RP560 JULY 23, World Bank Financed Gansu Cultural and Natural Heritage Protection and Development Project

Transcription

1 Public Disclsure Authrized Public Disclsure Authrized Public Disclsure Authrized Public Disclsure Authrized Wrld Bank Financed Gansu Cultural and Natural Heritage Prtectin and Develpment Prject Wrld Bank Financed Gansu Cultural and Natural Heritage Prtectin and Develpment Prject Management Office JULY 2, 2007 RP560 1 INTRODUCTION 1.1 BACKGROUND AND OVERVIEW 1.2 PURPOSE OF THIS DOCUMENT 4 1. METHODOLOGY 4-1 -

2 1.4 LAYOUT OF THIS DOCUMENT 5 2 OBJECTIVES PRINCIPLES OF THE RAP OBJECTIVES OF THE RAP 5 PROJECT DESCRIPTION 6.1 PROJECT OVERVIEW 6.2 LAND ACQUISITION AND RESETTLEMENT 10. IMPLEMENTATION ARRANGEMENTS 11 4 SOCIO-ECONOMIC PROFILE GANSU PROVINCE LANZHOU MUNICIPALITY, YUZHONG AND YONGDENG COUNTIES HOUSEHOLD SURVEY 1 5 POLICY AND LEGISLATIVE FRAMEWORK KEY FEATURES OF NATIONAL LAW PROVINCIAL REGULATIONS MUNICIPAL REQUIREMENTS WORLD BANK INVOLUNTARY RESETTLEMENT POLICY STANDARDS FOR THE PROJECT INSTITUTIONAL FRAMEWORK 22 6 BREAKDOWN OF IMPACTS INTRODUCTION IMPACTS AT LUTUSI QINGCHENG CONSIDERATION OF ALTERNATIVES AND MINIMISATION OF RESETTLEMENT 29 7 ELIGIBILITY AND MITIGATION MEASURES ELIGIBILITY COMPENSATION STANDARDS AND MITIGATION MEASURES 2 7. LIVELIHOOD RESTORATION MEASURES AND SITE SELECTION 8 8 ORGANISATIONAL RESPONSIBILITIES RESETTLEMENT PROCEDURES ORGANISATIONAL FRAMEWORK INSTITUTIONAL ROLES AND IMPLEMENTING RESPONSIBILITIES 42 9 COSTS AND BUDGETS CONSULTATION AND PARTICIPATION CONSULTATION AND PARTICIPATION PROGRAMME INTERVIEWS AND MEETINGS WITH GOVERNMENTS AND COMMUNITIES HOUSEHOLD SURVEY

3 10.4 CONSULTATION ACTIVITIES IN LUTUSI CONSULTATION ACTIVITIES IN QINGCHENG INFORMATION DISCLOSURE IN LUTUSI AND QINGCHENG RESULT OF PUBLIC CONSULTATION FURTHER CONSULTATION AND DISCLOSURE GRIEVANCES AND DISPUTE PROCEDURES INTRODUCTION THE GRIEVANCE MECHANISM MONITORING AND EVALUATION INTRODUCTION MONITORING FRAMEWORK INTERNAL MONITORING EXTERNAL MONITORING SUBMISSION OF THE MONITORING REPORTS RESETTLEMENT COMPLETION 57 1 SCHEDULE FOR IMPLEMENTATION POLICY FRAMEWORK PRINCIPLES OF THE RESETTLEMENT POLICY FRAMEWORK LAWS AND REGULATIONS FOR RESETTLEMENT AND LAND USE PREPARATION AND PLANNING OF RESETTLEMENT ACTION PLAN INFORMATION DISSEMINATION AND PUBLIC CONSULTATION IMPACTS AND MITIGATION MEASURES GRIEVANCE REDRESS MECHANISM MONITORING AND EVALUATION INITIAL DATA ON YELLOW RIVER STONE FOREST CONCLUSION 62 ANNEX A: QUESTIONNAIRES OF LUTUSI AND QINGCHENG ANNEX B: LEGISLATION ANNEX C: LAND USE TABLES Intrductin This is the reprt f Resettlement Actin Plan (RAP) f the prpsed China: Gansu Cultural and Natural Heritage Prtectin and Develpment Prject (USD 79.4 millin, ), hereafter referred t as the prject. The prject will finance a series f pririty investments at key cultural and natural turism sites in Gansu Prvince, in additin t institutinal strengthening and training fr turism management in Gansu. BACKGROUND AND OVERVIEW Gansu Prvince, with its capital Lanzhu and a ttal ppulatin f 26 millin, is lcated in nrthwestern China. The ecnmy has traditinally been based n agricultural prductin, mining f the prvince s abundant mineral reserves, - -

4 and heavy industrial develpment. Pr infrastructure and Gansu s distance frm the cast, has largely kept Gansu islated frm the rapid develpment experienced by ther prvinces in China in the last tw decades. As a result, Gansu is the secnd prest prvince in China, measured by per-capita GDP. Mrever, the prvince cntains sme f the cuntry s prest cmmunities, as listed n the Gvernment s natinal pverty register. Gansu Prvince is situated at the famus silk rad which ccupies the central part f the cuntry s mainland with rich cultural heritage and precius relics. Hwever, lack f infrastructure has been an bstacle t the develpment f the turism industry in Gansu Prvince. Mga Grttes in Dunhuang, Jiayu Pass, Maiji Muntain Grttes in Tianshui and a few ther area turism resrts have relatively gd facilities. Prblems still exist in these resrts such as pr facilities, weak supprting services, pr access and pr management. These prblems are significant bstacles f the sustainable develpment f the turism industry. Fr the purpse t imprve the prtectin f cultural and natural heritage, Gansu prvincial gvernment submitted an applicatin t the Natinal Develpment and Refrm Cmmissin, Ministry f Finance in 200, which discussed a lan fr turism infrastructure cnstructin with the Wrld Bank. The prject was frmally listed in the fiscal year prjects planned by the Ministry f Finance. Gansu Cultural and Natural Heritage Prtectin and Develpment Prject ( the prject ) was apprved by the State Cuncil, which can be seen as an unprecedented pprtunity fr Gansu. PURPOSE OF THIS DOCUMENT The dcument has been prepared t the structure f a Wrld Bank Resettlement Actin Plan (RAP) accrding t the Guidelines f the Wrld Bank s Operatinal Plicies (O.P 4.12) n Invluntary Resettlement, and accrding t the Laws and Regulatins f the P.R. China and Gansu Prvince. This dcument gives recmmendatins fr actins that can be taken at this stage t ensure Prject Affected Peples (PAPs) can imprve r at least restre their standards f living after displacement, as per Guidelines f the Wrld Bank s Operatinal Plicies (O.P 4.12) n Invluntary Resettlement. Althugh n further displacement f peple is expected beynd that identified here, it is cnsidered t make prvisin fr any additinal displacement arising frm unfreseen prject activities. Therefre, the dcument sets ut the prcedures and prcesses t fllw in the event f additinal displacement arising frm the prject fllwing a Resettlement Plicy Framewrk apprach. METHODOLOGY The RAP was prepared by the Husehld Investigatin Department f the Gansu Statistics Bureau, during the prject preparatin perid ( ). Infrmatin n the tw sites at which there will be invluntary resettlement, Lutusi and Qingcheng, is surced frm separate individual Resettlement Actin Plans fr each site, prepared by Lanzhu University. Other infrmatin was prvided and supprted by the Prvincial Prject Management Office and Lcal Prject Management Offices

