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WATERSHED Writers Aileen de Guzman Joyce Reyes Editors Chay Florentino-Hofileña Giselle Baretto-Lapitan Project Management Amihan R. Perez Ateneo Center for Social Policy and Public Affairs (ACSPPA) Technical and Editorial Team Rene “Bong’Garrucho, LGSP Mags Maglana, LGSP Tess Gajo, LGSP Myn Garcia, LGSP Orient Integrated Development Consultants, Inc. (OIDCI) Art Direction, Cover Design & Layout Jet Hermida Photography Ryan Anson

Watershed Management:

Watershed Management: SAVING FORESTS, STORING WATER FOR THE FUTURE

SAVING FORESTS, STORING WATER FOR THE FUTURE

Watershed Management: SAVING FORESTS, STORING WATER FOR THE FUTURE

Watershed Management: Saving Forests, Storing Water for the Future Service Delivery with Impact: Resource Books for Local Government

Copyright @2003 Philippines-Canada Local Government Support Program (LGSP)

All rights reserved

The Philippines-Canada Local Government Support Program encourages the use, translation, adaptation and copying of this material for non- commercial use, with appropriate credit given to LGSP.

Although reasonable care has been taken in the preparation of this book, the publisher and/or contributor and/or editor can not accept any liability for any consequence arising from the use thereof or from any information contained herein.

ISBN 971-8597-05-0

Printed and bound in Manila, Philippines

Published by:

Philippines-Canada Local Government Support Program (LGSP) Unit 1507 Jollibee Plaza Emerald Ave., 1600 Pasig City, Philippines Tel. Nos. (632) 637-3511 to 13 www.lgsp.org.ph

Ateneo Center for Social Policy and Public Affairs (ACSPPA) ACSPPA, Fr. Arrupe Road, Social Development Complex Ateneo de Manila University, Loyola Heights, 1108 Quezon City

This project was undertaken with the financial support of the Government of Canada provided through the Canadian International Development Agency (CIDA).

A JOINT PROJECT OF Department of the Interior and Local Government (DILG) IMPLEMENTED BY Agriteam

A JOINT PROJECT OF

A JOINT PROJECT OF Department of the Interior and Local Government (DILG) IMPLEMENTED BY Agriteam Canada

Department of the Interior and Local Government (DILG)

IMPLEMENTED BY

of the Interior and Local Government (DILG) IMPLEMENTED BY Agriteam Canada www.agriteam.ca National Economic and

Agriteam Canada

www.agriteam.ca

(DILG) IMPLEMENTED BY Agriteam Canada www.agriteam.ca National Economic and Development Authority (NEDA)

National Economic and Development Authority (NEDA)

National Economic and Development Authority (NEDA) Federation of Canadian Municipalities (FCM) www.fcm.ca

Federation of Canadian Municipalities (FCM) www.fcm.ca

Authority (NEDA) Federation of Canadian Municipalities (FCM) www.fcm.ca Canadian International Development Agency

Canadian International Development Agency

CONTENTS FOREWORD i ACKNOWLEDGEMENTS iii PREFACE v ACRONYMS vii EXECUTIVE SUMMARY xiii

CONTENTS

CONTENTS FOREWORD i ACKNOWLEDGEMENTS iii PREFACE v ACRONYMS vii EXECUTIVE SUMMARY xiii
CONTENTS FOREWORD i ACKNOWLEDGEMENTS iii PREFACE v ACRONYMS vii EXECUTIVE SUMMARY xiii

FOREWORD

i

ACKNOWLEDGEMENTS

iii

PREFACE

v

ACRONYMS

vii

EXECUTIVE SUMMARY

xiii

INTRODUCTION

1

CHAPTER 1: OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR

7

Water as the Major Concern of Watershed Management

7

Watershed Defined

8

Watershed as a Planning and Management Unit

9

Nature of Watershed Degradation and Its Consequences

11

Causes of Watershed Degradation

13

Guiding Principles for Improved Watershed Management

13

Watershed Management Interventions

14

CHAPTER 2: LGU MANDATES ON WATERSHED MANAGEMENT

19

General

19

Watershed Management/Forestry Development Planning

27

Community-Based Forest Management (CBFM)

28

Industrial Forest Management

34

Ancestral Domain

35

Protected Areas

36

Mining

38

Environmental Impact Assessment of Forestry Activities

42

Others

43

International Covenants

44

CHAPTER 3: IMPLEMENTATION AND POLICY ISSUES AND RECOMMENDATIONS

47

Policy Gaps

47

Technical and Funding Capabilities of LGUs

49

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CONTENTS       51 Socio-Economic Conditions in LGUs Coordination of Sectoral Plans and Activities

CONTENTS

   
   
 

51

Socio-Economic Conditions in LGUs Coordination of Sectoral Plans and Activities

53

CHAPTER 4: GOOD PRACTICES IN WATERSHED MANAGEMENT Forest Land Use Planning Community-Based Forest Management and Tenure Security Forest Management and Protection Information, Education, and Advocacy Multisectoral Participation Fund Support Generation Environmental Performance Monitoring

57

57

63

70

80

84

88

92

CHAPTER 5:

REFERENCES AND TOOLS

97

Study Tour Sites References

 

97

101

ENDNOTES ANNEXES Philippine Strategy for Watershed Management Allocation and Management of Timberlands : Why Municipalities Should Get Involved

107

109

109

137

   

145

Community-Based Forest Management No Forest Without Management

161

161

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FOREWORD

FOREWORD T he Department of the Interior and Local Government is pleased to acknowledge the latest

T he Department of the Interior and Local Government is pleased to acknowledge the latest publication of the Philippines Canada Local Government Support Program (LGSP), Service Delivery with Impact: Resource Books for Local Government; a series of books on eight (8)

service delivery areas, which include Shelter, Water and Sanitation, Health, Agriculture, Local Economic Development, Solid Waste Management, Watershed and Coastal Resource Management.

One of the biggest challenges in promoting responsive and efficient local governance is to be able to meaningfully deliver quality public services to communities as mandated in the Local Government Code. Faced with continued high incidence of poverty, it is imperative to strengthen the role of LGUs in service delivery as they explore new approaches for improving their performance.

Strategies and mechanisms for effective service delivery must take into consideration issues of poverty reduction, people’s participation, the promotion of gender equality, environmental sustainability and economic and social equity for more long- term results. There is also a need to acquire knowledge, create new structures, and undertake innovative programs that are more responsive to the needs of the communities and develop linkages and partnerships within and between communities as part of an integrated approach to providing relevant and sustainable services to their constituencies.

Service Delivery with Impact: Resource Books for Local Government offer local government units and their partners easy-to-use, comprehensive resource material with which to take up this challenge. By providing LGUs with practical technologies, tested models and replicable exemplary practices, Service Delivery with Impact encourages LGUs to be innovative, proactive and creative in addressing the real problems and issues in providing and enhancing services, taking into account increased community participation and strategic private sector/civil society organizational partnerships. We hope that in using

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FOREWORD

FOREWORD these resource books, LGUs will be better equipped with new ideas, tools and inspiration to
FOREWORD these resource books, LGUs will be better equipped with new ideas, tools and inspiration to

these resource books, LGUs will be better equipped with new ideas, tools and inspiration to make a difference by expanding their knowledge and selection of replicable choices in delivering basic services with increased impact.

The DILG, therefore, congratulates the Philippines-Canada Local Government Support Program (LGSP) for this milestone in its continuing efforts to promote efficient, responsive, transparent and accountable governance.

responsive, transparent and accountable governance. HON. JOSE D. LINA, JR. Secretary Department of the

HON. JOSE D. LINA, JR. Secretary Department of the Interior and Local Government

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ACKNOWLEDGEMENTS

ACKNOWLEDGEMENTS T his publication is the result of the collaboration of the following individuals and institutions

T his publication is the result of the collaboration of the following individuals and institutions that support the improvement of the delivery of watershed management by local governments to their

constituents

The Local Government Support Program led by Alix Yule, Marion Maceda Villanueva and Rene “Bong” Garrucho for providing the necessary direction and support

The Orient Integrated Development Consultants Inc. (OIDCI), particularly Becky Paz, Remy Esteban, Joy Cabo, Cherry Al-ag and Dr. Nick Uriarte for undertaking the research and roundtable discussion and preparing the technical report which was the main reference for this resource book; and for assisting in the review of the manuscript

Participants to the Roundtable Discussion on Watershed Management held last August 8, 2002 in Davao City. Their expertise and the animated exchange of opinions helped shape the technical report on which this publication is based:

Ma. Bella Guinto of Carmona; Ver Tiongson of Nueva Vizcaya; Edna Tongson of Agusan Sur; Egnar of Bukidnon; Mario Villanueva and Felipe Allaga of Bagumbayan; Nestor Obrero, Leah Rose Calatrava, and Dulcesima Padilla of Davao del Sur; Ferdinand Bautista of Maragusan; Noel Cuartero and Gegi Irong of Tandag; Ray Roquero of LMP; Cecille Helmi Halim of DA-ARMM; Virginia Rivera and Dr. Efraim Nicolas of DA-ATI SoCSKSarGen; Richard Rubis of DA-ATI Panabo; Priscilla Sonido of NEDA-XI

Boy Balayon and Dodie Gualberto of PCEEM; Wiebe Van Rij and Mimi Arcillas of UDP; Jessica Salas of PWMC; Rory Villaluna, Lyn Capistrano and Ratan Budhatoki of PCWS; Ricky Nuñez of Balik-Kalikasan EWF; Ago Tomas of ESSC-Agusan del Sur; Ulysses Triambulo of ATRE; Lorena Navallasca of PROCESS Foundation;

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ACKNOWLEDGEMENTS

 
 
 
  Kantong Salipada of MDFI; Delza Fuentes of EcoG ov; Bien Dolom of OIDCI; Marie Nuñez

Kantong Salipada of MDFI; Delza Fuentes of EcoGov; Bien Dolom of OIDCI; Marie Nuñez and Gemma Iturralde

LGSP Manager Abe de la Calzada; Advisor Jing Lopez; Program Officers Rizal Barandino,Victor Alfaro, Vicente Iriberri and Cecille Isubal

Tess Gajo for providing feedback that helped ensure that the resource book offers information that is practical and applicable to LGU needs and requirements

Amihan Perez and the Ateneo Center for Social Policy and Public Affairs for their efficient coordination and management of the project

Chay Florentino-Hofilena and Giselle Baretto Lapitan for their excellent editorial work

Aileen de Guzman and Joyce Reyes for effectively rendering the technical report into user-friendly material

Mags Z. Maglana for providing overall content supervision and coordination with the technical writers

Myn Garcia for providing technical and creative direction and overall supervision of the design, layout and production

Sef Carandang, Russell Fariñas, Gigi Barazon and the rest of the LGSP administrative staff for providing support.

