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(NAR) VOL. 13 NOS. 1-2 / JANUARY-MARCH 2002
[ DENR ADMINISTRATIVE ORDER NO. 2002-02, JANUARY 3, 2002, January 03, 2002 ]
ESTABLISHMENT AND MANAGEMENT OF COMMUNITY-BASED PROGRAM IN PROTECTED AREAS
Pursuant to Republic Act No. 7586, otherwise known as the National Integrated Protected Areas Act (NIPAS Act) as implemented by DAO No. 25 series 1992, requiring a management planning strategy of protected areas and providing protection to qualified tenured migrant communities and Interested Indigenous people; and, EO No. 263 entitled "Adopting Community-Based Forest Management as the National Strategy to Ensure the Sustainable Development of the Country's Forestlands Resources and Providing Mechanisms for its Implementation", this Administrative Order is hereby promulgated:
SECTION 1. Basic Policy.— It Is the basic policy of the Department to promote the conservation of biodiversity and sustainable development in protected areas and buffer zones in order to maintain essential ecological processes and life support systems which will enhance peoples' capacity to sustain human life and development, as well as plant and animal life.
Towards this end, it is the policy of the Department to provide qualified tenured migrant communities and interested indigenous people within protected areas, tenure over established Community-Based Program areas, provided that the activities to be undertaken are consistent with the Protected Area Management Plan.
SECTION 2. Definition of Terms. — As used in this Order, the following shall mean:
a) Integrated Protected Area Fund — a trust fund established for purposes of financing projects of the National Integrated Protected Areas System in relation to Section 12 hereof.
b) People's Organization — a group of qualified tenured migrant communities and/or interested indigenous peoples which may be an association, cooperative, federation, or other entity, consciously established to undertake collective action to address community concerns and needs and mutually share the benefits of the Community Based Program.
c) Protected Area Management Board (PAMB) — a multi-sectoral body created in each protected area vested with powers to decide the allocations for budget, approve proposals for funding and decide matters relating to planning, peripheral protection and general administration of the protected area in accordance with the general management strategy, among others.
d) Protected Area Management Plan — refers either to the initial Protected Area Plan or the General Management Planning Strategy, prepared for each protected area which contains management issues, strategies, land and resource use prescriptions and activities.
e) Qualified Tenured Migrant Communities — a group of persons who after the survey of the protected area occupants verified to have been actually and continuously occupying a portion of the protected area for a period of at least five (5) years before the establishment of the same as such in accordance with the NIPAS Act and are solely dependent therein for subsistence. For initial components of the National Integrated Protected Areas System (NIPAS) the reckoning period of 5 years shall be June 1, 1992 and for additional sites for inclusion in the NIPAS, the reckoning period shall be from the issuance of the Presidential Proclamation establishing the site as a protected area.
f) Prior vested rights — acknowledged and valid claims, prerogatives, or ownership over land or natural resources existing before the passage of the NIPAS Act for the initial components of the NIPAS and before the Presidential Proclamation for the additional sites for inclusion in the NIPAS to which one is entitled to by reason of a previously existing law, contract, permit or tradition.
SECTION 3. Scope and Coverage. — This Order establishes the Community Based Program (CBP) which shall provide the opportunity to organized tenured migrant communities and interested indigenous peoples to manage, develop, utilize, conserve and protect the resources in designated CBP area, subject to prior vested rights, with activities consistent with the Protected Area Management Plan. The CBP areas, including its management zones, resource and land uses, shall be consistent with the Protected Area Management Plan.
SECTION 4. Procedure on the CBP Implementation. — The CBP shall have the following stages:
4.1. Preparatory stage. This shall include information, education campaign, institutional linkage with Local Government Units and other stakeholders and, identification of CBP areas.
4.2. People's organization formation and diagnostic stage. This shall include the application of qualified tenured migrant communities and/or interested Indigenous people to participate in the CBP, community appraisal and formation and issuance of the tenurial instrument. The tenured migrant communities shall be registered with the Security and Exchange Commission or Cooperative Development Authority or other recognized agency which registers an organization. Only the organized tenured migrant communities and indigenous people are qualified to participate in the CBP.
4.3. Planning stage. This shall include the preparation of the Community Resource Management Plan (CRMP) by qualified organized tenured migrant communities and interested indigenous people.
