PRIORITIZED ROAD INVESTMENT AND
MANAGEMENT ENHANCEMENTS (SCORE)
PROJECTAnd
STRATEGIC CLIMATE-ORIENTED ROAD
ENHANCEMENTS (SCORE)
PROJECTS
Federated States of Micronesia
RESETTLEMENT FRAMEWORK
FINAL

Prepared by the Department of Finance and Administration Central
Implementation Unit forWith Funding from

December 2021

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

CONTENTS
1.

2.

3.

4.

5.

Introduction .............................................................................................................. 1
1.1

Environmental and Social Assessment Overview ............................................................... 1

1.2

Resettlement Framework................................................................................................. 1

Project Background and Rationale ............................................................................ 5
2.1

Overview of the ‘PRIME’ and ‘SCORE’ Projects ................................................................. 5

2.2

Climate Adaptation and Resilience Objectives ................................................................... 5

2.3‘PRIME’ and ‘SCORE’ Investments and Activities............................................................... 6

2.4

Project Location ............................................................................................................ 11

Legislative and Regulatory Framework ....................................................................17
3.1

FSM National Government Legislation and Regulations ..................................................... 17

3.2

State Government Legislation, Regulation and Land Rights ............................................... 23

3.3International Standards and Guidelines ............................................................................ 32

3.4

Comparison of WB ESF and FSM Legislative Requirements on Land Acquisition ................. 34

Project Principles, Entitlements and Procedures .....................................................37
4.1

Project Policy Principles ................................................................................................. 37

4.2

Eligibility for Entitlements and Compensation.................................................................... 40

4.3

Entitlements .................................................................................................................. 41

Processes for Securing Land Access.......................................................................45
5.1

Environmental and Social Risk Screening ........................................................................ 45

5.2

Preparation of Land Access Reports and Plans ................................................................ 46

5.3

Arrangement for Securing Land....................................................................................... 49

6.

Stakeholder Engagement, Consultation and Participation .......................................52

7.

Grievance Mechanism ..............................................................................................58
7.1

Background................................................................................................................... 58

7.2

Grievance Mechanism (GM) - Complaint .......................................................................... 59

7.3

GM Eligibility Criteria...................................................................................................... 59

7.4

Grievance Mechanism (GM) Pathways and Processes ...................................................... 60

7.5

General GM .................................................................................................................. 60

7.6

How to Get in Touch with the Project ............................................................................... 62

7.7

Roles and Responsibilities .............................................................................................. 65

7.8

Disclosure of Grievance Mechanism ................................................................................ 67

7.9

Record Keeping and Reporting of Grievances .................................................................. 67

7.10

Reporting and Evaluation ............................................................................................ 69

December 2021

FINAL

ii

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

8.

Institutional Arrangements, Responsibilities and Implementation ...........................70
8.2

Implementation Process ................................................................................................. 73

9.

Budget and Financial Arrangements ........................................................................75

10.

Monitoring and Evaluation .......................................................................................77
A.1

Land Registration Procedure - Kosrae .......................................................................... 79

A.2

Land Registration Procedure - Pohnpei ........................................................................ 81

A.3

Land Registration Procedure - Chuuk ........................................................................... 82

A.4

Land Registration Procedure - Yap .............................................................................. 83

Voluntary Land Donation (VLD) Protocol .................................................................................. 84

LIST OF TABLES
Table 3-1: WB Environmental and Social Standards relevant to the RF ................................................... 33
Table 3-2: Gaps between WB ESF and FSM legislative requirements, and gap filling measures ................. 34
Table 4-1: Entitlement Matrix for the PRIME and SCORE Projects........................................................... 42
Table 6-1: Summary Consultation and Participation Plan for RF Activities ................................................ 53
Table 6-1: PRIME and SCORE Projects Grievance Mechanism Process .................................................. 60
Table 9-1: Indicative budget for implementing the RF. Responsibilities ..................................................... 75

LIST OF FIGURES
Figure 2-1: Location of FSM States: Kosrae, Pohnpei, Chuuk and Yap..................................................... 12
Figure 2-2: Extent of PRIME (white) and SCORE (red) Roads on Kosrae.. ............................................... 13
Figure 2-3: Extent of PRIME (yellow) and SCORE (red) Roads on Pohnpei. ............................................. 14
Figure 2-4: Extent of PRIME (white) and SCORE (red) Roads on Chuuk. ................................................. 15
Figure 2-5: Extent of PRIME (white) and SCORE (red) roads on Yap. ...................................................... 16
Figure 5-1: E&S screening process in relation to the RF. ........................................................................ 46

APPENDICES
Appendix A

State Land Registration Procedures

Appendix B

Project Voluntary Land Donation (VLD) Protocol

Appendix C

Environmental and Social Screening Forms

December 2021

FINAL

iii

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

ABBREVIATIONS
ARAP

Abbreviated Resettlement Action Plan

AOI

Area of Interest

CBO

Community Based Organization

CIU

DoFA Central Implementation Unit

CRRSClimate Resilient Road Strategy

DoFA

Department of Finance and Administration

DoTC&I

Department of Transportation, Communications and Infrastructure

E&S

Environmental and Social

ESA

Environmental and Social Assessment

ESCP

Environmental and Social Commitment Plan

ESF

World Bank Environmental and Social Framework

ESMF

Environmental and Social Management Framework

ESMP

Environmental and Social Management Plan

ESSWorld Bank Environmental and Social Standards

FSM

Federated States of Micronesia

GIS

Geographic Information Systems

GoFSM

Government of FSM

GMGrievance Mechanism

IOL

Inventory of Loss

LADD

Land Access Due Diligence Report

MOU

Memorandum of UnderstandingNGO

Non-Governmental Organization

OHS

Occupational Health and Safety

PAP

Project Affected Person

PIU

PRIME Project Implementation Unit

PMU

DoTC&I Project Management Unit

PRIME

Prioritized Road Investment and Management Enhancements Project

PSC

Project Steering Committee

RF

Resettlement Framework

SCORE

Strategic Climate-Oriented Road Enhancements Project

SEA

Sexual Exploitation & Abuse

SEP

Stakeholder Engagement Plan

SH

Sexual Harassment

December 2021

FINAL

iv

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

SIDS

Small Island Developing States

TOR

Terms of Reference

UNESCO

United Nations Educational, Scientific and Cultural Organization

VA

Vulnerability Assessment

WB

World BankWHOWorld Health Organization

December 2021

FINAL

v

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

GLOSSARY
Compensation

Payment in cash or in kind at the replacement cost of the acquired
assets for the Project.

Cut-off date

The eligibility cut-off date is the date of completion of the inventory ofloss (IOL) for Project works under Component 2. Assets located within
the Component 2 works footprint after this date will not be eligible for
entitlements or associated assistance.

Disadvantaged
Vulnerable People

Those who may be more likely to be adversely affected by the project
impacts and/or more limited than others in their ability to takeadvantage of a project’s benefits. Such an individual/group is also more
likely to be excluded from/unable to participate fully in the mainstream
consultation process and as such may require specific measures
and/or assistance to do so. This will take into account considerations
relating to age, including the elderly and minors, and including
circumstances where they may be separated from their family, thecommunity or other individuals on which they depend.
Specifically, vulnerable groups for PRIME and SCORE Projects,
disadvantaged and vulnerable people consist of the following
categories of persons: i) those without legal title to the land or otherasset/s, ii) households headed by females (where appropriate), iii) the
elderly or disabled, iv) vulnerable road users due to road construction(refer definition to below), and v) other vulnerable groups, such as
people living in extreme poverty or hardship.

Displaced Persons

Refers to all of the people who as a direct result of land acquisition or
restricted land use for the project would have their (1) standard of living
adversely affected; or (2) right, title, interest in any house, land(including premises, agricultural and grazing land) or any other fixed or
movable asset acquired or possessed temporarily or permanently; (3)access to productive assets adversely affected, temporarily or
permanently; or (4) business, occupation, work or place of residenceor habitat adversely affected; and “displaced person” means any of thedisplaced persons.

Economic
Displacement

Loss of income sources, or means of livelihoods as a result of (i)involuntary acquisition of land, or (ii) involuntary restrictions on land
use or on access to legally designated parks and protected areas.

Eligible Land Holders

Refers to affected persons who (a) hold title to land; or (b) do not holdtitle but whose possession of land can be legalized with a title pursuant
to the Land Law of FSM including those with recognizable rights.

Entitlement

Range of measures comprising compensation, income restoration
support, transfer assistance, income substitution, and relocation
support which are due to affected people, depending on the nature of
their losses, to restore their economic and social base. The
entitlements adopted for the PRIME and SCORE Projects were guided
by the applicable national laws and regulations and WB ESF. The
entitlements may be further revised based on actual impacts, if
applicable, in resettlement plans.

December 2021

FINAL

vi

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Gender Mainstreaming

The process of ensuring that gender concerns and women’s needs andperspectives are explicitly considered in projects and programs, andthat women participate in the decision-making processes associatedwith development-based activities.

Indigenous Persons

WB ESS7: Referring exclusively is a generic term used to refer to a
distinct, vulnerable, social and cultural group possessing the following
characteristics in varying degrees: (i) self- identification as members ofa distinct indigenous social and cultural group and recognition of thisidentity by others; and (ii) collective attachment to geographicallydistinct habitats, ancestral territories or areas of seasonal use or
occupation, as well as to the natural resources in these areas; and (iii)
customary cultural, economic, social, or political institutions that are
distinct or separate from those of the mainstream society or culture;and (iv) a distinct language or dialect, often different from the official
language or languages of the country or region in which they reside.

Income Restoration

Means re-establishing income sources and livelihoods of projectaffected households to a minimum of the pre-project level.

Involuntary
Resettlement

Project-related land acquisition or restrictions on land use may cause
physical displacement (relocation, loss of residential land or loss ofshelter), economic displacement (loss of land, assets or access toassets, including those that lead to loss of income sources or othermeans of livelihood), or both. The term “involuntary resettlement” refers
to these impacts. Resettlement is considered involuntary whenaffected persons or communities do not have the right to refuse landacquisition or restrictions on land use that result in displacement.

Land Acquisition

All methods of obtaining land for project purposes, which may include
outright purchase, expropriation of property and acquisition of accessrights, such as easements or rights of way. Land acquisition may also
include: (a) acquisition of unoccupied or unutilized land whether or not
the landholder relies upon such land for income or livelihood purposes;(b) repossession of public land that is used or occupied by individuals
or households; and (c) project impacts that result in land being
submerged or otherwise rendered unusable or inaccessible. “Land”
includes anything growing on or permanently affixed to land, such as
crops, buildings and other improvements, and appurtenant water
bodies.

Livelihood

The full range of means that individuals, families, and communities
utilize to make a living, such as wage-based income, agriculture,
fishing, foraging, other natural resource-based livelihoods, petty trade,and bartering.

Meaningful
Consultation

WB ESF / ESS10: a two-way process that (a) begins early in the aproject planning process to gather initial views on the project proposal
an inform project design; (b) encourages stakeholder feedback,particularly as a way of informing project design and engagement by
stakeholders ion the identification and mitigation of environmental andsocial risks and impacts; (c) continues on an ongoing basis, as risks
and impacts arise; (d) is based on the prior disclosure andDecember 2021

FINAL

vii

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

dissemination of relevant, transparent, objective, meaningful andeasily accessible information in a timeframe that enables meaningful
consultations with stakeholders, in a culturally appropriate format, in
relevant local language(s) and in understandable to stakeholders;considers and responds to feedback; (f) supports active and inclusive
engagement with project-affected parties; (g) is free of externalmanipulation, interference, coercion, discrimination, and intimidation;and (h) is documented and disclosed by the Borrower.
Physical Displacement

This means relocation, loss of residential land, or loss of shelter as aresult of (i) involuntary acquisition of land, or (ii) involuntary restrictions
on land use or on access to legally designated parks and protectedareas.

PRIME Roads

PRIME will only fund identified primary roads and associated roadinfrastructure. Roads that will be assessed as part of Technical
Assistance (TA) aspects of the PRIME Project, including theVulnerability Assessment (VA), Climate Resilient Road Strategy(CRRS) and Environmental and Social Assessment (ESA) studies,
which include the majority of the existing ‘primary roads’ on the mainislands of each Federated States of Micronesia (FSM) State, and some
additional secondary roads that are considered to be of strategic and/or
economic importance by DoTC&I. Only the primary roads identified
will be funded under Component 2 of the PRIME Project. Any
recommended improvements identified by the VA/CRRS on thesecondary roads will not be considered for funding under Component
2 of PRIME, however they are to be included for investment under
SCORE (see below).

SCORE Roads

Roads that will be assessed as part of Technical Assistance (TA)
aspects of the PRIME Project, including the VA, CRRS and ESA
studies, which include the majority of the existing ‘primary roads’ on
the main islands of each FSM State, and some additional secondary
roads that are considered to be of strategic and/or economic
importance by DoTC&I. Only the strategic secondary roads identified
will be funded under Component 2 of the SCORE Project.

Project Affected
Persons

Includes any person, households, entity, organizations, firms or private
institutions who, on account of changes that result from the Project will
have their (i) standard of living adversely affected, (ii) right, title, orinterest in any house, land (including residential, commercial,
agricultural, forest, plantations, grazing, and/organizing land), water
resources, communal fishing grounds, annual or perennial crops andtrees, or any other moveable or fixed assets acquired, possessed,
restricted, or otherwise adversely affected, in full or in part,
permanently or temporarily; and/or (iii) business, occupation, place ofwork or residence, or habitat adversely affected, permanently or
temporarily, with or without displacement.

Replacement Cost

A method of valuation yielding compensation sufficient to replace
assets, plus necessary transaction costs associated with asset
replacement. Where functioning markets exist, replacement cost is themarket value as established through independent and competent real

December 2021

FINAL

viii

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

estate valuation, plus transaction costs. Where functioning markets do
not exist, replacement cost may be determined through alternativemeans, such as calculation of output value for land or productive
assets, or the undepreciated value of replacement material and laborfor construction of structures or other fixed assets, plus transaction
costs. In all instances where physical displacement results in loss ofshelter, replacement cost must at least be sufficient to enable purchaseor construction of housing that meets acceptable minimum community
standards of quality and safety. The valuation method for determining
replacement cost should be documented and included in relevant
resettlement planning documents. Transaction costs include
administrative charges, registration or title fees, reasonable moving
expenses, and any similar costs imposed on affected persons. To
ensure compensation at replacement cost, planned compensation
rates may require updating in project areas where inflation is high or
the period of time between calculation of compensation rates anddelivery of compensation is extensive.
Restrictions
Use

on

land

Limitations or prohibitions on the use of agricultural, residential,commercial or other land that are directly introduced and put into effectas part of the project. These may include restrictions on access tolegally designated parks and protected areas, restrictions on access toother common property resources, restrictions on land use within utility
easements or safety zones.

Security of Tenure

Resettled individuals or communities are resettled to a site that they
can legally occupy, where they are protected from the risk of eviction
and where the tenure rights provided to them are socially and culturally
appropriate. In no event will resettled persons be provided tenure rightsthat are in effect weaker than the rights they had to the land or assets
from which they have been displaced.

Vulnerable Road Users

Road users who are more vulnerable to harm because they are not ina vehicle, including pedestrians, motorcyclists, cyclists, and those on
animals or animal drawn carts.

December 2021

FINAL

ix

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

1.

Introduction

1.1

Environmental and Social Assessment Overview
The Government of Federated States of Micronesia (GoFSM) has applied for financing
from the World Bank (WB) for the Prioritized Road Investment and Management
Enhancements (PRIME) and Strategic Climate-Oriented Road Enhancements (SCORE)
Projects to improve the climate resilience of FSM’s road network. Part of the PRIME and
SCORE Projects include the assessment of environmental and social risks including:(i)

Environmental and Social Assessment (ESA);(ii) Preparation of environmental and social instruments in accordance with the WB
Environmental and Social Framework (ESF);(iii) Support stakeholder consultation activities; and(iv) Provision of technical environmental and social advice as required to the GoFSM
as part of project preparation.
The GoFSM, through the Department of Transportation, Communications andInfrastructure (DoTC&I), with assistance from the FSM Department of Financial
Administration (DoFA) Central Implementation Unit’s (CIU) safeguard team and external
consultants, has undertaken the preparation of the instruments required for WB appraisal
including development of a Resettlement Framework (RF) incorporating both PRIME and
SCORE Projects.

1.2

Resettlement Framework

1.2.1

Purpose and Scope of the Resettlement Framework
As outlined in the World Bank Environmental and Social Framework 2017 (ESF), thepurpose of the Resettlement Framework (RF) is to clarify resettlement principles,organizational arrangements and design criteria to be applied to works or projectcomponents to be prepared during project implementation.
The RF is appropriate given the PRIME and SCORE Projects consist of a program and/or
series of climate resilience road works in each State and the risks associated with land or
asset loss or livelihood impacts cannot be determined until the program or works details
have been identified and designed.
While some initial road works have been identified (refer Component 2 – PRIME project)
as requiring urgent works, the design of the required works has not yet been undertaken
and the full extent of impacts are not yet known. The additional road works that will form
the PRIME and SCORE Projects will be identified as part of the Vulnerability Assessment(VA) and Climate Resilient Road Strategy (CRRS) studies. As part of these studies a multicriteria assessment will be undertaken to prioritize the urgency of works and works that will
be funded by the PRIME Project. Environmental and social risk screening will be part ofthe multi-criteria analysis.
Once the works are defined for the PRIME and SCORE Projects and the necessary
information becomes available the RF will be expanded into specific plans proportionate
to potential risks and impacts for each specific road work.

December 2021

FINAL

1

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

As set out in Environmental and Social Standard (ESS) 5: Land Acquisition, Restriction on
Land Use and Involuntary Resettlement (ESS 5) of the ESF, the RF is to cover the following
elements:(a) A brief description of the project and components for which land acquisition andresettlement are required and an explanation of why a resettlement policy
framework rather than a resettlement plan is being prepared;(b) Principles and objectives governing resettlement preparation and implementation;(c) A description of the process for preparing and approving resettlement plans;(d) Estimated displacement impacts and estimated numbers and categories ofdisplaced persons, to the extent feasible;(e) Eligibility criteria for defining various categories of displaced persons;(f)

A legal framework reviewing the fit between borrower laws and regulations and WB
policy requirements and measures proposed to bridge any gaps between them;(g) Methods of valuing affected assets;(h) Organizational procedures for delivery of compensation and other resettlement
assistance, including, for projects involving private sector intermediaries, theresponsibilities of the financial intermediary, the government, and the private
developer;(i)

A description of the implementation process, linking resettlement implementation
to civil works;(j)

A description of grievance mechanisms (GM);(k) A description of the arrangements for funding resettlement, including the
preparation and review of cost estimates, the flow of funds, and contingency
arrangements;(l)

A description of mechanisms for consultations with, and participation of, displaced
persons in planning, implementation, and monitoring; and(m) Arrangements for monitoring by the implementing agency and, if required, by thirdparty monitors.
The RF includes measures to ensure that:•

Project Affected Person/s (PAPs) are informed about their options and rights
pertaining to livelihood restoration and compensation; adequate consultation isundertaken and PAPs are offered choices among compensation alternatives; andPAPs are provided prompt and effective replacement or compensation at full
replacement cost for lost assets; and•Transitional support is provided as necessary to all economically displaced persons
based on a reasonable estimate of the time required to restore their income earning
capacity, production levels, and standards of living.

To attain these measures, particular attention must be paid to the needs of vulnerable
groups among the PAPs, especially those with low income, the landless, the elderly andinfirm or other people experiencing displacement impacts but who may not be protected
through national land compensation legislation.
December 2021

FINAL

2

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

1.2.1.1

Covid-19 Pandemic
On March 11, 2020, the World Health Organization (WHO) declared a global pandemic inresponse to the global spread of the severely infectious 2019 Novel Coronavirus (SARSCoV-2, or ‘Covid-19’).
FSM is particularly vulnerable to the risk of Covid-19 due to its economic reliance oninternational travel of residents, tourists, and trade. Although no cases have been reported
in the FSM to date (as at 1 November 2021), both international and domestic (i.e. interState) travel restrictions have been in place in FSM since March 2020 with strict quarantine
requirements for travelers.
Consultation meetings were facilitated by the State-based ESA consultant team members
under the guidance of the CIU safeguard team and international consultants. While initialefforts were made to allow off island ESA team members access to participate in online
video conferencing, limited and unreliable internet access hindered participation.
The FSM state-based ESA consultant team were provided with training and consultationmaterial (including presentation, project summary, agenda, meeting minutes template andattendee lists) by the CIU safeguard and consultant team prior to consultation meetings.
This was undertaken to ensure consistency in the messages being communicated to
stakeholders across all four FSM States, to ensure valuable feedback was provided andto manage stakeholder expectations. An internal debrief meeting was then held after the
meeting to discuss any issues raised by the stakeholders and learnings from the process
for each project.

1.2.2

Resettlement Framework Objectives
The over-riding objective of the RF is to ensure that all Project Affected Persons (PAPs)
are fairly compensated for their losses and provided with rehabilitation measures to assist
them to improve, or at least maintain, their pre-Project living standards, livelihoods, andincome earning capacity. The key objectives of this RF are to:•Assess and develop livelihood restoration and compensation measures to ensurethat every affected household maintains an equivalent or better standard of living as
they had prior to economic displacement;•

Establish the entitlements of PAPs and/ or communities;•

Outline a strategy for preparing detailed cost estimates of all measures required toachieve the successful implementation of the livelihood restoration andcompensation program;•

Identify strategies to improve local living conditions and generate economic
opportunities, with particular focus on providing opportunities for people whose land
is directly impacted by the Projects;•

Identify the institutional arrangements and responsibilities of Department ofTransport, Communications and Infrastructure (DoTC&I), other FSM Government
authorities, communities and other stakeholders required to implement the RF; and•Provide recommendations to ensure affected households and other stakeholders will
be consulted on the RF process and provide meaningful input into the design of theoverall compensation strategies.

Guiding principles applied in the preparation of this RF include:
December 2021

FINAL

3

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework•

Land to be secured for the Project via Voluntary Land Donation (VLD) where suitable
and agreeable to affected land owners and occupants. The VLD process is to beproperly managed and documented in accordance with ESS5 (Footnote 10).