5 Envirnmental Resurce Management (ERM) Ltd prvided advice and guidance t the Gansu Statistics Bureau and PMO, n the steps t be taken t prepare the RAP and n the presentatin f this dcument. LAYOUT OF THIS DOCUMENT The dcument is structured accrding t the fllwing chapters: Chapter 2: Objectives Chapter : Prject Descriptin Chapter 4: Sci-Ecnmic Prfile Chapter 5: Plicy and Legislative Framewrk Chapter 6: Breakdwn f Impacts Chapter 7: Eligibility and Mitigatin Measures Chapter 8: Organisatinal Respnsibilities Chapter 9: Csts and Budgets Chapter 10: Cnsultatin and Participatin Chapter 11: Grievances and Dispute Prcedures Chapter 12: Mnitring and Evaluatin Chapter 1: Schedule fr Implementatin Chapter 14: Plicy Framewrk Chapter 15: Cnclusin Annex A: Questinnaires f Lutusi and Qingcheng Annex B: Legislatin Annex C: Land Use Tables Objectives This chapter describes the bjectives f the RAP. PRINCIPLES OF THE RAP Invluntary resettlement can be a disruptive and traumatic experience fr PAPs and have significant scial impacts. Hwever, the negative effects f resettlement can be mitigated, and psitive impacts maximised if resettlement is treated as an integral part f prject frmulatin and implementatin, rather than merely anther prject hurdle. OBJECTIVES OF THE RAP The bjectives f the RAP are t: Prevent r mitigate the adverse impacts assciated with resettlement and land acquisitin fr the prject; Maximise benefits f prject peratins t the lcal cmmunity as far as practicable; and Deliver entitlements f PAPs fr payment f cmpensatin and supprt fr re-establishing their livelihd while prviding a transparent recrd f cmpensatin payments made by the prject develper fr land acquisitin and displacement. The RAP helps achieve this thrugh the: - 5 -

6 Recmmendatin f a strategy that will restre the livelihds f PAPs, as a minimum, t a level equivalent t that prir t prject develper s invlvement by way f better shelter and access t services, training and facilitating cmmunity actin; Prvisin f guidance n the apprpriate invlvement f PAPs in all stages f resettlement and rehabilitatin; Detailing f the applicable land acquisitin and cmpensatin plicies and standards; and Outlining f respnsibilities fr implementatin and mnitring f the land acquisitin/resettlement prgramme and livelihd restratin strategies. The resettlement bjectives will be achieved thrugh: Cnducting resettlement in accrdance with the laws and regulatins f China and in accrdance with Wrld Bank plicies and guidelines gverning invluntary resettlement Wrld Bank Operatinal Plicy 4.12 and Wrld Bank Prcedure 4.12 ; The fair cmpensatin f prject affected peple in accrdance with the cmpensatin standards set ut in Gansu Prvince Implementing Regulatin n the Natinal Land Administratin Law 1999; The prvisin f assistance t prject affected peple twards develpment f pprtunities fr replacement emplyment r selfemplyment; Special attentin t disadvantaged grups including the pr (defined as husehlds belw the pverty line), the sick, wmen, handicapped, elderly; The cnducting f full and thrugh cmmunity cnsultatin thrughut the resettlement prcess; and The mnitring f the effective implementatin f the land acquisitin/resettlement prgramme and any livelihd restratin initiatives. Prject Descriptin This chapter prvides a summarised descriptin f the prject and its cmpnents. Full details f the prject descriptin are available in Appendix 1 f the Prject Appraisal Dcument, Detailed Prject Descriptin. PROJECT OVERVIEW The prject develpment bjective is t generate benefits fr lcal cmmunities frm the develpment f sustainable cultural turism in Gansu Prvince. The prject will achieve this bjective thrugh investment in a range f key sites f highly significant cultural and natural value, lcated acrss Gansu Prvince, accmpanied by investment in the institutinal capability fr sustainable turism management in Gansu

7 The prject cvers nine resrt sites in Lanzhu, Jiuquan, Jiayuguan, Zhangye, Tianshui and Baiyin Municipalities, as listed in Errr! Reference surce nt fund.. The lcatin map f the sites is presented in Figure 0.1. The prject cnsists f tw cmpnents as stated in the fllwing sectins. Sites Cmpnent 1 Prtectin and Develpment f Pririty The fllwing activities wuld be carried ut at each f nine sites: a) Heritage Cnservatin and Presentatin. The preservatin and cnservatin f key relics, research, interpretatin and presentatin f cultural and natural heritage assets; and b) Infrastructure, Turism Services and Envirnmental Prtectin. Investment in high pririty physical infrastructure at key cultural and natural heritage sites that raise lcal standards f living and have a high ptential fr prmting lcal ecnmic develpment thrugh turism. Prject activities at each site include a cmbinatin f: Restratin f cultural heritage sites; Restratin and cnstructin f turism service centres and museums; Rad cnstructin and upgrading; Cnstructin f parking Lt; Installatin r upgrading f electricity supply and lighting; Prvisin f envirnmental prtectin facilities, including water supply, tilets and wastewater drainage system, slid waste dispsal landfills etc; and Auxiliary facilities including landscaping, ftpaths, fencing and signage. Building Cmpnent 2 Institutinal Strengthening and Capacity This will include detailed prject design, prject management strengthening, training f site managers, staff and lcal residents in heritage cnservatin, site management and turism develpment (including study turs), and implementatin f several key prvince-wide turism and heritage studies designed t assist the Gansu Prvincial Gvernment (GPG) t develp the turism industry in Gansu. Table 0.1 Nine Sites f the Prject N. Site Name Municipality 1 Yellw River Stne Frest Park Baiyin 2 Jiayuguan Great Wall Jiayuguan Wei Jin Flk Culture Park Jiayuguan 4 Suyang Twn Jiuquan 5 Yardang Natinal Gelgical Park Jiuquan 6 Lutusi Ancient Gvernment Building Lanzhu 7 Qingcheng Ancient Twn Lanzhu Type f Significance Cultural and Cultural Natural Natural - 7 -

