People s Republic of China: Xinjiang Changji Integrated Urban-Rural Infrastructure Demonstration Project

Transcription

1 Xinjiang Changji Integrated Urban Rural Infrastructure Demonstration Project (RRP PRC ) Resettlement Plan January 2017 People s Republic of China: Xinjiang Changji Integrated Urban-Rural Infrastructure Demonstration Project Prepared by Fukang City Housing and Urban-Rural Construction Bureau and Leading Group Office of ADB-financed Xinjiang Changji Integrated Urban-Rural Infrastructure Demonstration Project, (Changji Prefecture PMO) for the Xinjiang Uygur Autonomous Region Government and the Asian Development Bank.

2 2 CURRENCY EQUIVALENTS (as of 31 December 2016) Currency unit Chinese Yuan (CNY) CNY1.00 = $0.14 $1.00 = CNY6.95 ABBREVIATIONS ADB Asian Development Bank AP affected person DDR due diligence report DI design institute HH household HD house demolition LA land acquisition LAR land acquisition and resettlement LRB land resources bureau MLS minimum living standard M&E monitoring and evaluation PMO project management office PRC People s Republic of China RP resettlement plan WEIGHTS AND MEASURES mu ha square meter m 2 NOTE In this report, "$" refers to US dollars. This 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. 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 ADB financed Xinjiang Changji Integrated Urban-Rural Infrastructure Demonstration Project Xinjiang Changji Integrated Urban-Rural Infrastructure Demonstration Project Resettlement Plan Fukang City Housing and Urban-Rural Construction Bureau January 2017

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6 Table of Contents EXECUTIVE SUMMARY... I 1. OVERVIEW INTRODUCTION OPTIMIZING PROJECT DESIGN TO REDUCE RESETTLEMENT IMPACTS IMPACT SCOPE TYPES OF IMPACTS METHODOLOGY AND PROCEDURES IMPACT AND RISKS IDENTIFICATION COLLECTIVE LAND ACQUISITION IMPACT IMPACTS OF GRASSLAND LAND OCCUPATION IMPACTS OF STATE-OWNED LAND OCCUPATION IMPACTS OF HOUSE DEMOLITION IMPACTS OF SMALL SHOPS AFFECTED VULNERABLE HOUSEHOLDS AFFECTED ETHNIC MINORITIES AFFECTED ATTACHMENTS AND INFRASTRUCTURE SOCIOECONOMIC PROFILE OF AFFECTED AREAS SOCIOECONOMIC STATUS SOCIOECONOMIC PROFILE OF AFFECTED PEOPLE GENDER ANALYSIS LEGAL FRAMEWORK AND POLICIES LAWS REGULATIONS AND POLICIES APPLICABLE TO RESETTLEMENT ADB S POLICY REQUIREMENT ON INVOLUNTARY RESETTLEMENT DIFFERENCES BETWEEN ADB AND PRC POLICIES ELIGIBILITY AND BENEFICIARIES COMPENSATION RATES ENTITLEMENT MATRIX RESETTLEMENT MEASURES OBJECTIVES OF RESETTLEMENT PRINCIPLES FOR RESETTLEMENT RECOVERY PLAN SUBPROJECT BENEFITS RECOVERY PLAN FOR ACQUISITION OF COLLECTIVE CULTIVATED LAND REVIEW OF RESTORATION OF GRASSLAND ACQUISITION... 77

7 5.6. RESETTLEMENT PROGRAM FOR HD HOUSEHOLDS TRAINING PROTECTION OF WOMEN S RIGHTS ETHNIC MINORITY DEVELOPMENT RESTORATION OF INFRASTRUCTURE AND GROUND ATTACHMENTS PUBLIC PARTICIPATION AND GRIEVANCE REDRESS CONSULTATION AT PREPARATION STAGE PUBLIC PARTICIPATION AND CONSULTATION PLAN APPEAL PROCEDURE APPEAL CONTACT INFORMATION RESETTLEMENT BUDGET RESETTLEMENT BUDGET ANNUAL INVESTMENT PLAN DISBURSEMENT FLOW AND PLAN OF RESETTLEMENT FUNDS ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES RESETTLEMENT ACTION AGENCIES ORGANIZATIONAL CHART FUKANG CITY ADB LOANED PROJECT MANAGEMENT LEADING GROUP DIVISION OF RESPONSIBILITIES AMONG AGENCIES MEASURES TO STRENGTHEN INSTITUTIONAL CAPACITY RESETTLEMENT IMPLEMENTATION SCHEDULE WORK BEFORE RESETTLEMENT IMPLEMENTATION(RP UPDATING) WORK DURING RESETTLEMENT IMPLEMENTATION WORK AFTER RESETTLEMENT IMPLEMENTATION MONITORING AND EVALUATION INTERNAL MONITORING EXTERNAL MONITORING

8 List of Tables Table 1-1: Project Compensation Table 1-2: Project Scales Table 1-3: Comparison of the Affected Area before and after Design Optimization Table 2-1: Summary of Project Land Acquisition and Resettlement Impacts Table 2-2: Detail Impact Scope Table 2-3: Collective land acquisition Table 2-4: Land Loss Rate analysis Table 2-5 Grassland Acquisition of Shelter Forest Project Table 2-6: Affected House Demolition Table 2-7: Nationality and Distribution of Affected Minority People Table 2-8: Affected Attachments and Infrastructure Table 3-1: Demographic Profile of Surveyed Households Table 3-2: Housing Conditions of Affected Households Table 3-3: Farmland Area of Affected Households Table 3-4: Selected Households Assets of Affected Households Table 3-5: Economic Statistics of the Sample Per Capita in Table 3-6: Average Household Income Sources of Affected Households in Table 3-7: Average Household Expenditure Pattern of Affected Households in Table 3-8: Income Difference of Male and Female Laborers in Table 3-9: Construction of Women s Income to Household in Table 4-1: Standards of Benchmark Land Price in Fukang City Table 4-2: Unified Annual Output Values of Cultivated Land Table 4-3: Times of Basic Compensation Rates Table 4-4: Compensation Standards of State-owned Cultivated Land Table 4-5: Calculation base table for compensation of forage grass Table 4-6: Compensation Standards of Grassland Table 4-7: Compensation Standard For Collective Homestead Land Table 4-8: Compensation Standard of Residential House Demolition Table 4-9: Compensation Standard of Residential Home-Commercial Demolition Table 4-10: Compensation Rates for Attachment and Facilities Table 4-11: Entitlement Matrix Table 5-1: Comparison of Income loss and compensation fee... 83

9 Table 5-2 Restoration plan of APs Table 5-3 Calculation method of rural pension Table 5-4: The Number of Jobs to Be Generated from the Project Table 5-5: Commercial house price of Fukang City in Table 5-6 Arrangements for Training Table 6-1: Public Participation Activities during Project Preparation Stage Table 6-2: Public Opinion Survey Results Table 6-3: Public Participation Plan Table 6-4: Contact List for the Project Table 7-1: Resettlement Cost Estimate Table 7-2: Resettlement Budget Plan Table 9-1: Project Implementation Schedule Table 9-2: Resettlement Implementation Schedule Table 10-1: Progress Report on Resettlement for LA and HD Table 10-2: Progress of Fund Utilization Table 10-3: Indicators of resettlement external monitoring and evaluation Table 10-4: Reporting Schedule of External Resettlement M&E List of Figures Figure 1-1: Road Network of Fukang City Figure 1-2: Road Network of Ganhezi Town Figure 1-3: Proposed Roads and Affected Communities/villages in Fukang City Figure 1-4: Proposed Roads and Affected Communities/villages in Ganhezi Town Figure 1-5: Ecological restoration project Figure 2-1: Tianshan Street Figure 2-2: Tianchi Street Figure 2-3: Yingbin Road Figure 2-4: Bofeng Road Figure 2-5: Zhenxi Road Figure 2-6: Affected land in Boya Road Figure 2-7: The Demolished Residential House in Fukang City (the left picture is Ankang road/right one is Guangyuan road) Figure 2-8: The Demolished Family-commercial Shop in Ruiying Road... 44

10 Figure 3-1: Age distribution of Affected People Figure 3-2: Education Lever Distribution of Affected People Figure 3-3: Occupation Distribution of Affected People Figure 3-4: Education Level Difference between Men and Women Figure 3-5: Occupation Difference between Men and Women Figure 3-6: Income Difference of Male and Female Figure 5-1: Business Park Building Figure 5-2: Layout Plan of the Kangning Xiyuan Resettlement Community Figure 5-3: Layout of Kangning Xiyuan Resettlement Community Figure 5-4: Current situation map of Kangning Xiyuan Resettlement Community Figure 5-5: Current situation map of Kugang Luyuan Resettlement Community Figure 6-1: Public Participation Figure 6-2: Public Participation Activities during Project Preparation Stage Figure 6-3: Grievance Redress Flowchart Figure 7-1: Flowchart of Resettlement Fund Disbursement Figure 8-1: Resettlement Organizational Chart

11 ABBREVIATION ADB APs DI DDR EA EMDP Ems FSR GRM FCG HD HH HDO IA LAR PMO PPTA PRC RP ROs SPS XUAR LRB WF Asian Development Bank affected persons design institute Due Diligence Report executive agency ethnic minority development plan ethnic minorities feasibility study report grievance redress mechanism Fukang City Government house demolition household Housing Demolition Office implementing agency land acquisition and resettlement Subproject Management Office subproject preparatory technical assistance People s Republic of China resettlement plan Resettlement offices Safeguard Policy Statement Xinjiang Uygur Autonomous Region Land Resource Bureau Women Federation

12 DEFINITION OF TERMS Affected person (or household) Compensation People (households) affected by project-related changes in use of land, water or other natural resources Money or payment in kind to which the people affected are entitled in order to replace the lost asset, resource or income Entitlement Range of measures comprising compensation, income restoration, transfer assistance, income restoration, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base Resettlement impact Resettlement plan Loss of physical and non-physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation Vulnerable group Distinct groups of people who might suffer disproportionately from resettlement impacts, include the disabled, five-guarantee households, female-headed households, low-income people and ethnic minorities.

13 1. Project Overview Executive Summary Fukang urban and rural infrastructures construction of demonstration subproject is one of subprojects in Xinjiang Changji urban and rural infrastructure construction demonstration project, which is financed by Asian Development Bank (ADB). The subproject includes five parts: (i) Road Construction: extension and reconstruction of 14 roads with km lengths, including 5 newly build roads and 4 upgrading roads with a total length of km in Fukang City; 5 newly build roads with a total length of 3.35 km, in Ganhezi Town; (ii) Urban Public Pipe network:(a) Water Supply: the total installation of m water supply pipeline with the diameter of dn, including m of pipeline in Fukang City and 3948 m in Ganhezi Town; (b) Water Drainage: installation of m drainage pipeline, the diameter is de , the material is HDPE, and 470 of drainage inspection well, including m pipeline and 355 of drainage inspection well in Fukang City and 3886 m pipeline and 115 of drainage inspection wells in Ganhezi Town; (c) District Heating: installation of m hot water pipeline, the diameter is dn , and the material is Q235-B; Installation of m hot water pipeline, the diameter is dn , and the material is Q235-B in Ganhezi Town. (iii) Ecological restoration project: the total restoration area is 6,860,629 m 2 (10291 mu). Including greening efficient water-saving projects of S303 road, Shelter forest project of Beihuan road, ecological shelter forest project in south mountain area; (iv) Vocational Education Project: build an employment training center as well as the workshop, with a total building area of m 2 ; (vi) capacity building in (a) strengthen technical and vocational education and training at Fukang City Senior Secondary Technical School; and (b) subproject management of implementing agency and subproject implementation units.. The land acquisition and house demolition involved in the subprojects are caused by the construction of the new roads, so there need a resettlement plan for the preparing of the land acquisition and house demolition caused by the project. In addition, due to Fukang urban construction general planning and land use overall planning, parts of the farm land in Huiyuan road, Guangyuan road, Ruiying road, Boya road, Ankang road and shelterbelt forestry project of Beihuan road had been demolished during , therefore, according to the policy of ADB it needs to prepare a Due Diligence Report for the finished land acquisition of the road and Beihuan road s shelterbelt forestry, and the Due Diligence Report have been finished, see details in appendix 5. Fukang City ADB loan subproject has been listed in the overall planning of Fukang City; the implementation period expected to start from May 2017 to December 2021.The land acquisition and house demolition will start in May 2017 and finished in December, The implementation agency of the subproject is the Fukang City Government and the implementation agency of road component and urban public pipe network i

14 component is housing and urban rural construction bureau of Fukang and Ganhezi Town government. The ecological restoration component will be implemented by both Fukang Housing and Urban-rural construction bureau and Forestry Bureau. And the vocational education component will be implemented by Fukang Education Bureau. 2. Impact Scope Land acquisition (LA) and house demolition (HD) of the subproject will affect 3 town (Chengguan town, Shanghugou Township, Sangong township), 6 villages (Yuergou, Huangyakeng, Tougong, Banganliang, Baiyanghe and Sigong), and 1386 people from 261 households will be affected, in which 1225 persons from 219 households are ethnic minorities, accounting for 88.38% of the total affected persons (APs). 31 families with 135 members are affected by HD only, and 230 families with 1251 members by LA only, (113 people from 28 households are affected by land acquisition, including ethnic minorities 48 people from 10 households; and the grassland acquisition of shelter forest project will affect 28 grazing groups with 1138 people from 202 households, and all these people are Kazak) grasslands. A total land of mu will be acquired permanently, 1251 people from 230 households will be affected(land acquisition will affect 113 people from 28 households, including ethnic minorities 48 people from 10 households; and the grassland acquisition of shelter forest project will affect 28 grazing operation groups 1 with 1138 people from 202 households, and all these people are Kazak,), and 1186 people from 212 households are ethnic minorities, including (i) mu of cultivated land (nursery land), affect 28 households 113 people, including 10 households 48 ethnic minorities; (ii) mu collective Homestead land, affected populations are included in the population to be demolished without further calculation. The shelter forest component will acquire 8958 mu Class 2 Grade 2 grassland and affect 28 grazing groups with 1138 people from 202 households; including S303 shelter forest component affecting 3311 mu Class 2 Grade 2 spring grassland in Baiyanghe village, affected 19 grazing groups with 842 people from 144 households, all of whom are Kazak; south mountain area shelter forest affecting 5647 mu Class 2 Grade 2 autumn grassland in Sigong village, affected 9 grazing groups with 296 people from 58 households and all these people are Kazak. 1 Grazing operation Group: the pasture is partitioned on grazing operation groups, one grazing operation group consists of several households, that is to say several or dozens of households operate a pasture plot together, they are called one grazing operation group (or grazing group). The pasture will distribute to grazing group instead of single household. As for the affected grassland in the subproject, the compensation funds will be paid to the leader of grazing group, and then distribute to each affected household evenly. ii

15 m 2 of house area will be demolished, affect in total of 31 households with 135 people (7 households 39 minorities); including m 2 in Fukang City, affect 31 households with 135 people (7 households 39 minorities); 1 household family-commercial shop 2 with an area of m 2 will also be demolished, the affected people has included in the population to be demolished without further calculation. Ganhezi: build 5 new roads, after survey and making confirmation from land resource bureau, the 5 roads accounting an area of mu, all these land are state-owned construction land, no ground fixtures and affected people or enterprises will be involved.. After field survey, there is no enterprise will be involved. This RP is prepared based on the Feasibility Study Report (FSR) and the socio-economic survey data of the subproject. The RP shall be updated according to the detail measurement survey and census data of affected persons based on detailed design of the project; the updated RP shall be submitted and approved by ADB prior to start of LAR activities and before the civil works contracts of the project are awarded. A separate Ethnic Minority Development Plan has been prepared. 3. Policy Framework and Entitlement This RP is formulated in accordance with State-owned Land on the Housing Levy and Compensation Ordinance of the PRC (2011), The Land Administration Law of the PRC (2004), The Decision of the State Council on Intensifying the Reform and Tightening the Land Administration (Guo Fa [2004] No. 28), Circular of the Ministry of Land and Resources on the Working Paper Concerning Developing the Unified Annual Output Value Standard of Land Expropriation and the Integrated Section Price of Land Expropriation (Guo Tu Zi Fa [2005] No. 144), Notice on the promulgation and implementation of autonomous unified annual output value standard" (new MLR [2011] 19), and Safeguard Policy Statement (SPS) of ADB (June, 2009). All the affected people will be compensated for the LAR according to the policies and regulations. Compensation for the permanent LA of the farmland includes land compensation, resettlement subsidy, young crops fee, and compensation for attachments on the land. the compensation standards of farm farmland (nursery land) are (i) RMB per mu for land compensation; (ii) per mu for resettlement subsidy; and (iii)the young crops calculated by types and grades of diameters. And the ground attachments compensation will be calculated by market values, and the compensation for attachment on the land will be compensated based on its actual input cost; because the ownership 2 Family-commercial shop: the shop used to be residential house, in order to do some small business, the owner of the house partition a small part of house into shop, and live in the other part of house. In a word, the owner of the house will live in backyard, and operate the small family-shop in the foreyard. iii

16 of collective land belongs to collectivity, the land compensation will be directly given out to the affected village, and about the use of land compensation, it will be negotiated by villagers of the collective. Land compensation, resettlement subsidy and the compensation for attachment on the land will all be compensated to affected people directly. The compensation standards of grassland are (i) RMB 1480 per mu for grassland compensation; (ii) 888 per mu for resettlement subsidy; according to the related grassland law, the grassland compensation should be compensated to the Grassland Supervision and Administration Station, and then the Grassland Supervision and Administration Station will hand out the compensation to the local finance department as the fee of grassland recovery. The resettlement subsidy compensation will be paid out to herdsmen directly. Compensation for both LA and HD includes (i) monetary compensation: the compensation standards are based on house assessment conducted by a third-party agency but are not lower than the standards listed in this RP, and the compensation will be paid to APs at one time (including transition and moving subsidies); (ii) property right exchange: a third-party agency will evaluate compensation values of demolished houses. The values will be compared with prices of resettlement houses. If the value is lower than the price, APs should pay for the difference for the resettlement houses. However, if the value is higher than the price, the APs will receive a compensation for the difference.. In case poor APs cannot afford the difference between the assessed value of their lost home and the cost of the new homes, a resettlement house with an area of 70 m 2 will be provided to these APs and they do not need to pay any difference. APs also receive transition and moving subsidies. APs have priority to select floors and types of the resettlement houses. 4. Resettlement and Restoration Action Based on social and economic survey and public consultation with APs, the following measures to restore livelihood of APs are prepared, including: (i) compensation will ensure that incomes of APs will not be adversely affected by the project; (ii) transfer the land to others, and gather the land rental, besides, the affected farmers also can work for local cooperatives to earn money; (iii) ) providing government subsidy for the landloss farmers to participate in and benefit from the social insurance; (iv) building the commercial shops along the street funded by the villages, encourage the farmers to engage business activity to improve the income; (v) building the Business Park Buildings which funded by villages, and rent the buildings to others for rents, use the rents to dividend at the end of year The PMO will assist in ensuring that the APs have access to training and job opportunities by identifying planned and ongoing local government programs and also project-related opportunities and by linking the APs with the concerned government agencies to provide the necessary guidance, training, and support to the APs in a timely manner.. iv

17 5. Organization Structure The IA will be responsible for the subproject implementation, LA and coordination. The LA and HD office will be composed of officials of the city land resource bureau, construction bureau, grassland supervision station and each affected sub-district office or community committee. Each unit will provide one member to the office to be responsible for LA consultation and income restoration activities. 6. Public Participation and Information Disclosure From June 12 to 16, 2016, a survey was conducted for the impact scope of the LAR of the project. During June to August 2016, with the assistance of experts from PPTA, the PMO and the relevant staff of the RP preparation agency conducted a supplementary survey of the affected land, households and people, and a public opinion and advice survey of the APs and affected entities. For understanding local socio-economic status, different fields staffs are consulted, who come from Fukang Land Administration Bureau, House Acquisition Office, Grassland Supervision Station, Forestry Bureau, Chengguan Town, Ganhezi Town, Shanghu Township, Sangong Township, Yuergou Village, Huangyakeng Village, Tougong Village, Banganliang Village, Baiyanghe Village, Huangshan and Sigong Village, and exchange views on compensation standards and measures of livelihood restoration. The implementation processes of the LAR are discussed with local governments. Representatives from the FCG, the Fukang PMO, Land Administration Bureau, Civil Affairs Bureau, women federation, urban planning bureau and other relevant government agencies as well as affected village and township and APs attended the public consultation and meeting. The concerns of the APs and their suggestions have been included in the RP. 7. Grievances and Appeals Fukang PMO has established a detailed complaint and appeal procedure. The APs can complain any problems related to the LAR in following procedures to (i) village committees/sub-district office/town government; then (ii) Fukang City Land Administration Bureau; then (iii) Fukang PMO; and then (iv) the FCG. The responsible agencies must reply to any complains in a definite period. The APs may file lawsuit to the civil court at any time under Civil Procedure Law or report problems to the ADB in accordance with its Accountability Mechanism (2012). The APs may file appeals about any aspect of the LAR. 8. Resettlement Budget The total resettlement cost is RMB million, including (i) grassland compensation fee is RMB million, accounting for 21.66%; (ii) permanent LA of RMB 5.13 million, accounting for 5.23% of the total cost; (iii) HD compensation million, accounting for 35.48% (iv) the collective homestead compensation of RMB 7.49 million, accounting for 7.64%; (v) the family commercial shop v

18 compensation fee is RMB , accounting for 0.13%; (vi) the attachment compensation of RMB 0.12million, accounting for 0.13%; (vii) RP preparation, training, contingency and monitoring of RMB million, accounting for 10.61%;(viii) taxes and fees of RMB million, accounting for 19.12%.The IA ensures that adequate resettlement funds will be available in a timely manner to cover all necessary resettlement issues. 9. Implementation of Resettlement Plan The LAR will be implemented from May 2017 to December The project construction will be commenced only after ADB approve the updated RP and the full compensation has been paid to the APs. 10. Monitoring & Evaluation and Reporting Internal and external monitoring on implementation of the RP will be conducted. The internal monitoring is carried out by the Fukang PMO, and a monitoring report, as one of key contents of project progress reports, which will be submitted to ADB quarterly. Xinjiang Uygur Autonomous Region PMO along with Changji Prefecture PMO will entrust an independent monitoring agency to conduct external monitoring and evaluation and report to ADB every six months during implementation of the project. The monitoring and evaluation fees are included in the total budget of the RP. vi

19 1. Overview 1.1. Introduction 1. The Xinjiang Changji Integrated Urban-Rural Infrastructure Demonstration Project is designed to improve living conditions in both urban and rural areas in Changji. The intended subproject outcome is increased urban and rural residents' accessibility to quality urban infrastructure services in Fukang. The subproject will help accomplish this by (i) improving urban services infrastructure; (ii) constructing or rehabilitating urban-rural road infrastructure; (iii) installing technical and vocational skills training facilities; and (iv) developing project management capacity of government agencies and community groups. 2. The process of extending and upgrading infrastructure, however, will require that some people are economically and physically displaced. The purpose of this RP is to ensure that displacement is avoided to the extent possible, and otherwise minimized and mitigated appropriately. 3. Fukang urban and rural infrastructures construction of demonstration subproject is one of the three subprojects in Xinjiang Changji urban and rural infrastructure construction demonstration project, which is financed by Asian Development Bank (ADB). The project includes five parts: (i) Road Construction: extension and reconstruction of 14 roads with km length, including 5 newly build roads and 4 upgrading roads with a total length of km in Fukang City; and 5 newly build roads with a total length of 3.35 km in Ganhezi Town; (a) Water Supply: the total installation of m water supply pipeline with the diameter of dn, including m of pipeline in Fukang City and 3948 m in Ganhezi Town; (b) Water Drainage: installation of m drainage pipeline, the diameter is de , the material is HDPE, and 470 of drainage inspection well, including m pipeline and 355 of drainage inspection well in Fukang City and 3886 m pipeline and 115 of drainage inspection wells in Ganhezi Town; (c) District Heating: installation of m hot water pipeline, the diameter is dn , and the material is Q235-B; Installation of m hot water pipeline, the diameter is dn , and the material is Q235-B in Ganhezi Town.; (iii) Ecological restoration project: the total restoration area is m2(10291 mu). Including greening efficient water-saving 1

20 projects of S303 road, Shelter forest project of Beihuan road, ecological shelter forest project in south mountain area; (v) Vocational Education Project: build an employment training center as well as the workshop, with a total building area of m2; (vi) capacity building in (a) strengthen technical and vocational education and training at Fukang City Senior Secondary Technical School; and (b) subproject management of implementing agency and subproject implementation units. 4. The land acquisition and house demolition involved in the subprojects are caused by the construction of the new roads, so there need a resettlement plan for the preparing of the land acquisition and house demolition caused by the project. In addition, due to Fukang urban construction general planning and land use overall planning, parts of the farm land in Huiyuan road, Guangyuan road, Ruiying road, Boya road, Ankang road and shelterbelt forestry project of Beihuan road had been demolished during , therefore, according to the policy of ADB it needs to prepare a Due Diligence Report for the finished land acquisition of the road and Beihuan road s shelterbelt forestry, and the Due Diligence Report have been finished, see details in appendix 5. Fukang City ADB loan subproject has been listed in the overall planning of Fukang City; the implementation period expected to start from May 2017 to December 2021.The land acquisition and house demolition will start in May 2017 and finished in December, The implementation agency of the subproject is the Fukang City Government and the implementation agency of road component and urban public pipe network component is housing and urban rural construction bureau of Fukang and Ganhezi Town government. The ecological restoration component will be implemented by both Fukang Housing and Urban-rural construction bureau and Forestry Bureau. And the vocational education component will be implemented by Fukang Education Bureau. The project composition is presented in Table 1-1. Table 1-1: Project Compensation NO. Subproject Contents and Scale Impact 1 Road construction Extension and reconstruction of 14 roads with km length, including 5 newly builds roads and 4 upgrading roads with a total length of km in Fukang City; 5 newly build roads with a total length of 3.35 km in Ganhezi Town. 2 Fukang city s 4 new build roads construction involved 59HHs with 248 people in total. Including HD of 31 households with 135 people with minorities 39 people from 7 households and LA of 28 households with 113 people including 48 people from 10

21 2 3 Water Supply Water Drainage District Heating Ecological project restoration 4 Vocational Education 5 Capacity building the total installation of m water supply pipeline with the diameter of dn, including m of pipeline in Fukang City and 3948 m in Ganhezi Town installation of m drainage pipeline, the diameter is de , the material is HDPE, and 470 of drainage inspection wells, including m pipeline and 355 of drainage inspection wells in Fukang City and 3886m pipeline and 115 of drainage inspection wells in Ganhezi Town Installation of m hot water pipeline, the diameter is dn , and the material is Q235-B in Fukang. Installation of m hot water pipeline, the diameter is dn , and the material is Q235-B in Ganhezi Town. The total construction restoration area with m 2 (10291mu). The construction contents are: a) S303 road shelterbelt forest high efficient water saving projects. b) shelter forest project in south mountain area c) shelter forest project in Beihuan road Build an employment training center workshop accounting for m 2 areas. (a) Enhance technical and vocational skills training facilities; in Fukang and (b) developing project management capacity of government agencies and community groups. Source: From the feasibility study report (FSR) of the project. households are ethnic minorities; Ganhezi: build 5 new roads, after survey and making confirmation from land resource bureau, the 5 roads accounting an area of mu, all these land are state-owned construction land, no ground fixtures and affected people or enterprises will be involved. The construction of the water supply pipeline are on the new build roads, according to the principle of first buried tube, after paving the road, no LA and HD affection involved. The construction of the water supply pipeline are on the new build roads, according to the principle of first buried tube, after paving the road, no LA and HD affection involved. The construction of the water supply pipeline are on the new build roads, according to the principle of first buried tube, after paving the road, no LA and HD affection involved. Affected 3311 mu Class 2 Grade 2 spring grassland in Baiyanghe village, affected 19 grazing groups with 842 people from 144 households, all of whom are Kazak Affected 5647 mu Class 2 Grade 2 autumn grassland in Sigong village, affected 9 grazing groups with 296 people from 58 households and all these people are Kazak. The Beihuan road has finished the LA in 2012, see details in appendix 5 of due diligence report The construction will be carried out in the original school site; therefore, no LA or HD will be involved. No LA or HD will be involved. 3

22 Table 1-2: Project Scales Projec t area Name Road properties Red line widt h m) Lengt h m Motor vehicl e lane width m Non motor vehicl e lane width m Sidewal k width m Gree n belt width m Remark Guangyuan road branch road New road Huiyuan road branch road New road Ruiying road branch road New road Ankang road branch road New road Boya road branch road New road Fukang City Tianshan road Secondary road Reconstructio n road Tianchi street Secondary road Reconstructio n road Yingbin road Main road Bofeng road Mains road Reconstructio n road Reconstructio n road Changing road Mains road New road Zhenxi road Mains road New road Ganhezi Town Guangming road Mains road New road Weiqi road branch road New road Honglingjin road branch road New road Source: From the feasibility study report (FSR) of the project. 4

23 Figure 1-1: Road Network of Fukang City Figure 1-2: Road Network of Ganhezi Town 5

24 Figure 1-3: Proposed Roads and Affected Communities/villages in Fukang City Figure 1-4: Proposed Roads and Affected Communities/villages in Ganhezi Town 6

25 Figure 1-5: Ecological restoration project 1.2. Optimizing Project Design to Reduce Resettlement Impacts 5. In the engineering design phase, the impact of the LAR should be minimum, the main principles are following: To avoid or minimize the occupation of existing and planned residential areas (rural and urban); To avoid or minimize the acquisition of high quality arable land; To use existing state and local roads towards to the proposed construction area; To avoid or minimize the occupation of environmentally sensitive areas; and To select the resettlement areas in line with the local development plan. 6. The road route selection should be combined with existing roads to avoid or reduce occupancy of existing building and cultivated land. 7. The original project plans to build 17 roads, permanent land acquisition mu, affect 289 7

26 households with 1456 people, involved HD in total of m², affect 86 households with 439 people. After field consultation with the affected villages and communities, the PMO and design institute (DI) decided to abandon the construction of 12 roads, which avoids about 55 households with m 2 of HD and 59 households with mu of LA. Details are presented in Table 1-3. Table 1-3: Comparison of the Affected Area before and after Design Optimization Item Unit Before design optimization After design optimization Decrease General farm land mu Permanent LA Grassland mu Homestead mu Subtotal mu Residential house m HD Cultivate land acquisition Commercial shop m Subtotal m Grassland acquisition HH affected HH Grassland acquisition affected Person population LA HH HH LA population Person Residential HH House/building Population Person demolish Commercial shop Unit Source: The design institute and resettlement socio-economic survey (2016) 8

27 2. Impact Scope 2.1. Types of Impacts 8. Based on the feasibility study report (FSR), the main types of impacts of the project include: (i) Land acquisition of collective and state-owned lands; (ii) House demolition of residents and attachments; (iii) Non-residential house demolition impact (commercial shops and enterprises) (iv) Losses of ground attachments and infrastructure Methodology and Procedures 9. The Fukang PMO, design institute (DI), RP preparation agency and Ganhezi Town conducted a site survey and household survey to identify the project impact scope in June 12 to with Fukang City construction bureau. 10. In August 17, 2016, the experts of PPTA held the meeting of Bureau of housing and urban rural construction of Changji for the use of ADB loans to co-ordinate the implementation of urban and rural infrastructure demonstration project-rp Policy Framework Training Meeting. Both the PRC and ADB s policies related to LAR and indigenous peoples, and contents required for the RP and EMDP were introduced. 11. During June12 to August 20, 2016, with the assistance of the experts of PPTA, the City PMO and RP preparation agency organized relevant staff to conduct a detailed survey of the physical indicators of the affected population, houses, land and special facilities, as well as the affected residents and rural collective economic organizations. 12. The surveys were conducted in a combination of field investigation, data collection and inquiry, questionnaire survey and interview. Socio-economic survey was gender-sensitive. Women were consulted to elicit their opinions and suggestions; and the findings were included in the RP. : Land acquisition survey: The survey team surveyed the area of the acquired land by ownership and type after the DI defined the range of land acquisition by field setting-out. House demolition survey: Location, structure and area of affected houses and buildings were 9

28 surveyed. Socio-economic survey: A sampling survey of affected population, including gender, ethnic group, age, educational level and employment status, etc. Scattered tree survey: Scattered trees within the affected areas were counted on spot to differentiate fruit trees and other trees, and registered by species. Special facility survey: The affected water resources, electric power and telecommunication facilities were surveyed based on the existing information of the competent authorities, and verified and registered on spot 2.3. Impact and Risks Identification 13. In this stage, Land acquisition (LA) and house demolition (HD) of the project is confirmed by the feasibility research stage s recommendation. Land acquisition (LA) and house demolition (HD) of the project is mainly caused by the 5 new build roads and shelterbelt forest project. And it will affect 3 town (Chengguan town, Shanghugou Township, Sangong township), six villages (Yuergou, Huangyakeng, Tougong, Banganliang, Baiyanghe and Sigong), and 1386 people from 261 households will be affected, in which 1225 persons from 219 households are ethnic minorities, accounting for 88.38% of the total affected persons (APs). 31 families with 135 members are affected by HD only, and 230 families with 1251(the farmland acquisition will affect 28 families with 113 members, ethnic minorities 10 families with 48 members; the grassland acquisition of shelter forest project will affect in total of 28 grazing groups with 1138 people from 202 households and all these people are Kazak). 14. A total land of mu will be acquired permanently, and it will affect 1251 people from 230 households (the farmland acquisition will affect 28 families with 113 members, ethnic minorities 10 families with 48 members; the grassland acquisition of shelter forest project will affect in total of 28 grazing groups with 1138 people from 202 households and all these people are Kazak), and with ethnic minorities 1186 people from 212 households. Including (i) mu of cultivated land (nursery land), affect 28 households 113 people, including 10 households 48 ethnic minorities; (ii) mu collective Homestead land, affected populations are included in the population to be demolished 10

29 without further calculation. (iii) The shelterbelt forest project will acquire 8958 mu Class 2 Grade 2 grassland and affect 28 grazing groups with 1138 people from 202 households; including S303 shelter forest project affecting 3311 mu Class 2 Grade 2 spring grassland in Baiyanghe village, affected 19 grazing groups with 842 people from 144 households, all of whom are Kazak; south mountain area shelter forest affecting 5647 mu Class 2 Grade 2 autumn grassland in Sigong village, affected 9 grazing groups with 296 people from 58 households and all these people are Kazak m 2 of house area will be demolished, affect in total of 31 households with 135 people (7 households 39 minorities); including m 2 in Fukang City, affect 31 households with 135 people (7 households 39 minorities);. The project construction will involve 1 household family-commercial shop with an area of m 2, the affected people has included in the population to be demolished without further calculation. And the enterprise and public institution are not affected by the demolition. 16. There are 5 new build roads with an area of mu in Ganhezi town, all of which are state-owned construction land, no ground attachments or buildings will be affected. 17. According to the site survey, the subproject will not involve the demolition of enterprises. 18. There are in total of 261 households involved in LA and HD in the subproject, including 28 households involved in LA, and accounting for 9.7% of total affected villages households (there are 287 households of the whole affected villages); and 31 households involved in HD, accounting for 3.1% of total affected villages households (there are 1012 households of the whole affected villages). And 58 households involved in grassland acquisition, accounting for 7.4% of total affected villages households (there are 776 households of the whole affected villages). Due to the relatively low percentage of LA and HD, the subproject is expected to pose little impact to social economic in the short to long term. 19. According to the survey, most of the affected people are from the villages in Chengguan Town, with the development of urbanization in Fukang city, as well as the overall development. Therefore, the majorities of the farmers are not just limited in agricultural work, instead, most of them engage in outside working and running the small business. Business revenue and outside working revenue are 11

