RP1003 rev Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Station ­ Substation 500 V Sogdiana Action plan concerning land condemnation DRAFT REPUBLIC OF UZBEKISTAN PROJECT OF HIGH-VOLTAGE TRANSMISSION LINE 500 kV TALIMARJAN THERMAL POWER PLAN ­ SUBSTATION 500 V SOGDIANA With Open Switchgear 500 V on Talimarjan Thermal Power Plant RESETTLEMENT ACTION PLAN September 2010 PMU ­ Talimarjan Thermal Power Plant Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Table of Contents Page 1 Project Description 7 2 Project Impacts 10 3 Objectives of Resettlement Action Plan 13 4 Social Conditions Relating to 114 Affected Farms 13 5 Legal Framework 23 6 Institutional Responsibilities for Implementing Resettlement Measures 28 7 Gaps between National Legislation and Bank Policy on Resettlement and Mechanisms to 29 Eliminate Any Discrepancies 8 Legal Actions Required for Implementation of Effective Resettlement Activities 30 9 Eligibility Criteria for Defining Categories of Affected Parties 31 10 Valuation of and Compensation for Losses 32 11 Entitlements and Compensation 37 12 Land Acquisition Process 41 13 Environmental Protection Measures 41 14 Community Participation and Consultation 41 15 Grievance and Redress Mechanisms 42 16 Implementation Schedule 42 17 Expenditures and Budget 44 18 Monitoring and Evaluation 46 4 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation List of Tables Table 1. Total Land Acquisition Requirements 11 Table 2. Farm Enterprises Losing Land Due to Construction of 500kV 14 HVL Talimarjan TPP ­ S/S in Kashkadarya and Samarkand Oblasts Table 3. Method calculating cost of compensation of permanent crops (fruit 33 trees and vinery) Table 4. Average annual cropping capacity in the project area 2007-2009 34 Table 5. Method for calculating cost of compensation for losses of annual 34 crops Table 6. Matrix of Entitlements and Compensation 35 Table 7. Calculation of compensation cost of land amortization for 114 37 farming enterprises, occupied by annual crops Table 8. Project Implementation Schedule 39 Table 9. Resettlement Action Plan Implementation Schedule 40 Table 10. General calculation of express for compensation (USD000) 41 Table 11. Internal Monitoring and Evaluation 44 Glossary mahallya Territorial community, body of citizen self-governance Optimization (private Process of private farms enlargement started upon Presidents documents farms) in October 2008: Decree "About measures on cropping area optimization and food crops production increase" and Instruction "About establishing special committee for development of proposals on private farms optimization". The main goal of these documents is providing private farms vendibility and water supply improvement due to small farms (less than 10ha) enlargement to more stable (up to 50 ha) Rural citizen Self-governance body in rural locality. It can include several mahallyas gathering Project area Administrative districts of Samarkand and Kashkadarya region Hokimiat State governance bodies (city executive boards) 5 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation ACRONYMS AND ABBREVIATIONS GIS Geographic information system PDFA Associations of private and dehkan farms WB World Bank PIU-WI Project Implementation Unit (high-voltage line 500 kV construction) M&E Monitoring and evaluation WB OP World Bank Operating Police RAP Resettlement Action Plan UNDP UN Development Program PIU Project Implementation Unit PRW Rural citizens gathering ToR Terms of reference TA Technical Assistance FS Feasibility study O&M Operation and maintenance 6 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 1. Project Description Project Objective 1. The main objective of the proposed project is to improve the reliability of the electricity supply in the South-Western region of Uzbekistan. The project encompasses construction of a new 500 kV substation close to the Talimarjan thermal power plant (TPP) and a new 500kV power transmission line having a length of 218 km, and other investments to improve the efficiency, coverage, and reliability of the electricity system in the region. The new transmission line will start at the Talimarjan TPP, proceed in a south-easterly direction, and then pass through the territory of Kashkadarya (131 km) and Samarkand (87 km) Oblasts. 2. The proposed project will help to strengthen the transmission interconnection with the South-Western region with the existing Talimarjan power plant, as well as augment the capacity of the power generation plant. The population in South-Western Uzbekistan will be the main beneficiaries of the project which will offer numerous benefits in terms of improved system reliability and increased export/transit capacity. The project also will support industrial and commercial development in the region, and may lead to the creation of new jobs. In addition, it is envisaged that implementation of the proposed project will: allow an increase in power system sustainability, provide power savings for new consumers of the south-west region of the Republic, and reliability of the power supply to industrial and civil facilities. Main Components 3. The project has two main components: Component 1: Transmission System Strengthening. This component involves: (a) construction of a new 500 kV substation at Talimarjan Thermal Power Plant (TPP); (b) construction of a 218 km 500 kV single circuit transmission line from Talimarjan TPP to Sogdiana substation; (c) OSG extension at Sogdiana substation; and (d) connection of the existing Karakul-Guzar line (500kV) to the Open Switchgear of Talimarjan TPP. This component will require acquisition of land from farms in both Kashkadarya and Samarkand Oblasts (see para. 9). Component 2: Institutional Strengthening. This component will be designed to build capacity within Uzbekenergo to promote the long-term sustainability of the power transmission system. Strengthening of the project management and financial management capacities will be the first priority. Legislation related to the tariff system will be reviewed to improve the efficiency of the transmission pricing. Additional technical assistance will be included based on the needs identified by the assessment of the capacity development needs of Uzbekenergo. 4. The project will be implemented in two stages: Stage 1. Construction of the Talimarjan TPP open switchgear (OSG) 500 kV with coupling autotransformer () 500/220 kV and insert of power transmission line 500 kV Karakul - Guzar on Talimarjan TPP open switchgear 500 kV; and a fiber-optic communication link arrangement on an existing transmission line 500 kV, 220 kV, 110kV, and 35 kV. 7 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Stage 2. Construction of a power transmission line 500 kV Sogdiana - Talimarjan TPP and extension of existing open switchgear 500 kV on Sogdiana substation; and fiber-optic communication link arrangement on an existing transmission line 500 kV in Kokdala substation. Description of Project Area 5. The project area covers the site of the construction of the TTP substation, and the area encompassing the general route of the power transmission line (500 kV) from Sogdiana to the Talimarjan TPP which covers 218 km and 39 nodes. Administratively, the route crosses the Samarkand (87 km) and Kashkadarya (131 km) Oblasts in the Republic of Uzbekistan. The relief is mostly level for the first 36 km from the Sogdiana substation with 14 turning angles, where the route follows along the northern slope of the Zerafshan ridge at an altitude of 926 ­ 1180 m, and the north-west and northern offspurs of Karatepa mountain at an altitude of 827-1105 m with large depression slopes crossing the transmission line (500 kV) Sogdiana - Guzar, Karatepa water reservoir (600-620 m) wide, two deep gorges, and the transmission line (220kV) Samarkand - Suvli. From Angle 14 to Angle 21, the route goes along a pre-mountainous plane with small galleys starting from the northern slopes of Karatepa Mountain. After Angle 21, the route goes through a hillside to Angle 31 crossing between Angle 21-22 in densely populated Djam Creek valley where there is a village 7-8 km long with sparsely located houses. Between Angle 23 and Angle 24, there is a boundary road, and many small collectors coming to Angle 33 before the Karshi-Kitab railway. Upon crossing the railway, the route passes agricultural land having many engineering structures, including the Karshi-Termez railway and Karshi main canal, and by Angles 38 and 39 to reach the Talimarjan TPP OSG 500 kV. Land acquisition for the towers will be needed throughout the entire route of the transmission line. Transmission Line Route 6. The following describes the transmission line route that begins at the Sogdiana substation at Talimarjan: Starting from the Sogdiana substation open switchgear 500 kV, the route goes in a western direction along the northern slope of Zerafshan ridge, turning by angles No.2, No.3, No.4, and No.5 and turning at the boundaries of Baikishlak, Khodjakuduk and Zinap villages at a distance of 200 m from any houses. The length of this section is 8.8 km and coincides with 4 hectares of uncultivated forest land. The route then goes to angle No.5 turns to the north-west and up to the passage through the Karatepa water reservoir, which crosses irrigated land for 2.2 km. Passage through the Karatepa water reservoir because there is the Karatepa village; the route from Angle No.7 goes in a northern direction along the eastern offspurs of Karatepa Mountains on uncultivated land. Three hundred fifty (350) meters after Angle No.7, the route crosses the boundary of Samarkand district. The total route length in Urgut district is19.5 km; out of which 2.2 km is irrigated land. From Angle No.7 to Angle No.14 route passes Samarkand district along north-west and northern offspurs of Karatepa Mountains crossing small creeks, the largest are Ilonsai, Agalyksai, Mirankulsai. Along large gullies villages are located, which cause turnout at distance of 0,5-1,0 km with minimum distance of 100 m by both sides of route. Land here is 8 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation uncultivated, vegetation is poor; land is used as pasture in spring time. The total route length within Samarkand district is 17.0 km. From Angle No.14 route goes along pre-mountain plane with small gullies starting from northern slope of Karatepa mountains. By Angles No.15, 16 and 17 route turns residence houses of Tavanul, Ekrikul and Sazagan villages at distance of 0,5 km from the nearest houses. Land is uncultivated, used as pasture in spring time. From Angle No.17 to Angle No.18, the route turns to the south, crosses the road to Samarkand-Karshi, two cable communication lines, the transmission line 220kV Samarkand ­ Suvli, then from Angle No.18 route goes in western direction between Mehnatkash and Kyzyl-Ravan villages at distance of 400 m from end houses. From Angle No.19 to Angle No.20, the route turns right and again crosses the road Samarkand-Karshi and then turns to south-west and passes uncultivated land with poor vegetation making turnout at distance of 1,5 - 2,0 km Sarykul, Andkirli, Ibragim-ata villages and crossing road and line 10 kV. By Angles No.21 - 22 route crosses narrow and densely populated Djam creek valley with village of the same name, which is located along creek for 7-8 km. Houses are located in a chaotic order; thus, it is difficult to pass between the houses in order avoid houses demolition. But it worthy to note that marked corridor for line passage can be built on to the time of construction. That is why Customer shall inform residents through hokimiat of Nurabad district about impossibility of houses construction in marked corridor. From Angle No.22 to the boundary with Kashkadarya region (Angle No.23), the route goes in a south-western direction on uncultivated land. Relief is smooth (adyrs). Passage along route is possible only with transport with off-road capability. The total route length within Nurabad district is 60,5 km, from which near 1km is occupied by irrigated land, and the rest of the land is uncultivated. Thus, within Samarkand region, route length is 87,0km: on irrigated land ­ 4 km, on uncultivated land - 83,0 km. The next route section passes plane on the right bank of Kashkadarya river, between Kattakishlak and Annaruz villages (3 km) crossing line 35kV, road to Kokdala village, two lines 10kV and road between Kattakishlak and Annaruz villages and aqueduct. Land is used for rain-fed crops, mainly wheat. Then route crosses road Chirakchi-rshi, line 110kV rshi-Chirakchi and communication line. Then the route crosses Kashkadaya River between Katta-Kovchin and Dung-Kovchin villages located on the left bank. 8 km along left bank route goes on irrigated land where cotton and cereals are cultivated and 3 km of uncultivated land crossing Karasu River. After crossing the Karasu River, the route turns to the right and goes on pasture land crossing transmission line 35 kV, a main gas pipeline, and line 110 kV, then turns to the left and goes in southern direction 2 km on irrigated lands and 10 km on uncultivated land Agzikent highland and Kichik Djagilma urochishche crossing automobile road Tadjikishlak-Sherali, railway Karshi-Kitab, road Karshi-Guzar, transmission line 220 kV Guzar-Karshi. Then the route turns to the left and along irrigation canal make turnout around residence houses at distance of 0,5 km. On this site route goes 3 km on uncultivated land, 4 km on irrigated land, 3 km on pasture crossing two local communication lines, two transmission lines 10 kV and water pipeline. 