Regional Rusumo Falls Hydro Power Project (RRFHPP) Addendum to the Main Resettlement Action Plan (RAP) Site Specific RAP for Extra Land on Tanzania Side- land acquired for construction of borehole and its access road for water supply to the Power House Residential Camp. April 2020 RAP Addendum; Extra land -Drilling of Borehole for Provision of water to the Permanent Residential 1|Page Table of Contents ACRONYMS ............................................................................................................................................... 4 1.0 Background ............................................................................................................................................. 5 1.1 Introduction:....................................................................................................................................... 5 2. Description of the Site and Land Requirements..................................................................................... 6 2.1. Location of the Site ........................................................................................................................... 6 3.0 PAP Identification and Demarcation ..................................................................................................... 8 3.1 Land Parcel for Drilling of Borehole for Provision of water to the Permanent Residential Camp. 8 4.0 Valuation Process for the Extra Lands ................................................................................................... 9 4.1 Valuation Methods............................................................................................................................. 9 4.1.1 Land Valuation ............................................................................................................................. 9 4.1.3 Valuation for Crops .................................................................................................................... 10 4.2 Eligibility Criteria and Entitlement Matrix ................................................................................. 10 4.2.1 Entitlement Matrix .............................................................................................................. 10 5.0 Public Consultation ........................................................................................................................ 10 6.0 Livelihood Restoration Program .................................................................................................... 11 7.0 Implementation, Monitoring and GRM ......................................................................................... 11 RAP Addendum; Extra land -Drilling of Borehole for Provision of water to the Permanent Residential 2|Page List of Tables Table 1: GPS coordinates of the affected area. Table 2- Summary of extra land acquired, number of property owner and compensation values Table 4: Summary of Affected Assets for the PAP Table 5 Indicative Unit Price of Land According to its Location and Use RAP Addendum; Extra land -Drilling of Borehole for Provision of water to the Permanent Residential 3|Page ACRONYMS AfDB African Development Bank ANB Annual Income of Building BNV Brand New Value ESIA Environmental Social Impact Assessment CP1 Contract Part One CP2 Contract Part Two GIS Geographical Information System GPS Global Positioning System HH Household GRM Grievance Redress Mechanisms LRP Livelihood Restoration Program LV Land Value MW Megawatts NBI Nile Basin Initiative NELSAP Nile Equatorial Lakes Subsidiary Action Program OE Owners Engineers PAP Project Affected People PIU Project Implementation Unit RAP Resettlement Action Plan RCM Resettlement Committee Members RoR Run of River RRFHPP Regional Rusumo Falls Hydro Power Plant RV Residual Value SY Switch Yard WB World Bank RAP Addendum; Extra land -Drilling of Borehole for Provision of water to the Permanent Residential 4|Page 1.0 Background The Regional Rusumo Falls Hydro Power Project (RRFHPP) is implemented by the Republics of Rwanda, Tanzania and Burundi in partnership with Nile Equatorial Lakes Subsidiary Action Program (NELSAP). The hydro power plant is estimated to produce about 80 MW on the Kagera River at the Rusumo Falls located on the border between Rwanda and Tanzania under a Run of River (RoR) scheme. A Resettlement Action Plan (RAP) was prepared in accordance with World Bank (WB) OP 4.12 “Involuntary Resettlement” and the legislative policies governing resettlement in the two affected Republics of Rwanda and Tanzania. The RAP was disclosed in March 2013 and is the basis for this RAP Addenda. During construction of the Project, CGCOC-JWHC JV referred to as Contractor Package 1 (CP1) constructed the permeant residential camp for staff needed for the operation phase of the project. The residential camp could not be occupied due to the lack of constant water supply. CP1 was tasked to look for possible location where a borehole could be drilled to provide a water supply to the camp site. A geological study was conducted to identify a site with the potential to supply underground water within the Project’s existing land but was in vain. Rather a site outside the camp was identified as having the potential to supply water and communication between CP1 Contractor and NELSAP was made. The identified piece of land, used for growing crops, was found to belong to a business man and arrangements were made to acquire it fully. The Project acquired land for drilling the borehole and an access road for installation and regular maintenance of the water pumps. The valuation of land and assets was undertaken in February 2020 by the Authorized Government Valuer. The report was approved on 27th March 2020 and issued to NELSAP on 24th April 2020. The valuer based his assessment on the market value of land determined by previous land valuations and the crop compensation schedule of 2015. The value of land used was determined using comparative market price in 2015 and used to other valuation of affected land in 2018 and 2019 of which to date no changes have occurred to price of land and crops. 