People s Republic of China: Gansu Tianshui Urban Infrastructure Development Project

Transcription

1 Resettlement Plan July 2013 People s Republic of China: Gansu Tianshui Urban Infrastructure Development Project Prepared by Tianshui Urban Construction Investment Group Co. Ltd. for the Asian Development Bank.

2 CURRENCY EQUIVALENTS (as of 19 July 2013 Currency unit (CNY) CNY1.00 = $ $1.00 = CNY ABBREVIATIONS AAOV annual average output value ADB Asian Development Bank AP affected person CNY yuan HH household (in tables) IALAR implementing agency land acquisition and resettlement M&E monitoring and evaluation MLGL minimum living guarantee line PRC People s Republic of China PRO project resettlement office RC resettlement community RO resettlement office RP resettlement plan SOL state-owned land TMG Tianshui Municipal Government TPMO Tianshui Project Management Office TUCIC Tianshui Urban Construction Investment Group Co. Ltd. TXDC Tianshui Xiqin Demolition Company NOTE In this report, "$" refers to US dollars. This updated resettlement plan 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. Your attention is directed to the terms of use section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

3 GANSU TIANSHUI URBAN INFRASTRUCTURE DEVELOPMENT PROJECT (ADB Loan 2760-PRC) RESETTLEMENT PLAN (Updated) () Tianshui Urban Construction Investment Group Co. Ltd. Submitted on February 2013 Revised version April 2013 Revised July 2013

4 Abbreviation All abbreviations were explained in the text. AAOV ADB AP CNY HH IALAR M&E MLGL PRC PRO RC RO RP SOL TMG TPMO TUCIC TXDC annual average output value Asian Development Bank affected person yuan household (in tables) implementing agency land acquisition and resettlement monitoring and evaluation minimum living guarantee line People s Republic of China project resettlement office resettlement community resettlement office resettlement plan state-owned land Tianshui Municipal Government Tianshui Project Management Office Tianshui Urban Construction Investment Group Co. Ltd. Tianshui Xiqin Demolition Company

5 ENDORSEMENT LETTER OF RESETTLEMENT PLAN Asian Development Bank: The resettlement plan (hereinafter referred to as RP) of the road and bridge components of ADB-financed is prepared and compiled in accordance with relevant resettlement regulations of ADB Safeguard Policy and relevant laws and legislations of the Government of the People s Republic of China. During implementation of the project, we will strictly abide by this RP. Date: July 17_, 2013 Signature: Mr. Zhao Yaoxiong General Manager Tianshui Urban Construction Investment Group Co. Ltd. ii

6 TABLE OF CONTENTS EXECUTIVE SUMMARY... 1 E0. Introduction for the Updated RP... 1 E1. Description of the Project and Land Acquisition and Resettlement Impacts... 2 E2. Resettlement Principles and Entitlements... 2 E3. Public Participation and Grievance... 3 E4. Resettlement and Livelihood Rehabilitation... 3 E5. Institutional Arrangement... 3 E6. Cost and Schedule... 4 E7. Monitoring and Evaluation... 4 I. PROJECT OVERVIEW INTRODUCTION OF TIANSHUI CITY PROJECT CONTENTS REGIONS AFFECTED BY THE COMPONENT MEASURES TO MITIGATE IMPACTS Measures Adopted at the Project Design Stage Measures to Be Adopted during LAR Measures to Be Adopted during Construction PREPARATION AND PROGRESS OF THE PROJECT OWNERSHIP OF THE COMPONENT... 9 II. PROJECT IMPACT ANALYSIS DEFINITION OF PROJECT IMPACT PROJECT IMPACT SURVEY PROJECT IMPACTS IMPACTS OF LAND ACQUISITION Land Acquisition Temporary Land Occupation AFFECTED BUILDINGS Affected Residential Buildings Affected Buildings of Enterprises and Institutions Affected Temporary Buildings Affected Attachments on the Buildings Affected Vulnerable Groups Identification of Affected Vulnerable Groups Affected Families of Vulnerable Groups III. ANALYSIS ON SOCIO-ECONOMIC SURVEY OF PROJECT IMPACT GENERAL INTRODUCTION OF SOCIO-ECONOMIC DEVELOPMENT OF THE REGIONS AFFECTED BY THE PROJECT GENERAL SITUATION OF AFFECTED VILLAGES ANALYSIS ON AFFECTED FAMILIES Basic Information of Affected Family Members Economic Situation of Affected Families IMPACT ON ETHNIC MINORITIES AND GENDER IMPACT on Non Residential Units IV. Legal and Policy FRAMEWORK GENERAL POLICY BASIS Relevant Laws and Provisions Enacted by the Central Government Regulations and Policies Enacted by the People s Government of Gansu Province iii