•To avoid involuntary resettlement or, when unavoidable, minimize involuntary
resettlement by exploring project design alternatives.

•

To avoid forced eviction.

•

To mitigate unavoidable adverse social and economic impacts from land acquisition
or restrictions on land use by:(a) Providing timely compensation for loss of assets at replacement cost, and(b) Assisting displaced persons in their efforts to improve, or at least restore, theirlivelihoods and living standards, in real terms, to pre-displacement levels or tolevels prevailing prior to the beginning of project implementation, whichever ishigher.

1.2.3•

To improve living conditions of poor or vulnerable persons who are physicallydisplaced, through provision of adequate housing, access to services and facilities,
and security of tenure.

•

To conceive and execute resettlement activities as sustainable development
programs, providing sufficient investment resources to enable displaced persons tobenefit directly from the project, as the nature of the project may warrant.

•

To ensure that resettlement activities are planned and implemented with appropriate
disclosure of information, meaningful consultation, and the informed participation of
those affected.

Links with Other Documents
This RF is one of several environmental and social instruments developed to support
management of the environmental and social aspects of the PRIME and SCORE Projects.
Other key E&S documents prepared by the ESA consultants for project appraisal include:•

Environmental and Social Management Framework (ESMF).

•

Stakeholder Engagement Plan (SEP).

•

Environmental and Social Commitment Plan (ESCP).

Documents to be prepared during project implementation include:•

Labor Management and Health & Safety Procedures (LMP).

•

Generic Environmental and Social Management Plan (ESMP).

In particular, the RF draws on the ESMF which includes a baseline assessment of theenvironmental and social conditions along the road network being considered as part of
the PRIME and SCORE Projects.

December 2021

FINAL

4

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

2.

Project Background and Rationale

2.1

Overview of the ‘PRIME’ and ‘SCORE’ Projects
The Prioritized Road Investment and Management Enhancements (PRIME) Project andStrategic Climate-Oriented Road Enhancements (SCORE) Projects will provide funds fortechnical assistance and institutional strengthening to improve the management of the road
network in relation to potential climate change impacts for the FSM. PRIME will fund thedesign and construction of road upgrades on the primary road networks whilst SCORE willfund the design and construction of road upgrades on strategic priority secondary roads ineach state to improve resilience to climate-related hazards or events.
FSM faces significant challenges related to its small size, remoteness, geographicaldispersion, environmental fragility and sensitivity to external shocks. Climate projections
predict elevations in air temperature, frequency of days of extreme, increased rainfall andrising sea levels. Sea level rise combined with natural year-to-year changes will accentuate
the impact of storm surges and coastal flooding.
FSM’s transport network is of critical importance to the country’s economy and economic
development through supporting trade and promoting commercial activity by facilitating the
movement of goods and services, and providing safe and efficient access to social services
including schools and health facilities. Critical climate resilient road, bridge and/or
drainage improvement works to be implemented urgently to maintain a basic level of landtransport connectivity in each state will be identified as part of the Projects. The potential
geographic extent of these works is described and shown in Section 2.4.
While some initial road works have been identified as requiring urgent works (refer
Component 2 of each project), the design of the required works has not yet been
undertaken and the full extent of impacts are not yet known. The additional works that will
form the PRIME and SCORE Projects will be identified as part of the Vulnerability
Assessment (VA) and Climate Resilient Road Strategy (CRRS) studies funded under the
PRIME project. As part of these studies a multi-criteria assessment will be undertaken toprioritize the urgency of works and works that will be funded by the projects. Preliminary
environmental and social risk screening will be part of the multi-criteria analysis.

2.2

Climate Adaptation and Resilience Objectives
Frequent natural disasters and climate change impacts impose high costs and may eventhreaten the physical viability of some areas of both the main islands of FSM and more
remote outer islands. Droughts, typhoons, storm waves, flooding and landslides all affect
FSM.
FSM is particularly vulnerable to the impacts of climate change and is likely to suffer
serious adverse environmental, social and economic losses as a result of climate change
induced hazards. Many people live within the coastal zone and are therefore vulnerable
to climate related changes in precipitation, sea level, storms and coastal erosion.
The negative impacts of climate change are already evident in FSM, for instance, saltwater
intrusion from rising sea levels that damage crops and contaminate freshwater supplies
and increasing extreme weather events such as typhoons. In addition, as drought and sea
level rise are amplified by regional El Niño Southern Oscillation (ENSO) processes,
formerly sustainable atoll communities now rely on imported food and water during timesof stress. Exacerbated by sea level rise, extreme spring tides, known in FSM as ‘King

December 2021

FINAL

5

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Tides’, are causing site-specific intense marine inundation that damages taro beds, soil,
agro-forestry resources, and critical infrastructure along the coast, especially on low atoll
islets.
Similar to other Small Island Developing States (SIDS), FSM is vitally dependent on accessto well-functioning and reliable transportation systems. FSM’s road network is of criticalimportance to the country’s economic development. It provides for the day-to-day wellbeing of its people by increasing their access to economic activities and social services. It
is estimated that around 75% of the population lives within 1 km of the coast, and criticalinfrastructure - such as hospitals, schools, government offices, places of employment,
tourist infrastructure, port facilities, airports, and roads–is located primarily in the coastal
zone. The country’s road network and users already suffer regular temporary – sometimes
only for hours, but occasionally longer - breaks of serviceability as vulnerable links or
locations can be frequently rendered impassable and journeys disrupted by flooding, debris
deposit, culvert, bridge and/or pavement damage.
Expected climate change effects - the combination of rising sea level and more intense
typhoons – will place these coastal assets and communities at a higher level of risk. The
FSM road network faces a range of vulnerability issues, in particular:(i)Coastal exposure to sea-level rise, storm surge, wave action during spring tides
and typhoons;(ii) Inland flooding and landslips during extreme rainfall events; and(iii) Accelerated pavement deterioration due to extreme weather and rising watertables in some locations.

2.3‘PRIME’ and ‘SCORE’ Investments and Activities
The PRIME and SCORE Projects are included within the WB’s Pacific Climate Resilient
Transport Program (PCRTP) series of projects, and will make significant investments in arange of climate resilient infrastructure.
Project activities will primarily take place within existing primary (PRIME) and secondary(SCORE) road corridors, or immediately adjacent to the road to improve erosion protection,
drainage or safety features. All roads considered for assistance under these projects areto be existing and are strategical and economically important for the individual statetransport networks.
The three and four key components of the PRIME and SCORE Projects respectively, areoutlined below.

2.3.1

PRIME Component 1: Spatial and Sector Planning Tools
This Component involves Technical Assistance (TA) that will improve the way that climatechange is addressed in FSM’s road sector to enable policymakers to make informed
decisions based on the most accurate and up-to-date information available. The following
activities are proposed under Component 1:a) Vulnerability Assessment (VA) and Climate Resilient Road Strategy (CRRS).
Preparation and implementation of a VA and CRRS to assess levels of vulnerability
to climate change and severe weather events (e.g. sea-level rise, extreme rainfall,landslide, storm surge, etc.) across FSM’s existing primary road corridors and
GoFSM selected existing strategic secondary road corridors. The VA and CRRS
will also identify measures to enhance resilience and prioritize investments to

December 2021

FINAL

6

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Frameworkbalance vulnerability reduction against cost implication. Training will be provided
to relevant national and state officials in the use of VA and CRRS tools. Thesestudies are currently underway (November, 2021).
b) Climate-informed road asset management systems. Provision of hardware,
software and ancillary tools to establish climate-informed road asset management
systems to be used by DoTC&I and State Road Authorities. Training has been
and will be provided to relevant National and State officials in the use of thesesystems.

2.3.2

PRIME Component 2: Climate Resilient Infrastructure Solutions
This Component involves feasibility studies, design and construction of identified priority
road assets to improve their resilience to climate-related hazards. The integration ofclimate change considerations into infrastructure activities will help strengthen theresilience of assets and improve functionality of the road network. Component 2 is split
into two parts:a) Urgent Priority Works (including design and supervision). Critical climate resilientroad, bridge, causeway or drainage improvement works that should be
implemented urgently to maintain a basic level of road connectivity in each state.
Project E&S screening and physical works are expected in early 2022 and 2023,
respectively. Urgent works proposed for financing under the PRIME Project
include:(i) Improving the narrow, low-level Lelu causeway in Kosrae;(ii) Replacing the 12 m Awak bridge in Pohnpei;(iii) Improving the 2.5 km airport to Pou Bay bridge road in Chuuk; and(iv) Replacing two short-span (6 m long) steel and concrete composite bridges
in Yap.
b) Works informed by the VA and CRRS (including design and supervision). In
addition to the urgent priorities under Sub-component 2a, a selection of near,medium and long-term road works would be financed to enhance the resilience ofthe network in each state to climate change impacts and natural hazards, inaccordance with the recommendations from the VA and CRRS undertaken as partof Component 1. Works will be restricted to road networks within the existing
primary road corridors. It is expected that physical works will not commence until
year 3 (2022) of the Project.
Interventions are expected to include measures to strengthen network resilience,
including but not necessarily limited to:(i)Pavement and surface strengthening – periodic maintenance, repairs,
rehabilitation or reconstruction of existing road pavement layers and/or
surfacing, including provision of sealed shoulders and raising road levels;(ii) Drainage improvements – provision, reinstatement and/or lining of
longitudinal drainage, replacement and/or increasing capacity of crossdrainage culverts, improving open or covered outfalls, provision of subsoil
drainage and cut-off drains;

December 2021

FINAL

7

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework(iii) Spot slope stabilization – widening and/or reducing slope of cuttings andfill embankments to reduce landslip risk, soil bioengineering andbiotechnical stabilization techniques, and anchoring of unstable rockslopes;(iv) Rock wall revetment strengthening – for protection of coastal roadsections;(v) Improvements to causeways and bridges – repairs or reconstruction ofexisting crossings and/or provision of new crossings to provide safe, allweather access for vehicles and pedestrians; and(vi) Road safety improvements – traffic calming measures, provision ofguardrails, line marking and minor realignments to improve sight distance.
Design of civil works will conform to international design codes of practice such as
Austroads 1 for road and bridge design. Specifications for all works and materials will also
be in accordance with international standards, making use of innovative materials andapproaches if they will enhance climate resilience.
Once the proposed Component 2 works have been identified as part of the VA/CRSS
prioritization process, early environmental and social risk screening will identify significant
impacts that require avoidance and mitigation and will contribute to project selection for
funding under the PRIME Project prior to commencement of preliminary design for theworks.
Further environmental and social risk screening will be undertaken once concept
preliminary designs have been developed to determine whether:(i) There are high risk (significant) environmental and/or social aspects of these works
that could prevent the works from being included under the PRIME Project;(ii) Works could be designed in a way to minimize environmental and social impacts;or(iii) Specific environmental assessments (such as ESIAs) and ESMPs, and Land
Access Reports/Plans are to be prepared. If works are subsequently redesigned,
further screening may be appropriate.

2.3.3

PRIME Component 3: Strengthening the Enabling Environment
This Component will provide funding to support institutional and regulatory reforms for road
sector asset management and maintenance, including measures to strengthen local
capacity and to increase the sustainability of climate resilient road sector investments. In
addition, this Component will help to strengthen coordination among relevant institutions,will look at ways in which road sector management can be improved, and will address any
emerging priority issues that can help support GoFSM in addressing climate change risks.
Proposed sub-components include:a) Institutional and Governance Review. A review of institutional arrangements,
key policies, regulations, legislation and roles and responsibilities of principle
stakeholders involved in the road sector with recommendations to strengthen sucharrangements. This review is currently underway (November, 2021).

1 https://austroads.com.au/

December 2021

FINAL

8

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Frameworkb) Project Management. Establishment and maintenance of a Project
Implementation Unit (PIU) to support the implementation of the PRIME Project. In
addition, this includes operating costs for PRIME-related travel andcommunications costs. The PIU has been established and is operational(November, 2021). The PRIME PIU will also be responsible for the SCORE project
once approved.
c) Road Safety Program. Provision of technical assistance activities to improve roadsafety.
d) Capacity Building Initiatives. Assess current preventive maintenance techniques
and industry capacity. Provide technical trainings to sector agencies and local
consultants and contractors to better operate and regulate a more climate resilient
road network.
e) Gender-informed Driver Licensing Pilot. A pilot program to study and implement
activities that address gaps in the possession of a driver’s license.
f)

Emerging Priority Issues. Providing technical assistance to strengthen the
Recipient’s capacity to address emerging priority issues that could have an impact
on the Recipient’s ability to manage a climate resilient road network.

Environmental and social instruments outlined in Section 1.2.3 (e.g. ESMF, LMP, SEP
and ESCP), provide the methods to manage the environmental and social risks relating to
the technical advisory services that will be funded under this component. These
instruments are relevant for all activities under each Component. Environmental and social
instruments specifically relevant to Component 3 include the ESMF, ESCP, SEP and LMP.

2.3.4

SCORE Component 1: Spatial and Sector Planning Tools
This component will provide Technical Assistance (TA) to support FSM in the way that climatechange is addressed in the road sector through analytical and sector planning tools that enable
policymakers to make informed decisions based on the most accurate and up-to-date
information available.
The following activities are proposed under Component 1:a) Finance spatial and sector planning tools. To provide specific funds to further
develop the PRIME funded Vulnerability Assessment (VA) and Climate Resilient Road
Strategy (CRRS) to assess levels of vulnerability to climate change and severe weather
events (e.g., sea-level rise, extreme rainfall, landslide, storm surge, etc.) across FSM’sexisting primary road corridors and GoFSM selected existing strategic secondary roadcorridors. The VA and CRRS will also identify measures to enhance resilience andprioritize investments to balance vulnerability reduction against cost implication.
Training will be provided to relevant national and state officials in the use of VA andCRRS tools.
b) Establishment of a Crash database: Preparation of a climate-informed Road Crash
Database based on the outcomes of the PRIME Road Safety Diagnostic. The
establishment of a crash database will allow for the recording and analysis of allroad accident data, thereby enabling an evaluation of contributing factors to thecrashes. The free, open-source (Data for Road Incident Visualization, Evaluation,
and Reporting) DRIVER software developed by the World Bank (WB) for thePhilippines, and now rolled out to 10 other countries, is a promising software to use
as the crash database. The intention is to link the database to the Road AssetManagement System (RAMS) that is being set up under PRIME. Staff hired for the
Data Collection Unit (under Component 3) would be trained to manage andeffectively use the road crash database.

December 2021

FINAL

9

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

2.3.5

SCORE Component 2: Climate Resilient Infrastructure Solutions
This Component involves feasibility studies, design, and construction of identified priority
strategic secondary road assets to improve their resilience to climate-related hazards and/or
events. The integration of climate change considerations into infrastructure activities will
help strengthen the resilience of assets and improve functionality of the road network. The
VA and CRRS under PRIME will guide the investments to be included within thisComponent. Interventions are expected to include measures to strengthen network
resilience, including but not necessarily limited to:
•

•

•

•
•

•
•
2.3.6

Pavement and surface strengthening – periodic maintenance, repairs, rehabilitation
or reconstruction of existing road pavement layers and/or surfacing, including
provision of sealed shoulders and raising road levels;
Drainage improvements – provision, reinstatement and/or lining of longitudinal
drainage, replacement and/or increasing capacity of cross drainage culverts,
improving open or covered outfalls, provision of subsoil drainage and cut-off drains;
Spot slope stabilization – widening and/or reducing slope of cuttings and fillembankments to reduce landslip risk, soil bioengineering and biotechnicalstabilization techniques, and anchoring of unstable rock slopes;
Rock wall revetment strengthening – for protection of coastal road sections;Improvements to causeways and bridges – repairs or reconstruction of existing
crossings and/or provision of new crossings to provide safe, all weather access forvehicles and pedestrians;
Road safety improvements – traffic calming measures, provision of guardrails, line
marking and minor realignments to improve sight distance.
Other improvements to causeways and bridges as required.

SCORE Component 3: Strengthening the Enabling Environment
This Component will help to strengthen coordination among relevant institutions, will look atways in which road sector management can be improved, and will address any emerging
priority issues that can help support the Government in addressing climate change risks.
Considering SCORE is an extension (including the strategic secondary roads) of the PRIME
project, the same PIU and CIU staff involved in PRIME will also be involved in the
preparation and implementation of SCORE. This component includes the following activities:a) Project Management. Provide operating funds for SCORE related travel andcommunications costs. It also includes provision of technical assistance activities toassess environmental and social risks, its impacts and the preparation ofenvironmental and social safeguard instruments that enhance the sustainability of
SCORE’s climate resilient road sector activities in accordance with the WB ESF andlaws of the FSM.
b) Road Safety Program. Provision of technical assistance activities to improve roadsafety more climate resilient road network. This will include baseline and detailed
design stage road safety audits and post-construction road safety audits for all roadworks. The road safety audits will also include access audits 2 for persons withdisabilities. The purpose of these road safety audits is to identify areas of concern
for the safety of all road users. The audits will systematically analyze the potential
risks making the infrastructure unsafe. The recommendations arising out of theseaudits will inform the detailed design of the works to mitigate the hazards. Follow-up
technical assistance to implement the recommendations of the PRIME Road Safety
Diagnostic may also be financed under this Sub-component.

2 The access audits will identify areas of concern and recommend related improvements to selected infrastructure for

persons with disabilities.
December 2021

FINAL

10

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Frameworkc) Material Testing Laboratory. Geotechnical investigations during design of road andbridge improvements require a range of materials tests, and construction works
contracts require extensive testing, by both contractor and employer, of granularmaterials for pavement layers, bituminous and asphaltic materials for flexible
surface layers, and concrete and steel for structures and concrete pavements. The
project will provide technical assistance and equipment for the establishment andinitial operation of a government-owned materials testing laboratory in FSM.
d) Transport Sector Data Collection Unit. This is expected to include the developmentof a transport sector data collection unit housed within DoTC&I. With thestrengthening of sectoral and spatial planning tools and more robust data-driven
analysis the need for a dedicated team with requisite technical skills to gather andmaintain vital data relevant to transport sector management has become apparent.
It is expected that SCORE would initially fund five posts – one junior level officer foreach state and a senior consultant under DoTC&I (the first two years of project
implementation), after which time the individuals will be employed under contract to
GoFSM. The funding source for these positions would then transition to GoFSM
budget.
e) Gender and gender-based violence (GBV) Initiatives. SCORE will complement
activities under PRIME that enhance women’s representation in technical roles
within the DoTC&I and provide support to DoTC&I Gender Equality Program.
SCORE will also provide support to address potential SEA and SH concerns related
to Project implementation. The following support will be provided to reduce SEA andSH prevalence levels in FSM: (i) provide training to Project workers; (ii) conduct
community awareness raising activities; (iii) support GBV survivors throughstrengthening of services of for local service providers; and (iv) establish a referral
pathway for GBV survivors.
f) Sustainable Motorization Management. technical assistance that would
recommend policy interventions and implementation arrangements to assist GoFSM
to better manage what vehicles are allowed into the country, how these vehicles areoperated and maintained throughout their lifecycle, and what to do with vehicles
when they are considered to have reached end-of-life- status. Better managing the
motorized vehicle fleet is important for both climate change mitigation andadaptation.
g) Emerging Priority Issues.
Providing technical assistance to strengthen the
Recipient’s capacity to address emerging priority issues that could have an impact on
the Recipient’s ability to manage a climate resilient road network.

2.3.7

SCORE Component 4: Contingent Emergency Response

Contingent Emergency Response Component. This component is designed to provide
swift response in an event of an Eligible Crisis or Emergency 3, by enabling GoFSM to request
the WB to re-allocate project funds to support emergency response and reconstruction. The
Contingent Emergency Response Component (CERC) may be used following natural
disasters or other crises and emergencies, allowing funds to be reallocated from othercomponents of the SCORE project.

2.4

Project Location

2.4.1

National Context
FSM is located near the equator about 4,000 km southwest of the Hawaiian Islands in theWestern Pacific Ocean and within the Caroline Islands group. The largest nation in theMicronesian sub-region, FSM is made up of four semi-autonomous states (Kosrae,

3 Defined as “an event that has caused, or is likely to imminently cause, a major adverse economic and/or social impact

associated with natural or man-made crises or disasters”, Paragraph 12, Bank Policy: Investment Project Financing,
Projects in Situations of Urgent Need of Assistance or Capacity Constraints.

December 2021

FINAL

11

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Pohnpei, Chuuk and Yap) located between Marshall Islands to the east and Palau and thePhilippines to the west (refer Figure 2-1).
FSM is made up of 607 islands scattered over an area of about 2.6 million km 2, including
its Exclusive Economic Zone (EEZ), in the western Pacific Ocean. The total land area of
FSM is 704.6 km2, with 7,192 km2 of lagoon area. The islands vary from small islets, which
are inundated at high tide, to atolls and large volcanic islands with land area of more than
80 km2. Approximately 65 (approx. 10%) of the islands are inhabited.
In general, there is only one primary, circumferential route on each of the four main FSM
Island states. In addition, most of the population in FSM lives close to the coast, and criticalinfrastructure including roads, schools, places of employment, port facilities, tourist
facilities, power plants and airports, are located primarily in the coastal zone.

Figure 2-1: Location of FSM States: Kosrae, Pohnpei, Chuuk and Yap

2.4.2

Extent of PRIME and SCORE Roads
The project roads have been defined as the roads that will be assessed as part of Technical
Assistance aspects of the PRIME Project, including the VA/CRRS and ESA studies, which
include the majority of the existing ‘primary roads’ on the main islands of each FSM State,and some additional secondary roads that are considered to be of strategic and/or
economic importance by DoTC&I and counterpart State government agencies. The extent
of the PRIME and SCORE Roads in each State is shown in the sections below.
Only works that have been prioritized for primary roads identified by the VA/CRRS will be
eligible for funding under Component 2 of the PRIME Project. Only works that have beenprioritized for strategic secondary roads identified by the PRIME funded VA/CRRS will be
eligible for funding under Component 2 of the SCORE project.
The exact location of works, and the proportion of both project roads that will have climate
resilient road works funded by the projects will vary between States depending on theprioritization process and the nature of the works proposed.