4.4. Implementation stage. This shall include the implementation and management of planned activities specified in the CRMP.
The CBP shall be Implemented by the PAMB through the Protected Area Superintendent (PASu) and in coordination with the concerned Community Environment Natural Resources Officers (CENROs).
SECTION 5. Tenurial Instrument. — The tenurial instrument, which shall be called Protected Area Community-Based Resource Management Agreement (PACBRMA), shall be Issued to the People's Organization after completion of all the requirements enumerated below. The Agreement shall have a duration of twenty-five (25) years and renewable for another 25 years. Annex I [1] is the prescribed format of the PACBRMA which shall be strictly followed.
The requirements for the application, processing, approval and amendments on the prescribed format of the Agreement shall be done as follows:
5.1 Requirements for Application. The following requirements shall be submitted to the PASu:
5.1.1. Qualified Tenured Migrant Communities
5.1.2 Interested Indigenous People
5.2. Processing of application. — The PASu, within thirty (30) working days upon receipt of the application form and other requirements, shall evaluate the application of the People's Organization/Indigenous people, reflect its CBP area on the CBP map and endorse it to the PAMB. The PAMB-CBP Committee, within thirty (30) working days upon receipt of the documents, shall convene and discuss with the concerned People's Organization/Indigenous people the terms and conditions of the Agreement.
5.3 Approving authority- The PAMB shall endorse the tenurial instrument, through a resolution, to the Regional Executive Director (RED). PACBRMAs with areas not exceeding 15,000 ha. shall be approved by the RED. PACBRMAs with areas more than 15,000 ha. shall be approved by the Secretary.
5.4 Amendments to the PACBRMA- Any amendment, deletion or addition to the herein prescribed format shall be sent to the Director of the Protected Areas and Wildlife Bureau (PAWB), thru the DENR-Regional Executive Director. The Director of PAWB shall review the proposed amendment/s and shall make the necessary recommendation to the Secretary.
SECTION 6. Preparations of the Community Resource Management Plan. — The Community Resource Management Plan (CRMP) describes the communities' long term vision, aspirations, commitment and strategies for protection, rehabilitation, development and sustainable utilization of the resources Within protected area.
After the approval of the PACBRMA, the People's Organization/indigenous people shall prepare the CRMP with the assistance of the PASu, or in his absence, the concerned CENRO. The CRMP shall be consistent with the existing Protected Area Management Plan and other relevant policies, rules and regulations. The procedure on the preparation of the CRMP is specified in the Manual of the Establishment and Management of Community Based Program in Protected Areas. The CRMP Shall Be Affirmed by the PAMB and cleared by the Secretary prior to its implementation.
SECTION 7. Technical Assistance.— The DENR, LGU and other concerned organizations shall extend to the People's Organizations/indigenous peoples technical assistance which shall, among others, include necessary inputs and trainings.
SECTION 8. Monitoring and Evaluation. — The PAWB and the Regional Office, shall undertake periodic monitoring and evaluation on the implementation of the CBP. The PAMB through the PASu and in coordination with the concerned CENRO, shall monitor the compliance with the terms and conditions of the PACBRMA Holder.
SECTION 9. Termination or Cancellation of the PACBRMA. — The grounds for termination or cancellation of the Agreement shall be as follows:
a) Failure of the PACBRMA Holder to comply with the terms and conditions of the Agreement with a period of six months, after being notified in writing by the PAMB or authorized representative of the DENR about the neglect or violation;
b) Serious and continued violation of natural resources laws, rules and regulations;
c) Reclassification of the land allowing settlers' privileges greater than what is offered under the program, such as when the land becomes alienable and disposable;
d) Conversion of the CBP area or portions thereof, to other uses not authorized in the Protected Area Management Plan;
e) When the national interest so requires as determined by the DENR Secretary
During the investigation of any of the aforementioned grounds or in the interest of the protected area, the Secretary may suspend the agreement pending his review and the proponents compliance with the NIPAS Act.
After complying with the minimum requirements of procedural due process, the PAMB, upon recommendation of its CBP committee or any investigation committee crated for the purpose, may in turn recommend to the Regional Executive Director or the Secretary, as the case may be, cancellation/amendment of any PACBRMA. In such case, all improvements and development in the area shall revert to the jurisdiction of the protected area.