7 ADB s Policies on Involuntary Resettlement SUMMARY OF MAIN LAWS, REGULATIONS AND POLICIES Summary of Relevant National and Provincial Laws and Regulations Abstracts of related regulations and rules of Tianshui City and Gansu Province ADB s Relevant Policies on Involuntary Resettlement Comparison of ADB s involuntary resettlement policies with the PRC s LAR policies TARGET OF RESETTLEMENT COMPENSATION CONDITIONS COMPENSATION PRINCIPLES COMPENSATION STANDARDS Land Compensation Standards Social Pension Insurance of the Landless Farmers Compensation Standards for Temporarily Occupied Land Compensation on House Demolition Moving and Transition Cost Compensation for Business Operation Compensation for Temporal Housing Chiyu Road House Demolition Policy (May 23, 2012) Policy Basis Demolition Area The Principles of Land Acquisition and Demolition The Standards of Land Acquisition and Demolition The Standards of Resettlement Maiji New Town Resettlement Plan Restoration of Infrastructure and Ground Attachments Entitlement Matrix V. PUBLIC PARTICIPATION AND CONSULTATION PUBLIC PARTICIPATION AND CONSULTATION ACTIVITIES PERFORMED FEEDBACK ON PUBLIC PARTICIPATION AND CONSULTATION CONSULTATION PLAN WITH AFFECTED POPULATION METHODS OF CONSULTATION OF AFFECTED POPULATION DURING PROJECT IMPLEMENTATION INFORMATION DISCLOSURE VI. IMPLEMENTATION PLAN FOR RESETTLEMENT AND REHABILITATION OBJECTIVES AND PRINCIPLES Objectives of resettlement and rehabilitation Principles of Resettlement and Rehabilitation THE RESETTLEMENT OF URBAN RESIDENTS The Plan of the Resettlement of Urban Residents Economically Affordable Houses The Plan of the Resettlement of Urban Residents THE RESETTLEMENT OF RURAL HOUSEHOLDS Independent relocation by Chengji Road villagers Resettlement Plan of Chiyu Road villagers REHABILITATION OF THE LIVING CONDITIONS OF FARMERS AFFECTED BY LAND ACQUISITION The Overall Plan The RP for APs production RESETTLEMENT AND REHABILITATION OF AFFECTED SELF-EMPLOYED HOUSEHOLDS RESETTLEMENT AND REHABILITATION OF AFFECTED SMALL BUSINESSES OR SHOPS 98 iv

8 6.8 REHABILITATION OF SPECIAL FACILITIES RESETTLEMENT AND REHABILITATION OF AFFECTED VULNERABLE GROUPS SCHEDULE OF RESETTLEMENT AND REHABILITATION CAREER TRAINING FOR RELOCATORS VII. BUDGET AND MANAGEMENT OF RESETTLEMENT COMPOSITION OF RESETTLEMENT FUND Land acquisition compensation Relocation compensation Specialized compensation for rehabilitation and conversion Administrative cost Other relevant costs Administrative cost Contingency cost RESETTLEMENT BUDGET ALLOCATION AND PAYMENT OF RESETTLEMENT FUND Resettlement fund receivers Source and flow of resettlement fund PAYMENT, MANAGEMENT AND MONITORING OF RESETTLEMENT FUND Payment of resettlement fund Management and monitoring of resettlement fund VIII. RESETTLEMENT ORGANIZATIONS ORGANIZATIONAL STRUCTURE RESPONSIBILITIES OF ORGANIZATIONS RESPONSIBILITIES OF ORGANIZATIONS Tianshui Municipal Finance Bureau TUCIC The Department of Land Reserve, TUCIC External monitoring organization PERSONNEL AND FACILITIES OF RESETTLEMENT ORGANIZATIONS AT ALL LEVELS MEASURES FOR INSTITUTIONAL STRENGTHENING IX. COMPLAINTS AND APPEALS METHODS OF COLLECTING DISSATISFACTION AND COMPLAINTS PROCEDURE OF COMPLAINING AND APPEALING PRINCIPLES OF HANDLING COMPLAINTS CONTENTS AND WAYS OF REPLYING TO COMPLAINTS Replies to complaints Ways of replying complaints RECORDS OF COMPLAINTS AND APPEALS AND RELEVANT FEEDBACK Contact Information for Complaints and Appeals Budget for Complaints and Appeals Management X. RESETTLEMENT MONITORING INTERNAL MONITORING Purpose and principles Procedure of internal monitoring Contents of internal monitoring Methods of internal monitoring Internal monitoring agency and personnel assignment Responsibility of internal monitoring agency Cycle of internal monitoring and reporting External Monitoring v

9 Purpose of external monitoring External monitoring organization and monitoring personnel Assignments of the external monitoring organization Means and procedures of external monitoring Contents of independent monitoring Reporting system for independent monitoring APPENDIX I RESETTLEMENT INFORMATION BOOKLET I. General situation of the project APPENDIX II Due Diligence Report on LAR of Maiji District New Road Network and Shetang Wei River Bridge 137 I. INTRODUCTION II. DUE DILIGENCE ON MAIJI DISTRICT NEW ROAD NETWORK SUBPROJECT Backgrounds of the Project Road Network Engineering of Maiji Newtown Impact of the project Compensation for the Land Acquisition Employment Plan for Villagers Income Restoration Relocation and Compensation for the Affected People III. DUE DILIGENCE ON SHETANG WEI RIVER BRIDGE SUBPROJECT Construction of Shetang Wei River Bridge Land Acquisition IV. CONCLUSIONS Construction of Maiji District New Road Network Construction of Shetang Wei River Bridge vi