December 2021

FINAL

12

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

2.4.2.1

Kosrae State
The primary road network in Kosrae consists of the coastal road which circles two-thirdsof the island, built largely on the coastal strand bordered by mangrove forest and coastal
shoreline, from Utwe in the south through to the Airport at Okat in the northwest. The
PRIME Road extent on Kosrae includes much of the primary road network, and areprovided (white) in Figure 2.2.
The strategic secondary road asset network consists of smaller roads providing access toproperties in the islands interior and/or alternative traditional routes. The secondary roadto the north east of the island (refer Figure 2-2) is considered by DCT&I to be of strategicand economic importance to Kosrae as an alternative higher level access route andcommercial activity on that road.

Figure 2-2: Extent of PRIME (white) and SCORE (red) Roads on Kosrae..

December 2021

FINAL

13

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

2.4.2.2

Pohnpei StateThe Primary road network in Pohnpei consists of a paved 77 km coastal circumferential
road, built largely on the coastal strand bordered by mangrove forest and coastal
foreshore. The PRIME road extent on Pohnpei is provided (yellow) in Figure 2.3.
The strategic secondary road asset network consists of smaller roads providing access toproperties in the island interior and/or alternative/traditional routes. The strategic
secondary roads identified by DCT&I include; i) the road southwest of the island capital,
Kolonia provides an alternative higher level access route to the nation’s capital (Palikir) as
well as servicing the island power plant, wastewater treatment plant and residential houses
and ii) and the road that services Nan Madol, a significant archaeological site (tourism) on
the eastern shore of Pohnpei that has been declared a United Nations Educational,
Scientific and Cultural Organization (UNESCO) World Heritage Site (Figure 2-3).

Figure 2-3: Extent of PRIME (yellow) and SCORE (red) Roads on Pohnpei.

December 2021

FINAL

14

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

2.4.2.3

Chuuk StateThe Chuuk State capital is located on Weno Island has a circumferential road that is
approximately 18.5 km in length, includes several additional inland roads servicing thetownship (community and commercial center). The Weno primary road network within thetownship is paved and varies in road surface condition, whilst outside of the main capital
the road network is in very poor condition. The PRIME road extent on Weno Island,
includes much of the primary road network and are provided (white) in Figure 2.4.
The strategic secondary road asset network identified by DoTC&I consists of smaller roads
providing access to properties in the island interior and/or alternative/traditional routes, forexample: the secondary road to the north east of the island, north and south Pou roads(refer Figure 2-4 red) are considered by DoTC&I to be of strategic and economic
importance to the communities of Weno as an alternative access route connecting thecommunities on the northern and southern side of the island to the islands government
services (e.g. hospital) and commercial activities.

Figure 2-4: Extent of PRIME (white) and SCORE (red) Roads on Chuuk.

December 2021

FINAL

15

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

2.4.2.4

Yap State
The primary road network on Yap consists of a coastal and inland roads network andincludes three primary roads: the main trunk road that runs from the southern end of Yap
Island in Magachil to the northern end of Maap Island; the Yap Central Loop; and a roadthat branches off the main trunk road serving the districts of Gagil. The PRIME Road extent
on Yap consists of the primary road network, plus additional branches of the road to Ruu
and Bugol as shown in white in Figure 2-5.
The strategic secondary road asset network consists of smaller roads providing access tothe villages and properties in the island interior and/or alternative/traditional routes. The
secondary road to the north west of the island, (refer Figure 2-5 red) is considered by
DoTC&I to be of strategic and economic importance to the communities of Yap as analternative access route connecting the communities on the east and west sides of theisland to the islands government services (e.g. hospital) and commercial activities.

Figure 2-5: Extent of PRIME (white) and SCORE (red) roads on Yap.

December 2021

FINAL

16

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

3.

Legislative and Regulatory Framework

3.1

FSM National Government Legislation and Regulations

3.1.1

Overview
The GoFSM is modeled after the federal system similar to that of the United States with anational president and four state governors with respective legislatures and judiciaries. The
states of Pohnpei, Chuuk and Yap have four levels of governance – National, State,municipal, and traditional. Kosrae does not have the fourth level of government, as it nolonger has traditional leadership.
The four States of FSM (Kosrae, Pohnpei, Chuuk and Yap) have considerable degrees ofautonomy. Each State also has its own set of environmental and social laws andregulations geared to protect the States from a wide range of environmental impacts
including, the effects of climate change. Under the Compact II, Article VI and section 161
of Title II, FSM is committed to applying the National Environmental Policy Act 1969 (sincerepealed) and “to develop and implement standards and procedures to protect its
environment.”
The following articles of legislation are relevant to the PRIME Project.

3.1.2

FSM Constitution (1979)
The Constitution of the FSM (the ‘Constitution’) is the supreme law in FSM, and includes
a bill of rights (Art IV).
The Constitution acknowledges and protects the role and functions of traditional leaders
as recognized by custom and tradition, as well as the traditions of the Micronesian people(Art V).
The Constitution establishes National, State and Municipal levels governance (Art VII).
Each State is required to have its own democratic Constitution. The Constitution refers to
traditional practice and custom as a guiding influence in all aspects of decision-making in
FSM and seeks to preserve the role of tradition and custom in FSM life. To support this, aCouncil of Chiefs consisting of traditional leaders and elected representatives is provided
for in the Constitution.
Article IX of the Constitution establishes FSM’s legislature, which selects the President,
and with members elected for districts in each state according to population. Each State
elects their own legislature and governor. The National legislature has the power to makelegislation on a wide range of topics. For example, they may make laws “to regulate theownership, exploration, and exploitation of natural resources within the marine space of
the Federated States of Micronesia beyond 12 miles from island baselines” [Title 3].
Article X of the Constitution vests FSM’s executive power in an elected President as the
Head of State, who is elected by Congress for a four-year term and limited to no more than
two consecutive terms. The President appoints judges, ambassadors and principal officersof government departments in the National Government.
Article XI of the Constitution establishes the judiciary of FSM as comprised of the Supreme
Court, and subsidiary courts, established by statute. The Judiciary Act of 1979 provides
further guidance about the judiciary of FSM. Court decisions are constitutionally required
to be consistent with Micronesian customs and traditions.

December 2021

FINAL

17

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

The legislative power of the National Government is vested in Congress. The Congressincludes one member elected from each of the four States, an additional member electedfrom congressional districts in each State apportioned by population. Chuuk, Pohnpei andYap may decide that one of its seats be reserved for a traditional leader in place of one of
the elected representatives.
Regulation development, as prescribed under the FSM Administrative Procedures Act,requires the widespread publication and dissemination of proposed regulations before
adoption, including radio announcements in English and indigenous languages.
Opportunities for public comment and public hearings are incorporated in the Act.
In most instances, national legislation is supplemented, or even duplicated, by Statelegislation.
The Constitution contains several references to the environment, land use and customs,
including the following:

3.1.3

PreambleStates, in part, “[t]o make one nation of many islands, we respect the diversityof our cultures. Our differences enrich us. The seas bring us together, they
do not separate us. Our islands sustain us, our island nation enlarges us andmakes us stronger.”

Article XIII

Contains additional provisions, including some that relate to the environment.

Section 2

Provides that “radioactive, toxic chemical, or other harmful substances may
not be tested, stored, used, or disposed of within the jurisdiction of theFederated States of Micronesia without the express approval of the national
government of the Federated States of Micronesia.”

Section 4

In terms of land use, “[a] noncitizen, or a corporation not wholly owned bycitizens, may not acquire title to land or waters in Micronesia.”

Section 5

Prohibits a lease agreement for the use of land for an indefinite term by a
noncitizen, a corporation not wholly owned by citizens, or any government isprohibited.

Section 113 (General
Provisions)

Empowers the High Commissioner to restrict or forbid non-citizens fromacquiring interests in real property and in business enterprises.

Section 114 (General
Provisions)

Requires due recognition to be given to local customs in the system of law.

Section 202 (General
Provisions)

Provides that customs not in conflict with other laws in Micronesia arepreserved.

FSM Environment Protection Act (2014)
The Environment Protection Act (revised Code 2014) provides for the protection of theenvironment, culture, historic and natural aspects of Micronesian heritage.
The Act is a national government declaration of on-going commitment in cooperation with
State and municipal governments and other concerned public and private organizations.
The Act declares to use all practicable means and measures, including financial andtechnical assistance, in a manner calculated to foster and promote the general welfare tocreate and maintain conditions under which the people of FSM man and nature can exist

December 2021

FINAL

18

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

in productive harmony and fulfill the social, economic, and other requirements of present
and future generations of FSM.
The Act declares that it is the continuing responsibility of the FSM to use all practicablemeans, consistent with other essential considerations of national policy, to improve andcoordinate governmental plans, functions, programs, and resources to the end that the
inhabitants of the FSM may:a. Fulfill the responsibilities for each generation as trustee of the environment forsucceeding generations;b. Assure for all Micronesians safe, healthful, productive, and aesthetical and culturally
pleasing surroundings;
c. Attain the widest range of beneficial uses of the environment without degradation,risk to health or safety, or other undesirable or unintended consequences; andd. Preserve important historic, cultural, and natural aspects of our Micronesian
heritage, and maintain, wherever possible, an environment, which supports diversityand variety of individual choice.
The effort to protect and preserve the environment needs to be carried forward in close
cooperation with the States in the formulation of policy, enforcement, and other activities.
The FSM recognizes that each person has a responsibility to contribute to the preservationand enhancement of the environment. Section 302 of the Environmental Impact
Assessment Act states that - 1) any person, prior to taking any action that may significantly
affect the quality of the environment within the Exclusive Economic Zone (EEZ) of the FSM,
or within the boundaries of the National Capital Complex at Palikir, must submit anenvironmental impact statement to the Director, in accordance with regulations establishedby the Director. (2) The environmental impact statements required by subsection (1) of thissection are public documents.
Building on the Trust Territory Environmental Quality Protection Act (Title 25 of the FSM
Constitution), the FSM Environmental Protection Act 1984 (FSM EPA), and its subordinate
instruments, seeks to provide the legislative basis for the protection of the environment,
including cultural, historic and natural aspects of Micronesian heritage, throughout FSM.
The Act acknowledges that close co-operation between the National and State
Governments is required to support this objective.
The 1969 Act established the Environmental Protection Board within the Office of the
President. The Board is composed of five members: “one member from each State andone member appointed by the President”. In 1987, an Act to Reorganize the Governmentof the FSM redefined the Board to mean the Secretary for Human Resources.
The Act requires the Secretary to enter into written cooperative arrangements with theStates or State agencies for the purposes of providing funds to the States, collecting dataon local needs and transferring authority to the States to act as agents of the National
Government in implementing environmental programs at the State level. Such delegationof functions may be withdrawn on written advice from the Secretary if the delegation resultsin termination of any financial grant.
The Secretary, as a result, has broad authority to protect health, welfare and safety and to
implement policy and strategies, through the promulgation of regulations, to remedy
pollution and contamination of air, land and water.
December 2021

FINAL

19

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

3.1.4

FSM EPA Environmental Impact Assessment Regulations (1989)
The purpose of the EIA Regulations is to implement Section 13 of the FSM Environmental
Protection Act by establishing standard procedures for preparation of an environmental
impact assessment statement prior to taking or funding any major action that may
significantly affect the quality of the human environment.
These Regulations require the National Government and its agencies to submit an
Environmental Impact Statement (EIS) to the Secretary of Human Resources prior to taking
any “major” 4 action significantly effecting the quality of the human environment. “Effect” isdefined to include indirect, direct and cumulative effects in areas such as land use,
population density, air, water and natural systems including ecosystems. “Effects” may beecological, aesthetic, cultural, historical, economic, social or health-related. “Significant
Impacts”, determined as a result of a preliminary assessment, require a Comprehensive
EIA. Draft EIA statements are to be made available for public comment and review,
including provision for a public hearing.
Part I (l) defines Project Proponents as the FSM National Government or its agencies or
the recipient of funding from the FSM National Government or its agencies, that propose
to undertake any major action significantly affecting the quality of the human environment.
Part III sets out the EIA process. Part IV elaborates on this process which is a two-step
assessment process with the first step being the submission of an Initial Assessment using
a checklist template. If following evaluation there are potentially severe environmental
impacts, then a Comprehensive EIA is required. The contents of the Comprehensive EIA
are set out in Part V.
The EIA process is intended to help the general public and government officials makedecisions with the understanding of the environmental consequences of their decisions,and take actions consistent with the goal of protecting, restoring, and enhancing theenvironment. These regulations provide the directions to achieve this purpose. In addition,these regulations are designed to:a. Integrate the EIA process into early planning of projects to ensure timely
consideration of environmental factors and to avoid delays; andb. Identify at an early stage the significant environmental issues requiring further study
and de-emphasize insignificant issues, thereby defining the scope of the EIA.
Other relevant environmental regulations relevant to the PRIME and SCORE Projects, arediscussed further in the ESMF 5.

3.1.5

Land Tenure in FSM
The individual States have separate and distinct land tenure arrangements, with somebroad commonalities that persist throughout State land tenure systems. The following
outline of land tenure structure in FSM, including each of the four States is based on Doran(2004) 6.

4 No definition is provided for a ‘Major” action in the Regulations.

For the purposes of this assessment it is assumed that the urgent
works PRIME Project constitutes a ‘Major’ action given the nature and scale of associated potential impacts.

5 DoTC&I, 2020, ‘Prioritized Road Investment and Management Enhancements (PRIME) Project, FSM: Environmental and Social

Management Framework’, Report prepared for Department of Transportation, Communication and Infrastructure.

6 Doran, 2004, ‘Private Lands Conservation in the Federated States of Micronesia’, Sponsored by the Nature Conservancy,

University of Colorado Boulder

December 2021

FINAL

20

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

The FSM Constitution forbids land ownership to foreigners as well as to domestic
corporations that have non-FSM citizens among their shareholders. Group and communal
ownership of land is prevalent throughout the FSM. There are differences, however,concerning rights of land transfer within the FSM. In Chuuk, Kosrae and Yap, land can betransferred by law to all FSM citizens. In Pohnpei, however, it can only be transferred topersons from that island.
Traditional and cultural institutions have a strong presence in Micronesian life. The
keystone of Micronesian society is the extended family, which is collectively responsible
for maintaining the welfare of the family including in relation to customary family land.
Traditionally, land ownership in FSM was limited to inheritance within a family or clan. As
a result, many land parcels in FSM are subject to the communal use and alienation rights
of extended families, clans and communities. Private landholders influenced to varying
degrees by customary land tenure systems nevertheless occupy most lands.
Patterns of public and private ownership over land and aquatic areas vary among thestates. In Pohnpei and Kosrae, land is both privately and state owned, while aquatic areas
are managed by the state as public trusts. In Chuuk, most land and aquatic areas are
privately owned and acquired through inheritance, gift or by purchase. In Yap, almost allland and aquatic areas are owned or managed by individual estates and usage is subject
to traditional control.
Traditionally, the use of terrestrial resources and all accessible marine resources was
distributed among the people under the control of chiefs. Rights could be given, earned
and inherited either matrilineal or patrilineal line. Complex usage rights overlaid actual site
ownerships; for example, owners of a tree and users of its fruit might not be the owners of
the land on which it grew.
Land tenure patterns generally involve communal ownership of a single plot, single
ownership of several and separate plots or usage right to land owned by traditional leaders.
In the traditional economy, land is not a commodity to be sold or traded. However, theattitude in some areas towards land is changing with sales and trades taking place as wellas leases especially near centers of development.
Cadastral and registration programs have been undertaken in each of the states withvarying effects. In the main island of Yap, less than 10% of land has been registered andtitled since a cadastral program commenced some 30 years ago. Chuuk and Kosrae havemade more progress in the initial determination of land parcels although there is a
substantial backlog in the land parcels to be surveyed and mapped and numerous
outstanding disputes.
Pohnpei appears to have made the greatest progress in the cadastral survey of private
lands. However, as of 2004 most privately held land had not been surveyed, mapped,
registered or titled. As memories fade and differing claims for ownership arise, theabsence of permanent survey and ownership records will make it increasingly difficult toattain the goal of secure and efficient land transactions.

3.1.6

Land Acquisition in FSM
Section 205 of the General Provisions of the Land Use Act for FSM provides that “[t]he law
concerning ownership, use, inheritance, and transfer of land in effect in any part of theTrust Territory on December 1, 1941, shall remain in full force and effect to the extent thatit has been or may hereafter be changed by express written enactment made underauthority of the Trust Territory.”

December 2021

FINAL

21

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

The Government Property Acquisition [Title 56] deals with eminent domain (Chapter 1),
real property acquisition (Chapter 2), relocation assistance (Chapter 3) and alien property(Chapter 4).
Chapter 1 of the Act provides that no private corporations will have the right of eminent
domain in Micronesia. “Eminent domain” means “the right of the central Government or a
district legal entity….to condemn property for public use or purposes and to appropriate
the ownership and possession of such property for such public use upon paying the ownera just compensation to be ascertained according to the law.” Road easements are allowed
under the Constitution.
Road easement agreements were entered in to between GoFSM and relevant individual
landowners prior to the creation of primary roads in each State. However, the roadeasement boundaries are typically not demarcated and the easement corridor not closely
managed. In some road sections there has been encroachment in to the road easementarea, generally with secondary structures, such as fences, and crops. 7
Chapter 2 sets out the procedures for Government when acquiring property, including thepayment of a purchase price and compensation. As set out in Section 202 relating toproperty acquisition procedures and negotiations, when acquiring property GoFSM is to:1) Make every reasonable effort to acquire real property expeditiously throughnegotiation;2) Before the initiation of negotiations, have the property appraised and give theowner or his representative an opportunity to accompany the appraiser during theinspection of the property; and
3) Before the initiation of negotiations, establish an amount which is believed to bejust compensation for the real property, and make a prompt written offer to acquire
the property for that amount. In no event will the just compensation offered be lessthan the Government's approved appraisal of the fair market value of suchproperty. At the time the Government makes an offer to purchase real property, theowner of that property will be provided with a written statement of the basis for theamount estimated to be just compensation.
Section 203 specifies that in determining just compensation for the property any increaseor decrease of the fair market value caused by the public improvement for which theproperty is acquired prior to the date of valuation will be disregarded (other than thatcaused by physical deterioration).
Chapter 3 addresses the relocation assistance with the purpose “to establish a uniform
policy for the fair and equitable treatment of persons displaced by the acquisition of real
property by Trust Territory Government and district land acquisition programs, or byprograms of rehabilitation of buildings or other improvements conducted pursuant togovernmental supervision.”
The provisions in Chapter 4 set out how land formerly owned by the Japanese Government
or Japanese citizens is to be dealt with. The Attorney General shall act as alien property
custodian.
7 In order to ensure local community and landowner support for the project works, the Project has adopted
the ‘participatory design approach’ wherein local communities and land owners will be consulted through thedesign phase to ensure that any modifications to the road footprint and associated mitigation and restorative
measures are agreed. See Section 4.1.1.

December 2021

FINAL

22

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

3.2

State Government Legislation, Regulation and Land Rights
The four States of FSM each have their respective state level regulations and legal
frameworks elaborating on the National Constitution and Regulations and stipulating their
specific requirements.
The State level legal frameworks relevant to the RF are outlined below. Note that it is theState legislation that are the most important for the PRIME Project, as the works will bemonitored at a State level.
These State EIA regulations relevant to the broader PRIME Project are discussed in the
ESMF 4.

3.2.1

Kosrae3.2.1.1

The Legal Framework
The following laws and policies that exist in Kosrae for land ownership and use that may
apply to the RF include:

3.2.1.2•

Constitution of the State of Kosrae 1984 (Primary rule of law in the State of Kosrae).

•

Kosrae State Code, Title 17, Chapter 4 (Establishes the Kosrae EPA).

•

Kosrae State Code, Section 11.103 (State Acquisition of Land).

•

Kosrae Code, Section 11.1401 and 11.1402 (Protection of antiquities andtraditional culture).

•

Kosrae Code Section 11.201 (Land use and subsidiary regulations).

Kosrae Constitution
Article XI of the Kosrae Constitution addresses land and environment matters. It grants
the people the right to “a healthful, clean and stable environment”. The State governmentis required to “by law protect the State’s environment, ecology, and natural resources from
impairment in the public interest.” The Constitution prohibits nuclear, chemical, gas or
biological weapons and hazardous radioactive material being in the State. The
Constitution provides “[t]he waters, land, and other natural resources within the marine
space of the State are public property, the use of which the State Government shallregulate by law in the public interest…” Rivers and streams may be designated by law as
public property for use in the public interest. The State Government may acquire land for
public purposes without the interested parties’ consent, subject to the payment of faircompensation and good faith attempt at negotiation. Title to State land may only be
acquired by Micronesian citizens who are Kosraean by descent.
Kosrae Article VIII of the Kosrae Constitution provides that the two levels of governmentfor Kosrae are State and municipal. Municipalities are granted powers and functions inrelation to local affairs, property and government so far as they are not limited by law. The
Kosrae Constitution requires the State Government to “protect the State’s traditions as
may be required by the public interest” (Art II).

3.2.1.3

Land Tenure Administration
The responsibility for the administration of land tenure in Kosrae is vested in two agencies:i) The Land Court, and ii) the Department of Resource & Economic Affairs (DREA). All
land registration on Kosrae is occurs through the Land Court.

December 2021

FINAL

23

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Within the DREA, two divisions have responsibilities for land management: i) Division ofSurvey and Mapping and the ii) Division of Land Management. Responsibilities of theDivision of Survey and Mapping include:•

Surveying, mapping, and monitoring the use of public lands;•

Maintaining a roster of all parcels of public lands;•

Assisting in the acquisition of lands for public projects; and•Conducting the survey of private lands in coordination with the State Land Court.