1.1 Introduction: This is an addendum to the project’s Resettlement Action Plan (RAP) for Regional Rusumo Falls Hydro Power Project, as noted above, the addendum covers the extra land acquired for borehole to provide water to permanent residential camp and its access road located at Kahaza, Rusumo Village, Ngara District. RAP Addendum; Extra land -Drilling of Borehole for Provision of water to the Permanent Residential 5|Page 2. Description of the Site and Land Requirements 2.1. Location of the Site The site is located in Tanzania opposite the CP1 camp site, near the International road to Rusumo Border. The required land is not within the 30M road reserve. The total surface area of the extra land is 1,105m2. The land is a portion of the land that the PAP owned at that location; on part of the same plot which faces the international road the PAP has constructed a hotel and guest house. The PAP also owns other plots of land at alternative locations. The size of the plot acquired takes into account the requirement for an access road (480m2) and land required for the borehole (625m2). The area will take care of safety and environmental protection of borehole from any water pollution and vandalism. This was the recommendation of the Lake Victoria Basin Water Office who visited the area during an inspection for issuing the water permit. The GPS coordinates of this area are presented in the Table 1 below. Table 1: GPS coordinates of the affected area. GPS COORDINATES LIST Points Eastings Northings P1 256376 9734045 P2 256400 9734050 P3 256453 9734064 P4 25645 9734059 P5 256402 9734044 P6 256389 9734042 P7 256378 9734040 P8 256384 9734015 P9 256395 9734017 P10 256408 9734021 RAP Addendum; Extra land -Drilling of Borehole for Provision of water to the Permanent Residential 6|Page Table 2- Summary of extra land acquired, number of property owner and compensation values Detail of land and crops attached in the annexes - valuation reports S/No Extra land acquired Land Size – As Number of property Compensation value Valuation Report attached as annex per valuation owner of affected report properties – Tshs Square Meters 5th extra land Extra Land on xxxxxxxxx 1 xxxxxxxxxxxx Annex I acquisition Tanzania Side- land Summary parcel and its access i. Land value xxxxxxxx road for drilling of Valuation Report ii. Crop value xxxxxxxx borehole for dated April 2020 provision of water to iii. Total Allowances xxxxxxx the Permanent residential camp. TOTAL EXTRA COMPENSATION AND NUMBER OF AFFECTED 1 xxxxxxxxx PEOPLE AND GROUPS TOTAL AMOUNT NOT YET PAID xxxxxxxxx RAP Addendum; Extra land -Drilling of Borehole for Provision of water to the Permanent Residential 7 |Page 3.0 PAP Identification and Demarcation 3.1 Land Parcel for Drilling of Borehole for Provision of water to the Permanent Residential Camp. Due to lack of water at Rusumo, the Project determined that it needed to acquire additional land to enable the residents of the permanent camp to have access to clean and reliable water. One (1) PAP in December 2019 was identified as the owner of a piece of land that was identified as a potential site which has underground water. Consultations between the OE, CP1, and NELSAP were done on acquisition of the piece of land prior to proceeding with the drilling process. NELSAP through the Village Authorities identified the owner and consultations were made with the owner. The major uses of this land were for subsistence farming purposes.  Loss of crops including bananas, mango, avocado, cassava and mirunda trees for subsistence; and  Loss of land owned by the PAP totaling to 1,105 square meters. The acquisition of the land resulted in some trees and crops being cut down that were on the land where the borehole is located. In order to minimize the loss of food crops and fruits, since a big part of the land is for environmental protection, the land owner will be allowed to harvest crops and fruits that were not cut when they are ready. The table below outlines the affected assets for the PAP. Allowances (disturbance) required to achieve replacement value are not presented in the table. The percentage value of the crop is determined based on the age, condition and or productivity. Table 4: Summary of Affected Assets for each PAP (House owners) and Cooperatives S/No. NAME AND REFERENCE Affected PROPERTY QUANTITY/AREA Percentage NUMBER Assets & Crops DESCRIPTION Value VAL/RRFHP/KHZ/NGR/01 Loss of land and Land and crops crops Acres Square Meters Land xxxxxx xxxxxxx Crops Number Banana Mango Cassava (0.169 acres) Avocado Avocado Mirumba RAP Addendum; Extra land -Drilling of Borehole for Provision of water to the Permanent Residential 8|Page 4.0 Valuation Process for the Extra Lands The valuation exercise was conducted by an Authorized Tanzanian Government Valuer who conducted and led the valuation exercise in partnership with the district officer in charge of lands (Ngara district) and Rusumo Village Governance in the presence of NELSAP/PIU. The land valuation was approved by the land valuer and District Commissioner on 27th March 2020 in line with The Valuation and Valuers (General) Regulations 2018. 4.1 Valuation Methods The valuation of affected assets was done by an Authorized Government Valuer in accordance with the laws of the Republic of Tanzania governing land acquisition processes in public interest. This was also done in consideration of the WB OP 4.12 on Involuntary Resettlement and the approved 2013 RAP for the Project. There has been no change in the compensation rates for land and assets since the initial RAP1, compensation for crops was based on the 2015 crop compensation schedule2. Additional allowances were also paid in line with Tanzania law as outlined in the overall RAP for the Project. 