Regional Rusumo Falls Hydro Power Project (RRFHPP) Addendum to the Main Resettlement Action Plan (RAP) Site Specific RAP for Extra Land on Tanzania Side-Power House Area its Access Road, Administrative Area its Access Road and the Slope Protection (Safety and Environmental Protection) May 2019 RAP Addendum; Extra lands –Tanzania side 1|P a ge Table of Contents ACRONYMS ......................................................................................................................................... 4 1.0 Back Ground to Regional Rusumo Falls Hydro Power Project (RRFHPP) RAP ..................... 5 1.1 Introduction: ................................................................................................................................ 5 3.0 PAP Identification and Demarcation .................................................................................................. 8 3.1 Extra lands for Power House area and its access road as well as administrative building and its access road .......................................................................................................................................... 8 3.2 Extra land acquired for slope protection access road to power house and administrative building and amphibolite materials ........................................................................................................................ 8 4.0 Valuation process for the extra lands .......................................................................................... 8 4.1 Valuation methods ....................................................................................................................... 8 4.1.1 Land Valuation ....................................................................................................................... 8 4.1.2 Valuation of buildings. ............................................................................................................ 9 4.1.3 Valuation for Crops ................................................................................................................. 9 4.2 Eligibility criteria and entitlement matrix ........................................................................... 10 4.2.1 Entitlement Matrix ......................................................................................................... 10 5.0 Public Consultation ................................................................................................................. 10 6.0 Livelihood restoration program........................................................................................... 11 7.0 Implementation, Monitoring and GRM ...................................................................................... 11 ANNEXES ............................................................................................................................................ 12 Annex 1 ................................................................................................................................................ 13 Annex II ............................................................................................................................................... 29 Annex III.............................................................................................................................................. 46 Annex IV .............................................................................................................................................. 63 Annex V ............................................................................................................................................... 67 Annex VI .............................................................................................................................................. 70 RAP Addendum; Extra lands –Tanzania side 2|P a ge List of Annexes Annex I: Valuation report dated October 2017 or compensation of extra land to Power house and its access road Annex II: Valuation report dated December 2017 for compensation of extra land for administration block and its access road Annex III: Valuation report dated December 2018 for compensation of extra land acquired cater for the slope protection (i.e. safety and environmental protection) for the future permanent access road to powerhouse and administrative building Annex IV: The minutes of public consolation done on 14th June 2017. Annex V: The minutes of public consultation done on 10th November 2017. Annex VI: The minutes of public consultation done on -2nd February 2018 RAP Addendum; Extra lands –Tanzania side 3|P a ge ACRONYMS AfDB African Development Bank ANB Annual Income of Building BNV Brand New Value ESIA Environmental Social Impact Assessment CP2 Contract Part two. GIS Geographical Information System GPS Global Positioning