9 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation The next section 6.2 km long is pre-mountain plane with uncultivated land used as pasture and crosses water pipeline and transmission line 10 kV. Then 9.5 km route is parallel to existing power transmission line 220 kV Karshi ­Karshi canal pumping station 3 crossing railway Karshi-Termez and road Karshi-Talimarjan, several irrigation canals. Then route turns to the south and comes to cell of Talimarjan TPP OSG 500 kV crossing existing line 500 kV Karakul-Guzar before end pole, Karshi canal, several roads and line 110kV. The end of the route is on irrigated land where cotton is cultivated. 7. As a whole, the route crosses an area with simple relief conditions except for the first 36 km where there are mountains and some exposed hard rocks. The route crosses 2 power transmission lines 500 kV, 3 lines 220 kV, 3 lines 110 kV, lines 35 kV, 8 lines 10 kV, 9 communication lines, 3 water pipelines, 1 gas pipeline, two railways, 19 roads, 1 water reservoir, 2 rivers, 2 canals, 1 main canal, 3 gullies, many small canals and collectors. 2. Project Impacts Elements Involving Land Acquisition and Related Impacts 8. Constructing and putting into operation a new power transmission line (500 kV) will require acquisition of 171.45 ha of land affecting 114 farmers that grow primarily cotton and wheat (tables 1). The project will involve both permanent and temporary land acquisition on these farms. While the construction of the 500kV transmission line will not require demolition of any residences, land acquisition is expected for the foundations and towers along the entire route of the transmission line. All of the affected farms will lose land on both a permanent and temporary basis, with the main losses occurring on a temporary basis due to construction impacts. 9. Permanent Land Acquisition. The construction of the 500kV power transmission line will involve permanent acquisition of irrigated, rain-fed, and pasture land covering: 12.03 hectares for the towers, including 8.32 ha in the Kashkadarya Oblast, and 3,71 ha in Samarkand Oblast. The irrigated land to be acquired includes 6.91 ha or 4.03% of the total area (Kashkadarya region ­ 3.74%, Samarkand region ­ 0.29%); the rain-fed land covers 5.02 or 2.93% (1.08% in the Kashkadarya Oblast, and 1.87% in Samarkand Oblast); and the pasture land to be acquired constitutes 0.1 ha or 0.06% of the total area to be acquired (Kashkadarya region ­ 0.06%). All of the affected farms do not have any residences; the farmers and workers live elsewhere. Most of the affected farms grow cotton and wheat. In Samarkand, there are four farms that grow tobacco. In Kashkadarya, most of the affected farms also grow cotton and wheat, and six farms grow other crops - one farm grows clover, two farms have gardens, one has a pasture, one grows grapes, and one farm has an orchard. 10. Temporary Land Acquisition. Temporary land acquisition is needed for the construction of provisional roads, and for building bases and settlement arrangements. Although project implementation will not require physical resettlement, the construction works will require the use of heavy machinery on private farms which will lead to unavoidable but minimum damage to crops and associated income losses. The land to be acquired on a temporary basis encompasses 159.42 ha, including 96.29 in the Kashkadarya Oblast and 63.13 ha in the Samarkand Oblast. The extent of land to be acquired is including: rain-fed land ­ 75.87 ha or 44,25% (Kashkadarya Oblast ­ 11,7%, Samarkand Oblast ­ 32,5%), irrigated land ­ 82.14 ha or 47.91% (Kashkadarya 10 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Oblast ­ 43.64%, Samarkand Oblast ­ 4.27%). The total amount of pasture land to be acquired on a temporary basis is 1.41 ha or 0.82% of the total (Kashkadarya Oblast - 0.82%). 11. The amount of permanent and temporary land needed to be acquired was calculated on the basis of norms for land acquisition for power transmission lines having a voltage of 0.4-500 kV in accordance with 2.10-08.97 with the distance between poles being 300 ­ 350 m. Permanent acquisition for a pole line 500 kV is 305 m², temporary acquisition for the construction period under stripe width 15m for intermediate support mounting is 2500 m², and temporary land acquisition for the corner dead-end pole is 2000 m2. Thus, for construction of the power transmission line (500 Kv), mostly uncultivated land will be needed. The share of irrigated land share is 1/5 of the area allocated to the project. Land acquired for the project on a temporary basis will be rehabilitated. While it will be necessary to acquire land on a permanent basis from leasehold farms, the amount of land to be acquired would constitute no more than 4 percent of the total holdings (including permanent and temporary losses) of any one leasehold farm. None of the farms are expected to lose more than one percent of its total holdings on a permanent basis. 12. Project implementation also will lead to partial employment increases in Samarkand and Kashkadarya Oblasts during construction and transmission line operation (emergency ­ rehabilitation and maintenance works). Table 1. Total Land Acquisition Requirements Land Acquisition Requirements Land user Area of condemned agricultural lands, ha Alienation Pastures Wheat Cotton Garden land, ha Line 500kV Sogdiana substation ­ Talimarjan TPP (Kashkadarya region) The Republic of in permanent 0.1 1.81 6.19 0.22 Uzbekistan use Kashkadaya region in temporal 1.41 20.06 70.88 3.94 use Line 500kV Sogdiana substation ­ Talimarjan TPP (Samarkand region) The Republic of in permanent - 3.21 - 0.5 Uzbekistan use Samarkand region in temporal - 55.81 - 7.32 use Spreadsheet of land acquisition Total: in permanent 0.1 5.02 6.19 0.72 use in temporal 1.41 75.87 70.88 11.26 use 11 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 13. The Talimarjan TPP OSG 500 kV is located on a separate site on the left bank of the Karshi main canal, in the Nishan district of Kashkadarya Oblast in the Republic of Uzbekistan. The OSG 500 kV site is located opposite the machine hall of Talimarjan TPP on the right bank of the Karshi main canal. For OSG 500 kV, land acquisition of 27 ha irrigated land was required, and the affected farmer was compensated for lost income and provided with an alternative site for his farm enterprise (see para 14). Project Alternatives Considered to Avoid or Minimize Land Acquisition and Resettlement 14. In compliance with OP 4.12, all measures were taken in establishing the route of the transmission lines to avoid impacts on residential areas and/or immovable built assets. Consequently, there will be no displacement of households or businesses due to project-related construction activities. The one exception involved the need to relocate one farming enterprise prior to the start of project preparation. The farmer agreed to vacate a plot of land he rented adjacent to the Talimarjan power station which will be used for the construction of the new power substation, in exchange for another equivalent plot of land that he could farm. The farmer also received 48.400,000 Uzbek sum to cover income losses associated with this transfer. 15. Although the most efficient route for the transmission line would follow to the extent possible a straight line, the project areas natural barriers, engineering communications, mountains, and settlement locations resulted in a route for the 500 kV transmission line having a zigzagging alignment with 39 angles. In the first 8.8 km section, the route turns at angles No.2, No.3, No.4, and No.5 at Baikishlak, Khodjakuduk, and Zinap villages with a distance of 200m from any houses. Any other route would have required demolition of residences and increased the risk of accidents. 16. The alternative routes for watercourse crossings (Kashkadarya River, Karshi main canal, Karatepa water reservoir) along a straight line would have required construction with one-two intermediate supports in a flood land-channel area that would increase accident risks during line operation and negative impacts on ichtyofauna and their habitat, water quality, and sediment quality. By contrast, the more optimal route selected for passing through the Karatepa water reservoir, Kashkadarya River, Karasu River, Karshi main canal, and other canals and collectors has one span over the narrowest sections with angles of deflection. Thus, the selected route Sogdiana substation ­ Talimarjan TPP has advantages from the perspective of social impacts, environmental impacts, and accident risks. 3. Objectives of Resettlement Action Plan and Principles Applied 17. The main objectives of the RAP are to: (a) Ensure construction, rehabilitation, and rehabilitation/repair works required for project implementation are implemented in accordance with the policies and principles outlined in this document; (b) Provide a basis for consultations with relevant stakeholders; (c) Provide farmers with clear knowledge of their entitlements and responsibilities; (d) Provide guidance to affected groups on how to launch any grievances through appropriate channels; and (e) Ensure monitoring of arrangements for compensating project affected parties. 18. In formulating the RAP, the following principles were incorporated: 12 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Project implementation will avoid or minimize land acquisition to the extent possible. Affected persons are entitled to be compensated at full replacement cost (that is, excluding depreciation) for their lost assets, including temporary losses or impacts, regardless of the legal status of the land and land use. Compensation will enable affected persons to restore their pre-project incomes and standard of living following the implementation of the RAP. Affected persons will be consulted with in the course of the preparation and implementation of the RAP. Affected persons will be fully informed of their compensation options. Temporary adverse impacts on land will be minimized through careful implementation of construction/rehabilitation works; additional measures will be taken to inform the farmers well before construction takes place so that damage on standing crops can be minimized. Land-for-land swap is the preferred compensation for lost agricultural land, if it is available, unless the affected person chooses cash compensation for lost income. All costs for transferring the property are waived or borne by the investor, including taxes, fees, documentation and court appeals. Compensation will be provided giving equal consideration to women and men. Lack of a formal lease or land use agreement does not bar affected persons from entitlements or assistance required to achieve the objectives of the policy. Compensation or other assistance will be fully provided before land can be acquired for civil works or demolition. Wherever the laws of the Republic of Uzbekistan are inconsistent with the World Banks policy on involuntary resettlement (OP 4.12), the policy of the World Bank will take precedent. 