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Resettlement Planning Document The Supplementary resettlement 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. Supplementary Resettlement Plan Document Stage: Final Project Number: 33469-01 February 2009 Realigned Section of PRC: Ningxia Road Development Project Prepared by Ningxia Highway Construction Administration Bureau

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  • Resettlement Planning Document

    The Supplementary resettlement 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.

    Supplementary Resettlement Plan Document Stage: Final Project Number: 33469-01 February 2009

    Realigned Section of PRC: Ningxia Road Development Project

    Prepared by Ningxia Highway Construction Administration Bureau

  • BREVIATIONS AND ACRONYMS Note: While all acronyms and abbreviations are defined in the text, this list is presented to highlight the most important ones

    ADB Asian Development Bank AV Administrative Village CNY PRC Currency, the Yuan HH Household CRO County Resettlement Office mu Chinese land area unit of measure: 1 mu = 0.0667 ha

    PAH Project Affected Household NHSDI Ningxia Highway Survey Design Institute NHCAB Ningxia Highway Construction Administration Bureau NCD Ningxia Communications Department PAP Project Affected Person PRO Project Resettlement Office RMB Renminbi—another word for the PRC Currency, the Yuan RP Resettlement Plan SES Socioeconomic Survey Twp. Township ¥ Abbreviation for Yuan, PRC’s currency

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    TABLE OF CONTENTS I OBJECTIVES OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGY II EXECUTIVE SUMMARY III THE RESETTLEMENT PLAN

    A. Status of the Resettlement Plan 4 B. Scope of Land Acquisition and Resettlement 4 C. Policy Framework and Entitlements 4 D. Resettlement Strategy 5 E. Institutional Arrangements 5 F. Vulnerable Groups 5 G. Consultation and Grievance Redress 5 H. Monitoring and Reporting 6 I. Resettlement Cost and Implementation Schedule 6

    1. GENERAL 10 1.1. Project Background 10 1.2. Project description 10 1.3. Project Affected Area 10 1.4. Measures to Reduce the Project Impact 11

    1.4.1. Minimize the Project Impact Area 11 1.4.2. Reducing the Impact of the Project Construction 11 1.4.3. Establish a feasible Resettlement Plan and implementation programs 12

    1.5. Project Cost Estimate and Implementation Schedule 12 1.6. Preparation for Resettlement Planning 15

    1.6.1. Impact inventory survey 15 1.6.2. Socioeconomic Survey 15 1.6.3. Resettlement Planning 16

    1.7. Policy Basis and Objective of Resettlement Plan 16 1.7.1. Policy Basis 16 1.7.2. Planning Principles Adopted by the Project 16

    2. THE SOCIOECONOMIC PROFILE OF THE AFFECTED AREA 18 2.1. Nature and Geography of Project Affected Areas 18 2.2. Socioeconomic Profiles of Project Affected Areas 18

    2.2.1. Basic Profile of Affected County 19 2.2.2. Profile of affected townships 19 2.2.3. Profile of affected villages 20 2.2.4. Basic Profile of Affected Households 21

    3. PROJECT IMPACT 25 3.1. Determination of Project Impact Scope 25

    3.1.1. Permanent Land Acquisition 25 3.1.2. Temporary Land Occupation for Construction 25

    3.2. Impact Inventory Survey 25 3.3. Affected Inventory (Project Impacts) 26

    3.3.1. Land Acquisition 26 3.3.2. Demolished Houses 26 3.3.3. Affected population 27 3.3.4. Scattered trees to be removed 27 3.3.5. Affected Special Facilities 27 3.3.6. Affected Minority People 28

    4. POLICY FRAMEWORK 29 4.1. Policy Basis 29 4.2. Relevant Provisions of the Laws and Regulations 29

    4.2.1. Land Administration Law of the People's Republic of China" 29 4.2.2. The Regulations of Land Administration in Ningxia Hui Autonomous Region 31 4.2.3. ADB Policies 32

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    4.3. Compensation Standards 33 4.3.1. Compensation Standards for Land Acquisition 33 4.3.2. Compensation Standard for Houses and Auxiliaries Demolition 34 4.3.3. Allowance for Relocation 35 4.3.4. Compensation for Loss of Scattered Trees 35

    4.4. Compensation of Other Facilities 36 4.5. Entitlement Matrix 36

    5. RESETTLEMENT & REHABILITATION 40 5.1. Target and Task 40

    5.1.1. Resettlement Target 40 5.1.2. Resettlement Task 40

    5.2. Resettlement Guideline and Principle 40 5.2.1. Resettlement Guideline 40 5.2.2. Resettlement Principle 41

    5.3. Overall Scheme of Resettlement 41 5.4. Resettlement Carrying Capacity Analysis 42

    5.4.1. Natural Condition and Land Resource 42 5.4.2. Basic Infrastructure Conditions for Production and Living 42 5.4.3. Economic Development Potential of the Affected Area 43

    5.5. Resettlement and Rehabilitation Plan 43 5.5.1. Production Rehabilitation Plan 43 5.5.2. House Relocation Plan 44

    5.6. Resettlers’ Administrative Management 45 5.7. Minority People Supporting Arrangement 45 5.8. Vulnerable Groups Supporting Arrangement 46 5.9. Rehabilitation Plan for Special Facilities 47

    5.9.1. Irrigation canal restoration plan 48 5.9.2. Tractor road restoration plan 48 5.9.3. Electric power line restoration plan 48 5.9.4. Telecom line restoration plan 48

    6. RESETTLEMENT COST ESTIMATE 49 6.1. Basis and Principles of Cost Estimate 49

    6.1.1. Basis of Cost Estimate 49 6.1.2. Compensation Principles 49

    6.2. Compensation Cost Estimate 49 6.2.1. Compensation for land acquisition 49 6.2.2. Compensation for Houses 50 6.2.3. Compensation for Cutting of Scattered Trees 50 6.2.4. Compensation for Special Facilities Reconstruction 50 6.2.5. Other Cost 50 6.2.6. Taxes 51 6.2.7. Total Resettlement Cost 51

    7. INSTITUTIONAL ARRANGEMENTS & IMPLEMENTATION SCHEME 53 7.1. Institutional Arrangement 53

    7.1.1. Establishment of Resettlement Organizations 53 7.1.2. Working Relations between Organizations 57 7.1.3. Measures for Enhancing Capacity of Organizations 57

    7.2. Resettlement Implementation Scheme 58 7.2.1. Implementation Procedures 58 7.2.2. Progress Schedule 60 7.2.3. Resettlement Fund Allocation Scheme 61

    8. PARTICIPATION, DISCLOSURE AND GRIEVANCE PROCEDURE 64 8.1. Public Participation 64

    8.1.1. Participation in Resettlement Preparation 64 8.1.2. Participation in RP Preparation 64 8.1.3. Participation during Resettlement Implementation 65

    8.2. Disclosure of Resettlement Policy and Resettlement Plan 66

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    8.2.1. Publicize the Impact Survey Results 66 8.2.2. Clarify the Compensation Policies 66 8.2.3. Prepare and Distribute Resettlement Information Booklet 66 8.2.4. Holding Meetings 67

    8.3. Grievance and Appeal 67 9. MONITORING & EVALUATION 68

    9.1. Internal Monitoring 68 9.1.1. Target and Task 68 9.1.2. Institution and Staff 68 9.1.3. Monitoring Contents 68 9.1.4. Monitoring Procedures 69 9.1.5. Reporting 69

    9.2. External Resettlement Monitoring and Evaluation 69 9.2.1. Target and Tasks 69 9.2.2. Institution and Staff 70 9.2.3. Main Indicators to be Monitored and Evaluated 70 9.2.4. Monitoring and Evaluation Measures 70 9.2.5. Working Processes 72

    9.3. Reporting 73 9.3.1. Internal Monitoring Progress Report 73 9.3.2. Independent M&E Report 74

    Annex 1: Resettlement Information Booklet 76 Annex 2: Explanation for dry land compensation standard for the Realigned Section of the Tongyan (Tongxin-to-Yanchuanzi) Expressway 82 Annex 3: Jingyuan County Government Document about explanation on land acquisition compensation standard for realigned section (photocopy) 85 Translation of Annex 3 86

