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Allocating Forest Lands - Commonly Issued Allocation Instruments PDF
Allocating Forest Lands - Commonly Issued Allocation Instruments PDF
Table of Contents
ACRONYMS ........................................................................................... II
INTRODUCTION .....................................................................................
Why do we have to allocate forest lands? .................................
Local government units (LGU) role ...........................................
Examples of allocation instruments ...........................................
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REFERENCES ..................................................................................... 22
ACRONYMS
ARA
CADT
CBFMA
CDA
CDMP
CENRO
CSC
DAI
DAO
DENR
DILG
ECC
ENR
EO
FLGMA
FLUP
FMB
ICC
IEE
IFMA
IP
JMC
LGU
MOA
NCIP
NIPAS
PACBRMA
PAMB
PAWB
PD
PENRO
PO
RA
RED
SEC
SIFMA
TLA
UPLB
USAID
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INTRODUCTION
Under the existing Regalian doctrine, only the State can allocate
forests and forest lands for protection, development and
management either on a permanent or temporary basis.
Allocation is done by the State, mainly through the Department
of Environment and Natural Resources (DENR), Congress, Office of
the President, or the National Commission on Indigenous Peoples
(NCIP) in the case of ancestral domains.
ALLOCATION
TO
COMMUNITIES
This allows communities, indigenous people included, who are residing within and
nearby forest lands, to be an active part in managing the forests and engage in its
sustainable use. Tenure instruments under this type of allocation may apply to
production and protected areas as well as ancestral domains.
1. Community-Based Forest Management Agreement (CBFMA)
Governing Policies: Executive Order (EO) No. 2631 (1995);
Department Administrative Order (DAO) 292, Implementing
Rules and Regulations (1996)
Period of Tenure: 25 years, renewable for another 25 years
Who can Participate: A group of at least 10 local Filipino
citizens (or an existing peoples organization or PO) residing
inside or near forest lands
General Application Requirements: A group of local residents
may submit its applicationtogether with the required
endorsements from the barangay and municipal/city councils
to the Community Environment and Natural Resources Officer
(CENRO). After a series of meetings and consultations, a CBFM
area will be selected by the community, CENRO and the LGU.
Then the applicants should form an organization (if one has not
been formed yet) and have it registered with the Securities and
Exchange Commission (SEC) or the Cooperative Development
Authority (CDA).
Issuing Authority: Provincial Environment and Natural
Resources Officer (PENRO) - up to 5,000 ha; Regional
Executive Director (RED) more than 5,000 to 15,000
ha; Undersecretary
(U/Sec) for Operations more than 15,000 to
30,000 ha; Secretary more than 30,000 ha.
ICCs/IPs, whose ancestral domains have been delineated in accordance with DENR procedures and
prior to the enactment of RA 8371, have the right to apply for the issuance of a CADT over the area
without going through the process outlined in this law.
ALLOCATION
TO
INVESTORS
Tenure instruments under this type of allocation allow for production sharing,
encourage private sector investment and participation in the development,
management and use of forests and forest lands.
1. Industrial Forest Management Agreement (IFMA)
Governing Policies: DAO 99-535 (1999); DAO 2003-216 (2003)
Period of Tenure: 25 years, renewable for another 25 years
Who can Participate: Filipino citizens of legal age who are
technically and financially capable; partnerships, cooperatives
or corporations which are either 100 percent Filipino owned or
60 percent owned by Filipinos and 40 percent owned by
foreigners, duly registered under Philippine laws. Timber license
agreement (TLA) holders may opt to convert their TLAs to
IFMAs.
General Application Requirements: Duly accomplished
application form with appropriate filing and survey fees. For
corporations, partnerships or cooperatives: corporation papers
duly certified by the SEC or the CDA, Articles of Incorporation
and By-Laws duly certified by the Board Secretary, audited
financial statements for the last two years, proof of financial and
technical capability, board resolution authorizing any of the
officers to file the application in behalf of the corporation,
cooperative and/or partnership duly certified by the Board
Secretary.