System HH Household GRM Grievance Redress Mechanisms LRP Livelihood Restoration Program LV Land Value MW Megawatts NBI Nile Basin Initiative NELSAP Nile Equatorial Lakes Subsidiary Action Program OE Owners Engineers PAP Project Affected People PIU Project Implementation Unit RAP Resettlement Action Plan RCM Resettlement Committee Members RoR Run of River RRFHPP Regional Rusumo Falls Hydro Power Plant RV Residual Value SY Switch Yard WB World Bank RAP Addendum; Extra lands –Tanzania side 4|P a ge 1.0 Back Ground to Regional Rusumo Falls Hydro Power Project (RRFHPP) RAP Regional Rusumo Falls Hydro Power Project (RRFHPP) is implemented by the Republics of Rwanda, Tanzania and Burundi in partnership with Nile Equatorial Lakes Subsidiary Action Program (NELSAP). The hydro power plant is estimated to produce about 80 MW on the Kagera River at the Rusumo Falls located on the border between Rwanda and Tanzania under a Run of River (RoR) scheme. A Resettlement Action Plan (RAP) was prepared in accordance with World Bank (WB) social safeguard requirements; OP 4.12 “Involuntary Resettlement”, the Afr ican Development Bank (AfDB) Involuntary Resettlement policy (2003) for transmission line and in accordance with the legislative policies governing resettlement in the two affected Republics of Rwanda and Tanzania. The RAP ensures that project affected people (PAP) who will suffer any economic or physical displacement resulting from the Project, whether permanent or temporary, are compensated in a socially responsible manner and according to good international practice. Noted impacts the power plant construction activities vary from loss of residential structures, business structures, loss of employment, loss of agricultural land and deprivation of marshland use (brick making and sand quarry businesses, fishing and marshland cultivation). The impacts are felt within Kirehe District in Rwanda and Ngara District in Tanzania, both districts are separated by River Kagera where Rusumo falls are located. 1.1 Introduction: This is an addendum to the project’s main Resettlement Action Plan (RAP) for Regional Rusum o Falls Hydro Power Project which received full disclosure and approved by the World Bank (WB) in March 2013. Extra land for access road to power house and power house area: There was a challenge at the beginning of the project when it was realized that part of the land adjacent to the international road was not compensated during original compensation and this was required for the access road to the powerhouse and area for amphibolite materials which are used for construction works. This resulted in a requirement for the new land acquisition. Access road to administrative building and land for administrative building: After moving the administration building from the plot opposite to CP1 working area, which was very small and its location was not conducive for office facilities, it was necessary to find a new location for this building. After site investigation, it was found that the crest of the powerhouse was the ideal place for the location of the administration building. As this area was not previously compensated, there was a requirement for it to be valued and owners paid. In addition to this, the acquisition of this area is not a loss to the project because almost the whole area is above the Headrace Tunnel (HRT) and in principle no any population is allowed or would be evacuated due to blasting activities inside the tunnel. Another piece of land which was remaining as an island between access road to power house and access road to administrative building: This piece of land was acquired to cater for the slope protection (i.e. safety and environmental protection) for the future permanent access road to powerhouse and administrative building. Also in order to discourage the local population from setting up houses and live within project area which is dangerous (safety reason) during construction and operation as well as the houses could be damaged by blasting activities and result in further claims and costs to the project. Therefore, extra lands were acquired at the power house, access road to power house, administrative building and its access road as well as land to cater for the slope protection (i.e. safety and environmental RAP Addendum; Extra lands –Tanzania side 5|P a ge protection) for the future permanent access road to powerhouse and administrative building. Land acquisition was commenced by section as timing, location and needs were different. The anticipated extra lands took long to be acquired as the Owner Engineer and CP1 keep changing the design either to accommodate additional structures or for environmental and safety reasons. 