP

Aspects of Resettlement Policy

Relevant Laws and Statutes

Description

Land Acquisition - R.A. No. 8974 (An Act to Facilitate the Acquisition of Right of Way, Site or Location of National Government Infrastructure Projects and for Other Purposes) Sections 4,5,6,7 - R.A. No. 7160 (Local Government Code), Section 19. -Executive Order 1035 (issued in 1985)

Facilitates the Acquisition of Right-of-Way, Site or Location of National Government Infrastructure Projects by providing guidelines for expropriation proceedings, negotiated sale, valuation of land and improvements Provides for the LGUs’ exercise of the power of eminent domain. Provides the procedures and guidelines for the expeditious acquisition by the government of private real properties or rights thereon for infrastructure and other government development projects and the payment of compensation to agricultural tenants, farmers, cultural minorities (indigenous peoples) and settlers.

Compensation and Entitlements

R.A. 8974, Sections 8, 9, 10 and 13. R.A. 7279 (UDHA) Sec. 28 R.A. 8371 (IPRA) Sec. 7(d)

Provides for the compensation of affected properties based on current market prices. Requires the provision of “adequate relocation” with basic services and facilities and relocation assistance; if a relocation site cannot be provided, cash compensation equivalent to 60 days multiplied by the minimum wage shall be given by the local government unit. Provides that in case displacement occurs as a result of natural catastrophe, the State shall endeavour to resettle the displaced IPs in suitable areas where they can have temporary life support system and they shall enjoy security of tenure over lands to which they have been resettled.

Tenure Claims on forestlands

R.A. 8371, Indigenous Peoples Rights Act, Section 11 Community-based Forest Management (CBFM) Agreement DENR Administrative Order No. 42 Industrial Forest Management Agreement (IFMA)

Provides for the formal recognition of the rights of indigenous peoples over territories identified and delineated as ancestral domain through a Certificate of Ancestral Domain Title (CADT). Community-based Forest Management Agreement (CBFMA) entitles forest communities to use, develop forestland and resources for duration of 25 years; applies to areas classified as forest lands, including allowable zones within protected areas not covered by prior vested rights. IFMA is a production sharing contract entered into by and between DENR and a qualified applicant wherein the DENR grants to the latter exclusive right to develop, manage, protect and utilize a specified area of forest land and forest resources therein for a period of 25 years,

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Aspects of Resettlement Policy

Relevant Laws and Statutes

Description

Certificate of Stewardship Contract (CSC)

renewable for another 25 years. The CSC grants farmers (individual households) a right to occupy and cultivate a maximum of 10 hectares of land in upland areas (watershed) for 25 years, using agroforestry principles and technologies

Community Participation and Consultation

R.A. 7160 (Local Government Code), Sections 2 (c) and 27. R.A. 7279 (UDHA), Article I, Sec. 2; Article V, Sec. 23; Article VII, Sec. 28 (2) and IRR of UDHA, Sec. 3 R.A. 8371 (IPRA) Sections 16, 17

Provides for the conduct of prior consultation with affected communities on any project and require the approval of the concerned Sangguniang Panglunsod (city council). The provisions of this law also require consultations with affected persons and communities. The results of consultations will form part of the approval of the resettlement plans by the LGU’s Sangguniang Panglunsod (SP) Protects the right of indigenous peoples to participate in decision-making on matters affecting their rights, lives and destinies; and the right to decide priorities for development and to participate in the formulation and implementation of plans and programs for national, regional and local development

Social Rehabilitation R.A. No. 7279 (UDHA), Article V, Sections 21 and 22. Implementing Rules and Regulations of UDHA, Section 3, III (b.3.0)

Provision for basic services and livelihood opportunities to meet basic needs . The resettlement project shall act as conduit for the families to avail of manpower training and livelihood program through sustained networking and resource syndication activities

Monitoring Executive Order No. 152 (Series of 2002) Amended by Executive Order 708 (2009)

Prescribes for the monitoring of all types of eviction and demolitions involving underprivileged and homeless citizens by the Presidential Commission for the Urban Poor (PCUP). All national government agencies and local Government units should secure a Certificate of Compliance (COC) prior to the implementation of any eviction or demolition. E.O. 708 devolves the power to issue COCs to the local government units, specifically to the Local Housing Board (LHB), which LGUs are enjoined to create for this purpose. PCUP retains its monitoring duties.