30 the main income resources, the agricultural income only takes 11.98% of the total family income. Due to the lower percentage of agricultural income, the subproject is expected to pose little impact to livelihoods in the short to long term. 20. As for the affected herdsmen, by survey indicates that, each of grazing group or household owns a large number of grassland, based on the different season, the grassland can be divided into 4 types, they are spring grassland, summer grassland, autumn grassland and winter grassland, these 28 grazing groups possess in total of mu of grassland, per grazing group has average grassland area for mu, and the average household grassland is mu; in the eyes of land-loss rate, the total grassland rate for the 28 grazing groups is 0.95%, the min grassland loss rate is 0.04%, and the max grassland loss rate is 6.09%, per household grassland loss rate is 0.5%. For the Kazak who are engaged in grazing, they own large grassland in Xinjiang. According to the data supplied the county stockbreeding authority, the stock capacity per unit of productivity of the Altay region (an indicator of productivity of grassland land, usually meaning the amount of livestock that can be herded in a unit area of grassland land) is 1.76 ha/head of sheep, namely 26.4 mu of grassland land/head of sheep; head of sheep will be herded on one mu of grassland land affected. It can be seen that grassland land acquisition will have little impact on herdsmen; the subproject is expected to pose little impact to livelihoods in the short to long term. Table 2-1: Summary of Project Land Acquisition and Resettlement Impacts Items Total Affected / towns 3 Affected Villages/Communities 6 Subtotal State-owned land (mu) State-owned Construction land Road construction in Ganhezi Town Subtotal Collective land (mu) Cultivated land nursery Homestead

31 Grassland Class 2 Grade 2 mu HD (m²) Affected population Subtotal 8958 Spring grassland(class2 grade 2) 3311 Autumn grassland(class2 grade 2) 5647 Subtotal Rural villagers in Fukang City (31 HH) Family commercial shop(fukang City) LA only (HH) 28 Population (person) 113 HD only (HH) 31 Population (person) 135 Grassland Acquisition only (HH) 202 POPULATION person 1138 Direct affect HH HH 261 Direct affect person person 1386 Source: Socio-economic survey of July Impacts by Each Road 21. Guangyuan Road (Fukang City): It is a new construction road. The planning of the road is from the south to the north, the south is started from Xinyun road, and the north is to Wentao road, the planning red line width is 24 m. The construction will affect 10 HHs with 44 people (including Ems 2HHs with 9 people) with demolished house area m 2 in east Yuergou village, west Yuergou village and Huangyakeng village. Because of the overall planning of land use and town construction in Fukang City, the land acquisition of Guangyuan road had been finished during , and the Due Diligence Report has also been prepared, see details in appendix Huiyuan Road (Fukang City): It is a new construction road. The planning of the road is from the south to the north, the south is started from Longtan road, and the north is to Wentao road, the planning red line width is 24 m. Because of the overall planning of land use and town construction in Fukang City, the land acquisition of Huiyuan road had been finished during , and the Due Diligence Report has also been finished, the detailed information see in DDR. There is no HD impact 13

32 in the construction of Huiyuan road. 23. Ruiying Road (Fukang City): It is a new construction road. The planning of the road is from the east to the west, the west is started from Longtan road, and the east is to Wenbo road, the planning red line width is 24 m. The construction will affect 12 HHs with 45 people and demolished house area is m 2 (including m 2 of family-commercial shop) in Tougong village. Because of the overall planning of land use and town construction in Fukang City, the land acquisition of Ruiying road had been finished during , and the Due Diligence Report has also been finished, the detailed information see in DDR. 24. Ankang Road (Fukang City): It is a new construction road. The planning of the road is from the east to the west, the west is started from Wenchang road, and the east is to Dongye road, the planning red line width is 24 m and has 5 m width of asphalt pavement from Yingbin road to Tianchi Street. The north of the road is residential house and the south of the road is unused land, so the construction will affect 9 HHs with 46 people (including Ems 5HHs with 30 people) and demolished house area is m 2 in east Yuergou village, Because of the overall planning of land use and town construction in Fukang City, the land acquisition of Ankang road had been finished during , and the Due Diligence Report has also been finished, the detailed information see in DDR. 25. Boya Road (Fukang City): It is a new construction road. The planning of the road is from the east to the west, the west is started from Yingbin Street, and the east is to Guihuadong road, the planning red line width is 24 m. The construction will acquire mu collective farm land in Banganliang village, affected 28 HHs with 113 people (including Ems for 10HHs with 48 people). There is no house demolition impact during the construction Tianshan Street (Fukang City): It is an existing road. The project will upgrade the road grade; the road needs to be repaving asphalt. The road is from the south to the north, the south is from Fuxin road, and the north is to Chengbei road. There are no affected persons. 14

33 Figure 2-1: Tianshan Street 27. Tianchi Street (Fukang City): It is an existing road. The project will upgrade the road grade; the road needs to be repaving asphalt. The road is from the south to the north, the south is from Fuxin road, and the north is to Chengbei road. There are no affected persons Figure 2-2: Tianchi Street 28. Yingbin Road (Fukang City): It is an existing road. The project will upgrade the road grade; the road needs to be repaving asphalt. The road is from the south to the north, the south is from Fuxin road, and the north is to Chengbei road. There are no affected persons Figure 2-3: Yingbin Road 15

34 29. Bofeng Road (Fukang City): It is an existing road. The project will upgrade the road grade; the road needs to be repaving asphalt. The road is from the west to the east, the west is from Yingbin road, and the east is to Bobei road. There are no affected persons Figure 2-4: Bofeng Road 30. Changqing Road (Ganhezi Town): It is a new construction road. The road is from the west to the east, the west is from Guangming road, and the east is to Binghe road, which belongs to secondary road, the proposed width of red line is 24m, the width of motor way is 10m.And with the field survey and the confirmation of LRB, all these land are state-owned construction land, it only need to handle relevant land procedures, and neither LA nor HD will be produced in the subproject. There are no affected persons 31. Zhenxi Road (Ganhezi Town): It is a new construction road; the planning width of the red line is 22 m, and the width of motor way is 12m. The road is from the south to the north, the south is from Weiliu road, and the north is to Weisan road, the nature of the road is secondary road. And with the field survey and the confirmation of LRB, all these land are state-owned construction land, it only need to handle relevant land procedures, and neither LA nor HD will be produced in the subproject. There are no affected persons Figure 2-5: Zhenxi Road 16

35 32. Guangming Road (Ganhezi Town): It is a new construction road; the planning width of the red line is 24 m, and the width of the motor way is 15m. The road is from the south to the north, the south is from Weiliu road, and the north is to Weisan road. The projects will extension the north and the south of the road. And with the field survey and the confirmation of LRB, all these land are state-owned construction land, it only need to handle relevant land procedures, and neither LA nor HD will be produced in the subproject. There are no affected persons 33. Honglingjin Road (Ganhezi Town): It is an existing road, the road is from the south to the north, the south is from Weiliu road, and the north is to Weisan road. At present the road is asphalt pavement and the width is 10 m; the proposed width of the red line is 20 m, and the width motor way is 10m. And with the field survey and the confirmation of LRB, all these land are state-owned construction land, it only need to handle relevant land procedures, and neither LA nor HD will be produced in the subproject. There are no affected persons 34. Weiqi Road (Ganhezi Town): which is a new construction road, runs from east to west, and the nature is branch road, the proposed width of redline is 16m, and the width of motor way is 7m. And with the field survey and the confirmation of LRB, all these land are state-owned construction land, it only need to handle relevant land procedures, and neither LA nor HD will be produced in the subproject. There are no affected persons Urban Public Pipeline 35. Water Supply Pipeline: The pipeline will be laid along the new road 3 and constructed at the same time with the road construction, so the laying of pipelines will not conduct any HD or LA impact. The implementation of the road will on the principle of "first buried tube, after paving the way" therefore, there is no additional recovery. There is no impact on LA or HD, because there is no a ground attachment or buildings. According to the survey, there are in total of 2 water treatment plants in Fukang city. The first water plant built in 3 The new roads are part of the subproject. 17

36 1990, accounted an area of 7.3 ha (109.5 mu); through the confirm and survey of Land and Resource Bureau, the land belonging to state-owned unused land, no underground attachments or buildings, the water supply capacity is m 3 /d, with 6 water source wells in total. The detailed land type and explanation of ownership see appendix 6 attached. The second water treatment plant built in 2009, accounted an area of 6 ha (90 mu), through the confirm of Land and Resource Bureau, the land belonging to state-owned unused land and without any attachments and infrastructure and affected population, the water supply capacity is 10,000 m 3 /d with 6 water source wells. The detailed land type and ownership description see in Appendix 7 attached. The Ganhezi Town water treatment plant was built in 2011, accounted an area of ha (26.76mu), with 5 water source wells, through the confirmation of Land and Resource Bureau, the land belonging to state-owned unused land and without any attachments and infrastructure and affected population. The detailed land type and ownership description see in Appendix 8 attached. 36. The drainage network: Install the water drainage pipelines along the new construction road. The drainage network project will not involve permanent LAR; the installation of the pipeline is along the newly built road, according to the "first buried tube, after paving the road" principle so there is no additional recovery. According to the survey, the sewage disposal plant of Fukang was constructed in 2001 and upgrading in 2009 which account for land area of 8.7ha (130.5mu). The sewage disposal capacity is m 3 /d in the short term and the actual day capacity is 8000m 3, and the annual capacity is 2.47million cubic meters. The centralized sewage treatment rate is 85%. According to the confirmation of Land and Resource Bureau, the sewage disposal plant occupies an area of 1.8 ha (27 mu) of state-owned unused land and is without any attached infrastructure and affected population. The detailed land type and ownership description is in Appendix 9. After survey, the sewage seepage pit in Ganhezi was built in 2010, taking the land area of 1.784ha (26.76mu), through the confirmation of Land and Resource Bureau, the land belonging to state-owned unused land and without any attachments and infrastructure and affected population. The detailed land type and ownership description see in Appendix The heating network Install the heating pipelines along the new construction road. The heating network will not involve LAR. And the installation of pipeline is along the newly build road, 18

37 according to the "first buried tube, after paving the way" principle so there is no additional recovery. There is no impact on LA or HD, because there is no ground attachment or buildings. According to the survey, the cogeneration central heating engineering (heat source plant) of Fukang Tianchi was built in 1998, and taking an area of 16.70ha (250.50mu). The designed capacity is 4 350,000kw, and the largest heating area is 4.85million square meters. According to the information from Fukang Land and Resource Bureau, the heating plant took ha ( mu) state-owned unused land and without any attachments and infrastructure and affect population. The detailed land type and ownership description see in Appendix 11. According to the survey, there are 2 heating boilers in Ganhezi Town, and one for 20 ton coal fired boiler and the other one is 40 ton coal fired boiler. The 2 heating boilers was built in July 2015, and put into use in October Taking an land area of 0.67ha (10.05mu), the 40 ton-coal fired boiler is responsible for the whole town heating supply in winter, while the 20 ton-coal fired boiler is for auxiliary. Through the confirmation of Land and Resource Bureau, the land belongs to state-owned unused land and without any attachments and infrastructure and affected population. The detailed land type and ownership description see in Appendix Ecological restoration project 38. Ecological restoration project: the total restoration area is m 2 (10291mu). Including shelter forest projects of (i) S303 road, (ii) Beihuan road, and (iii) South Mountain Area. 39. With the exception of Beihuan Road shelter forest project which was already acquired in because of the overall planning of land use and town construction in Fukang City (See due diligence report in Appendix 5), land for S303 road and South Mountain Area will be acquired. In total, 8958 mu Class 2 Grade 2 grassland will be affected. There are 28 grazing groups with 1138 people from 202 households. 1 S303 shelter forest project will e3311 mu Class 2 Grade 2 spring grassland in Baiyanghe village, affecting 19 grazing groups with 842 people from 144 households, all of whom are Kazak; 2 South mountain area shelter forest will acquire 5647 mu Class 2 Grade 2 autumn grassland in Sigong village, affecting 9 grazing groups with 296 people from 58 19

38 households and all these people are Kazak Vocational Education Component 40. Fukang City will build an employment training center, including workshops, with a total building area of m 2 The new training center will be located on the existing basketball court (1,600 sq.m) of Fukang Vocational and Technical School.The construction of the new basketball court will be within the unused land which is also within the campus.. Therefore, there are no LAR impacts 20

39 Table 2-2: Detail Impact Scope Permanent land acquisition House Demolition Project Affected Villages Land acquisition Affected population Demoli Farml and Reside ntial land Grassl and land Affec ted HHs Popu lation EM HH EM popula tion tion area m 2 HD Affected population Affec EM Popu EM ted popula lation HH HHs tion Rem ark Guangyua n road Yuergoudong and Yuergouxi villages Ruiying road Tougongbei Village Road project Ankang road Yuergoudong Village Boya road Banganliang Village Subtotal Ecolog ical restora tion project Shelter forest project in S303 road Shelter forest Baiyanghe/Sigon g/huangshan Villages

40 Permanent land acquisition House Demolition Project Affected Villages Land acquisition Affected population Demoli Farml and Reside ntial land Grassl and land Affec ted HHs Popu lation EM HH EM popula tion tion area m 2 HD Affected population Affec EM Popu EM ted popula lation HH HHs tion Rem ark project in south mountain area Subtotal Total Data Source: Socio-economic survey July

41 2.4. Collective Land Acquisition Impact 41. A total of mu land will be acquired permanently, and it will affect 1251 people from 230 households (the farmland acquisition will affect 28 families with 113 members, ethnic minorities 10 families with 48 members; the grassland acquisition of ecological restoration project will affect in total of 28 grazing groups with 1138 people from 202 households and all these people are Kazak), and with ethnic minorities 1186 people from 212 households. Including (i) mu of cultivated land (nursery land), affect 28 households 113 people, including 10 households 48 ethnic minorities; (ii) mu collective Homestead land, affected populations are included in the population to be demolished without further calculation. (iii) The ecological restoration project will acquire 8958 mu Class 2 Grade 2 grassland and affect 28 grazing groups with 1138 people from 202 households; including S303 shelter forest project affecting 3311 mu Class 2 Grade 2 spring grassland in Baiyanghe village, affected 19 grazing groups with 842 people from 144 households, all of whom are Kazak; south mountain area shelter forest affecting 5647 mu Class 2 Grade 2 autumn grassland in Sigong village, affected 9 grazing groups with 296 people from 58 households and all these people are Kazak. The detail impacts are presented in Table 2-3. Table 2-3: Collective land acquisition Road construction Ecological restoration project Subproject Guangyuan road Ruiying road Ankang road Boya road Shelter forest of S303 road Types of land(mu) Affected Farm Homestead Grassland(cla villages land(nurser land ss2 grade 2) y land) Subtotal Yuergou village Tougong village Yuergou village Banganlian g village Baiyanghe village Huangsha

42 Types of land(mu) Affected Farm Subproject Homestead Grassland(cla villages land(nurser land ss2 grade 2) y land) Subtotal n village south mountain area Sigong shelter forest village Total Source: Socio-economic survey July 2016 Figure 2-6: Affected land in Boya Road Impacts Analysis of Cultivated Land Acquisition 42. The impacts of the land acquisition is mainly caused by the construction of Boya road, and it stated by linear distribution, most affected people will only loss a small part of their land, so there s little effect to farmers production and income; the total land acquisition area of Banganliang village is mu, all of which are nursery land, with 113 affected people from 28 households. From table 2-3, the average household land loss rate is between 3.65%-16.72%, and the total land loss rate of the 28HHs is 7.33%. Table 2-4: Land Loss Rate analysis No. Nation Family Before LA the number land Area (mu) LA Area (mu) Loss Rate 1 Hui % 2 Hui % 3 Hui % 4 Hui % 5 Han % 6 Han % 24

43 7 Han % 8 Han % 9 Han % 10 Han % 11 Han % 12 Han % 13 Hui % 14 Han % 15 Uygur % 16 Han % 17 Han % 18 Hui % 19 Han % 20 Han % 21 Han % 22 Han % 23 Hui % 24 Han % 25 Hui % 26 Hui % 27 Han % 28 Han % Source: socio-economic survey July Impacts of Collective Homestead Land Acquisition 43. The subproject will occupy collective Homestead land mu the affected populations are included in in the population to be demolished without further calculation Impacts of Grassland Land Occupation 44. The shelterbelt forest project will acquire 8958 mu Class 2 Grade 2 grassland and affect 28 grazing groups with 1138 people from 202 households; including S303 shelter forest project will acquire 3311 mu Class 2 Grade 2 spring grassland in Baiyanghe village, affected 19 grazing groups with 842 people from 144 households, all of whom are Kazak; south mountain area shelter forest will acquire 5647 mu Class 2 Grade 2 autumn grassland in Sigong village, affected 9 grazing groups with 296 people from 58 households and all these people are Kazak. 45. Because of the overall planning of land use and town construction in Fukang City, the land 25

44 acquisition of Shelter forest project of Beihuan road had been finished during and the Due Diligence Report has also been finished, the detailed information sees the DDR in appendix 5 attached. 46. Total of 8958 mu grassland (class2 grade 2) will be acquired permanently, after making confirmation from Fukang Grassland Supervision Station indicated that the grassland need to be acquired belongs to state-owned grassland, and the acquisition will affect 3 villages (Baiyanghe village, Huangshan village, Sigong village) and affected 28 grazing groups with 1138 people from 202 households. According to the survey, the distribution of the grassland is based on grazing groups, the distribution of a grazing group is based on households, which is several households or dozens of households can be distributed to grassland. The grassland is given to grazing groups according to the area of grassland, and it will not distribute to each household. And it distributed to each group based on the area of land acquisition, and then the groups distribute the land to each household. 47. According to the survey, among the affected herdsmen, each group or household have much grassland, they are spring, summer, autumn and winter grassland mu grassland are owned by 28 grazing groups, and per household owns mu; about the loss rate, the total loss rate of 28 grazing groups is 0.95%, the minimum loss rate is 0.04%, and the maximum loss rate is 6.09%, the average loss rate is 0.5%; for the Kazak who are engaged in grazing, they own large grassland in Xinjiang. According to the data supplied the county stockbreeding authority, the stock capacity per unit of productivity of the Altay region (an indicator of productivity of grassland land, usually meaning the amount of livestock that can be herded in a unit area of grassland land) is 1.76 ha/head of sheep, namely 26.4 mu of grassland land/head of sheep; head of sheep will be herded on one mu of grassland land affected. It can be seen that grassland land acquisition will have little impact on herdsmen. See details in table

45 Table 2-5 Grassland Acquisition of Shelter Forest Project No. Township Village Group HH Population Spring grassland Original grassland Summer Autumn Winter grassland grassland grassland Total Grassland rank Affected grassland Loss rate % 1 Group Class 2 Grade % 2 Group Group Group Sangong Sigong Group Group Group Group Group Class 2 Grade 2 Class 2 Grade 2 Class 2 Grade 2 Class 2 Grade 2 Class 2 Grade 2 Class 2 Grade 2 Class 2 Grade 2 Class 2 Grade % % % % % % % % Total % Shanghugou Baiyanghe team 1 Group Group Class 2 Grade 2 Class 2 Grade % % 27

46 No. Township Village Group HH Population Spring grassland Original grassland Summer Autumn Winter grassland grassland grassland Total Grassland rank Affected grassland Loss rate % 12 Baiyanghe team 1 Group Class 2 Grade % 13 Baiyanghe team 1 Group Class 2 Grade % 14 Baiyanghe team 1 Group Class 2 Grade % 15 Baiyanghe team 1 Group Class 2 Grade % 16 Baiyanghe team 1 Group Class 2 Grade % 17 Baiyanghe team 1 Group Class 2 Grade % 18 Huangshan team 1 Group Class 2 Grade % 19 Huangshan team 1 Group Class 2 Grade % 20 Huangshan team 1 Group Class 2 Grade % 21 Huangshan team 1 Group Class 2 Grade % 22 Huangshan team 1 Group Class 2 Grade % 23 Huangshan team 1 Group Class 2 Grade % 24 Huangshan Group Class % 28

47 No. Township Village Group HH Population Spring grassland Original grassland Summer Autumn Winter grassland grassland grassland Total Grassland rank Affected grassland Loss rate % team 2 Grade 2 25 Huangshan team 2 Group Class 2 Grade % 26 Huangshan team 2 Group Class 2 Grade % 27 Huangshan team 2 Group Class 2 Grade % 28 Huangshan team 2 Group Class 2 Grade % Total % 29

48 2.6. Impacts of State-owned Land Occupation 48. According the survey, a total of mu state-owned land will be occupied, due to the construction of 5 roads in Ganhezi town, through site survey and confirmed by Fukang City Land Resource Bureau, all the occupied land belongs to state-owned construction land, no ground attachments or buildings will be involved. Besides, the subproject is a public utility project, no need to compensate to the state-owned land, the relevant land procedures are needed, before the implementation of the subproject Scope of House Demolition rural households with 135 members (including7 households with 39 minority people) are affected by the subproject in Fukang City; The demolished house are mainly the bungalow in the village, the structures are mainly brick-concrete, brick-wood, earth-wood, brick-earth timber, simple shed and son on. The total house demolition area is m 2, including m 2 brickconcrerte, m 2 brick-wood, m 2 earth-wood, and m 2 brick-earth timber. The compensation standards for house demolition and relocation plan are presented in Section and Section 5.6.1, respectively Table 2-6: Affected House Demolition Demolition area m 2 Items Brick-concrete Brick-wood Earth-wood brick-earth timber simple shed Subtotal Ankang road Guangyuan road Ruiying road Total Category Household Population HD Only Ethnic minority 7 39 Source: Socio-economic survey July

49 Figure 2-7: The Demolished Residential House in Fukang City (the left picture is Ankang road/right one is Guangyuan road) 2.8. Impacts of Small Shops 50. The subproject will affect 1 small family-commercial shop with an area of m 2. The operation a scale of the shops is very small, mainly engaged in daily necessities, and the annual net profit is about 20,000yuan (about 55yuan/day). It is operated in the foreyard and affected people is already included in the population to be demolished without further calculation. The affected household will be offered to opt for cash compensation or property right exchange at the resettlement area where a new shop could be set-up. To avoid impacts on their business, the household will be informed in advance of relocation, offered and agree early on options, i.e., if cash compensation or property right exchange to allow the home-commercial shop owner sufficient time to move and re-establish their businesses before closing their affected shop. The compensation standards for the family-commercial shop demolition and relocation plan are presented in Section and Section 5.6.3, respectively 31

50 Figure 2-8: The Demolished Family-commercial Shop in Ruiying Road 2.9. Affected Vulnerable Households 51. Vulnerable groups in the subproject refer to those individuals and their families whose living standard is lower than the minimal living standard line of Fukang City (the implementation of urban and rural integration in Fukang City in 2014, the standard line of rural and urban people are the same about CNY390 yuan/month/person), including orphan, aged people, handicapped people, mentally disabled persons, impoverished people, and women headed households. According to the survey and the confirmation of village community, there is no vulnerable group in the project. 52. According to the social survey and confirmed by village committee no vulnerable groups will be involved in subproject Affected Ethnic Minorities 53. In the total of 1225 APs from 219 households, 7 households with 39 members affected by house demolition, and 212 households with 1186 members affected by farm land and grassland acquisition.(la affect ethnic minorities 44 people from 8 households; and grassland acquisition affect 1138 people from 202 households); As for the ethnic minorities who will be affected by LA, they mainly engaged for agricultural production, and most of them are Hui nationality, they live together with the other national groups, just like a large family, although, a small part of ethnic minority will be affected by LA, no ethnic minority groups can be divided into several parts by relocation. In addition, the land resource use rights for the EMs will not be affected by LA, the affected minority people in the project enjoy the local social status, and their economic status which is consistent with the Han, and retains their national characteristics in the habits and religion. As for the Kazak nationality affected by grassland acquisition, no impact will be produced for their normal life by the acquisition. Transition is a matter of symbolic culture of Kazak nomadic life, as traditional Kazak steppe nomads, all year around in different seasons of transitions. The transitions will base on the different seasons; there are four season ranches, they are spring ranch, summer ranch, autumn ranch and winter ranch, transition is a main national trait for Kazak, their nomadic lifestyle will not be disturbed by the project. In regarding to the grassland acquisition, reasonable compensation will be given to the affected herdsmen according 32

51 to related policies and regulations, on the other hand, the ethnic minorities own the priorities on employment, and technical training as well as the training on livestock and quarantine, no differences between Han nationality, from the overall view of point, do not exist any differences or discrimination between ethnic minority and Han. And in the aspect of the language, the Uygur has their own languages --- Uyghur, belonging to Altai language family; and the Kazak also has their own languages --- Kazakh, also belonging to Altai language family; because the two language belongs to the same language family, so the writing and language has similarity, the Uygur and Kazak could understand each other; and the Hui people, they do not have their own languages, they use Chinese, but they also have their own cultural attribute. As for the land acquisition, the ethnic minorities have the same compensation rights or entitlements with Han nationality; in addition, the ethnic minorities obtain the job opportunities and technical training program in priority. In order to promote the development of ethnic minorities, an Ethnic Minority Development Plan has been prepared. H D L A Affected Type Table 2-7: Nationality and Distribution of Affected Minority People Total HH Total affect population Total population HH s Ethnic minority Populat ion HH s Uygur Hui Kazak Populat ion HH s Populat ion Ankang road Guangyuan road Ruiying road Subtotal Boya road Shelter forest project HH s 20 2 Populat ion 1138 Subtotal Total Source: socio-economic survey July Affected Attachments and Infrastructure 33

52 54. The ground attachments and infrastructure affected by the construction of Guangyuan road, Ruiying road and Ankang road, of the subproject, the details see in Table 2-8. Table 2-8: Affected Attachments and Infrastructure Compensation Item standards yuan Total Nature Brick toilet Individual Methane tank Individual soil vegetable cellar Individual brick vegetable cellar Individual Individual Seepage Well Individual Individual Hook needle Individual Pine 90 1 Individual Chinese wolfberry 60 1 Individual Landscape seedling Individual Grapes Individual Ulmus pumila 5cm 20 4 Individual Apricot 5cm Individual Hawthorn Tree 15cm Individual 5cm 20 5 Individual ulmus laevis 10cm 25 2 Individual 20cm 35 2 Individual Poplar tree 15cm Individual 35cm-45cm 55 2 Individual 5cm Individual Apple tree 10cm Individual 15cm Individual 5cm 45 1 Individual Peach tree 5-10cm 60 1 Individual 10-15cm Individual 15-20cm Individual <5cm Individual Fruit tree 5cm Individual 10cm Individual 15cm Individual 34

53 Compensation Item standards yuan Total Nature White wax 5cm Individual 5-10cm Individual Plum tree 10-15cm Individual 15-30cm Individual Jujube tree 5cm Individual 10cm Individual 55 3 Individual Elaeagnus 5cm 75 1 Individual angustifolia tree 25cm Individual <5cm 2 12 Individual 5-10cm Individual Individual 10-15cm Individual 15-20cm Individual Elm 20-25cm Individual 25-30cm Individual 30-35cm Individual 35-40cm 55 5 Individual 45-50cm 65 4 Individual >50cm 85 2 Individual Source: Socio-economic survey July

54 3. Socioeconomic Profile of Affected Areas 55. In order to learn more about their living and production condition and the suggestions to the subproject of the affect people, under the guide of PPTA specialists, the Fukang PMO, the design institute and RP preparation team work together with the Bureau of Housing and Urban-rural Construction of Fukang city carried out the field survey and social economic survey among the subproject area during June to August The survey carried on among the different groups of economic condition, nationalities, gender, ages, etc., to learn about the condition of LA and HD residents and what they need. Given the different people has different demands to the subproject, the specific analysis to the demands of different people will benefit to the identification of the subproject impact and avoid the negative impact of the subproject as can as possible and also promote the smooth implementation of the subproject. 56. Through the questionnaire survey, interview, discussion, observation and other methods, make a fully understanding and communication with the affect groups, provides a quantitative material which is consulted by the local government, opinions of LA and HD affected people, the demands analysis of women and ethnic minorities, the social analysis of the affected community and so on, for the preparation of the report as well as for the evaluation and impact identification of the subproject, and combined with the complementary measures to stress the positive impact and eliminate the negative impact. 57. In order to improve their living and income condition of the affect people as soon as possible, through fully consulting, the PMO not only provides the LA compensation measures, but also prepare the living and production restoring plan in accordance with what they need and the actual condition of the affect people, and also discussed with the affect people about the suggestions and opinions of training, these suggestions and opinions has been collated and summarized in this report. See in table 5-7 below Socioeconomic Status 58. Fukang City is located in Xinjiang Changji Hui Autonomous Prefecture; it is located in the east 36

55 of Tianshan Mountain, the southern margin of Junggar Basin. The width from west to east is about 76 km and the length from south to north 198 km, the total administrative area is km 2 and there is an gas exploration base in the west of the city about 7 km, accounting for an area of 6.5 km The total GDP in 2015 achieved billion yuan, increased 10.5%, in which the first industry increased billion yuan, the percentage increased 3.7%; the second industry increased billion yuan, the percentage increased 11.9%; the third industry increased billion yuan, the percentage increased 9.5%. 60. Chengguan Town is a urban village of Fukang City, it is in the west of Fukang City and about 57 km away from Urumqi, and it is the only way to the Tianchi of Tianshan Mountain (the 5A scenic spot) about 46 km. The total cultivate land area is mu, per capita 2.8 mu. And the total population is people (13000 rural people), it has 9 ethnic groups such as Han, Hui, Kazak, Uygur and son on and it also has 22 administrative villages. 61. Huangyakeng village is located in the north rural area of Fukang City, the north of the village is Changbeiyuan, it is a typical rural village and it a population of 987 (171 households). Han. The village covers an area of 450 mu cultivated land and the per capita land is 3 mu. By 2015, per capita annual income achieved Yuan. 62. Tougong village is located in the north of Fukang City, and it is about 4 km to the downtown and it is a typical rural village, the main is Han. The village has a total of 973 people from 254 households, and covering an area of 4500 mu cultivated land, and per capita land for 3.8 mu; and the land is mainly plant tomato. By the end of 2015, per capita annual income achieved Yuan. 63. Yuergou village it is located in the north of the city about 2 km, it has a population of 2026 (587 households) including 1210 labor force, consisting of Han, Uygur, Hui, and other ethnic groups but the Hui accounted the most about 80%, it covering an area of mu cultivated land, and the per capita land reached 6.29 mu. 64. Banganliang village is located in the east of the city about 1 km, it is a Hui village, and has a population of 812 (237 households).3.1 mu. Their living depends on sold nursery and by 2015 per capita annual income is Yuan. 37

56 65. Ganhezi Town is located in the east of Fukang City about 32 km, the east of Tianshan Mountain, the north of Tianlong south Mountain, and the southern margin of Junggar Basin and about 3.7 km from the north to Tuwu highway, and the 303 road across through the town, the transportation is very convenient; and the total administrative area is 2.5 km 2. There are 6499 residents from 2415 households, including 4598 Han people, 1901 ethnic minorities (from 14 different groups) and 2146 floating people. There a 1 primary school, 2 kindergartens, 2 hospitals and 15 enterprises Socioeconomic Profile of Affected People 66. Socio-economic survey was carried out from June 12 to August The survey covered 100%, i.e., all 59 households affected by land acquisition and house demolition (Guangyuan Road, Ruiying Road, Ankang Road, and Boya Road) in Fukang City. On the herdsmen affected by the grassland acquisition which are in total of 202 households, because of their scattered residence, seasonal use and a very long distance from the city,, on this account, we picked out 18 grazing groups with 101 households as sample survey, the survey sample rate is 50%. Figure 3-1: Socioeconomic Questionnaire Survey on Affected People 38

57 3.2.1 Affected population 68. The demographic characteristics of the APs are shown in Table 3-1, LA affected 59 households with 248 people, and grassland acquisition affect people randomly selected 101 households with 559 people. 69. The demographic characteristics of the APs are shown in Table 3-1, including different gender, age, population composition, education and occupation. Among which, 412 are male, and 395 are female; and 161 is Han, 80 Hui, 7 Uyghur, and 559 Kazak. Table 3-1: Demographic Profile of Surveyed Households Type Men Women Total Qty. % Qty. % Qty. % Households 160 Average population 5.04 Age % % % % % % % % % % % % % % % % % % Subtotal % % % Ethnics Han % % % Uygur % % % Kazak % % % Hui % % % Subtotal % % % marital status Unmarried % % % Married % % % Divorce % % % Widowed % % % 39

58 Subtotal % % % Education level Preschool % % % Illiterate or semiliterate % % % Primary school % % % Junior high school % % % Senior high school or technical secondary school % % % Junior college or above % % % Subtotal % % % Occupation Planting % % % Animal Husbandry % % % Industry % % % Commerce % % % Service Industry % % % tourism % % % Sanitation % % % Transportation % % % Communication % % % Teacher % % % Office % % % Student % % % Doctor % % % Workers % % % Other % % % Preschool % % % Subtotal % % % Source: Socio-economic survey July 2016,Household sample: n=160 HHs,Population sample: n=807 Note: (1) the retirement age here refers to men over 65 and women over 60 years of age, so the labor force is the people under the retire age and over 16 years; (2) preschool children refer to children aged 6 to 0 years; (3) the rest of the occupation refers to the occupation and the non-working capacity of the elderly who are not involved in this table; (4) the analysis of this list includes only the affected population of the land requisition; (5) the proportion of males and females in the table is the proportion of the total population; (6) affected by grassland acquisition, parts of the herdsman also do some other works, such as business, tourism and so on. 40

59 3.2.2 Age 70. The age distribution reveals that age groups for both men and women accounts most for 33.58% of the total population; male for 16.73% and female for 16.85%; in addition, age groups also accounts for a high proportion about 28.75%, male for 14.87% and female for 13.88%; among the surveyed people age groups constitutes the main labor force accounts for 75.84%. 40% 35% 30% 25% Male Female Total 20% 15% 10% 5% 0% Figure 3-1: Age distribution of Affected People 71. Based on the survey, many male family members over 60 and female over 55 are still engaged in social work. However the definition of actual labor force should be defined in the section of 16 to 65 - year - old male and 16 to 60 years old female, who have stopped school education. According to this, the total number of labor force accounts for more than 75.84% of people surveyed Education 72. Among the APs, junior high school degree accounts for 38.91%; elementary school degree for 22.68%, high school / technical secondary school degree for 21.56%, and senior high school or even more higher education degree for 32.09%. From the figure we found that, the lower education degree (primary school) and the high education degree (junior college) people accounted a little proportion; and the junior high school people accounted for the most; at the same time, for APs with degree of secondary and higher education, the proportion of female slightly higher than that of male about 41