4. Social Conditions Relating to 114 Affected Farms 19. Based on last data available as of August 2010, 114 farms will be affected by construction of the power transmission line (218 km long) extension of the Sogdiana substation 500 kV, and construction of Talimarjan TPP OSG 500 kV. The heads of these farms have formal leaseholder status, and there are no residences on these plots. As determined by the Institute "Usdaverloiha," there are 24 farms in the Samarkand Oblast and 90 farms in the Kashkadarya Oblast. Among them, 83 will not lose more than 1 percent of their holdings and the remainder will not lose more than 4.14 percent of their land. Among all of the farms losing land, most losses will be temporary as noted in table 2. Nonetheless, the farming enterprises and the amount of land to be acquired from each farm, as presented in table 2, remains subject to change pending acceptance of the final engineering designs. 13 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Table 2. Farm Enterprises Losing Land Due to Construction of 500kV HVL "Talimarjan TPP - S/S Sogdiana" in Kashkadarya and Samarkand Oblasts Alienation Alienation Name, surname of the Which Quantity Name of the farm land, ha land, ha head of farm crop is of the Total area, ha enterprise (temporary ( permanent enterprise grown lots use) use) SAMARKAND OBLAST Urgut district Zuhriddin Muhriddin wheat, 1. Umarov Tolib 1 0,33 0,03 120 Hujaydo Shabbodasi tobacco 2. Abdulla Ismail qurgoni Sattorov Gaybullo Wheat 1 0,66 0,04 100 Mamadiuor Merosi terakzor wheat, 3. Hasanov Yoqub 1 0,33 0,07 80 shirin tobacco wheat, 4. Mingbuloq Adgro strvis Sobirov Naim 1 0,52 0,03 90 tobacco wheat, 5. Mingbuloq Adgro Urgut f/h Suyarov Shomurod 1 2,05 0,14 180 tobacco 6. Umarov Odil UDE Eshqubbatov Hurram Wheat 1 0,49 0,03 80 Zuhriddin Muhriddin 7. Umarov Z Wheat 1 0,35 0,01 95 Hujayduq oltin dalasi Samarkand Markaziy urmon 8. Abdullaev H. Garden 1 4,09 0,23 67 khujaligi Samarqand district Shomahmudov Shomurod 9. Shomurodov Amir wheat, 1 0,36 0,03 70 boglari 10. Rayhimov Bafoqul boglari Rahimov Shuhrat Wheat 1 0,17 0,01 20 Nurabod district 11. Anjirli Guzari f/h Holiqulov K wheat, 1 1,9 0,1 246 14 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 12. Sariqul f/h Sidiqov Sharob Wheat 1 6,5 0,2 127 13. Sariqul Chashmasi Abdualimov K Wheat 1 2,3 0,1 140 14. Anjirli Sadosi Sharipova Wheat 1 2,7 0,1 139,6 15. Bobur f/h Lutfillaev B wheat 1 3,5 0,1 140.7 16. D Ramazonov Toshpulatov S wheat 1 5,68 0,1 135.5 17. Gayrat f/h Tangmatov I wheat 1 3,9 0,1 180,6 18. Sozogon Bekmurodov M wheat 1 8,25 0,47 159.53 19. Mulki Bekmurod Bekmurodov N wheat 1 2,6 0,1 126 20. Uzbekistan Avazov M wheat 1 3,4 0,1 76 21. Ulugbek Hudoynazarov T wheat 1 1,9 0,1 120 22. Isoq bobo Shermatov H Wheat 1 4,07 1,3 130,6 23. Mulki Bohodir Mahmadiyorov U Wheat 1 3,68 0,12 105,6 24. Abbazov M Jumanov B Wheat 1 3,4 0,1 70 Total for Samarkand Oblast 63.13 3.71 KASHKADARYA OBLAST Chiroqchi district Ibn Sino vakcina ilmiy i/ch 25. Vafoqulov Wheat 3 2,04 0,15 3818 birlashmasi 26. Umakay yulduzi Umarov H. Wheat 2 2,97 0,18 151 27. Amir Bozorov T. Cotton, wheat 2 0,52 0,03 181 28. Safar Davkar Botirov H. Wheat 3 1,03 0,06 106 29. Temur Turdiqulov O. Cotton, wheat 2 1,6 0,12 273,4 30. Umir bobo Umirov O. Cotton, wheat 3 2,87 0,12 134,5 31. Nurmuhammad Nuriev A. Cotton, wheat 2 0,22 0,22 71,3 32. Mussa ota Musaev A. Cotton, wheat 3 1,12 0,05 96 33. Muhammad Amin Umarov I. Cotton, wheat 3 0,7 0,06 115,8 34. Eshquvvatboy Eshquvvatov Sh. Wheat 2 0,45 0,02 155 15 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Avlayorov Navruzbek 35. Dillaev B. Cotton, wheat 2 1,41 0,45 170,4 Valiqulov 36. Jura bobo Boyqulov Boyqulov H. Cotton, wheat 2 1,6 0,06 135,7 37. Holmuradov Safar bobo Holmuradov A. Cotton, wheat 2 0,66 0,03 96,3 Karimov Berdimurod 38. Karimov B. Wheat 1 0,81 0,03 150 Jahongirovich 39. Jaloliddin Ahmadhon ugli Hoshimov I. Wheat 1 1,52 0,09 387 Mahmudov Fahriddin 40. Mahmudov F. Wheat 1 0,78 0,07 101,3 Ruzikulovich 41. Rayhon Dust Hudoyberdiev R. Wheat 1 0,87 0,08 100 42. Mashal bobo Turdimurodov E. Wheat 2 1,02 0,06 342 43. Normurod bobo ugli Suhrob Pulatov O. Wheat 1 0,85 0,07 101 Qurbon bobo nabirasi 44. Kurbanov . Wheat 1 4,72 0,7 3579,5 Kamol 45. Nabieva Zumrad Erkinovna Nabiev E. Cotton, wheat 1 1,65 0,09 114 46. Bozor bobo Abraev U. Cotton, wheat 1 1,3 0,07 89,6 47. Hurram Berdiqulovich Holiqulov H. Cotton, wheat 2 1,78 0,08 198,7 48. Kazakov Mamadoli Kazakov . Wheat 1 1,2 0,18 129,3 Qamashi district 49. Poyon bobo-Bekmurod Poyonov Bahodir Wheat 1 1,8 0,12 113,7 Cotton, 50. Davronbek-Shodiyor Mardanov Zakir 2 0,75 0,06 193,2 wheat Cotton, 51. Sherzod-Narzullo Ravshanov Sherzod 2 2,5 0,15 284,58 wheat Cotton, 52. Burhan-Siddin Siddiqov Buri 1 1,13 0,06 136,7 wheat 16 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Guzar district Cotton, 53. Tuhta bobo Bozorov E. 1 1,86 0,12 72,4 wheat Cotton, 54. Sherzod A.S. Safarov A. 2 1,34 0,09 170,8 wheat Cotton, 55. Kucharov Sirojiddin S.Kucharov 2 0,15 0,03 121,6 wheat Cotton, 56. Usmonov Rustam R.Umirov 2 0,75 0,04 153,4 wheat Cotton, 57. Jaloliddin Dovutbek Avazov B. 2 0,9 0,06 292,9 wheat Cotton, 58. Normumin Sharofiddin Boynazarov N. 1 0,6 0,06 141 wheat Cotton, 59. Rahim ota Yarmatov O. 2 1,41 0,09 245,4 wheat Cotton, 60. Komronbek H.Tuhtaev 1 2,25 0,44 192,6 wheat Cotton, 61. Orif Murodov E. 2 0,65 0,06 124,8 wheat Cotton, 62. Olmos H.Ostonov 1 0,53 0,03 72,3 wheat Cotton, 63. Qilich bobo .Kahharov 1 0,57 0,03 145,2 wheat Shoymardon bobo Pulat Cotton, 64. Gayrat Pulatov 3 1,32 0,08 534,9 ugli wheat Cotton, 65. Navruz Mirsalim ugli M.Shapoatov 2 1,04 0,06 96,96 wheat 17 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Cotton, 66. Til Aziz f/e E.ilovov 1 0,53 0,03 45,1 wheat Qarshi district Cotton, 67. Sardor Sh Yangibog Azizov Sh. 2 1,46 0,06 110,4 wheat, clover Cotton, 68. Navruzi Olam Yangibog Azizov Sh. 1 0,97 0,08 128 wheat Yangibog Elmuradov Cotton, 69. Dilmurod bobo 1 0,78 0,05 147,8 Sh. wheat Cotton, 70. Golibjon Namuna Karimov A. 2 1,0 0,08 104,0 wheat Namuna Cotton, 71. Abdurahmonova Guzalya 2 2,57 0,05 370,1 Abdurahmanov wheat Garden, 72. Begna bobo Ipak yoli Safarov A. 1 1,7 0,06 41,5 wheat Cotton, 73. Feruza Yangibog Nomazova 2 1,08 0,09 130,8 wheat Nishon district Cotton, 74. Gafurov Eshmamt f/e Gafurov E. 1 0,17 0,03 161,8 wheat Cotton, 75. Halimov Avaz f/e Hakimov A. 1 0,57 0,04 63 wheat Cotton, 76. Norqulov Eshdavlat Norqulov E. 2 0,42 0,03 89,4 wheat Cotton, 77. Namozov Abduvahid Nomozov A. 1 0,18 0,04 60,6 wheat 78. Abraev Abdurashid Abraev A. Cotton, 1 0,58 0,05 43 18 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation wheat Cotton, 79. Eshmatov Burhan Eshmatov B. 2 0,52 0,04 112,5 wheat Cotton, 80. Hayitova Sayyora Mamatov Panji 1 0,44 0,06 50,6 wheat 81. Jumaev S. Garden 1 0,69 0,04 18 Jumaev Sultan f/e Cotton, 82. Chorshanbieva Hanifa Abraev Ravshan 1 1,26 0,09 75,2 wheat Cotton, 83. Yulduz f/e Eshmamatov B. 1 0,63 0,04 55,73 wheat Toshbadalov 84. Azizbek f/e pasture 1 1,41 0,1 214,8 Azizbek Cotton, 85. Pardaev Hasan Yahshiboev Anvar 1 1,55 0,1 114,7 wheat Cotton, 86. Daliev Uktam Daliev U. 1 0,69 0,04 90,5 wheat Cotton, 87. Hudayorov Hujaqul Hudoyorov H. 1 1,52 0,18 61,4 wheat 88. Rahmonov 9,4 Rahmonov Abdunazar grape 1 0,76 0,03 Abdunazar Cotton, 89. Shomirzaev Nurali Shomirzaev N. 1 0,34 0,01 55,2 wheat Cotton, 90. Nuriston-g Guliev K. 2 0,49 0,03 117,6 wheat Cotton, 91. Husanov Nortoji Husanov N. 1 0,87 0,06 74,1 wheat 92. Eshqobil ota Muzafar Eshqobilov Bahodir Cotton, 1 0,2 0,01 60 19 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation wheat Cotton, 93. Boborahmatova Saodat Ergashev Hushnazar 1 1,72 0,15 59,5 wheat 94. Nuriston-g Guliev K.. grape 1 0,52 0,06 11,14 Cotton, 95. Haydarov Kahramon Haydarov Yu. 2 0,67 0,03 143,3 wheat Cotton, 96. Geldiev Anvar Ergashev Bahodir 1 0,68 0,04 68,4 wheat Cotton, 97. Gulmurodov Pulat Gulmurodov P. 1 0,24 0,03 47,4 wheat Cotton, 98. Normatov Samumurod Razzaqov Ibrat 1 0,84 0,06 70,8 wheat Cotton, 99. Serfayz f/e Norqulov Ortiq 2 1,2 0,1 96 wheat Yoqubov Cotton, 100. Yoqub bobo 1 1,0 0,3 72,8 Abdurahman wheat Cotton, 101. Jabbor ota Qodirov Eshpulat 2 0,8 0,09 350,7 wheat Cotton, 102. Qoraev Z Qoraev Zafar 1 0,6 0,04 59,4 wheat 103. Karimov Abduqayum Karimov A. orchard 1 0,27 0,03 10 Cotton, 104. Halikov Mardonakul Haliqov M. 1 1,47 0,1 111,2 wheat Cotton, 105. Eshqul ota Holiqov Utkir 1 0,84 0,08 113,4 wheat Cotton, 106. Abrahmat f/t Yusupov Soat 1 0,48 0,03 62,1 wheat 20 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Cotton, 107. Hasan ota f/e Tilovov M. 1 0,74 0,08 65,7 wheat Cotton, 108. Nayman ota Mavlonov Ruziboy 2 1,4 0,2 154,9 wheat Cotton, 109. Omonov Botir Omonov Botir 1 0,4 0,03 37 wheat Cotton, 110. Ergashev Bahodir Ergashev B. 1 0,8 0,06 60 wheat Cotton, 111. Egamov N Egamov N. 1 1,1 0,1 82,9 wheat Cotton, 112. Alpomish Hatamov S. 1 1,4 0,16 82 wheat Cotton, 113. Rajabov Javli Rajabov J. 1 1,2 0,12 85,3 wheat Cotton, 114. Aynazarov Asliddin Aynazarov A. 2 1,3 0,26 117,5 wheat Total for Kashkadarya Oblast 96.29 8.32 GRAND TOTAL 159.42 12.03 21 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 5. Legal Framework Scope of State's Right for Land Acquisition and Compensation 20. According to the national Land Code of the Republic of Uzbekistan, all land in the republic is state property and permits for use of land are granted and monitored by the State through the district and oblast administrations. National legislation specifies two types of land transfers: (a) for use, lease, or ownership by legal entities dealing with various trades and services for lifelong inheritable use (with housing), and (b) use or lease by individuals. Because all land ultimately belongs to the State, it cannot be sold without the buildings on that land. In the case of individual land uses, land can be purchased only with the residence located in that land. A similar provision applies to land used by legal entities (owners of trade or service facilities). 