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APPENDIX G

SAMPLE PROJECT INFORMATION BOOKLET (Based on the Butuan City Drainage Improvement Project

a sub-project of the Agusan River Basin Integrated Water Resources Management Project (ARBIWRMP)

QUESTION # 1. WHAT IS THE AGUSAN RIVER BASIN INTEGRATED WATER RESOURCES MANAGEMENT PROJECT OR ARBIWRMP? RESPONSE: The Agusan River Basin Integrated Water Resource Management Project (ARBIWRMP) is a package of institutional and infrastructure interventions that aims to address the problems of watershed degradation and deteriorating river water quality in the Agusan River Basin. Building on the recommendations of the Master Plan Final Report (May 2008) that was prepared to recommend priority projects, the ARBIWRMP investment package seeks to strengthen the institutional basis for coordinated development and management of the basin’s resources and enhance the management capacities of the relevant institutions. The project is being implemented with the Department of Environment and Natural Resources as Executing Agency in close cooperation and coordination with local government units, other line agencies, local water districts, private sector, and civil society groups. The ARBIWRMP involves several components. One of them is the Butuan city drainage improvement project. Other sub-projects include the rehabilitation of four priority watersheds in Compostela Valley (Manat, Logum-Baobo, Naboc, Upper Agusan), Agusan Marsh Biodiversity Conservation, Municipal water supply in Nabunturan, Esperanza and Prosperidad, social development programs for indigenous people and other target communities and institutional development for enhanced river basin water resources management. QUESTION # 2. WHAT IS THE BUTUAN CITY DRAINAGE IMPROVEMENT PROJECT? WHAT AGENCY WILL IMPLEMENT IT? RESPONSE: The Butuan City drainage improvement project is a project of the city government, in coordination with DENR, and to be funded by the Asian Development Bank. The proposed improvement works consist of the construction of new drains in the flood-affected areas where there are currently no drainage systems, replacement of existing under-sized drains by larger drains to increase the flow-carrying capacity of the drains, construction of additional stormwater inlets (catch basins), construction of flood/tide control gates and pump stations at selected locations, and implementing the segments of Langihan and Maon-Villa Kananga-Libertad Creeks which was not carried out by the Cotabato-Agusan River Basin Development Project (CARBDP) because of problems with right-of-way and compensation issues. QUESTION # 3. WILL THE CIVIL WORKS TO BE IMPLEMENTED UNDER THE BUTUAN CITY DRAINAGE PROJECT AFFECT OUR HOMES, LAND AND PROPERTIES?

RESPONSE: The project shall ensure that all affected persons will maintain or improve their pre-project living standards, income-earning capacity and production levels. The city government will engage in broad based consultations involving all persons, groups and entities that have a stake in the project, especially those who will be affected. In these

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consultations, the impacts on houses, land and properties will be disclosed and discussed. Information about the measures that will be taken to compensate, rehabilitate and assist the affected peoples and households will also be provided.

The civil works to be undertaken would entail some right-of way acquisition for the widening of identified waterways and the construction of new drainages and pumping stations. Some properties, including houses and shops, may be affected by the rehabilitation and clearing of existing drainages and widening of waterways.

QUESTION # 4. WHAT WILL HAPPEN TO THOSE WHOSE LAND WILL BE AFFECTED BY THE PROJECT?