60 0.37%, while for junior college degree and above, male s is higher 1.24% than female s. These statistics show that female s education degree improved in the affected area, and it is need to be kept to pay more attention to female's rights in implementation of the project, as well as to employment skills training for female. 45% 40% 35% 30% Male Female 25% Total 20% 15% 10% 5% 0% Junior college or above Senior high school or technical secondary school Junior high school Primary school Illiterate or semiliterate Preschool Figure 3-2: Education Lever Distribution of Affected People Occupation 73. Among the survived labor force, there only 7.43% of them are planting, and 11.65% of them are migrant workers; this caused by the integration of urban and rural, the farmers are not confined to the agricultural work, they also play multiple roles such as work labor, business and others. The survey shows that, about 37.92% of them are engaged in animal husbandry; because of the ecological restoration project, the affected population is mainly the herdsmen, they are not only engaged in animal husbandry but also in other occupations; such as business and migrant workers and so on. About 4.34% of the people are engaged in tourism, 5.82% are doing business during slack season such as small restaurants, shops and so on); 3.84% working in service industry; among the survey people the students accounts for 3.84%. 42

61 Farming Animal Husbandry Industry 3.59% Commerce 0.74% 9.42% 11.65% 7.68% 7.43% 37.92% Service Industry tourism Sanitation Transportation Communication 1.12% 1.24% 1.36% 0.99% 4.34% 3.84% 5.82% 2.11% Teacher Office Student Doctor Workers 0.74% Other Preschool Figure 3-3: Occupation Distribution of Affected People Housing Conditions 74. The affected household has the largest house area of m 2, the minimum of m 2, and average house area is m 2, as presented in Table 3-2. Table 3-2: Housing Conditions of Affected Households Item Total HHs Min Max Average Standard Deviation Room Area (m 2 ) Source: Socio-economic survey, July Land Resources 75. The affected household has the largest farmland area of 31 mu, the minimum of 6.2 mu, and average farmland area is mu per household, the affected grazing group of largest grassland area of mu, the minimum of mu, and average grassland area is mu per grazing group as presented in Table

62 Table 3-3: Farmland Area of Affected Households Item Total Households Type Min (mu) Max (mu) Average cultivated land area per household (mu) LA 28 Own for each household Grassland 28 grazing groups Owned by grazing groups Source: Socio-economic survey, July Households Assets 76. All affected households have televisions, mobile phones, refrigerator; electric rice cooker and washing machine are more than 100% with average 1.15, 3.22, 1.23, 1.06, and 1.04 respectively. Motorcycle ownership is more than 80%, through the survey we found that the residents and herdsmen s life quality have improved, and not involved by the LA and HD; which, to some extent, reflects the inevitable requirement of modern life to families and individuals. Details of other family durable goods show in Table 3-4. Table 3-4: Selected Households Assets of Affected Households Item Household Possession rate Average qty. per household Average qty. per capita Air-condition % Bicycle % Electric cooker % Microwave oven % Washing machine % TV set % PC % Refrigerator % Tractor % Electric vehicle % Motorcycle % Cars % Fixed telephone % Cell phone % Electromagnetic oven % Source: Socio-economic survey, July

63 3.2.8 Income and Expenditure 77. Because of the influence of the integration of urban and rural, the APs income is not only confined to farming or agricultural production; a large amount of framers choose other occupations such as working as labor, business or open a restaurant. The main income is from working as labor and business, and the farming income accounts for only 11.98%.The average of the household income and expenditure per capita of the 59 HHs are shown in Table 3-5. Table 3-5: Economic Statistics of the Sample Per Capita in 2015 Unit:Yuan/Year/Person Type HHs Item Min Max Average Standard deviation Annual per capita income (yuan) Affect farmers 59 Annual per capita expenditure (yuan) Annual per capita income (yuan) Affect herdsmen 101 Annual per capita expenditure (yuan) Source: Socio-economic survey, July From Table 3-6, because of the influence of grassland acquisition (shelter forest project), the herdsmen are not only engaged in animal husbandry but also in business and work labor and tourism, while the road construction influenced by the integration of urban and rural, the income of farmers not only confined in planting, but also in business and migrant workers, among which, the husbandry income of herdsmen accounting for 33.39%, the business income accounting for 11.18% and the wage income accounting for 9.25%, the tourism income accounting for 20.17%; and the farmers in project area, the migrant work income accounting for 28.71%, the business income accounting for 21.59%, the wage income accounting for 9.41%, and the tourism income accounting for 9.20%. From the whole income we found that the income structure of herdsmen also shows diversification, there is no big difference in the whole family income. 45

64 Table 3-6: Average Household Income Sources of Affected Households in 2015 Unit:Yuan/year/HH Items Farmin g Industr y Livestoc k Raising Work labor Busines s Touris m House rent Wage Other Total APs Proportio n 11.98% 8.58% 1.35% 28.71% 21.59% 9.20% 2.49% 9.41% 6.67% % Herdsme n Proportio n 0.00% 6.19% 33.39% 13.38% 11.18% 20.17% 0.36% 9.25% 6.07% % Source: Socio-economic survey, July According to the survey, most of the farmers in project area are engaged in other industries such as work labor, private business and so on. Table 3-7 showed the composition of average household expenses of the AHs. The survey show that the expenses on living accounted for 27.67%, the following are expenses on social relationship and business, at the same time, the expenses of herdsmen are the same with the whole situation, the main expenses is living expense, and the following are business and husbandry, the proportion are accounted for 17.60%, 13.01%, and 20.43%, respectively. See in Table 3-7. Table 3-7: Average Household Expenditure Pattern of Affected Households in 2015 Total household Herdsmen households Item Average Average household Proportion Proportion household (Yuan) (Yuan) Water expenses % % Electricity expenses % % living expenses % % Heating expenses % % Clothing expenses % % Investment in agriculture % % Business expenses % % Rent expenses % % Educational expenses % % 46

65 Medical expenses Traffic expenses % % % % Communication % % expenses Social activity expenses % % Other % % Total % % Source: Socio-economic survey, July Gender Analysis Gender Differences in Education 80. It is shown that 39.26% affected family members received junior high school education, female accounting for 18.16% and male for 21.10%; 21.35% affected family members received primary school education, the proportion of female has junior college or senior high school education is higher 0.26% than the male; and the proportion of male has college degree or above higher education is higher 1.23% than female. It is showed that the education degree of female still need to be improved. See in Figure % 40% 35% 30% 25% 20% 15% 10% 5% 0% Male Female Total Junior college or above Senior high school or technical secondary school Junior high school Primary school Illiterate or semiliterate Preschool Figure 3-4: Education Level Difference between Men and Women Gender Difference in Occupation and Income 81. It is shown that the proportion of women dealing with business, service industry and short-term labor, and tourism are slightly lower than those of men. In most pastoral households, people mainly culture, usually men work elsewhere and women in the home. But now women are not only confined in the home, they also go out to do other works such as embroidery at home, sale dairy products and 47

66 other occupations, and most of them choose the private business such as small restaurant thus led to the employment of women. Besides, the women are not only confined to housework, most of them are doing all kinds of works like men, but mainly in service industry. The women become more and more independent and have more and more influence in family affairs determination and economic income. 40% Total 35% 30% Male 25% Female 20% 15% 10% 5% 0% Figure 3-5: Occupation Difference between Men and Women 82. In order to better identify the income level of the affected male and female laborers, 30 AHs were sampled randomly during the survey. The result showed that the average of annual income of male laborers was yuan, while it was yuan for female laborers. It is explained that men work outside for non-farm activities longer than women, while female engaged in agricultural production activities, service industry, and short-time work at home more than men. Table 3-8: Income Difference of Male and Female Laborers in 2015 Item Sample Min Max Average Male annual income per capita (yuan) Female annual income per capita (yuan) Source: Socio-economic survey, July Standard deviation In the annual income interval of below yuan, men s average income differs slightly from that of women. In the annual income interval of yuan, men s average income is much higher than that of women. It is because male laborers mostly deal with business or high-pay jobs and earn more income, while women mostly do housework at home, and have less time and chances to

67 earn more money. In a word, the income of women goes to a trend of improve Male Income Female Income Figure 3-6: Income Difference of Male and Female 84. Figure 3-6 showed the proportion of women s income in household total income among 30 sampling households with female labor (doing farm work mainly, and some dealing with services). The average women s income is accounted for 15%-75% of total household income, averaging 44.54%. This shows that women s economic status is improving. Therefore, great attention should be paid to the protection of women s rights during project implementation. Table 3-9: Construction of Women s Income to Household in 2015 Item Sample Min Max Average Standard deviation Proportion of women s income in household Source: Socio-economic survey, July Summary % 75.00% 44.54% The impact areas of the project are mainly in urban-village, the farmers are not only planting because most of their land are rent out to get rent money, they mainly do other works such as work labor, doing private business, opening small restaurant; and the affected herdsmen are not only confined in breeding but other works such as work labor, tourism restaurant, sale dairy products and so on to increase the family income. 86. More and more women begin to earn income, and have a greater voice on important household 49

68 matters, such as children s education and housing purchase. They also assume the responsibility of taking care of children and doing housework. Women would take part in social activities like men do in leisure time in order to maintain family income, their position in family life and agricultural production is also indispensable. Women as one of the family economic source began to have more decision-making power in the family, and the role of men and women tended to be more equal. 87. According to the survey, women s concerns about resettlement are essentially the same as those of men: (i) Compensation for houses should be available timely, and the location of resettlement housing and resettlement program should be rational. (ii) Resettlement housing should be located beside roads for the convenience of going to work, doing business and going to school. (iii) The living environment for resettlement housing should be better so that they can adapt to urban life more conveniently. (iv) Jobs generated by the project should be provided to women so that they participate in the project. (v) To the herdsmen, they hope the compensation could give to them on time and reasonable based on the related documents and policies of nation and Xinjiang Uygur Autonomous Region. Hoping to get training on livestock rising and epidemic prevention. 50

69 4. Legal Framework and Policies 4.1. Laws Regulations and Policies Applicable to Resettlement 88. The resettlement policies of the project have been developed in accordance with the laws and regulations of the PRC, and ADB s policies, including: ADB policies: Safeguard Policy Statement (2009), Safeguard Requirement 2: Involuntary Resettlement Gender and Resettlement Analysis(2006) Laws and regulations of the PRC Land Administration Law of the PRC (effective from January 1, 1999, amended on August 28, 2004) Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28) (effective from October 21, 2004) Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238) (effective from November 3, 2004) Property Law of the PRC (Decree No.62 of the PRC, effective from October 1, 2007) houses on state-owned land" (Issued by People's Republic of China State Council No. 590, effective from January 21, 2011) Note of " The levy assessment approach for the houses on state-owned land ", CB[2011] No. 77 The PRC Law of Grassland (effective from 1 October 1985, and amended on 28 December 2002 The requisition and occupation of grassland on the examination, approval and administration policy (People's Republic of China Ministry of agriculture, 58th), effective from March 1, 2006 Policies of XUAR Measures of XUAR for the Implementation of the Land Administration Law of the PRC (XUAR People s Congress [1999] No.913, effective from October 1, 1999) Notice on the Uniform AAOV Rates for Land Acquisition of XUAR (XPPH [2001] No.500] of the XUAR Development Planning Commission and Department of Finance Reply on the Uniform AAOV Rates for Land Acquisition of XUAR (XG [2010] No.323) Notice on the Implementation of the Reply of the XUAR Government on Approving the Uniform AAOV Rates for Land Acquisition (XFR [2011] No.161) 51

70 Notice on Implementation of Autonomous Unified Annual Output Value Standard " (new MLR [2011] No. 19) Xinjiang Uygur Autonomous Region to implement "state-owned land on the housing levy and Compensation Ordinance " approach ( Xinjiang Uygur Autonomous Region People's Government Order No. 187 Principles on the agreed to adjust the compensation and resettlement of the standard reply of the Prairie (letter of the new deal (2010), No.91) Xinjiang Uyghur autonomous region, the implementation of the People's Republic of China Law on grassland conditions (effective from September 1, 1989, amended on December 11, 1997) On adjusting the grasslands of the compensation and resettlement fees: notice of a new development charges (2010) No Notice of the grassland vegetation recovery fees and related matters (new development charges [2014] No.1679) Notice of Amendment "Fukang City land-loss farmers employment training and social life insurance implementation approach" (Fukang government [2013] No.59) 4.2. ADB s Policy Requirement on Involuntary Resettlement 89. The objectives of ADB's Involuntary Resettlement Policy are (i) If possible, involuntary resettlement should be avoided; (ii) If resettlement is unavoidable, all feasible options should be explored and the scope of resettlement should be as small as possible; (iii) Ensure that the displaced persons have the same economic and social conditions before and after the project; and (iv) Improve the living standard of displaced poor and other vulnerable groups Involuntary resettlement is an important part of the project design and resettlement plans. Planning and implementation should take into account the following basic principles: (1) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. (2) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernmental organizations. Inform displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups. Support the social and cultural institutions of displaced persons and assist the local population in the resettlement area (3) Improve or at least remain, the livelihoods of all displaced persons through (i) land-based 52

71 resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. (4) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. (5) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (6) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (7) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. (8) Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (9) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. (10) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of the project s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. (11) Pay compensation and provide other resettlement entitlements before physical or economic relocation. Implement the resettlement plan under close supervision throughout project implementation. 53

72 (12) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports Differences between ADB and PRC Policies 91. Generally speaking, there are many similarities between the ADB s involuntary resettlement policies and the PRC s LAR policies, which include: Both of them address importance to avoid or reduce resettlement impacts during the planning and design stage of a project; Both of them address importance of the restoration and improvement of the livelihood of APs; Both of them address importance of the openness and transparency of the resettlement policies; Both of them address importance of the participation and awareness of the public during resettlement; Both of them require that the formulation and implementation of the resettlement compensation standard must be in accordance with relevant national laws, regulations and policies. 92. However, there are still some differences in some aspects between ABD s involuntary resettlement policies and the PRC s LAR policies, which include: ADB addresses more importance of the planning prior to the implementation of resettlement, and it requires that a feasible RP to be prepared in accordance with ADB s involuntary resettlement policies; The ADB s resettlement policies ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets at replacement costs. However, the LAR policies of the PRC provide a different compensation policy to unlicensed structures; ADB has specific and clear requirements on public participation and public opinion polls surveys, such as consultation and information on compensation standards must be published; ADB policy requires that the compensation should be sufficient to any losses and restore long-term revenue potential. Chinese standards are based on the average annual output value. ADB addresses more importance of the special care extended to the vulnerable people during resettlement; and 54

73 ADB addresses more importance of monitoring and evaluation during and after resettlement implementation. 93. Based on the above analysis, during preparation for the LAR, this project have taken full account of the relevant policies of ADB and the following measures: The preparation of the Project and RP must be based on concrete social economic survey, physical impact survey, detail social analysis; Special cares must be given to vulnerable people including poor, women, during preparation and implementation of the LAR; Make compensation at replacement value to buildings without titles to land constructed before the cut-off date; After compensation to the AP(s) for land loss, the further technical training, public employment, job support should be provided to APs to restore their sustainable livelihoods; Publish the RP and resettlement information booklet (RIB) in accordance with requirements of ADB; and Establish internal and external monitoring systems for the LAR and conduct monitoring and evaluation during and after implementation of the RP. 94. With the above measures, the ADB s resettlement policies and the PRC s LAR policy gaps will be bridged and the smooth implementation of the LAR will be guaranteed Eligibility and Beneficiaries 95. The cut-off date for eligibility for the compensation the time when the Project is officially announced to the affected villages. Announcement can be through distribution of resettlement information booklet or posting notices in the village community boards. It is expected that the public announcement will be carried out on or before 15 February Any newly claimed land, newly built house or settlement in the project area by the APs after this date will not be entitled to the compensation or subsidization Compensation Rates Compensation Rates for State-owned Land 96. The project is of construction of public utilities, so the state-owned farm land and unused land will be allocated by transferring land use right after payment for relevant fees, based on the document of Development and Planning Commission of XUAR, Ministry of Finance [new pricing room (2001) 500]. For the state-owned unused land and farm land should pay for new construction use fee (16 yuan/m 2 ). The state-owned unused land will be allocated by transferring land use right after payment for relevant fees, according to the document of Development and Planning Commission of XUAR, Ministry of Finance [new pricing room (2001) No.500], paying 55

74 leasing fees at a rate of CNY10-20/m 2 (inside the build-up area is CNY20/m 2, outside the build-up area is CNY10/m 2 ). The Subproject will involve acquisition of state-owned land in the built-up area of Fukang city, and the compensation rate is CNY20/m Compensation Rate for State-owned Residential Land 97. For state-owned of public institution land and state-owned residential land, according to the regional level of land use right type, land use and the use of life purpose, reference Fukang City land standard (2015) to compensate, as shown in Table 4-1. Table 4-1: Standards of Benchmark Land Price in Fukang City Unit: Yuan/m 2 Level Commercial Land Residential Land Industrial Land Grade I Grade II Grade III Grade IV Source: Fukang Land and Resource Bureau Compensation Standards for Cultivated Land 98. According to the Reply on the Uniform AAOV Rates for Land Acquisition of XUAR (XG [2010] No.323) and the Implementation of Autonomous Public Notice on Unified Annual Output Value Standard (XL&R issued [2011] No.19, compensation is paid, and the compensation standards for cultivated land are showed in Table 4-2. Table 4-2: Unified Annual Output Values of Cultivated Land Degree Grade I cultivated land Grade II cultivated land Grade III cultivated land Annual Output Value (CNY/mu) Note 1, This table standard applies to arable cultivation of food crops. 2. The annual output value of cultivate land planted specialty crops, vegetable, orchard cultivate land should be higher than the first-class standard table; cotton fields should be paid at maximum of 1.5 times; orchard may not exceed two times; vegetable may not exceed three times; grapes ground shall not exceed 4 times. Other crops actual annual output estimates Source: Fukang Land and Resource Bureau Table 4-3: Times of Basic Compensation Rates Per capita cultivated land (mu) Times of unified annual output values Above 3.0 mu

75 Less than 1.0 mu 30 times the sum of land compensation and resettlement subsidy Source: Fukang Land and Resource Bureau Note: the compensation after times of the sum of land compensation and resettlement subsidies must beyond 20 times of the compensation standard. It is generally 8 times for land compensation. 99. According to the survey, the land acquisition compensation standard of XUAR is based on the Unified Annual Output Value, land location factors, social economic conditions, and the income of the farmers, to promise that the living condition of the farmers will not be decreased because of the LA, and guarantee their long term livelihood: the LA compensation Unified Annual Output Value base is: class 1 cultivate land 1200 yuan/mu, class yuan/mu, class yuan/mu, because of the development and the update of the crops and the improvement of planting, the LA compensation Unified Annual Output Value has been improved by the XUAR government in 2010 (Table 4-2). The Unified Annual Output Value is based on the annual output and market price of the main crops under the main cropping system, Annual Output Value = Average annual crop yield the price of the crops, therefore it is also the replacement cost. Through the survey, Unified Annual Output Value of Fukang is 1000 yuan/mu, but in accordance with the benefits of the farmers and according to the document of Agreement on Approving the annual output value of the land requisition of XUAR (New Deal Letter No. [2010]323), the annual output value base is compensated as 1500 yuan/mu; the cultivate land compensation is yuan/mu (do not included the young crops compensation), it is about 25 times of the income of the annual output value. Second round of collective land contract for a period of 30 years, it starts from 1998 and end in 2028, there are still 12 years of use rights. From the survey we found that Annual Output Value of the crop is 1000 yuan/mu, then 12 years is yuan/mu; while the annual output value of compensation is 1500 yuan/mu, the compensation ratio is 25 times, it is in total of yuan/mu, that is to say, the compensation price is higher than the Output value of remaining land (12 years). Both the collective cultivate land and state-owned cultivate land are adapted to the document of Agreement on Approving the annual output value of the land requisition of XUAR (New Deal Letter No. [2010]323) and the Implementation of Autonomous Public Notice on Unified Annual Output Value Standard (XL&R issued [2011] No.19) For the collective land acquisition of Banganliang village, Fukang Land Bureau division criterion in accordance with the type of crops, cultivated land quality grade and in accordance with the Implementation of Autonomous Public Notice on Unified Annual Output Value Standard (XL&R issued [2011] No.19). The land grade compensation base is calculated according to the land grade and the variety of the planting crops, and the resettlement compensation will be decided according to the quantity of the cultivated land per capita; during the preparation of the RP, the 57

76 Fukang PMO, Land and Resource Bureau consulting with the Banganliang village, finally it determined that the land compensation will be paid in 10 times of the compensation base, and the resettlement compensation will be paid in 20 times of compensation base. The detailed compensation standard sees in Table 4-4. Land type Table 4-4: Compensation Standards of State-owned Cultivated Land Land compensation Resettlement subsidy Cultivated land 1, = CNY15,000/mu 1, = CNY30,000/mu Source: Fukang Land and Resource Bureau Compensation standard (CNY/mu) Young corps Compensation will be paid according to species and diameters of the crops Total 45, Compensations for young crops: (i) general farm young crops compensation will be paid according to the crops on ground, if no crops on ground, it will not be compensated. The compensation will be paid according to species and diameters of trees of nursery; and (ii) ground attachments will be compensated in accordance with the actual input costs Resettlement Subsidy for Land-Loss Farmers in Banganliang Village (Boya Road), Fukang City. In consideration of the benefits of the farmers of Banganliang, especially those who have less per capita arable land; through several times of consultation and discussions between the Land Resources Bureau and the Fukang PMO, it was decided that the LRB will provide a one-time endowment insurance subsidy of yuan/mu directly to the land loss farmers for the endowment insurance to make sure that the farmers can get a longterm basic life support. The detailed information of endowment insurance subsidy can be seen in section All the land compensation, resettlement subsidy, young crop compensation and attachments compensation will be paid to the affected population directly, in accordance with Article 26 of the "Regulations for the Implementation of Land Administration Law"-The land compensation paid to the rural collective economic organizations", and later all the villagers will have meetings to discuss how to use the compensation. All the compensation for occupied various collective land and uncontracted land of collective village will be paid to the village collective directly. The village uses the compensation fees to construct the basic infrastructures, through the consulting with the villager representatives, because the land belonging to the whole village, so the compensation will be paid directly to the village; but in consideration of the farmers benefits the village committee will leave 8000 yuan/mu land compensation fee, and use it to improve the infrastructures of the village like dig wells and given tap water and so on, and give the rest of 7000 yuan/mu to the affected farmers directly; and the resettlement compensation, young crops compensation and endowment insurance subsidy will be paid directly to the affected farmers.. 58

77 Compensation Standards for Grassland 104. As for grassland compensation standard, the project involved grassland belong to Class 2 Grade 2 grassland, and not involved the cultivate land occupation, according to Xinjiang Uygur Autonomous Region Development and Reform Commission, Ministry of Finance issued [2010] 2679 document Notice on Adjusting Charge Standard of Compensation and Resettlement Fees in Grassland, a new charge standard will be implemented based on it Compensation standard in grassland shall be 4-10 times of average annual output value of three years of the grassland prior to the requisition; as for resettlement subsidy standard, shall be 4 times of average annual output value of three years of the grassland prior to the requisition, and shall not exceed 15 times of that to the maximum. Abovementioned grassland compensation fee and resettlement fees shall not exceed 30 times of the average annual output value three years of the grassland prior to the requisition For the temporary occupation of grassland, including dredging, mining, gold mining, geology exploration and the install of the network and so on. It shall pay the temporary compensation for use the grassland, the compensation standard based on the grassland compensation base. Units and individuals to acquire or dig grassland medicinal plants or grassland economic plants, according to 5% to 10% of the purchase price of the year to pay the grassland medicinal (economic) plant resources compensation Administration departments in Xinjiang Uygur Autonomous Region, along with departments in charge of price and finance issue, should further improve periodic evaluation and adjustment mechanism on grassland value, to regularly assess the value of grassland and determine the compensation base of grassland. The mechanism shall be promulgated and implemented after getting the approval from government of Xinjiang Uygur Autonomous Region The charging unit should handle < Charging license> change procedures timely at the Department in charge of prices, and use the financial bills that are uniformly printed by the financial department, consciously accept the supervision and inspection of the herdsmen and price department, financial department and other departments The implementations of this inform will start from the following time. If the original documents the <notice on grassland supervision fees> (XinJiaFeiZi 1999 and No. 3) of the Autonomous Regional Price Bureau and Finance Department and the document <Notice of the supplementary provisions on the standards for fees for grassland supervision fees> (XinFaGaiJiaFei [2005] No. 1138) of Autonomous Region Development and Reform Commission and Finance Department are inconsistent with this inform, then please based on this inform Requisition standard of all the grassland in this project will be in accordance with [2010] 59

78 2679 document Notice on Adjusting Charge Standard of Compensation and Resettlement Fees in Grassland To the permanent occupied grassland, according to the Xinjiang Uygur Autonomous Region Development and Reform Commission, Department of Finance issued < about to adjust the grassland compensation and resettlement fees notice >, the PMO and grassland supervision station consult with the affected people, grassland compensation will be in accordance with 10 times the compensation, the project involved grassland are belong to Class 2 Grade 2 grassland the compensation fee is 148 yuan/mu 10 times = 1480 yuan/mu, resettlement subsidy standard, shall be 6 times of average annual output value of three years of the grassland prior to the requisition, that is 888 yuan/mu, the compensation base will be calculated in accordance with the level of grassland; according to the policy the grassland compensation fee will be payed to the grassland supervision station and then pay to the county finance, as the cost to restore the grassland, the project office to take into account the herdsmen's vital interests, the resettlement subsidies distributed to all affected herders. The detailed see in Table 4-5 and A variety of grassland types in Xinjiang, according to the grassland vegetation type, four types can be divided, they are (1) steppe, (2) desert, and (3) meadow and (4) swamp respectively. After survey and interview from the related departments we learn that all of the grassland in this subproject belongs to desert grassland. The output of grass is related with type of grassland. The output of grass is limited by the geographical location and precipitation. According to the survey, the actual output of fresh grass is 50kg/mu/year for the class 2 grade 2, and equivalent the hay for 50kg/mu/year, the current market price is 1.5yuan/kg, after calculating we can see that the annual output value per mu of desert grassland is 23yuan/mu/year; due to Xinjiang located in arid and semi-arid area, and uneven distribution of rainfall and grazing overload, resulting in the grassland degradation, the annual output of grass decreased year by year. To enhance the protection of grassland, and rational use of grassland, to safeguard the vital interest of herdsmen, Xinjiang Uygur Autonomous Region Development and Reform Commission, Ministry of Finance issued [2010] 2679 document Notice on Adjusting Charge Standard of Compensation and Resettlement Fees in Grassland, a new charge standard will be implemented based on it. The grassland compensation standard and resettlement subsidy standard was adjusted in the new grassland document, the details see table 4-5. Compensation standard in grassland shall be 4-10 times of average annual output value of three years of the grassland prior to the requisition; as for resettlement subsidy standard, shall be 4 times of average annual output value of three years of the grassland prior to the requisition, and shall not exceed 15 times of that to the maximum. Abovementioned grassland compensation fee and resettlement fees shall not exceed 30 times of the average annual output value three years of the grassland prior to the requisition. 60

79 113. After survey and study of the livestock department, grassland for class2 grade 2, the actual annual output value is 23yuan/mu/year, however, in the subproject, the compensation standard is 148yuan/mu, with 16 times, the total compensation amount is 2368yuan/mu, it can be seen that the compensation standard is 103 times higher than the actual annual output value. In addition, the grassland compensation is 1480yuan/mu which is 64 times higher than the actual output value; the resettlement subsidy is 888yuan/mu, which is 39 times higher than actual output value. As a whole, the compensation standard in this subproject is much higher than the actual annual output value. All the grassland compensation is applies for the document on adjusting the grasslands of the compensation and resettlement fees: notice of a new development charges "2010", No Grade Base amount Level Table 4-5: Calculation base table for compensation of forage grass I Excellent/good II Medium Unit: yuan/mu III Inferior Data Source: Fukang Grassland Supervision Station (2016) Land type Table 4-6: Compensation Standards of Grassland Grassland compensation Compensation standard (CNY/mu) Resettlement subsidy Total Grade Cultivated = CNY1480/mu 148 6= CNY888/mu 2368 land Source: Fukang Grassland Supervision Station (2016) Compensation Standard for Collective Homestead Land Class 2, grade For permanent acquisition of collective homestead, the compensation standard for Grade IV Level is higher than the Grade IV Level for State-Owned Residential Land (see Table 4-1), the detailed compensation standards for collective homestead land are shown in Table 4-7. Table 4-7: Compensation Standard For Collective Homestead Land Unit Compensation standards yuan/ m2 Ankang road Guangyuan road Ruiying road Grade IV Yuan/m Compensation Standard for Residential House Demolition 115. HD compensation will be in accordance with the Acquisition and Compensation Ordinance for Houses on State-owned Land promulgated by Xinjiang Uygur Autonomous Region People's 61

80 Government on January 1, Full consultation with APs will be conducted and the real estate market price fluctuation of the houses will be considered. The final compensation price will be determined according to results of a housing real estate appraisal and survey company after the on-site assessment. The HD compensation includes not only compensation for housing structure but also the collective homestead land compensation. Specific compensation standards are shown in Table The HD compensation price in Fukang City will be determined by the results of a housing real estate appraisal and survey company after the on-site assessment, and the evaluation price may change in accordance with the market price and the location index, therefore the Homestead compensation price in Ankang road, Guangyuan road are a little higher than that in Ruiying road. The detailed see in Table A one time moving subsidy at CNY1000 per household will be provided, The temporary transitional subsidy at CNY1000/month/household will also be provided. The actual number of months for the transitional subsidy will be determined based on actual situation. Table 4-8: Compensation Standard of Residential House Demolition Structure Unit Compensation standards yuan/ m2 Ankang road Guangyuan road Ruiying road Masonry concrete yuan/m Masonry timber yuan/m Earth timber yuan/m Masonry earth timber yuan/m Simple shed yuan/m Other subsidy Moving Subsidy yuan/hh Temporary transitional subsidy yuan/mont h 1000 Source: Fukang City House Demolition Management Office Calculated in 18 months temporarily, the subsidies will be paid one time, according to the actual situation According to the survey among the building materials market and manpower market in the first half of 2016 of Fukang City, the cost price to construct a contractor masonry concrete house is yuan /m 2, the masonry timber house is yuan/m 2, the earth timber house is yuan/m 2 ; that is to say the compensation standard of the subproject is higher than replacement cost Compensation Standard for Home-commercial shop 119. The construction of Ruiying road will involve 1 home-commercial shop demolition with an area of m2, and has included in HD affected people. The affected people change the 62

81 residential house along the street into shops, to sold daily living goods, and the annual income is about yuan. According to the relevant policy, the compensation fee will be paid as the residential house compensation standard. But in accordance with the interests of the affected people and through several times of discussion, it will be paid as 3318 yuan/mu, which is higher than the residential house in Ruiying road, the detailed information see in Table 4-9. Table 4-9: Compensation Standard of Residential Home-Commercial Demolition Compensation Structure Unit Remark standards yuan Masonry concrete yuan/m Other subsidy Moving Subsidy yuan/hh Temporary Calculated in 18 months yuan/month 1000 transitional subsidy Source: Fukang City House Demolition Management Office 120. The resettlements of the Home-commercial shop will in accordance with the location, traffic situation, monthly turnover, shop area and structure to consulting with the affected people, it can exchange a same area business shop along the street or choose the cash compensation According to the survey, the shop located in the rural area, the highest income is about 1000 yuan/month and also 700 yuan to 800 yuan/month too. And the age of shop owner is over 70 years old, opening the shop is not very convenient for him, he used to decide to close the shop; they choose the cash compensation, if the house demolished; they want to use the compensation fee to buy a new house in the city to spend the rest days of their life Compensation Rates for Attachments 122. Compensation standards of attachments and special facilities affected by the subproject are shown in Table Table 4-10: Compensation Rates for Attachment and Facilities Item Compensation standards yuan Total Nature Brick toilet Individual Methane tank Individual soil vegetable cellar Individual brick vegetable cellar Individual Well Individual Barbed Individual Pine 90 1 Individual Chinese wolfberry 60 1 Individual Landscape seedling Individual Grapes Individual Ulmus 5cm 20 4 Individual 63

82 ulmus laevis Poplar tree Apple tree Peach tree Fruit tree Apricot 5cm Individual Hawthorn Tree 15cm Individual 5cm 20 5 Individual 10cm 25 2 Individual 20cm 35 2 Individual 15cm Individual 35cm-45cm 55 2 Individual 5cm Individual 10cm Individual 15cm Individual 5cm 45 1 Individual 5-10cm 60 1 Individual 10-15cm Individual 15-20cm Individual <5cm Individual 5cm Individual 10cm Individual 15cm Individual White wax 5cm Individual Plum tree Jujube tree Elaeagnus angustifolia tree Elm 5-10cm Individual 10-15cm Individual 15-30cm Individual 5cm Individual 10cm Individual 5cm 55 3 Individual 75 1 Individual 25cm Individual <5cm 2 12 Individual 5-10cm Individual Individual 10-15cm Individual 15-20cm Individual 20-25cm Individual 25-30cm Individual 30-35cm Individual 35-40cm 55 5 Individual 45-50cm 65 4 Individual >50cm 85 2 Individual Source From Fukang City House Demolition Office in July Entitlement Matrix 64

83 Table 4-11: Entitlement Matrix Type of Impact Scope APs Entitlements Compensation Policy and Rates Impact Permanent Acquisition of Collective Land mu of cultivated land (nursery land), affect 28 households 113 people, including 10 households 48 ethnic minorities in Banganliang village affect 28 households 113 people, including 10 households 48 ethnic minorities in Banganliang village (i) the affected village will receive 8000 yuan/mu land compensation, the use of the compensation will be determined by the whole village. (ii) the farmers will receive 7000 yuan/mu land of compensation, and 100% of resettlement subsidy and young crops compensation. (iii) For the landloss farmers in Banganliang Village (Boya Road, Fukang City) will receive a one-time yuan/mu endowment insurance subsidy directly from the LRB (iv) land-loss farmers can participate voluntarily in the endowment insurance; (v) during project Refer to Table 4-2, 4-3 and 4-4 construction, the PMO will provide unskilled job priority to APs, so that the APs will generate cash income; and (vi) the PMO will provide technical training for APs, inviting the technical staffs from agricultural sector and the labor and social security bureau to carry out trainings on farming and non-agricultural production, and make sure all APs received the training at least 2 times.. Measures to restore the livelihood of APs include: (i) APs livelihoods will be restored to pre-project levels through cash compensation and land rights exchange; (ii) land-loss 65

84 Type of Impact Scope APs Entitlements Compensation Policy and Rates Impact farmers can participate in social insurance (and Government to provide subsidy), to maintain their income level; (iii) adjusting the agricultural structure, via the guidance and technical training from government, to expand the acreage of cash crops, and (iv) during the construction of the project, it will be given priority to the affected people to participate in the project services to increase their income. The ecological restoration project will acquire 8958 mu Class 2 Grade 2 Rights: 1 the affected grassland supervision grassland and affect 28 station will receive the grassland grazing groups in 202 affected 19 compensation while the resettlement subsidy households with 1138 grazing groups will be paid to the affected herdsmen; people, all these people Impacts of with 842 people 2 get husbandry training from husbandry are Kazak; including S303 Grassland from 144 department, at least 2 time per household shelter forest project Land households in Measures to restore the livelihood of APs affecting 3311 mu Class Occupation Baiyanghe village include: (i) with the help of cash 2 Grade 2 spring (Ecological affected 9 grazing compensation, APs can by trucks to use or grassland in Baiyanghe restoration groups with 296 rent out; (ii) landloss herdsmen can village, affected 19 project) people from 58 participate in endowment insurance (iii) The grazing groups with 842 households in use of compensation to expand the scale of people from 144 Sigong village herds (iv) and participate in training to households; south improve the level of herdsmen breeding, mountain area shelter increase economic income forest will acquire 5647 mu Class 2 Grade 2 autumn grassland in Refer to Table4-5 and