8 N. Site Name Municipality 8 Maijishan Scenic Area Tianshui 9 Mati Temple Scenic Park Zhangye Cultural Type f Significance Natural Cultural and Natural Budget The ttal budget fr the prject is RMB millin (USD 79.4 millin at 1USD = RMB 7.8). 70% f the prject budget will be financed by Wrld Bank, with a ttal Bank lan f USD 55.6 millin. The ttal csts fr Cmpnents 1 and 2 are currently estimated at RMB 58 millin and RMB 28.5 millin (USD.65 millin at 1 USD = 7.8 RMB), respectively. (Need t be updated) The prject is expected t start in 2008 and cmplete in

9 Figure 0.1 Overall Map f the Prject - 9 -

10 LAND ACQUISITION AND RESETTLEMENT T allw the prpsed prject develpment in the prject area, land acquisitin and physical displacement f residential huses will be necessary in tw sites lcated in Lutusi and Qingcheng, respectively. Details f the prject activities are utlined in Table 0.2 and Table 0.. Table 0.2 Land Use f Prject Activities in Lutusi Prject Activities Land Use Area (m 2 ) 1 Parking lt 2,000 Land Ownership 2 Turist service center 78 State-wned 4 Recnstructin f east and west Street Rad frm Xianjia Temple t the new parking lt 2,020 1,820 Land User Attachments Resettlement N.9 Village Grup f Liancheng Village Liancheng plice statin N.1, 2, Village Grup f Liancheng Village N.5 Village Grup f Liancheng Village Huse, trees Huse, trees Huse 5 Updating rad inside LutusiYamen 4,200 State-wned Lutusi Yamen N N 6 Landfill site Waste water treatment plant Parking lt resettlement 4,6 9 Plice statin resettlement 1,4 N. Village Grup f Liancheng Village N. Village Grup f Liancheng Village 10 Wall f Lutusi 72 State-wned Lutusi Yamen Walls N N N N Yes N Yes N Yes Yes Table 0. Land Use f Prject Activities in Qingcheng Prject Activities 1 Water supply Weiqing Rad cnstructin Dngtan Twnship Turism Rad Updating Rad in Wangxiangu Recnstructin f street and blck Land Use Area (m 2 ) Land Ownership Land User Attachments Resettlement N.2 Village Grup f Chenghe Village 24,000 State-wned Qingcheng Twn N N 48,000 State-wned N.7 Village Grup f Dngtan Village 2,200 State-wned Qingcheng Twn N N 9,250 State-wned Qingcheng, Xinmin and Chenghe Village Cllectivelywned Cllectivelywned Cllectivelywned Cllectivelywned Cllectivelywned Cllectivelywned 6 Bridge cnstructin 1, State-wned Qingcheng Twn N N 7 Restratin f many histrical huses 1,12 State-wned Qingcheng Twn N N 8 New service center 200 State-wned Qingcheng Twn Gvernment N N 9 Imprve Cllectivelywned f Xiaping Village N.2 Village Grup Land fill envirnme N Yes nt Water Cllectivelywned f Waya Village N.1 Village Grup 1 cnditin treatment Standing crps Yes N N N Yes Yes N

11 Prject Activities Land Use Area (m 2 ) Land Ownership Land User Attachments Resettlement Tilet and dustbin 400 State-wned Qingcheng Twn N N IMPLEMENTATION ARRANGEMENTS The Prvincial Prject Management Office (PPMO) is the main rganisatinal bdy established by Gansu Prvincial Gvernment t lead implementatin f the prject. Fr the prject sub-cmpnents, Lcal Prject Management Office (LPMO) have been established in the relevant municipalities, including Lanzhu, Jiuquan, Jiayuguan, Zhangye, Baiyin and Tianshui. T manage and implement the land acquisitin and resettlement f the prject, the PPMO has set up a Resettlement Office f three levels under the administratin f Prvincial, Municipal and Twn-level Prject Management Offices. Fr Lutusi and Qingcheng, the Lcal Prject Management Office (LPMO) has established Lcal Resettlement Offices (LRO), which will be respnsible fr land acquisitin, and resettlement and cmpensatin prcedures fr each site. The Lcal Resettlement Offices (LRO) under the Lcal Prject Management Offices (LPMO) includes fficials frm Lcal Land Resurces Bureau. The LRO reprts t the LPMO directly. Implementatin arrangements are depicted in Figure 0.2. Figure 0.2 The Implementatin Arrangements fr Land Acquisitin and Resettlement Prvincial Gvernment PPMO Lanzhu PMO Lutusi Ancient Gvernment Centre PMO Qincheng Ancient Twn PMO Lutusi Resettlement Office Qingcheng Resettlement Office Sci-Ecnmic Prfile This chapter describes the sci-ecnmic prfile f the prject area within Gansu Prvince