2.0 Table 1 - Summary of extra land acquired, number of property owner and compensation values S/No Extra land Land Number of property Compensation Valuation Report acquired Size – As owner value of attached as annex per affected valuation properties - report Tshs Square Meters 1st Extra Extra land 44,137.4 5 201,027,416 Annex I Land power house .00 Summary acquired area and its Land value access road – 154,479,500/= Payment ii. Building value Done. (these were 2 The house foundations valuation under construction report see the picture dated below) Tshs. October 5,640,000/= 2017 iii. Crop value 25,016,996/= iv. Grave reallocation cost 1,000,000/= v. Total Allowances 4,890,920/= 2rd extra Extra land for 9,988.8 3 (2 PAPs with 177,611,994.00 Annex II land administrative valuation No. acquired building and RSM/NGR/NELSAP/ i Land value – its access road 02 and 05 appear in 48,538,050/= Payment the 1st extra land ii. Crop value done The acquisition) 115,917,500/= Valuation iii Total RAP Addendum; Extra lands –Tanzania side 6|P a ge report Allowances dated 13,156,444 /= December 2017 3rd extra Extra land for 16,381.38 5 (Same PAPs appear Annex III land the slope in the 2nd Extra land 234,697,441.00 acquired protection acquisition) i. Land value – (i.e. safety 81,906,905/= Payment and ii. Building value not yet environmental (these were 2 done protection) buildings and 2 for the future house foundations The permanent under construction Valuation access road to see the picture report powerhouse below) dated and December administrative 83,449,800/= 2018 building and iii. Crop value amphibolite 32,815,000/= materials. iv. Grave reallocation cost 500,000/= v. Total Allowances 36,025,736/= TOTAL EXTRA COMPENSATION 8 PAPs 622,336,821.00 AND NUMBER OF AFFECTED PEOPLE TOTAL AMOUNT PAID SO FAR 387,639,380.00 TOTAL AMOUNT NOT YET PAID 234,697,441.00 Detail of land, crops, and type of houses attached in the annexes - valuation reports RAP Addendum; Extra lands –Tanzania side 7|P a ge 3.0 PAP Identification and Demarcation 3.1 Extra lands for Power House area and its access road as well as administrative building and its access road The extra lands were identified and demarcated by the project’s contractors in partnership with the owners Engineers plus the PIU Civil Engineer and safeguards team. PIU Safeguards team called for a village meetings and identified owners of the required extra lands for each land acquired. The major use of this lands was for farming activities, tree planting and extraction of stones for construction. This makes the affected HHs here to be economically affected by this kind of displacement. 3.2 Extra land acquired for slope protection access road to power house and administrative building and amphibolite materials The extra land of 16,381.38m2 was in between the project areas i.e. access road to power house and administrative building and at the top of tunnel. Due to safety, security of plant during construction and operation as well as environmental protection of these access roads project decided to acquire this piece of land. PIU Safeguards team called for a village meeting and identified five (5) Households owners of the required extra land. Minutes of the meeting are available for reference. The major use of this land was for farming activities as well as extraction of stones for construction. This makes the affected HHs here to be economically affected by this kind of displacement. 4.0 Valuation process for the extra lands The valuation exercise was conducted by Certified Tanzanian Government Valuer who conducted and lead the valuation exercise in partnership with the district officer in charge of lands (Ngara district), in the presence of NELSAP/PIU. 4.1 Valuation methods The valuation of affected assets was done by certified Government Valuer in accordance with the laws of the Republic of Tanzania governing land acquisition processes in public interest. This was also done in consideration of the WB OP 4.12 on Involuntary Resettlement." 4.1.1 Land Valuation Land value was assessed using the Land Act No.4 of 1999, Land Act No.4 of 1999 sec 3(1)(a), (f) and (g) value for land. The current market value of Land is assessed using comparative method of valuation where the prices evidenced by actual recent sales of similar properties is compared to the subject The Valuer conducted land market research in the area and the neighborhood through various research techniques from various sources, property mortgages, land dispute settlement councils, sale agreements, lease contracts, interviews and questionnaires. After serious investigatory research, the valuation team set the average land market value as ranging from Tshs. 5000 to 10,000 per square meter, however with reference to land use and land scape of the land take RAP Addendum; Extra lands –Tanzania side 8|P a ge we are in our opinion that the current land market value at the subject land is below the average agricultural land at Rusumo village. Even though the