RESPONSE: RESIDENTIAL LAND AND/OR COMMERCIAL LAND – 1. If land loss is permanent and is less than 10% with remaining land still viable for present use. For owners with acceptable proof of ownership, cash compensation for the affected land shall be at full replacement cost. 2. If land loss is permanent and more than 10% and/or the remaining land is not viable for continued use. For owners with acceptable proof of ownership, the following will be made available: (i) replacement land or cash compensation at full replacement cost Cash compensation at replacement cost or replacement land of equivalent value, size, quality and functionality. (ii) when affected land is larger than the relocation land, cash compensation to cover the difference in area shall be provided; (iii) replacement land shall be with secure tenure, free of taxes, registration and other fees; and (iv) if relocating, AP shall be provided free transportation. 3. If land loss is temporary, whether partial or full. For owners with acceptable proof of ownership, disturbance allowance will be provided equivalent to the comparable amount for rented space of similar size and location for the duration of the loss.

QUESTION # 5. IN CASE THERE WILL BE RELOCATION OF HOUSES AND/OR DISTURBANCE TO LIVELIHOOD/BUSINESS INVOLVED, HOW CAN THE PROJECT HELP THOSE AFFECTED TO REBUILD THEIR HOUSE AND/OR LIVELIHOOD/BUSINESS DURING RELOCATION?

RESPONSE: A. STRUCTURES – 1. If less than 10% of the structure is affected, but the remaining portion remains viable for continued use. For owners of structures with acceptable proof of ownership over the land, cash compensation at market rates for the affected portion of the structure, including the cost of restoring the remaining structure and reconnection of damaged utilities, with no deduction for salvaged building materials, will be provided. For owners of structures without acceptable proof of ownership over the land, including renters, disturbance allowance equivalent to 10% of the monthly rent x 3 months will be given. 2. If more than 10% of the structure is affected or the remaining portion is not viable for continued use. For owners of structures with or without acceptable proof of ownership over the land, the following shall be provided: (i) cash compensation for the entire structure and other fixed assets at replacement rates without deduction for salvaged building materials, (ii) dismantling and reconstruction assistance, (iii) transfer/relocation assistance, and (iv) transitional food assistance. For renters of affected structures, including renters of shanties, allowable entitlements are (i) disturbance compensation equivalent to 3 months of rent, and (ii) assistance in locating alternative rental. B. LIVELIHOOD/BUSINESS/EMPLOYMENT – Temporary or permanent loss of livelihood, business or employment, entitle all APs to (i) cash compensation for the period of livelihood/business/employment disruption if the loss is temporary, and (ii) cash compensation equal to one year income if the loss is permanent.

QUESTION # 6. WHAT WILL HAPPEN TO CROPS AND TREES?

RESPONSE: 1. Owners of affected crops will be entitled to cash compensation at full market value.2. Owners of affected trees will be compensated in cash based on species,

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age and productive value of affected trees.

QUESTION # 7. HOW WILL WE KNOW WHO ARE ENTITLED TO COMPENSATION?

RESPONSE: Entitled APs are those persons who will have been included in the census and inventory of losses survey. The cut-off-date of eligibility is the last day of the survey. Persons who encroach into the area after the cut-off-date will not be entitled to compensation or any other form of resettlement assistance.

QUESTION # 8. HOW WILL YOU ENSURE THAT ALL OF THE ABOVE ENTITLEMENTS WILL BE PROVIDED AND IMPLEMENTED AS PROMISED?

RESPONSE: To ensure that all affected persons would receive their full compensation and other entitlements, a project implementation office (PIO) will be established by the city government. The PIO will be responsible for conducting the socio-economic and inventory of losses surveys and preparing the resettlement plan. The resettlement plan will describe the implementation arrangements for delivering the entitlements to the affected persons and for monitoring the proper implementation of the policies on compensation and relocation. Consultations with the affected persons will be conducted as part of the preparation of the resettlement plan.