Sef Carandang, Russell Fariñas, Gigi Barazon and the rest of the LGSP administrative staff for providing

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PREFACE

PREFACE S ervice Delivery with Impact: Resource Books for Local Government are the product of a

S ervice Delivery with Impact: Resource Books for Local Government are the product of a series

of roundtable discussions, critical review of tested models and technologies, and case analyses

the Philippines conducted by the Philippines-Canada

Local Government Support Program (LGSP) in eight (8) service sectors that local government units (LGUs) are mandated to deliver. These include Shelter, Water and Sanitation, Health, Agriculture, Local Economic Development, Solid Waste Management, Watershed and Coastal Resource Management.

of replicable exemplary practices in

The devolution of powers as mandated in the Local Government Code has been a core pillar of decentralization in the Philippines. Yet despite opportunities for LGUs to make a meaningful difference in the lives of the people by maximizing these devolved powers, issues related to poverty persist and improvements in effective and efficient service delivery remain a challenge.

With LGSP’s work in support of over 200 LGUs for the past several years came the recognition of the need to enhance capacities in service delivery, specifically to clarify the understanding and optimize the role of local government units in providing improved services. This gap presented the motivation for LGSP to develop these resource books for LGUs.

Not a “how to manual,” Service Delivery with Impact features strategies and a myriad of proven approaches designed to offer innovative ways for local governments to increase their capacities to better deliver quality services to their constituencies.

Each resource book focuses on highlighting the important areas of skills and knowledge that contribute to improved services. Service Delivery with Impact provides practical insights on how LGUs can apply guiding principles, tested and appropriate technology, and lessons learned from exemplary cases to their organization and in partnership with their communities.

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PREFACE

 
 
 
  This series of resource books hopes to serve as a helpful and comprehensive reference to

This series of resource books hopes to serve as a helpful and comprehensive reference to inspire and enable LGUs to significantly contribute to improving the quality of life of their constituency through responsive and efficient governance.

Philippines-Canada Local Government Support Program (LGSP)

Philippines-Canada Local Government Support Program (LGSP)

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ACRONYMS

ACRONYMS A & D ASEAN AusAID AWP BFD CADC CADT CALC CARP CBFM CBFMA CBFMO CBFMP

A & D ASEAN AusAID AWP BFD CADC CADT CALC CARP CBFM CBFMA CBFMO CBFMP CDAs CENR CENROs CFP CFPC CIDA CLUP CRM CSC CSOs DAO DAR DECS

SERVICE

Alienable and Disposable Association of South East Asian Nation Australian Agency for International Development Annual Work Plan Bureau of Forest Development Certified Ancestral Domain Claims Certificate of Ancestral Domain Title Certificate of Ancestral Land Claim Comprehensive Agrarian Reform Program Community-Based Forest Management CBFM Agreement CBFM Office Community-Based Forest Management Program Community Development Assistants Community Environment and Natural Resources Community Environment and Natural Resource Offices/Officers Community Forestry Program CARAGA Forest Plantation Corridor Canadian International Development Agency Comprehensive Land Use Planning Community Resource Management Certificate of Stewardship Contract Civil Society Organizations DENR Administrative Order Department of Agrarian Reform Department of Education, Culture & Sports

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ACRONYMS

 
 
 
  DENR Department of Environment and Natural Resources Department of the Interior and Local Government

DENR

Department of Environment and Natural Resources Department of the Interior and Local Government Department of Energy Department of Finance Environmental Compliance Certificate Philippine Environmental Governance Project Environmental Impact Assessment Environmental Impact Study Environmental Management Bureau Environment and Natural Resources Environment and Natural Resources Council Environment and Natural Resources Office Executive Order Environmental Performance Monitoring Environmental Science for Social Change Forest Land Use Planning Forest Management Bureau Foundation for the Philippine Environment Foundation for a Sustainable Society, Inc. Financial or Technical Assistance Agreements Housing and Land Use Regulatory Board Institute of Agroforestry Indigenous Cultural Community International Center for Research in Agroforestry Information Education Communication

Indigenous Cultural Community International Center for Research in Agroforestry Information Education Communication

DILG

DOE

DOF

ECC

EcoGov

EIA

EIS

EMB

ENR

ENRC

ENRO

EO

EPM

ESSC

FLUP

FMB

FPE

FSSI

FTAA

HLURB

IAF

ICC

ICRAFT

IEC

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ACRONYMS IEE Initial Environmental Examination IFMA Industrial Forest Management Agreement IFMP

IEE

Initial Environmental Examination

IFMA

Industrial Forest Management Agreement

IFMP

Industrial Forest Management Program

IP

Integrated Peoples

IPR

Individual Property Rights

IPRA

Indigenous People’s Rights Act

IRA

Internal Revenue Allotment

ISF

Integrated Social Forestry

ISWM

Integrated Solid Waste Management

JBIC

Japan Bank for International Cooperation

KAPAWA

Kahublagan Sang Pumuluyo Sa Watershed

KSPFI

Kahublagan Sang Panimalay Foundation, Inc.

LBP

Land Bank of the Philippines

LGA

Local Government Academy

LGSP II

Philippines-Canada Local Government Support Program II

LGU

Local Government Units

LGUSCP

Local Government Units Support Credit Program

LMP

League of Municipalities of the Philippines

LOGOFIND

Local Government Finance and Development Project

LRPs

Local Resource Partners

MA

Mineral Agreement

MAGAGDA

Mati Green AgroForestry Development Association

MGB

Mines and GeoSciences Bureau

MIWD

Metro Iloilo Water District

MOA

Memorandum of Agreement

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    MPDCs Municipal Planning and Development Coordinators Master Plan for Forest Development Mineral

MPDCs

Municipal Planning and Development Coordinators Master Plan for Forest Development Mineral Production Sharing Agreement National Mapping and Resource Information Administration National Irrigation Administration National Commission on ICCs/IPs National Government Agencies Non-Government Organizations National Integrated Protected Area System National Power Corporation Natural Resources Management Program Orient Integrated Development Consultants, Inc. Protected Area Management Board Provincial Agriculturist’s Office Provincial Assessor’s Office Philippines Australia Governance Facility Protected Area Superintendent Protected Areas and Wildlife Bureau Philippines Council for Agriculture, Forestry and Natural Resources Research Development Philippines-Canada Environmental and Economic Management Project Provincial Environment and Natural Resources Provincial Environment and Natural Resource Offices/Officers Philippine Watershed Management Coalition People’s Organization People Oriented Forestry Provincial Planning and Development Office

MPFD

MPSA

NAMRIA

NIA

NCIP

NGAs

NGOs

NIPAS

NPC

NRMP

OIDCI

PAMB

PAO

PASSO

PASST

PASu

PAWB

PCARRD

PCEEM

PENR

PENROs

PMWC

PO

POF

PPDO

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PENR PENROs PMWC PO POF PPDO x SERVICE DELIVERY WITH IMPACT: RESOURCE BOOKS FOR LOCAL GOVERNMENT
ACRONYMS       RA Republic Act Regional Development Council Regional Executive Director Roundtable

ACRONYMS

   
   
 
 

RA

Republic Act Regional Development Council Regional Executive Director Roundtable Discussion Resource Use Permit Sloping Agricultural Land Technology Sustainable Agriculture and Natural Resources Management Collaboration, Research Support Program Securities and Exchange Commission Sustainable Forest Management Socialized Industrial Forest Management Agreement Socialized Industrial Forest Management Program Special Mines Permit Sangguniang Panlalawigan Solid Waste Management Timber License Agreements Tropical Resources and Ecosystem Sustainability United States Agency for International Development Valderama Lumber Manufacturers, Inc. VIBANARA MultiPurpose Cooperative, Inc. Wood Industry Development Authority Watershed Management Improvement Component Water Resources Development Project

RDC

RED

RTD

RUP

SALT

SANREMCRSP

SEC

SFM

SIFMA

SIFMP

SMP

SP

SWM

TLAs

TREES

USAID

VALMA

VMPCI

WIDA

WMIC

WRDP

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EXECUTIVE SUMMARY

EXECUTIVE SUMMARY RATIONALE FOR WATERSHED MANAGEMENT I n the Philippines, watersheds are tapped as vital sources

RATIONALE FOR WATERSHED MANAGEMENT

I n the Philippines, watersheds are tapped as vital sources of water supply for domestic, irrigation, and industrial purposes. They also provide the socio-economic base to a growing population and help maintain ecological balance, minimize the occurrence of floods and droughts, and

mitigate the effects of adverse climatic changes. However, forest cover in many watersheds are now dwindling and are considered in critical state due to overexploitation and mismanagement (PCARRD,

1991).

Deforestation and the large-scale transformation of the original vegetation of the country's forests to non-forestry purposes, coupled with inappropriate land-use practices, have disrupted the hydrological condition of watersheds. Likewise, population growth, pollution and indiscriminate development are depleting the nation’s water sources. These have brought about flash floods and prolonged drought. Other adverse consequences are accelerated soil erosion, siltation of water bodies and reservoirs, and poor water quality.

In the past, public awareness on watershed management opportunities for economic and water resource development projects rarely existed. The public failed to appreciate the inherent and vital role of watersheds in supplying water as well as providing other economic benefits.