The procedure for land registration in Kosrae is outlined in Appendix A.1.
3.2.1.4

Land Ownership, Lease and Use Rights
The Kosrae State Government controls much of the land in Kosrae including Government
owned lands, mangrove areas, nearshore areas, and lagoon areas. Primarily, Government
lands are the interior of the Island, above the ‘Japanese line’ 8 and foreshore areas.
Only Kosraeans can own land (i.e. not foreigners). The land is owned by way of acertificate of title issued when the registration process is complete for individual
landowners. However, if the land is inherited by multiple heirs or if customary family landis held in common, then a ‘tenancy in common’ title is issued.
As a protectorate measure, foreigners can only lease land, not own it. Kosrae state law
allows locals and foreigners alike to lease for up to a 55-year term renewable for an
additional 55 years. Although this provides secure access and use for the lease period,
issues such as land ownership disputes, lack of certainty, poor surveying, absence ofrecords, and uncertain parameters for customary usage often hinder foreign investment.
As in other Pacific island land tenure systems, land transactions are often made undercustomary practice, which is frequently undocumented.
This makes accurate
determination of ownership rights and pricing of land difficult to determine.
Accessing land through access rights (customary practice) was common for hunting orgathering purposes. Nowadays, this is more common in the upland and government
owned areas. Accessing land and use rights for productive lands particularly in settled
areas is done through lease agreements.
In managing land and land use, the Kosrae State Code provides for land use planning,surveying practice, homesteading and establishment of the Land Court. The Land Court
determines and registers land titles. Further, the deed of trust allows for the transfer of an
estate in real property or freehold or leasehold interest in real property to secure an
obligation. This practice allows land transactions for monetary or customary obligations.
While use rights to lands in Kosrae were fairly flexible in the past, they are becoming
considerably less so. Population growth and an attendant increase in the density ofsettlement areas have led to more tension over land boundaries. Such use rights ashunting, agro-forestry, gathering of medicinal plants and herbs primarily takes place on
upland, government owned areas. With respect to more productive lands, as well as lands
in settled areas, use rights are now determined “within the framework of documented
leasing.”

8 A line which sets aside the upper elevation of Kosrae Island; land above the line is designated as Government and land below theline is where privately owned designations begin.
December 2021

FINAL

24

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Use rights to mangrove areas are generally controlled by the Municipal Governments.
Also, the Kosrae Land Use Plan and its regulatory body, the Development Review
Commission (DRC), condition use rights to “government land, the mangrove areas andnear-shore areas or the lagoon”.
3.2.1.5

Land Acquisition
The Kosrae State Code Title 11, Land and Environment, sets out the requirements
regarding the acquisition and use of land. Under Title 11, the Governor can transfer title
or interest in public land on behalf of the State but only with the Legislature’s resolution.
The Governor also has the authority to designate suitable areas of the public land forhomesteading to eligible persons.
Most of the land in Kosrae is privately owned. However, the State can acquire an interestin private land for public purpose without consent of the landowners. As outlined in Section
11.103 of the State Code, to acquire an interest in private land the State uses its best
efforts to identify and contact all interested parties which are all persons holding or claiming
legal interest in the land or interest sought by the State. If the State is unable to acquire
an interest in land the State may initiate a court action to acquire the land.
The Constitution and the Article XI Land and Environment provide for fair compensation
should there be a need for land acquisition for the purpose of resettlement, showing thatthe lands and the interest are ‘highly suited’ to the intended use. The process must be
done in good faith and made reasonable effort to avoid substantial hardship to theinterested parties.

3.2.1.6

Settling Land Disputes
Should land conflicts arise, land claim disputes are settled by the Land Registration Teamduring their preliminary hearing on the parcels designated for registration. If theRegistration Team or the Land Commission administration finds that an excessive lengthof time is being spent by the team in settling a dispute, the case may be deferred to theCommission itself. Principles of the Commission then hear the claimants and witnesses
and make a determination on evidence received by the original team and the Commission.
If the Land Court cannot adjudicate a claim, the case may be referred to the State Court
without determination. Appeals for previous Land Court determinations may also bereferred to the State Court. The Court’s decision of the claim is final. Upon certification of
the judicial result of the case to the Land Court, the Court issues a certificate of title in thesame manner as following a Court determination.

3.2.2

Pohnpei

3.2.2.1

The Legal Framework
The following laws and policies that exist in Pohnpei for land ownership and use that may
apply to the RF include:

December 2021•

Constitution of the State of Pohnpei 1984 (Primary rule of law in the State ofPohnpei).

•Public Trust Lands Distribution Act 1980.

•

Public Lands Act 1987.

•

Deed of Trust Act 1987.

FINAL

25

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

3.2.2.2•

Transportation Zone Act 1987.

•

Pohnpei Environmental Protection Act 1992 (which land ownership documentation
requirements, and Department of Lands Approval).

•

Pohnpei Cultural Preservation Act.

Pohnpei Constitution
Under the Pohnpei Constitution, the State Governor must establish and administer“comprehensive plans for the conservation of natural resources and the protection of theenvironment”. Article 12 states that only Ponapean citizens, who are also pwilidak ofPohnpei, may acquire a permanent interest in real property. The Constitution also prohibits
leases of more than 25 years and indefinite land-use agreements. The Government ofPohnpei may acquire land for public purposes following consultation with local government,
owners and an offer for payment of a purchase price or compensation. Article 13 of the
Pohnpei Constitution prohibits the introduction, storage, use, test and disposal of nuclear,chemical, gas and biological weapons, nuclear power plants and related waste materials
from Pohnpei.
Article 5 of the Pohnpei Constitution states “[t]his Constitution upholds, respects, andprotects the customs and traditions of the traditional kingdoms of Pohnpei” and that the
Pohnpei Government shall respect and protect customs and traditions.

3.2.2.3

Land Tenure Administration
In Pohnpei, the identification, determination, survey and mapping of land, and issuance of
titles are all functions of the State Government. There are two government institutions
charged with the administration of land in Pohnpei i) The Court of Land Tenure, and ii) the
Division of Lands.
The Land Commission was re-designated The Court of Land Tenure, under Title 67 of theTrust Territory Code.
The Division of Lands, which is part of the Department of Resource Management andDevelopment has three offices:
1) Office of Historic Preservation and Cultural Affairs;
2) Office of Surveying and Mapping; and3) Office of Management and Administration of Public Lands.
The Office of Survey and Mapping is responsible for the survey and mapping of all public
and private lands on Pohnpei.
The procedure for land registration in Pohnpei is outlined in Appendix A.2.

3.2.2.4

Land Ownership, Lease and Use Rights
In Pohnpei, ownership of land by title is widely recognized, and becoming more and more
popular as families want to secure their land holdings with clear title and to use these lands
as real property collateral for business loans or home improvement.
The lease of private land is considered a “fortuitous” method for securing family income in
Pohnpei. Provided the landowner holds clear title, private lands can be leased in Pohnpei.
Under certain conditions, public lands can be subleased by a landholder; and in somecases, lands held by Naval Lease agreements can also be subleased Lease agreementsfor private lands that exceed a term of one year must be registered on either the certificate

December 2021

FINAL

26

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Frameworkof title or on the certificate of lease holding. Neither public nor private lands can be leased
for a term greater than 25 years without legislative waiver of the State Constitutional
Constraint, and approval of the terms of the lease. The Office of Management andAdministration of Public Lands issues and oversees the administration lease and use
agreements for public lands
3.2.2.5

Land Acquisition
Article XII of the Pohnpei Constitution deals with eminent domain and compensation forland appropriated by the government. This section authorizes the State Government toacquire interests in land for public purposes.
The Section goes on to state, “No taking shall occur until after consultation with the local
government concerned, good-faith negotiation with the owners of such interests, whichshall include the offer to exchange the land for land of comparable value, or a payment ofjust compensation.”

3.2.2.6

Settling Land Disputes
The resolution of land disputes rests with the Court of Land Tenure. Each judge of the
Court of Land Tenure first endeavors to settle all disputes on lands within his assigned
registration area during the initial hearings. If such disputes continue over an undue lengthof time (interfering with pace of adjudication of claims within the registration area), thedispute may be referred to the Principal Judge of the Court of Land Tenure. The Principle
Judge may either designate another Judge of the Court of Land Tenure to hear the caseor refer the claim to the Pohnpei Supreme Court. The decision of the Pohnpei Supreme
Court is final.
With public lands, initial arbitration in land disputes on leased lands or homesteaded lands
awaiting title transfer is taken up with the Office of Management and Administration of
Public Lands. If settlement cannot be achieved at this level, the case is referred to the
Court of Land Tenure.

3.2.3

Chuuk

3.2.3.1

The Legal Framework
The following laws and policies that exist in Chuuk for land ownership and use that may
apply to the RF include:

3.2.3.2•

Constitution of the State of Chuuk 1989 (Primary rule of law in the State of Chuuk.

•

Chuuk State Historic Preservations Act 1991.

•

Chuuk State Environmental Protection Act 1994.

Chuuk Constitution
Article XI of the Chuuk Constitution requires the legislature to “provide by law for thedevelopment and enforcement of standards of environmental quality, and for theestablishment of an independent state agency vested with responsibility for environmental
matters.” Article XI of the Chuuk Constitution also gives the State Government the power
to take an interest in land for public interest purposes subject to negotiations and thepayment of compensation.
Article IV of the Chuuk Constitution recognizes and protects customary law and the role oftradition leaders in Chuuk.

December 2021

FINAL

27

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

3.2.3.3

Land Tenure Administration
The administration of land tenure in Chuuk is located in two agencies, i) the Chuuk Land
Commission and ii) the Division of Land Management, which is part of the Department ofCommerce and Industry.
Actions concerning the determination of land title rest initially with the Chuuk State Land
Commission which is statutorily charged with the registration and determination of landownership. The primary purpose of the Commission is to determine and register theownership of land in the state utilizing a title registration system to determine the current
status of each property. The Commission also has responsibility to certify the survey andmapping of each individual ownership.
The Division of Land Management administers the uses and disposal of public lands, aswell as the development, utilization and conservation of natural resources found on suchlands.
The procedure for land registration in Chuuk is outlined in Appendix A.3.

3.2.3.4

Land Ownership, Lease and Use Rights
Ownership of land in Chuuk is a mix of modern and traditional land tenure practices.
Essentially, modern ownership via land title can be held by any citizen of the FSM, lineage
groups, a family or extended family, or by a business or joint tenancy.
The bulk of private land in Chuuk has determined or registered by the Chuuk State Land
Commission. Thus, lineage authorities retain a strong influence over much of the land.
While lands held by customary authorities can be sold, leased, or traded by the lineage
heads there is considerable confusion regarding the role that chiefs, head-of-households,
or matrilineal authority can play in such transactions
With respect to the highly populated lagoon islands of Chuuk, contemporary lease and use
rights are fairly straightforward. All leases for a term greater than one year are noted on
the certificate of title along with other encumbrances on the property. Leases arenegotiated for money and once formalized they are supported by the State court system.

3.2.3.5

Land Acquisition
Article XI of the Chuuk Constitution deals with the issue of eminent domain andcompensation for land appropriated by the government and states that the “power to takean interest in land may only be exercised by the State Government for a specified purposeof general public interest, as prescribed by statute. Negotiations with the owner forvoluntary lease, sale, or exchange shall be fully exhausted and just compensation shall befully tendered before a taking may occur.”
Article XI also provides that “[u]pon the termination of the public use for which an interestin land is involuntarily acquired, the State Government shall return and quit claim the land
to the owner or the owner’s successor”. The Legislature shall also provide for access tothe courts to ensure “the good faith of the negotiations, the reasonable necessity of theacquisition, and the adequacy of the compensation tendered.”

3.2.3.6

Settling Land Disputes
Because the modern registration system has not been extended to a major portion of themunicipalities providing title documentation and boundary survey, many of the land
disputes in Chuuk are first handled by traditional authorities. Most arbitrators, whether

December 2021

FINAL

28

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

they are village elders or chiefs or whether they operate with quasi-judicial or judicial
authority, have not felt if fair to all concerned to rush to settlement.
Hearings are often stopped when heated arguments occur between claimants and newhearings may not convene for months. The pattern of long, drawn-out land dispute
arbitration is at least partly a holdover from very early traditional times. Should parties
remain unhappy with the settlement by lineage heads, village chiefs or other traditional
leader, an appeal can be made directly to the Trial Division of the State Supreme Court.
For lands that have been titled, registered or lands that have some ownership or leasehold
documentation and for those lands in a designated registration area, the Land registration
Team is the first level of authority that can be approached for dispute settlement. Initially,
the Land Registration Teams will work with the customary and traditional authorities tocome to some resolution.
Should the Land Registration team fail to reach settlement with the disputed parties, theclaim is referred to the Land Commissioners. Originally, one purpose of the Land
Commission was to help resolve land disputes out of court and with sensitivity to thecustomary law. The problem now is that the Land Commission, once acting as an informal
arbitrator between parties, has become increasingly more formal in its procedures.
Hearings are held with witnesses and records to tie its procedures directly to the judicial
system. Hence, the Land Commission is less effective today as an alternative means to
dispute settlement.

3.2.4

Yap

3.2.4.1

The Legal Framework
The following laws and policies that exist in Yap for land ownership and use that may apply
to the RF include:

3.2.4.2•

Constitution of the State of Yap 1982 (Primary rule of law in the State of Yap).

•

Environmental Quality Protection Act 1987.

•

Yap State Code, Title 20, Chapter 3 (Building permits).

Yap Constitution
The Yap Constitution states that the “state Government may provide for the protection,conservation and sustainable development of agricultural, marine, mineral, forest, water,
land and other natural resources.” It also prohibits testing, storing, using or disposing ofradioactive and nuclear substances within the State. Land ownership and uses are
restricted under the Yap Constitution. The State recognizes traditional rights andownership of natural resources and areas within the marine space of the State up to 12
miles from island baselines.
The Yap Constitution grants due recognition to the Dalip pi Nguchol and their traditionaland customary roles, and to traditions and customs in providing a system of law (Art III).
In Yap, Traditional leaders who serve in the Council of Pilung and the Council of Tamolcarry out traditional and customary functions. Land in Yap may only be acquired in amanner consistent with traditions and customs (Art XIII).

3.2.4.3

Land Tenure Administration
While the authority of the Yap Land Commission was established in 1966 when theCongress of Micronesia passed The Land Commission Act, currently there is no Land

December 2021

FINAL

29

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Commission in Yap. The functions of the Land Commission have instead been vested in
the Division of Lands, part of the Department of Resources and Development.
Land disputes and boundary problems are resolved through traditional and customary
methods as well as at the Municipal Government level with assistance from the Cadastral
Survey Projects Branch of the Division of Lands.
The Division of Land Resources consists of the following three sections:1) Survey & Mapping Section: composed of three Branches:(i) Economic Development Projects Branch;(ii) Drafting & Computing Branch; and(iii) the Cadastral Survey Projects Branch.
2) Land Registration Section: responsible for documenting, filing, storing and retrievalof all land titles and associated documents.
3) Public Lands and Property Section: responsible for the acquisition andmanagement of Government lands.
The procedure for land registration in Yap is outlined in Appendix A.4.
3.2.4.4

Land Ownership, Lease and Use Rights
The majority of privately held land in Yap has not been surveyed, mapped or registered,thus many of the customary use rights remain in effect with respect to these lands.
Landholders, or other land authorities, can grant “permission or transfer use rights of estatelands in the traditional manner.”
The Yap State Constitution permits the leasing of lands. However, if a foreign interest is
involved, the lease must be limited to a term no greater than 50 years. Additionally, thesame constitutional provision empowers the State Legislature to prescribe a shorter leaseterm by statute. The State Legislature must approve by resolution any lease on public landthat extends beyond five years.
Yap has a particularly distinctive social system, dominated by the overlords of the mainisland of Yap. The inhabitants of the main island are divided among three social orders,which are further divided into the three levels of chiefs, nobles and commoners. A castelike relationship prevails in which the lowest ranking groups act as the servants of higherranking groups that provide the land. Chiefs can require the delivery of food and otheritems, and thus can easily contribute to the burden of material poverty. Under existing
reciprocity arrangements, a key issue is the degree of responsibility accepted by traditional
leaders to provide for all community members according to need.
Traditional and contemporary ownership systems are outlined below.
Traditional Ownership of Land.
As summarized by Doran (2004) 9, there are several traditional terms and concepts that
influence customary land use in Yap:a) Tabinaew: refers to certain parcels of land in a location. The people who haveinherited the land or reside on the land are called “people of the estate.” The term
tabinaew is also used to designate parcels of land associated with a house

9 Doran, 2004, ‘Private Lands Conservation in the Federated States of Micronesia’, Sponsored by the Nature Conservancy,

University of Colorado Boulder

December 2021

FINAL

30

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

foundation or to a specific house foundation itself. Traditionally, the person incontrol of the highest-ranking Tabinaew in the village became the Village Chief.
b) Mafen: a group of people who have certain rights to an estate. People with Mafen
authority are expected to safeguard the Tabinaew heritage against the whims of
its current inhabitants and against breach of custom on the land. Mafen rights, areassociated with a woman and her children, her sisters and their children, and areusually conferred as matrilineal rights. The Mafen rights usually go to eldest
female sibling or to one that is capable; other female siblings are “people of the
Mafen.” While Mafen rights do not refer to ownership rights, historically Mafen
rights gave the woman the right to confiscate the estate lands of an offender.
People with Mafen rights needed to be consulted when major land use changes oralienation of land occurred.
c) Suwon (overseer of the land). Refers to a mantle of authority and responsibility,
rather than to a person. Every estate also had a suwon. Suwon rights were more
limited than Mafen. However, no alienation of land could occur without permissionof a Suwon.
d) Caste and Land: All villages (and people of the estates of each village) weretraditionally ranked somewhere in the hierarchy of castes. Low caste villages wereclose to what westerners would call landless estates, with low caste villagers as
tenants. The low castes villagers were guardians of lands which fell under theauthority of higher caste estates. The Lower Class Village Chief was a spokesman
for high class chief. Historically, in order to maintain land holdings the low caste
had to perform certain services of high class. The High Class Chiefs of various
estates were not just rulers, but such titled persons had many responsibilities tothe people of the lower ranked estates under the title’s authority. Responsibilitiesof the inhabitant of high title house foundations have become burdensome intoday’s world. As a result of some of the highest titled foundations on Yap are
uninhabited.
If ownership rights also denote the right to possession, use, enjoyment, or the ability to sellor dispose of property according to the will of the owner, then historically there has beenno such ownership in Yap. In the past multiple individuals had varied interests andauthorities over the land in Yap.
Contemporary Ownership of Land
While tradition remains a strong influence over land tenure in Yap, people are increasingly“by-passing the older, traditional systems of land tenure in order to secure land ownership,
land transfer or lease rights” (Doran 2004). Thus, the current system of land tenure is a:“complex mix of the old and the new. Older customary land tenure conditions arestrong or weak depending on the people involved, the location and history of theland, the historical title and rank of the land, and the cash opportunity associatedwith ownership, lease or use rights.”
There is however, a major exception to this general trend toward a more western conceptof ownership; the State Government’s “deference to the customary and traditional systemsof land tenure.” Legislation pertaining to land often cedes considerable authority to
traditional and customary authorities over land. For instance, the Yap State Mortgage Law
and the Yap State Deed of Trust Law require Mafen approval with respect to applications
for the use of real property for security.
December 2021

FINAL

31

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

3.2.4.5

Land Acquisition
Article II of the Yap Constitution deals with eminent domain and compensation for land
appropriated by the government. The Section authorizes the legislature to “provide bygeneral law for the taking of private property for a public purpose.” The Section requiresthat such a general law “provide for just compensation, good faith negotiations for lease orpurchase and consultation with appropriate local government prior to the taking, and themanner of taking.”
Article XIII states that title to land be “acquired only in a manner consistent with traditions
and customs.”

3.2.4.6

Settling Land Disputes
The Yap Constitution strengthens the traditional and customary land tenure authorities byspecifically stating “Title to land may be acquired only in a manner consistent with traditions
and customs.” If there is dispute regarding ownership the ability of an individual to acquireownership or a boundary delineation, a hierarchy of traditional authorities exists to resolve
the issues.
Resolutions can be obtained through consultation with the Mafen, Suwon, Village Chiefand other elders of the immediate community. Petitioning to these traditional authorities
may differ in each case depending on personality, land in question, ranking of land or
individuals associated with the land, etc. Land “ownership” or authority over estates, or
disputes on use rights, and so on are determined in a traditional manner.
Should no decision be made at this level of authority the dispute is taken to the municipal
court. Most of the decisions concerning land disputes are settled in the traditional systemwith few cases going on to the municipal court. In addition, the three high ranked
municipalities (Rull, Tamil, Gagil) may serve as appeal authority for land disputes amongor within municipalities. If municipal authorities cannot settle the dispute, the case may bereferred to the two high traditional councils: the Council of Pilung and the Council of Tamol.
However, very few land cases are brought before these two high authorities. The lastappeal can be made to the State Supreme Court

3.3

International Standards and Guidelines

3.3.1

International Environmental Agreements
FSM is a signatory to a number of international conventions and treaties. Those potentiallyrelevant to the Project are listed below:

December 2021•

International Plant Protection Convention 1951.

•

World Heritage Convention 1972•

United Nations Convention on the Law of the Sea 1982.

•

Agreement relating to the Conduct of a Joint Program of Marine Geoscientific
Research and Mineral Resource Studies of the South Pacific Region, with
Annexes, 1982; with Related Agreement, 1984.

•

Vienna Convention for the Protection of the Ozone Layer 1985.

•

Convention for the Protection of the Natural Resources of the South Pacific Region
1986; and companion protocols 1986.

FINAL

32

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

3.3.2

•

Convention on Biological Diversity (CBD) 1993•

United Nations Framework Convention on Climate Change (UNFCC) Paris
Agreement 2016.

World Bank Environmental and Social Framework
As a condition of World Bank (WB) financing the PRIME Project, DoTC&I has committed
to implementing the Project in a manner consistent with the WB Environmental and Social
Framework 2017 (ESF).
Matters to be addressed include environmental, health and safety, gender, labor, social,land and cultural heritage laws and policies as a minimum. As set out in the WB ESF, theEnvironmental and Social Standards (ESS) of immediate relevance to resettlement andlivelihood restoration and this RF are outlined in Table 3-1 below.
Table 3-1: WB Environmental and Social Standards relevant to the RF

WB Environmental
and Social Standards
ESS 5: Land
Acquisition, Restriction
on Land Use andInvoluntary
Resettlement

Objectives
•
•
•

•

•

•

ESS7 Indigenous
Peoples/Sub-SaharanAfrican Historically
Underserved Traditional
Local Communities•

To ensure that the development process fosters full respect for the humanrights, dignity, aspirations, identity, culture, and natural resource-based
livelihoods of Indigenous Peoples.

•

To avoid adverse impacts of projects on Indigenous Peoples, or when
avoidance is not possible, to minimize, mitigate and/or compensate for suchimpacts.
To promote sustainable development benefits and opportunities for
Indigenous Peoples in a manner that is accessible, culturally appropriate
and inclusive.