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    I Executive Summary A. Status of the Resettlement Plan The Tongxin to Yanchuanzi Expressway with a total length of 182 km is part of the main trunk road towards the west part of the country, from Fuzhou City to Yinchuan City (Ningxia). Part of sections of Yin-Fu Road will also connect with other key national key trunk roads, including Qingdao to Hongqilapu, and Shanghai to Wuwei. The Resettlement Plan for the whole Tongxin to Yanchuanzi Expressway was finished in November 2002. According to the new planning of Ningxia Government, an important reservoir for the southern part of Ningxia will be located in the current alignment area of the Expressway section to be constructed. The road section with the total length of 12.72 km within Shizi-Yanchuanzi Section will be realigned. This supplementary resettlement plan is prepared for the proposed realigned section. The section starts from Maxipo Village, Jingyuan County (K191+843.66), and ends at Baijia Village, Jingyuan County (K202+571.972). The length of the realigned section is 10.73 km, which is 1.99 km shorter than the original length. B. Scope of Land Acquisition and Resettlement The Project will have land acquisition and resettlement impacts on 1 county, 2 townships, and 2 administrative villages. 730.82 mu of land will be permanently acquired by the Project, including 88.44% cultivated land (all is dry land). A total of 77 households will be affected. During construction period, 389.84 mu land areas will be occupied temporarily. A total of 1285.5 square meters of houses will be demolished, including 76.3% of brick wood structure, and 23.7% of brick earth wood structures. The demolition will cause relocation of 10 households, averaging 88.81 square meters per household. In total, 77 households will be affected by land acquisition and house demolition. C. Policy Framework and Entitlements For people unavoidably affected, the resettlement objective is to achieve equal or better income and living standards in line with the PRC Land Administration Law (1998), State Council Document No. 28, and the ADB’s Policy on Involuntary Resettlement. According to the policy and basic socioeconomic conditions of project county, land compensation standards have been established based on 14 times the average annual output value (AAOV). The compensation rate for the only affected type of farmland – dry land will be CNY 2500 per mu. Those people losing land temporarily during construction will receive a payment equivalent to production value foregone for the period of loss, which is expected to be 2 years. The land used temporarily will also be restored by the contractor to the original condition. For structures to be demolished, replacement value will be provided to the affected households based on compensation rates, which is CNY 350 per square meter for brick wood structure, and CNY 280 per square meter for brick earth wood structure. Those losing housing will be able to acquire new housing sites with their existing group or village, and close to a road. All sites will be provided with necessary infrastructure conditions at least equal to the relocated households’ pre-relocation level. There will be no reduction in house compensation for depreciation, and people can salvage materials from their old houses.

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    D. Resettlement Strategy Efforts to minimize resettlement effects have been made based on consultations with local officials and APs during all the design stages, which avoids towns and large clusters of rural housing. For those unavoidably affected, the resettlement strategy is to replace losses of housing, land, other assets, infrastructure and income. The land acquisition will have a certain impact on the income and livelihood of the affected people. Based on consultation of local affected peoples, most land acquisition compensation will be provided to the affected people in cash, and the rest will be provided to the affected villages, which could be used either on improving existing farming conditions, such as extend irrigation system or investing other sideline or non-land based production activities. The cash to the APs will be used to expand businesses, improve animal husbandry, plant cash crops and tress, and provide income security until they find outside work. It is also recognized that new employment and income generation opportunities would arise during construction and after the expressway is completed. The resettlement entitlements are provided to the people affected prior to the commencement of ground clearance and demolition. Housing compensation and compensation for young crops and other assets will also be provided directly to people losing those assets. The relocated families will receive moving allowances and temporary housing allowances. Compensation for infrastructure will be paid to the concerned government departments for restoration. Also, expressway contractors will give priority to affected households in the allocation of unskilled jobs during construction. E. Institutional Arrangements NHCAB will assume the overall responsibility for implementing resettlement according to the RP. Its coordination department will be directly responsible to coordinate the planning, supervision, financing and reporting of resettlement for the Project. The resettlement office has been set up in the affected county, and staff have been assigned in all affected townships and villages to implement resettlement. The county land and resources office will take the primary responsibility for the resettlement consultation, implementation and timely delivery of entitlements, with assistance from concerned townships and villages. F. Vulnerable Groups For the vulnerable people, including elderly living alone, disabled, household headed by women, and poverty households, the Project will provide additional training and physical support. These entitlements will also be provided to other affected households facing severe impacts and risks caused by land acquisition and house demolition. The specific type of assistance will be determined according to the actual condition and their needs during detailed measurement survey, and included in the updated RP. G. Consultation and Grievance Redress The State Land Law requires disclosure and consultation with APs. Affected villages have been notified about the key elements of the RP during meetings and interviews. Resettlement information will be disclosed to all affected persons. During compensation agreement signing, there will be further notifications and consultations to discuss specific impacts and how they will be addressed.

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    In case of grievance, all complaints will be processed based on the Government Regulation Number 431 on Grievance and Redress. People affected can submit their oral or written complaint first to the village committee or the township resettlement team. If their complaint is not settled in two weeks, they can seek redress at the county resettlement office, within one month. If still unresolved within two weeks, the Project owner will try to achieve a solution. The final redress would be sought, if necessary, in the civil courts, in accordance with the Civil Procedures Act. H. Monitoring and Reporting The requirements for internal and external monitoring and evaluation are included in the RP. The independent monitor will ascertain whether APs have (i) received their full entitlements on time and (ii) fully restored their livelihoods, income levels and living standards. The monitor will conduct a baseline survey prior to resettlement, investigations during resettlement, and survey update two years after the completion of resettlement. The monitor will provide ADB and NHCAB with copies of the monitoring and evaluation reports during resettlement implementation and at least a year after resettlement completion. An internal monitoring and reporting system will be established. NHCAB will report to ADB on the progress of land acquisition and resettlement during implementation. After completion of land acquisition and resettlement, they will prepare a resettlement completion report for submission to ADB. I. Resettlement Cost and Implementation Schedule The resettlement budget estimate for the Project is CNY 7.9 million. This includes compensation for land, housing, other assets, moving allowances, assistance for vulnerable groups, infrastructure, administration, taxes, monitoring and evaluation, and contingencies. NHCAB will supplement the resettlement budget, as may prove necessary, to meet any shortfall which emerges in achieving the resettlement objectives. The resettlement implementation schedule has been prepared based on the Project construction timetable agreed by NHCAB and ADB. It is estimated that land acquisition and housing demolition will commence at the beginning of 2009.

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    II OBJECTIVES OF RESETTLEMENT PLAN AND DEFINITION OF RESETTLEMENT TERMINOLOGY This Resettlement Plan (RP) is prepared according to the Laws and Regulations of PRC and Ningxia Hui Autonomous Region, as well as the resettlement policy of ADB. The purpose of this document is to set out a policy framework and an action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. This RP is a legally binding agreement between the Executing Agency (EA) –Ningxia Highway Construction Administration Bureau (NHCAB) and both the ADB and the local government offices involved with resettlement implementation, whereby NHCAB will take overall responsibility to ensure the action plans are adequately financed and properly implemented by the county governments. This RP will be approved by Ningxia Communication Department on behalf of Ningxia Hui Autonomous Region Government. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories:

    a) persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land) or any other asset acquired or possessed, in full or in part, permanently or temporarily;

    b) persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or

    c) persons whose standard of living is adversely affected as a consequence of land acquisition and/or resettlement activities.

    A definition of PAPs is given below: Definition of the PAPs: “Affected Persons” means persons who on account of the execution of the project had or would have their: a) standard of living adversely affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation, work or place of residence or habitat adversely affected, and “Affected Person” means individually all those who qualify as “Affected Persons.”

    PAPs may be individuals or legal entities such as a company, a public institution. Definition of PAPs is not limited or restricted to their legal registration or permission to live or conduct business in the affected location, or their title to property. Thus it includes:

    a) all those affected by the project regardless of their legal rights or absence thereof to the assets being taken; and b) persons without residential permit to live in a certain area.

    Therefore all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal status regarding assets, land or location.

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    All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons. All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets in a fair manner compared with those with formal legal title, authorization or permission to the assets.

    The term RESETTLEMENT includes:

    a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are lost or severely

    affected; c) restoration (or compensation) of affected productive resources such as land,

    workplaces, trees and infrastructure; d) restoration of other adverse effects on PAPs’ living standards (quality of life)

    through land acquisition, indirect resettlement impacts or other project impacts; e) restoration of or compensation for affected private and public enterprises; f) restoration of adversely affected on cultural or common property.

    Rehabilitation means: The restoration of the PAPs’ resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that without the project.

    The objective of this RP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels in a sustainable manner. Affected productive resources of businesses, enterprises (including shops) and public facilities and infrastructures will also be improved or at least restored to their pre-project levels.