12 T ensure that the livelihds f prject affected peple are nt negatively affected by resettlement, and identify what supprt can alleviate this in any cases where hardship has been caused, it is necessary t have an understanding f the livelihds f peple living within the prject area befre resettlement. Fr a Resettlement Actin Plan, this is usually undertaken thrugh: Desk-based sci-ecnmic analysis, fllwed by Field-based: Husehld surveys Assets inventries and resurce assessments, and Cnsultatin meetings with peple t be affected. Such research and asset inventries when undertaken befre resettlement can als prvide a baseline f data against which future grievance claims can be checked. This can be used t prtect against fraudulent claims f peple being negatively affected by resettlement fr the prject. GANSU PROVINCE Gansu Prvince is lcated in the nrthwest f China and ccupies the central part f the cuntry s mainland with rich cultural heritage and precius relics. It encmpasses 14 municipalities, cnsisting f 86 cunty level districts. At the end f 2005, the ttal ppulatin f Gansu Prvince is 25,94,600, f which 7,788,00 (0.02%) are urban and 18,155,00 (69.98%) are rural. Gansu is ne f the mst ethnically diverse f all Chinese prvinces and autnmus areas. Of China s 56 ethnic grups, 45 live in Gansu (fr example, Hui, Tibetan, Dngxiang, Mnglian, Yugur, Bnan, Kazak etc.). The ttal ppulatin f ethnic minrities in Gansu in 2005 is,15,800, 12% f the ttal ppulatin. Cmpared with eastern prvinces, Gansu Prvince is less develped as measured by GDP, educatin, health, rads and ther infrastructure. Hwever as a result f significant recent gvernment investment in the regin, it is catching up. Fr example, ver the perid 2000 t 2005, GDP in Gansu Prvince average increased by 10.7% per year and achieved GDP RMB billin in Per capita GDP in 2005 is RMB 7, 477 and net incme fr farmers is RMB 1, 980 in 2005, an increased f 6.9% n the previus year. Gansu is ne f the prvinces targeted under the Gvernment s Great Western Develpment Initiative, which aims t alleviate pverty and restructure the ecnmies f the western prvinces. Thrugh this prgram, the Gvernment and Gansu Prvincial Gvernment have invested heavily in a wide range f prjects, including agricultural restructuring and transprtatin infrastructure. LANZHOU MUNICIPALITY, YUZHONG AND YONGDENG COUNTIES Lutusi and Qingcheng are lcated in Yngdeng and Yuzhng Cunties f Lanzhu Municipality respectively. Lanzhu Municipality is the capital f Gansu Prvince, including five districts (Chengguan, Qilihe, Anning, Xigu and Hnggu) and three cunties (Yngdeng, Yuzhng and Galan)

13 At the end f 2005, the ttal ppulatin f Lanzhu Municipality is,149,600, cnsisting f 7 ethnic grups. GDP in 2005 was RMB 56.7 billin, an increase f 12% n the previus year and per capita GDP is RMB 18,296. The structure f agriculture, industry and service is 4:44:52 in The net incme f urban peple is RMB 8,529 and that f rural peple is RMB 2,71. Table 0.1 present the demgraphic and ecnmic verview f Lanzhu Municipality, Yuzhng Cunty and Yngdeng Cunty. Table 0.1 Demgraphic and Ecnmic Overview f Yuzhng, Yngdeng and Lanzhu (2005) (1) Indicatr Lanzhu Yuzhng Yngdeng Cunty Cunty Ppulatin,149, , ,600 GDP (RMB) 56.7 billin 1.7 billin 4.1 billin Per capita GDP (RMB) 18,296 4,02 8,1 Rati f first, secndary and tertiary 4:44:52 28: 41: 1 1: 49: 8 industries Net incme f urban peple (RMB) 8,529 5,865 4,70 Net incme f rural peple (RMB) 2,71 1,866 2,070 HOUSEHOLD SURVEY Sci-ecnmic and husehld surveys were cnducted by Lanzhu University in February and June 2006 t understand the sci-ecnmic cntext f the prject-affected area. A ttal f 48 questinnaires fr Lutusi (41 were effective questinnaires, 85.4% recvery rate) and 98 questinnaires (90 were effective questinnaires, 91.8% recvery rate) fr Qingcheng were used fr the husehld survey within the prject area. The questinnaires are attached in Annex A Questinnaires f Lutusi and Qingcheng. The purpse f the survey was t: Gain sufficient data t bth supprt the prject in calculating cmpensatin and understanding hw t supprt livelihd restratin when necessary; and Defend against any ptentially fraudulent grievance claims. T assess the sci-ecnmic cntext f the affected area, the Wrld Bank recmmends that the husehld survey sectin f a RAP analyses data frm eight different types f questins that survey affected ppulatins. This is nt mandatry; hwever, it prvides the best verview f the cnditin f the PAPs and allws fr detailed planning. The questinnaire surveys cvered the fllwing: 1. Cnditin f family members; 2. Public pinin and suggestins; (1) Surce: Gansu Prvince Statistic Handbk

14 . Huses and attachments; 4. Land acquisitin; 5. Affected enterprises and institutins; 6. Affected infrastructure and facilities; 7. Sci-ecnmic situatin f affected villages; and 8. Pverty-stricken and vulnerable husehlds Accrding t the infrmatin cllected frm questinnaires, the key findings f the survey are listed in Table 0.2 and Table 0. belw: Table 0.2 Baseline Cnditins f Affected Husehlds in Lutusi Indicatrs Value Unit Ppulatin Registratin Rural 98.2 % Urban 1.8 % Belw % Age % Abve % Gender Male 5.76 % Female % Abve senir middle schl 1.2 % Educatin Junir middle schl 46.8 % Primary schl 29.8 % Illiteracy 11.2 % Husehld ppulatin 4. persn/husehld % Family incme % Abve % Family expenditure yuan/husehld (year) Area f huse m 2 /husehld Structure f huse Brick-wd 54.8 % Other 45.2 % Water supply Public 100 % Gas supply Cal 100 % Tilet Cmpsting tilet 100 % TV 100 % Washer 56.1 % Refrigeratr 26.8 % Other Assets Telephne 41.5 % Mbile Phne 4.9 % Tractr 29. % Mtrcycle 9 % Land 2.1 mu/husehld Accrding t the infrmatin available frm the husehld survey in Lutusi, almst all PAPs are registered as rural residents. Hwever they were mstly living in the twn r near the twn, and therefre have lt f pprtunities fr small businesses t earn mney t supplement incme gained frm farming. 41.5% f the interviewees rent huses t thers, 70.7% f the interviewees run their wn businesses and 22% seasnally migrate fr wrk. Table 0. Basic Cnditins f Affected Husehlds in Qingcheng Indicatrs Value Unit

