Scope and Coverage of the Rules
- Applies specifically to the use of forestlands for tourism.
- Community-Based Ecotourism covered by separate guidelines.
Definitions of Key Terms
- Bathing Establishment, Campsite, Ecotourism, Entry Fee, Environmental Compliance Certificate (ECC), Forestlands, Government Share, Initial Environmental Examination (IEE), Other Tourism Purposes, Protected Areas, Forest Landuse Agreement for Tourism Purposes (FLAgT), Zonal Value.
- FLAgT: Contract for 25 years (renewable), authorizing development and management of forestlands for tourism.
Areas Available and Size Limits for FLAgT
- FLAgT may cover suitable forestlands not under conflicting tenurial instruments.
- Size limits for different tourism uses: Bathing Establishment (24 ha), Camp Site (5 ha), Ecotourism (24 ha), Hotel Site (10 ha), Other Tourism Purposes (10 ha).
- Larger areas require Secretary’s approval.
Duration and Applicants for FLAgT
- Maximum duration: 25 years, renewable for another 25 years.
- Qualified applicants: Filipino citizens and Filipino-owned juridical persons with financial capability.
Award Procedure and Application Requirements
- Awarded through competitive bidding.
- Conversion of existing special use permits to FLAgT possible with compliance.
- Application must include proof of legitimacy, indicative development plan, and clearances if applicable.
Identification and Delineation of Sites
- CENROs to identify available sites based on maps and plans.
- Composite team validates site suitability and consults communities.
- Areas endorsed by appropriate local sanggunian(s) and approved by RED.
- The finalized sites are recorded in fluorescent registries accessible to the public.
Bidding and Award Process
- FLAgT Bids and Awards Committee (FLAgTC) formed with DENR officials and COA observer.
- Invitations for prequalification announced publicly.
- Evaluation based on completeness of documents and financial capacity.
- Bid open publicly; highest valid entry fee wins, with provisions for tie and succession in awards.
- Minimum entry fees based on area size set.
- Notice of award issued within 3 days; formal agreement executed within 15 days after payment.
Terms and Conditions of the FLAgT
- Boundary delineation and marking within 6 months.
- Submission of Site Management Plan with performance bond within 3 months.
- Required ECC and permits must be secured before activity.
- Area use restricted to approved purposes, with DENR clearance for tree cutting.
- Obligations include ecological solid waste management, protection of biodiversity, and reporting changes in ownership.
- Agreement surrender and transfer process outlined.
- No obstruction to navigation allowed.
Monitoring, Evaluation, and Government Share Payment
- Annual reporting and monitoring by RED and composite teams.
- DENR Central Office may validate reports.
- Government share is 5% of zonal value; revalued every 5 years.
- Payment due within 30 days of agreement and annually; late payments incur surcharges.
Grounds for Suspension or Cancellation
- Suspension: Non-payment after notices, failure to protect area, unauthorized use or occupation beyond agreed area.
- Cancellation: Fraudulent acquisition, abandonment, failure to develop as required, repeated violations.
Transfer and Miscellaneous Provisions
- Transfer allowed with Secretary’s approval and conditions of compliance.
- Existing permits exempted from bidding but must pay fees.
- Repealing clause annuls inconsistent prior rules.
- Separability clause maintains validity of unaffected provisions.
- Effectivity 30 days after publication.