21. All land occupied by permanent structures required in the project, specifically, electric power lines, wells, cross regulators and outlets, water measuring structures, collectors, and related protection perimeters (,,sanitary zones) is allocated by the State through the local authorities and will remain the property of the State upon completion of the Project. Legislation envisages compensation for damages to land users in full, including lost income, in the following instances: (i) seizure, purchase, or temporary occupation of land; (ii) limitation of the rights of users; and (iii) deterioration of land quality due to the effects of construction works, and servicing and other activities that lead to decreases in the quantity or quality of agricultural products. In the case of acquisition of agricultural lands, in addition to compensation for damages, the legislation envisages compensation for the loss of agricultural production. The Land Code identifies the following categories of arable land users, who are eligible for compensation for losses and damages in connection with land acquisition: Land owners ­ citizens who were allocated land plots for individual housing construction and/or dehkan farming on the basis of lifetime ownership with right of inheritance. Lessees (leaseholders) ­ farmers, who were allocated land plots for agricultural production purposes, on the basis of a long-term lease. Land users ­ users of land plots occupied by tradesmen and services, which are used as private property. Other land users ­ all other enterprises, organizations and institutions, which are entitled to use of non-agricultural lands. This is the largest category, which includes enterprises and institutions of all types (private and public). Examples are hospitals, schools, private enterprises, and factories. Legislation Regulating Land Use, Estimation of Property Values and Damages, and Payment of Compensation 22. Key legal documents regulating land-related issues relevant to this project are the following: (a) Land Code of the Republic of Uzbekistan (RUz) approved by the Law on Land of RUz of 30.04.1998 and amended on 30.08.2003 and 03.12.2004. The amendments regulate issues related to exemption and allotment of lands for non-agricultural purposes and compensation for agricultural production losses; 22 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation (b) Resolution of the Cabinet of Ministers (RCM) of the RUz No. 248 of 27.05.1992 "On adoption of the Regulations on the procedures related to exemption and allotment of land plots for non-agricultural purposes"; (c) RCM No 246 of 25.05.1992 "On adoption of Regulations on settlement of land disputes in RUz"; (d) RCM No. 282 of 15.06.1992 "On adoption of Regulations on classification and compensation of losses of agricultural and forestry production resulting from occupation of land for purposes not related to agricultural and forestry activities in the RUz", with revisions according to RCMs No. 126 of 11.04.1995, and No. 223, 16.06.1995. 23. The following are the main articles of the Land Code that deal with land acquisition relevant to this project. Article 23. Provision of Land 24. The allocation of a land plot is made through a Decision of the Cabinet of Ministers of the Republic of Uzbekistan, obast (province) hokims, and district hokims in accordance with the procedure established by legislation. According to this article, non-agricultural land or land not usable for agricultural purposes, or agricultural land of non-classified quality shall be sold for purposes of constructing industrial premises, railroads and automobile roads, communication and power lines, and main pipelines as well as for other non-agricultural needs. The provision or sale of land lots for these purposes out of forestry land shall be implemented primarily in areas covered with bushes and plants of low value rather than forestry resources. It shall be prohibited to take possession and use of the provided (sold) land plot until the authorities in charge of land use have established the boundaries of the plot concerned and have issued relevant documents certifying the right of possession or the right of use of the land. The procedure for acquiring land and its use is specified in the legislation. Article 80. Environmental Requirements, Location, Design, Construction and Maintenance of Facilities, Constructions, and Structures 25. Environmental requirements for the location, design, construction, and maintenance of facilities, constructions, and structures shall be regulated by the legislation on natural protection to be carried out during the location, design, construction, and operation of the new and reconstructed facilities, constructions, and structures as well as when introducing new technologies that have negative impacts on land conditions. Assessment of the negative impacts of the facility or new technology introduced on the land, as well as the efficiency of land use, is to be made on the basis of an environmental assessment. It is prohibited to put into operation facilities and implement technologies without taking measures for protecting land from degradation or damage, and receiving a favorable conclusion from the environmental expertise. Installation of facilities affecting land conditions shall be agreed upon with land planning, natural protection, and other authorities in accordance with procedures established by national legislation. Article 86. Compensation for Losses by Tenants, Land Users, Leaseholders and Land Owners 26. Damages incurred by land tenants, land users, land lessees, and land owners shall be subject to compensation in full (including loss of income) in the following instances: Acquisition or temporary occupation of land; 23 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Restriction of rights resulting from installation of protection and sanitary zones around national reserves, sanctuaries, parks,, cultural and historical monuments, ponds, sources of water supply, health resorts, along rivers, canals, discharges, roads, pipelines, communication and power lines; Deterioration of land quality as a result of the effects of construction and operation of water resources, canals, collector drains, and other objects emitting substances harmful for agricultural crops and plants, as well as the effects of other actions by physical and legal persons leading to harvest decrease and deterioration of agricultural produce quality. 27. Compensation of losses shall be implemented by enterprises, establishments, and agencies to which the acquired lands are being allotted, as well as by enterprises, establishments, and agencies whose activity involves limitation of rights of land tenants, land users, land lessees, and land owners, or degradation of surrounding lands, according to the procedure established by the legislation. Article 87. Compensation of Losses of Agricultural and Forestry Produce 28. Losses of agricultural and forestry production caused by the acquisition of agricultural and forestry land, including agricultural land owned and used by physical persons, for purposes not connected with agricultural and forestry activities, causing the limitation of the rights of landowners, land users, and land lessees or the deterioration of land quality as a result of the effects of activities of enterprises, institutions, and organizations shall be subject to compensation, apart from compensation of damages provided for by Article 86 of this Code. 29. Losses of agricultural production and forestry shall be subject to compensation to physical and legal persons: Who are exempted from agricultural and forestry land regulations because their needs are not related to agriculture or forestry; and Whose holdings are surrounded by sanitary and protection zones with restrictions on agricultural and forest use or re-evaluation as less valuable land. 30. Losses of agricultural and forestry production shall not be subject to compensation if: (a) land is acquired for the construction and servicing of individual housing; (b) land is acquired for the construction of schools, boarding-schools, orphanages, preschool and healthcare establishments; and (c) land was allocated for water management purposes and for the construction of irrigation and water related facilities. These conditions, however, do not apply to the proposed investment. Article 88. Utilization of Funds Received as Compensation for Losses of Agricultural Production and Forestry 31. Funds obtained as compensation for losses of agricultural or forestry produce shall be used in accordance with legislation to: Expand territory and carry out rehabilitation of irrigated land; Improve soil fertility; Build and rehabilitate collector and drainage networks, to do land leveling and to increase water availability on irrigated land; 24 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Improve land used for hay and pastures; and Adjust or develop designs and other documentation for planning the use of affected lands in connection with the public acquisition of land. 32. By decision of the Oblast Hokim, the funds specified in the first part of the Article may also be used for implementation of other measures aimed at increasing agricultural production. Funds obtained as compensation for losses of forestry produce shall be considered separately, and used for establishment and recreation of forests, fruit trees, forestation of desert land, shores of reservoirs and rivers, as well as for other measures to improve forest conditions. Procedures for Allocating Land for Non-Agricultural Use 33. The procedures for transferring land plots for non-agricultural and non-forestry purposes is established by the RCM No. 248 of 27.05.1992. As described in more detail below, the process for assigning lands to be used for non-agricultural purposes is accomplished in three steps: (i) step 1: selection of a land plot, (ii) step 2: acquisition of a land plot, and (iii) step 3: land marking of the allocated land, issuance of the State certificate for the right of permanent or temporary land use, and updating of land registration and cadastre documents. Step 1. Selection of Land Plot (a) Uzbekenergo submits an application to Oblast Hokimiyat (Province Governor) for the selection of lands subject to acquisition for construction of facilities in the framework of the Project. (b) The application must specify: (i) the aim and the period for which the land plot is needed; (ii) its location and size; (iii) the justification for acquiring the land; (iv) the planned construction schedule; and (iv) complementary justifications supporting the necessity for land acquisition. These latter must include: (i) extracts from the Loan Agreement between the RUz and World Bank, (ii) resolutions of the Cabinet of Ministers of the RUz; and decisions of UzbekEnergo construction of objects within the territory of the district where the project is located. (c) According to RCM No. 248, the Oblast Hokimiyat considers the submission within five days, and requests the permanent regional land acquisition commission to: (i) define the location of constructions and facilities, and (ii) select a land plot for design of their construction. However, there is no commission working on a permanent basis in Samarkand and Kashkadarya Oblasts, so the oblast hokimiyat has to identify the composition of the commission, and issue instructions for its establishment. The commission needs to representatives of the departments and institutions carrying out the land allocations; representatives of the enterprises and/or organizations being allocated land plots; and those whose lands are subject to acquisition, in this case, the leasehold farmers. (d) The Goskomzemgeodezkadaster (Geocadastre) Department, within the district hokimiyat, is the main administrative agency in charge of the selection of alternative land plots to be allocated for construction of the facilities, primarily non-agricultural lands, land not suitable for agriculture, or agricultural lands of poor quality. When part of the infrastructure to be constructed has to be located on agricultural land, the following criteria shall be considered: (i) preservation of the most valuable, productive irrigated lands, (ii) observance of rules on land management in force in the territory, (iii) compliance with requirements for protection and improvement of the environment; and (iv) consideration of alternative sites for the construction of accessory facilities in such a way to avoid encroachment on crop land. 25 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation (e) At the stage of acquiring land plots, the Geocadastre Department also: (i) assesses the losses of land being incurred for land owners and users, as well as losses of agricultural production; (ii) defines options to restore land for farming, including removal and temporary storage of topsoil; (iii) defines, if applicable, the sanitary and water-protection zones around facilities being constructed and the rules and restrictions to be followed within such perimeters; (iv) elaborates proposals for compensation with an equivalent land area of the same or better quality in other areas in consultation with citizens; and (v) in the case of permanent occupation of irrigated lands, estimates the requirements and cost for the reclamation of replacement lands. (f) Multiple land plots must be initially selected for the location of the planned construction