15 Indicatrs Value Unit Average ppulatin/husehld 4 Persn Labur Labur frce 75.9 % Nn-labur frce % Farmer 1.4 % Farming and with thers business 8.92 % Emplyment Business 2.2 % Wrking utside fr shrt term 18. % Wrking utside fr lng term % University 7.17 % Educatin Middle schl 56.0 % Primary schl % Illiteracy 8.07 % Gd % Health Nrmal 8.11 % Bad 5.2 % *Average Net incme per capita 25 Yuan/year *Average Expenditure per capita 21 Yuan/year *Average Fd Expenditure per capita 1229 Yuan/year *Average Entertainment Expenditure per capita 26. Yuan/year Nte: The data with * is frm Qingcheng Statistical Handbk. Husehld surveys fr the tw sites were cnducted by different institutes resulting in different table structures. Vulnerable Grups Vulnerable grups generally include thse already living belw the pverty line, the landless, the elderly, wmen and children, indigenus peples and ethnic minrities, sick, handicapped, female-headed husehlds, r ther displaced persns wh may nt be sufficiently prtected thrugh natinal land cmpensatin legislatin. T fllw Wrld Bank Guidelines, the prject develper, is required t pay special attentin t these PAPs, and ensure that their livelihds are restred r imprved by the prject t avid the risk f destitutin caused by prject impacts. There were tw husehlds identified as vulnerable grups in Lutusi. Detailed infrmatin is mentined in Sectin ( ).. N vulnerable grups were fund at Qingcheng. Detailed measures t mitigate the risk f destitutin t very pr husehlds caused by prject are presented in Sectin ( ).. Plicy and Legislative Framewrk This chapter prvides a brief synpsis f the relevant Chinese regulatins and standards, and a descriptin f the prject s institutinal framewrk. Further details and the key features f the Wrld Bank Plicy n Invluntary Resettlement (OP 4.12) are prvided in Annex B Legislatin

16 KEY FEATURES OF NATIONAL LAW Cmpensatin The Land Administratin Law f the Peples Republic f China (1998) stipulates that where land acquisitin is necessary, cmpensatin shall be paid in accrdance with the riginal usage f the acquired land. Cmpensatin shall include (i) cmpensatin fr land, (ii) cmpensatin fr land attachments (eg trees, huses), and (iii) cmpensatin fr standing crps, and in additin (iv) a resettlement subsidy will be paid. The land cmpensatin fee fr cultivated land is 6-10 times the average annual utput value (AAOV) f the land in the previus three years preceding land acquisitin; In the case f Gansu Prject, relevant cmpensatin standards fr land attachments and standing crps are determined by the Gansu Prvincial Gvernment; The resettlement subsidy f acquired farmland shall be calculated accrding t the agricultural ppulatin t be resettled. The ppulatin t be resettled is calculated by the area f farmland divided by the average area f farmland per persn within the acquired unit; and, The resettlement subsidy fr displaced farmers shall be 4-6 times the AAOV in the previus three years. Hwever, the resettlement subsidy fr farmland shall nt exceed 15 times the AAOV. Shuld the land cmpensatin fee and resettlement subsidy be insufficient t restre the riginal standard f living fr displaced persns, the resettlement subsidy may be increased with the apprval f the relevant Prvincial Gvernment. Hwever, the sum f land cmpensatin and resettlement subsidies shall nt exceed 0 times the AAOV fr the three-years preceding acquisitin. The State Cuncil can raise the land cmpensatin fee and resettlement subsidy under special circumstances accrding t the scial and ecnmic develpment level f the prject area. Temprary Acquisitin The Land Administratin Law f the Peples Republic f China (2004) requires that where land wned by the State r by rural residents cllectives needs t be used temprarily fr cnstructin f prjects, the matter shall be subject t apprval by the land administratin departments f gvernments at r abve the cunty level. Hwever, if the land t be temprarily used is lcated in the area cvered by urban planning, the matter shall be subject t agreement by the urban planning administratin department cncerned befre it is submitted fr apprval. The land user shall, depending n wh wns the land and wh has the land-use right, enter int a cntract fr the temprary use f the land with the land administratin department cncerned, the rural cllective ecnmic rganizatin, r the villager s cmmittee and pay cmpensatin fr it in accrdance with the prvisins f the cntract. The temprary land user shall use the land fr the purpses stipulated in the cntract fr temprary use f the land and may nt build permanent structures n it. Generally, the perid fr temprary use f land shall nt exceed tw years

17 Resettlement in Urban Areas The Management Regulatin n the Dismantlement f Urban Huses (2001) applying t resettlement ccurring n stated wned land within an urbanplanning zne, requires that the prject develper and husehlds t be displaced shall sign a resettlement agreement that specifies the cmpensatin amunt and methd f payment, cnstructin space and lcatin f the new huse, timeframe f displacement, transitinal mde and time limit etc. It als requires that resettlement may nly be cnducted after the prject develper btains a resettlement permit. Cnsultatin and Disclsure Publicatin Rules n Land Acquisitin (200) requires that a Land Acquisitin Plan and Resettlement Cmpensatin Plan be submitted t the twn/village gvernment if rural land is t be acquired. The Land Administratin Law f the Peples Republic f China (2004) states that the relevant lcal gvernment shall publicise the resettlement plan and hear the cmments frm the agricultural cllective ecnmic rganisatin and the rural wrkers t be resettled. The Land Resurces Hearing Regulatin (2004) includes prvisins requiring that: (i). Landwners must be infrmed f the relevant laws and cmpensatin standards t be applied and their right t a dispute hearing; (ii). Agreement must be reached with affected land users prir t the land being requisitined; (iii).access t public dispute hearings shuld be free f charge t affected landwners; and (iv). Gvernment will cnsult with cmmunities prir t intrducing r amending cmpensatin standards. The Management Regulatin n the Dismantlement f Urban Huses (2001), requires that the residential resettlement administrative department shall publicise, by public ntificatin, the resettlement infrmatin stipulated n the resettlement license (2) simultaneusly when it issues the license, including: the resettlement prpnent, scpe and timeframe f the resettlement, etc. The husing resettlement administrative department and resettlement prpnent shall undertake infrmatin disclsure and ntificatin t husehlds t be displayed in a timely manner. PROVINCIAL REGULATIONS Cmpensatin fr Farmland Land acquisitin applicatins fr land with areas belw sizes f 5 ha fr farmland and 70 ha fr ther land will be apprved at prvincial level and reprt t the State Cuncil fr recrd. Cmpensatin fr farmland acquisitin and resettlement will be as described in Sectin Under the prvincial regulatins, when the acquisitin f (2) A resettlement licence develped by a licensed agency is required fr urban resettlement. Each city has its wn requirement. Gansu Prject invlves tw cities therefre theretically it needs tw resettlement licences