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    III THE RESETTLEMENT PLAN II. GENERAL

    A. Project Background 1. The Tongxin to Yanchuanzi Expressway with a total length of 182 km is part of the main trunk road towards the west part of the country, from Fuzhou City to Yinchuan City (Ningxia). Part of sections of Yin-Fu Road will also connect with other key national key trunk roads, including Qingdao to Hongqilapu, and Shanghai to Wuwei. The proposed expressway is also important part of main trunks of road network in Ningxia. The completion of this expressway, together with the existing GZ25, will form the main north to south highway framework in Ningxia. It will improve road network in both Ningxia region and Guyuan Municipality (prefecture), which will play an important role to promote regional economy and improve current backward conditions in the project areas. 2. The Resettlement Plan for the whole Tongxin to Yanchuanzi Expressway was finished in November 2002. According to the new planning of Ningxia Government, an important reservoir for the southern part of Ningxia will be located in the current alignment area of the Expressway section to be constructed. About 13-km road section within Shizi-Yanchuanzi Section will be realigned. This supplementary resettlement plan is prepared for the proposed realigned section (hereinafter refer to as “the realigned section” or “the Project”).

    B. Project description 3. The original 12.72-km expressway section within Shizi-Yanchuanzi Section will be realigned. This section starts from Maxipo Village, Jingyuan County (K191+843.66), and ends at Baijia Village, Jingyuan County (K202+571.972). The length of the realigned section is 10.73 km, which is 1.99 km shorter than the original length. Under NCD, a unit called Ningxia Yin-Wu Expressway Construction Headquarter (NYECH) was established in 2001 to be responsible for the project preparation and construction. This unit will include the same group of staff and same legal person as for the construction of Yaoye Expressway in 1997, Shizhong Expressway in 1999, Zhonghao Expressway in 2000, and Yin-Wu Expressway in 2001. NYECH has 110 persons, 70 percent with college degrees. The Headquarters consist of a Construction Division, a Quality and Safety Division, a Finance Division, and a Coordination Division (Resettlement) and Office. In April 2006, the Ningxia Highway Construction Administration Bureau (NHCAB) was setup by combining Ningxia Yin-Wu Expressway Construction Headquarters, Ningxia Yin-Gu Expressway Construction Headquarters, and Ningxia Highway Construction Management Center. The departments under NHCAB are similar to those under NYECH.

    C. Project Affected Area 4. The county and townships included in the RP study were those where either structures or land will be taken. The affected county is Jingyuan County. Within the county, there are 2 townships affected, including 2 administrative villages and 4 village groups and 77 households affected. (Table 1.1)

    Table II.1 Number of Administrative Units Involved

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    County Township Administrative Villages

    Village Groups

    Affected Households

    Jingyuan 2 2 4 77* *: The number of the affected households will be reconfirmed during compensation agreement signing.

    D. Measures to Reduce the Project Impact 5. In order to ensure that some people are not disadvantaged in the process of development, efforts have been made by NHCAB to avoid or minimize resettlement effects. If impacts are unavoidable, the NHCAB through compensation and rehabilitation will help to restore the quality of life and livelihoods of those affected. There will also be opportunities to improve the quality of life, particularly for vulnerable groups. Based on this, following measures have been taken or will be taken during the design and construction period in order to minimize resettlement impacts. Through realignment, the impacts on land and house decreased largely. Please refer to the following table for details: Table 1.2 Comparison of impacts of land and house before and after realignment

    in the realigned section

    Item Dry land Other land Total Unit mu mu mu

    Before realignment 1024.75 284.33 1309.08 After realignment 646.36 84.46 730.82

    Change -36.93% -70.30% -44.17% Item Brick timber house Timber tile house Total Unit sq.m. sq.m. sq.m.

    Before realignment 710 2106 2816 After realignment 888.1 397.4 1285.5

    Change 25.08% -81.13% -54.35% 1. Minimize the Project Impact Area

    6. When aligning the route, a key design principle was to minimize the land acquisition and house demolition of expressway. This was achieved by: (a) avoiding cities, towns and densely populated residential areas; (b) occupying as little land as possible; and (c) placing the alignment close to, rather than through, villages. 2. Reducing the Impact of the Project Construction

    7. During the project planning and design stages, the Design Unit and the Project Owner has adopted some effective measures to reduce project impact on production and living conditions of local residents.

    A. Recognize the impacts and inconvenience brought upon by the construction of the expressway and adopt measures such as building elevated pass-way or underground passageway for those residential concentrated areas; when passing through a township town, parallel local roads will be provided; and all highway pass-ways will be designed to accommodate farm-use vehicles and transporting animals. For those

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    affected irrigation canals, they will be restored in order to ensure the normal farming activities will not be adversely affected.

    B. Optimize construction design, reduce construction period, and plan housing

    removal and construction in reasonable period such as during farm slack season, so as to decrease the project impact on local production. Longer-term (more than 2 years) construction sites that acquire land temporarily should utilize wasteland as far as possible.

    C. Reduce the dust and treatment of waste materials. Construction contractors

    should carefully select routes for transporting soil and stone, and adopt measures to prevent the falling of soil on the roads. There are many waste materials produced in construction sites because of the long project construction period and large number of employees. The Project owner and construction contractors should follow the environmental regulations and requests of local environmental and hygienic departments on treatment of the domestic waste materials in the site of construction sites in order to prevent epidemics.

    3. Establish a feasible Resettlement Plan and implementation programs 8. When land acquisition and house demolition are inevitable, according to the regulations from the PRC, Ningxia Hui Autonomous Region, and the resettlement policy of the ADB, the project office will ensure adequate compensation and rehabilitation based on Resettlement Plan. The preparation of RP is based on extensive involvement of local officials and PAPs in consultation, collecting basic information, analyzing local socio-economic conditions, and combining local actual condition to develop a feasible RP in order to ensure basic interests of affected people are protected and livelihood and income of affected people are restored. 9. In order to guarantee the smooth implementation of the resettlement plan, the following works will be adopted during the construction period.

    A. Strengthening internal monitoring and external monitoring on resettlement

    implementation; and setting up an effective feedback system in order to solve problems in timely fashion in resettlement implementation.

    B. Enhancing Public Awareness and Participating: Before project construction,

    construction schedule notices will be posted in project impact areas and resettlement areas. Meanwhile, the compensation policies of land requisition, house removal and resettlers’ relocation will be published, which will be monitored by the PAPs. During construction, priority will be given for using local materials, local transportation means and local labor forces, so affected people can obtain additional benefits from the project.

    E. Project Cost Estimate and Implementation Schedule

    10. According to the real situation of the Expressway, the implementation of the civil construction was divided into 3 sections. The timetable for the 3 sections is as follows:

    • Construction (Section 1) May 2004 - Oct.2007

    • Construction (Section 2) July 2005 - Oct 2008

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    • Construction (Section 3, including realigned section) April 2009 - 2011

    11. For details of the section division, please refer to the following maps showing sections 1, 2 and 3 (realigned section).

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    Map 1-1 Illustration map showing different sections of the Expressway

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    Map 1-2 Illustration map showing the realigned section

    F. Preparation for Resettlement Planning 1. Impact inventory survey 12. Based on the scope of the land acquisition for the Project, determined by Ningxia Highway Investigation and Design Institute (NHIDI), in December 2007, the Project Office organized a resettlement impact inventory survey team with staff coming from NHIDI and relevant local county and township governments. The survey team carried out a survey in the project area on the project impact inventory including affected population, demolished houses, and acquired land areas. 2. Socioeconomic Survey 13. After the impact survey, in order to analyze the Project’s social impact and prepare a feasible and practical RP, a social-economic survey was carried in December 2007. The survey covers the existing social and economic conditions of affected counties, townships, villages, and individual households and the extent of the possible impact induced by the project on the local social and economy. The survey was based on a combination of collecting various statistical social and economic data among affected townships and villages and conducting 17 sample household interviews in 2 villages in the project affected areas. The purpose of the socioeconomic survey was threefold. 14. One is to have a basic understanding of social economic conditions and development plan for the project areas affected by land acquisition and house relocation, which will be based on collecting different data and statistics from planning, statistics,

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    agricultural departments of local government, including: GDP, national income, gross agricultural output value, per capita income, agricultural and sideline products, various price information, agricultural planting patterns, farming area, per mu yield, farm land tenure conditions and annual statistical reports. 15. The other is to have a clear picture of production and living conditions of the affected villages and individuals and potential impacts of land acquisition and house demolition on these communities. It will be based on existing village annual reports and sample survey among affected households. 16. Third, to provide partial baseline for resettlement monitoring and evaluation program to be carried out during resettlement implementation. 3. Resettlement Planning 17. The resettlement planning of the project is organized under the leadership of the Project Owner and local government at all levels. Based on the impact survey and extensive consultation among affected villagers, a resettlement plan was prepared. It is believed that after resettlement and rehabilitation together with the local economic development brought by the Project, the living standard of the resettlers will reach or exceed that before resettlement.