LEGAL FRAMEWORK

The Philippine Constitution mandates the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Through the Local Government Code of 1991, the task of protecting and advancing the right of the people to a balanced

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EXECUTIVE SUMMARY

 
 
 
  and healthful ecology was devolved from the Department of Environment and Natural Resources (DENR) to

and healthful ecology was devolved from the Department of Environment and Natural Resources (DENR) to Local Government Units (LGUs). This task includes the management of watersheds and forested lands as well as delivering basic services and facilities to their constituents.

LGUs play a critical role in controlling the continuing degradation of forests and uplands, and other related problems of flooding and soil erosion—all of which are adversely affecting downstream areas. As a matter of fact, a number of circulars, administrative orders, and memoranda have been issued by both DENR and the Department of the Interior and Local Government (DILG) to help guide LGUs address these issues.

WHAT LGUS CAN DO

There have been limited LGU initiatives in watershed management. In many cases, these initiatives are not sustained. This situation indicates a continuing need for LGUs to know and understand the importance of the watershed ecosystem, along with the scope of their mandate, the range of watershed management activities they can pursue at their level and the external resources that they can tap and mobilize. LGUs will need relevant information, skills upgrading and technical assistance to develop projects that respond to their conditions and needs.

WHAT SOME LGUS HAVE DONE

 

One initiative LGUs have done is to formulate forest land use plans (FLUPs) to rationalize the uses of forestlands and determine the appropriate tenure arrangements for their management. Available FLUP guidelines allow the integration of forest land use plans into LGUs’ comprehensive land use plans (CLUPs). The province of Agusan del Sur and the municipality of Baggao in Cagayan Valley are among those that have pioneered forest land use planning and implementation.

municipality of Baggao in Cagayan Valley are among those that have pioneered forest land use planning

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EXECUTIVE SUMMARY

EXECUTIVE SUMMARY Other LGUs have implemented an aggressive information, education, and communication (IEC) campaign to

Other LGUs have implemented an aggressive information, education, and communication (IEC) campaign to heighten the awareness of citizens on watershed management issues. The City of Baguio and the province of Iloilo are among those with an innovative IEC campaign. And there are LGUs who have been successful in actual site development activities. The province of Nueva Vizcaya developed some novel approaches to forest management that are not only pro-environment but also pro-people. The Claveria case highlights the LGU’s support for the Community-Based Forest Management Program that has protected the area’s water supply.

This resource book focuses on doable measures for watershed management at the LGU level, rather than the very technical aspects of watershed management. This book is designed to provide information and insights that will enable LGUs to expand their current knowledge of watershed management practices and experiences in various parts of the country.

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INTRODUCTION

INTRODUCTION J ohn Wesley Powell, a scientist and a geographer defines a watershed as “that area

J ohn Wesley Powell, a scientist and a geographer defines a watershed as “that area of land, a bounded hydrologic system, within which all living things are inextricably linked by their common water course and where, as humans settled, simple logic demanded that they become part of a community.” A watershed is a complex ecosystem with interacting natural components. It is a vital

source of water supply, provides socio-economic base to a population, and helps maintain ecological balance. However, human activities have a direct impact on the quality and quantity of surface water, groundwater, and other natural resources present in the watershed.

By its very nature, watershed management must be integrated. It should address both water and the related land resources that affect or are affected by water. Water resources include surface water (rivers, streams and lakes) and groundwater. Land resources include wetlands, forests, flora and fauna. Issues related to water and land resources pertain to flooding, water quality, and soil erosion. The premise that everything is connected to everything else lies at the very heart of watershed management.

The presence of various complex interacting natural components in a watershed is also the cause of conflicts. This is also the reason why it has been difficult to address the various issues related to watershed management. These issues include: (a) how can a watershed accommodate a growing population; (b) how can it sustain its support to an expanding urban area; and (c) how does one properly allocate land and water for various uses while ensuring that the water’s quality and quantity suit the needs of the stakeholders. These are a few of the various problems local watershed managers must face.

In the Philippines, local governments are tasked to help resolve the conflicts arising from this complex ecosystem. To help LGUs face this challenge, this resource book on Watershed Management was developed. The materials collated here aim to: (1) provide LGUs information on the development of

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INTRODUCTION

 
 
 
  solutions to challenges, working models and specific watershed management activities that can be studied and

solutions to challenges, working models and specific watershed management activities that can be studied and replicated when appropriate; (2) enhance LGUs understanding of their mandates with respect to watershed management and help them identify opportunities for their involvement; and (3) guide LGUs in identifying sources of assistance that would help them formulate and improve their watershed management efforts.

This book attempts to show examples on watershed management efforts, with the involvement of different sectors: upland communities, municipalities, national government agencies, water supply managers ,civil society groups and the private sector. This book takes a holistic view, exploring the cause- effect relationships of human activities on natural functions and processes that extend across jurisdictional boundaries, and considering actions that go beyond the usual tree planting activities.

LGUs can use this resource book to help them prepare watershed management projects. Users of this book are presented with innovative ways of providing the needed services to their communities in order to address the various issues related to watersheds. This book also encourages LGUs to start small, think big, and scale up fast in implementing service delivery projects. Watershed management is something that LGUs cannot do alone. The book relates information that is clear, interesting, and relevant to real life situations. The concepts presented here are expressively direct and clear. The following chapters comprise this resource book:

Chapter 1. Overview of the Watershed Management Sector. This serves to introduce the reader to important concepts and principles that are used in watershed management.

Chapter 2. LGU Mandates on Watershed Management. This provides a list of policies that relate to watershed management with a brief description of each. The policies are classified into sectors: general policies, watershed/forest management planning, CBFM, industrial forest management, protected

into sectors: general policies, watershed/forest management planning, CBFM, industrial forest management, protected

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INTRODUCTION

INTRODUCTION areas, ancestral domain, mining and others. Also provided is a list of relevant international covenants

areas, ancestral domain, mining and others. Also provided is a list of relevant international covenants of which the Philippines is a signatory.

Chapter 3. Implementation & Policy Issues and Recommendations. This contains the issues and concerns as well as recommendations that have been identified. The section covers issues on policy gaps, technical and funding capabilities of LGUs, socio-economic conditions of LGUs, and coordination of sectoral plans and activities.

Chapter 4. Good Practices in Watershed Management. This puts together and describes actual experiences of LGUs, communities and DENR on what practitioners and experts consider as good practices in watershed management. In view of the complexity of “watershed management,” good practices that relate to it cover a broad range of activities and do not only focus on actual rehabilitation (e.g., reforestation) and protection works.

Chapter 5. References and Tools. This contains a list of materials that could serve as good reference for LGUs. These materials cover a broad range of topics, from general concepts and programs to very specific projects and approaches. This section also contains study tour sites that LGUs could visit should they want to observe good practices in watershed management.

The Annex features articles that could help deepen LGU appreciation of the challenges and doables in watershed management. The Philippines Strategy for Improved Watershed Resources Management outlines the philosophy, guiding principles, and key elements of the country’s strategy, and the actors that will be involved in its implementation. Another article elaborates on community-based forest management as a national strategy for watershed improvement. Finally, two documents examine the need for management of forestlands and the roles of municipalities particularly with respect to allocation and management of timberlands.

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INTRODUCTION

 
 
 
  Much of the content of this resource book was developed with the assistance of the

Much of the content of this resource book was developed with the assistance of the Orient Integrated Development Consultants, Inc., which is also involved in the implementation of the Philippine Environmental Governance Project (EcoGov).

A companion book published by the Local Governance Support Program (LGSP), titled “Resource Finder: Financial and Technical Assistance for LGUs,” provides additional information on the different types of assistance that LGUs can access from government agencies, government financing institutions, ODA, and civil society organizations. Watershed management is among the service areas covered by the Resource Finder.

ODA, and civil society organizations. Watershed management is among the service areas covered by the Resource

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CHAPTER ONE 1 OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR

CHAPTERONE1

OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR

1

CHAPTER

Overview Of The Watershed Management Sector

1 CHAPTER Overview Of The Watershed Management Sector ❙ WATER AS THE MAJOR CONCERN OF WATERSHED
1 CHAPTER Overview Of The Watershed Management Sector ❙ WATER AS THE MAJOR CONCERN OF WATERSHED

WATER AS THE MAJOR CONCERN OF WATERSHED MANAGEMENT

Time magazine predicted that a Third World War would be triggered by competition for water. The world has begun to experience abnormalities in the supply of water in recent years. As demand increases and the supply of good quality water diminishes, more and more communities will experience water shortages. At the same time, flooding has become more frequent in some areas, supplying excessive amounts of water that these communities do not need. Thus, the sayings: “thirst in the midst of plenty” and “scarcity in times of need.”

Like other tropical countries, the Philippines is experiencing this extreme imbalance between the demand for and supply of water. This disparity can be largely attributed to human actions that adversely affect the water cycle. Over the last few years, a lot of effort and resources have been poured by the government to watershed management in order to overcome this problem and to ensure the steady supply of water to meet the ever-increasing resource demand from competing users. Little has been achieved, thus far. This only means that this effort entails more action and involvement from all sectors that are to benefit from this endeavor.

from all sectors that are to benefit from this endeavor. Watershed n . A watershed is

Watershed n. A watershed is the total land area that contributes to the flow of a particular water body (e.g., river, creek, or stream), including the area where the water drains out.

Watershed management is primarily concerned with the quantity and quality of water. Yet the

“regimen” or schedule critical. 1

(i.e., availability of water when needed) of this prized resource is also

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1 Watershed MANAGEMENT ❙ WATERSHED DEFINED A watershed is the total land area that contributes to

WATERSHED DEFINED

1 Watershed MANAGEMENT ❙ WATERSHED DEFINED A watershed is the total land area that contributes to
1 Watershed MANAGEMENT ❙ WATERSHED DEFINED A watershed is the total land area that contributes to

A watershed is the total land area that contributes to the flow of a particular water body (e.g., river,

creek, or stream), including the area where the water drains out. The outlet can be a dam, irrigation system, or water supply take-off point. It can be a place where the stream or river discharges into

a larger water body such as a bigger river, a lake, or the sea. 2

A watershed is a natural system whose boundary is determined on the ground by the highest points

or ridgeline near or around a water body. Ridgelines, also referred to as a topographic divide, separate one watershed from another. 3

In other regions, the term “watershed” is also known as a catchment area or drainage basin. Several related watersheds are sometimes referred to as a river basin. In general, the term “watershed”can be used to refer to a small catchment area or to several sub-watersheds that make up a river basin.