sites and facilities. The boundaries of the planned infrastructure should be reported on plans or maps indicating the perimeters of the total plot area, the crop patterns and if applicable, and the location of needed reclamation infrastructure such as irrigation canals or drainage network. The cartographic documents must be approved by members of the land acquisition commission. (g) The various options of land plots, as well as the relevant compensation plans included in the acquisition agreement, must be approved by the PIU and land users or their representatives. The consultation process involves representatives of departments of state sanitary and epidemiological stations (SES), fire inspectorate, nature protection, and land and water resource management authorities. (h) All documents on the selection of occupied and acquired land must be approved by the district khokimiyat and further submitted to the land acquisition commission for review and selection of the option, and for approval of the report and Land Selection Act. The conclusions of the commissions work are finalized and documented in a Land Allotment Agreement Act. Step 2. Land Acquisition for Construction (a) Upon approval of construction design documents by the competent authorities and allocation of funds for construction, UzbekEnergo submits an application for acquisition of land for permanent and temporary use to the heads of district administration where the project is located. (b) The application has to include the following documents: (i) certificate and approved report on the selection of land; (ii) copy of the construction design documents of the facilities with an implementation plan; (iii) itemized list of construction works with confirmation of availability of funds for indemnification of damages, losses of agricultural production including restoration of lands, removal and storage of topsoil; (iv) a warranty on construction financing; (v) certificates of consultation with the sanitary and epidemiological services, the fire department, and other relevant organizations. (c) Authorization of occupation of land for limited periods of times is provided for the duration of the construction period. After completion of the construction works the agricultural lands temporarily occupied have to be restored to a condition appropriate for agricultural use by UzbekEnergo at its own expense. (d) Simultaneously with the procedure of acquisition of the land, a detailed estimate of the 26 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation potential losses of agricultural production and other potential damages to land owners and land-users has to be conducted. The costs for compensation for loss of land productivity, including removal and storage of topsoil and restoration of the affected lands is borne by UzbekEnergo with the funds specifically set aside for compensation of agricultural production losses. (e) The procedure of assessment and compensation for losses of agricultural production resulting from acquisition of lands for purposes not related to agriculture is defined in the RCM No. 223 of 16 June, 1995. (f) Losses of agricultural production are assessed by an Evaluation Commission, constituted by instruction of the head of district khokim, along with determination of losses incurred by landowners and land-users resulting from acquisition of land for public needs. (g) The basic information, required by the evaluation commission for the assessment of the extent of the losses of agricultural production, is provided by the design institute which developed the land acquisition plan. (h) In case of acquisition and allotment of land for temporary use for purposes not related to agriculture or forestry, losses corresponding to one year agricultural and forestry production are estimated as the average revenue from the harvest earned from the acquired land over the previous three years. (i) The contractor is responsible for returning the land to the landowners and land-users, in appropriate condition for agricultural use. If there is need for extension of the use of the land beyond the specified terms, the contractor must submit a request for extension of the period of utilization of the land to the organization which provided the authorization to use the land. The compensation of losses of agricultural and forestry production will have to be increased accordingly for the corresponding number of years. (j) The findings of the evaluation commission is finalized in a certificate of the right to land use, which has to specify the acquired agricultural lands, the agreed conditions and the total value of the losses of agricultural production and losses of land users. (k) Estimates of the losses of agricultural production are conducted simultaneously with the procedure of land acquisition and attached to the other documents and plans required for land acquisition. All the above documents will be submitted to the regional land acquisition commission for approval. (l) The contractors, which are to occupy the lands, will transfer funds allocated for compensation of the losses of agricultural production within one month after obtaining the financing for construction, and will appropriately register transfer of capital investments to regional hokimiyats in accordance with existing regulations. (m) The procedure for land acquisition is planned and coordinated with the agency entitled to use the exempted land, representatives of district SES, fire department, nature protection, the Geocadastre, and the agriculture and water resources department. (n) When land is being acquired from enterprises, institutions, or organizations under Ministries, State Committees and State Agencies, the procedures have to be coordinated with the respective Ministries as well as State Committees and Agencies. 27 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Step 3. Layout of Land to be Acquired (a) According to Section VI, Para, III of the RCM No. 248, the plan of land acquisition for permanent use, approved in accordance with the existing regulations, should be marked after the compensation to landowners and land-users for losses of agricultural or forestry production has been paid. The pegging of land is implemented in the presence of a representative of the organization for which the land is being acquired, a representative of the farm from which the land is being acquired, as well as representatives of landowners and land-users of adjacent lands. (b) Certificate of land marking with an attached plan should be signed by a representative of the district Geocadastre department, and representatives of landowners and land users. The certificate, along with all annexed documents, should be included with the land acquisition decision. (c) Certificate of the right for land use is delivered in three copies in the agreed form after completion of the pegging. Layouts of the land plot, including the actual measurements of the land surface, are attached to the certificate. (d) All modifications to land ownership and land use of a farm resulting from acquisition, shall be included in the state register on the right of permanent land ownership or state register on the right of permanent land use and, if applicable, in other land cadastre documents. (e) Laws and bylaws of RUz provide for procedures for multi-party consultations and coordination at all stages of land acquisition in order to avoid possible conflicts and violation of land users rights. These procedures envisage participation of all land users and their representatives in decision-making on the selection of the acquired land, on land acquisition, in preparation of land marking plans, etc., and on the extent of losses and damages incurred. Decisions and certificates, not agreed upon or not endorsed by all participants consulted (including users of land plots and users of neighboring plots) shall have no legal effect. (f) If persons, legally entitled to use land plots subject to acquisition, disagree with decisions of organizations and institutions in matters of compensations and other decisions, they may submit prejudicial claims to local authorities (district and regional khokimiyats) (g) Para XVIII of Section VI of the RCM No. 248 covers instances, when parties do not come to agreement during consultations. It specifies: "In the case when landowners and land-users disagree with the decision of local authorities on land acquisition or on conditions of such acquisition, they may appeal against such decision in court". 6. Institutional Framework for Implementation of Involuntary Resettlement Measures 34. The procedures, functions, and powers of organizations responsible for implementation and observation of procedures for land acquisition for purposes other than agriculture and forestry, are established by RCM No. 248 of 27 May, 1992. 35. The regional land acquisition commission, established by a decision of the regional Hokim: (i) determines the location of constructions and facilities foreseen by the Project; (ii) selects land plots for construction; (iii) prepares and approves Certificates of agreement on land acquisition; (iv) approves Certificates of the right to land use of the plot, with 28 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation indications of the area of crop land acquired, agreed conditions and total value of losses of agricultural production. The commission, along with permanent members, shall also include representatives or enterprises and/or organizations, to which the plots are being allocated for construction of facilities (HGME), and organizations (farms) from which the plots are being acquired. 36. The Department of Hydro-Geological Meliorative Expedition (HGME) within the district hokimiyat is the main implementing agency, whose functions include: (i) assessing the losses of land being incurred by landowners and land-users, as well as losses of agricultural production; (ii) defining the extent of and methods for restoring land for farming activity; (iii) defining, if applicable, the sanitary and water-protection zones around buildings to be constructed and the rules and restrictions to be followed within such perimeters; (iv) elaborating proposals for compensation with an equivalent surface of land of the same or better quality in other areas, in consultation with citizens; (v) in case of permanent acquisition of irrigated lands, estimating the requirements and cost for reclaiming replacement lands; (vi) approving the Certificate of landmarking with an attached plan; and (vii) amending the official documents confirming the right to ownership or the right for land use, and other land and cadastre documents as per changes in land use and ownership due to acquisition of land plots. 37. Losses of agricultural production are assessed by an evaluation commission, constituted by instruction of the head of the district hokimiyat, along with the determination of losses incurred by landowners and land-users resulting from acquisition of land for public needs, based on the information, provided by the design institute which has developed the planning for land acquisition. The findings of the evaluation commission are formalized in the form of the Certificate of the right to land use, specifying the area of agricultural lands acquired, the agreed conditions, and the total value of the losses of agricultural production. 38. The Nature Protection Department: (i) carries out the environmental examination of the negative impacts of the facilities being commissioned or technologies being introduced; (ii) approves the location of facilities having negative effects on soil conditions; (iii) develops measures aimed at land preservation during the location, design, construction, and operation of the new and reconstructed facilities, constructions, and structures, as well as introducing new technologies that have negative effects on land condition; and (iv) approves the Certificate of agreement to land acquisition. Finally, the State departments of sanitary and fire supervision, water resources departments approve the Certificate of agreement for land acquisition. 