    G. Policy Basis and Objective of Resettlement Plan 1. Policy Basis 18.

    (1) The Land Administration Law of the People’s Republic of China (Promulgated by Order No.8 of President of the Peoples’ Republic of China on August 29, 1998, and effective as of January 1, 1999);

    (2) Implementation Regulations for Land Administration Law of the Peoples

    Republic of China (Promulgated by Order No.256 of the State Council of the Peoples Republic of China on December 27, 1998, and effective as of January 1, 1999);

    (3) Land Administration Regulation for Ningxia Hui Autonomous Region

    (Promulgated on November 17 2001). (4) Decree on Compensation Rates for Land Acquisition and Resettlement for

    Western Corridor – Yinchuan to Wuhan Expressway (Ningxia Section), Ningxia Hui Autonomous Region Government, no. 192, 2001.

    (5) ADB Resettlement Policy: Handbook on resettlement: A Guide to Good

    Practice. (6) ADB policy on minority people.

    2. Planning Principles Adopted by the Project 19.

    (1) Adopting engineering, technological, economical measures to avoid and minimize land requisition and house relocation; however, when land requisition and house relocation is unavoidable, effective measures should be taken to

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    reduce or minimize impacts on production activities and living conditions of local residents.

    (2) In the preparation stage of the project, social economic investigation has

    been conducted and detailed resettlement plans should be prepared. (3) Resettlement plan should be based on the affected property indexes and

    compensation standards to improve, and at least to restore the original living standard of resettlers.

    (4) Promoting developmental resettlement. Resettlement in rural area should

    be land based, supported by advanced local second and tertiary industries to seek more employment.

    (5) The project proponent should encourage PAPs to take part in the

    resettlement planning. (6) Relocated population should be first resettled within their own

    communities (7) Resettlement and original residents in the resettlement area should benefit from the project. (8) Vulnerable people including those extremely poor people with annual per capita income below CNY580 should be provided additional mitigation or entitlements to improve their standard of living.

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    III. THE SOCIOECONOMIC PROFILE OF THE AFFECTED AREA

    A. Nature and Geography of Project Affected Areas 20. The realigned section is located in Guyuan Municipality in the south part of Ningxia Autonomous Region. Guyuan Municipality borders with Wuzhong City to the north, and Gansu Province to the east, south and west. The total land area of Guyuan Municipality amounts to 16,782 square kilometers. Guyuan Municipality consists of 6 counties, including Yuanzhou, Jingyuan, Xiji, Longde, and Pengyang. By the end of 2006, the total population was 1,512,268. Besides Han nationality, there are 14 ethnic minorities with Hui being the major minority population (657,938 people). The Project will affect Jingyuan County. 21. Jingyuan County is located to the south of Guyuan County. It borders Longde County to the west, and Gansu Province to the east and the south. Jingyuan County is a national poverty county with mountain and ethnic minority as its main characteristics. The total land area is 1130.9 square kilometers. By the end of 2006, the population in Jingyuan County had been 121,140, with Hui nationality accounting for 75.13%. Among total population, 111,483 people were rural population. Among total area, there are 16,800 ha farmland. The minerals include lead, silicon, etc. The main tourist attractions include Liupan Mountain.

    B. Socioeconomic Profiles of Project Affected Areas 22. Guyuan Municipality (prefecture level) is located in the south of Ningxia Hui Autonomous Region. Since the 1990s, under strong support by both state government and Ningxia government, the people in Guyuan have achieved relative strong growth in its economy. By the end of 2006, the GDP reached to CNY5.193 billion. Among the total GDP, the primary sector was 1.402 billion. The secondary sector was 1.073 billion. And the tertiary sector was 2.718 billion. The current sector structure also indicates that in Guyuan, the percentage of agriculture sector is still high in the whole economy, and the industrial sector is relatively weak. While the tertiary sector represented by tourist and trade is developing along the way. Table provides basic social economic indicators in Guyuan in the past 15 years. It is noted that the population in Guyuan Municipality experienced decline between 1990 and 1995, since 1999, and 2004. Because Haiyuan County under Guyuan became one county of Zhongwei Municipality in 2004. One explanation of such decline between 1990 and 1995, since 1999 is because of out migration under poverty alleviation programs, which have successfully resettled many poor people from resource deficient remote mountain areas to the irrigated plain in Ningxia Hui Autonomous Region. Guyuan Municipality is one of such poverty related resettlement target area and poverty related resettlement has been implemented for a number of years, this also explains the population decline in Jingyuan County and Haiyuan County in recent years. The Poverty Alleviation Office has confirmed that the reason of the population decrease in Guyuan Municipality is poverty alleviation resettlement. Such resettlement and relocated people are based on poverty line instead of nationality. For example, it appears that the relocated population in the one village of Jingyuan County is mainly Han.

    Table 2.1 Main social-economic data of Guyuan City in Recent Years

    Index Year

    Population ( )million

    GDP (million

    GDP per capita

    Per capita rural income

    Percent of Hui Nationality

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    )CNY (CNY/per) (CNY/per) 1990 1.62 351.7 46.7% 1995 1.48 553.4 58.6% 1999 1.92 1007.5 48.1% 2000 1.86 2166.4 1159 927.8 47.4% 2001 1.87 2600.0 1390 1034.4 47.3% 2005 1.51 4488.0 2980 1715.0 42.9% 2006 1.51 5193.0 3463 1925.0 43.5%

    Source: Ningxia Statistical Yearbook 2001, Guyuan City Statistical Yearbook 2002, Ningxia Statistical Yearbook 2006 and 2007. 1. Basic Profile of Affected County 23. The land requisition and house relocation will involve Jingyuan County. Jingyuan County is a national poverty county with 98 percent of land area being mountainous. In 2006, the total population is 121,140 with 75.13 percent being Hui nationalities. Due to poor natural condition, lack of capital and poor infrastructure, Jingyuan economy has always been lagging behind. In the recent years, along with gradual improvements on transport and infrastructures, steady economic growth was achieved in Jingyuan County. The GDP reached to CNY376.9 million in 2006, averaging CNY3,111 per person. The average annual per capita net income in rural area in 2006 was CNY1,738. The basic social economic indicators for Jingyuan County in recent years are presented in Table 2.2.

    Table 2.2 Main social-economic data of Jingyuan County in Recent Years

    Index Year

    Population ( )1000

    GDP (million CNY)

    GDP per capita ( )CNY/per

    Rural Per Capita Income

    (CNY/person) 1990 93,500 40.0 427.8 246 1991 95,600 43.0 449.8 260 1992 97,600 40.0 409.8 237 1993 99,000 38.0 383.8 305 1994 103,700 67.0 646.1 465 1995 105,800 61.0 576.6 457 1996 106,000 83.0 783.0 615 1997 108,900 92.0 844.8 699 1998 109,100 106.0 971.6 774 1999 112,200 115.0 1025.0 946 2000 81,900 88.0 1074.5 971 2001 83,300 100.7 1208.9 1025 2005 122,325 326.2 2702.0 1508 2006 121,140 376.9 3111.0 1738

    Source: Guyuan City Statistical Yearbook for 2000 and Jingyuan County Statistical Yearbook 2002. Ningxia Statistical Yearbook 2006 and 2007. 2. Profile of affected townships 24. The realigned section will affect 2 townships. Of the 2 townships or towns, there are 41 administrative villages, 168 village groups, 14,703 households and 51,086 persons. There is 108,930 mu of farmland in these 2 townships, averaging 2.13 mu per person. Of total population, about 59.4% are Hui nationality. Agricultural income only holds a small proportion of total income in the project affected areas. According to the

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    official statistical data, in 2006 agricultural income accounted for 17.76% of farmers’ total income in Jingyuan County. For dry land, the main crops are corn and wheat, but with much less yield, averaging below CNY200 per mu. The basic profile of affected townships is shown in Table 2-3.

    Table 2.3 Basic profile of affected townships (1)

    County Township Village Village group Household Person

    Unit Number Number Household Person Jingyuan Liupanshan 22 86 5367 20092

    Xiangshui 19 82 9336 30994 Total 41 168 14703 51086

    Table 2.3 Basic profile of affected townships (2)

    County Township Hui Nationality % of Hui Nationality Rural labors Farmland

    Per capita farmland

    Unit Person % Person Mu Mu/ personJingyuan Liupanshan 1648 8.20% 12428 69930 3.48

    Xiangshui 28188 90.95% 12826 39000 1.26 Total 29836 58.40% 25254 108930 2.13

    3. Profile of affected villages 25. Among the 2 townships, 2 villages will be affected by land acquisition and resettlement, which accounts for 4.88% of total administrative villages. Of these 2 affected villages, there are 211 households and 842 individuals. The average family size is 3.99 persons. Among these 2 villages, there is 4380 mu of dry land. Among that, 3540 mu has been returned from farming to forestry. The rest 840 mu is cultivated land. In average, each rural person will have 1.00 mu of cultivated land. Of total population in 2 affected villages, there are 174 persons of Hui nationality, accounting for 20.67% of total population. The distribution of Hui nationality is to concentrate on certain villages. There is 100% of Hui population in total in Baijia Village, and no Hui population in Maxipo Village. The following tables provide basic profile of affected villages.