Main River Tributary
Main River
Tributary

A watershed does not refer only to forests or the upper reaches of

mountains or uplands. The complete watershed continuum (e.g., of

a large river basin) includes the uplands (which include the headwaters

or the origin of the water system), the lowlands, and the coastal zone

where the outlet of the river system is located. 4

There is a strong interdependence among the uplands, lowlands, and coastal areas within a watershed. Activities in the uplands affect

the lowlands and coastal area (e.g., deforestation brings about siltation

in rivers and coastal areas), while some developments in the lowlands

have implications on the resources in the uplands (e.g., population

growth and lack of employment opportunities in lowland areas encourage migration to the uplands).

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lowland areas encourage migration to the uplands). 8 SERVICE DELIVERY WITH IMPACT: RESOURCE BOOKS FOR LOCAL

OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR 1

OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR 1 Watershed Continuum Headwaters Hills P l a i n
Watershed Continuum Headwaters
Watershed Continuum
Headwaters
Watershed Continuum Headwaters Hills P l a i n s Coastal Areas

Hills

Watershed Continuum Headwaters Hills P l a i n s Coastal Areas

Plains

Watershed Continuum Headwaters Hills P l a i n s Coastal Areas

Coastal Areas

Since it is a natural system, watersheds transcend political boundaries. Rarely do political boundaries follow the ridgeline. A watershed can encompass one or more barangays, municipalities, or even regions (e.g., the headwaters of the Agusan River Basin are located in Compostela Valley in Region 11 and the river discharges into Butuan Bay). Therefore, the management of a watershed that covers two or more political units requires the concerted efforts of the concerned local government units (LGUs).

WATERSHED AS A PLANNING AND MANAGEMENT UNIT

(LGUs). ❙ WATERSHED AS A PLANNING AND MANAGEMENT UNIT The reasons for the use of “watershed”
(LGUs). ❙ WATERSHED AS A PLANNING AND MANAGEMENT UNIT The reasons for the use of “watershed”

The reasons for the use of “watershed” as a planning and management unit can be viewed from both technical and social standpoints.

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TECHNICAL STANDPOINT

SOCIAL STANDPOINT

A

watershed is a holistic frame of reference. It

The activities of people upstream have an impact on the lives of people downstream. In the watershed approach, upstream- downstream relations and interdependencies are dealt with. It is easier to identify the stakeholders and the interests they represent (e.g., loggers and miners in the headwaters, farmers in lowlands, business groups and water users in urban centers). It encourages multisectoral and participatory planning and management processes.

is

the most practical unit for an ecosystem

approach in resolving environmental issues. The diagnosis of such issues must be thorough—from the headwaters down to the coastal zone.

The river system links the headwaters and the estuary, and the land, water, forest, farmland, urban and rural settlements.

It

uses a fixed natural boundary, rather than

Everyone in a given watershed depends on the health and quality of the watershed for drinking water, flood protection, food, raw materials, and other life-sustaining elements.

an arbitrary one such as political boundaries. This minimizes confusion as to the actual size

of the area it covers. With a well-defined area,

it

also becomes easier to monitor the impact

of watershed management on soil, vegetation, animal life, microclimate, and other factors.

The quantity and quality of drinking water is unrivaled as an environmental concern.

Water is the critical factor—the medium through which energy, elements, soil, and pollutants circulate in the biosphere. The quantity and quality of water is the main indicator in monitoring the impact of watershed management interventions.

Many environmental issues cannot be resolved within the limits of LGU boundaries. The watershed framework identifies the LGUs that will need to collaborate with each other.

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OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR 1

OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR 1 The watershed approach simply means taking the whole watershed

The watershed approach simply means taking the whole watershed as a planning and management unit and employing an integrated, comprehensive, and ecosystem-based approach to problem analysis, planning, and implementation. A shift to the watershed approach by LGUs would mean the following:

Encouraging LGU planners, who may be focused on concerns that are within the limits of the LGU's political boundaries, to think beyond their political boundaries A better understanding by LGU planners of the ecological processes occurring within the

watershed that govern upland-lowland relationships Understanding of a broad range of issues, which may cover different ecosystems, and which may

be occurring beyond the political boundaries of an LGU Putting more emphasis on planning skills and providing basic training on proper mapping and spatial analysis in planning Involving more leaders in planning and implementation; encouraging multi-sectoral and inter- LGU collaboration Educating decision-makers on the rationale and merits of the watershed management approach

NATURE OF WATERSHED DEGRADATION AND ITS CONSEQUENCES

❙ NATURE OF WATERSHED DEGRADATION AND ITS CONSEQUENCES The country has a land area of 30
❙ NATURE OF WATERSHED DEGRADATION AND ITS CONSEQUENCES The country has a land area of 30

The country has a land area of 30 million hectares. In 1934, 57 percent or 17 million hectares of these were still covered with forests. In 1980, this was reduced to 7.4 million hectares. Recent estimates indicate that there are only about 5.33 million hectares, roughly 18 percent of the total land area, still covered with forests.

These figures show the gravity of watershed degradation. If allowed to continue, this situation will have great repercussions on economic activities, and the health and social well being of communities within and beyond the watershed.

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1 Watershed MANAGEMENT Watershed degradation takes on several forms, or a combination of the following: Soil

Watershed degradation takes on several forms, or a combination of the following:

Soil degradation - decline in soil productivity as the topsoil erodes and the hydrological, biological, chemical, and physical properties of the soil are changed. As soil productivity falls, yields from croplands, pastures and forests also decline. This could mean lesser vegetative cover, thus further increasing the rate of soil degradation. Vegetation degradation - decrease in vegetative ground cover and the decline in the quality and quantity of natural biomass. The reduction of vegetative ground cover results in sedimentation and siltation in rivers, water supply reservoirs, irrigation systems, and hydropower plants. The downstream siltation of lakes, coral reefs, and mangroves adversely affects coastal and marine resources. Biodiversity degradation - reduction in the diversity of species. The most extreme form of degradation is the extinction of some species of fauna and flora. This decreases the gene pool and the global biological heritage. Water degradation - decrease in the quantity and quality of both surface and ground water and increased risk of downstream flood damage. This results primarily from the loss of vegetative cover. Manifestations of water degradation include decreasing groundwater discharge, drying up of springs and streams, and extreme fluctuations in stream flows and fishkills due to the decrease of the water's quality. Climate degradation - changes in the micro-climatic conditions that increase the risk of crop failure due to a decrease of available water. This could have severe consequences on food supply. Land conversion - dwindling arable and forestlands due to land use change such as urban settlements, industrial parks, roads, and golf courses. This will seriously affect food security.

Landscape degradation - diminished scenic value of natural landscapes since these are destroyed by visual and physical intrusion of urban and industrial development, mining and quarrying.

It takes some time before the consequences of watershed degradation become apparent; hence they are often not immediately recognized. Unfortunately, it sometimes takes a disaster for LGUs and communities to realize the value and urgency of taking care of their watersheds. 5

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OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR 1

CAUSES OF WATERSHED DEGRADATION 6

MANAGEMENT SECTOR 1 ❙ CAUSES OF WATERSHED DEGRADATION 6 Direct Causes Underlying Causes Deforestation and removal
MANAGEMENT SECTOR 1 ❙ CAUSES OF WATERSHED DEGRADATION 6 Direct Causes Underlying Causes Deforestation and removal

Direct Causes

Underlying Causes

Deforestation and removal of natural vegetation Over extraction of surface and groundwater Improper management of cultivated arable land (e.g., no soil erosion control measures) Improper management of natural forests and tree plantations (e.g., use of destructive harvesting technologies) Overgrazing Industrial activities (e.g., road cuttings, chemical pollution) Unregulated land conversion

Population growth and migration to the uplands Increased urbanization and development in the lowlands (increased demand for water, raw materials) Insecure land tenure (in forestlands) Poverty and economic disadvantage Lack of markets for upland products Inappropriate conservation technologies Lack of access to financing Limited institutional support services Conflicting mandates of different institutions Conflicting policies Exploration of natural resources (the true value of natural resources is not recognized so that users are not encouraged to use them efficiently)

GUIDING PRINCIPLES FOR IMPROVED WATERSHED MANAGEMENT

❙ GUIDING PRINCIPLES FOR IMPROVED WATERSHED MANAGEMENT To ensure the sustainability of the natural resources of
❙ GUIDING PRINCIPLES FOR IMPROVED WATERSHED MANAGEMENT To ensure the sustainability of the natural resources of

To ensure the sustainability of the natural resources of watersheds, the following guiding principles need to be followed: 7

Ecological Sustainability – The technologies and production processes involved in using and developing a watershed’s natural resources should not have adverse environmental effects. Social and Cultural Sustainability – The use and development of the watershed’s resources

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should be compatible with the culture and values of the people affected by it and

should be compatible with the culture and values of the people affected by it and should strengthen community identity. Moreover, there must be equitable sharing of costs and benefits between, and within, communities and households. Economic Sustainability – Resources must be used and managed in an economically efficient manner and must benefit the greatest number of people. The potential of the resources to support future generations must also be ensured. Institutional Sustainability – Community-based organizations, NGOs, LGUs, and national agencies involved in watershed management planning, implementation, and monitoring should have the financial and human resources to sustain the delivery of services.

WATERSHED MANAGEMENT INTERVENTIONS

❙ WATERSHED MANAGEMENT INTERVENTIONS
❙ WATERSHED MANAGEMENT INTERVENTIONS

Watershed degradation has numerous causes. Degradation occurs in different forms and the consequences can be long-term and far-reaching. Watershed management is thus a complex process that requires an integrated set of interventions at different levels—national, provincial, municipal, community, and farm. These interventions can be classified into three:

Policy and Legislation Institutional Support Services Technology

WHAT ARE DOABLE AT THE LGU LEVEL? 8

Policy and Legislation

Integrate watershed management planning concepts and principles into provincial and municipal level comprehensive land use planning procedures. Integrate a forestland use plan into the LGU’s comprehensive land use plan.