85 Type Impact of Impact Scope APs Entitlements Compensation Policy and Rates Sigong village, affected 9 grazing groups with 296 people from 58 households and all these people are Kazak. Impacts of House Demolition 31 households with 135 members (including 7 households with 39 minority people) are affected by the project. The demolished house are mainly the bungalow in the village, the structures are mainly brick-concrete, brick-wood, earth-wood, brick-earth timber, simple shed and son on. The house demolition area is m 2 of rural resident house including m 2 brick- concert, m 2 brick-wood, m 2 earth-wood, in Fukang City, affect 31 households with 135 people (7 households 39 minorities) including 19 households with 90 people in Yuergou village and 12 households with 45 people in Tougong village. (i) to assess the price to obtain housing at replacement value compensation including house structure compensation, and the compensation of state-owned residential land and homestead; (ii) voluntarily choose resettlement methods, including monetary compensation, property right exchange, after Refer to Table4-7 and 4-8 the cash compensation to buy a business shop or second hand shop; (iii) choose the independent third evaluation company agreed by both the PMO and the affected people; (iv)to get moving subsidies, temporary transition costs, relocation incentives. 67

86 Type Impact of Impact Scope APs Entitlements Compensation Policy and Rates and m 2 brick-earth timber. Impact of small shops The project will affect 1 small shop with an area of m 2. the affected people has included in the population to be demolished without further calculation. the population to be demolished without further calculation. (i) to assess the price to obtain housing at replacement value compensation; including the compensation to the house structure, state-owned residential land, and homestead (ii) voluntarily choose resettlement methods, including monetary compensation, property right exchange, allocation of land on their own construction, buying cottage; (iii) the Aps and PMO choose an independent third company agreed by both of them; (iv) to get moving subsidies, temporary transition costs, relocation incentives and turnover loss. Refer to Table 4-9 LA affects 10 households 48 Affected Ethnic Minorities there are 29 households with 1225 people people and HD affect 7 households 39 people; and the grassland acquisition affect 202 households 1138 people. Besides the rights above, ethnic minority people (i) will have priority in choose of floor, apartment pattern and location of resettlement houses; (ii) will be provided job priority during project construction; (iv) will be in priority to get the training. Same as above Besides the rights in first column, the affected female people (i) will have priority access to Women 395 people 395 project non-technical jobs employment; (ii) will enjoy the labor and training priorities; (iii) ensure that the resettlement process access to relevant information and be able to Same as above 68

87 Type Impact of Impact Scope APs Entitlements Compensation Policy and Rates participate in consultation related to LAR issues. Public Facilities and trees Property owners (i) Ground attachment (power poles and fruit Ground Attachment s and Public Facilities trees) compensation will be paid to the owner; and (ii) the compensation will be determined according to the replacement cost and See table 4-10 restoration shall be in accordance with the original scale and standards. 69

88 5. Resettlement Measures 5.1. Objectives of Resettlement 123. The objectives of the project resettlement is to restore the AHs annual net income per capita to the pre-resettlement level and further improved with local economic development Principles for Resettlement Recovery Plan 124. According to the applicable laws and regulations of the PRC and ADB s Policy on Involuntary Resettlement, the following basic principles will apply to the resettlement work of the Project: (1) Implement resettlement and the applicable compensation policies properly to improve or at least restore the production level and standard of living of the affected residents; (2) The affected people shall be fully consulted for resettlement programs; (3) The planning layout shall be determined on the principle of facilitating production and life ; and (4) Resettlement shall be combined with the local urban development, resources development, economic development and environmental protection programs. Feasible measures shall be designed to restore and improve the displaced persons production level and standard of living, and create necessary conditions for their self-development Subproject Benefits 125. The subproject aimed to improve the living condition and the quality of infrastructure service of urban and rural area of Changji. The subproject will help to (i) improve the infrastructure service of urban area; (ii) construction or repair the road facilities of urban and rural area; (iii) capacity construction: (a) equipped the technical and vocational education and training facilities; (b) develop the subproject management of implementing agency and subproject implementation units. The subproject will make the affect people get benefits from all aspects, including: (i) the construction of the road will convenient their travel and living condition; (ii) the construction of urban public facilities will guarantee the capacity of water supply, heating supply, and gas supply. (iii) decrease the incidence of environmental related diseases; (iv) get more training opportunities; (v)the construction of the subproject will use the local resource and increase the employment opportunities and the income and living condition Recovery Plan for Acquisition of Collective Cultivated Land 126. The land acquisition of the subproject for the road construction is linear, most of the affected people only loss a little part of their land; therefore, the land acquisition has few Impact on their production. Table 2-3 indicates that among the 28 affected households, the minimum land loss rate is 70

89 3.65% and the maximum is 16.72% and the total land loss rate is 7.33%. According to the present average annual output value and the acquired land area we could get the annual loss, net income formula for planting crops: v i g p - f i i i v net income/mu g i per mu yield pi market price f i the total investment of the crops); For example if the farmer planting corns, through the survey we found that the yield is 900 kg/mu. The market price is1.75 yuan/kg, the total planting investment is 575 yuan/mu, therefore the net income is ((900kg 1.75yuan/kg) -575yuan/mu) =1000yuan/mu; The ratio of the land compensation to income loss is 135 times; if not included the land compensation, then the loss will be 120 times. See in Table 5-1. Village Banganliang Village Affected HH ( i Table 5-1: Comparison of Income loss and compensation fee Land loss area (mu) A. Income loss (CNY10,00 0 / year) Type Cultivate d land (nursery land) Remark: Income loss is CNY1,000/mu of planting net income B. Land compensation fee (CNY10,000/year) Land Resettlement Young crops Compensatio n fee Compensatio n fee Compensatio n fee According to the survey to 28 households affected people, the cash compensation is what they want and they also required that the compensation should be paid on time. And the compensation will be used in business, planting or skill training and so on In order to improve or restore their original production, living and income levels as soon as possible, in addition to pay the land compensation to the AHs, the PMO also developed a restoration plan on the basis of full consultation for the APs and in accordance with the status of the AHs. 1 APs livelihoolds will be restored pre-project levesl through cash compensation and land rights exchange. With the improvement of urban functions and the increase of urban scale, Fukang City's commercial and service industry has also been fast developed, and more and more people have engaged in these sectors. So the AHs can use cash compensation for commercial and service industry investment. For example: with the increase of urban area, Tianchi 5A scenic spot and the improvement of road conditions, the demand for taxi is continually increased, and the affected villagers can use the compensation money to buy a car as taxi. They can also improve the income by renting the commercial houses with the cash compensation or engage in commercial activities, such as running a department store, or running a restaurant According the survey, the subproject will permanently acquire mu cultivate land of the contracted farmers; it has affected 28 households; and the average land acquisition is 1.08 Total B/A

90 mu/household, according to the compensation standard yuan/mu, per household will receive yuan; and the subsidy of endowment insurance yuan/mu, per household will receive yuan, in total of yuan; through the survey we found that the net income of the land is 1000 yuan/mu, the land compensation and endowment insurance subsidy in total of yuan/mu, so the compensation is 80 times of the net income. The affected people can use the compensation to engaged in the activities of Table 5-2, the land compensation can be used as start funds, and then, the affected people will recover the cost in 2 years, and after 2 years will be long-term benefited. Detailed see in Table 5-2. Table 5-2 Restoration plan of APs Item Initial fund Benefit Remark Responsible agency Invested business Transportation Department store Restaurant yuan (Equivalent to 1 mu of land compensation) yuan (Equivalent to 0.4 mu of land compensation) yuan (Equivalent to 0.4 mu of land compensation) Annual income achieved yuan, it can recover the cost in 2 years, during the tourist season and harvest season daily income achieved yuan. Annual income achieved yuan, it can recover the cost in 2 years, Annual income achieved yuan, it can recover the cost in 2 years, Fukang is a tourist city, and close to Tianchi, the transportation and environment are good and it has a little number of taxi, thus it is very suitable for transportation, the reward is high and quick. Driving skills should be training, and the PMO can help them to contact the driving school according to their willingness, but they should pay their own way. The APs choose this plan need to use the money from land compensation to rent the house along the street, and the opening of the store only need one person; and the PMO can help to finish the coordination of the relevant procedures. Operating in general ethnic catering, to meet the needs of the residents living nearby. Fukang is a tourist city; during the tourist season daily income achieved yuan. Labor and social security department is responsible for training and employment guidance; and the PMO is responsible for the coordination of the relevant procedures. (2) Transfer land and get rental to promote income. According to the survey, there are 2800 mu cultivated land in Banganliang village, and in which 1300 mu have transferred to individuals or enterprise in 2012, and mainly plant nursery stock and 72

91 other crops; the transfer rent is yuan/mu/year; and by this way, the income of the farmer mainly from 2 parts, the rent income and incomes from doing other works. (3) Commercial shops along the street to operate business The construction of Boya road will bring a large advantage to Banganliang village, it not only improve the road condition but also close the distance to the downtown, with the continuous development of Fukang City the location advantage of Banganliang village will become more and more obvious. According to the future development trend of Banganliang village, in agriculture aspect still use the original land transfer mode and plant efficient crops to improve the family income; in addition, when the construction finished, the village collective plans to use part of the collective land to build commercial shops, and it will be invested by village collective; when the construction of commercial shops finished, farmers could rent the shops to own business, such as vegetables, nursery, sales of poultry and food and beverage service; the rental of the shops will be charged refer to surrounding village, and the local farmers can get account. The use of the rental will be decided by the farmers conferences, and mainly used to the promotion and construction of the infrastructures. (4) Village collective funds to build a business garden, rent and get dividend The HD affected the Tougong village, Huangyakeng village, Yuergou village in Fukang City, according to the social survey, because of the general development plan of Fukang City in 2012, Tougong village, Huangyakeng village and Yuergou village are involved the LA, the village use the compensation funds to build a business park near by the Kangning road, the park including 2 buildings combined with business, entertainments, restaurants, and office. The park is close to the economic and cultural center of Fukang City, and the park will be managed by the village, all the buildings in the park will be rented out in the future, the rent money will be divided to the villagers in the end of the year. Besides the business park, there is a commercial shop with 3 floors located in the south of Kangning road, at present it has put into use, parts of the shops have been exchange to the farmers, and the farmers running it by their own; the rest of the shops have been rented to the businessmen, the rent money is yuan/year, the money will be divided to the farmers in the end of the year. 73

92 r Figure 5-1: Business Park Building (5) Participation in the land-losing farmers social pension insurance: 130. According to the implementation of the social pension insurance system for urban and rural residents in Autonomous Region, the Fukang government decided that the land-loss farmers will be included in the scope of social pension insurance, the social pension insurance fund consisted by three parts (individuals, collective subsidies, government subsidies) APs entitled to participate in the social insurance: are : age of 16 and upwards (not including students), and the staff of non-state organizations or public institution who are not included in the range could participate in the insurance in the place of domicile.. The APs who are eligible or who expressed to join voluntarily will be determined during resettlement implementation. Affected landloss farmers who are already 60 years old and above, and have not benefited from any Government pension do not have to pay any contribution. They will already be entitled to receive pension every month Individual Contribution and Subsidies (1) Individual contribution The people included in the scope of social pension insurance need to pay the insurance fees. At present the standards of insurance fee are including 14 grades: grade 1, 100 yuan, grade 74

93 2, 200 yuan, grade 3, 300 yuan, grade 4, 400 yuan, grade 5, 500 yuan, grade 6, 600 yuan, grade 7, 700 yuan, grade 8, 800 yuan, grade 9, 900 yuan, grade 10, 1000 yuan, grade 11, 1500 yuan, grade 12, 2000 yuan, grade 13, 2500 yuan, grade 14, 3000 yuan each year, the insured person can choose different grades according to their family income, the insurance must be paid every year and if they paid more they will get more in the future. (2) Collective subsidies The qualified village collective should subsidies parts of the insurance fee for the insured villages, the standards of subsidies are decided by the villagers democratic conference, and encourage qualified community included in the scope of community public welfare fund. (3) Government subsidies People's governments at all levels to provide subsidies to the insured person, the subsidy standard not less than 50 yuan per person per year, the required funds are paid by the financial burden at all levels. In the area of financial difficulties, to given the subsidies according to current financial system of the autonomous region. According to local conditions the subsidy standard can be increased appropriately, the required funds are bearded by their own. Encourage the people choosing degree 2 or above (more than 100 yuan), and when the grade improved the insured person can get at least 5 yuan increase per year, and the money needed are payed by the local County Finance. Intermittent payment period can-not get the government subsidies. The severe disabled people and other poor groups can choose the payment grade by their own, and the people's government of City or county (city, district) helps them to pay the minimum standard of the insurance The individuals included in social pension insurance system for urban and rural residents over 60 years old and paid the insurance more than 15 years (including 15 years), and never receive the provisions of the basic pension benefits of the country, can receive the social pension insurance system for urban and rural residents monthly The standards of personal account pension for the month: total personal account money/139 (the same as the current worker s insurance pension plan). If the insured person dead, personal account funds can be inherited according to law Treatment calculation method: Monthly pension income = personal pension accounts (individuals total amount + government subsidies + interest) basic pension (115 yuan) For example: a farmer handed insurance pension at age of 40, and handed it for 15 years; if the basis is 100 yuan/year, then after he retired, he will get 131yuan/month, yuan/year; if the basis is 200 yuan/year, he will get 143 yuan/month, yuan/year; if the basis is 300 yuan/year, he will get 154 yuan/month, yuan/year; if the basis is 400 yuan/year, he will get

94 yuan/month, yuan/year; if the basis is 500 yuan/year, he will get 177 yuan/month, yuan/year; the higher of the basis will get the more pension. Detailed see in Table 5-3. Table 5-3 Calculation method of rural pension Basis (yuan/year) Payment period year Government subsidy (yuan/year) Interests from bank Basic annuity (fixed) Pension Coefficient (fixed) Pension can get in a month yuan/month Pension can get in a year yuan/year Source: Social Security Bureau of Fukang City For landloss farmers who are more than 45 years of age, they can still participate and can pay lumpsum payment to allow immediate provision of benefits. For example, if a 55 year old landloss farmer opt to participate, he will pay a lumpsum payment (15 years) and he will start getting pension when he turns 60 years old. See Column 6 below showing the lumpsum payment based on individual contribution. Table Individua l contributi on(yuan/ year) Govern ment subsidy( yuan/ye ar) Perio d yea r Personal account 15years (Individual contribution+ Government subsidy) x 15 years Bank intere st (15 years) Total personal account 15years (Individual contribution+ Government subsidy) x 15 years+bank interest Basi c ann uity (fixe d) Pensi on coeffic ient (fixed) Final amount of pension the farmers will get (yuan/month) Final amount of pension the farmers will get(yuan/yea r)

95 Individua l contributi on(yuan/ year) Govern ment subsidy( yuan/ye ar) Perio d yea r Personal account 15years (Individual contribution+ Government subsidy) x 15 years Bank intere st (15 years) Total personal account 15years (Individual contribution+ Government subsidy) x 15 years+bank interest Basi c ann uity (fixe d) Pensi on coeffic ient (fixed) Final amount of pension the farmers will get (yuan/month) Final amount of pension the farmers will get(yuan/yea r) Review of Restoration of Grassland Acquisition 137. The pasture occupation is mainly caused by ecological restoration project, which affected 3 villages (Baiyanghe village, Huangshan village, Sigong village) and affected 28 grazing groups with 1138 people from 202 households. According to the survey, the distribution of the grassland is based on grazing groups, the distribution of a grazing group is based on households, which is several households or dozens of households can be distributed to grassland. The grassland is given to grazing groups according to the area of grassland, and it will not distribute to each household. And it distributed to each group based on the area of land acquisition, and then the group distributes the land to each household According to the survey, among the affected herdsmen, each group or household have much grassland, they are spring, summer, autumn and winter grassland mu grassland are owned by 28 grazing groups, and per household owns mu; about the loss rate, the total loss rate of 28 grazing groups is 0.95%, the minimum loss rate is 0.04%, and the maximum loss rate is 6.09%, the average loss rate is 0.5%; for the Kazak who are engaged in grazing, they own large grassland in Xinjiang. According to the data supplied the county stockbreeding authority, the stock capacity per unit of productivity of the Altay region (an indicator of productivity of pasture land, usually meaning the amount of livestock that can be herded in a unit area of pasture land) is 1.76 ha/head of sheep, namely 26.4 mu of pasture land/head of sheep; head of sheep will be herded on one mu of pasture land acquired. It can be seen that pasture land acquisition will have little impact on herdsmen According to the interview of the affected herdsmen, they showed their approval to the project, all of them are tend to cash compensation, and the compensation can be issued in time. Since just few area of pasture land will be collected, there s little impact on herdsmen. Part of the herdsmen hopes to use the compensation to buy a truck, because it is very inconvenient for them to transfer to another place; and they can also rent the truck to other herdsmen to improve income; and some herdsmen plan to promote their income by buying fine breed to continue to develop livestock husbandry. The rest herdsmen plan to use the compensation to let their children choose a better school and receive better education Throughout the production restoration process, the PMO will organize the APs for free technical 77

96 training, such as some economic crops planting and farming as well as some other types of industries Meanwhile, during the project construction process, the IA will take some helps and supports and restoration measures for resettlement, including: (1) for example: Construction contractor provides the needed numbers and the working types before starting construction to local government and to discuss the training programs, so that more APs can benefit from it. According to the opinions survey, 94% of the APs want to participate in their slack time to this project. After Fukang City road construction completed, the road area, and green area will be increased, and the road maintenance equipment are improved, which requires more road maintenance workers, and green area management workers, lighting conservation and management of workers, equipment and vehicle drivers. According to the procurement of project construction content and devices, according to preliminary estimates the project implementation and operation period will create 740 jobs, the project is expected to generate jobs as shown in Table 5-4. Table 5-4: The Number of Jobs to Be Generated from the Project Position Tempora ry jobs Item Type Technical Non-techni cal Road compone nt Fukang City Sub-component (Including Ganhezi Town) Water supply compone nt Water drainage compone nt Heating compone nt Traini ng Centre Ganhezi road constructi on Shelt er forest proje ct Subtot al Sub-total Technical Perman ent jobs Non-techni cal Sub-total Total Source: feasibility report prepared unit (1) Throughout the production restoration process, all the APs will be organized to take technical training. such as some economic crops, to invite the technical staffs from agricultural sector and the labor and social security departments to train the affected people on farming technical and other aspects. Each affected household can receive at least twice training on farming and non-agricultural production training, through these measures to improve skills to increase income of affected persons to restore the livelihoods. 78

97 5.6. Resettlement Program for HD Households Resettlement program for rural households 142. The households affected by HD may choose cash compensation or property right exchange (through house evaluation, moving subsidy, transfer subsidy, land compensation and so on), and the evaluation company should the independent third party and be approved by both affected people and PMO. They may choose a resettlement option based on affordability and individualized needs. During RP preparation, the households were consulted on their options Of the 31 households affected by HD, only 7 households have chosen the property right exchange. Their current houses are mostly in earth timber and masonry timber structures, and out of repair, without central heating, water supply and drainage systems. Their surrounding environment and roads are poor, making traffic inconvenient. They will be eligible for improved housing with similar floor space. If the affected people choose property exchange, property registration and property certificates of the exchanged house are responded by HD office, and when it completed distributed to the affected people The other 24 households have chosen cash compensation, because they mostly have already purchased commercial housing in Fukang City, so they will use compensation for other investments A real estate appraisal agency (the company should be an independent third party and be approved by both affected people and PMO) will appraise a house based on location, house structure, construction size, floor and decoration, and by reference to market price. The cash compensation will be fully paid at one time after signing the contract. After getting cash compensation, AHs can purchase commercial houses or buy a second house, according to the survey, the bungalow with an area of 250 to 300 m 2, the transaction price is between yuan to yuan (unit price is 1100yuan/m 2 )or do investment according to their individualized needs. (a) Cash Compensation 146. If AHs opt to purchase commercial houses or buy a business shops or a new house, an example is provided below Case: For example, for a household with 4 persons, if their house size in masonry concrete structure is m 2, and the open area in yard is m 2, this household will receive the following compensation: (i) compensation for houses of the main residential house area yuan (3120 yuan/m 2 ); (ii) compensation for state-owned open land (residential land): yuan (400 yuan/m 2 ); and (iii) attachments compensation: yuan; (iv) moving subsidy: 1,000 yuan, totaling yuan. Based on real estate prices of Fukang City in the first half of 2016 (see table 5-5), the average price of new commercial houses of multi-storied buildings is CNY2450/m 2. With the compensation, each AH may purchase a 110 m 2 house in 3 floor with three bedrooms, two living 79

98 rooms in CNY 369,600, and has a remaining sum of CNY382,400, of which CNY100,000 can be used for remodeling, and others may be used for other investments. (b) Property Right Exchange 148. The compensation price for demolished houses will be determined based on independent third party house appraisal by a real estate appraisal and survey company on-site, according to the evaluate to the specific location, construction structure, construction area, and decorate and the market price by the evaluation company, before the evaluated market price determined, the evaluation company need to take care the opinions of the affect people, if the affected people allowed to exchange, according to the evaluation price and plus moving subsidy, temporary transition allowance, and land compensation fees, etc. The compensation prices for demolished houses will be compared with the resettlement house prices. If the compensation prices are higher than the resettlement house prices, the IA will pay the difference to APs in cash. Otherwise, APs will pay the difference to the IA for the resettlement houses. APs can select different floors of resettlement houses (apartment) and different types of houses. The floor prices are different see in Table According to the survey, the average living area is m 2, according to 1:1.0 property exchange proportion; the affected people can exchange 2 sets of buildings with an area of 120 m 2, and they do not need to pay any fees; If the compensation prices are higher than the resettlement house prices, the IA will pay the difference to APs in cash. Otherwise, APs will pay the difference to IA for the resettlement houses. APs can select different floors of resettlement houses (apartment) and different types of houses. For APs who are identified as poor households and they cannot afford to pay the difference between the assessed value of their affected houses and the cost of the new property, they will be offered to a resettlement house with an area of 70 m 2 and they do not need to pay for the difference 150. The property right exchange proportions are as following: the masonry concrete structure poverty exchange proportion is 1:1.0; the masonry timber structure poverty exchange proportion is 1:0.9; the earth timber structure poverty exchange proportion is 1:0.8; 151. Case: For example, for a household with 4 persons, if the total demolition area is m 2, in which the size in masonry concrete structure is m 2, and the size in masonry timber structure is m 2, and m 2 opening area in the yard; the house can receive cash compensation about yuan plus with the moving subsidy, transition subsidy, and attachments compensation fees. And if this household selects property right exchange, it will exchange its house for a m 2 apartment at the ratio of 1:0.9 of m 2 acquired house in masonry timber structure. And the rest m 2 masonry concrete structure can get house demolition compensation, plus with the opening land compensation, moving subsidy, transition subsidy, and attachment compensation fee, it has a 80

99 total of yuan, using yuan for remodeling, and the rest yuan can be used to improve the AH s living standards. Table 5-5: Commercial house price of Fukang City in 2016 Floor multi-storied Unit Price First floor 3060yuan/m 2 Second floor 3300yuan/ m 2 Third floor 3360yuan/ m 2 Fourth floor 3180yuan/ m 2 Fifth floor 2790yuan/ m 2 Sixth floor 2550yuan/ m 2 Floor high storied Unit Price Floor high storied Unit Price Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor yuan/ m 2 Floor 18 Data Source: Provided by Fukang Housing Levy Office (2016) Resettlement Housing Options 152. According to the survey, the PMO of Fukang city will provide a variety of units, and more than one area for the residents to choose, the main resettlement community are Kangning Xiyuan community and Fugang Luyuan community which have been completed in 2016 and ready for occupancy The determination of the resettlement community is based on the consulting between the PMO and affect people, all of these resettlement communities are around the demolished area, it is about 2 km away from the demolished house; therefore through the discussion and consulting they choose Kangning Xiyuan and Fugang Luyuan as resettlement communities All the resettlement communities and relevant information have been posted in the hall of land acquisition office, the information including the source of resettlement, area, floor, and the introduction of relevant supporting facilities, to make people learn more about the resettlement communities and the condition of resettlement house Through the survey we found that, all of the 2 provided resettlement communities are around the HD area, therefore the social economy and cultural composition are the same with their original 81

100 living area, there is no social economy and cultural difference exists, the affected people will adapt to the new life as community residents. During RP updating, the housing options offered to them will ensure that it is culturally appropriate and that the consultation process will properly document that the APs are amenable to move to one of these communities Kangning Xiyuan Community Introduction this community is located on the west of Yingbing Road and on the north of Kangning Road, and have a construction area of m 2, including 734 sets of residential households. The community is delivered in August The community has 0.25 ha green area, 332 parking space including 69 ground parking space and 263 under-ground parking space. The community is constructed in strict conformity with the Building Code for urban residential district planning and design, and has such public facilities as nursery, kindergarten, primary school, health center, cultural activity station, savings office, postal office, community service center, property management and commercial services; it is about 1 km from this community to the First middle school and 400 m to People's Hospital of Fukang City.. There are 3 room layouts: (i) two bedrooms and one living room, (ii) two bedrooms and two living rooms, and (iii) three bedrooms and two living rooms. 7 housing sizes are available m 2, m 2, m 2, m 2, 93 m 2, m 2, m 2, and m 2. Figure 5-2: Layout Plan of the Kangning Xiyuan Resettlement Community 82

101 Figure 5-3: Layout of Kangning Xiyuan Resettlement Community Figure 5-4: Current situation map of Kangning Xiyuan Resettlement Community 157. Fugang Luyuan Resettlement Community Introduction: the community is in the north of Fukang City, with an area of m 2, there are 276 buildings including 1588 households, and there are 46 sets of community buildings and 12 sets have been finished, it will delivered in September The residential house green area ratio is 36.2%, and the commercial green area ratio is 23.0%, the community belong to newly build community, and constructed in strict conformity with the Building Code for urban residential district planning and design, and has such public facilities as nursery, kindergarten, primary school, health center, cultural activity station, savings office, postal office, community service center, property management and commercial services. It is about 1 km from the community to the No.1 middle school, and 1.5 km to the People s hospital, the transportation 83

102 is very convenient. There are 3 room layouts: (i) two bedrooms and one living room, (ii) two bedrooms and two living rooms, and (iii) three bedrooms and two living rooms. 8 housing sizes are available m 2, m 2, m 2, m 2, m 2, m 2, m 2, and m 2. Figure 5-5: Current situation map of Kugang Luyuan Resettlement Community Resettlement and restoration plans of Home-commercial shop 158. Two resettlement types of home-commercial shops: (1).cash compensation, (2). Property right exchange. After get the cash compensation, Aps can choose different types of resettlement according to their own economic conditions and demands. (a). Cash compensation 159. A house will be appraised by an agency which is an independent third party and be approved by both affected people and PMO, based on location, house structure, construction size, floor and decoration, and by reference to market price; the cash compensation would be fully paid at one time after sign the contract. After getting cash compensation. AHs can purchase commercial houses, buy a second house or a flat in surrounding area, or do investment according to their individualized needs. (b). Property right exchange of family shop 160. The compensation price for demolished houses will be determined based on independent third 84

103 party house appraisal by a real estate appraisal and survey company on-site, and plus moving subsidy, temporary transition allowance, and land compensation fees, etc. The compensation prices for demolished houses will be compared with the resettlement house prices. If the compensation prices are higher than the resettlement house prices, the IA will pay the difference to APs in cash. Otherwise, APs will pay the difference to the IA for the resettlement houses The compensation price for demolished houses will be determined based on independent third party house appraisal by a real estate appraisal and survey company on-site, according to the evaluate to the specific location, construction structure, construction area, and decorate and the market price by the evaluation company, before the evaluated market price determined, the evaluation company need to take care the opinions of the affect people, if the affected people allowed to exchange, according to the exchange proportion 1:1 to exchange; if the exchanged house area is larger than the demolition area, then paid the cash for the rest area at the market price of the exchanged house, to the other attachments will be compensated in accordance with the evaluated price. The location of the shops determined by the way of people who moving first, then he can choose the house first. The exchanged house is located in the Kangning Xiyuan community and Fugang Luyuan community According to the survey, the affected shop located in the rural area, the income is about 700 to 1000 yuan/month. And the age of shop owner is over 70 years old, opening the shop is not very convenient for him, and he decided to close the shop after a period of time; they tend to choose the cash compensation if the house is going to be demolished; they want to use the compensation fee to buy a new house in the city to spend the rest days of their life. During the next round fo consultations,, the Project will ensure that the shop owner is informed in advance of relocation, to offer early and clearly available relocation options, i.e. if cash compensation or property exchange to allow the shop-owner to have an informed decision if they wish to continue doing business or stop as earlier expressed. In the event that they wish to continue and re-establish their shop in the new location, they will be provided sufficient time to move and re-establish their business before being allowed to close and demolish their structures Training 163. In addition to cash compensation to the APs, the subproject will offer technical training to affected people and village governments to educate them about maximizing compensation payments though long-term investment strategies. It will also combine with the vocational education program of Fukang, and formulate the special training program, mainly to provide skills training opportunities for the farmers who are affected by land acquisition and house demolition. In order to follow out the spirit of document on implementing the new concept of development of comprehensive well-off society goal 85

104 of speeding up agricultural modernization opinions from State Council. To strengthen and expand new subjects of agricultural management oriented, and rely on primary industries, insisted on the requirement of invigorate agriculture by relying on science and education; attract more talents to strengthen the Chinese agriculture field. To provide strong support for modern agriculture, a professional farmer team needs to be established, and combine the local industry and rural characteristics to carry out free training program. According to different training types, government subsidies will be provided, the standard is CNY250 3,000/person. In this subproject there are 525 person-times will be trained in total, and at least two person-times of each AH will be trained. 30% of person-times of training will be provided to women. See Table In order to improve the living and income condition of the affect people as soon as possible, through fully consulting, the PMO not only provide the LA compensation measures, but also prepare the living and production restoring plan in accordance with what they need and the actual condition of the affect people, and also discussed with the affect people about the suggestions and opinions of training, for example: (1) APs livelihoods will be restored pre-project levels through cash compensation and land rights (2) The APs will be organized to take technical training. such as some economic crops, to invite the technical staffs from agricultural sector and the labor and social security departments to train the affected people on farming technical and other aspects. Each affected household can receive at least twice training on farming and non-agricultural production training, through these measures to improve skills to increase income of affected persons to restore the livelihoods.. (1)Scope of training: According to the industry and market demands of Fukang City and surrounding areas, vocational skills training will be conducted with focus on crop cultivation, livestock breeding and service such as repair, electric welding, tailoring, etc. Table 5-6 Arrangements for Training Expected training No Type of training Target groups costs (10,000 yuan) Person-times Female Time 1 Farming technique AHs 2 Breeding training Herdsman 3 Business training AHs 4 Skill training: AHs

105 No Type of training Target groups Expected training costs (10,000 yuan) Person-times Female Time machine repair, Electric, welding, Tailoring, cooking 5 Total (2) Forms of training: The forms of training include vocational skills training, single-skill training and on-the-job training, in which vocational skills training will be conducted by training institutions and employers under the leadership of the department in charge of labor and social security, with focus on farming, stockbreeding and crop cultivation skills. (3) Organizational structure: Fukang City government has established the Project Leading Group, and the training working team will be affiliated to the PMO, which will be located at the Fukang City Labor and Social Security Bureau. (4) Funding: The training budget of the project is yuan. The training budget include organizational, teaching material, printing, examination and practice costs, and trainer remuneration, which will be paid by the training working team of the project Protection of Women s Rights 165. The project affect in total of 395 women. Women will participate fully in resettlement activities through information disclosure and village meeting, and enjoy the same rights as men in compensation, employment and training. In addition, the following measures will be taken to help women restore income: At the construction stage, it should be ensured that a certain number (at least 30%) of women receive unskilled jobs generated by the Subproject, and women and men will receive equal pay for equal work; Skills training, including training on stockbreeding and crop cultivation, will be first made available to affected female laborers so that their economic status is not reduced; At the operation stage, cleaning, landscaping and environmental sanitation jobs will be offered to affected women to ensure their income restoration; and Affected women will receive relevant information, and participate in public consultation and resettlement. Affected women will receive relevant information, and participate in public consultation and 87

106 both resettlement. The compensation agreements must be signed by both spouses Ethnic Minority Development 166. A separate Ethnic Minority Development Plan has been prepared. The population affected by HD includes 219 minority households with 1225 persons, including 7 households with 39 people (mainly Hui people) are affected by HD; and 212 households with 1186 people are affected by LA (there are 10 households with 48 people, mainly Hui people, the acquisition of grassland affected 202 households with 1138 people, mainly are Kazak). Through the survey, the minorities live together with the local other groups, the subproject will involve the HD of minority people, but the HD will not separate the minority groups and the subproject will not Impact their rights of land access and use of resource; therefore affected minority people in the subproject enjoy the local social status, and their economic status is consistent with the Han, and retains their national characteristics in the habits and religion. The minority population will enjoy the same rights to compensation for LA, HD and resettlement as the Han population, and have priority in employment and training, overall there is no different between Han and minorities. In addition, the RP / EMDP will support social and cultural institutions of displaced persons and host populations, the subproject provides an assessment on the changes in community composition in the host settlement areas might create additional strain on cultural institutions (such as mosques). It was identified that mosques are located nearby the resettlement sites, where is convenient for the ethnic minorities to do worship. If additional strains will be identified during the implementation stage, the subproject will further consider appropriate mitigation measures. A separate Ethnic Minority Development Plan (EMDP) has been developed to promote the development of ethnic minorities Restoration of Infrastructure and Ground Attachments 167. Affected infrastructure and ground attachments will be restored by proprietors after receiving compensation from the owner of the project. Restoration measures must be planned in advance, and suited to practical conditions, so as to be safe, efficient, timely and accurate, with minimum adverse impact on nearby residents. 88

107 6. Public Participation and Grievance Redress 168. According to relevant policies and regulations of the PRC, regional and municipal on LAR, it is very necessary to conduct public consultation and encourage active participation of APs in project preparation and implementation stages in order to protect the lawful rights and interests of the APs, reduce grievances and disputes, and realize the resettlement objectives properly. Consultation has been fully highlighted during preparing RP, and organizing implementation Consultation at Preparation Stage Completed Public Participation Activities 169. As to all significant topics for discussion involved in the planning stage of resettlement, the PMO has organized meetings and discussions of design institute (DI), consultant agency, local communities and APs to disclose information and conduct public consultation in various ways from June 2016 to August Including: (i) Design optimization discussion in order to minimize land acquisition and resettlement impacts; (ii) Impact survey based on the FSR to get detailed information on population, houses, land, special facilities, APs, shops and enterprises in the project area; (iii) Consultation with managers of affected villages, to get the socio-economic background of them and discuss the LA options and the compensation standards with the villagers; and (iv) Organizing the representative meeting to discuss the LAR plan as well as the compensation standard, the female, the aged people and children included in the representative groups.; 89