For a TLA to be converted to an IFMA, the following conditions
shall have been satisfied:
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LOCAL
ALLOCATION TO
GOVERNMENT UNITS (LGUS)
LGUs now share with the national government the responsibility of maintaining the
ecological balance within their respective jurisdictions. The Local Government
Code (RA 7160) further devolved certain forest management functions to the
LGUs.
1. Co-Management Agreement
Governing Policies: RA 71609 (1991); DENR-DILG JMC 20030110 (2003), DENR-DILG JMC 98-0111 (1998)
Who can Participate: Individual or cluster of LGUs
General Application Requirements: LGUs interested should
signify their interest in co-managing forests and forests lands
(such as establishing community watersheds, greenbelts, tree
parks, reforestation and other co-management areas) to the
CENRO. Once everything has been agreed upon, a
Memorandum of Agreement (MOA) shall be executed signed by
the DENR and the LGU and witnessed by a DILG
representative.
Issuing Authority: CENRO
forest areas up to 1,000 ha;
PENRO more than 1,000 up
to 5,000 ha; RED more than
5,000 up to 15,000 ha; U/Sec
for Field Operations more
than 15,000 up to 30,000 ha;
and Secretary more than
30,000 ha.
Rights, Privileges of Tenure
Holder: The MOA defines the
tenure holders rights/privileges which may include developing,
managing, protecting and utilizing a specified area of forest land
and its forest resource; harvest, sell and use planted trees and
crops consistent with the principle of sustainable development.
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2. Communal Forests
Communal forest refers to a tract of forest land set aside by the
Secretary of the DENR upon the recommendation of the
concerned LGU for the use of the residents of a municipality/
city.
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3. Community Watersheds
Community watersheds refer to forest lands set aside by the
Secretary of the DENR upon the recommendation of the
concerned LGU as sources of water supply for specific local
communities subject to the provision that the utilization shall be
in accordance with sustainable development.
Governing Policies: RA 7160, DENR-DILG JMC 98-01
Who can Participate: Cities/municipalities
Identification and Establishment of Community Watersheds:
In accordance with RA 7160 which mandated the Sangguniang
Bayan to provide for the establishment, maintenance, protection
and conservation of watersheds in their respective areas as
sources of water supply for specific communities, the following
guidelines shall be followed:
(a) DENR, through its CENRO, together with the city/municipal
LGU shall identify potential watershed areas in the city or
municipal territorial jurisdiction that can be sources of water
supply for specific communities.
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ALLOCATION
Allocation under this type includes academic research agreements, grants to state
colleges/university and government corporations as well as civil/military
reservations.
1. Academic Research Agreement (ARA)
Governing Policies: RA 914715 (2001), EO 24716 (1995)
What is an ARA: It is an agreement entered into by and
between the DENR and a duly recognized Philippine university
or academic institution, domestic governmental entity, intergovernmental entity or national government agency for the
purpose of undertaking academic and scientific researches
relative to bio-prospecting.
Validity of the ARA: Valid for three years
Who Approves the ARA: PAWB Director approves and signs
the agreement.
2. Land Grants to State Colleges/Universities
Example:
a) Grant to the University of the Philippines Los Baos (UPLB)
of jurisdiction over the Mt. Makiling Forest Reserve
The management of Mt. Makiling in the province of Laguna is
mandated to UPLB by virtue of RA 6967 (1989). The pertinent
provisions read:
Sec. 1. The entire forest reserve at Mt. Makiling in Laguna,
ceded, transferred and conveyed to the University of the
Philippines pursuant to RA 3523 shall be administered and
conserved primarily as a training laboratory for the
advancement of scientific and technical knowledge
particularly in the preservation, conservation, and
development of our forest, flora and fauna and natural
resources.
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REFERENCES
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