•

•

•

December 2021

To avoid involuntary resettlement or, when unavoidable, minimize
involuntary resettlement by exploring project design alternatives.
To avoid forced eviction.
To mitigate unavoidable adverse social and economic impacts from landacquisition or restrictions on land use by: (a) providing timely compensation
for loss of assets at replacement their efforts to improve, or at least restore,
their livelihoods and living standards, in real terms, to pre-displacementlevels or to levels prevailing prior to the beginning of project implementation,
whichever is higher.
To improve living conditions of poor or vulnerable persons who arephysically displaced, through provision of adequate housing, access toservices and facilities, and security of tenure.
To conceive and execute resettlement activities as sustainable development
programs, providing sufficient investment resources to enable displaced
persons to benefit directly from the project, as the nature of the project may
warrant.
To ensure that resettlement activities are planned and implemented withappropriate disclosure of information, meaningful consultation, and theinformed participation of those affected.

To improve project design and promote local support by establishing andmaintaining an ongoing relationship based on meaningful consultation with
the Indigenous Peoples affected by a project throughout the project’s life
cycle.
To recognize, respect and preserve the culture, knowledge, and practices ofIndigenous Peoples, and to provide them with an opportunity to adapt tochanging conditions in a manner and in a timeframe acceptable to them.

FINAL

33

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

WB Environmental
and Social Standards
ESS 8: Cultural
Heritage

Objectives••••

ESS 10: Stakeholder
Engagement

•

•

•
•
•

To protect cultural heritage from the adverse impacts of project activities andsupport its preservation.
To address cultural heritage as an integral aspect of sustainable
development.
To promote meaningful consultation with stakeholders regarding cultural
heritage.
To promote the equitable sharing of benefits from the use of cultural
heritage.
To establish a systematic approach to stakeholder engagement that will help
Borrowers identify stakeholders and build and maintain a constructive
relationship with them, in particular project-affected parties.
To assess the level of stakeholder interest and support for the project and toenable stakeholders’ views to be taken into account in project design andenvironmental and social performance.
To promote and provide means for effective and inclusive engagement withproject-affected parties throughout the project life cycle on issues
that could potentially affect them.
To ensure that appropriate project information on environmental and social
risks and impacts is disclosed to stakeholders in a timely, understandable,
accessible and appropriate manner and format.

ESS 5 is of particular relevance for this RF, and applies to all Project works andcomponents of operations financed by the WB including associated facilities which resultin involuntary resettlement. ESS 5 outlines a number of key principles for addressing
adverse effects of involuntary settlement associated with its investment projects. These
are outlined in Section 1.2.2 above.
ESS 7 is relevant as the overwhelming beneficiaries of the Project in each State (Kosraean,
Mehn Pohnpei, Chuukese and Yapese) meet several characteristics of indigenous persons
as described in the ESF of the WB. Given this, it is considered that the ‘indigenous’
population of FSM is comprehensively represented in all state mechanisms, will not bedisproportionately disadvantaged by the Project and, as such, an ‘Indigenous Peoples
Plan' is not required under ESS7.
The requirements for public disclosure are contained in ESS10. These public disclosure
standards require early and ongoing consultation with communities affected by projects.

3.4

Comparison of WB ESF and FSM Legislative Requirements
on Land Acquisition
Table 3-2 provides an analysis of gaps between WB safeguard requirements as set out inthe ESF, and FSM Legislative requirements on land acquisition and resettlement.
Table 3-2: Gaps between WB ESF and FSM legislative requirements, and gap filling measures

WB Environmental and SocialStandards

FSM Legislative Requirements

Involuntary resettlement should
be avoided where feasible, orminimized, exploring all viable
alternative designs.

FSM’s EIA encourages the
avoidance of adverse
environmental and social impacts
and their effective mitigation
where avoidance is not possible.

December 2021

FINAL

Gap Filling Measures
Equivalent34

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

WB Environmental and SocialStandards

FSM Legislative Requirements

Gap Filling Measures

Land to be secured for the Project
via Voluntary Land Donation(VLD) where suitable andagreeable to affected land owners
and occupants.

No specific reference to VLD in
FSM legislation.

The VLD process is to be properly
managed and documented inaccordance with ESS5, and the
Project VLD protocol.

Where it is not feasible to avoid
resettlement, resettlement
activities should be conceived
and executed as sustainable
development programs, providing
sufficient investment resources toenable the persons displaced by
the end of the project to share in
the project benefits.

Not explicitly addressed in theexisting legislation.

WB policy and requirements will be
adopted.

Use or acquisition of customaryland by the Project.

Customary land tenure iscommon in FSM.
The Government Property
Acquisition [Title 56] deals withland acquisition, including
eminent domain.
No separate laws exist for
acquisition of customary land
compared to freehold land.

The VLD process will apply for theacquisition or use of customaryland, the Project will adhere to
ESS5, and the Project VLD
protocol.
Grievances may be referred tocustomary conflict mediation
arrangements where they are notdirectly affiliated with traditional
leaders who are a party to the
donation process.
In the case of transfer of freehold
or customary land throughinvoluntary acquisition, the Lands
Commission is to prepare a Saleand Purchase Agreement basedon the assessed replacement
value, and forwarded to theCouncil of Chiefs for its Board’s
consent.

Displaced persons should bemeaningfully consulted andshould have opportunities toparticipate in planning andimplementing resettlement
programs.

FSM legislation requires
negotiations with affected landowners, on values of land, andresettlement assistance.

Partial equivalence. Consultations
as per approved SEP will be
implemented.

To address the impacts resulting
from Bank-assisted investment
projects, the borrower prepares a
resettlement plan or resettlement
policy framework.

No specific requirement for the
preparation of resettlement plans.

Where Abbreviated Resettlement
Action Plans (ARAPs) arenecessary, they will be prepared inaccordance with the requirements
and procedures set out in this RF.

It is necessary to improve or atleast restore livelihoods of
Displaced Persons (DP) by arange of strategies targeted at
Affected People (AP). Nobody is
to be made worse off as a resultof the development project.

Avoiding hardship on displaced
land owners is explicitly provided
for, but more for legal
landowners, and legal occupiers,
not for illegal occupiers and theirassets / livelihoods.

Partial equivalence. WB policy will
apply to ensure all PAP’s and theirlosses are restored and/or
compensated. Where losses aretemporary and minor, related to theconstruction method for which thecontractor is responsible fordetermining, these will be
addressed as part of the ESMP.

December 2021

FINAL

35

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

WB Environmental and SocialStandards

FSM Legislative Requirements

Gap Filling Measures

Requires that Displaced Persons
are compensated for all losses,
including non-land assets, at full
replacement cost.

FSM legislation requires
negotiations with affected landowners, on values of land, andresettlement assistance.
There’s a limit imposed on how
much compensation is paid forlost income from business or farmoperation. Compensation istherefore not at full replacement
cost using current market values.

Partial equivalence vis-àvis
valuation of land for compensation.
But not for lost non-land assets
and income.
Where compensation is required,
WB’s principle of ‘replacement
cost’ using current market values
for compensation of affectedassets will apply.

Bank expects the borrower totake into account the views, roles,
and rights of groups includingNGOs and local communities
affected by the Bank financed
project…in the planning,
designing, implementing,monitoring and evaluating of suchprojects.

The FSM EPA regulations
provides for public consultation aspart of the environmental
assessment process, and full
disclosure of EIA reports to the
public.

Equivalent

Bank requires that Displaced
People (DP) should bemeaningfully consulted andshould have opportunities toparticipate in planning andimplementing resettlement
programs. Bank also requires that
displaced persons should be
assisted in their efforts to improvetheir livelihoods and standards ofliving or at least to restore them,in real terms, to pre-displacementlevels or to levels prevailing prior
to the beginning of project
implementation, whichever ishigher.

FSM legislation is explicit on
dealing with displaced people, i.e.
those people dispossessed of
their land. FSM legislation is notclear on dealing with impacts onother affected people such as
illegal occupier of acquired land
etc.

WB Policy will apply.

Bank requires: i) Screening to
identify whether Indigenous
Peoples are present, ii) Social
assessment to assess potential
adverse impacts, iii) Consultationand participation, iv) preparationof an Indigenous Peoples Plan (ifrequired), and v) Public
Disclosure.

FSM law recognizes the heritage,
traditional boundaries and cultural
ties to the islands.

As the overwhelming majority of
beneficiaries are indigenous, theelements of the policy are‘integrated into design’ and no
separate Indigenous People Planis required.
Planning and implementation of
Project activities set out in the
E&S instruments (including RF,
ESMF and SEP) will aim to ensurethat traditional institutions andleadership are respected as well
as recognition of cultural norms,
land tenure arrangements,
meaningful consultation andparticipation.

December 2021

FINAL

36

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

4.

Project Principles, Entitlements and Procedures

4.1

Project Policy Principles
The following policy principles for livelihood restoration, compensation and mitigation ofphysical and economic displacement impacts for the PRIME and SCORE Projects will
apply to all works under Component 2, as well as any physical works activities underComponent’s 1 and 3, as relevant:•Minimization of impacts:oWorks kept to existing primary and secondary road corridors identified aspart of the PRIME and SCORE Roads 10. However, some minor realignmentof existing roads or road assets (e.g. bridges, causeways) may be included
if technically required. There will be no new alignments nor improvements
to roads not identified as PRIME and SCORE Roads;oSevere environmental and/or social impacts will be screened out of works
for consideration under Component 2 (refer Section 2.3.2). Any works thatwould involve relocation of housing, permanent severe impact on livelihoods,
land acquisition involving severe loss of land holdings of an affected person
will not be included for implementation under the PRIME and SCORE
Projects; andoDesign of Project works will prioritize features that have impacts that can be
mitigated relatively simply and be temporary in nature.

•

Land to be secured for the Project via Voluntary Land Donation (VLD) where
suitable and agreeable to affected landowners and occupants. The VLD process
is to be properly managed and documented in accordance with ESS5 (Footnote
10).

•

The Project will design and implement measures to mitigate involuntary
resettlement impacts aimed at restoring, if not improving, standards of living of
those affected.

•

Works on existing roads will adopt a ‘participatory design approach’ with therespective landowners and communities where works are proposed (discussed
further in Section 4.1.1).

•

Involuntary resettlement impacts will be assessed for all works as part of the ‘E&S
Screening Report’, and either a ‘Land Access Due Diligence Report’, ‘Voluntary
Land Donation Report’ or ‘Abbreviated Resettlement Action Plan’ is to be prepareddepending on the nature and extent of physical or economic displacement, meansof land access as well as mitigation approach.

•Consultations and public participation will be carried out as an ongoing process
throughout project planning, design, implementation and post-project stages.
Affected people and communities in the vicinity of project works will be given
advance notice of planned works schedules.

10 For the purposes of this Project, ‘PRIME and SCORE Roads’ are defined as the roads that will be assessed as part of Technical
Assistance aspects of the PRIME Project, including the VA/CRRS and ESA studies, which include the majority of the existing‘primary roads’ on the main islands of each FSM State, and some additional secondary roads that are considered to be of strategic
and/or economic importance by DoTC&I.

December 2021

FINAL

37

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

4.1.1

•

Eligible PAPs will receive entitlements and livelihood rehabilitation measuressufficient to assist them to improve or at least maintain their pre-Project living
standards, income earning capacity and production levels.

•

Particular attention will be given to the needs of vulnerable PAPs including sociallyand economically vulnerable groups. This may include those without legal title tothe land or other asset/s, households headed by females (where appropriate 11) the
elderly or disabled, vulnerable road users due to road construction 12, and othervulnerable groups such as people living in extreme poverty or hardship 13.

•

Land requirements for Project works will be arranged through either voluntary land
donation or involuntary land acquisition. Compensation for land, where required,
will be at replacement cost.

•

For displaced non-land assets, assistance will be provided to relocate and reinstall
the property. Where these cannot be viably relocated, the PIU will arrange for likefor-like replacement or compensation at replacement cost. Compensation will be
provided for loss of income due to temporary business closure as a result ofconstruction activities, where disruption cannot be avoided.

•

The customs, traditions, religious practices and institutions of all PAPs will be
respected. This includes recognition and inclusion of traditional customaryleadership in the consultation arrangements and decisions over potential losses ofcustomary land.

•

A complaints and grievance mechanism is to be established for the PRIME and
SCORE Projects (refer Section 7) to solve disputes and complaints from PAPs.

•

The impacts of the works, including unforeseen losses and damages that may
occur during either construction or operation, will be carefully monitored andremedial steps taken as required (refer Section 10).

Participatory Design Approach
Planning of improvement works on existing roads will adopt a ‘participatory design
approach’ with respective landowners, land users and communities. This will involve
detailed consultations with communities and landowners during the design phase,commencing at the preliminary design phase. Design for road improvements will be an
iterative process of consultation and design development. Design consultants are topresent communities and landowners with objectives of the road improvements based on
issues that need to be addressed (e.g. water drainage issues) and general design options
and implications for road footprint/impacts. Feedback from communities and landowners
on what is preferred and acceptable informs parameters for basic design. The Terms ofReference (TOR) for works design is to include explicit requirements for participatory
design approach.
Community participation will include clear consultation, documentation of agreements andmonitoring procedures, and any impacts are minimal and mitigation/restorative measures

11 Note: On some islands in FSM all houses are headed by a female as they own the land.

household would not be considered a vulnerable person.

In these cases, the female head of the

12 Vulnerable road users include road users who are more vulnerable to harm because they are not in a vehicle, including pedestrians,

motorcyclists, cyclists, and those on animals or animal drawn carts.

13 As determined and identified by the relevant community leader.

December 2021

FINAL

38

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

are acceptable to affected people.
improvements to existing roads.

4.1.2

See Section 2.3.2 for description of expected

Voluntary Land Donation
If sections of the land adjacent to the road corridor are expected to be required for minor
adjustment of the road alignment or for ancillary works such as installation of new culverts
or creation of drainage outflow easement, access to land for the works will need to be
secured.
In some limited circumstances, Voluntary Land Donations (VLD) may be an appropriate
form of securing land access for the Project. Such circumstances may include installationof drainage, creation of easements for drainage outflows, minor realignment of existingroads that would not result in significant land loss.
In such instances VLD may be acceptable providing that it is demonstrated that:a) The amount of land being donated is minor (less than 5% of PAP’s land holdings)
and will not reduce the donor’s remaining land area below that required to maintainthe donor’s livelihood at current levels;b) No household relocation is involved;c) The donor is expected to benefit directly from the Project;d) The potential donor or donors have been appropriately informed and consulted
about the Project and the choices available to them;e) Potential donors are aware that refusal is an option, and have confirmed in writing
their willingness to proceed with the donation; andf)

For community, customary or collective land, donation can only occur with theconsent of individuals using or occupying the land as well as the person(s)authorized to make decisions over the land.

VLD negotiations cannot be a precursor for involuntary land take if the a voluntaryagreement cannot be reached.
The PIU and local authorities will maintain a transparent record of all consultations andagreements reached especially those in relation to VLD.
VLD would cede land to the GoFSM at no cost but the Project protocol on VLD (provided
in Appendix B) requires compensation for lost crops and other non-land assets that cannot
be viably moved.
Where small (i.e. marginal) areas of land are required, VLD is preferred by the GoFSM as
the prioritized mode of acquisition for the PRIME and SCORE Projects wherever possible
particularly in cases where the landowner directly benefits from the works going ahead.
Additionally, PAPs have the right to make a contribution of land or other assets of theirown volition without seeking or being given any form of compensation. Potential works
associated with drainage outflows and minor realignments is described in Section 2.3.2.
The Project VLD Protocol also applies for the donation of community, customary orcollective land. As stated in the protocol, VLD cannot be applied when (i) customary rights
holders do not support, or will not directly benefit from, the Project, and (ii) conflicts overland exist where conflicts over land exist, including customary collective ownership.

December 2021

FINAL

39

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Therefore care must be taken to ensure that:a) The rights and claims of customary and informal users affected by the land
donation are systematically and impartially identified;b) Potentially affected individuals, groups or communities (i.e. those that use or
occupy the land) are meaningfully consulted, informed of their rights, and provided
with reliable information concerning environmental, economic, social and foodsecurity impacts of the land donation;c) Community stakeholders are enabled to negotiate appropriate conditions for thetransfer;d)Appropriate benefit sharing and grievance mechanisms are put in place andimplemented;e) The terms and conditions for the transfer are transparent; andf)Mechanisms are put in place for monitoring compliance with those terms andconditions.

Grievances may be referred to customary conflict mediation arrangements where they are
not directly affiliated with traditional leaders who are a party to the donation process.

4.1.3

Involuntary Land Acquisition
Involuntary acquisition of land may be applied where land is required for (i) significant
realignments such as replacing bridges on a new alignment, or (ii) minor land requirements
cannot be secured through voluntary arrangements for discrete works where VLD Protocol
requirements are not met and the works are deemed essential and a suitable alternativesite cannot be identified. Land that is involuntarily acquired along with other associatedlosses will be compensated at replacement cost.

4.2

Eligibility for Entitlements and Compensation

4.2.1

Project Affected Persons
Project Affected Persons (PAPs) are those persons and families who have land, assets or
livelihood which are impacted by the Project either temporarily or indefinitely, irrespectiveof whether they have formal proof (certificate) of their right to utilize the land or asset, or
whether the assets impacted are located within an existing road easement vested in thestate.
For the purpose of this assessment, PAPs are considered those who will potentially loseland and/or assets or access to assets located within the works footprint or experienceland access restrictions leading to loss of income sources or means of livelihood.
None of the PRIME and SCORE projects works are expected to result in physicaldisplacement of households (i.e., involuntary resettlement/relocation) and would bescreened out. Subsequently, entitlements for individuals subject to physical relocation, as
well as their potential host communities, have not been outlined in the entitlement matrix
provided in Section 4.3.1.

4.2.2

Eligibility Cut-Off Date
The eligibility cut-off date for PAPs should be the date of completion of the IOL for
Component 2 works. Persons occupying the works footprint (whether they are within or

December 2021

FINAL

40

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

adjacent to the road easement) or fixed assets (such as built structures, crops and fruit
trees) established after the cut-off date are not eligible for compensation and/or livelihood
restoration assistance.
As neither the location nor timing of Component 2 works have yet been determined, an
IOL and eligibility cut-off date for the works has not yet been established.
Once the VA and CRRS studies have been completed, the PIU is to work with state andmunicipal agencies as well as land owners and local community leaders to reach aconsensus on the date of IOL and eligibility cut-off for Component 2 works, as well asemphasize the significance and meaning of the cut-off date.
The eligibility cut-off date will therefore be based on the PRIME and SCORE Projects’
specific IOL, rather than any previous assessment undertaken in the works location.
Eligibility for access to compensation entitlements should apply to all persons with land
use rights utilizing land for agricultural, residential, business, government or cultural
purposes or physical assets located within the road easement within the works footprint at
the time of the IOL and cut-off date.

4.3

Entitlements
The Project entitlements presented in the Entitlement Matrix (Section 4.3.1) andsummarized below will address the various types of losses as expected for the PRIME and
SCORE Projects.
As set out above, the absence of legal or formal title to land is not a barrier tocompensation, nor is the presence of assets currently located within the road easement.
Both male and female PAPs should continue to be equally consulted and their rights
recognized. Negotiations, entitlements and livelihood restoration should be with/to bothmale and female head/s of each household.
The actual compensation entitlements should be finalized and agreed upon in consultation
with the State and Municipal Government authorities as appropriate but will not be lessthan the entitlement standards set out in this Resettlement Framework. The PIU is torecord and formalize outcomes of this consultation.

4.3.1

Entitlement Matrix
The entitlement matrix in Table 4-1 below provides a summary of the specific entitlementsof the PAPs for each type of impact from both Projects.

December 2021

FINAL

41

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Table 4-1: Entitlement Matrix for the PRIME and SCORE Projects

Impact/Loss
Permanent loss of land.

Eligibility
Legally recognized freehold or customary landowner.

Mitigation / Entitlement•••

Implementation Considerations

Arranged through VLD, where appropriate.
Land-for-land compensation where
possible.
Otherwise compensation at replacement
cost.

Refer to Project Voluntary Land Donation
Protocol for description of conditions for VLD.
In the case of realignment of roads, offsetting
the land lost through replacement of land fromthe old alignment will be explored as a priority
option.

Partial loss of house structure(residual portion viable for continued
use after repair).

Owner of structure regardless as to whether or
not they have legally recognizable rights to theland on which the house is located.

•

Compensation at replacement cost fordamages, including cost of repairs (butwithout deduction for salvageable
materials).

Works involving severe impacts on houses (i.e.
structure no longer usable) will be screened
out.

Partial loss of commercial main
structure.
OR
Severe loss of commercial main
structure that is temporary in nature(shop can be rebuilt on residual land).

Owner of structure regardless as to whether or
not they have legally recognizable rights to theland on which the house is located.

•

Compensation at replacement cost fordamages to commercial structure, including
cost of repairs (without deduction forsalvageable materials).

Works involving severe impacts on commercial
structures (i.e. structure no longer usable andcannot be rebuilt on residual land within a shortperiod of time) will be screened out.
Replacement is to include full cost of repairs, or
like-for-like structure.

Severe temporary disruption tobusiness due to partial or severe lossof commercial structure.

Business owner of affected business regardlessas to business registration and regardless as toownership of affected land.

•Compensation for lost income forreasonable period of disruption.
Compensation for lost income of
employees.

The reasonable period of lost income is basedon time required to repair/rebuild affectedbusiness structure or otherwise actual time ofblocked access to business. Compensation is
to be based on net monthly income, and/or
monthly wages.

Loss of secondary structures.
(e.g. fences, walls, driveways,
pavement, store, shed, or similar).

Owner of structure regardless as to whether or
not they have legally recognizable rights to theland on which the sructure is located•For moveable structures: assistance toremove and reinstall structure.

•

For non-moveable structures: removal andreplacement; OR compensation at like-forlike replacement cost, if removal andreplacement is not possible (without
deduction for salvageable materials).

Assistance to remove and reinstall structures tobe provided by Contractor.
Replacement of non-moveable structures byContractor for simple structures such aspavement.

December 2021

•

•

Final

42

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Impact/Loss
Loss of crops and productive
trees/perennials.