10 EXECUTIVE SUMMARY E0. Introduction for the Updated Resettlement Plan 1. The resettlement plan (RP) is updated on the basis of detailed measurement survey (DMS). Construction content of each subcomponent does not change. During the phase of detailed design, land acquisition and house demolition has been reduced to a great extent. Physical impact indicator indicates that mu of land is added during land acquisition because some villages include acquired land for other domestic project within Chengji road scope. These projects follow the same policy standards during land acquisition. House demolition was reduced to a great extent during the detailed design phase. House demolition impacts on 9,842 square meters (m 2 ) of houses, 52 households (176 persons), 12 self-employed enterprises, 26 shops was reduced, while the compensation costs increased CNY5,836,078 due to the increasing compensation standard. The comparison for impact is shown in Table 0-1. Table0-1 Impact comparison Type Unit Planned Updated Difference Analysis Land Acquisition Mu 1, , Housing m 2 59,649 49, , Ahs HH 1,161 1, Aps Person 5,441 5, Self-employed enterprises Shops Cost CNY 232,055, ,419,078 58,364,078 1 Zaoyuanzhuang decreased mu of acquired land and 17,060 m 2 of houses to be demolished by using flood bank and existing road. Maiji new town increased 17,300 m 2 of houses to be demolished. 2. Affected persons (AP) fully participated in updating RP. Compensation standard and resettlement scheme were discussed and agreed by APs. The details are shown in Chapter V. 3. By the end of December 31, 2012, mu land had been acquired, including mu farmland, mu construction land and 7.1 mu state-owned land. Land acquired accounted for 39.68% of the total land. 302 households with 1,219 persons had been affected by farmland acquisition, accounting for 26.01% of the total affected households. 18,297 m 2 residential houses had been demolished, accounting for 44.87%, 63 HHs with 323 persons had been affected. For the resettlement activities that have been implemented, involuntary resettlement policy as stipulated in the draft RP has executed accordingly and APs were paid higher compensation rates. Due diligence report can be seen in Resettlement External Monitoring and Evaluation Report (No. 2). The results of external monitoring show that rights of APs are ensured.

11 E1. Description of the Project and Land Acquisition and Resettlement Impacts 4. The consists of four (4) components including: A. Qinzhou District Heating Network; B. Chengji Road & Flood Control; C. Tianshui Urban Road Improvement; and D. Capacity Development & Institutional Strengthening. The Tianshui ADB Project Management Office (TPMO) prepared two resettlement plans (RPs) for the ( the Component hereafter, consisting of Components B and C) and District Heating Component (Component A), respectively. The land acquisition and resettlement (LAR) for Subprojects of (a) Maiji District New Road Network and (b) Shetang Wei River Bridge of Component C has been completed by Tianshui Urban Construction Investment Group Co., Ltd. (TUCIC), the implementing agency (IA) of the project, and Tianshui National Economic Development Zone, respectively. According to Asian Development Bank s (ADB s) requirement, a due diligence report, as one of the appendixes of the Road and Bridge RP, was prepared by the TPMO. In addition, another due diligence report on LAR of Huaneng Combined Heating and Power Plant, which is the heat resource of the district heating component, was prepared as one of the appendixes of the District Heating RP. This RP is updated on the basis of DMS survey s result. 5. The will affect fifteen (15) village committees or community committees, three (3) towns of Yuquan and Huaniu, two (2) street offices of Shimaping and Xiguan, two (2) districts of Qinzhou and Maiji of Tianshui City. In total, 1, mu 1 of land will be acquired permanently, while 140 mu of land will be occupied temporarily. Among the permanently occupied land, 1, mu are collectively-owned and mu are state-owned. 1,109 households and 5,265 persons in total will be affected due to land acquisition. The total area of buildings to be demolished is 44,331.5 square meters. There are 12 small enterprises (self-employed) or institutions and 20 small shops (groceries or restaurants) to be affected by relocation. 198 households and 913 persons in total will be affected due to house relocation. E2. Resettlement Principles and Entitlements 6. The RPs were prepared in compliance with the Land Administration Law of the People s Republic of China (2004), Law of the People's Republic of China on Administration of the Urban Real Estate (2007 Revised); Regulations on the Expropriation of Houses on State-owned Land (19 January, 2011). They were also based on local policies regarding LAR in Gansu Province and Tianshui City, and ADB s Safeguard Policy Statement (June 2009). Based on consultation with the local governments and affected persons (APs) and general practices in the project area, the IAs have adopted a set of resettlement principles and an entitlement matrix has been prepared for the Project. Compensation for land acquisition, residential housing, and non-residential buildings (shops and enterprises) will be paid to the affected owners or users. For land acquisition, compensation fees include land compensation, a resettlement subsidy, and compensation for crops and trees. The land acquisition compensation is rated according to the comprehensive land price based on regions regulated by the Tianshui Municipal Government (TMG). For demolition of small enterprises, shops, and private houses, compensation will be paid to the owners for rehabilitation of the APs. All house buildings will be paid compensation for housing site land, structure replacement and other relocation allowance; while house attachments build by the households will be compensated for 1 mu is a Chinese measuring unit for land and equals to 667 square meters. 2