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OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR 1

OVERVIEW OF THE WATERSHED MANAGEMENT SECTOR 1 Identify and focus attention on watersheds that require priority

Identify and focus attention on watersheds that require priority based on locally developed, rather than nationally determined criteria. These may include watersheds that are supporting local water supply and irrigation systems, biodiversity areas, important socio-cultural areas, eco-tourism areas, and even hazard areas.

Enter into joint management agreement with DENR for specific watersheds. Define specific areas within watersheds that require total protection (e.g., habitats of rare and endangered species, critical water sources). Collaborate with DENR in defining the permanent forest lines. In consultation with DENR, establish local laws for regulating land use within watersheds. Enforce national forestry laws consistently and in a transparent manner. Establish or strengthen multisectoral forest protection groups to help enforce forestry laws and ordinances. Encourage local investments for improved watershed management.

Institutional Support Services

Adopt a multisectoral, inter-LGU and inter-agency approach to watershed management; collaborate and plan together with LGUs that share a watershed; create a multisectoral Watershed Resource Management Committee/Council. Stimulate support and demand for improved watershed management at the community level. Identify and get the views of key stakeholders or groups of people who depend on the

watershed, such as upland farmers, water districts, and irrigators’ associations. Establish a system for the collection, review, and dissemination of critical watershed information.

This program considers the upland communities as de facto “forest resource managers.” LGUs may support CBFM by helping upland communities organize themselves, apply for tenure, prepare management plans, and adopt more sustainable forest management and farming practices. LGUs can also provide them with the necessary support services. Develop an integrated upland agriculture/forestry extension support service that makes use of people-centered learning processes.

Support the community-based forest management (CBFM) program of the national government.

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1 Watershed MANAGEMENT Implement an Information, Education and Communications (IEC) program that would enhance

Implement an Information, Education and Communications (IEC) program that would enhance

environmental awareness in communities. Build partnerships and tap external organizations providing both technical and funding support to sustain LGU activities in watershed management.

Technology

Conduct research and/or observe upland technologies that have been successfully used elsewhere. Organize study tours for upland farmers and LGU officials to these areas. Initiate community-based watershed management projects such as agro-forestry, soil and water conservation projects, communal forests, and reforestation using technologies that are simple, low-cost, low-risk, flexible, and conservation-effective; and which build on indigenous practices. Develop and utilize simple, primarily qualitative, biophysical indicators and tools for detecting degradation trends and monitoring effects of interventions. Help DENR monitor management practices of those given tenure over forestlands within the LGU territory to make sure these forestlands are being used as planned. Support the establishment of small- to medium-scale forest-based industries. Allocate resources to market-based mechanisms (e.g., improve market access of upland communities, identify market opportunities for upland commodities, develop local processing capabilities).

The success of watershed management projects in the Philippines relies not only on the support of the local governments and communities but also on the legal mandates on which these projects can be anchored. The next chapter presents various laws (both national and local), mandates, directives, and administrative orders that provide the backbone necessary to implement watershed management activities in the country.

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CHAPTERTWO2

CHAPTER TWO 2 LGU MANDATES ON WATERSHED MANAGEMENT

LGU MANDATES ON WATERSHED MANAGEMENT

2

CHAPTER

LGU MANDATES ON WATERSHED MANAGEMENT

2 CHAPTER LGU MANDATES ON WATERSHED MANAGEMENT ❙ GENERAL THE CONSTITUTION OF THE REPUBLIC OF THE
2 CHAPTER LGU MANDATES ON WATERSHED MANAGEMENT ❙ GENERAL THE CONSTITUTION OF THE REPUBLIC OF THE

GENERAL

2 CHAPTER LGU MANDATES ON WATERSHED MANAGEMENT ❙ GENERAL THE CONSTITUTION OF THE REPUBLIC OF THE

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Article 11 of the Constitution maintains that the State shall protect and advance the right of the people to a balanced and healthful ecology in accordance with the rhythm and harmony of nature.

REPUBLIC ACT NO. 7160: THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES

(1991)

This devolves from the DENR to the LGUs certain forest management functions, specifically the following:

Implementation of Integrated Social Forestry (ISF) Management of and control over communal forests with an area of 50 square kilometers or less Establishment of tree parks and greenbelts Enforcement of laws related to mangrove resources conservation within municipal waters

The Local Government Code (LGC) requires conducting consultations with the concerned LGUs, NGOs, and other concerned sectors for any proposed project or program. It also defines the shares of the LGU in the proceeds from the development and use of the national wealth.

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2 WATERSHED MANAGEMENT The pertinent provisions with respect to watershed/forest management are cited below. “SECTION

The pertinent provisions with respect to watershed/forest management are cited below. “SECTION 17. Basic Services and Facilities. (a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated therein.”

“(b) Such basic services and facilities include, but are not limited to, the following:”

Province “Pursuant to national policies and subject to supervision, control and review of the DENR, enforcement of forestry laws limited to community-based forestry projects, xxx.”Sec. 17, (b) (3) (iii)

Municipality “Extension and on-site research services and facilities related to… and enforcement of fishery laws in municipal waters including the conservation of mangroves.” Sec. 17 (b) (2) (i)

“Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of community-based forestry projects, which include integrated social forestry programs and similar projects; management and control of communal forest with an area not exceeding fifty (50) square kilometers, establishment of tree parks, greenbelts, and similar forest development projects.” Sec. 17 (b) (2) (ii)

City “All the services and facilities of the municipality and provinces….” Sec.17 (b) (4)

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LGU MANDATES ON WATERSHED MANAGEMENT 2

LGU MANDATES ON WATERSHED MANAGEMENT 2 The other provisions of the Code that pertain to forest

The other provisions of the Code that pertain to forest management functions to be performed by the local government units are:

Municipal Mayor “For efficient, effective and economical governance the purpose of which is the general welfare of the municipality government, and in this connection shall: … Adopt adequate measures to safeguard and conserve… forest, and other resources of the municipality;” Sec. 444 (b) (3) (vii)

Sangguniang Bayan “Approve ordinances and pass resolutions necessary for an efficient and effective municipal government, and in this connection shall: …Protect the environment and impose appropriate penalties for acts which endanger the environment, such as … illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming….” Sec. 447 (a) (1) (vi)

“Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: Provide for the establishment, maintenance, protection, and conservation of communal forests and watersheds, tree parks, greenbelts, mangroves, and other similar forest development projects.” Sec.447 (a) (5) (i)

City Mayor “ Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of this Code….” Sec. 455 (b) (4)

Sangguniang Panglungsod “Approve ordinances and pass resolutions necessary for an efficient and effective city government, and in this connection, shall: … Protect the environment and impose appropriate penalties for acts which endanger the environment, such as … illegal logging and smuggling of logs, smuggling of

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2 WATERSHED MANAGEMENT natural resources products and endangered species of flora and fauna, slash and burn

natural resources products and endangered species of flora and fauna, slash and burn farming….” Sec.458 (a) (1) (vi)

“Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: Provide for the establishment, maintenance, protection and conservation of communal forests and watersheds, tree parks, greenbelts, mangroves, and other similar forest development projects.” Sec. 458 (a) (5) (i)

Provincial Governor “For efficient, effective and economical governance the purpose of which is the general welfare of the province and its inhabitants pursuant to Section 16 of this Code, the provincial governor shall:

“Adopt adequate measures to safeguard and conserve…forest and other resources of the province, in coordination with the mayors of component cities and municipalities:” 465 (b) (3) (v) “Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of this Code….” Sec. 456

Sangguniang Panlalawigan Approve ordinances and pass resolution necessary for an efficient and effective provincial government and in this connection, shall: “Protect the environment and impose appropriate penalties for acts which endanger the environment, such as…illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming….” Sec 468 (a) (1) (vi)

Barangay The Local Government Code did not devolve any specific forest management functions to the barangays.

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LGU MANDATES ON WATERSHED MANAGEMENT 2

LGU MANDATES ON WATERSHED MANAGEMENT 2 DENR ADMINISTRATIVE ORDER 92-30 Guidelines for the Transfer and Implementation

DENR ADMINISTRATIVE ORDER 92-30

Guidelines for the Transfer and Implementation of DENR Functions Devolved to Local Government Units

This order identifies specific DENR functions, programs, and projects to be devolved to LGUs for each of the sectors: forest management, protected areas and wildlife management, land management and mines development.

In forest management, the implementation of the following community-based forestry projects was devolved: ISF projects; establishment of new regular reforestation projects (except those areas located in protected areas and critical watersheds); completed family and community- based contract reforestation projects; Forest Land Management Agreements; and Community Forestry Projects.

Also devolved are the management and control of communal forests with an area not exceeding 50 square kilometers or 5,000 hectares; management, protection, rehabilitation and maintenance of small watershed areas that are sources of local water supply; enforcement of forest laws in community-based forestry project areas, small watershed areas and communal forests, including the apprehension of violators of forest laws, and the confiscation of illegally extracted forest products on site.

In addition to their Internal Revenue Allotment (IRA), LGUs are to allot funds for financing local development and livelihood projects, and for protecting and developing the environment and natural resources. These funds will come from LGUs’share of 40 percent of the gross collection derived by the national government from mining taxes, royalties, forestry charges and other taxes, fees, or charges enumerated in the Code.

The DENR shall transfer to the concerned LGUs the personnel and assets including pertinent records and equipment corresponding to the devolved functions. The DENR and the concerned LGUs shall

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2 WATERSHED MANAGEMENT organize, within six months from the approval of this Order, an Environment and

organize, within six months from the approval of this Order, an Environment and Natural Resources Council (ENRC). This council shall consist of appropriate LGU and DENR officials and representatives from the concerned LGU. The ENRC shall review and recommend the implementation of programs and projects, and perform oversight functions on matters pertaining to environment and natural resources.