7. Gaps between national legislation and Bank policy on resettlements and mechanisms to eliminate such discrepancies 39. With regard to the specific land acquisition requirements for the proposed project, the analysis of the socioeconomic conditions and land use in the proposed project area, and an analysis of the legal framework governing land acquisition for public purposes indicates that there are no main inconsistencies between the Uzbek legal framework and the World Bank policy regarding the acquisition of land from project-affected leasehold farms. Nonetheless, in the course of project implementation, in the event any unforeseen needs to acquire additional land emerge, and certain categories of land users (for example, those who may be illegally using or occupying land) may be affected, it was agreed that wherever Uzbek Laws and World Bank policies are not in full agreement, the World Bank policies and principles agreed upon in this RAP will be followed, regardless of the source of funding. 29 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 40. With regard to the timing of compensation, there appears to be one remaining gap between national legislation and OP 4.12. It was agreed that the leasehold farmers, whose land will be acquired for the project, must receive the agreed compensation prior to the start of any project-related construction on the affected land. This will apply to all project construction regardless of the source of funding. 8. Legal Actions Required for Implementation of Effective Resettlement Activities 41. For effective implementation of acquisition activities, which in this Project means acquisition of agricultural land, UzbekEnergo will have to undertake the following: Submit an application, with all necessary documents and permissions, to the Oblast Hokimiyat for the selection of a land plot subject to temporary or permanent acquisition (exemption) for construction of facilities in the framework of the Project; Submit design estimates necessary for calculation of damages and losses of agricultural production to the district department of Geocadastre and to the evaluation commission; Obtain, following established procedure, a Certificate of land selection and Certificate of agreement for land acquisition; Upon approval by the competent authorities of the construction plan, submit an application to the Oblast Hokimiyat for temporary or permanent allocation of the land plots for construction works; Transfer funds allocated for compensation of the losses of agricultural production within one month after obtaining the financing for construction, in accordance with the Certificate of agreement for land acquisition; and Obtain, in the established procedure, a Certificate of landmarking from the district Hokimiyat, and a Certificate of the right for land use in the regional Hokimiyat. 42. If the term of the temporary land acquisition for construction works is not met, all of the above procedures will have to be repeated for renewal of the term. Additional damages and losses, incurred by land users owing to such term extension, have to be assessed and compensated. 43. It is important to notice that because of State ownership of lands in RUz, land use is only possible with the permission of local authorities on the basis of a lease or on other terms. Accordingly, land use issues are fully covered by land legislation and are not governed by provisions of customary law, traditional practices, or neighborhood relationships. 9. Eligibility/ Right to Compensation and Assistance 44. The legislation of RUz foresees two types of compensation for temporary or permanent acquisition of lands for non-agricultural purposes: Compensation for damages incurred by land tenants, land users, land lessees, and land owners (Land Code, Art. 86); and Compensation for losses of agricultural and forestry production. However when allocating land for water management purposes, for construction of irrigation and drainage facilities, losses of agricultural and forestry production are not subject to compensation (Land Code, Art. 87) 30 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 45. Therefore, leasehold farmers are eligible for compensation, and their rights for compensation are to be established by the hokims decision to implement construction works on their plots. The amount of compensation is determined by the Certificate of Agreement for land acquisition. The final date for payment of compensation is established by the legislation within one month after funding is made available to the Contractor. In accordance with the World Bank OP 4.12, payment to the leasehold farmer must be made prior to the start of any construction on the affected land. 46. It should be noted that farm consolidation is in progress in the Project area, which may lead to some conflict of laws. For instance, if construction is not completed in time, and the owner of the farm would change within this period, additional compensation may have to be paid to another person, the new farmer. To avoid such conflicts, a cut-off point will be declared and the right for compensation will be provided to the lease holding farmer at the date of issuance of the Certificate of Agreement for land acquisition. 10. Valuation and Compensation for Losses 47. The leasehold farmers affected by the proposed project will be compensated for any reduction in income they will experience due their not being able to cultivate the land to be acquired. The following describes the methods by which compensation for both permanent and temporary losses of land will be calculated. 48. Calculation of compensation for permanent acquisition of land under annual crops. Agricultural producers shall be paid the amount of gross annual income for one year from standing crops on their affected plot. Gross income shall be calculated as current prices of crops, based on average production during the previous three years, and crop area (prices for crops shall be multiplied by crop area) and then multiplied by the average production for the previous three years. Valuation shall be performed separately for each crop, so that an average weighted annual income is obtained. Because farmers know that this area of their leasehold will be lost permanently, they will transfer production to areas they already control that as yet remain uncultivated in the sparsely utilized region. 49. Calculation of compensation for temporary acquisition of lands under annual crops. For the first year, the calculation is performed in the same way as for permanent acquisition (multiplication of current crop price by crop area, and by average production). If temporary acquisition lasts for more than one year, agricultural producers shall receive compensation for the second and any consecutive years equal to annual net income in current prices, received from all standing crops on the plot. Net income is calculated by extracting gross expenditures for crop production from gross annual income. Valuation shall be performed separately for each crop, so that an average weighted annual net income is obtained. 50. The farmers consulted about their entitlements agreed with the above methods for calculating compensation for the permanent loss of leasehold land because the proportion of the area that would be acquired for the tower and foundations is very small, and all of the affected plots have unused areas which they can use instead to grow cotton or wheat to meet their state production quotas and earn the same amount of income that would otherwise be possible using the land to be acquired. The compensation they will receive under such circumstances is viewed as a windfall since it will not reduce the area of the area available to them for production. 31 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 51. Calculation of compensation for permanent seizure of the lands occupied by permanent crops. The agricultural producers are paid the sum of gross profit for one year, gained from all the trees on the site. The gross profit from a tree is calculated as a cost of production in actual prices on the basis of the data on average crop capacity of one tree for the last three years and data on the number of trees. The calculations are taken for every type of trees in order to obtain a weighted average value of the annual profit. In addition, the agricultural producers are to be paid for a loss of profit which could be gained from all the trees throughout the remaining years of the fruit bearing period. The compensation for the loss of profit for one tree is calculated as the net profit for the previous year in actual prices multiplied by the number of years of the remaining productive life of the tree. The period of fruit bearing is calculated as the difference between the maximum age of fruit bearing and the age of the tree at the time of the calculation. Table 3 provides the period of fruit bearing for the various types of fruit trees in the project area. To calculate compensation for permanent acquisition of land occupied under permanent crops, one needs data on every type of tree as follows: number of trees, average crop capacity of one tree for the last three years, actual prices for fruit product, age of trees, and maximum age of fruit bearing. 52. If the farmers-gardeners are offered the lands equal in quality in lieu of the seized ones, then, in addition to the compensation of the profits for one year, they will be given the funds to plant a new garden. The compensation would include the cost for planting saplings (the cost of the saplings themselves, transportation costs and costs for planting), as well as the loss of profit for the period when a tree achieve the age of fruit bearing (table 3 presents the costs for new tree planting and the age of the tree at the start of fruit bearing for the different types of trees). 53. Calculation of compensation for temporary seizure of lands occupied by permanent crops. These costs include the costs for restoring a garden, sapling planting, as well as loss of the profit for the period when the tree achieves the age of fruit bearing. To calculate compensations for a new garden planting in case of granting new land and in case of temporary seizure of the lands, one needs the data for every type of trees: number of trees, cost for planting one tree, net profit from one tree for one year in actual prices, and starting age of fruit bearing. 54. Table 4 presents the average annual cropping capacity in the project areas, and table 5 presents the method of calculating the costs of compensation for the loss of annual crops. The calculation of compensation for temporary and permanent seizure of the lands occupied under annual crops is presented in table 7. 