12 structure replacement cost without compensation for housing site land. The compensation payments will be in cash according to the appraised value of the land and fixed property assets. Compensation for crops, trees, other facilities, and temporary impacts will be paid directly to the APs. Income losses resulting from reduced production and/or sales and wages caused by the Project will be assessed and compensated in cash. E3. Public Participation and Grievance 7. Public consultation has been the key for the preparation of the RP. From December 2009 to December 2012, a series of consultation activities were carried out with the APs, resettlement communities (RCs), institutions and enterprises, and other project stakeholders. The APs have participated in the preparation of the RP through the measurement and socioeconomic surveys, and community meetings. Their concerns and comments have been integrated into the RP. Further consultations will be held during the implementation of the RP. A grievance procedure has been established for the APs to redress their LAR issues, including four channels: (i) RCs or local resettlement offices (ROs), (ii) ROs of subprojects; (iii) TPMO; and (iv) taking legal action to the people s court. APs can directly appeal to the court. E4. Resettlement and Livelihood Rehabilitation 8. To minimize the resettlement impacts to APs and restore their living standards, detailed programs of restoration and relocation have been arranged in the RP. People can choose the available programs according to their requirements. Based on the socioeconomic survey and analysis of the affected households, and local experiences in relocation and resettlement of similar projects, measures for resettlement and income restoration have been prepared. These measures include monetary compensation, unified resettlement housing, provision of economically affordable housing, distribution of living expenses to the APs, employment creation by the local safeguard network, skill training for the APs, employment related to the Project and non-monetary support and so on. 9. About mu of state-owned land and 1, mu of village collectively-owned land will be compensated in cash based on the type of land loss. About 140 mu of land will be acquired temporarily along the roads to be constructed, for which there will not be any livelihood losses and compensation will be paid in cash. In terms of house relocation, monetary compensation will be paid to 198 households based on their choices. About 162 households will be provided collective resettlement in new communities. Some households like to purchase economy housing; and 36 households opt to build houses themselves, who will get cash compensation for their structures and have the option to choose relocation sites in their own village subject to approval for building their houses from the village collective. About 12 small enterprises/businesses and 20 stores/shops will suffer demolition impacts. They will be compensated for their lost assets, and relocation and transitional allowance will be paid to them. No employees will suffer from income losses. E5. Institutional Arrangement 10. The TPMO will assume the overall responsibility for the implementation of LAR, including the planning, implementation, financing, and reporting of LAR. The IA will take the primary responsibility for the resettlement consultation, implementation, and timely delivery of entitlements. To ensure smooth implementation, the staff in charge of LAR will undertake training on resettlement implementation organized by the TPMO. The resettlement implementation schedule has been prepared based on the preparation and construction 3

13 timetable. E6. Cost and Schedule 11. The total budget for LAR of the Component is about CNY million. It is anticipated that land acquisition and house demolition started in January 2011 and survey on project influence was conducted, which was prepared for updating RP. Land acquisition and house demolition will be completed by the end of May E7. Monitoring and Evaluation 12. A detailed plan for both the internal and external monitoring and evaluation (M&E) is included in the RP. The TPMO will submit an internal monitoring report semi-annually to ADB. Furthermore, the TPMO has authorized the School of Economics and Management of Tongji University as an independent external monitoring organization in order to deliver a truly independent and unbiased external monitoring report. A thorough survey has been completed before the start of LAR and two monitoring reports have been submitted. During land acquisition and demolition, semi-annual monitoring reports will be submitted. After the project implemented for two years, monitoring and evaluation will be done every half a year and the report is submitted for ADB s review. 4

14 I. PROJECT OVERVIEW 1.1 INTRODUCTION OF TIANSHUI CITY 1. Tianshui City, located in the southeast of Gansu Province, is the second largest city within the province. Tianshui is the eastern gateway of Gansu Province, transportation hub of Shaanxi, Gansu, and Sichuan, and the area which Longhai Railway and Lanxi Highway pass through. The city consists of Qinzhou District, Maiji District, Wushan County, Gangu County, Qinan County, Qingshui County and Zhangjiachuan Autonomous County, with a total area of approximately 14,300 km 2 and a total population of approximately 3.52 million. During the construction and development of the past 50 years, Tianshui has developed into a new industrial city integrating industries of electric and electronics, machinery and instruments, textiles and food, as well as the political, economic, trade, transportation, cultural and tourism center of south-eastern Gansu Province. 2. With the accelerating economic development of Tianshui City, in order to meet the needs of urban development, it has become imperative to accelerate the pace of urban infrastructure construction and enhance the city's overall competitiveness. In order to improve the investment environment and ensure Tianshui s rapid economic development, the city must vigorously accelerate the building of the traffic environment, improve the construction of road network, enhance the service functions of the entire road network, ease cross-border traffic and completely solve the problems of narrow and low level roads, mixing of people and vehicles, and poor road exits. 3. This Project includes four (4) components including: A. Qinzhou District Heating Network; B. Chengji Road & Flood Control; C. Tianshui Urban Road Improvement; and D. Capacity Development & Institutional Strengthening. 4. This resettlement plan (RP) report covers all of the road and bridge components ( the Component hereafter). Among them, land acquisition and resettlement (LAR) for Subprojects of (a) Maiji District New Road Network and (b) Shetang Wei River Bridge of Component C has been completed by Tianshui Urban Construction Investment Group Co. Ltd. (TUCIC), the implementing agency (IA) of the Project, and Tianshui National Economic Development Zone, respectively. The School of Economics and Management of Tongji University completed the due diligence report as attached to the RP in The proposed roads will significantly promote the urban investment environment, speed up urban development, improve the urban road network, and ease traffic pressure within the City. 6. Another RP for Component A of Qinzhou District Heating Network was prepared by the TPMO separately. 1.2 PROJECT CONTENTS 7. The content of the RP includes Component B of Chengji Road & Flood Control, and subprojects of (c) Shuangqiao Xi River Bridge and (d) Qinzhou Chiyu Road of Component C of the project. The LAR related to subprojects of (a) Maiji District New Road Network and (b) Shetang Wei River Bridge of Component C are documented in the due diligence report attached on this RP. 5