DENR-DILG JOINT MEMORANDUM CIRCULAR NO. 98-01

Manual of Procedures for DENR-DILG-LGU Partnership on Devolved and Other Forest Management Functions

This document indicates how to build an effective partnership between the LGUs and the DENR in forest management. The partnership is anchored on the Local Government Code and DENR Administrative Order No. 30, Series of 1992. The salient provisions of the Circular are:

“Creation of a National Steering Committee to formulate policies and programs toward strengthening and institutionalizing the DENR-DILG-LGU partnership on devolved and other forest management functions. Regional Steering Committees will likewise be created to oversee and monitor the DENR-DILG-LGU partnership and to prepare a strategic plan which shall include, among others, joint land use planning, resources sharing, and training for LGU capacity building on forest management.” “The appointment or designation of an Environment and Natural Resources Officer and the creation of an ENR Office in the LGUs shall be encouraged.” “Forest management projects (reforestation, communal forests, forest or tree parks, greenbelts) and functions devolved from the DENR (and personnel, equipment and other resources so transferred from the DENR) to the LGUs shall be fully documented and covered with a Memorandum of Agreement.” “The review and assessment of existing CBFM projects and the implementation of new CBFM projects shall be reviewed and assessed jointly. “

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LGU MANDATES ON WATERSHED MANAGEMENT 2

LGU MANDATES ON WATERSHED MANAGEMENT 2 “The DENR and the LGUs shall coordinate closely in forest

“The DENR and the LGUs shall coordinate closely in forest protection and enforcement of forest laws and regulations. Joint DENR-LGU forest protection teams in the regional, provincial, municipal and barangay levels shall be created.” “DENR and LGU will jointly identify potential community watershed areas in the LGUs’jurisdiction through joint forestland use planning. Upon request by the LGUs’ Sanggunian, the DENR will declare the identified area as a Community Watershed.” “The issuance by DENR of tenurial instruments in forestlands and for forest products’utilization shall be in coordination with the LGUs. “

Note that this Memo Circular is currently under review under the Philippine Environmental Governance Project (EcoGov) to enhance the concept of partnership between DENR and LGUs.

EXECUTIVE ORDER NO. 192

Providing for the Reorganization of the Department of Environment, Energy and Natural Resources, Renaming it as the Department of Environment and Natural Resources, and for other Purposes (1987)

This Order mandates the DENR as the primary government agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources, specifically forest and grazing lands of the public domain, as well as the licensing and regulation of all natural resources.

This EO created the Forest Management Bureau (FMB), which would absorb the powers and functions of the Bureau of Forest Development (BFD) and the Wood Industry Development Authority (WIDA). The FMB shall advise the Secretary on matters pertaining to forest development and conservation. The EO also created a Protected Areas and Wildlife Bureau (PAWB) to take over wildlife and marine parks of the BFD, all national parks, wildlife sanctuaries, and game preserves previously managed by the Ministry of Human Settlements and national parks reservations.

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2 WATERSHED MANAGEMENT PRESIDENTIAL DECREE 705 Revised Forestry Code of the Philippines (1975) This Decree assigns

PRESIDENTIAL DECREE 705

Revised Forestry Code of the Philippines (1975)

This Decree assigns the Department to study, devise, determine, and prescribe the criteria, guidelines, and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and other classes.

This PD also establishes the multiple uses of forestlands by providing that the numerous beneficial uses of the timber, land, soil, water, wildlife, grass and recreation or aesthetic value of forest lands, and grazing shall be evaluated and weighed before allowing their utilization, exploitation, occupation or possession.

According to this PD, “only the utilization, exploitation, occupation or possession of any forest lands and grazing lands, or any activity therein, involving one or more of its resources which will produce the optimum benefits for the development and progress of the country and public welfare, without impairment or with the least injury to its resources, shall be allowed”.

“The Code is open to the development or use of all forest reservations as long as they are consistent with the principal objectives of the reservation. Critical watersheds, national parks, and established experimental forests, however, shall not be subject to commercial logging or grazing operations, and game refuges; bird sanctuaries, marine and seashore parks shall no be subject to hunting or fishing and/or activities of commercial nature.”

“No person may utilize, exploit, occupy, possess or conduct any activity within any forest and grazing land, or establish, install, add and operate any wood or forest products processing plant, unless he has been authorized to do under a license agreement, license, lease or permit. Upon the recommendation of the appropriate government agency, the President may, pending the conduct of appropriate hearing, order the summary suspension of any such contract, concession, license, permit, lease or privilege granted for violations of any of the conditions.”

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LGU MANDATES ON WATERSHED MANAGEMENT 2 “In order to achieve the effective protection of the forest

“In order to achieve the effective protection of the forest lands and the resources therein from illegal entry, unlawful occupation, kaingin, fire, insect infestation, theft, and other forms of forest destruction, the utilization of timber shall not be allowed except through license agreements. Holders of such licenses however have the obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas, conformably with multiple use and sustained yield management. Penalties will be imposed for the illegal cutting, gathering and/or collecting timber or other products.”

WATERSHED MANAGEMENT/ FORESTRY DEVELOPMENT PLANNING

❙ WATERSHED MANAGEMENT/ FORESTRY DEVELOPMENT PLANNING DENR ADMINISTRATIVE ORDER NO. 99-01 Adoption of the
❙ WATERSHED MANAGEMENT/ FORESTRY DEVELOPMENT PLANNING DENR ADMINISTRATIVE ORDER NO. 99-01 Adoption of the

DENR ADMINISTRATIVE ORDER NO. 99-01

Adoption of the Watershed and Ecosystems Planning Framework

The DENR officially adopts the Watershed and Ecosystems Planning and Management Framework. Thus, all DENR offices are to review and realign all programs and projects, including their budgets, in accordance with the priority watershed areas of the regions.

DENR ADMINISTRATIVE ORDER 97-02

This requires the creation of a set of criteria for defining a watershed, prior to the formulation of a watershed management plan.

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  DENR ADMINISTRATIVE ORDER NO. 95-15 Revised General Guidelines in the Implementation of the Sub-Classification
 

DENR ADMINISTRATIVE ORDER NO. 95-15

Revised General Guidelines in the Implementation of the Sub-Classification of Forestlands and other Inalienable Lands of the Public Domain

The Order defines the various forestland classification categories and criteria that will be used for classification. This AO also describes the procedures for the survey, zoning and mapping, processing and approval of the sub-classification.

DENR ADMINISTRATIVE ORDERS NO. 92-23

Institutionalization of the Master Plan for Forestry Development within DENR and Defining Functions of Offices for the Purpose

This document provides implementation support within the DENR organization for the Philippine Master Plan for Forest Development. This AO also created various support groups and defines their composition and functions.

❙ COMMUNITY-BASED FOREST MANAGEMENT (CBFM)

COMMUNITY-BASED FOREST MANAGEMENT (CBFM)

❙ COMMUNITY-BASED FOREST MANAGEMENT (CBFM)

EXECUTIVE ORDER NO. 263

Adopting Community–Based Management as the National Strategy to Ensure the Sustainable Development of the Country’s Forestland Resources and Providing Mechanisms for its Implementation (1995)

This EO grants organized communities (including indigenous peoples) access to the forestland resources under long-term tenurial agreements, provided they employ environment-friendly, ecologically sustainable, and labor-intensive harvesting methods.

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LGU MANDATES ON WATERSHED MANAGEMENT 2

LGU MANDATES ON WATERSHED MANAGEMENT 2 This Order also creates a multi-agency CBFM Steering Committee headed

This Order also creates a multi-agency CBFM Steering Committee headed by the DENR to formulate and develop policy guidelines needed to effectively carry out CBFM. The DENR is mandated to establish a CBFM special account to provide a financial and professional incentive system for deserving communities. It is also tasked to consult with government financial institutions about creating favorable financing mechanisms for communities and organizations.

Superseded by Executive Order 263: DENR Administrative Order No. 93-22 Revised Guidelines for Community Forestry Program

Revised under Executive Order 263: DENR Administrative Orders No. 91-04 Revised Regulations Governing the Integrated Social Forestry Program

DENR ADMINISTRATIVE ORDERS NO. 96-29

Rules and Regulation for the Implementation of Executive Order 263, otherwise known as the Community-Based Forest Management (CBFM) Strategy

The Order establishes the CBFM Program to implement EO 263. Under this program, local organized communities shall be issued tenure instruments and will be assisted by DENR, LGU and other organizations in the preparation of a Community Resource Management Framework. The framework shall serve as a guide in the access, development, use, and protection of resources in areas to be managed by the communities. The Order describes in detail the activities under each stage of the community-based forest management program.

LGUs are to be actively involved in CBFM. Specifically, they should be involved in:

(a)

conducting an Information Education Communication (IEC) campaign with DENR;

(b)

identifying, selecting, and validating CBFM areas;

(c)

endorsing PO applications for CBFMA; and

(d)

assisting in community appraisal, organization, and resource management planning. LGUs may also help finance CBFM development, conservation, and harvesting activities.

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2 WATERSHED MANAGEMENT DENR ADMINISTRATIVE ORDER NO. 2000-44 Amending Certain Provisions of DAO 96-29 and Providing

DENR ADMINISTRATIVE ORDER NO. 2000-44

Amending Certain Provisions of DAO 96-29 and Providing Specific Guidelines for the Establishment and Management of Community-Based Projects Within Protected Areas

This Order allows community-based projects inside multiple-use and buffer zones of protected areas, except any form of logging, or timber cutting that involves the natural forest. Qualified tenured migrant communities may participate in the Community-Based Projects and may be issued CBFMAs (Community-based Forest Management Agreements) within protected areas. These agreements (CBFMAs) will be endorsed by the Protected Area Management Board.

DENR ADMINISTRATIVE ORDER NO. 2000-29 GUIDELINES

Regulating the Harvesting and Utilization of Forest Products within Community-Based Forest Management Areas

These guidelines require holders of tenurial instruments under the CBFM program of DENR to secure a Resource Use Permit before they can use naturally grown and/or planted forest resources. The tenure holders should have an affirmed Community Resources Management Framework and Annual Work Plan. The extraction of forest products will be limited only to identified production zones. The remaining forest areas should not be less than 80 cubic meters per hectare after harvesting.