108 Figure 6-1: Public Participation (v) Fukang PMO along with RP preparation agency makes a further discussion with affected representatives on draft RP and information disclosure The public participation and consultation provided a basis for the improvement of the RP. During consultation, Uygur or Kazak language translator is arranged for the ethnic groups who can t speak Han language These meetings and surveys played an important role in developing rational compensation rates, restoration programs and training programs. It has been found that the AHs main concerns are: (i) Since the LA area is not large, the LA will have little impact of their income condition. They only concern whether the compensation can be paid timely and whether crop cultivation training and livestock breeding technical training can be conducted. (ii) During the survey and consulting, affected people were asked if they would prefer getting access to additional farming land instead of cash compensation for their loss, but voted in favor of cash compensation. As for house demolition, the APs first concern was the compensation standards, then was the resettlement sites, and finally was life issues during the transition period. (iii) The house demolition prospect: the APs first concern is the compensation standards, then is the resettlement sites, and finally is life issues during the transition period. (iv) For the removal from the demolished cottage to the building are acceptable, that is regarded as an opportunity to improve their living conditions. (v) Women believe that after relocated to the building, the heating problem in winter has been resolved, which can reduce the pressure on women's labor and the heating costs. (vi) Due to the construction of the road, inconvenience to daily travel would be problems, the construction process may cause noise, dust, construction waste; and have to take measures to deal with or mitigate pollutions. (vii) The road construction period and dates should be published promptly to inform the residents living nearby, let them know the inconvenience in advance. 90

109 172. Based on the above discussions, the PMO: (viii) Has developed land acquisition compensation standards, and will inform to the APs in advance. After the agreement is signed, the land compensation will be paid timely. (ix) Discussed with Fukang City People's Government about APs most concerned issues, such as the resettlement work, and discussed with the labor and social security bureau about the relevant training issues for AHs. (x) Discussed a satisfied resettlement plan for the APs with Fukang house demolition department and resettlement house construction units. On the one hand, the house demolition department will further explain the policies on house demolition and compensation standards to the affected households, on the other hand, resettlement house construction units should regularly announce the resettlement house construction situation to the affected households. Life issues during the transition period for affected households concern, resettlement housing construction is urged to be completed as soon as possible, and transition costs should be given to the affected families, to give some help for vulnerable groups to ensure they can go smoothly with the transition period. Some important issues during the project preparation consultation/meeting are listed in Table 6-1. Figure 6-2: Public Participation Activities during Project Preparation Stage Table 6-1: Public Participation Activities during Project Preparation Stage 91

110 Location Date Participants Tougong village, Huangyakeng village, Banganliang village committee, Sangonghe village, 2016, APs, PMO, community officials, DI, RP preparation agency # of persons/fe male 120/65 Key Topics Introducing the background and purpose of the project how to minimize the cultivated LA and HD impacts Tougong village, Huangyakeng village, Banganliang village committee, Sangonghe village, Tougong village, Huangyakeng village, Banganliang village committee, Sangonghe village, 2016, , PMO 2016, 8.22 PMO 2016,8.23 APs, PMO, community officials, DI, RP preparation agency and L&R Bureau, and LA department APs, PMO, community officials, RP preparation agency and LA department and L&R Bureau APs, PMO, RP preparation agency APs, PMO, community officials, RP preparation agency, L&R Bureau, and LA department 105/50 105/55 40/25 80/35 proposed compensation rates; revenue sources of the affected villagers construction progress location of resettlement site The needs of trainings; income restoration measures design for resettlement houses; construction progress; discuss the draft report on resettlement discuss future counseling plans future information disclosure plan Opinion Survey Results 173. The respondents include the 59 households affected by LA and 202 households affected by grassland acquisition, because the herdsmen are live in remote area we only choose 101 of them to make the survey. The survey showed that most of them know that the project is about to be constructed and support for it, and most of them thought the road condition and lacking of facilities has badly impacted their life % thought this would improve their transportation environment, and 24.54% thought it would improve their working environment, 16.17% thought it would generate more job opportunities; 91.78% are aware or somewhat aware of the compensation and resettlement policies for LA and HD; 95.18% would file an appeal when their lawful rights and interests are infringed on during resettlement. See Table

111 No Question Do you know that the project is about to be constructed? Do you support the project? Which benefits will the road construction have? How do current road conditions affect your lives and work? What benefits will the project have for you? What adverse impacts will the project have on you? Are you aware of the compensation and resettlement policies for LA and HD? Will you file an appeal when your lawful rights and interests are infringed on during resettlement? Table 6-2: Public Opinion Survey Results Option 1 Option 2 Option 3 Option 4 Option 5 Option 1 Result (%) Option 2 Yes Yes Improve traffic conditions residents travel to promote urban development None Improving living environment No adverse impact Yes Yes Result (%) Not quite clear 4.01 No Improving living environment Not serious Improving working environment Affecting traffic safety Somewhat Don t know Option 3 Unclear Don t care No benefit Serious Result (%) Generating job opportunities Potentially leading to property losses No Option 4 Very serious Improving mental and physical health Reducing income due to LA Result (%) Option 5 Result (%) Other adverse impacts 93

112 6.2. Public Participation and Consultation Plan 174. This Resettlement Plan (RP) is prepared based on the Feasibility Study Report (FSR) and the socio-economic survey data of the subproject. The RP shall be updated according to the detail measurement survey and census data of affected persons based on detailed design of the subproject; the updated RP shall be submitted to ADB for review and approved by ADB concurrence prior to start of LAR activities During the implementation of the subproject, the PMO, women's Federation, community committee staffs will establish a cooperation mechanism, through held forum among women and other ways to learn about their demands, hopes at different stage of the subproject. During the whole progress of the subproject, the subproject implementation agency invited the women's Federation staffs to join in With the progress of project preparation and implementation, Fukang City PMO, affected village committee, and communities will conduct further public participation, including the LA compensation standard, and the scope of training for the APs, disclosing construction issues, soliciting comments and expectations from the APs during implementation, disclosing the compensation rates and appeal channel, etc., and learning RP implementation progress and the APs livelihood restoration. See Table 6-3. Table 6-3: Public Participation Plan Purpose Mode Time Agencies Participants Topic Feasibility Study Disclosure of the RIB Distribution PMO All APs Disclosure of RP on ADB Website Preliminary Design According to the preliminary design verification detailed survey (DMS) Update the RP according to the modified data ADB website Bulletin board, village meeting Updating the data of the RP Resettlement office, affected villages, communities and individuals Resettlement office, and consulting experts All APs All APs Disclosure of compensation rates, and appeal channel, To conduct the measurement and assessment Update the RP and submit to ADB

113 Purpose Mode Time Agencies Participants Topic Disclosure of the Updated RP LA announcement Announcement of compensation program for LA ADB website ADB Bulletin board, village meeting Bulletin board, village meeting PMO and L&R Bureau, LA department and officers of affected Villages/ Community PMO and L&R Bureau, LA department and officers of affected Villages/Community All APs All APs Disclosure of LA area, compensation rates and LA schedule Compensation fees and mode of payment Determination of compensation plan Notification of compensation amounts and date of payment Skill training arrangement Relocation Planning and Implementation Resident meeting Resident meeting Resident meeting Resident meeting Monitoring for APs Family survey PMO and L&R Bureau, LA department and officers of affected Villages/Community PMO and L&R Bureau, LA department and officers of affected Villages/Community PMO and L&R Bureau, Community/Village Committees PMO, Construction Bureau, Transportation Bureau and Community/Village Committees PMO and L&R Bureau, LA department and officers of affected Villages/Communities All APs All APs Affected Labors Persons affected by house demolition Random sampling of the affected people Discussing the final income restoration program and the program for use of compensation fees Notification of compensation fees and date of payment Discussion of detail training requirements and timeframe Discussion of resettlement building structure, construction schedule, facilities in resettlement communities, public transportation, etc. Learning RP implementation progress and the APs livelihood restoration 6.3. Appeal Procedure 177. Since public participation is encouraged during the preparation and implementation of the RP, no substantial disputes are anticipated. However, unforeseeable circumstances may arise during this process. In order to address issues effectively, and ensure the successful implementation of project construction and land acquisition, a transparent, accessible and effective grievance redress mechanism has been established. The system has shown in figure 6-3. The basic grievance redress system is as follows: 95

114 Stage 1: If any AP is dissatisfied with any land acquisition and resettlement of any other safeguards related problems, he/she may file an oral or written appeal with the community committee/sub-district office orally or in writing. In case of an oral appeal, the community committee/sub-district office shall handle such appeal and keep written records. Such appeal should be solved within 2 weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal with Fukang City Land and Resources Bureau or the LA and HD management office (depending upon the issue) after receiving such disposition, which shall make a disposition within 2 weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an appeal with Fukang City PMO receiving such disposition, which shall make a disposition within 2 weeks. Stage 4: If the AP is still dissatisfied with the disposition of Stage 3, he/she may apply for administrative reconsideration with Fukang City Government after receiving such disposition within 3 months. If good faith efforts are still unsuccessful, they may submit their complaint to ADB's Accountability Mechanism (2012).4 The first step requires good faith efforts to resolve the problem with the ADB Project Team. Besides, reporting behaviors which are against ADB's policies or procedures also welcomed. Website is: Alternatively, he/she may file an action in a civil court in accordance with the Civil Procedure Law of the PRC at any time irrespective of the use and progress of the GRM process. At each stage, when the responsible agencies receive the appeal, it will be also copied to the PMO for discussion, so that the grievance can be redressed at lower levels. All grievances (and their resolution) at each stage will be recorded and kept. The PMO will report the grievances and their resolution) to ADB in semiannual monitoring reports. Alternatively, the aggrieved person(s) may submit a complaint to the ADB s Project Team to try to resolve the problem. APs may file an appeal on any aspect of resettlement, including compensation rates, etc. The above means of appeal, and the names,

115 locations, persons responsible and telephone numbers of the appeal accepting agencies will be communicated to the APs at a meeting, through an announcement or the RIB, so that the APs know their right of appeal. Mass media will be used to strengthen publicity and reportage, and comments and suggestions on resettlement from all parties concerned will be compiled into messages for disposition by the resettlement organization at all levels Through social survey, the similar levels of educational attainment found between women and men in the subproject area, as well as the similar distributions of income-generating occupations (see Section 3.3), as well as the relative social equality of women and men in the subproject area and the presence of women at the committee/sub-district office. There are no significant barriers to women s access of the GRM All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingency costs. During the whole construction period of the Project, these appeal procedures will remain effective to ensure that the APs can use them to address relevant issues. City Legal authority City Disciplinary Inspection authority City appeal accepting authority Fukang City People s Government LB/HDO/PMO Town government/communit y/village communities ADB External monitoring Affected household Figure 6-3: Grievance Redress Flowchart 97

116 6.4. Appeal Contact Information 181. In order that the APs can feed back their grievances timely, contacts have been appointed for different appeal accepting agencies and their contact information disclosed. Table 6-4: Contact List for the Project No. Unit Post Name Telephone Remark 1 Fukang Construction Bureau Deputy director Shan Huaidong Fukang Construction Bureau Section Chief La Yucheng Fukang Construction Bureau PMO Ren Minna Fukang L&R Bureau Staff Member Zhang Qian Fukang Housing Levy Office Deputy Director Mr. Li Chengguan Town Nongjing Station Fukang Grassland Supervision and Administration Station Director Guo Huixia Staff Member Jia Shan Fukang Forestry Bureau Staff Member Ma Jie Ganhezi Town Government Mayor Wei Hua Ganhezi Town Government PMO Wang Gangshan Ganhezi Town Housing Levy Office Director Ma Zhizhong Sangonghe Township Government Deputy Director Mr. Re Banganliang Village Secretary Gao Zhiping Jiacheng Assessment Company 15 Fukang Social Security Office 16 Fukang Civil Affairs Bureau Person in charge Person in charge Person in charge Zhang Haiying Director Lu Lu Jiacheng

117 No. Unit Post Name Telephone Remark 17 Letters and Visits Department Director Su Wanlin Disciplinary Inspection Department Secretary Ma Hongming Legal Department Director Meng Liangcai External M&E agency Uncertain -- 99

118 7. Resettlement Budget 7.1. Resettlement Budget 182. All costs incurred during LAR will be included in the general budget of the project, all resettlement costs will be from domestic funds, which is million yuan in total, as detailed in Table 7-1. Grassland occupation: 21.21million yuan in total (21.66% of the total costs), project will occupy grassland for class 2, grade 2. Acquisition of collective land: 5.13 million yuan in total (5.23% of total costs), including cultivated land compensation, collective land compensation, etc. Collective Homestead land: the total compensation for homestead land is 7.49million yuan, accounting for 7.64 of the total costs. Residents Housing Demolition: million yuan in total for house demolition (35.48% of total costs), including house structure compensation, relocation subsidy, temporary transition fees; Commercial House Demolition: 0.13 million yuan in total for the commercial house demolition (0.13% of total costs), including corporate housing structure compensation, relocation assistance, temporary transition fees; Attachments and infrastructure: 0.12 million yuan (0.13% of total costs); Other costs: including survey and design fees, construction management fee, external monitoring and evaluation, implementation management fees, skills training costs, Special support fee for vulnerable groups and contingencies, totaling million yuan (10.61% of total costs); Stipulated fees for land acquisition: totaling million yuan (19.12% of total costs) 100

119 com Table 7-1: Resettlement Cost Estimate Ankang Road Guangyuan Road Ruiying Road Boya Road Shelter forest project No. Item Unit pens ation stan dard un it/yu quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (1000 yuan) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an qualit y subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) Total ten thous and yuan Prop ortio n Remark an Pasture land acquisition 25 5 % Pasture land CLass2 Grade Class 2 Grade 2 pasture 1 Pasture land compensation fee compensate to the pasture supervision station Resettlement fee compensate to the herdsmen Collective land acquisition % 2 General farmland nursery mu Land compensation fee mu Resettlement fee mu

120 com Ankang Road Guangyuan Road Ruiying Road Boya Road Shelter forest project No. Item Unit pens ation stan dard un it/yu quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (1000 yuan) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an qualit y subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) Total ten thous and yuan Prop ortio n Remark an Yong crops mu based on the evaluation price Social Security Assistance mu Collective homestead % 3 Land compensation fee m m Resident house demolition % House compensation 4 Masonry concrete m Masonry timber m

121 com Ankang Road Guangyuan Road Ruiying Road Boya Road Shelter forest project No. Item Unit pens ation stan dard un it/yu quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (1000 yuan) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an qualit y subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) Total ten thous and yuan Prop ortio n Remark an Earth timber m Masonry earth timber m Simple shed m Other subsidies yuan 0.00 Eval Redecoration and attachment uatio n price Moving subsidies hous ehold Temporary transitional subsidy pers on/m onth Temporarily prepay 18 month 103

122 com Ankang Road Guangyuan Road Ruiying Road Boya Road Shelter forest project No. Item Unit pens ation stan dard un it/yu quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (1000 yuan) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an qualit y subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) Total ten thous and yuan Prop ortio n Remark an Commercial shop demolition % Masonry concrete m Other subsidies yuan Moving subsidies hous ehold Temporary transitional subsidy pers on/m onth Attachment and Facilities Eval Eval 6 Total of compensation fees for attachments uatio n uatio n 5.12 Evaluatio n price 4.72 Evaluatio n price % Evaluation price price price 7 Subtotal of item 1~ % 104

123 com Ankang Road Guangyuan Road Ruiying Road Boya Road Shelter forest project No. Item Unit pens ation stan dard un it/yu quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (1000 yuan) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an qualit y subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) Total ten thous and yuan Prop ortio n Remark an Other costs % Based on the Survey, design and research costs 3.00 % % % % % percentage of land acquisition and resettlement compensation fee Based on the 8 Implementation management costs 3.00 % % % % % percentage of land acquisition and resettlement compensation fee Based on the Skills training costs 0.10 % % % % % percentage of land acquisition and resettlement compensation fee 105

124 com Ankang Road Guangyuan Road Ruiying Road Boya Road Shelter forest project No. Item Unit pens ation stan dard un it/yu quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (1000 yuan) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an qualit y subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) Total ten thous and yuan Prop ortio n Remark an Based on the House resettlement assessment fee 0.50 % % % % % percentage of House demolition compensation Based on the External monitoring and evaluation fees 0.50 % % % % % percentage of land acquisition and resettlement compensation fee Based on the Contingencies 8.00 % % % % % percentage of land acquisition and resettlement compensation fee 9 Stipulated fees for land acquisition % 106

125 com Ankang Road Guangyuan Road Ruiying Road Boya Road Shelter forest project No. Item Unit pens ation stan dard un it/yu quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (1000 yuan) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) compen sation standard unit/yu an qualit y subt otal (100 0 yuan ) compen sation standard unit/yu an quali ty subt otal (100 0 yuan ) Total ten thous and yuan Prop ortio n Remark an New construction land occupancy charge m Cultivated land occupation fees m Cultivated land reclamation fee mu Pasture recovery fee mu Grassland pasture Tot al % 107

126 7.2. Annual Investment Plan 183. All resettlement funds of the project are from local counterpart funds. Before or during project construction, the civil works and resettlement plan will be implemented in stages in order not to affect the production and livelihoods of the AHs. See Table 7-1. Table 7-2: Resettlement Budget Plan No. FK01 FK02 Subcomponent The shelterbelts in North Ring Road Tianshan Street, Tianchi street, Huiyuan road, Ruiying road, Boya road, as well as S 303 shelterbelts, and TVET center Planned start time (year) Planned Completed time (year) Planned Completed time for LAR(year) Investment (CNY10,000) Proportion % % % FK03 shelterbelts in Sounth Area % FK04 Guangyuan road, Ankang road, Yingbin road, Bofeng street % GHZ01 Weiqi road, Zhenxi road % GHZ02 Changqing road, Guangming road, Honglingjin road % Total % 7.3. Disbursement Flow and Plan of Resettlement Funds Disbursement flow 184. During the implementation of the subproject, compensation fees will be paid at the standard in RP; Fukang fiscal budget will appropriate the compensation funds to Land Resource Bureau and Housing Levy Office, and then pay the funds to the affected units or individuals. Fukang PMO is responsible for coordinating and overseeing the payments The disbursement flow is as follows. 108

127 Fukang Fiscal Budget Land Resource Bureau Housing Levy Office Fukang PMO LA Affected Proprietors of attachment HD Affected Proprietors of attachment Figure 7-1: Flowchart of Resettlement Fund Disbursement Disbursement plan 186. The land acquisition compensation fee, prior levy management fees will be charged by the Municipal Land and Resources Bureau, land compensation and resettlement fees and compensation for young crops will be directly paid to affected farmers; infrastructure and appurtenances compensation by the implementation of the agency will be paid directly to the relevant units. As for the occupied grassland, resettlement fees will be paid to herdsmen directly, grassland compensation as well as grassland restoration fee will be paid to Grassland Supervision Station, for vegetation recovery. Compensation for HD, infrastructure, as well as attachments will be paid to individual or unit To ensure that the resettlement funds are available timely and fully, and the APs production, livelihoods and income are restored, the following measures will be taken by Fukang City PMO: All costs related to LA and compensation will be included in the general budget of the project; Land compensation fees and resettlement subsidies and young corps compensation will be paid up before LA so that all APs can get paid. In order to ensure the successful implementation of LA and resettlement, financial and supervisory agencies will be established at all levels to ensure that all funds are disbursed timely and fully The budget is a cost estimate of resettlement. Depending on practical changes within the affected areas, and due to the practical impacts of detailed measurement survey (DMS), modifications to compensation and inflation, etc., resettlement costs may be increased, but Fukang City PMO will ensure the payment of compensation fees. The budget incorporates contingencies, and will be applied and revised as necessary. 109

128 8. Organizational Structure and Responsibilities 8.1. Resettlement Action Agencies 189. The agencies responsible for the planning, management, implementation and monitoring of the project s resettlement activities are: XAUR PMO (EA) Changji PMO(IA) Fukang people s government (sub IA) Fukang city ADB Loaned project management Leading Group (Fukang PMLG) Fukang Project Management Office /Fukang Construction Bureau (Fukang PMO/PIU, under Fukang PMLG) Fukang Land and Resources Bureau (Fukang LRB, land acquisition implementation agency) Fukang house acquisition management office(house demolition implementation agency IA) Fukang Grassland Supervision Station(grassland acquisition implementation agency) Chengguan Town Government(participation) Ganhezi Town Government(participation) Affected villages(participation) Design Institute (DI) (project design institute entrusted by Changji PMO) External M&E agency(resettlement external monitoring agency entrusted by XAUR PMO) 110

129 8.2. Organizational Chart Xinjiang Uygur Autonomous Reginal Government Executive Agency/XJPMO Changji Hui Autonomous Prefecture Government (Implementation Agency/CHPMO) Fukang Government (IA) ADB Project Leading Group (PLG) Fukang LRB Fukang House Demolition Levy Office Fukang FURCB/Forestry Bureau/Education Bureau PMO/PIU External Monitoring Fukang Grassland Supervision Station Affected Villages/Communities Figure 8-1: Resettlement Organizational Chart 8.3. Fukang City ADB Loaned Project Management Leading Group 190. The resettlement staffs of Fukang city are from functional departments of Fukang Municipal Government. They have rich working experience and have participated in LA and resettlement in a number of local municipal projects, and will play a good organizing and coordinating role in the implementation of the project. The Project Leading Group is composed of the following persons: Leader: Ding Chu Deputy Major Members: Xu Kezhong Fukang City Police Commissioner Kong Qifeng Fukang Construction Bureau Director Ma Yuren Director of Finance Bureau Liu Deshan Director of Transportation Bureau Bao Haizhi Director of Environment Protection Bureau (EPB) Wang Chengen Director of L&R Bureau Guo Linjuan Director of Audit Bureau Yin Zhendong Director of Veterinary Station Ma Jianming Mayor of Chengguan Town Wei Hua Mayor of Ganhezi Town Liu Bin Headmaster of Vocational College 111

130 Lv Wenzhi Deputy Director of D&R Commission Su Jinyuan Deputy Director of Forestry Bureau Du Fulin Deputy Director of Planning Department Bai Yongshan Director of Grassland Supervision Station 191. The Leading Group office is located in Fukang Construction Bureau; Director of the Office is Kong Qifeng The primary duties of the leading group is responsible for deploying, directing, coordinating the county ADB loaned project related work; 193. Leading Group Office main responsibility is to strengthen cooperation with relevant regional counterparts convergence of the various stages of project coordination and management, to ensure the smooth implementation of the project. Development and Reform Commission is responsible for pre-project review of reporting, project coordination and guidance work, finance department and auditing bureau responsible for supervision of the use of project funds, debt service work, houses construction department is responsible for project implementation, technical guidance and quality supervision Division of Responsibilities among Agencies XUAR PMO Responsible for the overall project management and coordinating, entrusting external monitoring agency and submission of project progress reports to the ADB Changji PMO Responsible for the overall project implementation and management, internal resettlement supervision and progress report preparation Fukang people s government Responsible for the coordinating, funds arrangements of LA and HD, and internal resettlement supervision Fukang Project Leading Group Responsible for project leadership, organizing, coordination and policy-making, examining the RP, implementing internal supervision and inspection, and making decisions on major issues arising from resettlement. 112

131 Fukang City PMO Entrust design institutes to measure the project impact scope; Organize socioeconomic survey; Organize and incorporate the preparation of the RP; Implement the RP policies; Confirm and coordinate the RP implementation according to the project schedule; Disburse and monitor the RP fund utilization; Guide, coordinate and supervise activities and progress of the RP implementation; Organize and implement RP internal monitoring, determine RP external monitoring agency, and assist the external monitoring; Review the external monitoring report; Coordinate to solve problems related to the resettlement; Coordinate to solve complains and appeals on the resettlement; and Report the progress and fund use of the resettlement implementation Fukang Municipal Construction Bureau Organizing the socioeconomic survey; Conducting the DMS and baseline survey; Organizing public participation activities; Negotiating resettlement programs and organizing the preparation of the RP; Applying for the license for planning of land use and the license for land used for construction; Implementing measures for LA; Implementing the state policies and regulations on construction land management; Developing resettlement and compensation programs according to the policies, and submitting them to competent authorities for approval; Handling the land use approval formalities; Implementing the RP; Entering into compensation and resettlement agreements with the affected economic organizations together with L&R bureau; Entering into compensation agreements for temporary land occupation; Entering into compensation and resettlement agreements with the affected households and entities; Reviewing resettlement implementation; 113

132 Managing information on LA, HD and resettlement; Training staff; Coordinating and handling conflicts and issues arising from implementation; Coordinating and handling disputes and appeals; Reporting LA, HD and resettlement information to the Fukang PMO Chengguan Town 194. Led by the leaders in charge, and composed of party office, land management and other units and various community key officials. Its main responsibilities are: Participating in the survey of the Subproject, and assisting in the preparation of the RP; Organizing public participation, and propagandizing the resettlement policies; Implementing, inspecting, monitoring and recording all resettlement activities within its jurisdiction; Responsible for the disbursement and management of land compensation fees; Supervising the LA and contract signing Reporting LA and resettlement information to the county land and resources bureau; Coordinating and handling conflicts and issues arising from its work Affected Village Committees/Communities 195. Composed of key officials of committee. Its responsibilities are: Participating in the socioeconomic survey and DMS; Organizing public consultation, and propagandizing the policies on LAR ; Paying and managing relevant funds; Reporting the APs comments and suggestions to the competent authorities; Reporting the progress of resettlement implementation; Providing assistance to displaced households with difficulties Cooperate with other higher-level units with land acquisition related work Design Institute Reducing the impacts of the Subproject through design optimization; and Identifying the range of LA. 114

133 External Monitoring and Evaluation Agency During the implementation of the resettlement plan, to track, monitoring and evaluation the implementation activities, and track and monitoring resettlement regularly twice a year. Monitoring progress, quality, funding for resettlement, and give advice; Verify the Data and conclusions of the internal monitoring reports, Submit monitoring and evaluation report every six months to XUAR PMO, Changji PMO and Fukang PMO Measures to Strengthen Institutional Capacity 196. In order to implement resettlement successfully, the APs and resettlement staff must be trained under a program developed by the Fukang PMO Training Program for Resettlement Management Staff 197. A staff training and human resources development system for the county sub-district and community-level resettlement agencies will be established, Training will be conducted in such forms as expert workshop, skills training course, visiting tour and on-site training. The scope of training includes: Principles and policies of resettlement Resettlement project planning management training, design and updating Resettlement implementation planning and design Resettlement implementation monitoring and evaluation Resettlement financial management Management information system Measures for Improving Resettlement Agencies (1) Define the responsibilities and scope of duty all resettlement agencies, and strengthen supervision and management; (2) Provide adequate financial and technical support, and improve technical equipment, such as PC, monitoring equipment and means of transportation, etc. (3) Select staff strictly, and strengthen operational training for administrative staff and technicians to improve professional proficiency; (4) Select female officials appropriately and give play to women s role in resettlement implementation; during the implementation of the subproject, the PMO, women's Federation, community committee staffs will establish a cooperation mechanism, through held forum among 115

134 women and other ways to learn about their demands, hopes at different stage of the RP and subproject. During the whole progress of the subproject, the subproject implementation agency invited the women's Federation staffs to join in. (5) Establish a database and strengthen information feedback to ensure a smooth information flow, and leave major issues to the Project Leading Group; (6) Strengthen the reporting system and internal monitoring, and solve issues timely; and (7) Establish an external M&E mechanism and an early warning system. 116

135 9. Resettlement Implementation Schedule 198. According to the project implementation schedule, the project will be planned and implemented for 5 years from 2017 to December 2021; the LAR will begin in March 2017 and end in December The basic principles for resettlement implementation are as follows: LA shall be completed at least one month prior to the commencement of civil construction. During the LAR, the APs shall have opportunities to participate in the project. Before the commencement of civil construction, the scope of LAR will be disclosed, the RIB distributed and public participation activities conducted properly. All compensation shall be paid to the affected proprietors directly and fully within 3 months of approval of the compensation and resettlement program for LAR. No entity or individual should use such compensation funds on their behalf, nor should such compensation be discounted for any reason Work before Resettlement Implementation(RP updating) (1) Verification of the scope of LAR 199. The scope of the LAR will be defined according to the project detailed design and layout. And the resettlement work will be assigned to affected village via meetings, and then inform to the village committee. The Fukang PMO will survey and register land, houses and attachments, and their ownership within the defined project scope. (2) Field investigation of the range of LAR 200. The Fukang PMO will organize relevant staff of Fukang LRB, village to visit the affected areas, investigate and register land, houses, attachments, facilities and equipment, etc., judge the nature and ownership of infrastructure, and keep detailed records. (3) Updating the RP and preparing the budget 201. Before the beginning of land acquisition, and civil works, the RP will be updated based on the detailed design and detailed measurement survey (DMS), and submitted to ADB for approval. Based on the survey findings, Fukang County PMO will work out the RP and budget in accordance with applicable policies and regulations, and then submit them to the Fukang Construction Bureau (CB) for check. (4) Contract signing 202. Under the coordination and direction of Fukang PMO, Fukang CB will enter into land acquisition agreements with Fukang LRB, and pay the contract price The compensation agreement for land acquisition will be signed based on the compensation rates specified in the RP, and in accordance with the state, provincial and municipal laws and 117

136 regulations on resettlement. Fukang PMO, LRB, and Township government will negotiate with the affected village committees, residents, enterprises and stores about compensation and resettlement respectively. After consensus, Fukang LRB and PMO will sign the compensation agreement for land acquisition immediately. A copy of such agreement should be submitted. Fukang PMO will supervise and witness the whole process Work during Resettlement Implementation (1) Disbursement of compensation payments 204. The APs will receive compensation timely after signing agreements. (2) Land use license 205. The EA should endeavor to obtain all land use licenses timely. LAR certificates must be obtained before the payment of compensation and the acquisition of land, houses and private properties. (3) facility relocation and reconstruction 206. CB pays compensation to the property owners, who are responsible for the relocation, restoration, and reconstruction of affected facilities, and EA is in the charge of supervision. (4) resettlement 207. Monetary compensation, property exchange and commercial housing are provided for affected persons to choose, and whichever will improve the housing condition a lot. (5) Internal supervision, and external M&E 208. Internal supervision is the responsibility of the IA, which will submit a progress report to the XAUR EA and ADB semi-annually. External M&E is the responsibility of the XAUR PMO (EA), Xinjiang Uygur Autonomous Region PMO will assistant Changji Prefecture PMO and Fukang PMO to entrust an independent experienced resettlement monitoring agency to conduct external monitoring and evaluation and report to ADB every six months during implementation of the subproject. The purpose of external M&E is to access whether APs incomes and living standards have been fully restored or improved after the LAR. If the target is not achieved as the RP, further measures should be suggested and taken Work after Resettlement Implementation (1) Internal supervision and external M&E maintain 209. After the completion of resettlement, the external and internal monitor should maintain to complete fulfillment of the project. (2) Filing and documentation 210. When the resettlement work is finished, the responsible party should submit a supplementary 118

137 report to Fukang CB to check and archive Arrange the overall progress of the resettlement plan in accordance with the course of project construction and land acquisition compensation. Specific implementation time may appropriate adjustments during practice of the project, which has shown in Table 9-1 Table 9-1: Project Implementation Schedule No. Subcomponent Planned start time (year) Planned Completed time (year) Planned Completed time for LAR(year) FK01 The shelterbelts in North Ring Road FK02 Tianshan Street, Tianchi street, Huiyuan road, Ruiying road, Boya road, as well as S 303 shelterbelts, and TVET center FK03 shelterbelts in Sounth Area FK04 Guangyuan road, Ankang road, Yingbin road, Bofeng street GHZ01 Weiqi road, Zhenxi road GHZ02 Changqing road, Guangming road, Honglingjin road Table 9-2: Resettlement Implementation Schedule No. Resettlement Tasks Target 1. Consultation and Disclosure 1.1 Draft RP circulation and Government of Fukang endorsement city 1.2 RIB distribution All affected villages, communities and people 1.3 RPs distribution All affected villages and communities 2.Resettlement Plan & Budget Responsible Agency PMO and PIUs, Jan consultant ROs Feb ROs Feb Deadline 2.1. DMS PIUs and ROs, DI, Mar.-May 2017 affected villages, communities and APs 2.2 Updating RP based on DMS PIUs and ROs, May consultant 2.3 Approval of final RP & budget Government of Fukang May city 2.4 Submission of Updated RP to ADB for review and concurrence. Uploading of Fukang city and ADB June 2017 Updated RP on ADB website 3. Capacity Building 3.1 Establishment of a resettlement PMO and PIUs offices at various levels March ROs capacity building 10 staff TPMO, PMO and PIUs Apr Designate village/community All affected villages/ PMO and ROs Apr authorities communities 119

138 No. Resettlement Tasks Target 4. Commencement and Completion of Resettlement 4.1 Agreements with villages and APs Responsible Agency All villages and APs PIUs, ROs and LAB Mar Deadline 4.2 Commencement ROs Mar Disbursement of compensation ROs Mar. Jun 2017 to APs 4.6 Completion ROs 31 Dec Monitoring & Evaluation 5.1 Internal monitoring reports Semi-annual reports PMO Mar. and Sept. each year since Contracting external monitor PMO Mar-Apr Review Baseline survey and 20% of seriously External monitor June supplement survey as affected HHs necessary. If RP updating is 50% affected villages delayed for 2 years, another baseline survey will be conducted 5.4 External monitoring report Semi-annual reports External monitor 15 April. and 15 Oct. each year since Resettlement completion report Report PMO 31 Dec

139 10. Monitoring and Evaluation 212. In order to ensure the successful implementation of the RP and realize the objectives of resettlement properly, land acquisition, property demolition and resettlement activities of the project will be subject to periodic M&E according to ADB s resettlement policy requirements, including internal and external monitoring Internal Monitoring Purpose 213. The purpose of internal monitoring is to enable all resettlement agencies to function properly during project implementation, conduct internal supervision and inspection on the whole process of resettlement preparation and implementation, learn resettlement progress, and ensure that the land acquisition, house demolition and resettlement work can be completed on schedule according to the RP, and promote successful project construction Organization and staff 214. The internal resettlement monitoring agencies are Fukang PMO and other relevant authorities (e.g., Fukang LRB Grassland Supervision Station and CB). These agencies will have a leader who is responsible specifically for the resettlement work. Such leaders should have rich resettlement experience and authority, and be able to coordinate all departments involved in the resettlement work. The members of such agencies should have knowledge on resettlement and social issues so as to perform their duties Scope of Internal Monitoring 215. The Fukang PMO will develop a detailed internal monitoring plan for land acquisition and resettlement, including: (1) Payment, use and availability of compensation fees for land acquisition, house demolition, and implementation progress and quality of production and development 121

140 options of APs; (2) Investigation, coordination of and suggestion on key issues of the resettlement and implementing agencies during LAR; (3) Restoration of the household income of APs; (4) Restoration of vulnerable groups; (5) Payment, use and availability of compensation funds; (6) Restoration and reconstruction of infrastructure, ground attachments and special facilities; (7) Level of public participation and consultation during LA and resettlement; (8) Resettlement training and its effectiveness; and (9) Working mechanism, training, working hours and efficiency of local resettlement offices Internal monitoring reporting 216. The Fukang PMO will submit a quarterly progress report to ADB and Changji Prefecture. Such report should indicate the statistics of the past 3 months in tables, and this should reflect the progress of land acquisition, house demolition, resettlement and use of compensation funds through comparison with the budgeted amount and schedule. Table 10-1 and Table 10-2 provide some formats. Table 10-1: Progress Report on Resettlement for LA and HD community, sub-district Cut-off date: MM/DD/YY 122

