Priority of Community-Based Forest Management and Ancestral Domain Recognition
- Community-based forest management is the national strategy.
- Prioritization of ancestral domain/land claims, IPAS, and social forestry programs over IFMA if conflicts arise.
- Proactive pursuit of community projects and protection of indigenous cultural communities.
Definitions
- Brushland: degraded area with shrubby vegetation.
- IFMA: production sharing agreement granting development and management rights over specified forestlands.
- IFMA Holder: qualified person, corporation or cooperative entering into IFMA.
- Industrial Forest Plantation (IFP): area planted with timber-producing or compatible species supporting industrial needs.
- Protection Forest: forests not for timber production due to environmental sensitivity.
- Various other terms defined including DENR, CENRO, PENRO, LGU, NGO, natural forest, open and denuded land.
IFMA Areas: Scope and Size
- IFMAs cover brushlands, grasslands, and open/denuded forestlands under DENR jurisdiction.
- Areas with vested rights/licenses require consent of current holders.
- Natural forest patches too small for separate management are protected by IFMA holders.
- Minimum IFMA size: 500 hectares; maximum per IFMA: 20,000 hectares.
- A holder may hold multiple IFMAs but total cannot exceed 40,000 hectares.
- Social equity principle applies in granting IFMAs.
Prohibited IFMA Areas
- No IFMAs awarded in NIPAS except buffer zones.
- Lands under ancestral domain claims, social forestry programs, or with indigenous occupants require priority and consent.
- Pending ancestral domain applications preclude IFMA until resolved.
Environmental Requirements
- Project Description or Initial Environmental Examination and Environmental Compliance Certificate (ECC) required before IFMA award.
- Environmental Impact Statement (EIS) and ECC required for approval of Comprehensive Development and Management Plan (CDMP).
Application and Conversion
- Applications for Timber License Agreements conversion and IFMA expansion treated as new applications.
Area Identification and Evaluation
- CENRO identifies and evaluates potential areas using forest data and baseline information.
- PENRO maintains database including site conditions, community demographics, and environmental factors.
- Public information dissemination and local government validation required before securing DENR Secretary approval.
- Register of available IFMA areas maintained accessible to stakeholders.
Applicant Qualifications and Eligibility
- Applicants must be Filipino citizens or Filipino-controlled corporations/cooperatives.
- Applicants must demonstrate technical and financial capability, environmental management record, and good community relations.
- Relevant corporation documentation, financial statements, tax receipts, and application fees required.
Application Processing
- CENRO verifies area availability, applicant qualifications, and site conditions; forwards recommendation to PENRO.
- PENRO holds consultations with local communities to assess project acceptability.
- Regional offices evaluate and recommend applications, forwarding to DENR Central Office.
- Appeals allowed for denials.
IFMA Award and CDMP Approval
- Forest Management Bureau (FMB) responsible for document management and endorsing approvals.
- IFMAs up to 10,000 hectares approved by Undersecretary for Field Operations; over 10,000 hectares approved by DENR Secretary.
- CDMP approved by the same official who approved the IFMA.
IFMA Terms and Conditions
- IFMA duration: 25 years renewable for another 25 years upon compliance.
- IFMA Holders must submit CDMP within 6 months, including EIS and ECC compliance.
- Boundary delineation of IFMA and protection forests required.
- Plant mainly timber-producing species; specifics on planting schedule and survival rate.
- Up to 10% may be used for permanent agriculture if included in CDMP.
- Protection against forest fires and adherence to environmental safeguards mandated.
- Restrictions on tree cutting on steep slopes, riverbanks, roads, and protection forests.
- Reforestation and conservation of rare flora/fauna required.
- Employment of a registered forester in leadership roles.
- Rights of indigenous communities respected and workers' rights upheld.
- Annual reporting and community registers maintained.
DENR Responsibilities
- Ensure compliance with environmental and consultation procedures.
- Provide IFMA Holders with relevant area and community information.
- Assist in developing agreements between holders and communities.
Transfer of IFMA Rights
- Transfers require DENR Secretary approval following a notice and consultation process.
- Conditions for transfer include compliance history, qualification of transferee, no speculation intent, and consent of financing institutions if applicable.
Compensation to IFMA Holders
- Compensation for improvements on termination or reduction of IFMA without just cause.
- Valuation by a committee of DENR, IFMA Holder, and independent appraiser; costs shared equally.
Enforcement and Remedies
- Written notice required for breaches with 30-day remedy period.
- Suspension possible depending on violation severity; right to motion for reconsideration available.
- Grounds for cancellation include fraud, ECC violations, failure to submit or comply with CDMP, abandonment, and other breaches.
- Automatic cancellation if awarded in violation of specified sections.
Incentives to IFMA Holders
- Permitted interplanting of secondary crops if no biodiversity impact.
- Ownership and harvesting rights of planted trees belong to holder.
- Export and forest charge exemptions on plantation products.
- Use of IFMA as loan collateral allowed with approval.
Government Share
- Negotiated between DENR and IFMA Holder based on costs, schedule, products, volume, market price, and financial factors.
- Government share fixed for IFMA duration unless mutually renegotiated.
Monitoring and Evaluation
- Reporting and evaluation system involving FMB, PENRO, CENRO, and LGU/NGO representatives.
- Indicators include seedling production, area planted, environmental protection, documentation, and issue reporting.
Program Management
- FMB as national coordinating office responsible for policy development, site evaluation, coordination, evaluation, liaison, and records.
- Regional and provincial offices responsible for local program implementation, monitoring, reporting, and data maintenance.
Miscellaneous Provisions
- Existing valid IFMAs and applications are prioritized and governed accordingly; vested rights preserved.
- Repealing clause nullifies inconsistent prior issuances.
- Separability clause preserves remainder of order if any provision is invalid.
- Effectivity upon publication with 15-day lead time.