Eligibility
Owner of crops or productive trees/perennials
regardless as to whether or not they havelegally recognizable rights to the land on which
the crops/tree/perennial is locatedMitigation / Entitlement•••

Implementation Considerations

Advance notice to harvest annual crops (nocompensation).
Assistance to move non-mature productive
trees/perennials.
Compensation shall be provided for mature
productive trees, where disturbance isunavoidable.

Disturbance of mature productive trees are to
be avoided where possible.
Compensation for productive trees shall bebased on type, age and productive capacity
and the cost of production and rearing of trees;
OR market value for timber or fuel wood (asappropriate).

Loss of cultural sites (e.g. graves
sites).

If privately owned grave, owner of grave ordesignated family representative.
If grave is considered to be communally owned,or if there is no designate family representative,then traditional leader or traditional leader
designate.
If other cultural object which is permitted to be
moved, recognized owner, designated family
representative, or traditional leader (ifcommunally owned)•

Assistance to move cultural sites (e.g.
grave site).

Agreement and permission to relocate graves
or other cultural object must be obtained from
authorized family representative or traditional
leader as appropriate.
Assistance is to include both logistical (e.g.
excavation, relocation and reburial) andritual/religious aspects (e.g. ceremonies).

Impacts due to construction(Impacts that fall under construction
method for which the contractor is
responsible for determining).

Non-land asset owner for compensation of suchlosses;Recognized land owner for payment of any
rentals;
Business owner for any loss of businessincome.

•In the event of non-land asset losses,
compensation for affected non-land assets
at full replacement cost commensurate with
rates set out in the AbbreviatedResettlement Action Plan.
Temporary use of land will be arranged
through VLD where possible. If VLD not
possible, ‘rental allowance’ to be provided
as agreed between the landowner andContractor. At the end of the ‘rental period’
the land is to be returned to the landownerin the same condition as prior to use, as
acceptable to the landowner.
In the event of restricted land use or
disruption to access, (loss of access to

Temporary impacts due to construction will bemonitored and reported as part of monitoring of
the Environment and Social Management Plan.
For diversion roads that are planned in advanceof works by the PIU, the impacts and mitigation
measures are to be covered under the
Abbreviated Resettlement Action Plan orVoluntary Land Donation Plan as appropriate.
Access to property is to be maintained at all
times (i.e. no communities or individuals
isolated).
If the land has been adversely impacted (asdetermined by the PIU and landowner), thenthe Contractor is either to restore, or provide
the landowner assistance to restore the land toan agreed condition and productivity.

••

December 2021

Final

43

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Impact/Loss

Eligibility

Mitigation / Entitlement•

Unforeseen or unintended impacts.

December 2021

Affected person

•

Final

Implementation Considerations

property, or transport network), theContractor is to provide alternative access.
In the event that construction works
completely block access (without
alternative access) to a business thencompensation for lost income for the period
of disrupted access will be provided by thecontractor.
Entitlements for unforeseen or unintended
impacts will be developed in accordancewith the principles set out in the RF, FSM
legal framework and WB ESF. New
mitigation measures will need to beapproved by the DoTC&I and agreed by
WB.

44

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

5.

Processes for Securing Land Access

5.1

Environmental and Social Risk Screening
Once the climate resilient road works have been identified and prioritized for FSM as part of
the VA and CRRS studies, two rounds of environmental and social screening are to beundertaken by the CIU Safeguards Team (supported by environmental and social consultants
engaged by the PIU, as required) as part of the feasibility and design process for Component
2 works. This screening process is to outlined below:
1) Initial E&S Risk Screening (activity selection / prioritization under PRIME and
SCORE Projects) - an ‘Initial E&S Screening Form’ (Appendix C, Form 1) is to becompleted which identifies potential high-level environmental and social risks andimpacts of the proposed works and any critical risks that could prevent the identified
works from being implemented under the PRIME and SCORE Projects.
2) Detailed E&S Screening (during preliminary design) – preparation of an ‘E&S
Screening Report’ after the works are further defined as part of the preliminary design
process and to feed into the design and impact mitigation process. This report is toinclude:a. An outline of the Project environmental and social risk screening process;b. Completed ‘Environmental and Social Screening Forms’ (Appendix C, Forms
2 to 4 of the ESMF);
c. A summary of the works E&S Screening, including social and resettlement (asdirected by the Appendix C, Form 2);
d. A summary of the findings of the screening process, (as directed by the
Appendix C, Form 3 – E&S Assessment and Management Plan Requirements;
and Form 4 – Agreed E&S Documents); ande. Recommendations for the environmental and social assessment andpreparation of environmental and social risk management instruments.
On the basis of the environmental and social screening, the Project will adopt one of thefollowing approaches:3) Further redesign of the works to avoid/minimize land and/or asset loss wherepractical (in which case the E&S Screening Report will need to be updated, after
completion of the redesign). The design team, PIU, environmental and social
consultants and CIU Safeguards Team are to work together to identify risks andmitigation measures in design in compliance with the WB ESS and RF.
4) Preparation of a Land Access Due Diligence Report in the event of no anticipatedinvoluntary resettlement impacts confirming no further requirement for land accessplans (i.e. Voluntary Land Donation Report or Abbreviated Resettlement Action Plan).

December 2021

Final

45

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

5) Preparation of either a Voluntary Land Donation Report, or AbbreviatedResettlement Action Plan if impacts to land and/or assets are identified. This is tobe undertaken in parallel with detailed design.
The E&S screening process in relation to the RF is illustrated in the flow chart Figure 5-1. The
scope of these documents is outlined in Section 5.2 below.

Figure 5-1: E&S screening process in relation to the RF.

The E&S Screening Report and all other relevant information relating to access restrictions orland and asset acquisition will be prepared by the CIU Safeguards Team (supported byenvironmental and social consultants engaged by the PIU, as required) and submitted together
with the feasibility study report to the WB for review and clearance.

5.2

Preparation of Land Access Reports and Plans

5.2.1

Land Access Due Diligence Report
In the event of no anticipated involuntary resettlement impacts, a Land Access Due Diligence
Report is to be prepared for the works 14.
This Land Access Due Diligence Report is to be prepared after the completion of the E&S
Screening Report and preliminary design phase and concurrently with the detailed design
process to provide information about the due diligence conducted to confirm absence of
involuntary resettlement impacts.

14 For example, all works are to be undertaken on an existing road corridor or on Government or public land and no disturbance ofadjacent land and/or assets is identified.

December 2021

Final

46

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

The Land Access Due Diligence Report will include the following:(i) A brief description of the works site including a location map and pictures;(ii) A description of proposed works and type of activities;(iii) Findings of the field visit and observations on the works site. The report will also notepotential requirements for temporary use of land that are to be subsequently
determined during construction as part of the contractor’s construction methodologythat will be mitigated through measures included in the ESMP 15;(iv) Process and outcome of consultations with stakeholders, including records ofmeetings (attendance, minutes etc);(v) Plans for monitoring and ongoing consultations with local community; and(vi) Confirmation that there are no involuntary resettlement impacts and that neither a
Voluntary Land Donation Report, or Abbreviated Resettlement Action Plan is required.
This report is to be included with the feasibility report to be submitted to the WB.
The Land Access Due Diligence Report will be prepared by the CIU Safeguards Team (withsupport from environment and social consultant engaged by the PIU, as required) andsubmitted together with the feasibility study report to the WB for review and clearance.
5.2.2

Voluntary Land Donation Report
The principle of Voluntary Land Donation (VLD) is outlined in Section 4.1.2. Should VLD be
negotiated for road works a Voluntary Land Donation Report is to be prepared which complies
with the VLD protocol for the Project (Appendix B). The VLD Report will be prepared by the
PIU with support by the E&S Consultants (as required). As a minimum the report is to include:(i)

A brief description of the works site including a location map and pictures;(ii) A description of proposed works and type of activities;(iii) Confirmation of current land status, ownership, and usage (supported by land records,
road easement documents etc);(iv) Findings of the field visit and observations on the works site;(v) Land survey (including land survey map, and list of participants in survey with genderequality);(vi) List of voluntary donations of land and any other assets (including area, type and valueof voluntarily ‘gifted’ land) accompanied by signed VLD forms;(vii) Confirmation that no severe losses will occur as a result of the donation (such as land
loss being less than 5%, no severe or permanent impacts on livelihoods or income

15 An example would be expectation for temporary diversion road or laydown area to be determined by the Contractor.

December 2021

Final

47

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

sources, no physical displacement) and articulate the direct benefits to the donors by
the project improvements;(viii) Schedule of land acquisition/donation, if applicable; and(ix) Process and outcome of consultations with stakeholders. Records of at least two
meetings, including 1) Minutes of disclosure meeting about the right of land users, and
2) Minutes of the meeting to discuss and make agreement.
Where voluntary donation of land is accompanied by compensation or restorative measuresfor non-land losses, the VLD report details will be incorporated into an AbbreviatedResettlement Action Plan.

5.2.3

Abbreviated Resettlement Action Plan
In the event of anticipated involuntary resettlement impacts including involuntary acquisition ofland, loss of non-land assets, and/or permanent restricted access/land use (such aseasements) are identified where VLD could not be negotiated with the landowner, anAbbreviated Resettlement Action Plan (ARAP) is to be prepared by PIU with support by E&S
Consultants (as required).
The ARAP is to be consistent with the scope of a ‘Resettlement Plan’ outlined in ESS5 (Annex
1.A), including the following key elements:(i)

Description of the road works and objectives;(ii) Scope of impacts associated with land access requirements for the works;(iii) Social assessment, including baseline socio-economic survey of PAPs;(iv) Eligibility;(v) Consultation, disclosure and community participation;(vi) Entitlements, means of mitigation and restoration of losses;(vii) Implementation schedule;(viii) Costs and budget, including means of valuation for any required compensation;(ix) Grievance redress mechanism;(x) Monitoring an evaluation; and(xi) Arrangements for adaptive management.
The ‘Additional planning requirements where resettlement involves economic displacement’as set out in ESS5 will also be incorporated if permanent impacts on livelihoods occur.
The details to be included in this document are to be appropriate for the scale of land and/or
asset acquisition and associated livelihood impact. The ARAP is to also identify genderconcerns and special measures for vulnerable PAPs (if any) through consultations withaffected communities.

December 2021

Final

48

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

No physical displacement (i.e., relocation) of PAPs or ‘involuntary acquisition’ of land that
results in severe loss will take place under the PRIME and SCORE Projects and will bescreening out during the preliminary design phase.
A social assessment including relevant socio-economic data of PAPs is to be undertaken as
part of the IOL to determine potential social issues and likely adverse impacts of the works.
This social assessment is required in order to understand the following:•

Existing socio-economic conditions of the PAPs and baseline information on livelihoods(including livelihood and income, type of land and other resource use, formal andinformal economic activities, and standard of living such as health status);•

The magnitude of the expected loss including permanent and temporary loss anddisturbance of land and/or of assets and the extent of economic displacement; and•Information on gender concerns and vulnerable groups or persons for whom special
provisions may have to be made.

5.3

Arrangement for Securing Land

5.3.1

Permanent Land Requirements
If land loss is identified, the PIU will forward outline plans to the State Land Commission (ordelegated authority), identifying areas both within and directly adjacent to (if appropriate) theland required for the works.
The Land Commission carries out a search of land ownership and registered user rights in thevicinity of the works and identifies potentially affected landowners and those with formalizeduser rights.
Where VLD has been assessed to be a potential mode of acquiring land access, the Land
Commission supported by PIU will undertake negotiations with the potentially affected landowner.
In the case of transfer of freehold or customary land through involuntary acquisition, the Lands
Commission will prepare a Sale and Purchase Agreement based on the assessed replacement
value. The Sale and Purchase Agreement is to then be forwarded to the Council of Chiefs for
its Board’s consent.
Once the VLD, or Sale and Purchase Agreement, has been formalized, the details will be
included in a ARAP or Voluntary Land Donation Report, as appropriate. and compensation
has been paid (if appropriate), a Certificate of Transfer is prepared and sent for execution.
The process for transfer of title (if required) is to follow the appropriate Land Registration
Procedures for each State, outlined in Appendix A.

5.3.2

Temporary Land Requirements
Temporary loss may occur when land adjacent to the road easement is temporarily used forworks activities during construction (such as for temporary access roads, construction laydown
areas, temporary bridge crossing, etc).

December 2021

Final

49

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Arrangements for use of the land will be negotiated with the land owner. This agreement could
either be offered by the landowners as goodwill particularly if the landowner is likely to benefit
from the works in the future or could include a rental allowance for the period of use andtemporary loss of access to this land as agreed with the landowner. Any loss of non-landassets such as loss of productive trees or minor structures will be compensated at replacementcost.
If the land requirements are planned and arranged by PIU in advance of works, thearrangements will be set out in an ARAP. If the arrangements for the temporary land use are
to be determined by the contractor as part of its construction methodology, then thearrangements will be managed through the Environment and Social Management Plan
(ESMP).
At the end of the temporary use (or rental) period the land is to be returned to the landownerin the same or condition as prior to use including productivity, and in a condition acceptable tothe landowner. Should it be determined by the PIU and landowner that the land has been
adversely impacted then the landowner is to be offered assistance by the Contractor to restore
the land to an agreed condition and productivity.

5.3.3

Means of Determining Compensation
Where compensation is required for either land or non-land assets, compensation will be at
replacement cost as determined through the following process:1) The Land Commission (or delegated authority) in collaboration with the PIU is to prepare
initial valuations using local market prices and establish standard compensation ratetable for land (cost per m2) and assets impacts by the Project specific for each State. If
suitable valuation expertise does not exist within the Land Commission (or delegatedauthority) then an independent valuer is to be engaged by the PIU in each State todevelop this compensation rate table for the Project based on likely land and/or assets
identified in the IOL. This valuation is to be undertaken within six weeks of the IOL.
FSM State compensation rates will be applied where these are assessed as meeting
replacement cost values. Otherwise top up values will be added to ensure thecompensation provided is at the assessed replacement cost.
2) This valuation process is to be transparent, and shared with affected landowners.
3) If the landowner does not agree with the Land Commission (or independent valuer)
valuation, the landowner has the right to engage a private valuer to review thedetermination (at their own cost).
The compensation rate valuation undertaken by the Land Commission (or independent valuer)
is to include full replacement cost at ‘like-for-like’ replacement and include the following
elements:
a. Fair Market Value: Where markets function, fair market value can be assessed byexamining land sales or rental records in the last 3 or 4 years for similar properties.
Land and rent values can differ widely both between and within FSM States due tofactors such as proximity to the coast (for tourist developments) or fertility and flatnessof agricultural land. In such cases, the market value is the going price of an asset in the

December 2021

Final

50

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

open market, but where markets do not exist (as in much of FSM), field investigations
are needed to collect baseline data to value assets and to ensure that the valuation isrealistic.
b. Transaction Costs: These may include the legal and documentation expenses
associated with updating land records to reflect sales, transfers, inheritances andleases, as well as the legal expenses associated with registering property titles for
replacement lands and houses. These costs will be paid by the Project and are counted
as part of the replacement cost.
c. Interest Accrued: When there is a gap of time between the agreed schedule and theactual payment of compensation, the interest that accrues over that period must be
included in the replacement costs.
d. Restoration Costs: Restoration cost refers to necessary improvements on land or to
housing to achieve the objectives of enhancing or at least restoring, livelihoods,
compared with pre-project levels.
e. Deduction for Salvage Materials: Salvage materials are not to be deducted from full
replacement cost calculations.
f.

Depreciation: Depreciation will not be considered when valuing compensation for
affected structures.

For income losses from disruptions to employment or businesses (either permanent or
temporary disruption) the following are to be provided:
1) Cash compensation for a reasonable period of lost income (i.e. the period of time thebusiness is disrupted by the works such as restricted access).
2) The value of lost income or salary to be provides is to be based on net monthly income
and/or wages pro-rated over the past 12 months (where possible).
3) The business compensation assessment is to be based on formal declared income, orwhere this does not exist based on financial records and verified by an appropriate local
community leader.
4)

December 2021

At least the legal minimum wage will be provided to impacted employees.

Final

51

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

6.

Stakeholder
Participation

Engagement,

Consultation

andStakeholder engagement will be undertaken throughout the PRIME and SCORE Projects
including planning and design, construction and post construction phases (i.e. operation) forall specific Component 2 works to be implemented under the PRIME and SCORE Projects andfor all technical advisory activities under Component’s 1 and 3 where relevant as per the PIME
and SCORE Stakeholder Engagement Plan (SEP).
The stakeholder engagement process for the broader PRIME and SCORE Projects is
described in detail in the SEP 16 including stakeholder engagement undertaken to date a partof Project preparation and those required throughout the PRIME and SCORE Projects.
Set out below is a summary of key considerations regarding stakeholder engagement relevantto the RF.
A wide range of stakeholders have been identified for consideration throughout the Project(outlined in the SEP).
Each Component 2 works (particularly relevant for implementation of the RF) will have a
discrete list of stakeholders identified and engaged with as part of the land access procedure
process which will specifically focus on:•

Land Owners and Occupiers – called Project Affected Persons (PAPs) under ESS5.

•

Local Communities (including nearby or indirectly affected villages, community interest
groups, road users etc).

•

Relevant Municipal and State Government departments and agencies.

•

Traditional / community leaders.

•

Others (including NGOs, CBOs, businesses, utility providers etc).

A variety of mechanisms will be utilized to consult with the identified stakeholders during
implementation of the RF including:(i)Village meetings involving women, men and youth from communities;(ii) Specific facilitated meetings with PAPs (e.g. land owners, disrupted businesses etc)
and community leaders (e.g. village chiefs), regarding:a. ‘Participatory design approach’ during design phase, commencing withpreliminary design development.
b. Confirming land / asset ownership.
c. Securing land access.

16 DoTC&I, 2020, ‘Prioritized Road Investment and Management Enhancements (PRIME) Project, FSM: Stakeholder Engagement Plan’,

Report prepared for Department of Transportation, Communication and Infrastructure.

December 2021

Final

52

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Frameworkd. Negotiating VLD.
e. Confirming and providing entitlements.
(iii) Separate meetings with specific interest groups and their representatives, as required(including women, youth, senior, religious, vulnerable households etc);(iv) Key informant interviews with relevant government staff (e.g. Land Commission, Courtof Land Tenure, Division of Lands, Planning Office) and community/ traditional leaders;(v) One-to-one socio-economic household survey of PAPs and affected communities (inthe event a ARAP is required);(vi) Participatory Inventory of Losses (IOL survey); and(vii) Informal conversations with passers-by, transport users and other interested parties
near the works site.
To ensure broader participation consultations are to be undertaken at venues, times and inlanguage that do not disadvantage any particular groups (e.g., women, or vulnerable
households).
Vulnerable groups are to be targeted through representative organizations including women,
disability and youth associations. Remote communities which are often low income will be
included through their traditional (e.g. chiefs) and formal representatives (e.g. senators).
Other considerations to be taken into account through the stakeholder engagement process
for the Project are outlined in detail in the SEP. A summary consultation and participation plan
to prepare and implement land access and resettlement activities derived from the SEP issummarized in the table below.
Table 6-1: Summary Consultation and Participation Plan for RF Activities

Stakeholders

Stakeholder
Engagement Topic /Scope

Topic/ Objectives

Preliminary Design for Works (during preparation of preliminary design )Community groups withspecific interest in Projectworks (including indigenous
peoples traditional leaders).
Women’s groups

December 2021

Publicmeeting/workshop to
be attended byrepresentatives of
relevant community
groups, and otherstakeholders.
Meeting notification to
be advertised via
radio and newspaper(if appropriate).

• Outline scope of specific roadworks proposed (including
specific likely impact oncommunity).
• Obtain information/data.
• Update Project status andschedule.
• Obtain feedback to inform
preliminary design (participatory
design).
• Identify potential PAPs andvulnerable groups.

Final

53

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Stakeholders

Stakeholder
Engagement Topic /Scope

Topic/ Objectives• Endorsement of traditional
leaders is to be sought for the
E&S approach for proposed
works.
Landowners and occupiers
may be directly affected by
the Project works.

Specific one-on-one
meetings with specificProject affected
persons/communities
who have thepotential to haveland/asset or access
impacts as a result ofspecific works.

• Outline scope of specific roadworks proposed (incl. specificlikely impact on
land/assets/access).
• Obtain information/data.
• Update Project status andschedule.
• Obtain feedback to inform
preliminary design (participatory
design).
• Minimize social impacts.
• Reach agreement on preferreddesign option andmitigation/restorative measures.

Vulnerable groups/roadusers who could be
disproportionately affectedby proposed works.
Pedestrians, elderly,minors, cyclists.

Could either by a partof community
meeting/workshop, or
one-on-one meetings
if appropriate (i.e., notpresent, or able tovoice concerns, inpublic meeting).

• Outline scope of specific roadworks proposed (incl. specificlikely impact on land/assets/
access).
• Obtain information/data.
• Update Project status andschedule.
• Obtain feedback to inform
preliminary design (participatory
design).
• Minimize social impacts.
• Reach agreement on preferredapproach andmitigation/restorative measures.

Detailed Design for Works / Preparation of ARAP or Land Access Plans
Community groups withspecific interest in Projectworks (including indigenous
peoples traditional leaders).
Women’s groups

December 2021

Publicmeeting/workshop to
be attended byrepresentatives of
relevant community
groups, and otherstakeholders.

• Outline design of specific roadworks proposed (incl. specificlikely impact on land/ asset/
access).
• Obtain information / data andfeedback to inform detailed

Final

54

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Stakeholder
Engagement Topic /Scope

Topic/ Objectives

People with Disability
groupsSenior Citizens groups

Meeting notification to
be advertised via
radio and newspaper(if appropriate).

Landowners and occupiers
may be directly affected by
the Project works.

Specific one-on-one
meetings with specificProject affected
persons/communities
who have thepotential to haveland/asset or access
impacts as a result ofspecific works.

design (participatory design) andLand Access Plan development.
• Reach agreement for
mitigation/restorative measures.
• Endorsement of traditional
leaders is to be sought for the
E&S instruments for proposed
works.

Vulnerable groups/roadusers who could be
disproportionately affectedby proposed works.

Could either by a partof community
meeting/workshop, or
one-on-one meetings
if appropriate (i.e. notpresent, or able tovoice concerns, inpublic meeting).

Stakeholders

Securing land / assistance activities (After completion of detailed design and IOL)
Community groups withspecific interest in Projectworks, including indigenous
peoples traditional leaders,
women’s groups, and landowners/ occupiers.