    Table 2.4a Basic profile of affected villages (1)

    Township Village Numbers of village groups

    Total household

    Total population

    Person per household

    Hui population

    Hui percentage

    in total Unit household person Person person %

    Liupanshan Maxipo 2 168 668 3.98 0 0.00% Xiangshui Baijia 2 43 174 4.05 174 100.00%

    Total 4 211 842 3.99 174 20.67%

    Table 2.4b basic profile of affected villages (2) Township Village Dry land Among that: Cultivated Per capita Average net

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    returned from farming to forestry

    land cultivated land income per farmer

    Unit mu mu mu mu/person CNY/person Liupanshan Maxipo 2960 2520 440 0.66 2160 Xiangshui Baijia 1420 1020 400 2.30 1740

    Total 4380 3540 840 1.00 Introduction of Maxipo Village 26. The total population is 668, and the total households are 168. 100% of the villagers are Han Nationality. The total area of the farmland is 2960 mu, and all of the farmland is dry land. Among the total dry land, 2520 mu has been returned from farming to forestry. Only 440 mu is cultivated land so the per capita cultivated land holding is 0.66 mu. The reported per capita annual net income in this village in 2007 is CNY 2180. Introduction of Baijia Village 27. The total population is 174, and the total households are 43. 100% of the villagers are Hui Nationality .The total area of the farmland is 1420 mu, and all of the farmland is dry land. Among the total dry land, 1020 mu has been returned from farming to forestry. Only 400 mu is cultivated land so the per capita cultivated land holding is 2.30 mu. The reported per capita annual net income in this village in 2007 is CNY 1740. 4. Basic Profile of Affected Households 28. In order to have a better understanding of basic profile of affected households and facilitate the analysis of their impacts and development of resettlement policies and rehabilitation measures, along with project impact survey, a social economic survey was carried out during December 2007, which was based on sample survey among affected households and affected villages. A total of 17 sample households with 80 persons in the 2 affected villages were selected, accounting for 22.08% of total affected households. 2.2.4.1 Basic demographic characteristics 29. The average household size of the population surveyed was 4.71 persons. A high proportion of households (55%) have 4-5 persons and there are very few small or very large families.

    Table 2.5 Household size

    HH size Number of HHs Total population % 2 2 4 5.00% 4 6 24 30.00% 5 4 20 25.00% 6 3 18 22.50% 7 2 14 17.50%

    Total 17 80 100.00% 30. 30% of the population is aged less than 17 years and 11.25% are over 59 years. 58.75% of the population are working-age adults. 52.50% of people in surveyed households are male, and 47.50%, female. 76.25% of people in surveyed households

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    are Han Nationality, and 23.75%, Hui Nationality. No other nationalities were found. For details of the distribution of age, gender and nationality, please refer to the following table.

    Table 2.6 Age distribution

    Age Person % ≤16 24 30.00%

    17-59 47 58.75%≥60 9 11.25%

    Total 80 100.00%

    Table 2.7 Gender distribution

    Gender Person % Male 42 52.50%

    Female 38 47.50%Total 80 100.00%

    Table 2.8 Nationality distribution

    Nationality Person %

    Han 61 76.25%Hui 19 23.75%

    Total 80 100.00% 2.2.4.2 Land and Housing Resources 31. There is only dry land in the affected areas. The average dry land per capita amongst the households interviewed is 3.63 mu. Among that, 2.82 mu per capita have been returned from farming to forestry in recent years. Therefore, the average cultivated land per capita was 0.81 mu. In the surveyed households, the average floorspace per household is 106.06 square meters, and per capita, 22.54 square meters. For details, please refer to the following tables.

    Table 2.9 Land resources

    Total Item Total Per household Per capita

    Dry land 290.1 17.06 3.63 Among that: returned from farming to forestry 225.5 13.26 2.82 Cultivated land 64.6 3.80 0.81

    Table 2.10 Housing resources

    Item unit amount

    Total floorspace sq.m 1803 On average floorspaceper household sq.m 106.06

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    On average floorspaceper capita sq.m 22.54 2.2.4.3 Household net incomes in 2007 32. The following table presents the distribution of household net incomes in the surveyed households. It indicates that all the people have average annual net incomes above CNY 1,600 per capita. And all the around 49% of people have annual net incomes above CNY 2,500 per capita.

    Table 2.11 Distribution of annual net income per capita

    Annual income per capita (CNY)

    Number of persons %

    1600-2000 26 32.50% 2000-2500 15 18.75% 2500-3000 10 12.50% 3000-4000 16 20.00% 4000-6000 6 7.50% >6000 7 8.75% Total 80 100.00%

    33. The following table shows the different net income sources in the surveyed households. It indicates the variety of economic activity carried out along the proposed alignment. Because the affected villages are located in mountainous areas, the output from their only farmland type- dry land is very low. According to the survey results, the farming income only accounts for 6.46% of their total income. Most of their income now comes from the outside job, which was called wage income.

    Table 2.12 Net income sources

    Item Total Per household Per person PercentageUnit CNY CNY CNY %

    Wage income 136,800 8,047 1,710 55.42% Farming income 15,952 938 199 6.46% Sideline income 58,000 3,412 725 23.50% Other income 36,080 2,122 451 14.62% Total 246,832 14,520 3,085 100.00% Notes, according to the survey, other income is mainly the allowance from the governments for the land returned from farming to forestry 2.2.4.4 Household expenditure in 2007 34. The following table presents the distribution of household expenditure in the surveyed households. It indicates that around 29% of the households have annual expenditure above CNY 2,000 per capita and around 71% have annual expenditure between CNY 1,300 and 2,000.

    Table 2.13 Distribution of annual living expenditure

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    Annual expenditure (CNY) Number of persons % 1300-1450 25 31.25% 1450-1600 19 23.75% 1600-2000 13 16.25% 2000-3000 16 20.00% >3000 7 8.75% Total 80 100.00%

    35. The following table shows the expenditure distribution in the surveyed households. It could be found that nearly half of their total expenditure is for food (49%).

    Table 2.14 Expenditure distribution

    Item Total Per household Per capita PercentageUnit CNY CNY CNY %

    Food 73,152 4,303 914 48.77% Clothing 8,516 501 106 5.68% Transport and communication 18,370 1,081 230 12.25% Medicines and medical care 14,850 874 186 9.90% Other 35,116 2,066 439 23.41% Total 150,004 8,824 1,875 100.00% 2.2.4.5 Other Related Issues Knowledge of and attitude to the proposed expressway 36. By the time the socio-economic survey was undertaken, 100% of the surveyed households knew of the proposed expressway. All of the surveyed households recognized that the Project is necessary, because they thought that the Project would provide with them new opportunities to develop transportation, go outside to do their jobs, and run some business. Therefore, 100% of the surveyed households support the Project. Options to be resettled after land acquisition 37. According to the survey, after land acquisition, 88.24% of the surveyed households prefer to receive cash compensation paid directly to them. Only 11.76% of the surveyed households (2 households) prefer to receive replacement land, because they would rather plant farmland. In addition to their contracted dry land, they are now also planting other farmers’ contracted land and pay the rental at CNY 40 per mu per year. However, if enough cash compensation could be received they would lease more farmland to make up for their land loss. Therefore, the decision of cash compensation for contracted land acquisition is based on the APs’ options, and will be acceptable to the APs.

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    IV. PROJECT IMPACT

    A. Determination of Project Impact Scope 1. Permanent Land Acquisition 38. The permanent land acquisition for the Project includes roadbed, bridge and culvert, interchange, service facilities, security facilities, traffic maintenance facilities, parking facilities and nursery structures. All the land requisition areas and the areas where the resident’s living and production condition will be severely affected by the highway construction and can’t be rehabilitated will be included in the project permanent land acquisition scope. The scope of permanent land acquisition area is based on the project design prepared by NHIDI at the end of 2007, and partly adjusted land acquisition area determined by field survey. 2. Temporary Land Occupation for Construction 39. Under the Project, the temporary land occupation includes quarry and sandpit, material mixing plant, spoil area, living and production area during construction and temporary access road for construction. The approximate amount of temporary land occupation for the proposed project has been identified during project design stage but cannot be accurately determined until contractors actually start construction.