QUESTION # 9. IF THERE ARE ANY DISAGREEMENTS OR PROBLEMS ARISING DURING PROJECT IMPLEMENTATION SUCH AS THOSE CONCERNING COMPENSATION, TECHNICAL AND OTHER PROJECT-RELATED DISPUTES, DO I HAVE THE RIGHT TO VOICE MY COMPLAINT?

RESPONSE: Yes. A Grievance Redress Committee (GRC) will be established to receive complaints or problems during project implementation. In preparation for the setting up of the GRC, the PIO will meet with the Barangay Chairman to elect the members of the GRC. The GRC will be composed of five members: a barangay (village council) representative who will chair the GRC, a representative from the PIO as the vice-chairperson, a community leader who has been nominated by the PAPs/PAHs in previous consultations and two representatives of the PAPs/PAHs, one male and one female, as members.

QUESTION # 10: WHEN IS THE PROJECT EXPECTED TO COMMENCE?

RESPONSE: The Butuan City Drainage Improvement Project is expected to start in (MONTH & YEAR TO BE INSERTED) and be completed by the end of (YEAR TO BE INSERTED). If you have further queries and suggestions, please call or see us at: Butuan City Housing and Development Office _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Focal Person: ____________________________ Contact Number: __________________________

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APPENDIX H

CONSULTATION FRAMEWORK OF RP PREPARATION AND IMPLEMENTATION

Project Stages Topics to be covered

in the consultations Role of Affected

Households/Persons Reasons for Community

Participation Preparation of the Resettlement Plan

Rationale and Objectives of the project. • Possible resettlement impacts; alternatives considered; why resettlement cannot be avoided • Entitlements, compensation and assistance to be provided • Contents of the resettlement plan - Grievance Procedures; Election of representatives in the Grievance Committee

-Understand the Project rationale and objectives and need for resettlement - Give feedback on the entitlements, compensation and assistance policies and procedures - Give consent to the resettlement plan - Elect representatives in the Grievance Committee

- Early information about the project and possible resettlement impacts will enable AHs and APs to prepare for the impending displacement and to give their views and recommendations - Consultations will increase the likelihood of cooperation if concerns are addressed

Implementation of the Resettlement Plan

- Phasing or schedule of the transfer to the relocation sites - Procedures to be observed during relocation - Relocation assistance to be provided; who will provide them - Schedule and manner of distribution of entitlements - Grievance Procedures - Institutional arrangements, particularly responsible parties or offices and their respective roles in the resettlement process - Monitoring objectives, indicators and processes

- Provide feedback on the relocation schedule and procedures - Provide feedback on the schedule and manner of distribution of entitlements - Raise implementation issues and concerns - Utilize grievance mechanism if they have any grievance - Utilize institutional arrangements - Provide information relevant to project monitoring

-Facilitate smooth implementation of the resettlement plan - Facilitate prompt delivery of entitlements, compensation and assistance to the AHs and APs - Grievances channelled through appropriate grievance mechanism and are promptly addressed or resolved - Feedback on the conduct and effects of resettlement are taken into account in implementation decisions

Construction or Implementation Stage of the Project

- Additional assistance to be provided to AHs and APs, if needed - Continuing project impacts, if any - Opportunities for possible participation of APs in construction works

- Provide information on continuing project impacts if any - Present implementation issues and concerns

-Enable the Project to continually monitor resettlement impacts and respond to them promptly. - Enhance APs’ sense of ownership of the project and sharing in project benefits

Project Monitoring - Monitoring objectives - Process of monitoring; the activities and who are responsible - How APs and AHs would be able to participate in monitoring

- Provide feedback to the monitoring objectives, indicators and activities - Provide information relevant to the indicators and activities being monitored - Provide feedback to the findings of the monitoring activities

Enable the Project to get the perspectives of the APs and host communities in monitoring and assessing the achievement of resettlement objectives

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APPENDIX I

SAMPLE TERMS OF REFERENCE FOR RESETTLEMENT SPECIALIST

To be prepared at the appropriate time.