15 8. The civil work of the project has started from June 2012 and is expected to be completed in June The LAR activities started in January 2012 and will be completed in June REGIONS AFFECTED BY THE COMPONENT Component B: Chengji Road & Flood Control: 9. Chengji Road covers an area that is west to Minshan Road and east to Weibing North Road, with a total length of km and a width of 40 meters (including greet belts). The road is planned to pass through the undeveloped area which includes ten (10) villagers of Zaoyuanzhuang, Yanhe, Sunjiaping, Xiaojiazhuang, Dengzhuang, Yangpo, Jianzhuang, Wuzhuang, and Xiakou, and to cross the Wei River at Xiakou village and connect with Jibin North Road in Maiji District. The road is also designed to cross under Tianchan Expressway with an underpass. A proposed Sunjiaping Bridge across the Jie River to connect Chengji Road and Xihuang Avenue, and a proposed Xiakou Bridge across the Wei River at the eastern end of Chengji Road will be built. At the same time, the embankment of the Jie River along Chengji Road will be built to control flood of the river. Component C: Shuangqiao Xi River Bridge Subproject (c): 10. Shuangqiao Xi River Bridge in Qinzhou District of Tianshui City is planned for the urban main road, with a north-south direction. The project covers an area that is south to Xihuang Avenue, stretching along the existing bridge to the north, and then crossing over Jie River South Road and Jie River North Road, and connecting to Yongqing Road at the end. A simple interchange will be set at the intersection of Shuangqiao Xi River Bridge and the Jie River Road to meet regional traffic conversion. The main bridge width is 24 meters and the total length is 807 meters. Component C: Qinzhou Chiyu Road Subproject (d): 11. Qinzhou Chiyu Road is an east-west trunk road of the city, which is east to Yongyingchi Road and west to Guihua Road, with a total length of 1,980 meters. The planning width is 40 meters. There is a bridge which needs to be removed and reconstructed across the Nan River along the planning road. Table 1-1 Project Impacts of Subproject No. Subproject Type Chengji Road & Flood Control Rural Cultivated-land Construction Land Stated-owned Land Permanent Land Acquisition Area (mu) Temporary Land Acquisition Area (mu) Type Loss Land Rural Resident Small Business Demolished House Area (m 2 ) Number of Household (HH) Population (person) 1,109 5,265 6, , Comments 6

16 Permanent Land Acquisition Area Temporary Land Acquisition Area Demolished Number of No. Subproject Type Type House Area Household Population (person) (mu) (mu) (m 2 ) (HH) 4 Construction Rural Qinzhou Land Resident 16, Chiyu Road Stated-owned Small Land Business 2, Construction Urban , Shuangqiao Land Resident Jie River Stated-owned Small Bridge Land Business 8 Shop Maiji New Construction Rural 20 City Land Resident 17, Subtotal Loss Land 1,109 5,265 Subtotal Rural Cultivated-land Rural Resident 40, Subtotal Construction Urban Land Resident 3, Subtotal Stated-owned Small Land Business 4, Subtotal Shop Total 1, , ,339 6,301 Comments All rural households whose houses are demolished lose land. Notes: Construction land is collectively-owned land. 1.4 MEASURES TO MITIGATE IMPACTS 12. Resettlement has been considered as a key part of the during the planning and implementing of the Component. With full consideration of construction costs, social impact, environmental impact and other factors, efforts should be made to minimize the impact of the resettlement Measures Adopted at the Project Design Stage 13. At the planning and design stage, for the purpose of minimizing the negative impact of project construction on local society and economy, the Tianshui Municipal Government (TMG) held many joint meetings, with attendance of the consulting units and design institutes, to discuss how to optimize the design program and minimize the negative social and economic impact of the resettlement. 14. During the consultations and discussions, the experts from Lanzhou Urban Construction and Design Institute provided their comments and expressed their opinions on project optimization from different aspects. At the design stage, the principles concluded for realizing project optimization and minimizing the impact of resettlement are described as below: 7