    B. Impact Inventory Survey 40. In order to find out the actual amount of land acquisition and housing demolition as well as affected persons among affected villages, based on the impact scope determined by the NHSDI in the field, an impact survey was carried out in December 2007. The survey team was made of staff from Project Office, NHSDI, and the local governments. The inventory survey covered all items affected by the project, including affected population, demolished houses, acquired land areas and special facilities. The field-survey was carried out village by village and household by household, and covered all affected aspects, ranging from acquired land areas, demolished houses, to removed trees and various affected community facilities. The main survey methods are described as follows: 41. Land survey: The land survey data was provided by NHIDI according to the preliminary results of the field survey. 42. Demography: The population affected by the project was divided into two categories, those affected only by land acquisition, and those affected only by house. Based on the actual population affected, sample survey of affected persons has been conducted including their age, gender, nationality, farmland, houses and income and expenditure. 43. House and auxiliary survey: The house survey data was provided by NHIDI according to the preliminary results of the field survey. 44. Scattered tree survey: The scattered tree survey data was provided by NHIDI according to the preliminary results of the field survey.

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    45. Special facility survey: The special facility survey data was provided by NHIDI according to the preliminary results of the field survey.

    C. Affected Inventory (Project Impacts) 46. Based on the impact survey, the Project will have land acquisition and resettlement impacts on 1 county, 2 townships, and 2 administrative villages. 1. Land Acquisition

    a. Permanent land acquisition 47. According to the survey and revision in November 2008 according to final design, about 730.82 mu land will be permanently acquired by the Project, including 88.44% cultivated land (all is dry land). Another 25.65 mu of State-owned river will be used, so the total land occupation will be 756.47 mu. A total of 77 households will be affected. The amount of land acquisition in each affected village is presented in Table 3.1. The impacts of land acquisition on each affected village are described in Table 3.2.

    Table 3.1 Land acquisition by village

    Village Dry land

    returned to forestry

    Cultivated dry land

    Housing plot

    Waste land

    Shrub forest land

    Other collective

    land

    Total collective

    land acquisition

    State-owned river use

    Total land occupation

    Unit mu mu mu mu mu mu mu mu mu Maxipo 112.67 262.89 6.58 6.58 382.14 1.16 383.30 Baijia 108.32 162.48 38.47 39.41 77.88 348.68 24.49 373.17 Total 220.99 425.37 6.58 38.47 39.41 84.46 730.82 25.65 756.47

    Table 3.2 Impacts of land acquisition on each village

    Village Total dry land

    Total cultivated dry land

    Total HHs

    Per HH cultivated dry land

    Dry land to be acquired

    Affected HHs

    Affected dry land in village

    Affected cultivated dry land in

    village

    Affected HHs in Village

    Cultivated dry land loss per affected household

    Total Cultivated Unit mu mu no. mu mu mu no. % % % mu %

    1 2 3 4 5 6 7 8 9 10 11 12 13 Maxipo 2960 1776 168 10.57 375.56 262.89 40 12.69% 14.80% 23.81% 6.57 62.16%Baijia 1512 680.4 43 15.82 270.80 162.48 37 17.91% 23.88% 86.05% 4.39 27.75%Total 4472 2456.4 211 11.64 646.36 425.37 77 14.45% 17.32% 36.49% 5.52 47.42%

    b. Temporary Land Occupation

    48. Based on the current stage design result, a total of 389.84 mu land areas will be occupied temporarily during construction period. 2. Demolished Houses

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    a. Houses Demolition 49. According to the alignment of the expressway based on the final design, a total of 1285.5 square meters of houses will be demolished, including 76.3% of brick wood structures, and 23.7% of brick earth wood structures. The demolition will cause relocation of 10 households, averaging 88.81 square meters per household. A deserted brick wood structure with a total area of 397.4 square meters will also be demolished. That structure was used by Maxipo Primary School before. As a “Hope School” program, Xiamen Xinheda Electronic Co., Ltd. donated CNY 250,000 to build a new Maxipo Primary School. The new school construction was finished in early 2008, and all the students entered new school in the spring semester of 2008. Table 3.3 provides the details of structure demolition and affected households. Table 3.3 Houses demolition and relocation in affected villages

    Village Brick wood Brick earth

    wood Total Affected

    households Unit Sq.m Sq.m Sq.m Household

    Maxipo Village 583.4 304.7 888.1 10 Maxipo Primary School 397.4 0.0 397.4 0 Total 980.8 304.7 1285.5 10

    3. Affected population 50. According to the impact survey, a total of 77 households would be affected by land acquisition and houses demolishing. Among them, 10 households will be affected by house demolition and relocation (Table 3.3); and 77 households would be affected by land acquisition (Table 3.2). Since the alignment of the project is a narrow strip, most of the affected people will only lose part of their land holding. A more accurate account of number of directly affected people will be available after detailed measurement survey. 4. Scattered trees to be removed 51. According to the survey results based on the final design, about 635 various trees located around demolished houses or on the required land will be removed during the project construction. For details, please refer to Table 3.4. Table 3.4 Scattered trees to be removed

    Item unit amount Spruce no. 92 Pear no. 480

    Fruit tree seedling no. 8 Unspecified trees no. 55

    Total no. 635 5. Affected Special Facilities

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    52. According to the survey, the special facilities or infrastructures affected by the project are mainly power transmission line and telecommunications lines.

    6. Affected Minority People 53. Among the 77 households affected by land acquisition and house demolition of the project, 40 households in Maxipo Village are all Han Nationality, and households in Baijia Village are all Hui Nationality. So about 52% of AP are Han Nationality, and 48% of AP are Hui Nationality.

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    V. POLICY FRAMEWORK 54. The preparation and implementation of resettlement for this Project shall follow the Laws and Regulations promulgated by PRC and Ningxia Hui Autonomous Region, and also meet the requirements of ADB’s relevant policies. The adopted compensation standards and rehabilitation measures in the RP will be followed during resettlement implementation. If there is any major policy change during project implementation, the project owner will consult with ADB and reach agreements.

    A. Policy Basis 55.

    (1) The Land Administration Law of the People’s Republic of China (Promulgated by Order No.8 of President of the Peoples’ Republic of China on August 29, 1998, and effective as of January 1, 1999);

    (2) Implementation Regulations for Land Administration Law of the Peoples

    Republic of China (Promulgated by Order No.256 of the State Council of the Peoples Republic of China on December 27, 1998, and effective as of January 1, 1999);

    (3) Land Administration Regulation for Ningxia Hui Autonomous Region

    (Promulgated on November 17 2001).

    (4) Decision of the State Council on Deepening Reform and Tightening Land Administration (State Council Decree 28 of 2004) (Promulgated in October 2004);

    (5) Implementation Opinion of Ningxia Hui Autonomous Region Government on

    "Decision of the State Council on Deepening Reform and Tightening Land Administration" (Ningxia Government Decree 49 of 2005) (Promulgated in May 10, 2005);

    (6) Decree on Compensation Rates for Land Acquisition and Resettlement for

    Western Corridor – Yinchuan to Wuhan Expressway (Ningxia Section), Ningxia Hui Autonomous Region Government, no. 192, 2001.

    (7) ADB’s “Involuntary Resettlement Policy” November 1995 and guidelines -

    “Handbook on resettlement: A Guide to Good Practice” 1998.

    (8) ADB’s safeguard policy for ethnic minorities.

    (9) ADB’s Poverty Reduction Strategy. B. Relevant Provisions of the Laws and Regulations

    1. Land Administration Law of the People's Republic of China"

    56. Land owned by peasant collectives that belongs lawfully to peasant collectives of a village shall be operated and managed by collective economic organizations of the village or by villagers’ committees; land already owned by different peasant collectives that belong to two or more different collective economic organizations in the village shall be operated and managed by the rural collective economic organizations in the village or by villagers’ groups; land already owned by peasant collectives of a township (town) shall

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    be operated and managed by rural collective economic organizations of the township (town). (Article 10) 57. Land requisitioned shall be compensated for on the basis of its original purpose of use. (Article 47) 58. Compensation for requisitioned cultivated land shall include compensation for land, resettlement subsidies, attachments and young crops on the requisitioned land. Compensation for requisition of cultivated land shall be six to ten times the average annual output value of the requisitioned land for three years preceding such requisition. Resettlement subsidies for requisition of cultivated land shall be calculated according to the agricultural population that needs to be rehabilitated. The agricultural population that needs to be rehabilitated shall be calculated by dividing the amount of requisitioned cultivated land by the average per capita cultivated land in the affected village prior to land acquisition. The standard of resettlement subsidy shall be four to six times the average annual output value of the requisitioned cultivated land for three years preceding such requisition. However, the highest resettlement subsidies for each hectare of the requisitioned cultivated land shall not exceed fifteen times its average annual output value for the three years preceding such requisition. (Article 47) 59. Standards of land compensation and resettlement subsidies for requisition of other types of land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of compensation and resettlement subsidies for requisition of cultivated land. 60. Standards for compensation for attachments and young crops on the requisitioned land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government. 61. If land compensation and resettlement subsidies paid in accordance with the provisions of the second paragraph of the Article are still insufficient to help the peasants who need economic rehabilitation to maintain their original living standards, the resettlement subsidies may be increased upon approval by people’s governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the total land compensation and resettlement subsidies shall not exceed 30 times the average annual output value of the requisitioned land for the three years preceding such requisition. 62. The State Council may, in light of the level of social and economic development and under special circumstances, raise the standards of land compensation and resettlement subsidies for requisition of cultivated land. 63. Once a plan for compensation and resettlement subsidies for requisition land is decided on, the local people’s government concerned shall make it known to the general public and solicit comments and suggestions from the collective economic organizations, the land of which is requisitioned, and the peasants. (Article 48) 64. The rural collective economic organization, the land of which is requisitioned, shall accept supervision by making known to its members the income and expenses of the compensation received for land requisition. (Article 49) 65. The compensation and other charges paid to the unit for its land requisitioned is forbidden to be embezzled or misappropriated.