141 Date of completion: MM/DD/YY Item Unit Planned Actually completed Accumulated Percentage of completion Permanent land acquisition mu Temporary land occupation mu Payment of land compensation 10,000 fees yuan Training person Employment person Land adjusted mu Reporter: Signature (person responsible): Official seal: Table 10-2: Progress of Fund Utilization community, sub-district Cut-off date: MM/DD/YY Date of completion: MM/DD/YY Affected units Introduction Unit / Quantity Investment (yuan) Compensation (yuan) Adjust compensation Rate Village 1 Village 2 The collective Displaced household Enterprise Reporter: Signature (person responsible): Official seal: External Monitoring 217. According to ADB s policies, XUAR PMO will organized the Changji PMO and Fukang PMO use the Government matching funds to hire a qualified, independent and experienced resettlement agency as the external resettlement M&E agency The external M&E agency will conduct follow-up M&E of resettlement activities periodically, monitor resettlement progress, quality and funding, and give advice. It will also 123

142 conduct follow-up monitoring of the APs production level and living standard, and submit M&E reports simultaneously to the Fukang PMO, Changji PMO, XUAR PMO and ADB Scope and Methodology of External Monitoring (1) Baseline survey 219. The external M&E agency will conduct a baseline survey on the villages affected by LA and HD to obtain baseline data on the sample AHs production level and living standard. Subsequent production level and living standard surveys will be conducted annually to track variations of the APs production level and living standards of AHs. This survey will be conducted using such methods as random survey and acquired necessary information from random interview and field observation. A statistical analysis and an evaluation will be made on this basis. (2) Periodic M&E 220. During the implementation of the RP, the external M&E agency will conduct periodic follow-up resettlement monitoring semiannually during the project implementation, of the following activities by means of field observation, panel survey and random interview: Timely payment and amount of compensation Training Support measures for vulnerable groups and ethnic minority people Restoration and reconstruction of infrastructure, ground attachments and special facilities Restoration for production and resettlement people Adequacy of compensation for lost properties Compensation for lost working days Timetables of the above activities (applicable at any time) Resettlement network organization compensation fee for collective land acquisition and resettlement earnings and Job opportunities generated by the project. (3) Public consultation 221. The external M&E agency will attend public consultation meetings held during resettlement implementation to evaluate the effectiveness of public participation. 124

143 (4) Grievance redress 222. The external M&E agency will visit the affected village periodically, and inquire with the Fukang PMO, township government and village committees that accept grievances to assess how well grievances have been handled. It will also meet complainants and propose corrective measures and advice for existing issues so as to make the resettlement process more effectively The external monitor will also verify the data and findings of the internal monitoring reports. (5) Information disclosure of external monitoring reports 224. During the monitoring and evaluation, affected people and/or to their representatives attitudes and comments will be included in the monitoring and evaluation of resettlement programs. Such as, disclosing monitoring reports (or a short summary of key findings) directly to affected people and/or to their representatives and inviting their comments on, or confirmation of, monitoring findings Indicators of External monitoring 225. The external monitoring agency should verify, monitor and compare the following indicators during the implementation of RP. The indicators are presented in the table below: Table 10-3: Indicators of resettlement external monitoring and evaluation No. Items/elements Contents Key indicators Construction land approval documents; Progress of construction land Land acquisition amount, type and Impact; approvals and delivery Civil works progress and linkage with land acquisition activities 1 2 Permanent land acquisition and temporary impacts Resident housing demolition and Temporary land use Permanent Land compensation standards and implementation Progress of housing demolition Amount and type of temporary land use; Temporary land use compensation and disbursement Amount and type Permanent land acquisition; Permanent land acquisition compensation standard and disbursement Household demolition number and area(structures); Comparison with resettlement plan; 125

144 No. Items/elements Contents Key indicators resettlement Compensation standard(structures) and Compensation standards and implementation change; Compensation payment; Income restoration program Demolition of enterprises and shops and resettlement process Funds availability and application Vulnerable households Living conditions of before and after resettlement Cash compensation funds Land adjustment Production resettlement mode Variation of income Employment Training Satisfaction of resettlement Progress of structure demolition Compensation Housing reconstruction and demolition Restoration Availability of funds Allocation Vulnerable households 7 Gender matters participation 8 Ethnic minority matters special assistance measures As the requirements of EMDP Transition fees delivered Comparison of infrastructure; Per capita housing area; Community facilities; Distance from the center the county and township; Satisfactory of sampling survey Compensation payment to APs or AVs Variation of per capita lands before and after LA; Land for land program, if any; Quality and distance of adjusted land; Impact to the production mode of farmers; Employees number of non-farm payrolls; Variation of crop species; Impact to the livestock; Per capita net income of rural residents; Disposable income of urban residents; Proportion of three main industries employee; Proportion of women in small business; Number of migrant workers; Times, type and time of training; Benefits, number and effective of training; Satisfactory of sampling survey; Number and area (structures) Compensation standard (structures) and variation; Compensation payment method; Compensation for the shutdown period Enterprise reconstruction way; Household number of resettlement; Number of enterprise expansion; Number of close down Number and income of employees; income of enterprises; Satisfaction of sampling employees and operators Funds sources and payment Allocation flows Type of the vulnerable and Impacts Measures implementation (timely, subsidy etc.) No. of women participating in meetings, DMS, accepting payments, Women hired during construction and other employment opportunities No. of EM participating in meetings, DMS, Priority hiring, during construction and other employment opportunities 126

145 No. Items/elements Contents Key indicators Resettlement complaint and grievance Public consultation and information disclosure Organizational Set-up Grievance Redress Resettlement complaint and grievance cases Public consultation and information disclosure activities Clear roles and responsibilities, coordination and reporting GRM being followed External monitoring reporting No. of issues/problems/complaints received, responded to, addressed and resolved in a timely manner Available staff and resources to address grievances Timely reporting of grievances Times, population, time, site, topic and efficiency; Way, content and response of information disclosures No. of qualified staff Coordination meetings and follow-ups Training to improve capacity of staff Monitoring, preparation of reports and submission No. of issues/problems/complaints received, responded to, addressed and resolved in a timely manner Available staff and resources to address grievances Timely reporting of grievances 226. The external M&E agency will submit semi-annual monitoring and evaluation report to Xinjiang Uygur Autonomous Region PMO, Xinjiang Autonomous Region PMO, and ADB as following schedule. Table 10-4: Reporting Schedule of External Resettlement M&E Resettlement report Date 1 Baseline survey April M&E Report (No. 1) October M&E Report (No. 2) April M&E Report (No. 3) October M&E Report (No. 4) April M&E Report (No. 5) October M&E Report (No. 6) April M&E Report (No. 7) October M&E Report (No. 9) September

146 Appendices A-1

147 Appendix 1: Applicable Laws, Regulations and Policies Applicable provisions of the Land Administration Law of the PRC Ownership and right of use of land Article 8 Land in urban districts shall be owned by the State. Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by peasants including land for building houses, land and hills allowed to be retained by peasants. Article 22 The amount of land used for urban construction shall conform to the standards prescribed by the State so as to make full use of the existing land for construction purposes, not to occupy or occupy as less agricultural land as possible. Urban general planning and the planning of villages and market towns should be in line with the general plans for land use. The amount of land for construction use in the urban general planning and the planning of villages and market towns shall not exceed the amount of land used for construction purposes in cities, villages and market towns fixed in the general plans for the utilization of land. The land for construction purposes in cities, villages and market towns within the planned areas of cities, villages and market towns shall conform to the city planning and the planning of villages and market towns. Article 24 People's governments at all levels shall strengthen the administration of plans for land use and exercise control of the aggregate land for construction purposes. Article 26 Revision of the general plans for land use shall be approved by the original organ of approval. Without approval, the usages of land defined in the general plans for the utilization of land shall not be changed. Whereas the purpose of land use defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by the State Council, it shall be changed according to the document of approval issued by the State Council. If the purpose of land defined in the general plans for the utilization of land needs to be changed due to the construction of large energy, communications, water conservancy and other infrastructure projects approved by provinces, autonomous regions and municipalities, it shall be changed according to the document of approval issued by the provincial level people's governments if it falls into their terms of reference. Protection of cultivated land Article 31 The State protects the cultivated land and strictly controls the conversion of cultivated land into non-cultivated land. A-2

148 The State fosters the system of compensations to cultivated land to be occupied. In the cases of occupying cultivated land for non-agricultural construction, the units occupying the cultivated land should be responsible for reclaiming the same amount of land in the same quality as that occupied according to the principle of "reclaiming the same amount of land occupied. Whereas units which occupy the cultivated land are not available with conditions of reclamation of land or the land reclaimed is not up to requirements, the units concerned should pay land reclamation fees prescribed by provinces, autonomous regions and municipalities for reclaiming land for cultivation the land reclaimed. Article 32 The local people's governments at and above the county level may demand units which occupy cultivated land to use the topsoil of the land occupied for use in the newly reclaimed land, poor land or other cultivated land for soil amelioration. Article 33 People's governments of all provinces, autonomous regions and municipalities shall strictly implement the general plans for the utilization of land and annual plan for the use of land, adopt measures to ensure not to reduce the total amount of cultivated land within their jurisdictions. Whereas reductions occur, the State Council shall order it to organize land reclamation within the prescribed time limit to make up for the reduced land in the same quantity and quality and the land administrative department of the State Council shall, together with agricultural administrative department, examine and accept it. Article 36 Land shall be used sparingly for non-agricultural construction purposes. Whereas wasteland can be used, no cultivated land should be occupied; whereas poor land can be used, no good land should be occupied. Article 41 The State encourages land consolidation. People's governments of counties and townships (towns) shall organize rural collective economic organizations to carry out comprehensive consolidation of fields, water surface, roads, woods and villages according to the general plans for the utilization of land to raise the quality of cultivated land and increase areas for effective cultivation and improve the agricultural production conditions and ecological environment. Local people's governments at all levels shall adopt measures to ameliorate medium-and low-yielding land and consolidate idle and scattered and abandoned land. Article 42 Whereas land is damaged due to digging, cave-in and occupation, the units or individuals occupying the land should be responsible for reclamation according to the applicable provisions of the State; for lack of ability of reclamation or for failure to meet the required reclamation, land reclamation fees shall be paid, for use in land reclamation. Land reclaimed shall be first used for agricultural purposes. A-3

149 Land for construction purposes Article 43 Any unit or individual that need land for construction purposes should apply for the use of land owned by the State according to law, except land owned by peasant collectives used by collective economic organizations for building township enterprises or building houses for villagers or land owned by peasant collectives approved according to law for use in building public facilities or public welfare facilities of townships (towns). The term "apply for the use of land owned by the State according to law " used in the preceding paragraph refers to land owned by the State and also land originally owned by peasant collectives but having been acquired by the State. Article 44 Whereas occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes, the examination and approval procedures in this regard shall be required. For projects of roads, pipelines and large infrastructure approved by the people's governments of provinces, autonomous regions and municipalities, land for construction has to be approved by the State Council whereas conversion of agricultural land is involved. Whereas agricultural land is converted into construction purposes as part of the efforts to implement the general plans for the utilization of land within the amount of land used for construction purposes as defined in the general plans for cities, villages and market towns, it shall be approved batch by batch according to the annual plan for the use of land by the organs that approved the original general plans for the utilization of land. The specific projects within the scope of land approved for conversion shall be approved by the people's governments of cities or counties. Land to be occupied for construction purposes other than those provided for in the second and third paragraphs of this article shall be approved by the people's governments of provinces, autonomous region and municipalities whereas conversion of agricultural land into construction land is involved. Article 45 The acquisition of the following land shall be approved by the State Council: 1. Basic farmland; 2. Land exceeding 35 hectares outside the basic farmland; Acquisition of land other than prescribed in the preceding paragraph shall be approved by the people's governments of provinces, autonomous regions and municipalities and submitted to the State Council for the record. Acquisition of agricultural land should first of all go through the examination and approval procedure for converting agricultural land into land for construction purposes according to the provisions of Article 44 of this law. Whereas conversion of land is approved by the State Council, A-4

150 the land acquisition examination and approval procedures should be completed concurrently with the procedures for converting agricultural land to construction uses and no separate procedures are required. Whereas the conversion of land is approved by people's governments of provinces, autonomous regions and municipalities within their terms of reference, land acquisition examination and approval procedures should be completed at the same time and no separate procedures are required. Whereas the terms of reference have been exceeded, separate land acquisition examination and approval procedures should be completed according to the provisions of the first paragraph of this article. Article 46 For acquisition of land by the State the local people's governments at and above the county level shall make an announcement and organize the implementation after the approval according to the legal procedures. Owners or users of the land acquired should, within the time limit specified in the announcement, go through the compensation registration for acquired land with the land administrative departments of the local people's governments on the strength of the land certificate. Article 47 In acquiring land, compensation should be made according to the original purposes of the land acquired. Compensation fees for land acquired include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the acquisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land acquired by the per capital land occupied of the unit whose land is acquired. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years preceding the acquisition of the cultivated land. But the maximum resettlement fee per hectare of land acquired shall not exceed 15 times of the average annual output value of the three years prior to the acquisition. The standards for land compensation and resettlement fees for land acquired shall be determined by various provinces, autonomous regions and municipalities in reference to the land compensation fees and resettlement fees for cultivated land acquired. The standards for compensating for ground attachments and green crops on the land acquired shall be determined by various provinces, autonomous regions and municipalities. In acquiring vegetable fields in suburban areas, the units using the land should pay new vegetable field development and construction fund. A-5

151 Whereas the land compensation fees and resettlement fees paid according to the provisions of the second paragraph of this article are not enough to maintain the original level of living, the resettlement fees may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities. But the combined total of land compensation fees and resettlement fees shall not exceed 30 times the average output value of the three years prior to the acquisition. In special circumstances, the State Council may raise the standards for land compensation and resettlement fees for land acquired according to the social and economic development level. Article 48 After the plan for land compensation and resettlement fees is finalized, related local people's governments shall make an announcement and hear the opinions of the rural collective economic organizations and peasants whose land has been acquired. Article 49 Rural collective economic organizations shall make public to its members the receipts and expenditures of the land compensation fees for land acquired and accept their supervision. It is forbidden to embezzle or divert the land compensation fees and other related expenses. Article 50 Local people's governments at all levels shall support rural collective economic organizations and peasants in their efforts toward development and operations or in starting up enterprises. Article 52 In the process of the feasibility study for construction projects, land administrative departments may examine the related matters concerning the land for construction purposes and put forward their proposals according to the general plans for the utilization of land, the annual plan for the use of land and standards for land used for construction purposes. Article 53 Whereas a construction project approved needs land owned by the State for construction purposes, the construction unit should file an application with land administrative department of the people's government at and above the county level with the power of approval on the strength of related documents required by law and administrative decrees. The land administrative department shall examine the application and submit it to the people's government at the same level for approval. Article 54 A paid leasing should go through in use of land owned by the State by a construction unit. But the following land may be obtained through government allocation with the approval of the people's governments at and above the county level according to law: 1. Land for use by government organs and for military use; 2. Land for building urban infrastructure and for public welfare undertakings; 3. Land for building energy, communications and water conservancy and other infrastructure projects supported by the State; A-6

152 4. Other land as provided for by the law and administrative decrees. Article 55 Construction units that have obtained State-owned land by paid leasing can use the land only after paying the land use right leasing fees and other fees and expenses according to the standards and ways prescribed by the State Council. Starting from the date when this law comes into effect, 30% of the leasing fees for new construction land shall be handed over to the central finance, with the rest 70% to be retained by related local people's governments, for the development of land for cultivation. Article 56 In using State-owned land, construction units should use the land according to the provisions of the contract for compensated use of leased land use right or according to the provisions of the documents of approval concerning the allocation of land use right. The change of the land to construction purposes should get the consent from the land administrative departments of the related people's governments and be submitted to the people's governments that originally give the approval for the use of land. In changing the purpose of land within the urban planned areas, the consent should be obtained from the related urban planning administrative departments before submission for approval. Article 57 In the case of temporary using State-owned land or land owned by peasant collectives by construction projects or geological survey teams, approval should be obtained from the land administrative departments of local people's governments at and above the county level. Whereas the land to be temporarily used is within the urban planned areas, the consent of the urban planning departments should be obtained before being submitted for approval. Land users should sign contracts for temporary use of land with related land administrative departments or rural collective organizations or villagers committees depending on the ownership of the land and pay land compensation fees for the temporary use of the land according to the standard specified in the contracts. Users who use the land temporarily should use the land according to the purposes agreed upon in the contract for the temporary use of land and should not build permanent structures. The term for the temporary use of land shall not usually exceed two years. Article 58 In one of the following cases, the land administrative departments of related people's governments shall recover the land use right of State-owned land with the approval of the people's governments that originally gives the approval or the people's governments with the power of approval: 1. Use land for the sake of public interests; 2. Use land for adjustment in re-building old city districts in order to implement urban construction plans; A-7

153 3. When the term for the land use right expires according to what is agreed upon in the contract for compensated use of land, the land user has failed to apply for extension or failed to get approval for extension; 4. The use of land originally allocated has been stopped due to cancellation or removal of units; 5. Roads, railways, airports and mining sites that have been approved to be abandoned. Proper compensation should be given to land use right users whereas the use right of Stateowned land is recovered according to the provisions of 1 and 2 of the preceding paragraph. Article 62 One rural household can own one piece of land for building house, with the area not exceeding the standards provided for by provinces, autonomous regions and municipalities. Construction of rural houses should conform to the general plans for the utilization of land of townships (towns) and the original land occupied by houses and open spaces of villages should be used as much as possible for building houses. The use of land for building houses should be examined by the township (town) people's governments and approved by the county people's governments. Whereas occupation of agricultural land is involved the examination and approval procedure provided for in Article 44 of this law is required. The application for housing land after selling or leasing houses shall not be approved. Article 63 The land use right of peasant collectives shall not be leased, transferred or rented for non-agricultural construction, except in the case of legal transfer of the land that conforms to the general plan for the utilization of land and legally obtained by enterprises due to bankruptcy or acquisition. Article 64 Buildings or structures put up before the general plan for the utilization of land and unconformable to the general plans are not allowed to be rebuilt or expanded. Article 65 In one of the following cases, the rural collective economic organizations may recover the land use right with the approval of the people's government that gives the approval for the use of land: 1. Land needed for building public facilities and public welfare undertakings of townships (towns) and villages; 2. Land not used according to the purposes approved; 3. Land not used any more due to cancellation or removal of the original units. Proper compensation shall be given to land users in the case of recovering the land owned by peasant collectives provided for in item 1 of the preceding paragraph. A-8

154 Regulation on Expropriation and Compensation of Houses on State-owned Land Article 8 In order to meet the public interests such as safeguarding the state security and promoting national economic and social development, the house expropriation is definitely needed for any of the following conditions. Then the city or county people s government can make the decision of house expropriation. (1) the need of national defense and foreign affairs; (2) the need of infrastructure construction for energy, transport, and water conservancy organized and implemented by the government; (3) the need of public affairs for science and technology, education, culture, health, sports, environmental and resources protection, disaster prevention and mitigation, cultural relic protection, social welfare, and municipal utilities organized and implemented by the government. (4) the need for low-income house organized and implemented by the government; (5) the need for reconstruction of the dangerous houses and poor infrastructure district in accordance with the relevant provisions of the urban and rural planning organized and implemented by the government; (6) the need for other public interests needs set by laws, administrative rules and regulations. Article 10 The house expropriation departments makes an initial draft for expropriation and compensation and submit to city or county people's government. The city or county people's governments shall organize relevant departments to demonstrate and publish the expropriation and compensation draft to ask for public opinion, the period of which should not be less than 30 days. Article 12 Before the city or county people's government makes the decision of house expropriation, the government should make a social stability risk assessment. If the amount of house expropriation is large, it should be discussed and decided by the executive meeting of the government. Before the decision of house expropriation is made, the fund of expropriation and compensation should be in full amount in place, be deposited in special account and used only for this purpose. A-9

155 Article 13 After the decision of house expropriation was made, the city or county people s government should announce it in time. The announcement should include the house expropriation and compensation plan, the rights for the administrative reexamination and administrative proceedings and so on. The city or county people's governments and the house expropriation department should do well in propagating and explaining the house expropriation and compensation. The house is expropriated legally, at the same time, the use rights for state-owned land is also taken back. Article 16 After the range of house expropriation is determined, it is banned to newly build, expand, and rebuild houses and to change the use of houses for more unreasonable compensation; no compensation will be paid to the implementation against the regulations. The house expropriation department should inform the relevant departments the abovementioned behavior in written form to suspend relevant procedures. The written form should make the period of suspension clear, which should be no longer than one year. Article 17 The compensation to the expropriate by the city or county government that make the decision of house expropriation should include the following: (1) Compensation for the value of expropriated house; (2) The compensation for moving house and temporary shelters caused by house expropriation; (3) The compensation for production shut-down or business shut-down caused by house expropriation. The city or county people's government should formulate subsidies and incentive measures to subsidize and reward the expropriated household. Article 19 The compensation of the expropriated house should not be lower than the market price of the similar house on the publish date of the house expropriation decision. The value of expropriated house is decided by the qualified house evaluation organs according to the formulations of expropriated house evaluation. Article 21 The expropriated household/entity can choose monetary compensation or choose house property right exchange. A-10

156 Article 25 Based on the provisions of this regulation, the house expropriation department and the expropriate sign compensation agreement on compensation method, compensation amount, payment period, the location and area of the house for property right exchange, moving fee, temporary relocation fee or temporary shelter house, production shut-down and business shut-down loss, time limit for removal, the transition way and transition period, and so on. After the signing of the agreement, if one party does not fulfill the appointed obligation in the agreement, the other party can lodge a lawsuit according to law. Article 26 If the house expropriation department and the expropriate cannot reach a compensation agreement during the signing period defined by the house expropriation plan, or the owner of the expropriated house is not clear, the house expropriation department reports to the city or county people s government to make compensation decision and shall make public announcement in the house expropriation range according to the provisions of this regulation and the house expropriation plan. The compensation decision should be fair, including the relevant compensation agreement in Item 1, Article 25 of this regulation. If the expropriate refuses to accept the compensation decision, he can apply for administrative the administrative reexamination or lodge a lawsuit according to law. Article 27 The implementation of house expropriation shall compensate first and then move. After the city or county people's government that makes the house expropriation decision compensates the expropriated household/entity, the expropriated household/entity should finish moving within the deadline defined by the compensation agreement or compensation decision. No unit or individual can force the expropriate to move by violence, threat or illegal ways such as cutting off water supply, heat supply, gas supply, power supply and traffic, and the construction unit is banned to take part in the removal activity. Article 29 The house expropriation department shall establish house expropriation and compensation files according to laws, and publish compensation for each household for the expropriate in the house expropriation range. Regulations of XUAR for the Implementation of the Land Administration Law of the PRC A-11

157 Chapter 1 General Provisions Article 2 These Regulations shall be complied with by all those who engage in land protection, development, utilization, supervisory and administrative activities within the jurisdiction of Xinjiang Uygur Autonomous Region. Article 6 State-owned land shall be used on a compensated basis according to law, and shall not be invaded, traded or transferred illegally by any entity or individual in any form. Governments at all levels shall take stops to plan, strictly manage, conserve and develop land resources, and prohibit illegal land occupation. Chapter 2 Land ownership and use rights Article 8 Users of state-owned land and owners or users of collective land must apply for land registration with the administrative authority for land of a county-level or above government, and obtain a permit to use state-owned land or certificate of ownership or permit to use collective land. Chapter 3 Farmland protection and land reclamation Article 20 A compensation system for farmland occupation is practiced in Xinjiang Uygur Autonomous Region. Anyone who occupies farmland for nonagricultural construction with approval must be reclaim farmland of the same amount and quality as the occupied farmland or obtain it by land consolidation; where conditions do not permit farmland reclamation, farmland reclamation fees shall be paid at a rate of 15,000-45,000 yuan per hectare based on the rating of the occupied farmland to be used specifically for farmland reclamation. Article 21 Anyone who occupies basic farmland with legal approval and has to pay farmland reclamation fees shall pay such fees at 1.5 times the rate for ordinary farmland reclamation. Article 25 The following types of land shall not be reclaimed: (1) Prohibited areas identified in overall land utilization plans; (2) Natural hay fields, artificial grasslands, fenced grasslands and high-grade grasslands; (3) Woodland and river or lake flat; (4) Sloping land with a gradient of over 25 degrees and desert land exposed directly to sandstorm; and (5) Areas whose ownership is disputed. Chapter 4 Land for Construction Article 31 The examination and approval procedures for converting agricultural land to construction uses shall be gone through in accordance with the following provisions in case land is occupied by state construction. A-12

158 (1) In the range of the land for village and town construction defined in the overall planning of township land utilization, the use of the land collectively owned by farmers and herdsmen for construction of township and village enterprises, rural common facilities, public utilities, rural roads, water conservancy projects and other facilities is subject to the approval of autonomous prefecture or municipal people s government or administrative office according to the control quotas defined by the yearly plan for land use. (2) In the range of the land for village and town construction defined in the overall planning of land utilization, the use of the land for implementation of the planning is subject to the approval of the People s Government of the autonomous region or shall comply with the provisions of the laws and regulations approved by the State Council. Article 35 Land expropriated for state construction shall be compensated according to the following standards: (1) 8 to 10 times the annual output value of local cultivated land shall be compensated for expropriated basic farmland; (2) 7 to 9 times the annual output value of local cultivated land shall be compensated for expropriated irrigable land and fish pond other than basic farmland; (3) 7 to 8 times the annual output value of local cultivated land shall be compensated for expropriated dry cultivated land other than basic farmland; (4) 6 to 7 times the annual output value of local cultivated land shall be compensated for expropriated forest land, artificial grassland, house site, rural road, threshing floor and other lands; (5) 6 times the annual output value of local grassland shall be compensated for expropriated natural grassland; The land as sated in Point (1), (2), (3) and (4) expropriated for construction of major transport, water conservancy and other projects approved by the state or the autonomous region shall be compensated 6 times the annual output value of local cultivated land. The output values of all types of cultivated lands and grasslands shall be determined to the average annual production value of the three years before requisition. Article 36 The young crops and their attachments on expropriated land shall be compensated to the following standards: (1) Common young crops shall be compensated to their average output value of in the last three years. Young root crops shall be compensated to 2 to 3 times their average output value of in the last three years. A-13

159 (2) The buildings, structures, other facilities and forest trees on expropriated land shall be compensated according to the actual losses under the relevant stipulations. (3) For the relocation of the tombs on expropriated land, the local people s government makes an announcement on and time limit of and reimbursement for rebury in pursuance of the relevant prescriptions. Unclaimed tombs and those having not been relocated within the time limit will be removed by the associated department as organized by the local people s government. Article 37 The relocation subsidy for expropriated arable land shall be paid under the Land Administration Law of the PRC, Article 47, Clause 2. The relocation subsidy may be appropriately increased provided that the per capita arable land is less than 0.1 hectare before land requisition. However, the total sum of the land compensation and relocation subsidy for expropriated land shall not exceed 30 times its average annual output value before land requisition. The relocation subsidy for expropriated fish pond shall be paid with reference to that for adjacent cultivated land. The relocation subsidy for expropriated forest and grass lands shall be determined with reference to that for cultivated land requisitioned. No relocation subsidy shall be paid for the requisition of house sites, rural roads and threshing floor. Article 39 The compensation for expropriated rural land of collective economic organization is owned by the rural collective economic organization. The compensation for the attachments and young crops on the land is owned by their respective owners. The collective economic organization expropriated of land shall make the incomings and outgoings of the compensation for land requisition to its members and subject itself to supervision. Misappropriation and peculation of the compensation for the land requisition and other related funds are prohibited. Article 40 When the people expropriated of land are to be resettled by a rural economic organization, the resettlement subsidy shall be paid to the organization, which manages and uses the money according to laws. If they are to be resettled by other organization, the resettlement subsidy shall be paid to the corresponding resettling organization. In case no unified resettlement is required, the resettlement subsidy shall be paid to the individuals to be resettled or used for pay their insurance expense with their approval. The resettlement subsidy shall be earmarked its specified purposes only without peculation. Municipal, county and township governments shall enhance the supervision of the use of resettlement subsidy. Article 46 The areas of the house sites of rural villagers shall follow the following standards (by county for per capita cultivated land). A-14

160 (1) The area of the house site of each household shall not be greater than 200m 2 if the per capita cultivated land is less than 0.04 hectare. (2) The area of the house site of each household shall not be greater than 300m 2 if the per capita cultivated land is 0.04 to 0.07 hectare. (3) The area of the house site of each household shall not be greater than 400m 2 if the per capita cultivated land is 0.07 to 0.1 hectare. (4) The area of the house site of each household shall not be greater than 500m 2 if the per capita cultivated land is 0.1 to 0.14 hectare. (5) The area of the house site of each household shall not be greater than 600m 2 if the per capita cultivated land is 0.14 to 0.34 hectare. (6) The area of the house site of each household shall not be greater than 800m 2 if the per capita cultivated land is over 0.34 hectare. The above standards for the areas of house sites may be appropriately raised up to twice if unused lands are used for building houses. State development and Reform Commission, Ministry of Finance issued about prairie restoration fees and related issues (the new change fees [2014] 1679th) Issued Prairie vegetation recovery fee of file (new sent modified charges [2014] 1769th,), according to autonomous regions Department of finance, and development reform Board, and livestock Office Xinjiang Uyghur autonomous region, Prairie vegetation recovery fee levy using management approach (new fiscal non-tax [2012] 7th,), we combined autonomous regions layoffs vegetation recovery cost, developed has I district Prairie vegetation recovery fee levy standard and the about matters notification following: 1) Collection scope of grassland vegetation recovery payments In autonomous regions territory for engineering construction and mineral mining long-term using Prairie of units and personal, in Prairie Shang engaged in geological survey, and road, and prospecting, and erection (laying) pipeline, and construction tourism points, and television shooting, temporary occupied Prairie of units or personal, in Prairie Shang engaged in take soil, and mining, job activities of units or personal and collection or acquisition Prairie wild plant of units or personal, should to Prairie administrative competent sector or its delegate of Prairie supervision station (by) paid Prairie vegetation recovery fee. 2) Standard of grassland vegetation recovery payments Rich grassland types in our region. Mainly including desert grassland, steppe type grassland, meadow type grassland, Marsh, Prairie four classes, grasslands vegetation restoration cost in accordance with the charges for different types of grassland. Specific criteria are as follows: A-15

161 i) Construction units or individuals of long-term use of grasslands to provincial Prairie Grassland supervision of administrative authority or its delegate pay a fee for grassland vegetation recovery. Vegetation restoration fee payment standard: class of desert grassland for 1500 Yuan/mu and steppe type grassland for 2000 Yuan/mu, meadow type grassland for 2500 Yuan/mu, swamp type of grasslands for 3000 Yuan/mu. ii) Long-term use of artificial grassland in issuance of grassland use right certificates, according to swamps class standard will be paid 3000 Yuan/mu of grassland vegetation restoration cost. iii) Construction, surveying, tourism temporarily occupy grassland (uses the Prairie period not exceeding two years) and did not comply with recovery obligations of the entity or individual, Prairie administrative departments at and above the county level grassland supervision station pay fee for restoration. Temporary occupation of grassland vegetation recovery fee payment standard: prospecting, drilling, construction of the underground project will pay restoration fee for 500 Yuan/mu; temporary activities, materials dump for 400 Yuan/mu; film making will be paid for 300 yuan/mu, engaged in tourism activities for 67 Yuan/mu ; soil and mining activity will be paid for 1000 Yuan/mu. Units and individuals use grasslands for mineral resources development, appropriate standards on the basis of the 30% mentioned above, pay fee for grassland vegetation. "Autonomous notice on the promulgation and implementation of a unified annual output value standard " (Xinjiang MLR [2011] No.19) Yili Kazak Autonomous Prefecture Land and Resources Bureau, Development and Reform Commission, the Financial Bureau, around the City Land Resources Bureau, Development and Reform Commission, the Financial Bureau: Autonomous land unified annual output value standard has been approved by the regional government, are hereby promulgated. After January 1, 2011, land for construction of new reporting, involving imposition of collective farmland, garden compensation standards here. Former Autonomous Region Development Planning Commission, Ministry of Finance "On Land and Resources issued the autonomous system of land management administrative fees notice" ( New Price house 500 [2001]) Note A, and table Note C adjusted accordingly Please do a good job around the convergence of old and new compensation standards work, increase efforts to explain the policy advocacy, and effectively safeguard the interests of landloss farmers and herdsmen. Accessories: autonomous land unified annual output value standard A-16

162 Degree Compensation standard (yuan/mu) Note Collective land compensation standard First grade collective land Second grade collective land Third grade collective land This table standard applies to arable cultivation of food crops. 2, the annual output value of farmland planted specialty crops, vegetable, orchard farmland should be higher than the first-class standard table; cotton fields should be paid at maximum of 1.5 times; orchard may not exceed two times; vegetable may not exceed three times; grapes ground shall not exceed 4 times. Other crops actual annual output estimates Standard of resettlement subsidy Per capita arable area (mu) Times of resettlement subsidy standard >3.0 mu <1.0 mu 30 times of the sum of land compensation fees and resettlement subsidy Note: The land compensation and resettlement subsidies multiples of two and 20 times the compensation shall not be less than the base. Land compensation fee is generally 8 times. Table Notes to Document [XJJF (2001) No.500] Appendix 1 Table 1.1 Calculation bases of farmland compensation Unit: Yuan/mu Class I (High-yield) II (High-yield) III (High-yield) Level Notes 1. These rates apply to farmland on which cereal crops are grown; 2. For farmland on which special crops are grown, vegetable plots and orchards, annual output values shall be higher than that of Grade I farmland; that of cotton land may be up to 1.5times, that of orchards up to 3 times, that of grape land up to 2 times, and that of other cash crops measured at actual annual output value. Note: the amount of land compensation and resettlement subsidy can t lower 20 times than compensation standard; land compensation is 8 times. A-17

163 Table 1.2 Calculation bases of grassland land compensation Unit: Yuan/mu Level Base amount Class I Excellent/good II Medium III Inferior Table 1.3 Standard of resettlement subsidy Per capita arable area (mu) Multiple of average annual output value of the past 3 years >3.5 mu <0.5 mu 30 times of the sum of land compensation fees and resettlement subsidy Table 1.4 Standard of compensation fees for urban state-owned land Unit: Yuan/m 2 Entity Within built-up area Out of built-up area Urumqi Municipality Karamay, Shihezi, Kuytun, Changji, Bole, Yining, Fukang, Korla, Altay, Turpan, Hami, Aksu, Artux and Hetian Municipalities Other counties (cities) 15 8 Other townships 6 2 Table 1.5 Compensation rates for timber and commercial forests Item / species Unit Tree specification (breast diameter, cm) Compensation rate (Yuan) / <5cm Broad-leaf forest / 5-15cm / 13-30cm / >30cm 45 Coniferous forest / <5cm A-18