18 farmland is fr the purpse f infrastructure cnstructin, the fllwing cmpensatin standards apply: (i). When average farmland wned per capita is greater than 1mu, the land cmpensatin per mu is six t eight times the average annual utput f the land fr the past three years; and resettlement subsidy shuld be fur t six times f that; (ii). When average farmland wned per capita is less than 1mu and greater than 0.4mu, the land cmpensatin per mu is eight t ten times f the average annual utput fr the past three years; and resettlement subsidy shuld be six t eight times f that; and (iii).when average farmland wner per capita is less than 0.4mu, the ttal cmpensatin (land and resettlement) per mu shuld nt exceed 25 times f the average annual utput fr the past three years. Cmpensatin fr Other Types f Land Fr ther types f land, cmpensatin fr land acquisitin and resettlement, and attachments and standing crps shuld be distributed accrding t a series f detailed standards, prvided in Annex B. Demlitin f Buildings The Gansu Prvince Infrastructure Cnstructin Land Acquisitin Measures apprved n 0 March 2002, stipulates that: (ii). Huse dismantlement in urban areas shuld accrd with apprved city plans, redevelp ld parts f the city, imprve land use efficiency and living standards, and prtect cultural heritage; (iii).cunty gvernment and gvernment levels abve this shuld enhance the supervisin f urban huse dismantlement. Departments f Planning, Urban Cnstructin, Land Resurces, Public Security, and Industrial and Cmmercial shuld als cperate t supervise demlitins; (iv). When the dismantlement scpe is finalized, rganizatins and individuals within the scpe are prhibited frm cnstructing, expanding r renvating huses, altering the purpse f the huse and land, and renting r leasing the huse; (v). Cmpensatin can be in the frms f cash r replacement husing. Cash cmpensatin will be based n details f the dismantled huse stated n the prperty right papers (building area, lcatin, and purpse) and market price; (vi). In cases f the demlitin f huses and attachments used fr public services r welfare, the develper shuld rebuild the structure accrding t its riginal characteristics and size. Where recnstructin is nt pssible, cash cmpensatin shuld apply with apprval frm administratin bdy, r accrding t plans prduced by lcal gvernment accrding t verall planning; and, (vii). Demlitin f r damage t public buildings, cmmunicatin cables, pwer supply cables, pipelines and ther public infrastructures, and greenbelts shuld be cmpensated r restred accrding t relevant municipal and frestry standards

19 MUNICIPAL REQUIREMENTS The Lanzhu Municipal Urban Huse Dismantlement and Resettlement Cmpensatin Regulatin (Prvisinal) will apply t the sites f Lutusi and Qincheng. The regulatin is applicable t all huse dismantlement invlving cmpensatin and resettlement within the administrative bundary f the city. Details are prvided in Annex B Legislatin. Subsidy fr Small Business Accrding t Measures f Management f Lanzhu Municipality, Article 42, discntinue subsidy shall be prvided when discntinuatin f business activity arises. It shall be distributed fr each seasn, and based n huse areas, as fllws: Land Class I: RMB40/m 2 fr small business husehlds; RMB25/m 2 fr prductin husehlds; RMB15/m 2 fr fficial huses; and RMB10/m 2 fr strehuses. Other Classes: Decrease f 10% frm Class I. WORLD BANK INVOLUNTARY RESETTLEMENT POLICY The Wrld Bank first set ut its fficial requirements fr invluntary resettlement in 1990 in the Wrld Bank Guidelines OD 4.0, Invluntary Resettlement. In December 2001, this Guideline was replaced with Wrld Bank Operatinal Plicy 4.12 and Wrld Bank Prcedure 4.12 fr all prjects after 1 January The verall bjectives f the Wrld Bank s OP and BP 4.12 Invluntary Resettlement are the fllwing: Invluntary resettlement shuld be avided where feasible, r minimised, explring all viable alternative prject designs; Where it is nt feasible t avid resettlement, resettlement activities shuld be cnceived and executed as sustainable develpment prgrams, prviding sufficient investment resurces t enable the persns displaced by the prject t share in prject benefits () ; Displaced persns shuld be meaningfully cnsulted and shuld have pprtunities t participate in planning and implementing resettlement prgrams; and, Displaced persns shuld be assisted in their effrts t imprve their livelihds and standards f living r at least t restre them, in real terms, t pre-displacement levels r t levels prevailing prir t the beginning f prject implementatin, whichever is higher. () Lcal regulatins d nt address this, hwever, article 50 f China s Land Administratin Law (1998) states: Lcal peple's gvernments at all levels shall supprt rural cllective ecnmic rganizatins and peasants in their effrts tward develpment and peratins r in starting up enterprises. Hwever, this is the nly mentin f any frm f develpment beynd basic cmpensatin

20 Wrld Bank Operatinal Plicy 4.12 cntains a number f Required Measures that are relevant t the Gansu Cultural and Natural Heritage Prtectin and Develpment Prject, as fllws: Article 6 Requires that a Resettlement Actin Plan (RAP) be develped in rder t address sci-ecnmic impacts as a result f displacement. The RAP must include measures t ensure that the displaced persns are: Infrmed abut their ptins and rights pertaining t resettlement; Cnsulted n, ffered chices amng, and prvided with technically and ecnmically feasible resettlement alternatives; and Are prvided prmpt and effective cmpensatin at full replacement cst fr lsses f assets attributable directly t the prject. Where physical relcatin is unavidable, the RAP includes measures t ensure that the displaced persns are: Prvided assistance (such as mving allwances) during relcatin; and Prvided with residential husing, r husing sites, r, as required, agricultural sites fr which a cmbinatin f prductive ptential, lcatin advantages, and ther factrs at least equivalent t the advantages f the ld site. Where necessary t achieve the bjectives f the plicy, the RAP will include measures t ensure that displaced persns are: Offered supprt after displacement, fr a transitin perid, based n a reasnable estimate f the time likely t be needed t restre their livelihd and standards f living; and, Prvided with develpment assistance in additin t cmpensatin measures, such as land preparatin, credit facilities, training, r jb pprtunities. Article 8 states that particular attentin must be paid t the needs f vulnerable grups amng thse displaced, especially thse belw the pverty line, the landless, the elderly, wmen and children, indigenus peples, ethnic minrities, sick, handicapped, wmen-headed husehlds r ther displaced persns wh may nt be prtected thrugh natinal land cmpensatin legislatin. Article 10 indicates that the implementatin f resettlement activities is linked t the implementatin f the investment cmpnent f the prject t ensure that displacement des nt ccur befre necessary measures fr resettlement are in place. These measures include prvisin f cmpensatin and f ther assistance required fr relcatin, prir t displacement, and preparatin and prvisin f resettlement sites with adequate facilities, where required. In particular, the taking f land and related assets may take place nly after cmpensatin has been paid and, where applicable, resettlement sites and mving allwances have been prvided t the displaced persns. Article 11 states that preference shuld be given t land-based resettlement strategies fr displaced persns whse livelihds are land-based. Whenever replacement land is ffered, displaced persns shuld be prvided with land