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    66. Local people’s governments at all levels shall support the rural collective economic organizations, the land of which is requisitioned, and the peasants in their efforts to engage in development or business operation or to start enterprises. (Article 50) 67. Where land owned by the State or by peasant collectives needs to be used temporarily for construction of projects or for geologic prospecting, the matter shall be subject to approval by the land administration departments of people’s governments at or above the county level. However, if the land to be temporarily used is located in the area covered by urban planning, the matter shall be subject to agreement by the urban planning administration department concerned before it is submitted for approval. The land user shall, depending on who owns the land and who has the land-use right, enter into a contract for the temporary use of the land with the land administration department concerned, or the rural collective economic organization, or the villagers committee and pay compensation for it in accordance with the provisions of the contract. The temporary land user shall use the land for purposes stipulated in the contract for temporary use of the land and may not build permanent structures on it. Generally, the period for temporary use of land shall not exceed two years. (Article 57) 68. For villagers, one household shall have only one house site, the area of which may not exceed the standard set by provinces, autonomous regions and municipalities directly under the Central Government. (Article 62) 69. Villagers shall build residences in keeping with the township (town) overall plan for land utilization and shall be encouraged to use their original house sites or idle lots in the village. 2. The Regulations of Land Administration in Ningxia Hui Autonomous Region 70. The compensative standard of the land requisitioned: (Article 46) (1) Land compensation: the compensation of cultivated land should be 6 – 10 times of the annual average productive value for last 3 years; the compensation of acquired vegetable land, fruit trees, nursery, fish pond should be 8 – 10 times of the annual average productive value for last 3 years; the compensation of newly developed farmland, rotating farmland should be 4 - 6 times of the annual average productive value for last 3 years; the compensation of acquired grazing land, idled land, and lake areas should be 2 – 3 times value of the same as said above; and the compensation for wasteland should be 1-2 times of the annual average productive value for last 3 years. The compensation for housing plot should follow the compensation of cultivated land nearby. The compensations for the state key construction project should adopt the low limit of the compensation rates. (2) Resettlement Subsidy: for the acquisition of cultivated land (including vegetable, fruit tree, nursery, and fish pond), the resettlement subsidy should be calculated based on number of agricultural population need to be rehabilitated. The number of agricultural population needing economic rehabilitation is obtained by dividing acquired cultivated land with the average per capita farmland of the affected village prior to land acquisition. For each rehabilitated person, the resettlement subsidy should be 6 times the annual average productive value for last 3 years. However, for each ha of farmland, the total amount of resettlement subsidy should not exceed 15 times of the annual average productive value for last 3 years. For the acquired other land areas among rural collectives, the resettlement subsidy should be set at 2 to 4 times of the annual average productive value for last 3 years for each affected person. However, for each ha of other

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    farmland areas, the total amount of resettlement subsidy should not exceed 10 times of the annual average productive value for last 3 years. For acquired un-utilized land, no resettlement subsidy should be provided. (3) Green Crop Compensation: for average crops (including artificial grass), the compensation will be based the average annual productive value in the past three years. For perennial crops, the compensation will be based on 2-3 times of average annual productive value in the past three years. For uncultivated land, no green crop compensation should be provided. (4) It the above land compensation and resettlement subsidies still could not meet the need of restoring original livelihood, with approval of the autonomous regional government, the resettlement subsidy could be increased. However, the total land compensation and resettlement subsidy should not exceed 30 times of the average annual productive value in the past three years. Implementation Opinion of Ningxia Hui Autonomous Region Government on "Decision of the State Council on Deepening Reform and Tightening Land Administration" (Ningxia Government Decree 49 of 2005) (Promulgated in May 10, 2005); 71. Article 12 stipulates that the combined total of land compensation and resettlement subsidy in mountainous area (including all the counties along the Expressway) should not be lower than 10 times the yearly average output value of the land in the previous three years. Decree on Compensation Rates for Land Acquisition and Resettlement Yinchuan to Wuhan Expressway (Ningxia Section) Ningxia Hui Autonomous Region Government, no. 192, 2001. 72. The decree specified a series of compensation rates for acquired farmland and demolished structures for the proposed Yin-Wu Expressway, which will be used as the basis for setting up compensation standards for the prepared Resettlement Plan. According to the consultation with Ningxia Poverty Alleviation Office and Ethnic Affairs Commission, there are no special laws and regulations for ethnic minorities and for poverty alleviation that are relevant to involuntary resettlement at provincial level. 3. ADB Policies 73. ADB’s policy on involuntary resettlement includes the following principles: (1) Involuntary resettlement should be avoided where feasible. (2) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (3) People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project. (4) People affected should be informed fully and consulted on resettlement and compensation options.

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    (5) Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities. (6) The absence of a formal legal title to land by some affected groups should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status. (7) As far as possible, involuntary resettlement should be conceived and executed as a part of the project. (8) ADB policy states that special attention will focus on the needs of the poorest households, female-headed households, and other social groups. These vulnerable groups will be assisted to improve their status.

    C. Compensation Standards 1. Compensation Standards for Land Acquisition

    a. Permanent Land Acquisition 74. According to official data from Jingyuan County Government, it could be calculated the average annual output value of wheat in Jingyuan County, which is the main cultivated dry land farm product in the affected areas, from 2005 to 2007 was CNY 219.98 per mu. According to the survey, among the dry land to be acquired, 34.19% was returned from farming to forestry in 2002. In the total 220.99 mu of land returned to forestry, only 480 fruit trees were planted and so far those trees haven’t born mature fruits. Together with some miscellaneous trees, in total 635 trees will be affected. Since those trees haven’t produced valuable fruits, no annual output value can be calculated for the land returned to forestry. However, compensation for those affected trees will be paid in addition to the compensation for land acquisition. Counting out the land returned to forestry, from 2005 to 2007, the average annual output value of the acquired dry land per mu was CNY 144.77. For details, please refer to the following table.

    Table 4-1 Average annual output value of affected dry land from 2005 to 2007

    Year Data for cultivated dry land Data for dry land including cultivated land and land returned to forestry

    Output per mu Unit priceOutput value

    per mu % of cultivated land in total acquired dry land

    Output value per mu

    unit Kg/mu CNY/kg CNY/mu % CNY/mu 2005 167 1.25 208.75 65.81% 137.38 2006 153 1.4 214.2 65.81% 140.97 2007 158 1.5 237 65.81% 155.97

    On average 219.98 65.81% 144.77 75. Using the estimated average yield, and 14 times of multiples including 10 times for land compensation and 4 times for resettlement subsidy, the calculated compensation for land acquisition in Jingyuan County is 2026.78 CNY/mu.