164 Fruit tree Grape / 5-15cm / 13-30cm / >30cm 90 / <5cm / 5-15cm / 13-30cm / >30cm 120 / Not bearing fruit below 3 years / Bearing fruit above 3 years Note: The forest compensation fees of Zhengbo Reserve are higher by 50%. Table 1.6 Compensation rates for scrub forests Close canopy (%) Rate (yuan/mu) > Table 1.7 Rates of management fees for temporary land uses Nature of land Land type and area Rate Remarks Land for infrastructure construction projects, such as energy, traffic, water resources, communication and investigation 20 yuan/year*mu Any period less than one year shall be counted as one year, as and more than one year but less than two years as two years. Operating temporary land uses Within built-up area 1-2 yuan/month*m 2 Out of built-up area yuan/month*m 2 Within built-up area yuan/month*m2 Other temporary land uses Out of built-up area yuan/month*m 2 A-19

165 Appendix 2: Resettlement Information Booklet (RIB) (Name of affected person) In order to relieve traffic congestion, and improve road safety and the county town s overall image, Fukang City Government (executing agency) plans to use part of an ADB loan to implement a municipal infrastructure in Fukang City, which is one of components of the ADBfinanced Xinjiang Changji Integrated Urban-Rural Infrastructure Demonstration Project. The Project will affect your family (entity) to some extent. This booklet is provided to you so that you understand the basic information of the Project, state policies on land acquisition, house demolition and resettlement, and possible impacts on you. I. Composition of the Project Fukang urban and rural infrastructures construction of demonstration subproject is one of subprojects in Xinjiang Changji urban and rural infrastructure construction demonstration project, which is financed by Asian Development Bank (ADB). The subproject includes five parts: (i) Road Construction: extension and reconstruction of 14 roads with km lengths, including 5 newly build roads and 4 upgrading roads with a total length of km in Fukang City; 5 newly build roads with a total length of 3.35 km, in Ganhezi Town; (ii) Urban Public Pipe network:(a) Water Supply: the total installation of m water supply pipeline with the diameter of dn, including m of pipeline in Fukang City and 3948 m in Ganhezi Town; (b) Water Drainage: installation of m drainage pipeline, the diameter is de , the material is HDPE, and 470 of drainage inspection well, including m pipeline and 355 of drainage inspection well in Fukang City and 3886 m pipeline and 115 of drainage inspection wells in Ganhezi Town; (c) District Heating: installation of m hot water pipeline, the diameter is dn , and the material is Q235-B; Installation of m hot water pipeline, the diameter is dn , and the material is Q235-B in Ganhezi Town. (iii) Ecological restoration project: the total restoration area is 6,860,629 m 2 (10291 mu). Including greening efficient water-saving projects of S303 road, Shelter forest project of Beihuan road, ecological shelter forest project in south mountain area; (iv) Vocational Education Project: build an employment training center as well as the workshop, with a total building area of m 2 ; (vi) capacity building in (a) strengthen technical and vocational education and training at Fukang City Senior Secondary Technical School; and (b) subproject management of implementing agency and subproject implementation units. II. Impacts of the Project Land acquisition (LA) and house demolition (HD) of the subproject will affect 3 town (Chengguan town, Shanghugou Township, Sangong township), 6 villages (Yuergou, Huangyakeng, Tougong, Banganliang, Baiyanghe and Sigong), and 1386 people from 261 A-20

166 households will be affected, in which 1225 persons from 219 households are ethnic minorities, accounting for 88.38% of the total affected persons (APs). 31 families with 135 members are affected by HD only, and 230 families with 1251 members by LA only, (113 people from 28 households are affected by land acquisition, including ethnic minorities 48 people from 10 households; and the grassland acquisition of shelter forest project will affect 28 grazing groups with 1138 people from 202 households, and all these people are Kazak) grassland. A total land of mu will be acquired permanently, 1251 people from 230 households will be affected(land acquisition will affect 113 people from 28 households, including ethnic minorities 48 people from 10 households; and the grassland acquisition of shelter forest project will affect 28 grazing operation groups 1 with 1138 people from 202 households, and all these people are Kazak,), and 1186 people from 212 households are ethnic minorities, including (i) mu of cultivated land (nursery land), affect 28 households 113 people, including 10 households 48 ethnic minorities; (ii) mu collective Homestead land, affected populations are included in the population to be demolished without further calculation. The shelter forest component will acquire 8958 mu Class 2 Grade 2 grassland and affect 28 grazing groups with 1138 people from 202 households; including S303 shelter forest component acquired 3311 mu Class 2 Grade 2 spring grassland in Baiyanghe village, affected 19 grazing groups with 842 people from 144 households, all of whom are Kazak; south mountain area shelter forest acquired 5647 mu Class 2 Grade 2 autumn grassland in Sigong village, affected 9 grazing groups with 296 people from 58 households and all these people are Kazak m 2 of house area will be demolished, affect in total of 31 households with 135 people (7 households 39 minorities); including m 2 in Fukang City, affect 31 households with 135 people (7 households 39 minorities); 1 household family-commercial shop 2 with an area of m 2 will also be demolished, the affected people has included in the population to be demolished without further calculation. Ganhezi: build 5 new roads, after survey and making confirmation from land resource 1 Grazing operation Group: the pasture is partitioned on grazing operation groups, one grazing operation group consists of several households, that is to say several or dozens of households operate a pasture plot together, they are called one grazing operation group (or grazing group). The pasture will distribute to grazing group instead of single household. As for the acquired pasture land in the subproject, the compensation funds will be paid to the leader of grazing group, and then distribute to each affected household evenly. 2 Family-commercial shop: the shop used to be residential house, in order to do some small business, the owner of the house partition a small part of house into shop, and live in the other part of house. In a word, the owner of the house will live in backyard, and operate the small family-shop in the foreyard. A-21

167 bureau, the 5 roads accounting an area of mu, all these land are state-owned construction land, no ground fixtures and affected people or enterprises will be involved.. After field survey, there is no enterprise will be involved. III. Compensation Standards 3.1 Compensation Standards for Cultivated Land According to the Reply on the Uniform AAOV Rates for Land Acquisition of XUAR (XG [2010] No.323) and the Implementation of Autonomous Public Notice on Unified Annual Output Value Standard (XL&R issued [2011] No.19, compensation is paid, and the compensation standards for cultivated land are showed in Table 1. Table 1: Unified Annual Output Values of Cultivated Land Degree Grade I cultivated land Grade II cultivated land Grade III cultivated land Annual Output Value (CNY/mu) Note 1, This table standard applies to arable cultivation of food crops. 2. The annual output value of cultivate land planted specialty crops, vegetable, orchard cultivate land should be higher than the first-class standard table; cotton fields should be paid at maximum of 1.5 times; orchard may not exceed two times; vegetable may not exceed three times; grapes ground shall not exceed 4 times. Other crops actual annual output estimates Source: Fukang Land and Resource Bureau Table 2: Times of Basic Compensation Rates Per capita cultivated land (mu) Times of unified annual output values Above 3.0 mu Less than 1.0 mu Source: Fukang Land and Resource Bureau 30 times the sum of land compensation and resettlement subsidy Note: the compensation after times of the sum of land compensation and resettlement subsidies must beyond 20 times of the compensation standard. It is generally 8 times for land compensation. According to the survey, the land acquisition compensation standard of XUAR is based on the Unified Annual Output Value, land location factors, social economic conditions, and the income of the farmers, to promise that the living condition of the farmers will not be decreased because of the LA, and guarantee their long term livelihood: the LA compensation Unified Annual Output Value base is: class 1 cultivate land 1200 yuan/mu, class yuan/mu, class yuan/mu, because of the development and the update of the crops and the improvement of A-22

168 planting, the LA compensation Unified Annual Output Value has been improved by the XUAR government in 2010 (Table 4-2). The Unified Annual Output Value is based on the annual output and market price of the main crops under the main cropping system, Annual Output Value = Average annual crop yield the price of the crops, therefore it is also the replacement cost. Through the survey, Unified Annual Output Value of Fukang is 1000 yuan/mu, but in accordance with the benefits of the farmers and according to the document of Agreement on Approving the annual output value of the land requisition of XUAR (New Deal Letter No. [2010]323), the annual output value base is compensated as 1500 yuan/mu; the cultivate land compensation is yuan/mu (do not included the young crops compensation), it is about 25 times of the income of the annual output value. Second round of collective land contract for a period of 30 years, it starts from 1998 and end in 2028, there are still 12 years of use rights. From the survey we found that Annual Output Value of the crop is 1000 yuan/mu, then 12 years is yuan/mu; while the annual output value of compensation is 1500 yuan/mu, the compensation ratio is 25 times, it is in total of yuan/mu, that is to say, the compensation price is higher than the Output value of remaining land (12 years). Both the collective cultivate land and state-owned cultivate land are adapted to the document of Agreement on Approving the annual output value of the land requisition of XUAR (New Deal Letter No. [2010]323) and the Implementation of Autonomous Public Notice on Unified Annual Output Value Standard (XL&R issued [2011] No.19). For the collective land acquisition of Banganliang village, Fukang Land Bureau division criterion in accordance with the type of crops, cultivated land quality grade and in accordance with the Implementation of Autonomous Public Notice on Unified Annual Output Value Standard (XL&R issued [2011] No.19). The land grade compensation base is calculated according to the land grade and the variety of the planting crops, and the resettlement compensation will be decided according to the quantity of the cultivated land per capita; during the preparation of the RP, the Fukang PMO, Land and Resource Bureau consulting with the Banganliang village, finally it determined that the land compensation will be paid in 10 times of the compensation base, and the resettlement compensation will be paid in 20 times of compensation base. The detailed compensation standard sees in Table 3. Land type Table 3: Compensation Standards of State-owned Cultivated Land Land compensation Resettlement subsidy Cultivated land 1, = CNY15,000/mu 1, = CNY30,000/mu Source: Fukang Land and Resource Bureau Compensation standard (CNY/mu) Young corps Compensation will be paid according to species and diameters of the crops Total 45,000 A-23

169 Compensations for young crops: (i) general farm young crops compensation will be paid according to the crops on ground, if no crops on ground, it will not be compensated. The compensation will be paid according to species and diameters of trees of nursery; and (ii) ground attachments will be compensated in accordance with the actual input costs. In consideration of the benefits of the farmers of Banganliang and the less per capita arable land; through several times of consulting and discussion, the Fukang PMO decided to paid the endowment insurance subsidy yuan/mu one time to the land loss farmers, through paid the endowment insurance to make sure that the farmers can get a long terms of basic life support. The detailed information of endowment insurance subsidy see in section 5.3. All the land compensation, resettlement subsidy, young crop compensation and attachments compensation will be paid to the affected population directly, in accordance with Article 26 of the "Regulations for the Implementation of Land Administration Law"-The land compensation paid to the rural collective economic organizations", and later all the villagers will have meetings to discuss how to use the compensation. All the compensation for occupied various collective land and uncontracted land of collective village will be paid to the village collective directly. The village uses the compensation fees to construct the basic infrastructures, through the consulting with the villager representatives, because the land belonging to the whole village, so the compensation will be paid directly to the village; but in consideration of the farmers benefits the village committee will leave 8000 yuan/mu land compensation fee, and use it to improve the infrastructures of the village like dig wells and given tap water and so on, and give the rest of 7000 yuan/mu to the affected farmers directly; and the resettlement compensation, young crops compensation and endowment insurance subsidy will be paid directly to the affected farmers. 3.2 Compensation Standards for Grassland As for grassland compensation standard, the project involved grassland belong to Class 2 Grade 2 grassland, and not involved the cultivate land occupation, according to Xinjiang Uygur Autonomous Region Development and Reform Commission, Ministry of Finance issued [2010] 2679 document Notice on Adjusting Charge Standard of Compensation and Resettlement Fees in Grassland, a new charge standard will be implemented based on it. Compensation standard in grassland shall be 4-10 times of average annual output value of three years of the grassland prior to the requisition; as for resettlement subsidy standard, shall be 4 times of average annual output value of three years of the grassland prior to the requisition, and shall not exceed 15 times of that to the maximum. Abovementioned grassland compensation fee and resettlement fees shall not exceed 30 times of the average annual output value three years of the grassland prior to the requisition. A-24

170 For the temporary occupation of grassland, including dredging, mining, gold mining, geology exploration and the installation of the network and so on, it shall pay the temporary compensation for use the grassland, the compensation standard based on the grassland compensation base. Units and individuals to acquire or dig grassland medicinal plants or grassland economic plants, according to 5% to 10% of the purchase price of the year to pay the grassland medicinal (economic) plant resources compensation. Administration departments in Xinjiang Uygur Autonomous Region, along with departments in charge of price and finance issue, should further improve periodic evaluation and adjustment mechanism on grassland value, to regularly assess the value of grassland and determine the compensation base of grassland. The mechanism shall be promulgated and implemented after getting the approval from government of Xinjiang Uygur Autonomous Region. The charging unit should handle < Charging license> change procedures timely at the Department in charge of prices, and use the financial bills that are uniformly printed by the financial department, consciously accept the supervision and inspection of the herdsmen and price department, financial department and other departments. The implementations of this inform will start from the following time. If the original documents the <notice on grassland supervision fees> (XinJiaFeiZi 1999 and No. 3) of the Autonomous Regional Price Bureau and Finance Department and the document <Notice of the supplementary provisions on the standards for fees for grassland supervision fees> (XinFaGaiJiaFei [2005] No. 1138) of Autonomous Region Development and Reform Commission and Finance Department are inconsistent with this inform, then please based on this inform. Requisition standard of all the grassland in this project will be in accordance with [2010] 2679 document Notice on Adjusting Charge Standard of Compensation and Resettlement Fees in Grassland. To the permanent occupied grassland, according to the Xinjiang Uygur Autonomous Region Development and Reform Commission, Department of Finance issued < about to adjust the grassland compensation and resettlement fees notice >, the PMO and grassland supervision station consult with the affected people, grassland compensation will be in accordance with 10 times the compensation, the project involved grassland are belong to Class 2 Grade 2 grassland the compensation fee is 148 yuan/mu 10 times = 1480 yuan/mu, resettlement subsidy standard, shall be 6 times of average annual output value of three years of the grassland prior to the requisition, that is 888 yuan/mu, the compensation base will be calculated in accordance with the level of grassland; according to the policy the grassland compensation fee will be payed to the grassland supervision station and then pay to the county finance, as the cost to restore the grassland, the project office to take into account the herdsmen's vital interests, the resettlement A-25

171 subsidies distributed to all affected herders. The details see in Table 4 and 5. Grade Base amount Level Table 4: Calculation base table for compensation of forage grass I Excellent/good Unit: yuan/mu II Medium III Inferior Data Source: Fukang Grassland Supervision Station (2016) Land type Table 5: Compensation Standards of Grassland Grassland compensation Compensation standard (CNY/mu) Resettlement subsidy Total Grade Cultivated = CNY1480/mu 148 6= CNY888/mu 2368 land Source: Fukang Grassland Supervision Station (2016) 3.3 Compensation Standard for Collective Homestead Class 2, grade 2 For permanent acquisition of collective homestead, the compensation standard is referring to Fukang City District Benchmark Premium in 2015, and the compensation standard of stateowned residential land and collective homestead are the same, the detailed compensation standards are shown in Table 6. Table 6: Standards of Benchmark Land Price in Fukang City Level Commercial Land Residential Land Industrial Land Grade I Grade II Grade III Grade IV Compensation Standard for Residential House Demolition HD compensation will be in accordance with the Acquisition and Compensation Ordinance for Houses on State-owned Land promulgated by Xinjiang Uygur Autonomous Region People's Government on January 1, Full consultation with APs will be conducted and the real estate market price fluctuation of the houses will be considered. The final compensation price will be determinate according to results of a housing real estate appraisal and survey company after the on-site assessment. The HD compensation includes not only compensation for housing structure but also the state-owned residential land and homestead compensation. Specific compensation A-26

172 standards are shown in Table 7. The HD compensation price and the collective Homestead compensation price in Fukang City are determined by the results of a housing real estate appraisal and survey company after the on-site assessment, and the evaluation price will changed in accordance with the market price and the location index, therefore the Homestead compensation fee in Ankang road, Guangyuan road are a little higher than that in Ruiying road. The detailed see in Table 7. Table 7: Compensation Standard of Residential House Demolition Structure Unit Compensation standards yuan/ m2 Ankang road Guangyuan road Ruiying road Masonry concrete yuan/m Masonry timber yuan/m Earth timber yuan/m Masonry earth timber yuan/m Simple shed yuan/m yuan/m yuan/m yuan/m 2 Moving Subsidy Temporary transitional subsidy Benchmark Land Price for this subproject Guangyuan road 400 yuan/m 2 Only compensate for the vacant land in yard. Ankang road 400 yuan/m 2 Ruiying road 360 yuan/m 2 Other subsidy yuan/hh yuan/month 1000 Source: Fukang City House Demolition Management Office Calculated in 18 months temporarily, the subsidies will be paid one time, according to the actual situation. 3.5 Compensation Standard for Home-commercial shop The construction of Ruiying road will involve 1 home-commercial shop demolition with an area of m2, and has included in HD affected people. The affected people change the residential house along the street into shops, to sold daily living goods, and the annual income is about yuan. According to the relevant policy, the compensation fee will be paid as the residential house compensation standard. But in accordance with the interests of the affected people and through several times of discussion, it will be paid as 3318 yuan/mu, which is higher than the residential house in Ruiying road, the detailed information see in Table 8. Table 8: Compensation Standard of Residential Home-Commercial Demolition Structure Unit Compensation Remark A-27

173 standards yuan Masonry concrete yuan/m Other subsidy Moving Subsidy yuan/hh Temporary yuan/month 1000 transitional subsidy Source: Fukang City House Demolition Management Office Calculated in 18 months The resettlements of the Home-commercial shop will in accordance with the location, traffic situation, monthly turnover, shop area and structure to consulting with the affected people, it can exchange a same area business shop along the street or choose the cash compensation. the operation income loss will be compensated in accordance with the actual loss. According to the survey, the shop located in the rural area, the highest income is about 1000 yuan/month and also 700 yuan to 800 yuan/month too. And the age of shop owner is over 70 years old, opening the shop is not very convenient for him, he used to decide to close the shop; they choose the cash compensation, if the house demolished; they want to use the compensation fee to buy a new house in the city to spend the rest days of their life. 3.6 Compensation Rates for Attachments Compensation standards of attachments and special facilities affected by the subproject are shown in Table 9. ulmus laevis Table 9: Compensation Rates for Attachment and Facilities Item Compensation standards yuan Total Nature Brick toilet Individual Methane tank Individual soil vegetable cellar Individual brick vegetable cellar Individual Well Individual Barbed Individual Pine 90 1 Individual Chinese wolfberry 60 1 Individual Landscape seedling Individual Grapes Individual Ulmus 5cm 20 4 Individual Apricot 5cm Individual Hawthorn Tree 15cm Individual 5cm 20 5 Individual 10cm 25 2 Individual 20cm 35 2 Individual Poplar tree 15cm Individual A-28

174 Apple tree Peach tree Fruit tree 35cm-45cm 55 2 Individual 5cm Individual 10cm Individual 15cm Individual 5cm 45 1 Individual 5-10cm 60 1 Individual 10-15cm Individual 15-20cm Individual <5cm Individual 5cm Individual 10cm Individual 15cm Individual White wax 5cm Individual Plum tree Jujube tree Elaeagnus angustifolia tree Elm 5-10cm Individual 10-15cm Individual 15-30cm Individual 5cm Individual 10cm Individual 5cm 55 3 Individual 75 1 Individual 25cm Individual <5cm 2 12 Individual 5-10cm Individual Individual 10-15cm Individual 15-20cm Individual 20-25cm Individual 25-30cm Individual 30-35cm Individual 35-40cm 55 5 Individual 45-50cm 65 4 Individual >50cm 85 2 Individual Source From Fukang City House Demolition Office in July 2016 IV. Entitlement Matrix A-29

175 Table 10: Entitlement Matrix Type of Impact Impact Scope APs Entitlements Compensation Policy and Rates Permanent Acquisition of Collective Land mu of cultivated land (nursery land), affect 28 households 113 people, including 10 households 48 ethnic minorities in Banganliang village affect 28 households 113 people, including 10 households 48 ethnic minorities in Banganliang village 1 Rights: (i) the affected village will received 8000 yuan/mu land compensation, the use of the compensation will be determined by the whole village. (ii) the farmers will receive 7000 yuan/mu of land compensation, and 100% of resettlement subsidy and young crops compensation. (iii) can receive yuan/mu of endowment insurance subsidy (iv) land-loss farmers can participate in endowment insurance; (v) during project construction, the PMO will provide unskilled job priority to APs, so that the APs will generate cash income; and (vi) the PMO will provide technical training for APs, inviting the technical staffs from agricultural sector and the labor and social security bureau to carry out trainings on farming and non-agricultural production, and make sure all APs received the training at least 2 times.. Measures to restore the livelihood of APs include: (i) with the help of cash compensation, APs can engage in nonagricultural activities, such as transportation or business; (ii) the land can be transferred and take rent to increase the family income. (iii) the village committee bring the money to build the business shop along the street. (iv) Village collective funds to build a business Cultivate land compensation standards land compensation is yuan/mu, resettlement compensation I yuan/mu, because all of the acquired land in this subproject are belonging to nursery land, the young crops calculated by types and grades of diameters. In addition there is yuan/mu endowment insurance subsidy. A-30

176 Type of Impact Impact Scope APs Entitlements Compensation Policy and Rates Impacts of Grassland Land Occupation (Ecological restoration project) The ecological restoration project will acquired 8958 mu Class 2 Grade 2 grassland and affect 28 grazing groups in 202 households with 1138 people, all these people are Kazak; including S303 shelter forest project acquired 3311 mu Class 2 Grade 2 spring affected 19 grazing groups with 842 people from 144 households in Baiyanghe village affected 9 grazing groups with 296 people from 58 households in Sigong village park and the income dividend model. (v) land-loss farmers can participate in social insurance, to maintain their income level; (vi) adjusting the agricultural structure, via the guidance and technical training from government, to expand the acreage of cash crops, and (vii) during the construction of the project, it will be given priority to the affected people to participate in the project services to increase their income. Rights: 1 get grassland compensation fee and resettlement compensation fee; 2 get husbandry training from husbandry department, at least 2 time per household Measures to restore the livelihood of APs include: (i) with the help of cash compensation, APs can by cars to take rent; (ii) land-loss farmers can participate in endowment insurance (iii) The use of compensation to buy good varieties, expand the scale of farming (iv) an participate in training to improve the level of herdsmen breeding, increase economic income A-31 grassland compensation standards the grassland belong to Class2Grade 2, the compensation basis is resettlement compensation is 888 yuan/mu, grassland compensation is 1480 yuan/mu, the grassland vegetation restoration fee2000 yuan/mu. The grassland compensation standards is 10 times of the average output value of the previous three years and the resettlement compensation fee is 6 times, the highest compensation cannot over 15 times and the total of grassland compensation and resettlement compensation cannot over 30 times of the average output value of the previous three years.

177 Type of Impact Impact Scope APs Entitlements Compensation Policy and Rates grassland in Baiyanghe village, affected 19 grazing groups with 842 people from 144 households; south mountain area shelter forest acquired 5647 mu Class 2 Grade 2 autumn grassland in Sigong village, affected 9 grazing groups with 296 people from 58 households and all these people are Kazak. The shelter forest project in Beihuan road acquired mu land, because of the construction of A-32

178 Type of Impact Impact Scope APs Entitlements Compensation Policy and Rates Impacts of House Demolition Beihuan road the LA has finished in 2012, according to the Safe Guard of ADB there need to prepare a DDR, see in Appendix. 31 households with 135 members (including 7 households with 39 minority people) are affected by the project. The demolished house are mainly the bungalow in the village, the structures are mainly brickconcrete, brickwood, earthwood, brickearth timber, simple shed in Fukang City, affect 31 households with 135 people (7 households 39 minorities) including 19 households with 90 people in Yuergou village and 12 households with 45 people in Tougong village. (i) Cash compensation. Fukang city: Ankang road: masonry-concrete structure for 3045yuan//m 2, masonrytimber structure for 2370 yuan//m 2, earth-timber structure for 2460 yuan//m 2, masonry-earth-timber structure for 2460 yuan//m 2 ; Guangyuan road: masonryconcrete structure for 3120yuan//m 2, masonry-timber (i) to assess the price to obtain housing at structure for 2640 yuan//m 2, earth-timber structure for replacement value compensation including 2310 yuan//m 2, masonry-earth-timber structure for 2490 house structure compensation, and the yuan//m 2 ; Ruiying road: masonry-concrete structure for 2970yuan//m 2, masonry-timber structure for 2670 compensation of state-owned residential yuan//m 2, earth-timber structure for 2385 yuan//m 2, land and homestead; (ii) voluntarily choose masonry-earth-timber structure for 2475 yuan//m 2 ; resettlement methods, including monetary Ganhezi: masonry-timber structure for 900 yuan//m 2, compensation, property right exchange, earth-timber structure for 600 yuan//m 2, simple shed for after the cash compensation to buy a 250 yuan//m 2.Moving subsidy is 1000 yuan/h and business shop or second hand shop; (iii) temporary transitional subsidy is 1000 yuan/h, and compensation standards of stated-owned residential choose the independent third evaluation land and collective homestead, the standards is 400 company agreed by both the PMO and the yuan/m 2 in Ankang road, Guangyuan road; and 360 affected people; (iv)to get moving subsidies, yuan/m 2 in Ruiying road,. temporary transition costs, relocation (ii) Property right exchanges: the compensation price for incentives. demolished houses will be determined based on house appraisal by the independent third evaluation company agreed by both the PMO and the affected people, and plus moving subsidy, temporary transition allowance, and land compensation fees, etc. The compensation prices for demolished houses will be compared with the resettlement house prices. If the compensation prices A-33

179 Type of Impact Impact Scope APs Entitlements Compensation Policy and Rates and son on. The house demolition area is m 2 of rural resident house including m 2 brick- concert, m 2 brick-wood, m 2 earth-wood, and m 2 brick-earth timber. are higher than the resettlement house prices, the IA will pay the difference to APs in cash. Otherwise, APs will pay the difference to IA for the resettlement houses. APs can select different floors of resettlement houses (apartment) and different types of houses. Impact of small shops Affected Ethnic Minorities The project will affect 1 small shop with an area of m 2. the affected people has included in the population to be demolished without calculation. further there are 29 households with 1225 people the population to be demolished without further calculation. LA affects 10 (i) to assess the price to obtain housing at replacement value compensation; including the compensation to the house structure, state-owned residential land, and homestead (ii) voluntarily choose resettlement methods, including monetary compensation, property right exchange, allocation of land on their own construction, buying cottage; (iii) the Aps and PMO choose an independent third company agreed by both of them; (iv) to get moving subsidies, temporary transition costs, relocation incentives and turnover loss. households 48 people people (i) will have priority in choose of and HD affect 7 households 39 Besides the rights above, ethnic minority floor, apartment pattern and location of resettlement houses; (ii) will be provided job (i) Cash compensation. masonry-concrete CNY3318 yuan/m 2, moving subsidy is CNY1,000/HH and temporary transitional subsidy is CNY1,000/HH, (2) Property right exchanges: exchange a new business shop in resettlement site, the exchange ratio is 1:1, if the exchanged shops in the area is larger than the acquired shop, the beyond area settled by the market assessment of property exchange price; for other facilities given cash compensation in accordance with the evaluation price. Same as above A-34

180 Type of Impact Impact Scope APs Entitlements Compensation Policy and Rates people; and the priority during project construction; (iv) will grassland acquisition be in priority to get the training. affect 202 households 1138 people. Besides the rights in first column, the affected female people (i) will have priority access to project non-technical jobs Women 395 people 395 employment; (ii) will enjoy the labor and training priorities; (iii) ensure that the Same as above resettlement process access to relevant information and be able to participate in consultation related to LAR issues. Public Facilities Property owners (i) Ground attachment (power poles and and trees fruit trees) compensation will be paid to the Ground Attachments and Public Facilities owner; and (ii) the compensation will be determined according to the replacement See table 4-9 cost and restoration shall be in accordance with the original scale and standards. A-35

181 V. Appeal Procedure Since public participation is encouraged during the preparation and implementation of the RP, no substantial disputes are anticipated. However, unforeseeable circumstances may arise during this process. In order to address issues effectively, and ensure the successful implementation of project construction and land acquisition, a transparent, accessible and effective grievance redress mechanism has been established. The system has shown in figure 6-3. The basic grievance redress system is as follows: Stage 1: If any AP is dissatisfied with any land acquisition and resettlement of any other safeguards related problems, he/she may file an oral or written appeal with the community committee/sub-district office orally or in writing. In case of an oral appeal, the community committee/sub-district office shall handle such appeal and keep written records. Such appeal should be solved within 2 weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal with Fukang City Land and Resources Bureau or the LA and HD management office (depending upon the issue) after receiving such disposition, which shall make a disposition within 2 weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an appeal with Fukang City PMO receiving such disposition, which shall make a disposition within 2 weeks. Stage 4: If the AP is still dissatisfied with the disposition of Stage 3, he/she may apply for administrative reconsideration with Fukang City Government after receiving such disposition within 3 months. Alternatively, he/she may file an action in a civil court in accordance with the Civil Procedure Law of the PRC at any time irrespective of the use and progress of the GRM process. At each stage, when the responsible agencies receive the appeal, it will be also copied to the PMO for discussion, so that the grievance can be redressed at lower levels. All grievances (and their resolution) at each stage will be recorded and kept. The PMO A-36

182 will report the grievances and their resolution) to ADB in semiannual monitoring reports. Alternatively, the aggrieved person(s) may submit a complaint to the ADB s Project Team to try to resolve the problem. If good faith efforts are still unsuccessful, they may submit their complaint to ADB's Accountability Mechanism (2012).3 The first step requires good faith efforts to resolve the problem with the ADB Project Team. Besides, reporting behaviors which are against ADB's policies or procedures also welcomed. Website is: APs may file an appeal on any aspect of resettlement, including compensation rates, etc. The above means of appeal, and the names, locations, persons responsible and telephone numbers of the appeal accepting agencies will be communicated to the APs at a meeting, through an announcement or the RIB, so that the APs know their right of appeal. Mass media will be used to strengthen publicity and reportage, and comments and suggestions on resettlement from all parties concerned will be compiled into messages for disposition by the resettlement organization at all levels. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingency costs. During the whole construction period of the Project, these appeal procedures will remain effective to ensure that the APs can use them to address relevant issues. City Legal authority City Disciplinary Inspection authority City appeal accepting authority Fukang City People s Government LB/HDO/PMO Town government/communit y/village communities ADB External monitoring Affected household 3 A-37

183 Figure 1: Grievance Redress Flowchart In order that the APs can feed back their grievances timely, contacts have been appointed for different appeal accepting agencies and their contact information disclosed. Table 11: Contact List for the Project No. Unit Post Name Telephone Remark 1 Fukang Construction Bureau 2 Fukang Construction Bureau Deputy director Section Chief Shan Huaidong La Yucheng Fukang Construction Bureau PMO Ren Minna Fukang L&R Bureau 5 Fukang Housing Levy Office 6 7 Chengguan Town Nongjing Station Fukang Grassland Supervision and Administration Station 8 Fukang Forestry Bureau Staff Member Deputy Director Zhang Qian Mr. Li Director Guo Huixia Staff Member Staff Member Jia Shan Ma Jie Ganhezi Town Government Mayor Wei Hua Ganhezi Town Government PMO Ganhezi Town Housing Levy Office Sangonghe Township Government Wang Gangshan Director Ma Zhizhong Deputy Director Mr. Re Banganliang Village Secretary Gao Zhiping Jiacheng Assessment Company Fukang Social Security Office 16 Fukang Civil Affairs Bureau Letters and Visits Department Disciplinary Inspection Department Person in charge Person in charge Person in charge Zhang Haiying Director Lu Lu Jiacheng Director Su Wanlin Secretary Ma Hongming Legal Department Director Meng Liangcai External M&E agency Uncertain -- A-38

184 Appendix 3 Terms of Reference for External Monitoring and Evaluation 1. Objective According to ADB policy requirements, Fukang Prefecture PMO will hire a qualified, and experienced in ADB loaned project external resettlement monitoring agency. External monitoring and evaluation agencies regularly focus on the implementation of the resettlement activities and track the progress of resettlement, quality, financial monitoring and giving advice. Tracking and monitoring the production ability and living standards of resettlement people, submit monitoring and evaluation reports to the Fukang PMO, Changji PMOand Xinjiang PMO as well as ADB. 2. Content and methods of external monitoring (1) Baseline survey External monitoring agency will conduct baseline survey on APs to obtain production and living standards (life, production and income levels) of APs. The progress and changes of APs production and living standards will be surveyed once every six months, using follow-up survey of a representative sample (at least 20% households affected by LA and HD, respectively, and 100% vulnerable households), random interviews and field observations and other methods to take the necessary relevant information. (2) Regular monitoring and evaluation During the implementation of the resettlement program, external monitoring agency conducted twice a year on a regular basis of tracking and monitor of resettlement, through on-site observation, follow-up survey sample households and casual interviews of resettlement monitoring of the following activities: Timely payment and amount of compensation Training Support measures for vulnerable groups and ethnic minority people Restoration and reconstruction of infrastructure, ground attachments and special facilities A-39

185 Restoration for production and resettlement people Adequacy of compensation for lost properties Compensation for lost working days Timetables of the above activities (applicable at any time) Resettlement network organization compensation fee for collective land acquisition and resettlement earnings and Job opportunities generated by the project. (3) Public consultation The external M&E agency will attend public consultation meetings held during resettlement implementation to evaluate the effectiveness of public participation. (4) Grievance redress The external M&E agency will visit the affected village groups periodically, and inquire with the Fukang City PMO, resettlement offices and neighborhood committees that accept grievances to assess how well grievances have been handled. It will also meet complainants and propose corrective measures and advice for existing issues so as to make the resettlement process more effectively. In addition, the external monitor will verify the data and findings of the internal monitoring reports. 3. External monitoring agency The external resettlement monitoring agency will be recruited by Fukang Prefecture PMO. The agency should have experience as an external resettlement monitoring and evaluation for ADB projects, and understand both ADB Safeguard Policy Statement (2009) and national laws, regulations and policies related to involuntary resettlement. 4. Organization of resettlement monitoring and evaluation Fukang Prefecture PMO is responsible for management of input, field work and report review of the external monitoring agency. The IA is responsible for support the field work of the external monitoring agency and provide necessary information to the agency. The external monitoring agency shall set up a "Project Resettlement Working Group on Monitoring and Assessment", whose main task is to monitor and assessment and resettlement projects, preparation of monitoring and evaluation framework, monitor the A-40

186 target, check the site investigation, monitoring and laboratory analysis; prepared resettlement monitoring and evaluation reports in accordance with ADB's policy. 5. Monitoring Indicators Baseline survey and follow-up monitoring and post-project evaluation will include the following points, and is not limited to targeted households socio-economic indicators: i. Educated degree of adults in different sexes ii. Occupational area of adults in different sexes iii. Land and housing areas of different types iv. Sources of income v. Different types of expenses vi. The main asset ownership vii. Cropping patterns (different types of area) 6. Reporting of external resettlement monitoring and evaluation External monitoring and evaluation agency should submit external monitoring reports to the ADB and the Xinjiang Autonomous Region PMO as following schedule. Table 8: Reporting Schedule of External Resettlement M&E No. Resettlement report Date 1 Baseline survey March M&E Report (No.1) March M&E Report (No.2) September M&E Report (No.3) March M&E Report (No.4) September M&E Report (No.5) March M&E Report (No.6) September M&E Report (No.7) March M&E Report (No.8) September M&E Report (No.9) March Final Report December 2022 A-41