21 fr which a cmbinatin f prductive ptential, lcatin advantages, and ther factrs is at least equivalent t the advantages f the land taken. If land is nt the preferred ptin f the displaced persns r sufficient land is nt available at a reasnable price, nn-land-based ptins built arund pprtunities fr emplyment r self-emplyment shuld be prvided in additin t cash cmpensatin fr land and any ther assets lst. Article 12 states that payment f cash cmpensatin fr lst assets may be apprpriate where livelihds are nt land-based. Cash cmpensatin levels shuld be sufficient t replace the lst land and ther assets at full replacement cst in lcal markets. Article 1 states that displaced persns and their cmmunities, and any hst cmmunities receiving them, are prvided timely and relevant infrmatin, cnsulted n resettlement ptins, and ffered pprtunities t participate in planning, implementing, and mnitring resettlement. Apprpriate and accessible grievance mechanisms are established fr these grups. In new resettlement sites r hst cmmunities, infrastructure, and public services are prvided as necessary t imprve, restre, r maintain accessibility and levels f service fr the displaced persns and hst cmmunities. Alternative r similar resurces are prvided t cmpensate fr the lss f access t cmmunity resurces (such as fishing areas, grazing areas, fuel, r fdder). Patterns f cmmunity rganizatin apprpriate t the new circumstances are based n chices made by thse t be resettled. T the extent pssible, the existing scial and cultural institutins f thse t be resettled and any hst cmmunities are preserved and the resettlers preferences are hnured with respect t relcating in pre-existing cmmunities and grups. Article 14 indicates that a census shuld be carried ut t identify thse that will be affected by the prpsed prject, and t discurage the inflw f thse ineligible fr assistance. A prcedure shuld be develped fr determining the criteria fr eligibility, which includes prvisins fr meaningful cnsultatin with PAPs and specifies grievance mechanisms (hwever, grievance mechanisms are nt clearly laid ut). Article 16 states that PAPs with frmal legal rights t the land that they ccupy and thse with claims t the land that are recgnized under Chinese law be cmpensated in accrdance with Article 6 (abve). Imprtantly, Article 16 als states that thse wh have n recgnizable legal right r claim t the land they are ccupying are prvided resettlement assistance in lieu f cmpensatin fr the land that they ccupy, as necessary, in rder t meet the bjectives f the Plicy. Resettlement assistance may cnsist f land, ther assets, cash, emplyment, and s n, as apprpriate. Article 19 indicates that in preparing the RAP, the prject develper shuld draw n apprpriate scial, technical, and legal expertise and n relevant cmmunity-based rganizatins and NGOs. The prject develper shuld infrm ptentially displaced persns at an early stage abut the resettlement aspects f the prject and cnsider their views in prject design

22 Article 21 states that the RAP must include arrangements fr the mnitring f resettlement activities by the implementing agent, supplemented by independent auditrs as cnsidered apprpriate. Article 24 states that the prject develper is respnsible fr adequate mnitring and evaluatin f the activities set frth in the RAP lcal regulatins and law. Upn cmpletin f the prject, the prject develper undertakes an assessment t determine whether the bjectives f the RAP have been achieved. The assessment takes int accunt the baseline cnditins and the results f resettlement mnitring. If the assessment reveals that these bjectives may nt be realized, the prject develper shuld prpse fllw-up measures. STANDARDS FOR THE PROJECT The prject, as a minimum will meet relevant PRC regulatins and laws. In particular, PMO shuld facilitate and r mnitr: Adherence by PMO t Wrld Bank plicies n resettlement; Adherence t PRC, Gansu and Municipal laws and regulatins relating t land acquisitin and resettlement; and Stakehlder engagement and cnsultatin in accrdance with PRC EIA law and Wrld Bank plicies. In additin the cmpensatin rates defined in regulatins are likely t be changed in the near future. The cmpensatin rate determined in the RAP shuld be n lwer than changed cmpensatin rate. If the changed cmpensatin rate f the regulatin is higher than it cnfirmed in the RAP, it shuld implement the cmpensatin rate f changed higher cmpensatin rate as defined in the regulatin. INSTITUTIONAL FRAMEWORK In accrdance with the law, the fllwing institutins will be invlved in resettlement activities arising frm the Gansu prject: Prvincial, municipal r cunty level gvernments; and Prvincial, municipal r cunty level land resurces administratin departments. In Gansu, Prvincial, Municipal r Cunty level Land Resurces Bureaux are equivalent t Land Resurces Administratin Departments (LRADs) and are in charge f land acquisitin and resettlement issues within their jurisdictinal area. Bx 0.1 presents the respnsibilities f LRADs in China. Fr resettlement in Lutusi and Qingcheng, Yuzhng Cunty r Yngdeng Cunty Land Resurces Bureaux respectively are respnsible fr the initial apprval fr land acquisitin. Lanzhu Land Resurces Bureau is respnsible fr the apprval f acquiring farmland fr cnstructin prjects and Gansu Land Resurces Bureau is respnsible fr final apprval f the land use implicatins f the prject

