Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2004-28)
The basic policy is to promote, encourage, and develop tourism as a major national activity by allowing qualified persons to occupy, develop, utilize, and sustainably manage forestlands for tourism purposes, in line with sustainable development and equitable access to forestlands and resources.
FLAgT is a contract between the DENR and a natural or juridical person authorizing them to occupy, manage, develop, and utilize forestlands for tourism purposes for a period of 25 years, renewable for another 25 years. It includes special forest land uses like Bathing Establishments, Camp Sites, Ecotourism Destinations, Hotel Sites, and Other Tourism Purposes.
The maximum areas are: Bathing Establishment - 24 hectares, Camp Site - 5 hectares, Ecotourism - 24 hectares, Hotel Site (including resorts) - 10 hectares, Other Tourism Purposes - 10 hectares. Larger areas require Secretary's approval.
Qualified applicants are Filipino citizens of legal age or Filipino-owned juridical persons (at least 60% Filipino-owned corporations, associations, cooperatives, partnerships) who are financially capable to develop the area for tourism purposes.
Applicants must submit proof of legal qualification (e.g., birth certificate, SEC registration), an Indicative Development Plan with financing strategies, and clearances or authorizations from specific governing bodies if applicable.
CENROs identify suitable areas using DENR control maps and other plans. The RED organizes a composite team to validate and determine area boundaries, which must then be indorsed by appropriate LGU Sanggunian(s) and approved by the RED.
Areas are awarded through competitive bidding. Applicants pre-qualify based on submitted requirements, and the area is awarded to the highest bidder who complies with minimum entry fees and payment conditions.
The government share is a 5% fee based on the most recent zonal value of the commercial zone in the barangay or nearest adjacent barangay. It is paid within 30 days of issuance of FLAgT and annually thereafter.
Grounds include failure to settle dues after three notices, failure to protect the area, unauthorized use, fraud or misrepresentation in obtaining the FLAgT, abandonment, failure to develop the area, and repeated violations of terms and conditions.
The holder must delineate boundaries within 6 months, submit a Site Management Plan with a performance bond within 3 months, secure an Environmental Compliance Certificate before starting activities, practice ecological solid waste management, protect biodiversity, and comply with the Clean Water Act.