17 First, carry out project optimization and comparative selection, give consideration to the impact of project construction on local society and economy in as many aspects as possible, and try to occupy vacant land and minimize the occupation of cultivated land if land occupation is unavoidable. Second, minimize relocation if it is unavoidable, and regard it as a key indicator for program optimization and comparative selection. Meanwhile, reasonable space is to be reserved for the connection of this Project with other municipal facilities. Third, give full consideration to the resettlement and try to minimize LAR during the comparative selection among different design programs. By using the dike and the existing road land, Zaoyuanzhuang village decreases mu of cultivated land to be acquired and 17,060 square meters of housing to be demolished. 15. The original design of the Xiakou Bridge of Chengji Road involved a lot of demolition of Tianshui Forging Factory. A number of workshops and office buildings of the factory were to be affected by the Subproject, and involve about 60 workers working environment. The design institute considered this issue and adopted the measures of adjusting the road line or setting up a bridge to reduce the demolition of the buildings, which are estimated to be 6,000 square meters. 16. The design of Chengji Road component was optimized after the TPMO held discussions with the ADB technical assistance experts, by reducing the redline width from 60 to 40 meters (including green belts), which led to less occupation of land of mu Measures to Be Adopted during LAR 17. In the event that the LAR is unavoidable, in order to mitigate the local impacts of the project construction, the measures to be taken are as follows: Collect basic information, conduct an in-depth analysis of the local socio-economic status, and prepare a feasible RP to ensure that the displaced persons would not be influenced due to the implementation of the Project. Encourage the participation and supervision of the public and listen to opinions and advice from the affected population. Strengthen internal and external monitoring, establish highly efficient feedback mechanisms and channels, and minimize the period for processing information to ensure the timely solution of problems occurring in the construction. Notify displaced persons in advance, arrange sites for relocation, compensate the losses of displaced persons, minimize the idling period, and provide jobs for employees of affected enterprises. During the relocation, get help and support from local governmental authorities to ensure the smooth implementation of resettlement, and to reduce the pressure and loss of displaced persons, institutions and enterprises Measures to Be Adopted during Construction 18. The following measures are to be adopted during construction to mitigate the impacts: 8

18 Reasonably prepare the construction plan and arrange traffic organization design, and minimize the impact of construction on the surrounding environment and traffic order. When excavating, all the factors shall be taken into full consideration. The excavation, installation of pipelines and backfilling shall be finished in the possible shortest time. For a road crossing another road with heavy traffic, the construction shall not be carried out in rush hours (for example the construction shall be carried out during the night to ensure smooth traffic flow in the day). It is forbidden to destroy existing pipelines. Warning signs, signals and leading marks shall be set up for vehicles and pedestrians. After the completion of the construction, the site shall be cleared and opened to the traffic. Dredged spoil shall be timely carried out. In the area within 200 meters away from residences of the civilians, the construction is forbidden from 10 pm to 8 am. The construction contractors shall timely contact the local environmental sanitation department to clear and clean the wastes in the construction sites. 1.5 PREPARATION AND PROGRESS OF THE PROJECT 19. According to the need of the preparation for resettlement work, a deadline for any construction in the affected areas of all components is set as January 31, The construction status at the deadline is taken as the reference for resettlement survey. The RP of the Project is prepared according to the inventory of the properties affected by LAR, socioeconomic investigation of the APs, and data of the technical feasibility study report. 1.6 OWNERSHIP OF THE COMPONENT 20. The executing agency of the Project is the TMG. The Tianshui ADB Project Management Office (TPMO), on behalf of the TMG, is responsible for organizing the implementation of the Project and practicing the specific management functions. TUCIC, as the implementing agency, is responsible for implementation and construction of the Project. 9

19 II. PROJECT IMPACT ANALYSIS 2.1 DEFINITION OF PROJECT IMPACT 21. A physical survey scope of the project impact is determined according to the project planning scope provided by the design institute. It consists of vehicle roads, non-motor vehicle lanes, pavement and greenbelts. 22. The Project impact is defined as follows: (i) (ii) (iii) (iv) (v) (vi) Permanent occupied land: all varieties of cultivated land and uncultivated land to be used permanently within the red line range of the Project. Cultivated land mainly includes dry land, vegetable land and so on; uncultivated land mainly includes waste land, housing site and so on. Temporary land acquisition: all varieties of land to be used temporarily during construction period, which can be recovered after construction. Relocated buildings: all buildings within the red line range of the Project, mainly including framework-structure houses, brick-concrete houses, brick-wood houses, simple houses, etc. According to the proprietary rights of the buildings, they may be classified as private buildings and buildings of enterprises and institutions. According to the purposes of the buildings, they may be classified as private dwelling, houses used by enterprises and institutions, and shops, etc. Affected attachments to the ground: attachments to the ground within the red line range of the Project, mainly including pools, fences, wells, tombs, fruit trees, terraces, and etc. Affected public facilities: public service facilities within the range of project effect. Affected family households: any family household with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (vii) Affected communities: any community with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (viii) Affected enterprises and institutions: any enterprise or institution with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (ix) (x) (xi) APs: all members of the affected family households and affected enterprises and institutions. Affected labors: labors working in the affected shops, enterprises or institutions or engaging in agricultural production on the land for acquisition. Affected leaseholders: all persons leasing affected buildings for living or business operation based on the contracts. (xii) Vulnerable groups: vulnerable groups are those who are more severely impacted by a project than others due to their poverty, gender, ethnicity, religion, language, lack of ownership or title to land, etc., and social groups in the residents that are 10