DENR ADMINISTRATIVE NO. 99-35

Revised Guidelines in the Implementation of the Resource Use Permit in Community- Based Forest Management Programs

The Order suspends the processing and issuance of resource use permits for CBFM holders and other people-oriented forestry projects. This Administrative Order provides more guidelines for the formulation and approval of resource use permits.

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LGU MANDATES ON WATERSHED MANAGEMENT 2

LGU MANDATES ON WATERSHED MANAGEMENT 2 DENR ADMINISTRATIVE ORDER NO. 99-29 Amendments to DAO No. 96-29

DENR ADMINISTRATIVE ORDER NO. 99-29

Amendments to DAO No. 96-29 which Prescribes the Rules and Regulations for the Implementation of Executive Order No. 263, Otherwise Known as the Community-Based Forest Management Strategy

DAO No. 99-29 makes changes to DAO 96-29, which prescribes the implementing rules and regulations of EO 263. In particular, DAO No. 99-29 repeals the requirement in DAO No. 96-29 for LGUs to endorse/affirm the CRMFs, AWPs and RUPs of CBFM POs. Instead, LGUs should be provided copies of approved CBFMs, CRMFs, AWPs. REDs, PENROs, and CENROs are to continue/enhance their close coordination with concerned LGUs

DENR ADMINISTRATIVE ORDER NO. 99-28

Amendment to Certain Provisions of DENR Administrative Order No. 12 Series of 1993 entitled “Revised Guidelines Regulating the Implementation and Management of DENR- CARP Activities”

This Order redefines DENR’s involvement in the Comprehensive Agrarian Reform Program (CARP) to include the allocation of non-alienable lands suitable to agroforestry through the implementation of CBFM. This order also mandates DENR to train LGUs and Department of Agrarian Reform (DAR) staff in order to enhance their technical expertise to support the implementation of the CBFM Program. The Order also describes in detail the DENR-CARP organizational structures and their functions.

DENR ADMINISTRATIVE ORDER NO. 99-11

Amending DAO 98 Series of 1988 to Include CBFMP Under the Coverage of Program D of the Comprehensive Agrarian Reform Program (CARP) and the National Anti Poverty Program

Program D of CARP should now include public A and D lands, as well as forestlands. To implement agrarian reform in public lands, the program should also include both land transfer and non- transfer CBFM schemes. The allocation of lands through the CBFM Strategy should conform to the provisions of DAO 96-29.

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2 WATERSHED MANAGEMENT DENR ADMINISTRATIVE ORDERS NO. 98-41 Guidelines on the Establishment and Management of

DENR ADMINISTRATIVE ORDERS NO. 98-41

Guidelines on the Establishment and Management of Community-Based Forest Management (CBFM) Projects Within Watershed Reservations

These guidelines concern the implementation of the CBFM strategy inside watershed reservations, which must be in accordance with the provisions of the National Integrated Protected Areas System (NIPAS) law and be consistent with the principles of multiple use, sustainable management, and biological diversity conservation.

The tenurial instruments and the procedure for implementing CBFM Projects inside watershed reservations will follow DAO 96-29 and related policies, provided that the Protected Area Superintendent and the Protected Area Management Board (PAMB) are involved in all phases of CBFM implementation. LGUs are tasked to provide assistance and help monitor the implementation of the affirmed CRMF and AWP.

DENR MEMORANDUM CIRCULAR NO. 98 – 08

Guidelines on Contracting Inside CBFM Areas

The Order sets the rules and regulations to hasten and systematize two types of contracting inside CBFM areas: (a) service contract for the extraction, transport, processing, and marketing of forest products, and (b) development contract for the development of portions of CBFM areas into plantations, agro-forestry, livestock production, eco-tourism and other developmental activities as contained in the affirmed Community CRMF of the POs.

The guidelines provide that the PO should furnish the LGU with a copy of any service or development contract and that the CENRO and LGUs shall jointly and periodically monitor the implementation of the contracts.

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LGU MANDATES ON WATERSHED MANAGEMENT 2 DENR MEMORANDUM CIRCULAR NO. 97-12 Guidelines for the Formulation of

DENR MEMORANDUM CIRCULAR NO. 97-12

Guidelines for the Formulation of the Community Resource Management Framework and Annual Work Plan for Community-Based Forest Management Areas

This Circular defines the content and procedures for the preparation and affirmation of the Community Resource Management Framework (the community’s strategic plan for managing and benefiting from the forest resources on a sustainable basis) and Annual Work Plan.

DENR MEMORANDUM CIRCULAR NO 97-11

Operationalization of the CBFM Program at the Regional, PENR, and CENR Offices

The Regional Offices are tasked to organize a CBFM Office to coordinate the implementation of the CBFM Program in the region. This office will be under the Regional Technical Director for Forest Management Services. CBFM Teams at the CENRO are also created to undertake, monitor, and support field implementation.

DENR ADMINISTRATIVE ORDERS NO. 96-30

Integration of All Community-Based Forest Management and People-Oriented Forestry (POF) Programs and Projects into the DENR Regular Structures

This Order seeks to integrate all DENR programs and CBFM and POF projects. It also aims to provide a smooth transition in the turnover of all CBFM and POF programs and projects to the Forest Management Bureau (FMB). The Order also creates the CBFM Office (CBFMO) in FMB and a CBFM Advisory Committee to provide technical and administrative guidance to the CBFMO during the transition period.

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2 WATERSHED MANAGEMENT DILG MEMORANDUM CIRCULAR NO. 96-143 Enjoining Support for the Community Forestry Program (CFP)

DILG MEMORANDUM CIRCULAR NO. 96-143

Enjoining Support for the Community Forestry Program (CFP)

Directs local authorities, particularly cities and municipalities, to undertake community-based forestry efforts and other initiatives in protecting the natural ecosystem. The Community Forestry Program (CFP) preceded CBFM.

INDUSTRIAL FOREST MANAGEMENT

DENR ADMINISTRATIVE ORDER NO. 99-53

Regulations Governing the Industrial Forest Management Program (IFMP)

Governing the Industrial Forest Management Program (IFMP) This Order repeals DAO 91-42, DAO 93-60, and DAO
Governing the Industrial Forest Management Program (IFMP) This Order repeals DAO 91-42, DAO 93-60, and DAO

This Order repeals DAO 91-42, DAO 93-60, and DAO 97-04. The Order defines the areas available for IFMP, which comprise the following:

(a)

open and denuded lands, brushlands

(b)

degraded residual natural forests

(c)

areas covered by cancelled/expired Forest Land Grazing Agreement or pasture permits or leases

(d)

government reforestation projects or portions thereof found to be more suitable or can be better developed as IFP

(e)

production residual natural forest that may be best included in any of the aforementioned areas and be a part of the managed forest under the Integrated Forest Management Agreement (IFMA)

(f)

areas under cancelled and expired Tenurial Land Agreements (TLAs).

The Order also establishes procedures in the processing of applications and approval of IFMAs, defines the terms and conditions of the IFMA, and the incentives and profit-sharing arrangements under the program.

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LGU MANDATES ON WATERSHED MANAGEMENT 2 Repealed by DENR AO 99-53: DENR Administrative Order No. 97-04

Repealed by DENR AO 99-53: DENR Administrative Order No. 97-04 (Rules and Regulations Governing the Industrial Forest Management Program)

DENR ADMINISTRATIVE ORDERS NO. 96-24

Rules and Regulations Governing the Socialized Industrial Forest Management Program (SIFMP)

This provides for the issuance of a Socialized Industrial Forest Management Agreement (SIFMA) to qualified tree planters. SIFMAs may cover all grasslands, brushlands, and open and denuded forest lands under the jurisdiction of the DENR—including those within government reforestation projects—and not otherwise to be classified under the NIPAS or subject of CADC, CALC, vested rights, licenses, permits or management agreements.

The Order outlines the procedures to be followed from the selection of SIFMA sites to the award of the SIFMA itself. LGUs are involved in the validation and mapping of potential SIFMA sites, in the conduct of information campaigns, and in site monitoring and evaluation.

ANCESTRAL DOMAIN

and in site monitoring and evaluation. ❙ ANCESTRAL DOMAIN REPUBLIC ACT NO. 8371 An Act to
and in site monitoring and evaluation. ❙ ANCESTRAL DOMAIN REPUBLIC ACT NO. 8371 An Act to

REPUBLIC ACT NO. 8371

An Act to Recognize, Protect and Promote the Rights of Indigenous People, Establishing Implementing Mechanisms, Appropriating Funds Therefore, and For Other Purposes

(1997)

This Act recognizes the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. The Government shall identify lands that Indigenous Cultural Communities (ICCs) or Indigenous Peoples (IPs) traditionally occupy and guarantee effective protection of their rights of ownership and possession through the issuance of a Certificate of Ancestral Domain Title (CADT).

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This RA further provides the procedures for the delineation process and guidelines of options regarding

This RA further provides the procedures for the delineation process and guidelines of options regarding the management of critical watersheds, mangroves, wildlife sanctuaries, wilderness, and protected areas within ancestral domains.

This Act creates the National Commission on Indigenous Peoples (NCIP), which is mandated to formulate and implement policies, plans, and programs to promote and protect the rights and well being of ICCs/IPs, and recognize their ancestral domains.

Superseded by the IPRA of 1997: DENR Administrative Orders No. 96-34 and 93-02

PROTECTED AREAS

❙ PROTECTED AREAS
❙ PROTECTED AREAS

REPUBLIC ACT NO. 7586

National Integrated Protected Area System (NIPAS) Act (1992)

The law calls for the establishment of a National Integrated Protected Areas System (NIPAS) and adopts the following categories of protected areas:

(a)

strict nature reserve;

(b)

natural park;

(c)

natural monument;

(d)

wildlife sanctuary;

(e)

protected landscapes and seascapes;

(f)

resource reserve; and

(g)

natural biotic areas.

It places the NIPAS under the control and administration of the DENR. For each of the established protected area, a Protected Area Management Board (PAMB) should be created. The law also creates a trust fund to be known as Integrated Protected Areas Fund for funding NIPAS projects.