land is rich in mineral (rocks and sands), we have not assigned the value to any PAP due to lack of mineral right according to the mining Act No. 14 of 2010 read with Ngara bylaw on mineral of 2012. There was no value assigned for mineral exploitation as there were no evidence for mining activity in the area however there were presence of illegal mining activities especially sand quarry and brick making.Indicating unit Price of land according to its location and use No Location land Unit price Tshs. USD Equivalent 1 Commercial land located on tarmac road 15,000 Tshs/sq m 9 Usd/Sqm 2 Residential land located behind the 10,000 Tshs /sq m 6 Usd/Sqm 3 commercial land located away over 100m off Agriculture 5,000 Tshs /sq m 3 Usd/Sqm 4 properties tarmac Hazardous near road tarmac theroad & near lands: - All marshlands marshy lands, Mining 0- Tshs/sq m 0- Usd/Sqm areas, Rocky, steep slope -hilly Source: Field Survey April 2014 lands 4.1.2 Valuation of buildings. The land regulation of May 2001 section 7, states that the market value of unexhausted building for the purpose of compensation shall be arrived at by comparison method evidenced by actual recent sales of similar properties (Market value of the property shall be close or equal to the costs of constructing or purchasing the replica) or by use of income method or replacement cost method for properties of special nature or where no market evidence. Land Act No.4 of 1999 sec.3 (g) to arrive at market value, the unit quantities and unit prices of construction materials in reference to current real estate market was used “Replacement costs approach” In replacement cost “contractors method‟ we equate the cost schedule of the building at different stages of development; - Foundation; - total costs of the structure divide by gross floor area (Rate of construction per square meter) as provided by National construction Council –NCC 2016 hand book 4.1.3 Valuation for Crops The valuer evidenced various crops especially perennial and seasonal crops by carrying out inspection and counting number of crops per household per stem or cluster as directed by the Valuation Act No.7 of 2016 read with crop compensation schedule of 2015. Annual and perennials crops were assessed in compliance with the government compensation schedule of 2015 basing on replacement cost of each crop. Compensation rates were calculated in compliance with the full replacement value principle for permanent crops. The rates were adjusted according to Age, condition, productivity  Seedlings 15%  Aged crop 25%  Average crop productivity 50%  Optimum proclivity 100% RAP Addendum; Extra lands –Tanzania side 9|P a ge There have not been no any prices changes for crops during the initial compensation and during the acquisition of extra lands for the project. 4.2 Eligibility criteria and entitlement matrix According to the main RAP all people and entities who suffer losses and incur negative impacts due to the acquisition of land for project and other project infrastructure will be considered to be eligible for resettlement entitlements, provided that they own, occupy or use the affected land prior to a cutoff date. Displaced persons will be considered to be eligible regardless of their tenure status with respect to the land and Assets, including structures and fields, that were surveyed in the project affected area at the cut- off-date are eligible for compensation, if these assets, structures and fields are determined as project affected. People residing or holding affected assets in the project affected area at the cut-off date are eligible for compensation. The types of impacts identified as eligible for compensation are:  Loss of crops;  Loss of land and loss of improvements on land  Loss of structures;  Loss of access (to resources);  Loss of business;  Loss of employment at they own, occupy or use 4.2.1 Entitlement Matrix The Entitlement Matrix detailed in the original RAP was used to guide determination of entitlements. 5.0 Public Consultation Public consultation was done following the identification of extra required lands and owners through community leaders. During the meeting community members were given explanation as to why the project would like to acquire extra land for project activities. The extra required land was described in terms of its location and demarcation. Identified affected people were informed on procedures and process for land acquisition. Since all the owners of the extra required land had been affected during the previous land acquisition, the processes and procedures of land acquisition for the project were not new to them. The minutes of the of public consultation are available as annex IV, V and VI. RAP Addendum; Extra lands –Tanzania side 10 | P a g e 6.0 Livelihood restoration program 5 PAPs affected by extra land acquisition mentioned in this RAP were affected by the initial land acquisition and therefore, all of them are already taking part in livelihood restoration program being implemented on Tanzania side. While 3 PAPs although they have been affected by taking their piece of land but is a small piece of land compared to what they owned by the individuals, it did not affect them significantly. 