SECTION 10. Creation of the PAMB-CBP Committee. — A PAMB-CBP Committee shall be created to handle all matters relating to the Community Based Program. The members of the committee shall be appointed by the concerned Regional Executive Director.
SECTION 11. Manual on the Establishment and Management of Community Based Program in Protected Areas. — The manual on the Establishment and Management of the Community Based Program in Protected Areas shall be prepared by the Protected Areas and Wildlife Bureau. Any change/s in the Manual by the Director of PAWD may be subject to the approval of the Secretary.
SECTION 12. Fund Allocation. — The Regional Offices shall allocate the necessary fund for the implementation of this Order. All fees to be collected by the DENR from the CBP implementation shall accrue to the Integrated Protected Area Fund and portion of which may be utilized in the CBP activities, such as but not limited to rehabilitation, protection and other activities, in accordance with RA 7586.
SECTION 13. Transitory Provisions. — Upon the effectivity of this Order, all existing Community-Based Forest Management Agreements (CBFMAs) issued inside NIPAS declared protected areas and their buffer zones with existing PAMBs, shall be placed under the management of the aforementioned concerned PAMB. The concerned DENR officer shall coordinate with the PAMB and the PASu for the effective implementation and monitoring of all existing CBFMAs.
SECTION 14. Separability Clause. — If any part or section of this Order is held invalid, all other provisions, parts or sections not affected thereby shall remain valid.
SECTION 15. Repealing Clause. — This Administrative Order modifies DAO No. 96-29 or the Rules and Regulations for the Implementation of Executive Order No. 263, otherwise known as the Community-Based Forest Management Strategy in so far as protected areas are concerned, and repeals DAO No. 2000-44 and amend certain provisions of DAO 96-29. All other orders, memoranda and circulars which are inconsistent herewith are likewise revoked or amended accordingly.
SECTION 16. Effectivity. — This order shall take effect 15 days after publication in a newspaper of national circulation.
Adopted: 3 January 2002
SECTION 1. Basic Policy.— It Is the basic policy of the Department to promote the conservation of biodiversity and sustainable development in protected areas and buffer zones in order to maintain essential ecological processes and life support systems which will enhance peoples' capacity to sustain human life and development, as well as plant and animal life.
Towards this end, it is the policy of the Department to provide qualified tenured migrant communities and interested indigenous people within protected areas, tenure over established Community-Based Program areas, provided that the activities to be undertaken are consistent with the Protected Area Management Plan.
SECTION 2. Definition of Terms. — As used in this Order, the following shall mean:
a) Integrated Protected Area Fund — a trust fund established for purposes of financing projects of the National Integrated Protected Areas System in relation to Section 12 hereof.
b) People's Organization — a group of qualified tenured migrant communities and/or interested indigenous peoples which may be an association, cooperative, federation, or other entity, consciously established to undertake collective action to address community concerns and needs and mutually share the benefits of the Community Based Program.
c) Protected Area Management Board (PAMB) — a multi-sectoral body created in each protected area vested with powers to decide the allocations for budget, approve proposals for funding and decide matters relating to planning, peripheral protection and general administration of the protected area in accordance with the general management strategy, among others.
d) Protected Area Management Plan — refers either to the initial Protected Area Plan or the General Management Planning Strategy, prepared for each protected area which contains management issues, strategies, land and resource use prescriptions and activities.
e) Qualified Tenured Migrant Communities — a group of persons who after the survey of the protected area occupants verified to have been actually and continuously occupying a portion of the protected area for a period of at least five (5) years before the establishment of the same as such in accordance with the NIPAS Act and are solely dependent therein for subsistence. For initial components of the National Integrated Protected Areas System (NIPAS) the reckoning period of 5 years shall be June 1, 1992 and for additional sites for inclusion in the NIPAS, the reckoning period shall be from the issuance of the Presidential Proclamation establishing the site as a protected area.
f) Prior vested rights — acknowledged and valid claims, prerogatives, or ownership over land or natural resources existing before the passage of the NIPAS Act for the initial components of the NIPAS and before the Presidential Proclamation for the additional sites for inclusion in the NIPAS to which one is entitled to by reason of a previously existing law, contract, permit or tradition.