20 easy to be harmed, lack capability of responding to social changes, and stand in the unfavorable status due to their weak social participation capability, social security, disability, poverty and others, mainly including solitary and widowed elder, female single-parent family, orphan, poor family, handicapped person and patient, and etc. (xiii) Illegal structures: any structures built in the project area without official approval according to relevant regulatory procedures. 2.2 PROJECT IMPACT SURVEY 23. From October 2011 to October 2012, with the help of Urban Construction Design Institute of Lanzhou, the TPMO made arrangements and coordination and conducted a detailed measurement survey (DMS) for the households to be affected by the components. 24. Method of land survey: Investigators with leaders of affected towns and villages identify village borders and household borders according to measurement on sites. The area of the affected houses is measured on sites by investigators. 25. The resettlement survey is divided into three parts as follows: (i) (ii) Literature survey (conducted during FSR stage) a. Statistics of social economy of Tianshui City and the project area; and b. Local laws and regulations related to LAR of the State, Gansu Province and Tianshui City. Social and economic background survey (conducted during FSR stage) a. Survey of basic circumstances of the affected families and vulnerable families in the area affected by the Project; b. Public opinions and suggestions; and c. Survey of basic circumstances of the affected villages population, labor force, industrial structure and cultivated land, etc. (iii) Survey of affected objects in LAR (conducted during FSR stage and updated based on DMS) a. Circumstance of land acquisition: location, category and area; b. Relocated buildings and other attachments to the land: location, category, quantity and property rights; c. Category and quantity of various public facilities; and d. Basic circumstances and affected situation of self-employed households. 26. Based on the survey and consultation with the village committees, representatives of affected households, and local relevant government departments, the date of December 31, 2011 is set as the cut-off date of existing physical status in the affected areas. The village committees have announced the potential project construction and affected area as well as relevant regulations to the villagers. Any addition of new structures will not be considered for compensation. According to the survey, 1,109 households and 5,265 persons will be affected by land acquisition, while 198 households, 13 self-employed enterprises or small businesses, and 20 family stores or shops are affected by structure demolition. A sample 11

21 socio-economic survey was conducted among 150 affected households during loan processing based on FSR design. 2.3 PROJECT IMPACTS 27. The basic data of the LAR impact of the Component are summarized as follows: Affected administrative divisions: Two districts: Qinzhou District and Maiji District; Three towns: Yuquan Town, Huaniu Town and Mapaoquan Town; Two Street Offices: Shimaping Street Office and Xiguan Street Office; and Fifteen village committees. Affected by relocation: Total area of relocated buildings: 49, square meters. Households affected by relocation are 198 covering 44,331.5 square meters. Affected rural households are 150 with 692 persons covering 40,635.5 square meters. Affected urban households are 48 with 221 persons covering 3,696 square meters. Relocated self-employed enterprises or small businesses are 12 with 53 persons affected, covering 4, square meters. Relocated family stores or shops are 20 with 70 persons affected, covering square meters. Affected by land acquisition: Land area to be acquired permanently is 1, mu, among which mu are cultivated land, mu are rural construction land, and mu are state-owned land (SOL). The affected households are 1,109, with 5,265 persons. In addition, 140 mu of land will be temporarily occupied during the Component construction. 2.4 IMPACTS OF LAND ACQUISITION Land Acquisition 28. According to the survey and statistical results, the total area of land to be acquired for the Component is 1,106.6 mu, which includes mu of cultivated land, mu are rural construction land, and mu are state-owned land (SOL). The detailed information is shown in Table

22 Table 2-1 Land Acquisition by the Component Component / Subproject Chengji Road & Flood Control Chiyu Road Shuangqiao North / South Road District Town Village Qinzhou Maiji Qinzhou Qinzhou Yuquan Huaniu Constructi State- Cultivated on Land owned Total (mu) Land (mu) (mu) Land (mu) Zaoyuanzhuang Yanhe Sunjiaping Subtotal Xiaojiazhuang Dengzhuang Yangpo Shuiyanzhai Jinzhuang Wuzhuang Xiakou Subtotal Subtotal Yuquan Yanxin Xituanzhuang Xishili Military Land Tianshuijun Fengle Company,etc Subtotal Shimaping Street Office State-owned Land Shimaping Village Xiguan Street Office State-owned Land Subtotal Total The affected collectively-owned land has an impact on 1,109 households with 5,265 persons. Because of the linear distribution of the land, the land loss impact is rather limited. At village level, the average land loss is only 6.79%. For the affected households, the average land loss for 1,109 households is 26.9% with all of them with land acquisition impact ratios between 5 to 95%. Among them, 102 households or 10% have the ratio less than 10%; 703 households or 63.3% will have their land loss between 10 and 30%; 275 households or 24.7% will have their land loss between 30 and 70%; 29 households or 2.6% will have their land loss between 70 and 90%. More details of the affected population are presented in Table 2-2. The land area of households with over 10% of land affected before 13