Specific one-on-one
meetings with key
relevant community
groups, e.g.,community leadersand land owners/
occupiers.

• Reach agreement on process forsecuring land (e.g. VLD, or landacquisition) if required, and asset
compensation or relocation or
assistance from works impacts.

Implementation of ARAP (post ARAP approval)
Project Affected Persons

Public meetings andsmaller groupmeetings as needed• Implementation schedule• Confirmation of entitlements• Arrangements for provisions ofcompensation and assistance.

Works Construction (Prior to preparatory construction activities. After completion of
construction/reinstatement of land/asset disturbed, or temporarily acquired / used.)
Owners of land and/or
assets that are temporary

December 2021

Specific one-on-one
meetings with key
relevant community
groups, e.g.

• Assessment of land and/or asset
prior to disturbance (i.e.
benchmark).

Final

55

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Stakeholders

acquired/used during
construction.

Stakeholder
Engagement Topic /Scopecommunity leadersand land owners/
occupiers, asset
owners.

Topic/ Objectives• Acceptance of condition ofreinstatement land/or asset after
completion of works.

The final draft of the RF, along with the other E&S Instruments, were made available by
DoTC&I to key stakeholders in each State to review and provide comment prior to the
documents being finalized. The final RF and other E&S Instruments are to be publicly
disclosed on the WB website (www.worldbank.org) as well as relevant FSM government
websites (http://www.dofa.gov.fm/world-bank-projects/).
In addition, Stakeholders are to be regularly informed and updated on the PRIME and SCORE
Projects throughout through consultation meetings and public notices (e.g. radio, newspaper
etc, as appropriate), and signs and/or notice boards are to also be erected at the works site.
Details of disclosure activities and requirements are set out in the SEP.

Indigenous Peoples
WB ESS7 of the ESF is relevant as the overwhelming beneficiaries of the Project in each State(Kosraean, Mehn Pohnpei, Chuukese and Yapese) meet several characteristics of indigenous
persons as described in the ESF of the WB. Given this, an ‘Indigenous Peoples Plan' is not
required under ESS7 as the project itself will include appropriate measures to address therequirements of the standard.
Engagement will be undertaken in a culturally appropriate manner and language for theindigenous peoples of each State (e.g., Kosraean, Mehn Pohnpei, Chuukese and Yapese).
The Project will assess and document Indigenous Peoples’ natural resource use and landclaims.
The project approaches towards consultation and participation are consistent with therequirements for Free, Prior and Informed Consent (FPIC) described in ESS7 of the ESF.
During the preparation of the projects, key stakeholders, including traditional leaders of thethree states that have traditional leadership participated in discussion on the projects, theirdesign and key features of the environmental and social instruments. As described in the RF,
the project requires a participatory design approach for physical works design and related
mitigation approaches for physical losses involving participation of affected landowners, land
users, communities and traditional leaders where present. This will include losses that involve
impacts on customary as well as freehold land. The consultation approach set out in the SEP
and RF define stakeholders, including directly affected communities and individuals as well as
traditional leaders.

December 2021

Final

56

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

December 2021

Final

57

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

7.

Grievance Mechanism

7.1

Background

There is a possibility of grievances arising from technical advisory, design, institutional
strengthening, construction or operation impacts from activities associated with the projects.
During the construction and implementation phases of the FSM Prioritized Road Investment andManagement Enhancement (PRIME) and Strategic Climate-Oriented Road Enhancements (SCORE)
projects a person or group of people can be adversely affected, directly or indirectly due to the project’s
activities. The grievances that may arise can be related to social issues such as dissatisfaction regarding
land and/or asset disturbance entitlements or valuation, disruption of access to existing road, bridgeand causeway services, increased traffic congestion, temporary or permanent loss of livelihoods, childlabor, Gender Based Violence (GBV), Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH)and other social and cultural issues.
Grievances may also be related to environmental issues such as excessive dust, noise generation,
sediment discharge, damages to infrastructure due to construction related vibrations or transportationof raw material, traffic congestions, changes to land and property access and associated issues.
Should such situation/s and/or issues arise, there must be a mechanism through which affected parties
can resolve such issues in a cordial manner with the PRIME and SCORE personnel in an efficient,
unbiased, transparent, confidential, timely and cost-effective manner.
To achieve this objective, an up dated Grievance Mechanism (GM) has been developed for thepreconstruction, construction and operational phases of the project to specifically include issues relating
to GBV, SEA and SH.
Managing complaints of GBV/SEA/SH requires different approaches than other types of complaints due
to: sensitivity of the violence; the potential for survivors to experience stigma, rejection, or harm; andbecause of the reluctance of many survivors to come forward. Additional mechanisms are needed thatcreate safe, enabling spaces for survivors to report GBV/SEA/SH that offer a safe, ethical, survivorcentered response. Thus, survivor safety, choice, confidentiality and consent must be systematicallyapplied to all complaints of GBV/SEA/SH. For this reason, the PRIME-SCORE GM includes a specificpathway to receive and resolve complaints of GB/SEA/SH related issues.

A separate GM has been developed for the projects specific labor related issues. This process
is set out in Labor Management Procedure (LMP).

7.1.1

FSM Judiciary Level Grievances

The project level process will not impede affected persons access to the FSM legal system. At any time,
a complainant may take the matter to the appropriate legal (Police) or judicial authority as per the lawsof the FSM. These matters may include where an alleged crime had occurred such as illegal use ofdrugs, child labor, GBV/SEA/SH and so forth. PRIME – SCORE will not interfere will any formal legal
process relating to a complaint.

December 2021

Final

58

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

7.2

Grievance Mechanism (GM) - Complaint

7.2.1

Introduction – Functions and Benefits

The FSM PRIME and SCORE projects allows those that have a complaint or those feel aggrieved by
the projects to be able to communicate their concerns and/or grievances through an appropriate
process. The GM set out below is to be used as part of the PRIME and SCORE projects and will provide
an accessible, rapid, fair and effective response to concerned stakeholders, especially any vulnerable
individual and/or group who often lack access to formal legal regimes.
While recognizing that many complaints may be resolved immediately, the Complaints Register (CR)and GM set out below encourages mutually acceptable resolution of issues as they arise. The CR and
GM has been designed to:a) Be a legitimate process that allows for trust to be built between stakeholder groups and assures
stakeholders that their concerns will be assessed in a confidential, fair and transparent manner;b) Allow simple and streamlined access to the CR and GM for all stakeholders and provide
adequate assistance for those that may have faced barriers in the past to be able to raise theirconcerns;c) Provide clear and known procedures for each stage of the GM process, and provide clarity on
the types of outcomes available to individuals and groups;d) Ensure equitable treatment to all concerned and aggrieved individuals and groups through aconsistent, formal approach that, is confidential, fair, informed and respectful to a complaint
and/or concern;e) Provide a transparent and confidential approach, by keeping any aggrieved individual/group
informed of the progress of their complaint, the information that was used when assessing theircomplaint and information about the mechanisms that will be used to address it; andf)

7.3

Facilitate continuous learning and improvements to the GM. Through continued assessment,
the learning’s may reduce potential complaints and grievances.

GM Eligibility Criteria

Local communities and other interested stakeholders may raise a grievance/complaint at any time tothe traditional leaders and/or government elected officials. Affected local communities are to be
informed about the grievance mechanism and how to make a complaint. Specific awareness will be
conducted with women in local communities associated with the PRIME and SCORE projects on theprocess of lodging a grievance complaint related to GBV/SEA/SH to the GM, and on how to accessother service providers; such as justice, health, counseling, safe accommodation. This will ensure the
PRIME and SCORE projects provides a safe, confidential and enabling environment for women toaccess information and report an GBV/SEA/SH compliant. Eligibility criteria for the GM include:
Perceived negative economic, social or environmental impacts on an individual and/or group, orconcern about the potential to cause an impact;
Clearly specified types of impact that has occurred or has the potential to occur and explanationof how the project caused or may cause such impact; andIndividual and/or group filing of a complaint and/or grievance is impacted, or at risk of being
impacted; or the individual and/or group filing a complaint and/or grievance demonstrates that it
has authority from an individual and or group that have been or may potentially be impacted on
to represent their interest.

December 2021

Final

59

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

In the context of the RF, complaints may potentially include dissatisfaction with the processes related
to participatory design process, VLD, preparation of ARAP or the compensation and assistancemeasures such as compensation or support to remove and reinstate affected moveable property.

7.4

Grievance Mechanism (GM) Pathways and Processes

The GM has been designed to be problem-solving mechanism with voluntary good-faith efforts. The GM
is not a substitute for the legal process. The GM will as far as practicable, try to resolve complaints
and/or grievances on terms that are mutually acceptable to all parties, while recognizing that for someissues, such as GBV/SEA/SH, a mutually resolution is less likely. When making a complaint and/or
grievance, all parties must act at all times, in good faith and should not attempt to delay and/or hinder
any mutually acceptable resolution. However, the GM also recognizes that for some complaints, suchas those of GBV/SEA/SH, the survivor will likely face multiple barriers to making a complaint and accessrequired support. Where such barriers exist, this is not construed as deliberate attempts to delay orhinder the resolution process.
The PRIME and SCORE GM process includes two distinct grievance pathways which include a projectgeneral GM and a GBV/SEA/SH specific GM. The GBV/SEA/SH specific pathway is described in full in
the GRM section of the SEP. The general mechanism is described below.

7.5

General GM

The process for the GM is as follows:
The GM for the PRIME and SCORE Projects is scaled to the risks and adverse impacts anticipated for
the Project. If promptly addressed, and using an understandable and transparent process that is gender
responsive, culturally appropriate and at no costs and without retribution, the concerns and complaintsof potentially affected people will usually be resolved.
The GM process is not a substitute for, or meant to impede access to, regular legal process but provides
a simpler mechanism for complaint resolution. The GM will as far as practicable, try to resolve
complaints and/or grievances on terms that are mutually acceptable to all parties. When making acomplaint and/or grievance, all parties must act at all times in good faith and should not attempt to delay
and/or hinder any mutually acceptable resolution.
If an Aggrieved Person (AP) is not satisfied with, or has a complaint about, an aspect of the Project (e.g.
such as the mitigation or assistance provided) they have the right to lodge a grievance. While every
effort should be made to resolve conflicts by mutual agreement of the parties involved, in some cases,
arbitration and adjudication on disagreements and conflicts by an external mediator will be required.
For consistency, the GM for the PRIME and SCORE Projects is in-line with other GM instruments
implemented in FSM under WB funded projects. This GM process is set out in Table 6-1 for grievance
redress of social and environmental matters relating to the PRIME and SCORE Projects.
Table 6-1: PRIME and SCORE Projects Grievance Mechanism Process
Step

Process

1

The Aggrieved Party (AP) takes their grievance to the PRIME and
SCORE Projects Implementation Unit (PIU), State Focal Points, PIU
Director, national DoTC&I office, Contractor, or contact through the FSM
DoFA website or email.

December 2021

Duration

Final

Any time

60

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Step

Process

Duration

Relevant case information is recorded (e.g. Grievance Form, maps,
notes of meetings, photos, etc).
All grievances (both construction and non-construction related, and thoserelated to SEA/SH/GBV) are to be forwarded to the PIU State Focal Point
for screening and record keeping.
2

Upon receipt of the grievance the PIU State Focal Point or PIU Director
is to screen the grievance to assess whether it is related to the PRIME
and SCORE Projects, and environmental and social issues.
Non-eligible grievances (i.e. those not Project related) are then to bereferred to the relevant agency to follow up, if appropriate.

Within 3 dayof grievancelodged3

The PIU State Focal Point will endeavor to resolve any complaint/issue
immediately, both construction and non-construction related grievances.
If satisfactorily resolved the incident and resultant resolution/corrective
action will be logged and reported to the PIU Project Manager, andcopied to the Centralized Implementation Unit (CIU) (Program Manager
and Safeguards Team).

Within 2
weeks ofgrievancelodged4

If unsuccessful (i.e. AP is not satisfied), the PIU State Focal Point willrefer the AP to the PIU Project Manager and the CIU Program Manager
and Safeguards Team to address and resolve the complaint.
The proposed corrective action is to be reported back to the AP foragreement.

5

Where the complaint has not been resolved, the PIU Project Manager
will refer the grievance to the DoTC&I Project Management Unit (PMU)
Manager for his/her action/resolution.
The PIU Project Manager will log the details of issue and resultant
resolution status (copy CIU Program Manager and Safeguards Team).

6

If the matter remains unresolved, or the AP is not satisfied with theoutcome, the DoTC&I PMU Manager refers the matter to the Project
Steering Committee (PSC) for a resolution, copying the PIU ProjectManager. The PIU Project Manager will log details of issue and resultant
resolution status (copy CIU Program Manager and Safeguards Team).

Within 1
month ofgrievancelodged7

Once the agreed corrective actions are implemented, and the PIU
Project Manager notifies the claimant of the result in writing.

Within 1
week ofresolution

8

If it remains unresolved or the complainant is dissatisfied with theoutcome proposed by the PSC, the AP may refer the matter to theappropriate legal or judicial authority. A decision of the Court will befinal.

Within 3
months ofgrievancelodged(wherepossible) orotherwise asagreedbetweenpartiesduring theprocess.

December 2021

Final

61

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Steps 1 to 5 should be undertaken immediately (i.e., as soon practicable). Where the matter is referredto the PIU Project Manager, a resolution should be sought within two weeks. If unsuccessful and thematter is referred to the Project Steering Committee (PSC), this should occur within a month. The PIU
Project Manager shall report back the outcome of the resolution to the AP within one week total of thecorrective action occurring.
The PIU State Focal Point will be the grievance focal point and receive, record and report on Project
related concerns. If the complaint/grievance relates to a Contractor activity, the Project will ensure theContractor remedies any damage, pays compensation for damage or loss, etc. Use of community
leaders and customary methods of conflict resolution is encouraged and utilized if and when appropriate– on a case-by-case basis.
A complaints register will be maintained and will show the details and nature of the complaint, thecomplainant’s name, the date and actions taken as a result of the investigation (outlined further below).
Each record is to be allocated a unique number, reflecting year and sequence of received complaint (forexample 2021-01, 2021-02 etc.). Complaint records (letter, email, record of conversation) should be
stored together, electronically or in hard copy.
Any grievance related to corruption or another criminal offence, with the exception of complaints relating
to GBV/SEA/SH (which should follow the GBV/SEA/SH specific GM outlined below), needs to be
managed confidentially through the following process.
The aggrieved party/ies take their grievance to the relevant Municipal, State and/or National
Police and notifies the PRIME/SCORE Project Manager.
The PRIME/SCORE Project Manager notifies the PIU, the Secretary of DoTC&I and CIU(Program Officer and Safeguard Team).
If the grievance includes an alleged crime, with exception of GBV/SEA/SH, the PRIME/SCORE
Project Manager will notify the state and national legal offices (e.g., police or Department ofJustice) and report the incidence.
Resolution of these grievances will be the responsibility of the legal systems within each state
and/or national agencies as dictated by state and national law. In these cases, the projects
grievance mechanism will ensure the above due diligence is enacted and due process is
documented with the grievance given a complaint number and recorded. Confidentiality
associated with all criminal cases must be compliant and follow State and National laws.

7.6

How to Get in Touch with the Project

Anyone can ask for information on the project, express a concern, make a complaint (grievance) or get
in touch with the project for any reason. Complaints/concerns can be anonymous, treated confidentiallyand the various ways to get in touch are provided in the tables below:
Table 1: FSM National Contacts
GeneralGM:

FSM PRIME/SCORE Project Manager
All correspondence to: Mr. Trevor Delandro
PRIME/SCORE Project Manager
By Phone: (691) 320- 2080
By
email:
trevor.delandro@tci.gov.fm
wilmer.kilmete@dofa.gov.fm

December 2021

copy

to

shiroya.k.s@gmail.com

Final

and

62

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

By mail: Post Office Box PS-2, Palikir, Pohnpei, FSM 96941
In person: Department of Transportation, Communication and Infrastructure, National
Government, Palikir, Pohnpei, Federated States of Micronesia. Given to the Department’s OfficeSecretary.
Website: tci.gov.fm
Department of Transportation, Communication & Infrastructure (DoTC&I)
All correspondence to: Secretary, Mr. Carlson Apis, Department of Transportation,
Communications and Infrastructure.
By Phone: 691) 320- 2865
By Email: carl@tci.gov.fm and copy to shiroya.k.s@gmail.com and wilmer.kilmete@dofa.gov.fm.
By Mail: Post Office Box PS-2, Palikir, Pohnpei, FSM 96941
In Person: Department of Transportation, Communication and Infrastructure, National
Government, Palikir, Pohnpei, Federated States of Micronesia. Given to the Department’s OfficeSecretary.
Website: tci.gov.fm
GBV
specificGM:

All correspondence to:
Mr. Stuart Penias
Assistant Secretary of Social Affairs
FSM Department of Health & Social Affairs (DHSA)
By Phone: (691) 320-4682
By Email: SPenias@fsmhealth.fm
In Person: C/o Department of Health & Social Affairs, Room 5, Capital Suite, FSM National
Government, Palikir, Pohnpei.
OR
Mr. Kwame Shiroya
Program Coordinator, Central Implementation Unit (CIU)
FSM Department of Finance and Administration (DOFA)
By Phone: (691) 320-2639
By Email: shiroya.k.s@gmail.com
In Person: C/o Department of Department of Finance and Administration, FSM National
Government, Palikir, Pohnpei.

Table 2: FSM State Contacts
Pohnpei State
GeneralGM:

All correspondence to: Mr. Trevor Delandro. PRIME Project Manager
By Phone: (691) 320- 2865
By email: trevor.delandro@tci.gov.fm copy to shiroya.k.s@gmail.com
and wilmer.kilmete@dofa.gov.fm
By mail: Post Office Box PS-2, Palikir, Pohnpei, FSM 96941
In person: Department of Transportation, Communication and Infrastructure, National
Government, Palikir, Pohnpei, Federated States of Micronesia. Given to the Department’s OfficeSecretary.
Website: www.ict.fm

December 2021

Final

63

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

OR
Mr. John Adolph
Administrator – Office of Transportation and Infrastructure (T&I)
By Phone: (691) 320-2411
By Email: isonalaimw@gmail.com
In Person: Office of Transportation & Infrastructure, Pohnpei State Government Building
GBV
specificGM:

All GBV grievance correspondence to:
Ms. Canita R Nakamura
GBV Counsellor
By Phone: (691) 320-2112
By Email: rilometoc@prel.org
In Person: C/o PREL Office, Dolonier, Nett.

Chuuk State
GeneralGM:

All correspondence to:Mr. Tos Nakayama
Director
Department of Transportation & Public Works
Chuuk State Government
By Phone: (691) 330-2592
By Email: renomw1965@gmail.com
In Person: Department of Transportation & Public Works Office, Weno Chuuk

GBV
specificGM:

All GBV grievance correspondence to:
Ms. Christina “Kiki” Stinnet
President – Chuuk Women Council
By Phone: (691) 330-8397
By Email: kikistinnetcwc@gmail.com
In Person: CWC, Tongen Inepwinepw Counseling Center
OR
Ms. Jasyuri Fritz
Assistant Coordinator/ ANT Focal Pont-Chuuk
FSM Department of Justice (DoJ)
By Phone: (691) 330-5977
By Email: j.fritz.fsm@gmail.com
In Person: FSM National Police Office, Weno

Yap State
GeneralGM:

All correspondence to:Mr. Theophilus Thinnifel
Director
Department of Public Works & Transportation

December 2021

Final

64

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

By Phone: (691) 350-2175
By Email: pwtactingdirector@gmail.com
In Person: Department of Public Works & Transportation, Yap State Government
GBV
specificGM:

All GBV grievance correspondence to:
Ms. Linda Teteth
Women Interest officer
Women Interest Office
By Phone: (691) 350-5973
By Email: lmteteth@gmail.com
In Person: Women Interest Office, Yap State Government.

Kosrae State
GeneralGM:

All correspondence to:Mr. Hairom Livaie
Director
Department of Transportation and Infrastructure
By Phone: (691) 370-3011
By Email: hlivaie64@gmail.com
In Person: Department of Transportation and Infrastructure, Kosrae State Government
Building

GBV
specificGM:

All GBV grievance correspondence to:
Ms. Beverly Wabol
Council Member
Kosrae Women’s Association
By Phone: (691) 370-3008/3208
By Email: beverlywabol@gmail.com
In Person: Department of Education, Kosrae State Government, Tofol.
OR
Ms. Lelean Kephas
Assistant Coordinator/AHT Focal Point - Kosrae
FSM Department of Justice
By Phone: (691) 370-3008/3208
By Email: lelean.kephas@doi.gov.fm
In Person: Kosrae Anti-Human Trafficking Office, Tofol.

7.7

Roles and Responsibilities

The following are persons involved in the complaints process and their supporting roles andresponsibilities. All parties are expected to disclose conflicts of interest or potential conflicts of interest
as new complaints arise, and recuse themselves accordingly. Should there be a conflict of interest
with anyone in the following list, that individual will be placed with a designated alternative.
General GM:
December 2021

Final

65

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

 Focal Point for managing the FSM PRIME and SCORE projects Complaints Process: Mr.
Trevor Delandro, Project Manager for the FSM PRIME and SCORE Projects(trevor.delandro@tci.gov.fm).
 Person who will manage the database and record keeping: Mr. Wilmer Kilmete (National
Safeguard Coordinator) and Mr. Kwame Shiroya (Program Coordinator ) at the Central
Implementation Unit (CIU) of the FSM Government Department of Finance & Administration(DoFA).
 Person who will answer simple queries and manage simple complaints: Mr. Trevor
Delandro,
Project
Manager
for
the
FSM
PRIME
and
SCORE
Projects(trevor.delandro@tci.gov.fm).
 Person who will manage difficult complaints or grievances: Mr. Trevor Delandro, ProjectManager for the FSM PRIME and SCORE Projects (trevor.delandro@tci.gov.fm) and Mr.
Carlson Apis, Secretary DTC&I with support from CIU.
 Person/organization who will prepare report/s for World Bank reporting: CIU (DoFA) team.
 Grievance Committee will be formed on an ad hoc basis for complex or significant grievance
management. This will be made up of appropriate senior officials (Assistant Secretary level orabove) from the following:• Department of Finance & Administration (DoFA) with support from CIU Safeguards
Specialist;• Department or Office managing the project at which the complaint is aimed (FSM DoCT&I);
and• Department of Justice FSM National Government and/or State departments of Justice.
GBV Specific GM:
For all GBV (SEA/SH) grievance related issues the following are persons involve in the complaints
process and their supporting roles and responsibilities.
Focal point for managing the FSMTCC projects complaints process: Mr. Trevor Delandro, ProjectManager for the FSM PRIME and SCORE Projects or a designee (who has been trained in handlingcomplaints of GBV and HT) where there is a conflict of interest.
Person who will manage the database and record keeping: Mr. Wilmer Kilmete (National Safeguard
Coordinator) in coordination with Mr. Kwame Shiroya (Program Coordinator) at the Central
Implementation Unit (CIU) of the FSM Government Department of Finance & Administration (DoFA).
Person(s) who will answer simple queries and manage simple complaints:••

Mr. Trevor Delandro, PRIME/SCORE Project Manager;
The GBV service providers / trainers / women’s rights advocates who are women andexperienced in responding to GBV.