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    Table 4.2 Compensation for land acquisition calculation for the realigned section

    Item Unit Jingyuan

    Average annual output value CNY/mu 144.77 Multiple of land compensation Times 10 Land compensation standard CNY/mu 1,447.70 Multiple of resettlement subsidy Times 4 Resettlement subsidy standard CNY/mu 579.08 Total CNY/mu 2,026.78 76. In fact, the yield of the land for the two affected villages is lower than the county average since the land is mainly sloping land. In addition, most of the land to be acquired is reforested land containing some intercropping. Therefore, the compensation standard for dry land is set as 2500 CNY/mu, much higher than calculated 2026.78 CNY/mu. Table V.3 Compensation standard for permanent land acquisition No. Category of land Compensation standard (CNY/mu) 1 Dry land 2,500 2 Land for farming returned to forestry 2,500 9 Unused land 1,000

    b. Temporary Land Occupation

    77. According to the general construction schedule, the realigned section will begin construction in 2008 and will be completed in 2010. Although the compensation will be based on the actual number of years of occupation, the budget is estimated based on 3 years of temporary land occupation by the Project. The compensation standard for temporary land occupation is presented in the following table. Table 4.3 Compensation standard for temporary land occupation

    In which

    Number Category of land

    Total Compensation

    standard ( )CNY/mu

    Annual Land Occupation Fee( )CNY/mu

    Total land occupation

    compensation ( )CNY/mu

    Land Reclamation compensation ( )CNY/mu

    1 Dry land 1,000 250 750 250 2 Wasteland 300 100 300

    Note: In average, the temporary land occupation will be about three years. The estimated compensation is based on three years of occupation plus cost for land reclamation. 2. Compensation Standard for Houses and Auxiliaries Demolition 78. The compensation rates adopted for the Project is based on implementation experience in similar expressway projects in Ningxia. In 2004, the average unit cost was CNY220 per m2 for a new brick wood house, and on average CNY150 per m2 for a new brick earth wood house. In recent years, the house construction cost has increased largely. According to the survey and analysis, the present cost increased by about 40% compared with that in 2004. Therefore, the compensation prices for brick wood houses and brick earth wood houses for the realigned section will be increased to CNY350 per m2 and CNY280 per m2 respectively. In consideration of the continuity, CNY220 per m2 for brick wood houses and CNY150 per m2 for brick earth wood houses, which are the

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    same as those for the whole expressway, will be paid in cash. The remaining compensation will be paid in kind, such as providing free construction materials or free labor. A complete list of compensation rates for different structure houses and various auxiliaries is provided in Table 4.5.

    Table V.5 Compensation Rates for Houses and Auxiliaries

    Item Category of asset unit Compensation standard Remarks

    Brick wood houses CNY/m2 350 Houses Brick earth wood houses CNY/m2 280 Earth shed CNY/m2 30

    Well CNY/each 500 Water storage CNY/each 1000

    Tomb CNY/each 500 Vegetable storage CNY/each 500

    Gate CNY/each 280 Brick wall CNY/m2 80 Earth wall CNY/m2 20 Brick floor CNY/m2 20

    Cement floor CNY/m2 30 Brick shed CNY/m2 50

    Caves CNY/each 500 Greenhouse CNY/m2 20 Pumped well CNY/each 4,000 Bio-digester CNY/each 500

    Auxiliaries

    Cement pool CNY/ m2 30 3. Allowance for Relocation 79. In order to assist the affected persons in relocation and rehabilitation, the Project will provide them various moving allowance for relocation including allowance for transportation expense, and temporary housing allowance during demolition and relocation. The cost for site preparation and on-site infrastructure connection is included in the compensation for housing plots Table 4.6 provides a list of these relevant allowances.

    Table 4.6 Allowance for Relocation

    Item Description Unit Standard

    Transportation expense CNY/household 200 Allowance for movement Allowance for temporary house during construction CNY/household 200

    Other Allowance

    Other additional out of pocket expenses, loss of work, medical, schooling.

    CNY/household To be determined according to the real situation

    4. Compensation for Loss of Scattered Trees 80. The compensation rates for loss of scattered trees will be different according to different types, ages and sizes of trees. Based on the actual condition in project area, the compensation standards is set as shown in the following table.

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    Table 4.7 Allowance for Relocation Types Sizes Unit Compensation Rates

    ø 10≦ Piece 5 1030 Piece 35

    mature Piece 200 Pine Tree small Piece 50

    mature Piece 200 small Piece 50

    mature Piece 280 Fruit Trees small Piece 25 Grape Piece 100 Wolfberry Tree Piece 25 Tree roots Piece 20 Nursery Mu 1500

    D. Compensation of Other Facilities 81. The compensation of other facilities or infrastructures for the realigned section, ranging from transmission lines to optical cables, is detailed in the following table.

    Table 4.8 Compensation estimate for special facilities reconstruction

    Item Type Unit Compensation Rates (CNY) 330KV site 500000 110KV site 250000 35KV site 150000 10KV site 50000

    10KV (cable) site 100000 low voltage line 1 site 30000 Low voltage line 2 site 50000

    Transmission line

    Light line site 5000

    Cable Line Power cable1 site 30000 Power cable2 site 50000 Optical cable site 200

    Pipelines Pipelines site 500 “site” refers to each cross section of transmission lines or cables need to be replaced, which often involves replacement 6 poles or 20-30 meters of transmission lines.

    E. Entitlement Matrix 82. All the units and individuals affected by the project are entitled with the following right, compensation and rehabilitation measures as indicated in Table 4.8.

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    Table 4.8 Entitlement Matrix of Compensation and Resettlement Policy

    Types & Level of Impacts

    Entitled Persons Resettlement Policy

    Housing & fixed structure demolishing

    Relocated Household

    1. All demolished houses will be compensated with replacement value without depreciation and the value of the salvageable materials. Salvageable materials of old housing belong to the PAPs, they can use them to build their new houses.

    2. Land requisition impacts little on local production, and the PAPs can continue their production activities in their original

    villages. Therefore, new housing for the PAPs will be built in their original community (villages). Generally 0.5-1.0km apart from their old housing and close to the land they work on. Moving allowance will be provided for all relocated households.

    3. Housing relocation for the realigned section is scattered, thus only 10 households will be relocated in villages along the

    expressway. Houses will be removed and built by the PAPs as they wish. PAPs can use the salvageable materials of their old houses. The PAPs will stay in their old houses until the new ones are completed, and should not be forced to move out before the specified relocation deadline. If temporary transfer is required, transfer allowance should be provided to all affected households. Any medical expense for the affected people due to sick or injured during moving process will be covered by the Project Office.

    4. The township government and village committees will arrange new sites and house plots in a planned way according to the

    regulations. 5. The PAPs will receive 3 months notice before starting housing construction, and will have at least 2-3 months for housing

    construction. Timeframe will be discussed with the PAPs. Off peak months will be chosen for construction to avoid affect on farming activities. PAPs will receive compensation for transportation and transitions.

    6. Effective measures will be adopted to help vulnerable PAPs (old, disabled, extreme poor, female headed families). For them,

    the townships and villages will help them to build new housing and to move in the new house after consulting with them. 7. Housing compensation will be paid to the PAPs before construction of their new houses In case installment is adopted, the

    last installment will be paid before completion of the new houses. 8. The PAPs can lodge appeals or grievance free of charge on any aspects relating to the resettlement including compensation.

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    Table 4.8 Entitlement Matrix of Compensation and Resettlement Policy (2)

    Types of Impacts

    Entitled Persons Resettlement Policy

    Permanent land requisition

    Owner (either village collective or contracted household)

    1. The Project will pay land compensation for all types of lands acquired for the construction. 2. Beside land compensation, the project will pay resettlement subsidy for all types of productive land areas. 3. In addition, the Project will pay to the PAPs compensation of other attachments and young crops on land requisitioned. 4. The land compensation and resettlement subsidy should be used for restoring the production bases and livelihood for the

    affected persons. They could be paid either to the village collectives or affected individuals. For those to be paid to village collectives, land readjustment should be carried out in order to ensure every affected village member has sufficient farmland after land acquisition. The received compensation funds could be used for developing new farmland, upgrading the existing low-yield farmland, intensifying agricultural production, improving irrigation and rural infrastructure, and providing support in the initial resettlement period. They should not be used for other unproductive purposes. For those to be paid directly to affected households, guidance should be provided by county and township governments on how to best use such funds to improve their farming conditions, and engage in various income generation activities.

    5. The land compensation will be paid to the affected units prior to land acquisition.

    Temporary land occupation

    Farming household

    1. The project will pay to the PAPs compensation of attachments and young crops on land temporarily occupied. 2. In addition, the project will also pay compensation for annual output loss, which is set at CNY250 per mu for dry land and

    CNY100 per mu for wasteland. Based on the construction schedule, the estimated compensation for temporary land occupation is based on three years, plus cost of land reclamation.

    3. After the construction is completed, the land occupied by the Project will be restored to farmland and returned to the villages.

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    Table 4.8 Entitlement Matrix of Compensation and Resettlement Policy (3)

    Types and Level of Impacts

    Entitled Persons Resettlement Policy

    Scattered trees

    Owner Cash compensation or transplanting cost will be paid for all trees cut for the project.

    Other facilities and special items

    Owner 1. The project will pay the Owners compensations of all kinds of special items affected by the project, including telecom line, transmission line, and transmission tower etc. the compensation standard for the special facilities will be determined based on the principles of restoring its original function, original scale and original