23 Hwever, Lcal PMOs (bth Lutusi and Qingcheng) have established a Resettlement Office (RO) with representatives frm lcal gvernment and the lcal Land Resurces Bureau fr the respnsibilities f resettlement issues f their individual cmpnent f Gansu prject. Detailed respnsibilities and prcedures are set ut in Chapter 0. It is cnsidered that all institutes shuld have sufficient capacities t cnduct the land acquisitin prcedure, slve any resettlement-related issues during the prject develpment perid. The Lcal PMO will als engage an independent mnitring agency t undertake reviews f prject resettlement, prvide technical cnsultatins and infrmatin abut resettlement. Bx 0.1 China Land Resurce Bureaus (LRBs) In China, the Land Resurce Bureaus (LRBs), r Land Resurce Administratin Departments (LRADs), are district and twnship gvernment departments with respnsibilities t: implement natinal and prvincial laws, regulatins and plicies n land management. establish plicies, standards, criteria and measures n management, prtectin and utilizatin f land. rganize planning f land utilizatin and state-wned and ther special planning. take part in auditing f city planning, direct and audit planning f land use f districts, cunties/twns. pre-audit land use fr cnstructin prjects, direct and audit special planning. supervise and inspect the implementatin f administrative enfrcement. prtect the legal rights f wners and users f land and rganize the investigatin and handling f serius rights wnership disputes as well as investigate cases vilating the law. implement agricultural land use cntrls and rganize the prtectin f prime farmland. rganize and instruct the develpment f unused land, land settlement, land reclamatin and cnstructin f standard farm land. implement investigatin f municipal surveying and recrds f land resurces as well as land statistics and dynamic mnitring. take charge f land wnership classificatin, registratin and certificate issuance. establish and implement management measures n the distributin, remise, lease, investment, transfer transactin and gvernment acquisitin cnservatin. manage and supervise land assets and the land market. take charge f the bidding f use right and auctin f state-wned land. wrk ut management measures n land utilizatin f villages/twns. manage the turnver f cllective nn-farmland use rights. manage municipal land prices. wrk ut, examine and declare prjects f farmland use change, land acquisitin, farmland supplement and land prvisin as well as implement, inspect and apprve. manage the municipal acquisitin and remval f cllective land. examine and apprve settlement slutin s fr reimbursement f land acquisitin. take charge f state-wned land resurces technlgy, prpaganda and educatin as well as crrespndence and cperatin between state-wned land resurce system and utside. Breakdwn f Impacts This chapter summarizes the ptential impacts f the prject wing t land acquisitin and resettlement. INTRODUCTION Invluntary resettlement is ften extremely disruptive t the lives f thse affected

24 Invluntary resettlement refers bth t physical displacement (relcatin r lss f shelter) and t ecnmic displacement (lss f assets r access t assets that leads t lss f incme surces r means f livelihd) as a result f prject-related land acquisitin. (Surce: IFC Perfrmance Standard 5: Land Acquisitin and Invluntary Resettlement). Key impacts f resettlement n PAPs can be summarized as fllws: Lss f land; Lss f prductive assets (fr e.g. crps, trees and livestck pens etc.) and ther assets (fr e.g. facility, small businesses); Lss f huses (fr e.g. dwelling huse) and structures (fr e.g. wall, shelter); Lss f assets by vulnerable grups; and Affects n public utilities and assets. It shuld be nted that Chapters 1-1 f this RAP cncern nly Lutusi and Qingcheng sites, because they are the nly sites ut f the nine t be addressed by the prject that will physically r ecnmically displace peple. Chapter 0 prvides a plicy framewrk t guide prvincial and lcal PMOs t meet the bjectives f the RAP, if further displacement is inevitable at the ther nine sites r elsewhere, during the implementatin f the prject. Fr example at Yellw River Stne Frest Park and Maijishan Scenic Area the exact lcatins f infrastructure are still under cnsideratin and nt cnfirmed at the time f preparing this RAP. Each ptential impact f Lutusi and Qingcheng is briefly described belw and the pssible mitigatin measures are described in Sectin ( ).. Detailed land use status fr the ther nine sites (besides Lutusi and Qingcheng) is described in Annex C Land Use Tables. IMPACTS AT LUTUSI Prject Land Take and Affected Ppulatin In ttal, 9.46 mu (4) (6500m 2 ) f land f tw Village Grups (N. and N.9), Liancheng Village, Liancheng Twn will be permanently used fr the Lutusi prject. The detailed temprary land take will be cnfirmed during the cnstructin perid. Details are summarized in Table 0.1. Table 0.1 Land Take and Affected Ppulatin in Lutusi Prject Activities Permanent Land Take Area (mu) Type f Land Physically Displaced Peple Ecnmically Displaced Peple Temprary Land Take Physically Displaced Peple Ecnmically Displaced Peple HH PP HH PP HH PP HH PP Ntes (4) 1 MU= 667 m

25 Prject Activities Permanent Land Take Area (mu) Parking Lt 2.66 Hst site fr peple displaced frm parking lt area Rehabilitatin f Ancient Street Landfill site 1 Waste water treatment plant Ttal Type f Land Physically Displaced Peple Ecnmically Displaced Peple Temprary Land Take Physically Displaced Peple Ecnmically Displaced Peple HH PP HH PP HH PP HH PP Ntes 7 husehlds living Huse plts and farmland in the area will be resettled; 1 husehld will be ecnmically displaced. This cnsists f: five husehlds (9 peple) that rent Small business premises in businesses this area; and three husehlds (18 peple) that wn these premises. The land belngs t 5 Class III husehlds and will Irrigated be taken fr 7 Farmland husehlds and the plice statin Residential huse Private business Peple that rent the huse fr small business Cllectively wned business 1 unit A plice statin will be resettled. Class III Irrigated Farmland 0. Barren land Nte: 1 mu=667m 2 7 hh and 1 plice statin Prject Affected Dwelling Huses In ttal 12 dwelling huses will be affected by Lutusi prject develpment: 7 husehlds will be demlished fr the cnstructin f the parking lt; 5 husehlds will be temprarily mved frm their dwellings during the recnstructin f the ancient street. Details f the affected dwelling huses are presented in Table 0.2 and Table 0.. In additin, the premises f several businesses will be permanently remved. Five husehlds (9 peple) rent these premises frm a ttal f three husehlds (18 peple) that wn the premises. All will require cmpensatin fr permanent displacement. Table 0.2 Structure Details f Affected Dwelling Huses in Lutusi Structure f Affected Dwelling Huse Parking Lt (m 2 ) Ancient Street (m 2 ) Ttal Area (m 2 ) Brick-cncreted