Title
Community-Based Program in Protected Areas Guidelines
Law
Denr Administrative Order No. 2004-32
Decision Date
Aug 31, 2004
DENR Administrative Order No. 2004-32 establishes revised guidelines for the Community-Based Program in protected areas, empowering tenured migrant communities and indigenous peoples to sustainably manage and conserve resources while ensuring their tenure and participation in ecological preservation efforts.
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Definition of Terms

  • Allowable Zones: Management zones permitting sustainable development/resource use.
  • Community-Based Program (CBP): Program enabling communities to manage and conserve resources within protected and buffer zones.
  • CBP Area: Specific segments of allowable zones for CBP activities aligned with PAMP.
  • Community Resource Management Plan (CRMP): Plan detailing sustainable resource management by PACBRMA holders.
  • Integrated Protected Area Fund (IPAF): Trust fund for financing NIPAS projects.
  • Mangrove Reserves: Protected mangrove areas proclaimed before NIPAS Act enactment.
  • People's Organization: Organized community groups for collective action and benefit-sharing.
  • Prior Vested Rights: Legitimate claims or privileges over land/resources by law, contract, or tradition.
  • Protected Area Community-Based Resource Management Agreement (PACBRMA): 25-year agreement (renewable) granting tenure to communities.
  • Protected Area Management Plan (PAMP): Plan covering establishment rationale, boundaries, zoning, and allowable uses.
  • Tenured Migrant Communities: Groups occupying protected areas for at least 5 years before designation.
  • Restoration: Planting indigenous/endemic species to return original vegetation types.
  • Watershed: Designated watershed areas proclaimed before NIPAS Act.

Scope and Coverage

  • CBP provides opportunities for communities to manage and protect protected areas and buffer zones.
  • Tenure instruments limited to multiple use, sustainable use, and buffer zones.
  • Protection/restoration in other allowable zones allowed if aligned with PAMP.

Creation of the PAMB-CBP Committee

  • PAMB to establish a CBP Committee for all CBP-related matters.
  • Committee includes DENR Regional Technical Director for PAWCZMS (chair), Local Management Units, and selected PAMB members.
  • Appointments made by Regional Executive Director.

Stages of CBP Implementation

  • Four stages: Preparatory, PO formation and tenure provision, Planning, Implementation.

Preparatory Stage

  • IEC campaign to raise awareness led by RTD for PAWCZMS, CENRO, PASu.
  • Institutional linkages to foster sectoral collaboration.
  • Identification of CBP areas by PAMB and PASu using SRPAO, RBI, and PAMP.
  • Processing conflicting claims via RED-created arbitration group; decisions by RED.

PO Formation and Security of Tenure

  • Communities assessed and organized for resource management.
  • Assistance from PASu, CENRO, LGUs, NCIP (for indigenous peoples) to form POs.
  • Registration assistance with appropriate agencies.
  • PACBRMA as tenurial instrument issued to POs for 25 years, renewable.
  • Application requires registration, list of officers, members, and endorsements.
  • RED approves applications up to 15,000 hectares; larger areas endorsed to DENR Secretary.

Planning Stage

  • PACBRMA holders prepare CRMP describing resource management strategy.
  • CRMP consistent with PAMP; includes 5-year activity plan if resources are to be extracted.
  • Indigenous peoples may submit ADSDPP as alternative.
  • CRMP reviewed and affirmed by PAMB and RED.

Implementation Stage

  • Execution of CRMP and 5-year plans.
  • Enhancing organizational capacity and economic viability.
  • Ensuring benefits flow fairly to PO members.

Community-Based Forest Management Agreements in Protected Areas

  • Existing CBFMAs in watersheds/mangroves continue provided compliance with PAMP.
  • RED and RTD monitor and assist implementation.
  • Inventory of existing CBP activities to determine status.

Monitoring and Evaluation

  • PAMB, PASu, and CENRO oversee compliance with PACBRMA terms.
  • Biannual reports by PASu to Regional Office; periodic evaluation by RTD.
  • RED submits biannual report to DENR Secretary.
  • PAWB monitors nationwide implementation, drafts policies, maintains database.

Termination or Cancellation of PACBRMA

  • Grounds include: violation of terms, environmental laws, unauthorized land use, or national interest determination.
  • RED leads investigation with the RTD; may suspend agreement during inquiry.
  • Nullified agreements require turnover of developments to PAMB.

Fund Allocation

  • DENR responsible for funding CBP implementation.
  • Fees collected from CBP accrue to the Integrated Protected Area Fund.

Separability Clause

  • Invalidity of any provision does not affect the remainder of the Order.

Repealing Clause

  • This Order modifies previous rules and repeals inconsistent memoranda and circulars.

Effectivity

  • Immediate effect upon publication in a national newspaper.

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