32 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Table 3. Method for calculating compensation for permanent crops (fruit trees and vinery) Productive Average Costs for Costs for Average Average Gross Net Non- Value of 1 tree Value of 1 Total Total life of cost of a planting new growing productio market annual income productive until the end of tree until the compensatio compensation trees(years) 2 -year tree (plant, and n for one price of income from 1 period fruit-bearing beginning of n for for cutting with old plant transportation collecting tree per 3 fruits from 1 tree; (years) (thous. UZS) fruit-bearing permanent provision of (UZS) and planting harvest years (UZS/kg) tree thous. (thous. land replacement costs) (UZS) (UZS [2007- , 2008 (thous. UZS UZS) acquisition plot, or for /year) 2009] UZS) without temporary land (kg) providing acquisition replacement plot 1 2 3 4 5 6 7 8 9 10 11 12 13 (7)-(4) (1)/2*(8) (8)*(9) (7)+(10) (7)+(3)+(11) Seed bearing fruits Apple tree 25 2000 3000 6900 35 900 31,5 24,6 6 307,5 147,6 339.0 182 Stone fruits Apricot 50 2000 3000 400 30 1200 36.0 35,6 5 890,0 178 926,0 217 Subtropical Mulberry , 30 1800 2700 7950 45 800 36,0 28,1 7 420,8 196,35 456,8 235 ' leaves Almonds, dog 30 1500 2250 5200 15 5000 75,0 69,8 4 1047,0 279,2 1122,0 356 rose, Hawthorn Vinery 15 400 600 3500 10 1500 15,0 11,5 3 86.3 34.5 101.3 50 *It is assumed that a tree is in the middle of its fruit bearing period 33 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Table 4. Average annual production in the project area 2007-2009 (Centner/Ha)*. Main crops Urgut district (Samarq. Reg) Samarqand district(Sam. Chirokchy district (Kashkadarya Region) Average of three Reg) regions 2007 2008 2009 In 3 years 2007 2008 2009 In 3 2007 2008 2009 In three years C/Ha C/Ha C/Ha 2007-2009 C/Ha C/Ha C/Ha years C/Ha C/Ha C/Ha 2007-2009, 2006-2008 1 Wheat 53.3 56.4 56.8 55.5 44.9 52.8 55.3 51.0 51.3 53.5 53.2 52.7 53.1 2 Cotton 23.7 23.7 22.8 23.3 23.0 25.9 23.1 24.0 25.5 30.3 23.1 26.3 24.5 3 Vinery 35.6 68 68.2 57.3 33.3 262.2 279.0 191.5 66.0 64.0 82.0 70.7 106.5 References: Regional Statistics Department, 2009. *Note: Centners are equivalent to 100g. Table 5. Method for calculating compensation for losses of annual crops Main crops Average production in Average Annual Net income Permanent land Temporary land project area 2006-2008 market price income from1 ha, acquisition for 1 acquisition for 1 year ­ (c/ha) (UZS/kg), (thous. 2008, year ­loss loss compensation per 1 2008 UZS from 1 (thous.UZS) compensation year as for 1 ha ha) per 1 year for 1 ha 1 2 3 4* 5 6 Cotton 24.5 365 895.5 215.5 895.5 895.5 Wheat 53.1 250 1,326 172.9 1,326 1,326 Note: Exemplary calculations in case, if works affect two agricultural seasons Column 4* equal revenue minus expenses (operating+administration) minus applicable taxes 34 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 11. Entitlements and Compensation 55. Compensation and rights will be guaranteed for persons whose interests are affected during and after project implementation. Tables 6 and 7 present the calculation of the total costs for compensating the 114 leasehold farmers that that will lose land used for growing cotton and wheat. Table 6. Matrix of Entitlements and Compensation Asset Impact Affected persons Compensation/Entitlements Agricultural land Permanent Leasehold farmer · Land as compensation for land with a plot occupied by land loss of equal cost and productivity; or annual crops (cotton, wheat) · Gross income from all crops grown on affected land for 1 year. Gross income shall be calculated as current prices of crops, based on average production during the last three years and crop area (prices for crops shall be multiplied by crop area, and then multiplied by average production for last three years). Valuation shall be performed separately for each crop, so that an average weighted annual income is obtained. The amount of permanent land with annual crops to be acquired on any one farm is very small. Thus the farmers agreed that no further compensation would be needed. Farmers will be informed in January 2011 about the construction schedule so they will not prepare for planting wheat in February or cotton in April. Agricultural land Temporary Leasehold farmer · Gross income from all crops grown on occupied by loss of land affected land for 1 year. Gross income shall annual crops needed for be calculated as current prices of crops, (cotton, wheat, construction based on average production during the last tobacco) activities three years and crop area (prices for crops shall be multiplied by crop area, and then multiplied by average production for last three years). Valuation shall be performed separately for each crop, so that an average weighted annual income is obtained. If construction lasts more than one year, the farmer will be compensated for each year that the land is needed for project construction. · Contractor pays monetary compensation for period of usage in accordance with 35 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation local commercial rental rate. · Land shall be rehabilitated to original state at the end of the lease period. · Measures to protect the environment shall be taken. Agricultural land Limitation of Leasehold farmer · Gross income from all crops grown on occupied by rights on land affected land for 1 year (or longer, annual crops use depending on project needs) (cotton, wheat, tobacco) Fruit trees Permanent loss Leasehold farmer · Payment reflecting income substitution. and garden of trees and Covers the cost of the trees and any garden permanent garden crops according to age and estimated market cost of gross income for one year multiplied by number of years in the remaining productive life of the tree. · Payment to cover cost of purchasing new nursery transplants and basic materials for starting new orchard or garden 36 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 37 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Table 7. Calculation of compensation cost of land acquisition for 114 farming enterprises, occupied by annual crops, for Transmission Line Construction Average Temporary Permanent Annual Net income Compensa Total Total Total Total weighted acquisition, acquisition, income as for 1 Ha,( tion per compensatio compensat compensat compensat structure of Ha Ha (thous 2008, UZS annum, for n for ion for ion for ion for land use for UZS as for thous) 1 ha of temporary permanent temporary permanent annual crops 1 Ha) crops, acquisition acquisition acquisitio acquisitio (except for thous UZS land land for 1 n land n land for trees) compensatio year for all compensat 1 year for n for 1 year farms, ion for 1 all farms, for all farms, thous UZS year for all thous thous UZS farms, USD thous USD 1 2 3 4 5 6 7 8 9 Formula (3) (5)*(1) (5)*2 (5)*(1) (5)*2 Total 146.75 11.21 10038.56 84.51 6.46 Cotton 44.95% 70.88 6.19 895,5 215,5 895,5 63,473.04 5543.15 40.82 3.56 Wheat 47.18% 75.87 5.02 1 326 172,9 1326 100603,62 6656.52 64.70 4.28 1 Total amount of compensation 164076,66 12199.67 105.52 7.85 for all farming, thous. UZS Total amount of compensation 105,52 7.85 for all farming, thous USD (exchange rate. UZS 1555 as of 15.02.10) Note: Indemnification shall be made for 1 year, next year withdrawn lands on permanent basis shall be off the register. 38 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation 12. Land Acquisition Process 56. The acquisition of land will be carried out in accordance with the legislation of the Republic of Uzbekistan (see section 5) and the World Bank Operational Policy 4.12 on Involuntary Resettlement (OP 4.12). The RAP will be introduced by district/oblast authorities mainly with support of the oblast administration, construction contractors, and local authorities. Evaluation and compensation matters will be considered by a special Commission established at the district and oblast levels including representatives of district/oblast region administration and other competent bodies related to agriculture, forestry, roads, land resources management, and registration. The deadline for finalizing the list of persons eligible for receiving compensation will be date of the final contractor design acceptance. Persons occupying plots after that deadline will not have any rights for compensation. 13. Environmental Protection Measures 57. Measures relating to environment protection are developed within the projects Environmental Management Plan. At the stage of land plot selection for construction, Goskomgeodezkadastr will determine the need and scale of land rehabilitation measures, including elimination and temporary storage of a fertile soil layer, and define the need for sanctuaries, sanitary and protective zones establishing around constructed structures and regime of their use. 58. In accordance with requirements of Land Code and environment protection law, the regional department of Goskompripoda will carry out the ecological expertise which will assess the impact of putting into operation facilities and technologies during construction on state lands, and implement measures to ensure their rational use and protection. It is prohibited to operate facilities and implement technologies without ensuring the necessary measures for protecting land from degradation or damage, and a positive environmental assessment. 14. Community Participation and Consultation 59. Participation of project-affected parties was provided at the earliest stages of project preparation, and their opinions are reflected in this document. During the initial assessment of social impacts conducted in September 2009 and February 2010, as well as two rounds of public consultations conducted in July 2010, farmers opinions were discussed regarding the need to use part of their land holdings on a temporary or permanent basis. Further, discussions with farmers whose farms will be affected during construction were carried out with representatives of all state structures responsible for measures on land condemnation. During these discussions, the farmers were asked for their preferences regarding: (a) the acceptability of the decision to acquire land from farmers and what consequences this would have for the private farms; (b) preferred alternatives for compensation; and (c) mechanisms for paying compensation to farmers. 60. During the discussions, most farmers, including those adult family members that worked on the farms, agreed that measures regarding land acquisition for construction are necessary and unavoidable. Those participating in the discussions also expressed understanding that under the acute deficit of agricultural land in the region, allotments of land plot in exchange for the condemned ones would be problematic. Consequently, payment of equitable monetary compensation for losses including lost benefits seems to be an acceptable measure from the perspective of most of the participants in the discussions. 61. Specific forms and sizes of compensation will be agreed with farmers at the stage of final plot selection. Legislative procedures expect participation of all land owners or their representatives in decision making about plot selection, land acquisition, planning, and estimation of losses. Farmers 39 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation will take part in the activities of the evaluation commission and any land plot condemnation cannot be approved without their participation. 62. The draft RAP was made available in 2010 September on the Uzbekenergo website and consultations on the draft RAP were carried out with project affected parties in both Kaskadarya and Samarkand Oblasts on 28 July 2010 and 27 July 2010, respectively. Also, there was publication in the local newspaper (Narodnoe slovo, April 20 2010, 76 (4961)) about the Talimarjan Transmission Project. 15. Grievance and Redress Mechanisms 63. During project preparation, consultations with farmers did not raise concerns regarding the project need for land acquisition. Nonetheless, claims regarding valuation, payments, other forms of compensation or assistance as well as other aspects of project implementation (for example, construction-related impacts) may occur. In this regard, the following mechanisms will be in place to ensure that all claims are considered, and the authorities take measures to resolve them. 64. Initially, affected parties may lodge a claim with the district hokimiyat which will register the claim and take measures to resolve it. At this level, there is a committee that includes representatives of the Cadastre, an agronomist, representative of the tax authority, an aksakal (a respected elder of a mahalla or chairman of the mahalla committee or rural citizens gathering), farmers, and an official from UzbekEnergo. If the affected person does not receive a satisfactory valuation, he may hire an independent appraiser and present the appraisal to this land committee for resolution. By including farmers on the committee, it was envisaged that the risk of claims would be minimized and the opportunity for reaching a compromise among the affected parties would be maximized. After two weeks, however, if the grievance is not resolved, the claim will be referred to the Oblast Hokimiyat. 