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LGU MANDATES ON WATERSHED MANAGEMENT 2 DENR ADMINISTRATIVE ORDERS NO. 92-25 National Integrated Protected Areas System

DENR ADMINISTRATIVE ORDERS NO. 92-25

National Integrated Protected Areas System (NIPAS) Implementing Rules and Regulations

This Order describes the various steps to be taken by DENR in the (a) establishment of the initial component of the NIPAS, (b) establishment of additional protected areas, and (c) establishment of some protected areas. It also sets the guidelines for the preparation, approval, and adoption of protected area management plans, as well as a description of the various management zones and a detailed outline of the plan. It includes a salient provision on the creation and composition of the PAMB, which has representatives from the provincial, municipal and barangay LGUs.

DENR ADMINISTRATIVE ORDER NO. 99-21

Superseding DAO No. 97-05 and Prescribing the Revised Guidelines in the Implementation of the Pertinent Provisions of R.A. 1273, P.D. 705 and P.D. 1067

This Order provides that the following be demarcated and preserved as permanent timberland:

(a) strip of 40 meters wide starting from the bank on each side of any river or stream; (b) 20-meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least five meters wide; and (c) strips of mangrove or swamplands at least 20 meters wide, along shorelines facing oceans, lakes, and other bodies of water, and strips of land at least 20 meters facing lakes.

The necessary surveys will be undertaken to reflect these areas in maps and titles.

DENR MEMORANDUM CIRCULAR NO. 93-16

Guidelines on the Establishment and Management of Buffer Zones for Protected Areas

The purpose of this Circular is to prevent destruction of the protected area by establishing buffer zones outside its boundaries. The Circular establishes the ecological, social, and economic criteria

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for setting a buffer zone; procedures for boundary delineation; and management zoning within the buffer

for setting a buffer zone; procedures for boundary delineation; and management zoning within the buffer zones.

DENR ADMINISTRATIVE ORDERS NO. 92-13

Regulations Governing the Establishment of Buffer Zones Within Forestlands

This Order was issued to ensure the sustainability of the remaining forest resources by establishing buffer zones between the boundary of production forests and areas used for agricultural and other purposes.

DENR ADMINISTRATIVE ORDERS NO. 91-24

Shift in Logging from the Old Growth (Virgin) Forests to the Second Growth (Residual) Forests

Effective 1 January 1992, logging of the virgin forest will be prohibited. Logging operations will shift to residual forests with prohibitions in certain areas. Timber License Agreements (TLA) and Timber Production Sharing Agreement (TPSA) holders are ordered to conduct a timber inventory of their residual forests if they are to continue their logging operations.

MINING

❙ MINING
❙ MINING

REPUBLIC ACT NO. 7942

The Philippine Mining Act (1995) An Act Instituting a New System of Mineral Resources Exploration, Development, Utilization, and Conservation (1995)

The Act covers the exploration, development, use and processing of all mineral resources. It defines the areas that are open to mining operations and closed to mining applications. For instance, all mineral resources in public or private lands, including timber or forest lands as defined

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LGU MANDATES ON WATERSHED MANAGEMENT 2 in existing laws, are open to mineral agreements or financial

in existing laws, are open to mineral agreements or financial or technical assistance agreement applications.

Closed to mining applications are the following areas:

(a)

military and other government reservations, except upon prior written clearance by the government agency concerned;

(b)

areas near or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure projects, public or private works including plantations or valuable crops, except upon written consent of the government agency or private entity concerned;

(c)

areas covered by valid and existing mining rights;

(d)

areas expressly prohibited by law to be mined;

(e)

areas covered by small-scale miners as defined by law, unless with prior consent of the small- scale miners; and

(f)

old-growth- or virgin forest-proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks, provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries, as defined by the NIPAS law.

No ancestral land shall be opened for mining operations without the prior consent of the indigenous cultural community concerned.

The Act describes the different arrangements, agreements and permits that the DENR can issue for the exploration and use of mineral resources, and lists the incentives available to investors in mineral development.

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2 WATERSHED MANAGEMENT DENR ADMINISTRATIVE ORDER 96-40 Revised Implementing Rules and Regulations of Republic Act No.

DENR ADMINISTRATIVE ORDER 96-40

Revised Implementing Rules and Regulations of Republic Act No. 7942 Otherwise Known as the “Philippine Mining Act of 1995”

This Order transforms the Mines and Geo-Sciences Bureau (MGB) from a staff into a line bureau. It also defines the functions of local government units as follows:

(a)

ensure that relevant laws on public notice, public consultation and public participation are complied with;

(b)

in coordination with DENR, approve applications for small-scale mining, sand and gravel operations, quarrying, guano- and gemstone-gathering, and to approve gratuitous permits for industrial sand and gravel operations not exceeding five hectares;

(c)

receive their share (as provided for by law) in the wealth generated from the use of mineral resources and thus enhance economic progress and national development.

Furthermore, LGUs are supposed to:

(d)

facilitate the means by which a community can make an informed decision on the social acceptability of a mining project, a requirement for the issuance of an Environmental Compliance Certificate;

(e)

participate in the monitoring of any mining activity as a member of the Multipartite Monitoring Team;

(f)

participate as a member of the Mine Rehabilitation Fund Committee;

(g)

receive social infrastructure and community development projects for the use of the host and neighboring communities;

(h)

act as mediator between the Indigenous Cultural Community(ies) and the Contractor(s).

Among others, the Order sets out in detail the procedures and rules for the establishment and dismantling of mineral reservation, as well as rules for mining operations within mineral and government reservations. It also describes the eligibility criteria and the terms and conditions of

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LGU MANDATES ON WATERSHED MANAGEMENT 2 exploration permits, mineral agreements, financial or technical assistance

exploration permits, mineral agreements, financial or technical assistance agreements, and quarry operations. The Order establishes the conditions for applications for quarry permits, sand and gravel permits, and small-scale mining permits from the Provincial Governor/City Mayor through the Provincial/City Mining Regulatory Board, which are to be created for each province/city.

DENR ADMINISTRATIVE ORDER NO. 99-57

Amendments to DAO 96-40 or the “Revised Implementing Rules and Regulations of RA No. 7942, Otherwise Known as The ‘Philippine Mining Act of 1995’”

Major amendments to the Mining Act are made, covering the following:

(a)

establishment of the term and maximum areas allowed under an exploration permit;

(b)

transfer or assignment of Exploration Permit applications;

(c)

terms and conditions of the Exploration Permit and Mineral Agreement (MA);

(d)

possible conversion of an Exploration Permit to an MA or a Financial or Technical Assistance Agreement (FTAA) and vice versa;

(e)

issuance of Special Mines Permit;

(f)

mandatory requirements for filing of an FTAA;

(g)

general provisions for quarrying and extraction of sand and gravel, guano, and gemstone resources in private and/or public lands.

DENR ADMINISTRATIVE ORDER NO. 99-56

Guidelines Establishing the Fiscal Regime of Financial or Technical Assistance Agreements (FTAA) Pursuant to Republic Act No. 7942, otherwise known as the Philippine Mining Act of 1995 (the “Mining Act”)

The Order establishes the fiscal regime for FTAAs that the Government and the FTAA contractors shall adopt for the large-scale exploration, development, and commercial use of mineral resources in the country. It also provides for the formulation of a pro forma FTAA.

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2 WATERSHED MANAGEMENT DENR ADMINISTRATIVE ORDER NO. 99-34 Clarificatory Guidelines in the Implementation of DENR

DENR ADMINISTRATIVE ORDER NO. 99-34

Clarificatory Guidelines in the Implementation of DENR Administrative Order No. 96-40 or “Revised Implementing Rules and Regulations of RA No. 7942 Otherwise Known as the ‘Philippine Mining Act of 1995’”

This Order provides more specific guidelines on securing clearance of applications for an Exploration Permit, a Mineral Agreement and Financial or Technical Assistance Agreement (MA/FTAA). The guidelines also cover the renewal of a Exploration Permit; mandatory requirements for an Application for an MA/FTAA and registration of an MA; and availment of multiphase activities under the FTAA.

Through this Order, prior approval or endorsement by any two of the concerned Sanggunians (Panlalawigan, Bayan, and Barangay) is required in support of mining applications intended for development and/or utilization purposes. For mining applications intended for exploration, proof of consultation with, or project presentation to, any two of the concerned Sanggunians is required.

ENVIRONMENTAL IMPACT

ASSESSMENT OF FORESTRY ACTIVITIES

❙ ENVIRONMENTAL IMPACT ASSESSMENT OF FORESTRY ACTIVITIES DENR ADMINISTRATIVE ORDER NO. 2000-07 Provisional Guidelines
❙ ENVIRONMENTAL IMPACT ASSESSMENT OF FORESTRY ACTIVITIES DENR ADMINISTRATIVE ORDER NO. 2000-07 Provisional Guidelines

DENR ADMINISTRATIVE ORDER NO. 2000-07

Provisional Guidelines for Environmental Impact Assessment (EIA) of Forestry Projects

Pending the finalization and issuance of scoping guidelines for forestry projects, all applicants for Integral Annual Operational Plans are required to submit an Initial Environmental Examination (IEE) and other certifications.

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LGU MANDATES ON WATERSHED MANAGEMENT 2

LGU MANDATES ON WATERSHED MANAGEMENT 2 DENR ADMINISTRATIVE ORDER NO. 99-15 Designating the Forest Management Bureau

DENR ADMINISTRATIVE ORDER NO. 99-15

Designating the Forest Management Bureau as the Lead Agency in the Implementation of the Environmental Impact Statement System for Forestry Projects

The Forest Management Bureau (FMB) assumes all functions relative to the EIS System for Forestry Projects. The EMB Director should turn over to the Forest Management Bureau all Environmental Impact Statements and Environmental Compliance Certificates as well as other documents pertaining to Forestry Projects. The FMB Director is authorized to create an Environmental Impact Assessment Unit and designate the necessary personnel.

OTHERS

Unit and designate the necessary personnel. ❙ OTHERS DENR MEMORANDUM ORDER NO. 99-29 Guidelines in the