187 Appendix 4: Minutes of Public Participation and Interviews 1. Forum Minutes of HD Household Time: August 8, 2016AM Location: Tougong Village Chengguan Town in Fukang Participant: Investigators from RP Preparation Agency Interviewee: Niu Gaosheng (HD household from Tougong Village) The main issues and contents: 1. Niu Gaosheng, male, 64 years old, Han nationality, who lives in Tougong Village Chengguan Town, with 6 family members, his wife is 62 years old, and with a 36-year-old son, a 31-year-old daughter-in-law, 2 grandchildren, the elder granddaughter is 8 years old and in her primary, the little grandson is just 2 years old, the main family income resource comes from his son s small business, and the total annual family income about 130,000yuan. Besides, he and his wife have old-age pension about 300yuan per month from government. Because of the overall planning and development of Fukang City, most farm land in Tougong Village have been occupied in 2012, and now there s few private land, a large proportion of farm land have been rent for local enterprises or farmer households, and they can get 5000yuan income every year and the rental is yuan per mu. The village got the compensation when the land acquisition in 2012 and the village collective built new houses using the compensation and part of their own capital. He hopes to get the cash compensation and use part of it to decorate the new house, and children can use the rest money to do business or invest. So it is fine as long as the compensation could be issued reasonably. 2. My attitude towards road construction is supportive, and it closely related to our own benefit. It is very convenient for our life and also beneficial to further development. We are willing to participate to the project on the condition of reasonable compensation according to the national policy. Attitude towards the project: 1. Road construction is benefit and it should be supportive, and the government should take full consideration from villagers and make reasonable compensation plan. 2. Once the project finished, it will be very convenient to villagers to travel. 3. The environment will be greatly improved due to the construction of project and the ecological environment would also get restored. A-42

188 2. Forum Minutes of HD Household Time: August 8, 2016PM Location: Banganliang Village Chengguan Town in Fukang Participant: Investigators from RP Preparation Agency Interviewee: Gemei (HD household from Banganliang Village) The main issues and contents: 1. Gemei, female, 39 years old, Han nationality, who lives in Banganliang Village, with 4 family members, her husband is 45 years old, her daughter is 17 years old and is on school now; her family own 12.4 mu of farm land, and 10 mu of land had rented to others and can get 5000yuan income every year with the price of 500yuan per acre. The rest of 2.4 mu land plant some vegetables, and sell them in vegetable market when vegetables ripen to earn extra cash. Her husband works in the building site, and annual income is about 55000yuan; 0.91 mu of arable land will be occupies in this project, it mainly plants nursery so it has little effect to family. We have no objection if the compensation could be given out reasonably according to country s policy, road construction is a good thing for us all, and it will be very convenient for transportation. We could make full use of the compensation to rent a booth in the market and sell vegetables planted by ourselves to improve economic condition, and we are confident to have a better life. Gemei showed supportive to the project and they can get benefit from it under the reasonable policy, villagers income and quality of life improved a lot. We are willing to participate in the project on the condition of reasonable compensation according to the national policy. Attitude towards the project: 1. Road construction should be supported; it takes much convenience and benefit for villagers themselves. 2. We are willing to participate in the project and try our best to support it on the basic of our own interest. 3. The acquisition could be finished as soon as possible and start the construction, and safe measures should be thought to prevent negative effect to our life. 4. The issues of compensation should be fair, reasonable and in time. A-43

189 3. Forum Minutes of Herdsmen Time: August 9, 2016PM Location: Shanghugou township Huangshan Village Participant: Investigators from RP Preparation Agency Interviewee: Tuohetahan (herdsman from Huangshan Village) The main issues and contents: Tuohetahan, male, 37 years old, Kazak nationality, who lives in Huangshan Village, with 4 family members, his wife is 35 years old, and with 2 children, the elder son is 11 years old and is on school now, the little daughter is just 1year old, the main family income resource comes from herding. Lacking labor force, he just feed 15 cows, and he plans to buy some sheep and horses one or two years later. The income can reach to about 50000yuan if he sells several cows per year. The other income is mainly to sale milk or make dairy products, part of them are sold and the rest for themselves during winter. The economic condition is good. Herdsmen graze based on unit, Tuohetahan is the leader of his group; there are 7households with 57 people in his herding group, with total grassland for 37027mu. 15 mu of spring grassland will be occupied in this project, on the part of this herding group, the occupation has little effect to herding group. We support the project very much, and ecological restoration is beneficial to us and reaches the purpose of sustainable development. Attitude towards the project: 1. I support the project and hope to get reasonable compensation, and it could be given out in full and on time. 2. In addition, after the implementation of the project, the construction of protection forest can be fenced well. Safe measures should be taken to prevent the destruction from livestock, or it will be harmful for both sides. This kind of circumstance have had happened before, so it is necessary to take preventive measures advanced to avoid unnecessary issues in the project. A-44

190 Time August 7, 2016 AM 4. Institution Forum Minutes of Fukang Location Meeting Room of Fukang Construction Bureau Participant units L&R Bureau Housing levy office Construction Bureau Grassland Supervision Station Ganhezi Government Forestry Bureau Chengguan Town Government Assessment company,rp Preparation Agency. The main issues and contents: The director of Fukang Construction Bureau described the contents of the project and the purpose of this discussion. The project components consist of Fukang city will newly build 5 roads, and 4 road for reconstruction, 5 newly build roads in Ganhezi Town, shelter forest project in south mountain area, S303 road greening and efficient water-saving projects, shelter forest project in Beihuan road, newly built an employment training center. On the meeting, director Shan emphasized the importance of the project meanwhile, highlighted the influence area during construction period. In addition, the head of land resource bureau introduced the related land policies and contents, this project involves land acquisition, which has close relation with LA area, land type, benchmark land price, land charges, and so on. The land compensation standard will comply with related documents and policies in PRC. 93. All the affected people will be compensated for the LAR according to the policies and regulations. Compensation for the permanent LA of the agricultural land includes land compensation, resettlement subsidy, and young crops fee. RMB per mu for general cultivate land and The compensation standards of general farmland (nursery land) are (i) RMB 12,000 per mu 1500 per mu 10 times = per mu for land compensation; (ii) RMB 1500 per mu 20 times = per mu25, 500 per mu for resettlement subsidy; and (iii) RMB per mu for social security subsidies; (iv) the young crops calculated by types and grades of diameters. And the ground attachments compensation will be calculated by market values. And then, the person in charge from grassland supervision station introduced current situation on grassland acquisition, including compensation standard, and relevant documents and policies, as for grassland compensation standard, the project involved grassland belong to Class 2 Grade 2 grassland, and not involved the cultivate land occupation, according to Xinjiang Uygur Autonomous Region Development and Reform Commission, Ministry of Finance issued [2010] 2679 document Notice on Adjusting Charge Standard of Compensation and Resettlement Fees in Grassland, a new charge standard will be implemented based on it. the project involved grassland are belong to Class 2 A-45

191 Grade 2 grassland the compensation fee is 148 yuan/mu 10 times = 1480 yuan/mu, resettlement subsidies will be compensated according to 888 yuan/mu, the compensation base will be calculated in accordance with the level of grassland; according to the policy the grassland compensation fee will be payed to the grassland supervision station and then pay to the county finance, as the cost to restore the grassland, the project office to take into account the herdsmen's vital interests, the resettlement subsidies distributed to all affected herders. The person in charge from house levy office, introducing the basic information on house demolition and resettlement of this project, and informing the compensation standard, making a confirmation of the demolition scope, and then discussing some issues about villagers rights and interest, to make sure that the entitlement of affected will not be damaged by demolition of our project. 5. Forum Minutes of Huangyakeng Village Time: August11, 2016 AM Location: Chengguan Town Government in Fukang Participant: staff from Fukang PMO, investigators from RP Preparation Agency Interviewee: Zhang Xinguang (the secretary of Huangyakeng Village) The main issues and contents: Firstly, secretary Zhang introduced the basic information of Huangyakeng Village briefly, Huangyakeng Village located in north of Fukang city, which is a typical urban-village, there are 171households with 987 people of the whole village, currently, Huangyakeng Village has a total arable land area for 450mu, per capita cultivated land for 3mu, and the per capita income was 14700yuan in In order to respond to the call of government, and future development and plan of Fukang, 1300mu of arable land had been acquired in 2011, after that 90mu of arable land was acquired again in 2013, so currently, only 650mu of arable land remained in Huangyakeng Village. Most of arable land of the villagers had been occupied, they don t engage in farming activity anymore, for now, most of villagers are engaged in other industries, such as outside working, private business, or individual operation. As for the compensation of LA, Fukang s policy is good, land compensation standard is 80,000yuan/mu, of which 8000yuan/mu will be left in village collective, and the rest compensation will be paid to villages, that is to say villages can get 72,000yuan/mu of land compensation in total. The future development direction for Huangyakeng village planning to build an entertainment room A-46

192 beside Kangning road with an area of 6000 m 2, including 3200 m 2 of room for stores for rented, the managerial authority belongs to village, at the end of year, all the villagers will participate in profit sharing, on the basis of estimation, the annual operation profit will reach for 40,000 to 50,000yuan, due to construction of Kangning road has not been completed, the stores have not put into use, the location of our entertainment room is excellent, which is close to economic and cultural center of Fukang city, considering the future development of our village, we show great confidence hoping that our village has a promising perspective. A-47

193 6. Forum Minutes of Herdsmen from Shanghugou township Time August 8, 2016AM Location: Shanghugou Baiyanghe Village Participant: staff from Fukang PMO, the representatives of affected herdsmen, investigators from RP Preparation Agency Interviewee the representatives of affected grazing groups from Baiyanghe Village The main issues and contents: The meeting was organized by Baiyanghe village secretary; staff from Fukang PMO, the representatives of affected herdsmen, investigators from RP Preparation Agency participated in the meeting. First, RP preparation agency introduced the basic information of ADB loan project, and explain the related ADB and domestic documents and policies, the representatives showed their opinions on the project: 1. Identify the grassland occupation scope of the project; 2. The policies of compensation standard and plan need to be announced, meanwhile the documents should be handed out to the herdsmen by bilingual (both in Chinese and Kazak language). 3. During the project implementation period, protection measures should be made to avoid the unnecessary trouble. 4. In or after the project implementation some new jobs will be produced, the herdsmen hope that they can be provided the job opportunities prior. So that they can improve family income. All the representatives showed their supportive to the project, they said that the environment around us would be greatly improved due to the construction of project, besides; the ecological environment would also get restored. Meanwhile, all the herdsmen were aware of their rights and entitlement, and the villagers forum like this had been hold for many times. For this project, only a small part of grassland will be occupied, just little negative impact to the herdsmen, both the ecological environment and living conditions will be improved. A-48

194 Appendix5: Due Diligence Report on Land Acquisition for Fukang Road Component, Shelter Forest Project in Beihuan Road, as well as Due Diligence Report on House Demolition for Ganhezi Road Component 1. Overview of the Project Fukang urban and rural infrastructures construction of demonstration subproject is one of the three subprojects in Xinjiang Changji urban and rural infrastructure construction demonstration project, which is financed by Asian Development Bank (ADB). The project includes five parts: (i) Road Construction: extension and reconstruction of 14 roads with km length, including 5 newly build roads and 4 upgrading roads with a total length of km in Fukang City; and 5 newly build roads with a total length of 3.35 km in Ganhezi Town; (a) Water Supply: the total installation of m water supply pipeline with the diameter of dn, including m of pipeline in Fukang City and 3948 m in Ganhezi Town; (b) Water Drainage: installation of m drainage pipeline, the diameter is de , the material is HDPE, and 470 of drainage inspection well, including m pipeline and 355 of drainage inspection well in Fukang City and 3886 m pipeline and 115 of drainage inspection wells in Ganhezi Town; (c) District Heating: installation of m hot water pipeline, the diameter is dn , and the material is Q235-B; Installation of m hot water pipeline, the diameter is dn , and the material is Q235-B in Ganhezi Town.; (iii) Ecological restoration project: the total restoration area is m2(10291 mu). Including greening efficient water-saving projects of S303 road, Shelter forest project of Beihuan road, ecological shelter forest project in south mountain area; (v) Vocational Education Project: build an employment training center as well as the workshop, with a total building area of m2; (vi) capacity building in (a) strengthen technical and vocational education and training at Fukang City Senior Secondary Technical School; and (b) subproject management of implementing agency and subproject implementation units. Of the ADB loan project in Fukang, most of the farm land had been acquired for the road component, at same time, because of the construction of Beihuan road, most of farm land also been acquired, that is to say the land acquisition of shelter forest project in Beihuan road had been completed while the construction of Beihuan road. 2. Due Diligence Report Preparation The report is prepared by a preparation team composed of the Fukang City PMO, and a RP preparation agency. From 10 July 2016 to 20 July 2016, the team visited the Fukang PMO, Land and Resource Bureau, Agriculture Station of Chengguan Town, Ganhezi and other relevant departments to collect the land acquisition, compensation and resettlement agreement and other relevant materials, and interviewed the principal of the ARI and related people. The main contents of this report include: to understand the actual situation of the LA and HD, the process A-49

195 of the LA and HD and compensation payment, to know public participation and complaint cases, to assess the compensation payment for the LA and HD, and ultimately to draw relevant conclusions. 3. Project Impact 1 Fukang Road Component Fukang Road Component: Fukang City will newly constructed roads for 5, and reconstructed roads for 4, with a total length of 13.56km, the newly constructed roads are: Guangyuan road, Huiyuan road, Ankang road, Ruiying road and Boya road, among the 5 roads, all the farm land acquisition work on Huiyuan road, Ankang road, Ruiying road had been completed, and part of land acquisition work had been completed already, the detail land acquisition status of ADB loan project is shown in the table 1 below. Road Huiyuan Rd. Guangyua n Rd. Ruiying Rd. Boya Rd. Table 1 The Completed LA Status of ADB Loan Road Component in Fukang Yuergoud ong Yuergouxi Facility farm land Dadun Longwang miao Village Natur Irrigated Orchard Forest e land land land Stateowne Zhangjiaz huang d Stateowne Yuergouxi d Yuergouxi Collec tive Total Stateowne Zhangjiaz huang d Stateowne d Stateowne d Collec Yuergouxi 2.45 tive Total Collec Tougong 6.73 tive Shijiazhua Collec 0.73 ngzi tive Stateowne Dadun d Collec tive Stateowne d Longwang Collec miao tive Total 59.1 Stateowne Yuergoud ong d Yuergoud ong Collec tive Other grassland Constructio n land A-50

196 Ankang Rd. Huangyak eng Huangyak eng Zhangjiaz huang Yuergouxi Huangyak Collec eng tive Total Stateowne Yuergoud ong d Stateowne d Collec tive Stateowne d Stateowne d Total 93.8 Data Source:Fukang City L&R Bureau Note: The LA work had been completed in the table. Based on the requirement of Fukang City overall general planning and land utilization, most of farm land had been acquired during , land acquisition involves 8 villages in Chengguan Town, they were Zhangjiazhuang, Yuergoudong village, Yuergouxi village, Tougong village, Shijiazhuangzi village, Dadun village, Longwangmiao village, Huangyakeng village respectively, the total land acquisition area for mu. However, Fukang ADB loan project only accounts for mu, with 57 households 210 people affected. According to social survey found that all the affected people had been resettled properly. No complains or appeal cases appeared. Before the land acquisition, three parties negotiations were organized by Fukang L&R bureau, Chengguan Town government and the 8 affected villages, in addition, carried out the public participation and negotiations for many times, holding villagers discussion meetings with affected villagers from the 8 affected villages, finally, reaching an agreement, and the three parties had signed the land compensation agreement. 2 Shelter Forest Project in Beihuan road According to the requirement of Fukang City urban development, Beihuan road was constructed in 2013, 6 villages were affected by the construction of Beihuan road, they were Zhangjiazhuang village, Tougong village, Yuergouxi village, Yuergoudong village, Longwangmiao village and Banganliang village, Beihuan road project occupied collective land for mu in total, of which shelter forest project in Beihuan road accounts for mu, 360 households with 1290 people affected, the land acquisition work for shelter forest project in Beihuan road had been completed during the construction of Beihuan road. Before the land acquisition, three parties negotiations were organized by Fukang L&R bureau, Chengguan Town government and the 6 affected villages, in addition, carried out the public participation and negotiations for many times, holding villagers discussion meetings with affected villagers from the 6 affected villages, finally, reaching an agreement, and the three parties had signed the land compensation agreement. A-51

197 3 Road Component in Ganhezi: According to the requirement of Ganhezi urban development, to promote the urban tertiary industry services functions, such as commercial, hotels, office buildings and financing, to improve the life quality of residents in Ganhezi, to upgrade the urban hierarchy and landscape, to focus on the business development and local market demand, Ganhezi government proposed to build Times Trading Center in Ganhezi since 2013, this center will set dining, entertainment, retail and business as a whole, and creating a modern town. The around old residential houses would be demolished due to the construction of the Center, however, ADB loan project only involve 6 households, including 3 households of house demolition work had been completed in 2014, the other 3 households are still unfinished. The house demolition was caused by Weisan road. This DDR will make a detailed survey and interviews to the 3 households who had been completed the house demolition work. 4. The economic analysis for affected people Based on the survey and agency interviews, learning that part of land for roads component and shelter forest in Beihuan road had been acquired in , 417HHs with 1500 people were affected, this DDR surveyed 20% of the total affected population, that is 85HHs with 311 people. The survey included the analysis of the occupation, income, expenditure and so on. Of the survey, about 15.49% of the affected people engaged in agricultural production, and outside working accounts for 21.13%, due to the integration of urban and rural, most of farm land has been acquired before or transferred, majority of farmers choose outside working, some engage in restaurant operation, the others are doing some commercial business. The data shows that the percentage of business is 13.62%. Besides, some of them engage in tourism, accounting for 3.29%. Planting Industry Commerce 2.82% 11.27% 15.49% 1.41% Service Industry tourism Sanitation 21.13% 13.62% Transportation Communication 4.69% 3.76% 1.41% 11.74% 1.88% 0.94% 0.94% 0.47% 1.88% 3.29% 3.29% Teacher Office Student Doctor Retired Workers Outside working Preschool Other Figure 1: Occupation Distribution of Affected People A-52

198 Income and Expenditure Because of the influence of the integration of urban and rural, the APs income is not only confined to farming or agricultural production; a large amount of framers choose other occupations such as working as labor, business or open a restaurant. The main income is from working as labor and business, and the farming income accounts for only 15.50%.The average of the household income and expenditure per capita of the 85 HHs are shown in Table 1. Table 1: Economic Statistics of the Sample Per Capita in 2015 Unit:Yuan/Year/Person Type HHs Population Standard Item Min Max Average deviation Annual per capita income Affect HHs (yuan) Annual per capita expenditure (yuan) Note: DDR survey in July 2016 From table 2 it indicates that the income of these affected people is not limited in agricultural, the income structure become diversity, the income mainly comes from business and outside working, among which, income of outside working accounts for 27.87%, and then business(22.93%), wage accounts for 16.33%. More details see table 2 below. Items Farming Industry Table 2: Income Resources of the Affected Households Work labor Business Tourism House rent Unit:Yuan/year/HH Wage Other Total Total income Per capita income Proportion 15.50% 5.47% 27.87% 22.93% 6.38% 0.86% 16.33% 4.67% % Note: DDR survey in July 2016 N=85 households with 311people A-53

199 30% 25% 20% 15% 10% 5% 0% Farming Industry Work labor Business Tourism House rent Wage Other Figure 2: The income resource of affected people According to the survey, most of the farmers in project area are engaged in other industries such as work labor, private business and so on. Table 3 showed the composition of average household expenses of the AHs. The survey show that the expenses on living accounted for 26.05%, the following are expenses on social relationship and business, they are 11.95% and 13.23% respectively. Table 3: Average Household Expenditure Pattern of Affected Households in 2015 Items Total Per capita expenditure Proportion Water expenses Electricity expenses % % living expenses % Heating expenses % Clothing expenses % Investment in agriculture % Business expenses % Rent expenses % Educational expenses Medical expenses Traffic expenses Communication expenses Social activity expenses % % % % % Other % Total % Note: DDR survey in July 2016 N=85 households with 311people A-54

200 30% 25% 20% 15% 10% 5% 0% Figure 3: Per household expenditure of affected people The affection to the labor force of the project is presented in Table 4. Through the survey we found that the annual income of male labor force is CNY41691 and the female labor force is CNY The reason why male s income is higher than female is that the number of male working in planting and outside work is larger than female; most of the females are working in the home or do some temporary works. Table 4: Income proportion of male and female labor force Items HHs Minimum Maximum Average Standard deviation Male Female Note: DDR survey in July 2016 The annual income between CNY CNY20, 000, the male and female are has a slight difference; the annual income between CNY20, 000 and 70,000, the male is obvious high than female. It is because most of the male do some high paid jobs like outside working; while the female, most of them are doing housework at home or take care of child and old people, they have little time to work outside, so their income are lower than male. But generally speaking, the income of female has increased. A-55

201 Male Income Female Income Figure 4: Income distribution proportion of male and female labor force 5. Compensation and Payment From 2011 to 2013, Fukang Land and Resource Bureau together with Chengguan Town government and affected farm conducted public participation and negotiations for several times and finally reached an agreement and signed an Agreement during 2013 to The LA work had been completed in 2014; the details see table 2 and appendix. Table 2 LA Status on Fukang Road component and Shelter Project in Beihuan Road Affected Villages Acquisition Area mu Compensation amount million Yuergoudong Yuergouxi Longwangmiao Dadun Shijiazhuangzi Tougong Huangyakeng Banganliang Zhangjiazhuangzi Total Public Participation In the land acquisition process, Fukang Land and Resource Bureau and related agencies organized full consultation with affected village secretary, villager representatives on projectrelated impacts to fully understand the considerations of affected people s views and suggestions, and take a variety of ways for public participation and negotiation: (1) Public participation and consultation meetings Before the land acquisition, holding forums, focusing on the basic situation of urban development planning ideas and proposed construction projects, as well as the scope of planned A-56

202 land acquisition, listen to the views and suggestions of affected villagers representatives, and concerned departments, as well as made records and given consideration and concern in the implementation. (2) Public meeting for LA compensation and resettle Prior to the implementation of land acquisition program, to explain to the relevant policies and regulations, compensation standards, payment time, replacement land location to the affected farmers, combined with opinions and suggestion of Fukang Land and Resource Bureau and affected towns and villages; to implement the project the in strict accordance with national and Xinjiang Region policies; to call on concerned department to discuss the LA of affected and resettlement. (3) LA and compensation During detailed investigations and measurements on LA, compensation standard setting, land acquisition agreements negotiation, and compensation payment, the principal Fukang Land and Resource Bureau have participated in the work process, to ensure that land acquisition just, fair, reasonable and transparent. (4) Release announcement about Land acquisition The main content of the announcement include: project overview, scope of land acquisition, compensation standards, resettlement policies, schedules and so on. From July 2016, the investigation team visited Fukang Development and Reform Commission, Fukang Land and Resource Bureau, the PMO, and relevant departments, and conducted field visits, the relevant personnel interviews and questionnaires, learned Land acquisition implementation policy, project impact, compensation standard, payments, etc., and held meetings to understand public participation, asked whether their livelihoods affected by LA or not, and inquired for the views and opinions on the LA. Picture 1 Posting the LA Notice A-57

203 Picture 2 Posting the LA Notice and Compensation Standard Picture 3 Holding the Villagers Meeting Banganliang Village Picture 4 Holding the Villagers Meeting Dadun Village Forum Minutes of Land Acquisition in Chengguan Town Time July 12, 2016 Location Longwangmiao Village, Chengguan Town, Fukang City Participant staff from Fukang PMO, RP Preparation Agency Interviewee Household villager from Longwangmiao Village Zhang Pengfei The main issues and contents: Zhang Pengfei, male, 48 years old, Han nationality, who lives in Longwangmiao Community in Chengguan Town, with 4 family members, his wife 47 years old, and with 2 children, his son is 26 years old and works in an enterprise, his daughter is 23 years old who is on school now; the main family income resource comes from A-58

204 their small business. According to the survey the arable land in Longwangmiao village had been basically acquired out, nearly no arable land left, so the villagers do not engage in crop farming any more, instead, most of them go to work in city, or engage in business on their own. Because of the land acquisition of the government in the village, the villagers have got compensation and bought new houses in Fukang City, and most of the villagers have moved to the new houses. Besides, village collective used part of the compensation to build 2 sets of commercial buildings to rent or run business themselves. But most of the stores were rented out to the individual households; all the rent funds were called collective operation income which managed by village group, at the end of the year, this part of funds will be distributed to villagers in way of dividends. Because of the good location, the annual income could come to about 60 thousand. Villagers living quality and housing conditions were not lowered by LA; on the contrary, it got improved a lot. The project for road construction is beneficial to my family, and even for the whole village. And now we have 2 sets of houses, both in the village and city, and it also accelerated the construction of urban-rural integration, accorded with Urban Development Planning of Fukang City. Attitude towards the project: The construction of road is an inevitable process for the development of urban-rural integration; The project brings us farmers new opportunities. During the process of land acquisition, Land and Resources Bureau in Fukang, Chengguan Town Government, and related institution had taken the forum and deep consultation with the relocation households of affected village for many times, and the public participation and consultation made them consider the opinions of affected villagers. The specific contents of public participation are as following charts. A-59

205 Public participation I Time: April 2, 2012 Location: Chengguang Town Shijiazhuangzi Village Committee of Fukang City Participants: The director of Land and Resources Bureau, the director of the Government in Chengguan Town,and the village head, secretary and the villager delegates of Shijiazhangzi Village. Conference topics: Consult Meeting about collecting opinions on land acquisition in Chengguan Town from the project of road construction in Fukang City Content: 1. Introduces the basic ideas of Beihuan Road construction and purposes 2. Introduces the location of proposed road and schedule the scope of Land acquisition and implementing time; 3. Seek villagers opinions and views from Chengguan Town Shijiazhuangzi Village in Fukang City Staffs express their views: Villager representatives said that the construction of the project could not only promote the development of Shijiazhuangzi Village, but also push the economic development of Chengguan Town. But farmers demands need to have a full consideration, and our own development should not be affect, and how to deal with our livelihood because of the land acquisition, whether need to give us some technical training, for example, excavator, forklift, electro welding, electrician, clean-keeping and cooking. And whether you could provide us commercial stores, if we start to own business, we really hope that the government can put some useful solutions on our farmers development from our view; besides, the compensation should be strictly acted according to the relevant policies in our country, and the documents should be open and transparent. The meeting towards us should be held frequently to negotiate together during the process of land acquisition; To sum up, the construction of the project is benefit, and farmers will actively support it under the condition that it doesn t affect villagers development. The government needs to do well in the previous preparation, and think more about the villagers rights and interests. A-60

206 Public participation II Time April 20, 2012 Location: Chengguan Town Dadun Village Committee of Fukang City Participants: The director of Land and Resources Bureau, the director of the Government in Chengguan Town,and the village head, secretary and the villager delegates of Dadun Village. Conference topic: The topic is about proposed for collective land acquisition in Chengguan Town Dadun Village on the future city development and planning of Fukang City. Meeting content: 1. Introduces the basic information about the future development and planning of Fukang City and its purposes. 2. Introduces the scope of land acquisition and implementing time. 3. Seek villagers opinions and views in Dadun Village, Chengguan Town, Fukang City. 4. Discusses the details and issues in the process of land acquisition to make it fair, just, reasonable and transparent. 5. Discuss the compensation standards, resettlement approaches, payment process time; Staffs express their views: Villagers said that Dadun Village, the main area of city northward movement planning. And villagers expressed their great attention about compensation and what kind of measurements to recover and to make sure villagers interest for land-lost farmers. At the same time, they also expressed their support for the project, and it is an inevitable tendency that the construction of the project will accelerate urbanization of Dadun Village. For migrant workers individual operation farmers, they hope to get some relevant trainings and help. And villagers also are willing to try their best with village collective to have a better development. Villagers also expressed their own opinions towards the compensation standards and resettlement approaches, and point that it should accord with farmers actual condition. Attitude towards the project: City development and planning is beneficial to villagers, and the good planning to villagers development prospect should be put forward on the condition of not influence farmers life. 7. Appeal Procedures During the LA and HD, an appeal procedure was established. If displaced persons have any complaint and question about project land acquisition or other problems, they could take a variety of ways to appeal. The appeal system is shown in figure 1. Basic appeal stages are as follows: A-61

207 Stage 1: If any AP is dissatisfied with any land acquisition and resettlement, he/she may file an oral or written appeal with village committee/community, township government/subdistrict office, or Fukang PMO. Such appeal should be solved within 2 weeks. Stage 2: If the AP is dissatisfied with the disposition of Stage 1, he/she may file an appeal with LRB, after receiving such disposition, which shall make a disposition within 2 weeks. Stage 3: If the AP is still dissatisfied with the disposition of Stage 2, he/she may file an appeal with Fukang PMO after receiving such disposition, which shall make a disposition within 2 weeks. Stage 4: If the AP is still dissatisfied with the disposition of Stage 3, he/she may apply for administrative reconsideration with Administrative Office in Fukang, or he/she may applies for administration proceedings with people s court of Fukang county within 3 months based on the Civil Procedure Law. Displaced persons may file an appeal on any aspect of resettlement, including compensation rates, payment time, etc. The above means of appeal have been communicated to the displaced persons by virtue meetings and other channels, so that the displaced persons know their right of appeal. City legal department Fukang Government Disciplinary inspection department LRB/PMO Fukang People s court City letters and visits department Community/village/tow nship/sub district office APs Figure 1 Grievance Redress Flowchart From the investigation, it is found that both the LA affected people have a full understanding about its own rights and the grievance complaint channels. There is no complaint until now and the farmers are satisfied with the compensation. 8. Conclusion and Suggestion Prior to and during the land acquisition, Fukang government, L&R Bureau, Chengguan Town government as well as the relevant units organized several different forms of public participation, and the affected farmers and HD households opinions are fully respected in the project implementation process. The compensation payments have been paid in full. No impact on the regular operation of ARI. Overall, all of the compensation and resettlement measures are based on public participation to implement fully and without any remaining problems. During the implementation period, the grievance complaint channels are in validity and there A-62

208 is no complaint up to now. ARI is very supportive of the project construction, and they are satisfied with the compensation standard, no remaining problems. The investigation found that the land acquisition compensation and the fund for infrastructure construction have been paid in full, no remaining problems. 9. The Compensation Agreement, Meeting Minutes, Compensation Issue list, Payment Voucher in Banganliang Village Collective Land Acquisition Agreement in Banganliang Village (supplementary agreement) First Party: Fukang City L&R Bureau Second Party: Chengguan Town Government Third Party: Banganliang Village According to the related law and regulations of Land Administration Law of the PRC, meeting the development of Fukang, land acquisition work need to be implemented in Banganliang village, in order to ensure the legal rights and interest of farmers, some principles should be followed during the land acquisition period, like open, fair, and justice, after negotiation with the three parties, the land acquisition agreement was reached, specific contents listed as follow: The construction of Beihuan road, 144.6mu of collective farm land would be occupied; including 4.338mu land would be reserved for the future development, compensation for this part of land would not be paid by First Party; according to national law documents of No. (2001)500, and No. (2011)19, the land compensation standard, resettlement subsidy, would be accounted as follow: (144.6mu-4.338mu) 80000yuan/mu=11.22million yuan. Way of payment: The land compensation funds would be paid for three phases, phase one, 3.37million yuan (30%) would be paid before July30, 2012; phase two, 4.49million yuan (40%) would be paid before Oct.30, 2012; and the third phase 3.37million yuan(30%) would be paid before Dec.30, A-63

209 As for the young crops fee as well as the surface appendages, after completing the survey and confirmation, would sigh the supplementary agreement separately. First Party: Fukang City L&R Bureau Legal representative: Second Party: Chengguan Town Government Legal representative: Third Party: Banganliang Village Legal representative: Date: Picture 1: Compensation Agreement A-64

210 A-65

211 A-66

212 Picture 2: Meeting Minutes A-67

213 A-68

214 A-69

215 Picture 3: Compensation Issued List A-70

216 Picture 4: Compensation Payment Voucher A-71

217 Appendix6: Land ownership description of the First water plant of Fukang City Land ownership description of the First water plant of Fukang City The First water plant of Fukang City was built in 1990; the plant accounted an area of 7.3 ha, all the land belonging to state-owned unused land and with any attachments and facilities on it. The land intends to occupied has clear boundaries, accurate area, and ownership of no dispute. Fukang City Bureau of land and resources November 21, A-72

218 Appendix7: Land ownership description of the Second water plant of Fukang City Land ownership description of the Second water plant of Fukang City The Second water plant of Fukang City was built in 2009; the plant accounted an area of 6 ha, all the land belonging to state-owned unused land and with any attachments and facilities on it. The land intends to occupied has clear boundaries, accurate area, and ownership of no dispute. Fukang City Bureau of land and resources November 21, A-73

219 Appendix8: Land ownership description of the water plant of Ganhezi Town Land ownership description of the water plant of Ganhezi Town The water plant of Ganhezi Town was built in 2011; the plant accounted an area of ha, all the land belonging to state-owned unused land and with any attachments and facilities on it. The land intends to occupied has clear boundaries, accurate area, and ownership of no dispute. Fukang City Bureau of land and resources November 21, A-74

220 Appendix9: Land ownership description of the sewage disposal plant of Fukang City Land ownership description of the sewage disposal plant of Fukang City The sewage disposal plant of Fukang City was built in 2001; the plant accounted an area of 8.7 ha, all the land belonging to state-owned unused land and with any attachments and facilities on it. The land intends to occupied has clear boundaries, accurate area, and ownership of no dispute. Fukang City Bureau of land and resources November 21, A-75

221 Appendix10: Land ownership description of the seepage pit of Ganhezi Town Land ownership description of the seepage pit of Ganhezi Town The seepage pit of Fukang City was built in 2010; the plant accounted an area of ha, all the land belonging to state-owned unused land and with any attachments and facilities on it. The land intends to occupied has clear boundaries, accurate area, and ownership of no dispute. Fukang City Bureau of land and resources November 21, A-76

222 Appendix11: Land ownership description of the Tianchi cogeneration power plant of Fukang City Land ownership description of the Tianchi cogeneration power plant of Fukang City The cogeneration power plant of Fukang City was built in 1998; it accounted an area of 16.7 ha, all the land belonging to state-owned unused land and with any attachments and facilities on it. The land intends to occupied has clear boundaries, accurate area, and ownership of no dispute. Fukang City Bureau of land and resources November 21, A-77

223 Appendix 12: Land ownership description of the Heating boiler room of Ganhezi town Land ownership description of the Heating boiler room of Ganhezi town The Heating boiler room of Ganhezi town was built in 2015, there are 2 heating boilers in total, the one is 20 ton and the other is 40 ton. It accounted an area of 0.67 ha, all the land belonging to state-owned unused land and with any attachments and facilities on it. The land intends to occupied has clear boundaries, accurate area, and ownership of no dispute. Fukang City Bureau of land and resources November 21, A-78