65. At the level of the Oblast Hokimiyat, the claim is considered by a commission similar to that of the district hokimiyat which includes chairs of the respective oblast authorities as well as representatives of UzbekEnergo. The responsible authority in the Oblast Hokimiyat receives and registers the claim and takes measures to resolve the situation. The claimant also can appeal to the court if the district or Oblast Hokimiyats are not able to resolve the issue. 66. Reports and process of disputes resolution will be tracked by the PMU staff responsible for internal monitoring and evaluation. Any persons not satisfied with his or her claim consideration may contact the PMU directly at any time to request assistance in seeking resolution of the claim. Contact information will be given to local populations at the public consultations. 16. Implementation Schedule 67. The preliminary calendar plan of work, which requires temporary and permanent land acquisition and compensation payment, is presented in table below. The project envisages several Table 8. Project Implementation Schedule Works 2011 2012 2013 4 year 5 year 6 year Construction of 73 km 73 km 73 km PTL 500kV Indemnification During the During the During the to farmers Project Project Project 40 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation kinds of work, which will be carried out by stages in different administrative districts. Thus it is necessary to take into account that the main procedures for compensating the affected parties which will be decided on at the district level. Thus, the detailed plan for implementing the RAP should be worked out separately for each stage of work in each district, taking into account the project financing schedule. The schedule for implementing the RAP in one district alone is presented in table below. 68. As indicated below, the process of project agreement regarding land acquisition with all concerned parties is labor-intensive and time-consuming. Even without any disputes and conflicts, the time needed for documents to be prepared, reviewed, and approved (if national norms for document consideration are followed) prior to construction can take nearly 12 months. Although some of this time will be reduced because some of these steps have already been completed (see steps marked with an asterisk), the most optimistic scenario cannot be expected to be achieved in less than 8-10 months. Table 9. Resettlement Action Plan Implementation Schedule of land acquisition procedures Month(s) *Appointment of specialist responsible for detail plan Feb 2010 of condemnation development. Gathering documents and maps for land plots selection for construction *Application submission to regional hokimiat about Sept 2009 land plot selection *Formation of regional commission on land Nov 2009 condemnation and district evaluation commission. *Agreement of land plot selection. Nov 2009 *Informing concerned organizations about Feb 2010 construction plans (frontiersmen, railway, domestic facilities etc.). Coordination and approval of construction plans. *Agreement of list of persons having right for Aug 2010 compensation and types of compensation. *Informing land users about future land Aug 2010 condemnation, granting maps, documentation and full information about plans, terms of beginning of work and its duration, land condemnation procedures, compensation, claims mechanism, legal assistance and court action satisfaction if necessary. *Informing households through mahallya councils Aug 2010 about future construction and planned losses to sowings and trees along power transmission line. granting documentation and full information about plans, terms of beginning of work and its duration, land condemnation procedures, compensation, claims mechanism, legal assistance and court action satisfaction if necessary. *Inventory of affected people, whose land and Aug 2010 property are subject to condemnation. Collection of documents confirming right on property and its actual disposal. Preparation of compensation calculations. Agreement of compensation type and size with state bodies and land users having right for compensation. 41 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation *Preparation of Act of land plot selection in district Nov 2009 hokimiat. Preparation of Act of land plot acquisition in district During the project hokimiat. Collection documents for land acquisition for During the project construction. Application submission for land acquisition. Agreement of land acquisition for construction. Feb 2010 Preparation of Act of land acquisition. Feb 2010 Financing opening. After approving the Project with the WB Directors Board Compensation payments. After approving the Project with the WB Directors Board Preparation and agreement of Plan of land acquisition. Feb 2010 Preparation of Act of project shift to field in district Feb 2010 hokimiat. Preparation of Act on right for land plot use. Feb 2010 Amendments insertion land-cadastre documents. During the project implementation Internal monitoring. During the project implementation Closure audit During the project implementation 17. Expenditures and Budget 69. Compensation to the leasehold farmers for the loss of agricultural income will be made by means of a bank transfer. Expenditures for land plot rehabilitation in the area of earth excavation will be included in the construction cost. All calculations are based on data about main agricultural crops and market prices in the project area. 70. Construction of various objects will be performed during more than 3 years and thus crop market prices as well as crop patterns can change over time. Consequently, expenditures for compensation will be corrected annually based on actual data concerning land distribution and crop yield in affected farms for two years before construction beginning. It is assumed that on each farm where construction work will be done, temporary and permanent land acquisition will be carried out during not more than one growing season. That is why indemnification for annual crops in size of gross income is calculated for 1 year. The terms of temporary and permanent land condemnation will be specified only after the finalization of the design documentation. For preliminary calculations, the average annual income from one hectare on each crop was defined weighted on crop pattern base. In case of construction works delay for nest growing season, additional compensation of lost benefit will be required (table 10). As shown, compensation costs are not limited to expenses for compensation for agricultural producers. It includes expenses for land acquisition administration and monitoring as well as for contingencies. The costs also include a target reserve fund (15%) to indemnify losses which cannot be calculated prior to the finalization of the detailed engineering designs. 42 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Table 10. General Calculation of Expenses for Compensation (USD$000) Total 1 year 2 year 3 year Compensation for temporary and permanent land acquisition under 47.2 25 22.2 annual crops w i t h out co nst r uct i o n d el a ys OPTIONS 23 12 11 w i t h c onst r uct i on del a y s 24.2 13 11.2 Compensation for land acquisition under annual crops 24.21 14.21 5 5 Compensation of lost income 23.0 13 5 5 Compensation for land users right 1.21 1.01 0.10 0.10 restriction Cost of compensation for permanent 41.84 25.92 15.92 crops Costs for growing new tree 11.02 5.51 5.51 Costs for tree surgery and harvest 30.82 20.41 10.41 Expenses for monitoring and 80 40 20 20 management Internal monitoring and management 30 15 10 5 External closure audit 50 25 15 10 Minimum 611.2 331.2 238 42 Maximum 960.8 506.9 411.9 42 Total 1 year 2 year 3 year Target Reserve Fund (15%) Minimum 91.7 49.7 35.7 6.3 Maximum 144.1 76 61.8 6.3 Contingencies (5%) 43 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Minimum 30.6 16.6 11.9 2.1 Maximum 48 25.3 20.6 2.1 TOTAL Minimum 733.5 397.6 285.6 50.4 Maximum 1152.9 608.1 494.4 50.4 18. Monitoring and Evaluation Internal Monitoring 71. UzbekEnergo will appoint a specialist on land acquisition internal monitoring who will develop detailed plans and indicators for monitoring the implementation of the RAP to ensure that all affected farms have been compensated as planned. The specialist will submit quarterly information about work progress for inclusion into the PIUs management information system and project monitoring reports. Expenses for internal monitoring should be included in the budget for land acquisition. General system of monitoring indicators is presented in table below. 44 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Table 11. Internal Monitoring Goal Actions Monitoring Indicators Identification of Verification of recipients list with criteria Number of persons in list of recipients compensation given for compensation. Verification is not meeting criteria (mistaken recipients made on each type of compensation inclusion) separately Identification of persons having right for Number of persons having right for compensation but not included in list of compensation but not included in list of recipients. A separate check on each type of recipients (mistaken exclusion) compensation is made. Control over Confirmation of temporarily or permanently Area of land subject to temporary types of affected areas acquisition for which compensation compensation has been paid Area of land subjected to permanent acquisition for which compensation has been paid Control over Verification of financial documents Number of people receiving compensation compensation in set terms and in full payment amount, disaggregated by compensation types Identification and analysis of reasons, on base Number of people not receiving of which compensation is not paid on time compensation in time and in full and in the full amount amount, by type of compensation Number of people receiving compensation in time and in full amount, by type of compensation Identification and analysis of reasons for Funds allocated for compensation which funds for compensation were not payment as percent of total envisaged allocated in set terms and in full volume by RAP Additional Monitoring of time limits of temporary Number of persons on whose plots compensation in case land acquisition terms of temporal land condemnation construction works should be extended are delayed (i.e, affected farms would receive compensation for the second agricultural season) Area where work will be continued after established deadline Handling of grievances Analysis of disputes and claims and conflict Number of claims and disputes resolution Number of satisfied claims Level of satisfaction with compensation types and size 45 Project Construction of High-voltage transmission line 500 kV Talimarjan Thermal Power Plant ­ Substation 500 V Sogdiana Action plan concerning land condemnation Closure Audit 72. In accordance with the requirements of the World Bank, the customer will assign a specialist to carry out an external audit of the RAP implementation and prepare a closure report. The audit will require the PIU to hire a third party (for example, external consulting firm) to ensure that all compensation and any other entitlements were made as planned, that all recipients were satisfied, and that there are no unresolved grievances resulting from the implementation of the RAP, project construction, or other issues. The audit will be carried out when all compensation and other related issues are completed. The external specialist will develop a detailed monitoring plan and monitoring indicators, covering the entire project area. The closure report would cover compliance with the RAP with regard to temporary and permanent acquisition of land and an examination of the handling of grievances by persons whose farms may have been harmed as a consequence of the project-related construction. 46