Policies and Objectives
- Policies focus on environmental protection, equitable resource distribution, industrialization, employment creation, and sustainable resource development.
- Objectives include:
- Attaining a balanced, productive forest ecosystem through sustainable management and rehabilitation.
- Ensuring continuous supply of wood and non-wood products by promoting industrial forest plantations.
- Improving economic well-being of upland forest-dependent communities by equitable resource access.
Definition of Key Terms
- Comprehensive definitions provided for terms like Ancestral Domain, Annual Allowable Harvest, Basal Area, Brushlands, Buffer Strips, Commercial Species, CDMP, Degraded Residual Natural Forest, DENR, Ecosystem, ECC, EIA, FMB, Forest, Forestlands, IFMA Area, ICC/IP, Industrial Forest Plantation, Initial Environmental Examination, IFMA, LGU, Managed Forest, NIPAS, Open and Denuded Lands, Operations Plan, PENRO, Production Forest, Protection Forest, RED, Rotation, Secretary, Sustainable Development, Timber License Agreement, among others.
IFMP Areas
- IFMAs may cover various public domain forest lands excluding protected areas and lands occupied or claimed by indigenous peoples without consent.
- Minimum IFMA area: 500 hectares; maximum: 40,000 hectares.
- DENR to evaluate, delineate, validate, and approve IFMA areas using modern techniques and consultations.
- Maintain a Registry of available IFMA areas accessible to communities and stakeholders.
Application for IFMA
- Qualified applicants: Filipino citizens or registered entities; conversion of TLA holders allowed with conditions.
- Required documents include SEC/CDA registrations, financial statements, proof of capability, application fees, and board resolutions.
- Processing procedures involve multiple DENR offices (CENRO, PENRO, RENRO, FMB, Secretary) with timeline benchmarks.
- IEE and ECC requirements post-award, including mitigation plans and consultation with communities and IPs.
Terms and Conditions of IFMA
- Duration: 25 years, renewable for another 25 years subject to compliance.
- IFMA holders must delineate boundaries, submit CDMP and IEE, submit aerial photos, implement mitigation, plant timber and non-timber species, manage natural residual forests, protect conservation areas, employ registered foresters or accredited organizations, and submit annual reports.
- DENR responsibilities include providing information, ensuring compliance, assisting in agreements, managing boundaries, and facilitating financing or joint ventures.
- Compensation rules for permanent improvements and forestry investments under specified circumstances.
- IFMAs can only be modified in writing; default breaches handled by notice and arbitration.
- Transfers and encumbrances are allowed only with Secretary's authorization and under strict conditions.
Incentives and Profit Sharing
- IFMA holders entitled to plant secondary crops, ownership of planted crops, export rights (with restrictions), exemption from forest charges for plantation products, investment incentives, ability to transfer plantations, use stable crops as loan collateral, and eligibility for additional areas based on performance.
- Profit sharing negotiated post-CDMP approval considering costs, assets, market conditions, taxes, and reasonable profit margins.
Monitoring and Control
- Program managed across DENR offices with clear roles: FMB (national coordination), RENRO (regional implementation), PENRO/CENRO (local implementation and database maintenance).
- Non-compliance leads to investigation, notice of breach or suspension, with opportunities for the IFMA holder to respond.
Cancellation and Enforcement
- Grounds for cancellation include fraud, non-payment, non-compliance with plans and environmental requirements, unauthorized operations, abandonment, and failure of duties.
- Cancellation decisions become final after 30 days unless appealed.
- Upon cancellation, improvements revert to government without compensation.
Miscellaneous Provisions
- Previous IFMAs remain valid unless modified by agreement.
- Repeals inconsistent previous directives.
- Effectivity 15 days after publication and acknowledgment.
This comprehensive regulation establishes an integrated, sustainable, and participatory approach to forest management balancing environmental protection, economic development, and social equity under DENR's administration.