SECTION 3. Scope and Coverage. — This Order establishes the Community Based Program (CBP) which shall provide the opportunity to organized tenured migrant communities and interested indigenous peoples to manage, develop, utilize, conserve and protect the resources in designated CBP area, subject to prior vested rights, with activities consistent with the Protected Area Management Plan. The CBP areas, including its management zones, resource and land uses, shall be consistent with the Protected Area Management Plan.
SECTION 4. Procedure on the CBP Implementation. — The CBP shall have the following stages:
4.1. Preparatory stage. This shall include information, education campaign, institutional linkage with Local Government Units and other stakeholders and, identification of CBP areas.
4.2. People's organization formation and diagnostic stage. This shall include the application of qualified tenured migrant communities and/or interested Indigenous people to participate in the CBP, community appraisal and formation and issuance of the tenurial instrument. The tenured migrant communities shall be registered with the Security and Exchange Commission or Cooperative Development Authority or other recognized agency which registers an organization. Only the organized tenured migrant communities and indigenous people are qualified to participate in the CBP.
4.3. Planning stage. This shall include the preparation of the Community Resource Management Plan (CRMP) by qualified organized tenured migrant communities and interested indigenous people.
4.4. Implementation stage. This shall include the implementation and management of planned activities specified in the CRMP.
The CBP shall be Implemented by the PAMB through the Protected Area Superintendent (PASu) and in coordination with the concerned Community Environment Natural Resources Officers (CENROs).
SECTION 5. Tenurial Instrument. — The tenurial instrument, which shall be called Protected Area Community-Based Resource Management Agreement (PACBRMA), shall be Issued to the People's Organization after completion of all the requirements enumerated below. The Agreement shall have a duration of twenty-five (25) years and renewable for another 25 years. Annex I [1] is the prescribed format of the PACBRMA which shall be strictly followed.
The requirements for the application, processing, approval and amendments on the prescribed format of the Agreement shall be done as follows:
5.1 Requirements for Application. The following requirements shall be submitted to the PASu:
5.1.1. Qualified Tenured Migrant Communities
1. Accomplished application form
2. Certificate of Registration
3. List of officers
4. List of members, including address and complete name of spouse, if any, and certified by PAMB as qualified tenured migrants; and,
5. Resolution from the members of the People's Organization allowing its president or head to file the application for PACBRMA
2. Certificate of Registration
3. List of officers
4. List of members, including address and complete name of spouse, if any, and certified by PAMB as qualified tenured migrants; and,
5. Resolution from the members of the People's Organization allowing its president or head to file the application for PACBRMA
5.1.2 Interested Indigenous People
1. Accomplished application form;
2. Certification from the National Commission of Indigenous People (NCIP) as recognized indigenous people staying in the protected area;
3. List of council of elders or other similar indigenous governing body in the area;
4. List of names of the indigenous people; and,
5. Proof of consent from the council of elders or other similar indigenous governing body of their interest to apply for the PACBRMA.
2. Certification from the National Commission of Indigenous People (NCIP) as recognized indigenous people staying in the protected area;
3. List of council of elders or other similar indigenous governing body in the area;
4. List of names of the indigenous people; and,
5. Proof of consent from the council of elders or other similar indigenous governing body of their interest to apply for the PACBRMA.
5.2. Processing of application. — The PASu, within thirty (30) working days upon receipt of the application form and other requirements, shall evaluate the application of the People's Organization/Indigenous people, reflect its CBP area on the CBP map and endorse it to the PAMB. The PAMB-CBP Committee, within thirty (30) working days upon receipt of the documents, shall convene and discuss with the concerned People's Organization/Indigenous people the terms and conditions of the Agreement.
5.3 Approving authority- The PAMB shall endorse the tenurial instrument, through a resolution, to the Regional Executive Director (RED). PACBRMAs with areas not exceeding 15,000 ha. shall be approved by the RED. PACBRMAs with areas more than 15,000 ha. shall be approved by the Secretary.
5.4 Amendments to the PACBRMA- Any amendment, deletion or addition to the herein prescribed format shall be sent to the Director of the Protected Areas and Wildlife Bureau (PAWB), thru the DENR-Regional Executive Director. The Director of PAWB shall review the proposed amendment/s and shall make the necessary recommendation to the Secretary.
SECTION 6. Preparations of the Community Resource Management Plan. — The Community Resource Management Plan (CRMP) describes the communities' long term vision, aspirations, commitment and strategies for protection, rehabilitation, development and sustainable utilization of the resources Within protected area.