23 and after land acquisition is shown in Table 2-3. As indicated in the Table, even for those 1,007 households with land loss over 10%, the average area of collectively-owned land loss is 2.34 mu. In terms of potential income impact due to land loss, since average income from farming is about 51.7% (see Table 3-12), the potential income loss for those 102 households with land loss less than 10% would be less than 5.2%; and for those 1,007 households with land loss between 10% to 90%, their potential income loss would be ranged from 5.2% to 45%. For the households with income loss more than 20%, livelihood assistance is offered and detailed rehabilitation measures have been proposed and included in chapter VI. 14

24 Table 2-2 Collectively-owned Land Affected by the Component Subcomponent Town Village Chengji Road & Flood Control Yuquan Huaniu Total Cultivated Land Cultivated Land Acquisition Land Acquisition Ratio Population House holds mu Mu person HH 1 0 % 11%- 30% Ratio Distribution (HH) Zaoyuan zhuang % Yanhe % Sunjiaping % Subtotal % Xiaojiazhuang % Dengzhuang % Yangpo % Shuiyanzhai % Jinzhuang % Wuzhuang % Xiakou % Subtotal % Total % %- 70% 71%- 90% >10% 15

25 Table 2-3 Cultivated Lands Before and After Land Acquisition of Households Whose Lands Are Acquired Over 10% Cultivated Number of Cultivated Land Per Household Land Per Household with Land Household Component District Town Village Prior To Acquired in After Land Land 11 to 90% Acquisition Acquisition Qinzhou District Yuquan HH Mu mu Zaoyuan Yanhe Sunjiaping Subtotal Chengji Road & Flood Control Maiji District Huaniu Xiaojiazhuan g Dengzhuang Yangpo Shuiyanzhai Jinzhuang Wuzhuang Xiakou Subtotal Total For affected households with average farmland in 3 to 4 mu per household, 54 households will lose their farmland less than 10%; 620 households will lose their farmland between 10 to 90%. For affected households with average farmland in 4 to 5 mu per household, 38 households will lose their farmland smaller than 10%; 354 households will lose their farmland between 10 to 90%. For affected households with average farmland in 5 to 8 mu per household, 10 households will lose their farmland smaller than 10%; 33 households will lose their farmland between 10 to 90%. The distribution of the affected households is presented in Table

26 Component District Town Village Qinzhou District Yuquan Table 2-4 Distribution of Affected Households with Different Ranges of Land Loss Average Farmland Per Household (mu/hh) Number of Affected Households with Different Ranges of Land Loss Total <10% 11 90% <10% 11 90% <10% 11 90% <10% 11 90% Zaoyuan Yanhe Sunjiaping Subtotal Chengji Road & Flood Control Maiji District Huaniu Xiaojiazhuang Dengzhuang Yangpo Shuiyanzhai Jinzhuang Wuzhuang Xiakou Subtotal Total

27 30. On the individual level, the average per capita land holding was reduced from mu to mu. The remaining farmland of affected villagers after the land acquisition decreased from 1.07 mu to 0.88 mu per capita, as presented in Table 2-5. There were no households that lost all of farmland in the Component. All of affected farmers still have land to plant and continue their agriculture production. Component District Town Table 2-5 Per Capita Land before and after Land Acquisition Village Affected Persons Land Area before Acquisiti on Acquired Land Land Area after Acquisition Land per Capita before Acquisition Land per Capita after Acquisition person mu mu mu mu/person Mu/person Qinzhou District Zaoyuan Yuquan Yanhe Sunjiaping Chengji Road & Flood Control Maiji District Subtotal Huaniu Xiaojiazhuan g Dengzhuang Yangpo Shuiyanzhai Jinzhuang Wuzhuang Xiakou Subtotal Total Temporary Land Occupation 31. The Component will occupy 140 mu of temporary land, in which Chengji Road & Flood Control Component will use 100 mu, Chiyu Road Subproject will use 10 mu, Shuangqiao Xi River Bridge Subproject will use 10 mu, and Maiji New Town Subproject will use 20 mu. Waste land is occupied by taking consideration of cost. 2.5 AFFECTED BUILDINGS Affected Residential Buildings 32. According to the survey, the total area of residential buildings to be demolished for the Component is 44,331 square meters, including: 40,635 square meters of the rural residential houses and 3,696 square meters of urban buildings, affecting 150 households (692 persons) of 18

28 rural residents and 48 households (221 persons) of urban residents. Table 2-6 presents the details of the buildings to be demolished in structure types. 33. In addition, 198 electric meters, 198 water meters, 198 fixed telephones, 15 sets of air-conditioners, 28 lines of broadband network, as well as 205 sets of cable TVs need to be removed from demolished buildings and reset up in new buildings Affected Buildings of Enterprises and Institutions 34. The Component will affect 12 self-employed households and 53 employees. Table 2-7 presents the details of the affected self-employed enterprises or small businesses. The total area of self-employed households affected by the Component is 4, square meters. 35. The Component will affect 20 stores or shops, all of which are tenants. 10 households houses are residential and are transformed into stores or shops by their owners. The other 10 households rent houses from Tianshui Yitong Materials Recycling Corporation. The total area of the affected stores or shops is square meters. Table 2-8 presents the details of the stores or shops. 19