4.1.1 Land Valuation Land value was assessed using the Land Act No.4 of 1999, Land Act No.4 of 1999 sec 3(1)(a), (f) and (g) value for land. Land values have been arrived at based on the market value of land within the area and with regards to the previous valuations carried out for compensation as outlined in the table below. Hence the adopted land value is for residential land located behind the commercial properties near tarmac road of Tshs. 10,000 per meter square, which was determined using the comparative market value. There have not been any changes in the value of land between the initial compensation and this compensation payment. Table 5 Indicative Unit Price of Land According to its Location and Use No Location land Unit price Tshs. USD Equivalent 1 Commercial land located on tarmac road 15,000 Tshs/sq m 9 USD/Sqm 2 Residential land located behind the commercial 10,000 Tshs /sq m 6 USD/Sqm properties near tarmac road 3 Agriculture land located away over 100m off tarmac 5,000 Tshs /sq m 3 USD/Sqm road & near the marshlands Source: Field Survey April 2014 1 Additional land for the administrative building was acquired by the Project in December 2017. At this time a review of the 2014 values was undertaken and were determined to be valid. The valuation for this RAP was undertaken within 2 years of the verification exercise and were therefore determined by the registered valuer to be valid. The same valuation report states that the 2015 crop compensation schedule provides for full replacement value. 2 The crop compensation schedule is developed by the Ministry of Agriculture, Livestock and Fisheries in cooperation with the Chief Government Valuer. RAP Addendum; Extra land -Water Supply to Permanent Residential Camp–Tanzania side 9|Page 4.1.3 Valuation for Crops The valuer evidenced various crops especially perennial and seasonal crops by carrying out inspection and counting number of crops per household per stem or cluster as directed by the Valuation Act No.7 of 2016 read with crop compensation schedule for the Lake Zone commencing on 2015. Annual and perennials crops were assessed in compliance with the government compensation schedule of 2015 based on replacement cost of each crop, which is the most recent schedule and has therefore been used for this valuation. Compensation rates were calculated in compliance with the full replacement value principle for permanent crops. The rates were adjusted according to age, condition and productivity:  Seedlings 15%;  Aged crop 25%;  Average crop productivity 50%; and  Optimum proclivity 100%. There have not been any prices changes for crops between the initial compensation and during the acquisition of extra lands for the project. 4.2 Eligibility Criteria and Entitlement Matrix According to the main RAP all people and entities who suffer losses and incur negative impacts due to the acquisition of land for project and other project infrastructure will be considered to be eligible for resettlement entitlements, provided that they own, occupy or use the affected land prior to a cutoff date. In this case the cutoff date was the day the Project entered into an agreement with the owner (14th Dec. 2019), who consented for the use of the land prior to payment of compensation. The PAP will be eligible for compensation regardless of providing an early consent. The types of loss identified as eligible for compensation in this RAP addenda are:  Loss of crops; and  Loss of land. 4.2.1 Entitlement Matrix The Entitlement Matrix detailed in the original RAP was used to guide determination of entitlements. 5.0 Public Consultation Public consultation was done following the identification of the required lands and owners through community leaders. Consultations were done with the owner through a brief meeting held between NELSAP, OE, and the Village Authorities. The PAP consented for the land to be used as the Project is handling the compensation procedures. RAP Addendum; Extra land -Water Supply to Permanent Residential Camp–Tanzania side 10 | P a g e Before the affected assets were assessed, the owner was contacted and his assets were assessed. There has also been ongoing engagement with the community since 2018 as part of wider project engagement. Prior to the payment of compensation, the PAP will be met with to inform him of the payment as well as signing of the compensation agreement forms between the Project and the PAP. 6.0 Livelihood Restoration Program The following livelihoods were impacted:  Farming – Subsistence farming An assessment of loss of livelihood of the PAP will not be undertaken in this case as the PAP has relocated to another location. Livelihood restoration Program requires the participating PAP to be living at Rusumo Village for easy monitoring of inputs and activities. The income (cash or subsistence) derived from the land that has been acquired does not constitute to his main source of income or a significant portion of his secondary source of income. The main source of income is from running a bar and restaurant-adjacent to the acquired piece of land Land remaining from the same piece of land, where built his bar is xxxx, also he owns in other location piece of land of xxxxxm2 in size, where he used for agriculture activities. What the project has acquired is only 11.39 % of the total land that is owned by the PAP. The Project confirmed that the land was not allocated to vulnerable member of the Household. 7.0 Implementation, Monitoring and GRM The valuation exercise was monitored by the NELSAP/PIU’s Social team. The PAP was reminded about the availability of the GRM in case of any complaint concerning the valuation process. The PAP was informed to use the existing GRM to submit his complaints to the Project Liaison Officer whose office is located in Rusumo Village. The valuation was completed within a period of two days with no reported grievances. According the Project Appraisal Document of 2013, RAP implementation monitoring will be included in the project completion report and is also being monitored through follow up by the project and Standard of Living Reports being written periodically by an independent consultant. RAP Addendum; Extra land -Water Supply to Permanent Residential Camp–Tanzania side 11 | P a g e