7.0 Implementation, Monitoring and GRM The valuation exercise was monitored by the NELSAP/PIU‟s Social team. PAPs were reminded about the availability of the GRM in case of any complaint concerning the valuation process. The Valuation was done and completed within a period of three days with no reported grievances. RAP Addendum; Extra lands –Tanzania side 11 | P a g e ANNEXES RAP Addendum; Extra lands –Tanzania side 12 | P a g e Annex 1 Valuation report for extra land for compensation for Power house and its access road RAP Addendum; Extra lands –Tanzania side 13 | P a g e RAP Addendum; Extra lands –Tanzania side 14 | P a g e RAP Addendum; Extra lands –Tanzania side 15 | P a g e RAP Addendum; Extra lands –Tanzania side 16 | P a g e RAP Addendum; Extra lands –Tanzania side 17 | P a g e RAP Addendum; Extra lands –Tanzania side 18 | P a g e RAP Addendum; Extra lands –Tanzania side 19 | P a g e RAP Addendum; Extra lands –Tanzania side 20 | P a g e RAP Addendum; Extra lands –Tanzania side 21 | P a g e RAP Addendum; Extra lands –Tanzania side 22 | P a g e RAP Addendum; Extra lands –Tanzania side 23 | P a g e RAP Addendum; Extra lands –Tanzania side 24 | P a g e RAP Addendum; Extra lands –Tanzania side 25 | P a g e RAP Addendum; Extra lands –Tanzania side 26 | P a g e RAP Addendum; Extra lands –Tanzania side 27 | P a g e RAP Addendum; Extra lands –Tanzania side 28 | P a g e Annex II Valuation report for extra land for compensation for Administrative Building and its access road RAP Addendum; Extra lands –Tanzania side 29 | P a g e RAP Addendum; Extra lands –Tanzania side 30 | P a g e RAP Addendum; Extra lands –Tanzania side 31 | P a g e RAP Addendum; Extra lands –Tanzania side 32 | P a g e RAP Addendum; Extra lands –Tanzania side 33 | P a g e RAP Addendum; Extra lands –Tanzania side 34 | P a g e RAP Addendum; Extra lands –Tanzania side 35 | P a g e RAP Addendum; Extra lands –Tanzania side 36 | P a g e RAP Addendum; Extra lands –Tanzania side 37 | P a g e RAP Addendum; Extra lands –Tanzania side 38 | P a g e RAP Addendum; Extra lands –Tanzania side 39 | P a g e RAP Addendum; Extra lands –Tanzania side 40 | P a g e RAP Addendum; Extra lands –Tanzania side 41 | P a g e RAP Addendum; Extra lands –Tanzania side 42 | P a g e RAP Addendum; Extra lands –Tanzania side 43 | P a g e RAP Addendum; Extra lands –Tanzania side 44 | P a g e RAP Addendum; Extra lands –Tanzania side 45 | P a g e Annex III Valuation report for extra land for compensation for Administrative Building and its access road RAP Addendum; Extra lands –Tanzania side 46 | P a g e RAP Addendum; Extra lands –Tanzania side 47 | P a g e RAP Addendum; Extra lands –Tanzania side 48 | P a g e RAP Addendum; Extra lands –Tanzania side 49 | P a g e RAP Addendum; Extra lands –Tanzania side 50 | P a g e RAP Addendum; Extra lands –Tanzania side 51 | P a g e RAP Addendum; Extra lands –Tanzania side 52 | P a g e RAP Addendum; Extra lands –Tanzania side 53 | P a g e RAP Addendum; Extra lands –Tanzania side 54 | P a g e RAP Addendum; Extra lands –Tanzania side 55 | P a g e RAP Addendum; Extra lands –Tanzania side 56 | P a g e RAP Addendum; Extra lands –Tanzania side 57 | P a g e RAP Addendum; Extra lands –Tanzania side 58 | P a g e RAP Addendum; Extra lands –Tanzania side 59 | P a g e RAP Addendum; Extra lands –Tanzania side 60 | P a g e RAP Addendum; Extra lands –Tanzania side 61 | P a g e RAP Addendum; Extra lands –Tanzania side 62 | P a g e Annex IV The minutes of public consultation done on 14th June 2017 for extra land for Power House Area RAP Addendum; Extra lands –Tanzania side 63 | P a g e RAP Addendum; Extra lands –Tanzania side 64 | P a g e RAP Addendum; Extra lands –Tanzania side 65 | P a g e RAP Addendum; Extra lands –Tanzania side 66 | P a g e Annex V The minutes of public consultation done on 10th November 2017 for Extra land for administrative building RAP Addendum; Extra lands –Tanzania side 67 | P a g e RAP Addendum; Extra lands –Tanzania side 68 | P a g e RAP Addendum; Extra lands –Tanzania side 69 | P a g e Annex VI The minutes of public consultation done on -2nd February 2018 for Extra land for the slope protection (i.e. safety and environmental protection) for the future permanent access road to powerhouse and administrative building and amphibolite materials RAP Addendum; Extra lands –Tanzania side 70 | P a g e RAP Addendum; Extra lands –Tanzania side 71 | P a g e RAP Addendum; Extra lands –Tanzania side 72 | P a g e RAP Addendum; Extra lands –Tanzania side 73 | P a g e