After the approval of the PACBRMA, the People's Organization/indigenous people shall prepare the CRMP with the assistance of the PASu, or in his absence, the concerned CENRO. The CRMP shall be consistent with the existing Protected Area Management Plan and other relevant policies, rules and regulations. The procedure on the preparation of the CRMP is specified in the Manual of the Establishment and Management of Community Based Program in Protected Areas. The CRMP Shall Be Affirmed by the PAMB and cleared by the Secretary prior to its implementation.
SECTION 7. Technical Assistance.— The DENR, LGU and other concerned organizations shall extend to the People's Organizations/indigenous peoples technical assistance which shall, among others, include necessary inputs and trainings.
SECTION 8. Monitoring and Evaluation. — The PAWB and the Regional Office, shall undertake periodic monitoring and evaluation on the implementation of the CBP. The PAMB through the PASu and in coordination with the concerned CENRO, shall monitor the compliance with the terms and conditions of the PACBRMA Holder.
SECTION 9. Termination or Cancellation of the PACBRMA. — The grounds for termination or cancellation of the Agreement shall be as follows:
a) Failure of the PACBRMA Holder to comply with the terms and conditions of the Agreement with a period of six months, after being notified in writing by the PAMB or authorized representative of the DENR about the neglect or violation;
b) Serious and continued violation of natural resources laws, rules and regulations;
c) Reclassification of the land allowing settlers' privileges greater than what is offered under the program, such as when the land becomes alienable and disposable;
d) Conversion of the CBP area or portions thereof, to other uses not authorized in the Protected Area Management Plan;
e) When the national interest so requires as determined by the DENR Secretary
During the investigation of any of the aforementioned grounds or in the interest of the protected area, the Secretary may suspend the agreement pending his review and the proponents compliance with the NIPAS Act.
After complying with the minimum requirements of procedural due process, the PAMB, upon recommendation of its CBP committee or any investigation committee crated for the purpose, may in turn recommend to the Regional Executive Director or the Secretary, as the case may be, cancellation/amendment of any PACBRMA. In such case, all improvements and development in the area shall revert to the jurisdiction of the protected area.
SECTION 10. Creation of the PAMB-CBP Committee. — A PAMB-CBP Committee shall be created to handle all matters relating to the Community Based Program. The members of the committee shall be appointed by the concerned Regional Executive Director.
SECTION 11. Manual on the Establishment and Management of Community Based Program in Protected Areas. — The manual on the Establishment and Management of the Community Based Program in Protected Areas shall be prepared by the Protected Areas and Wildlife Bureau. Any change/s in the Manual by the Director of PAWD may be subject to the approval of the Secretary.
SECTION 12. Fund Allocation. — The Regional Offices shall allocate the necessary fund for the implementation of this Order. All fees to be collected by the DENR from the CBP implementation shall accrue to the Integrated Protected Area Fund and portion of which may be utilized in the CBP activities, such as but not limited to rehabilitation, protection and other activities, in accordance with RA 7586.
SECTION 13. Transitory Provisions. — Upon the effectivity of this Order, all existing Community-Based Forest Management Agreements (CBFMAs) issued inside NIPAS declared protected areas and their buffer zones with existing PAMBs, shall be placed under the management of the aforementioned concerned PAMB. The concerned DENR officer shall coordinate with the PAMB and the PASu for the effective implementation and monitoring of all existing CBFMAs.
SECTION 14. Separability Clause. — If any part or section of this Order is held invalid, all other provisions, parts or sections not affected thereby shall remain valid.
SECTION 15. Repealing Clause. — This Administrative Order modifies DAO No. 96-29 or the Rules and Regulations for the Implementation of Executive Order No. 263, otherwise known as the Community-Based Forest Management Strategy in so far as protected areas are concerned, and repeals DAO No. 2000-44 and amend certain provisions of DAO 96-29. All other orders, memoranda and circulars which are inconsistent herewith are likewise revoked or amended accordingly.
SECTION 16. Effectivity. — This order shall take effect 15 days after publication in a newspaper of national circulation.
Adopted: 3 January 2002
(SGD.) HEHERSON T. ALAVAREZ
Secretary
[1] Tex Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City
Secretary
[1] Tex Available at Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City