Person who will communicate with the survivor: Mr. Trevor Delandro, PRIME/SCORE ProjectManager or where the survivor has chosen to speak to a woman, a woman (who has been trained inhandling complaints of GBV) will be delegate this role by the PRIME/SCORE Project Manager.
Person who will assess if the allegation is likely linked to the project: Mr. Trevor Delandro,
PRIME/SCORE Project Manager.
Person who will inform DTC&I and DoJ of the allegation: Mr. Trevor Delandro, PRIME/SCORE
Project Manager.
Person who will inform the World Bank Task Team of the allegation: Mr. Trevor Delandro,
PRIME/SCORE Project Manager.
Person(s) who will verify the allegation: GBV Grievance Committee, led by Trevor Delandro,
PRIME/SCORE Project Manager.
December 2021

Final

66

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Person(s) who will determine disciplinary action: GBV Grievance Committee, led by Mr. Trevor
Delandro, PRIME/SCORE Project Manager.
Person(s) who will take disciplinary action: Employer of the perpetrator.
GBV Grievance Committee will be formed on an ad hoc basis where verification and action isrequired. This will be made up of the following:••

Mr. Trevor Delandro, PRIME/SCORE Project Manager
Senior officials (Assistant Secretary level or above) or designee from: Department of Finance & Administration (DoFA) with support from CIU Safeguard Team; Department or Office managing the project at which the complaint is aimed (DoTC&I);
 Department of Justice FSM national Government and/or State department of Justice.

••

Representative of the employer of the alleged perpetrator;
GBV service provider / trainer specialist.

7.8

Disclosure of Grievance Mechanism

It is important to ensure that all stakeholders including local authorities and community
members in the vicinity of the identified works are informed of the Project ’s GM process
throughout the full duration of the PRIME Project including construction and non-construction
components such as during preparation of any works specific management/land access plans,
and prior commencement of any civil works.
This information should include their rights regarding potential land/asset impacts andenvironmental degradation, the grievance process, and guidance on relevant steps to lodge acomplaint.
The Grievance Process is to be introduced during all stakeholder engagement activities andon websites including stakeholder consultation meetings to ensure that all relevant
stakeholders are aware of this procedure and the specific steps to be taken for lodging acomplaint.
The GM, along with key E&S documents (such as frameworks, land access plans,management plans, ESIAs) prepared for the Project will be publicly disclosed on relevant
websites (www.worldbank.org and www.dofa.gov.fsm), in draft and final.
Prior to the start of construction activities, signs will be erected at the work sites (in theappropriate local language) providing the public with updated Project information andsummarizing the GM process including contact person details.

7.9

Record Keeping and Reporting of Grievances

All complaints or grievances submitted will require the completion of a Grievance Claim Form which will
include the following information:(i)Name of the complainant;(ii) Address (including village name);(iii) Name of the person filling in the Grievance Claim Form (if not the complainant);

December 2021

Final

67

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework(iv) Full description of complaint issue, including background, sketches and maps whereappropriate;(v) Description of the requested corrective action;(vi) Date of grievance submission; and(vii) Signature of complainant, the person filling in the form and the person who received the form.
If assistance is required, the claimant can request help with a verbal grievance to complete the form
from the Contractor or PIU State Focal Point (where appropriate). Grievances claim forms can also be
submitted electronically through the FSM DoFA website or email.
Personal details can remain anonymous.
Each grievance record is to be allocated a unique number, reflecting year and sequence of received
complaint (e.g. 2021-01, 2021-02 etc). Complaint records (letter, email, record of conversation) should
be stored together electronically or in hard copy. Each complaint/grievance is assigned a specificperson responsible for its management and close out.
All grievances (both construction and non-construction related, and those related to SEA/SH/GBV) areto be either directly received by the PIU State Focal Point or forwarded to the PIU State Focal Point(i.e., should grievances be received by the Contractor for construction related complaints).
Upon receipt of the grievance the PIU State Focal Point is to screen the grievance to assess whether itis related to the PRIME Project or environmental and social issues. Non-eligible grievances (i.e. those
not Project related) are then to be referred to the relevant agency to follow up, if appropriate. If thecomplaint is related to SEA/SH/GBV, the relevant GM (once developed) is to be followed including the
involvement of local GBV service providers.
Language barriers and insufficient literacy levels shall also not prevent any persons from lodging acomplaint. The Grievance Claim Form shall be written in English and the appropriate language for that
FSM State, and disclosed during consultation.
Complaints or grievances are to be recorded in a Complaints Register held locally by the PIU State
Focal Point with a copy also kept centrally by the CIU Safeguards Team. The register is to clearly
indicate whether an issue has been resolved or is still outstanding. The following records generated bythis procedure will be stored in hard copy at the PIU State Focal Point office and in electronic format:•

Grievance Claim Forms;•

Letters of request;•

Memorandums of field investigations, consultations and meetings; and•Photographs, maps, drawings.

If an issue has been resolved, the register will include the following information:•

Completed Grievance Resolution Form;•

Action taken (including evidence of action taken, i.e. photographs, receipts, etc.);

December 2021

Final

68

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

7.10

•

Date of resolution; and•Signature of complainant and person responsible for issue resolution.

Reporting and Evaluation

Complaints shall be reported in the regular project reporting to the World Bank. It should contain:•

Total number of complaints/grievances received.

•

Total number resolved.

•

Total number under investigation/not yet resolved.

•

Total number not yet resolved and also exceeds the recommended close out time of 1 month or
3 months.

•

Short paragraph on any significant grievances currently not yet resolved and any risks to project
implementation.

In the case of GBV/SEA/SH, reporting to the World Bank is required only after it has been determined
if the allegation is related to the project.
If an allegation is determined to be likely to be linked to a project, DoTC&I must notify the World Bank
Task Team of the anonymized incident as soon as it becomes known to DoTC&I. Only the following
key pieces of data should be shared with the World Bank Task Team:•The nature of the allegation;•

If the alleged perpetrator is, to the survivor’s best knowledge, associated with the project(yes/no);•The survivor’s age and/or sex (if available);•

If the survivor was referred to services.

If there are more than 30 complaints/grievances recorded, the PRIME/SCORE Project Manager may
decide to investigate any patterns or repetition of issues that need addressing. The PRIME/SCORE
Project Manager may decide to get an independent consultant to review and provide advice.
In the case of third-party complaints of GBV, if there is a substantial number of consistent third-party
complaints registered in relation to a specific incident or an alleged perpetrator or survivor the PRIME
Project Manager may decide to investigate but this must be done in a way that ensure the safety andconfidentiality of the survivor, ideally through a GBV service provider who will be able to safely andsensitively contact the survivor involved.

December 2021

Final

69

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

8.

Institutional Arrangements,
Implementation

Responsibilities

andThe management, coordination and implementation of the ESMF and other instruments and its
integral tasks will be the responsibility of the PRIME and SCORE PIU with support from the CIU
Safeguards Team.
It will be important for the PIU and other implementing agencies to ensure that the institutional
capacity is in place before commencement of design of activities under Component 2. This includes
ensuring relevant positions in the CIU, PIU as well as State focal persons are in place and that initial
E&S management training has been provided. Some of the main shortcomings of E&S frameworks
include:(i) Lack of funds for planning, development and follow-up monitoring; and(ii) Lack of experience in framework implementation due to the absence of qualified andexperienced staff.
The organizational structure and management functions for implementing all project safeguard
instruments are described below. .

8.1.1

JOINT PIU Project Manager and Project Officer

The joint PIU will be initially staffed with a PIU PRIME and SCORE Project Manager, and a PRIME
and SCORE Project Officer, based in Pohnpei (National Government DoTC&I) with additional PIU
support to be recruited (such as State level or administrative support) as required.
The joint PIU Project Manager will be responsible for working collaboratively with all national level
stakeholders and overseeing all State level stakeholder consultation activities with support from PIU
State Focal Points.
The joint PIU Project Manager will also be responsible for the following with support from the CIU
Safeguards Team as required:•

Approve the content of any future revisions to the RF, and other instruments based ontechnical review and recommendations by CIU Safeguards Team before sharing with
the WB for review and clearance;•

Initiate the commencement of, and review the content of, the E&S screening forms andreport to be undertaken by the CIU Safeguards Team;•

Implement and monitor all stakeholder engagement strategies/plans for both Projects;•

Coordinate, facilitate, and where appropriate participate, in face-to-face stakeholder
meetings with on-the-ground support from the PIU Focal Points, and CIU Safeguards
Team;

•

Oversee implementation of any recommended mitigation measures, compensation andassistance set out in the ARAPs for the specific works; andDecember 2021

Final

70

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework•

Prepare monthly and quarterly monitoring report/s as detailed in the individual projects
ESCP.

The Project Officer is to provide assistance and support to the joint Project Manager on theabove.

8.1.2

PIU State Focal Points
A focal point in each State has been appointed by the PIU to work on and manage day-to-day
activities for the PRIME and SCORE Projects such as coordinating and monitoring theimplementation of specific Component 2 works. The PIU State Focal Points have been
appointed from within the State Departments that manage Transport and Infrastructure.
The PIU State Focal Point will report directly to the joint PIU Project Manager, and act as the
key contact person for stakeholder enquires in each State with oversight from the joint PIU
Project Manager and CIU Safeguards Team, as appropriate.
The PIU State Focal Point will also be responsible for the following tasks:

8.1.3

•

Oversee all State level stakeholder engagement related activities for both Projects;•

Manage the grievance mechanism (outlined in the RF and SEP) at the State level,
including receiving, screening, resolving for forwarding grievances (e.g. to joint PIU
Project Manager, CIU Safeguards Team or others), as appropriate;•

Interact with related and complementary support activities that require ad hoc or
intensive stakeholder engagement;•

Act as mediator between the Contractor and stakeholders;•

Support CIU Safeguards Team (or E& S consultant/s) to undertake E&S screening for
Component 2 works; and•Proactively identify stakeholders, Project risks and opportunities (with support from theCIU Safeguards Team) and inform the PIU Project Manager to ensure that thenecessary planning can be done to either mitigate risk or exploit opportunities.

PIU Project Assistant
The PIU has recruited a Project Assistant to provide support to both Projects by ensuring all
administrative requirements are managed effectively. Main responsibilities include:•

Document management, including capture and filing (physical and electronic) of
stakeholder and PAP documents and records.

•

Database management, including:

December 2021

oContinuously update stakeholder information (contact details, organizational
details, designation, engagement activities); andoContinuously update grievance information (grievance records, grievance
database, agreements, meeting registers).

Final

71

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

8.1.4

•

Logistics management;•

Support with arranging accommodation and traveling where required; and•Assist with printing of materials to be used during stakeholder meetings (posters,
pamphlets, Project Summary Documents, letters, attendance registers, maps,
newsletters etc).

CIU Safeguards TeamThe CIU Safeguards Team currently and will continue to undertake a range of stakeholder
engagement activities as part of its portfolio of WB funded Projects and has existing
relationships with a many of stakeholders in each State which will be important to utilize for
the PRIME and SCORE projects. The CIU safeguard team due to the extensive safeguard
requirements of both projects will be supported by additional national environmental and social
consultants throughout project implementation. These positions will be managed by the CIU
safeguard team and will be located within the individual states. Specialized internationalsafeguard support may be required and will be contracted as needed. Provision for these
consultant services has been budgeted within the project.
In relation to implementation of both projects safeguard instruments, the PIU will require
support from the CIU Safeguards Team in particular for capacity building and E&S technicalsupport throughout the Projects and to ensure the safeguard instruments are implemented
appropriately and is consistent with the requirements of ESS5.
In relation to implementation of the ESMF, the CIU Safeguards Team will be responsible for:•Ensuring the E&S risk screening is undertaken for each Component 2 works of bothprojects (with local support from PIU State Focal Points);•

Applying the RF and other instruments to all Components, including review of TechnicalAdvisory TOR and draft and final outputs;•

Prepare, or oversee the preparation of ARAPs, VLD and Land Access Due Diligence
Reports for the works (if required), for the works, including the preparation of TOR,
selection of consultants, and review of draft and final outputs;•

Support external consultants to prepare any works specific ARAPs and other land
access instruments required, and review and provide recommendation to PIU ProjectManager for approval prior to the completion of detailed designs;•

Ensure environmental and social clauses and relevant E&S instruments are included inContractor bid document, including requirements related to implementation of any partof the ARAPs (such as assisting moving and reinstating moveable assets) andtemporary use of land;•Manage the design and supervision consultants who will be engaged to manage bothprojects including the physical works, safeguard compliance, audits etc., to ensure
environmental and social protection and mitigation measures are implemented byContractors;

December 2021

Final

72

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework•

Oversee the implementation of specific mitigation measures outlined in ARAPs;•

Storing data (including grievance records), collating and interpreting stakeholder
feedback and providing details to the PIU, DoTC&I, design team and others asnecessary;•

Provide E&S reporting on a quarterly basis as part of WB reporting; and•Providing technical and capacity building support to the PIU and other project
implementing agencies on the implementation of instruments, as the PIU does notcontain E&S expertise

The CIU Safeguards Team may need additional social and environmental risk management support toimplement the growing WB portfolio in FSM including the PRIME and SCORE projects. Specialist
consultants may be required on an ad hoc basis by the CIU to prepare environmental and social
assessments, E&S instruments and/or to conduct specialist supervision or monitoring services.

8.1.5

Civil Works Contractors

The Contractor engaged to undertake road works construction will be responsible for supporting the
PIU in SEP activities, including undertaking stakeholder engagement related to construction of thespecific physical works outlined in the Contractor’s SIP, as well as preparing a CESMP and
implementing any environmental and social protection and mitigation measures as outlined in the bid
documents, ESMF and CESMP. Specifically, the Contractor is required to:8.2•

Support the PIU State Focal Points in engaging with stakeholders relating tocommunicating the scope and timing of works (either by attendance at meetings,
installation of notice boards, door knocks/letter drops, etc.);•

Negotiation with landowners/users in relation to temporary use of land required forconstruction relation activities (e.g., laydown and storage/stockpile areas, worker
camps, amenities, etc.) and assessment of temporarily used land after
reinstatement/restoration to a condition acceptable to the land owner;•

Arranging with landowners regarding reinstalling physical assets (such as fences, wallsetc) located directly within the Project footprint as set out in the ARAP for the specificworks;•

Receiving complaints and grievances by stakeholders and forwarding to the PIU State
Focal Point during works construction, and resolution of grievances if they are related
to the Contractor (in coordination with the Projects Manager and CIU); and•Respond to corrective action requests by the supervision consultant, PIU or CIU.

Implementation Process

All activities required to implement the RF, including the ARAPs or VLD agreements required will becompleted in line with the respective requirements for the specific activities and works of bothprojects. Preparation of ARAPs and VLD agreements is to be completed prior to award of works
contracts. Compensation and assistance is to be fully disbursed prior to commencement of civil works
December 2021

Final

73

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Frameworkin the project affected sites, except for any actions which are required of the Contractor such as
assistance in moving and reinstating moveable assets (when specified in the ARAP and works
contract) and mitigation requirements related to temporary land use.

December 2021

Final

74

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

9.

Budget and Financial Arrangements
Funding requirements for compensation and assistance to affected persons will be set out inthe respective Abbreviated Resettlement Action Plans (ARAPs) along with resource
requirements for implementation. Compensation rates will be based on replacement cost values(as outlined in Section 5.3.3). All compensation and assistance will be provided in full prior tocommencement of works in any affected areas.
The costs of implementing the RF requirements including payment of any financial entitlements
is the responsibility of the GoFSM as its counterpart contribution to the PRIME and SCORE
Projects to be provided by DoFA.
PIU and DoFA shall ensure that the total cost of RF implementation, including entitlements andcompensation (both time input, material and cash payments), are budgeted for and shall cover
the following:(i)Engagement of external E&S consultants to support the CIU with E&S Screening and/or
preparation of works specific ESIAs/ESMPs;(ii) Technical analysis or assessment required as part of works specific ESIA;(iii) Implementation of any environment or social mitigation measures recommended in the
ESMPs, including any environmental monitoring requirements;(iv) Supervising the Contractor’s CESMP implementation and follow up of incidents, noncompliances and other matters;(v) Consultation and stakeholder engagement; and(vi) Internal monitoring and implementation of the ESMF and other instruments (ESCP, LMPetc.).
In addition, the DoFA and DoTC&I will cover contingencies for the total entitlement,compensation and administrative cost and will ensure timely availability of adequate budget to
implement the respective ARAPs.
While the types of activities and investments to be carried out under the PRIME and SCORE
Projects are known (refer Section 2.3 and 2.4), the extent of the works that can be completed
will depend on the results of the VA and CRRS to be carried out under Component 1.
An indicative budget of US$790,000 for both projects (US$395,000 for each project) has been
estimated for the GoFSM to implement the E&S risk management requirements of the ESMF
over five years as outlined in Table 9-1.
Table 9-1: Indicative budget for implementing the RF. Responsibilities

Item

Description

Amount (US$)
PRIME

Land acquisition and asset
relocation costs.
December 2021

Indicative lump sum amount to cover
likely and acquisition and asset$100,000

Final

SCORE
$100,00075

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Item

Description

Amount (US$)
PRIME

SCORE

relocation costs. The exact amountrequired will be based on entitlements
as per the entitlement matrix andreplacement costs valid at time of
ARAP implementation, to be
determined once scope of works, areaof land required, and process forsecuring are known. 17
Development of standard
compensation rates for ProjectEngaging a local land valuation
consultant, to update or develop (where
they do not exist) standard
compensation rates in each State.

$10,000$10,000

Resolution of grievances throughGM

Indicative lump sum amount to cover
the resolution of any grievances raised
during the Project.

$20,000$20,000$13,000$13,000$143,000$143,000

Contingency (10%)
PROVISIONAL SUM PER PROJECTTOTAL PROVISONAL SUM$440,000

Any environmental and social mitigation measures required for works construction (such as sedimentcontrols measures, replanting of riparian vegetation, costs for disposal of waste material) is to be
included in the Contractors budget.

17 Assumed surveying of land required for IOL included under design and supervision consultant budget.

December 2021

Final

76

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

10. Monitoring and Evaluation
Monitoring is essential to ensure successful implementation of all instruments associated with
the PRIME and SCORE projects. The CIU Safeguards Team, will be responsible for establishinga monitoring program that will monitor, measure and assess the implementation and overall
success of both projects safeguard instruments and mitigation measures recommended as partof either the Generic ESMP or works specific ESMP (if required), including identifying issues
and facilitate timely responses.
Monitoring is essential to ensure successful implementation of the livelihood restoration andcompensation program as outlined in this RF. The success of the RF will be measured by how
well it can achieve the overall objective of restored livelihoods at or above pre-Project levels.
The RF monitoring and evaluation program seeks to:1) Provide information in a robust and clear analytical format which enables ongoing
optimization of core livelihood interventions.
2) Document the progression of the program to successfully reach livelihood restoration result
indicators.

10.1.1 Construction Monitoring and Reporting
10.1.1.1 Monthly Reporting
During the active phase of livelihood restoration and compensation for each Projects
Component 2 works, the following key progress indicators are to be measured internally by the
PIU on a monthly basis:(i)

Percentage of the Project Footprint secured and entitlements issued (if appropriate);(ii) Numbers of households and individuals affected by works activities;(iii) Numbers of households and individuals likely to experience livelihood impacts (either byland and/or asset loss, or business income disruption) as a result of works activities; and(iv) Grievances (open, closed).
A brief monthly internal monitoring report will be prepared on this basis. The monitoring
requirements set out in the RF should also be detailed in this monitoring report.
The results and findings from the monthly reports should be consolidated and summarizedannually until the assistance and compensation process is deemed complete.
10.1.1.2 Works Completion Report
At the completion of works activities a completion audit is to be undertaken to establish whether
the commitments set out in the RF and subsequent procedure plans have been fully compliedwith during implementation, and whether livelihood restoration and compensation activities forthat specific Component 2 works can be deemed complete.

December 2021

Final

77

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

This report should detail any issues and resolution encountered during Component 2 works
implementation and any residual issues or management measures required. The report should
also include photographs of site reinstatement.
The completion report will be carried out by the PIU, with support from the CIU Safeguards
Team, and summarize whether the objectives set forth in the RF been achieved including:•Identification of all affected people and identification of impacts;•

Fair and adequate entitlements to PAPs in order to works impacts;•

Timely delivery of entitlements, and in compliance with FSM legislation and WB safeguards;•

Have livelihoods been restored/improved; and•Resolution of all identified grievances.

The monitoring requirements set out in the ESMF and CESMP should also be detailed in thisWorks Completion Report.

10.1.2 Half Yearly PRIME and SCORE Projects Monitoring and Reporting
Six monthly monitoring reports are to be prepared for the PRIME and SCORE Projects by the
PIU including the following information:(i)

Status of each activity and the related environmental and social risks, including a summaryof the findings from monthly reports on physical works;(ii) Achievement of targeted indicators, including objectives attained and not attained during
the period;(iii) Issues or problems encountered, complaints/grievances received and progress withresolving the grievances;(iv) EHS incidents, and progress with resolution and close out; and(v) Schedule for the next period.

December 2021

Final

78

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Appendix A State Land Registration Procedures
A.1

Land Registration Procedure - Kosrae

The procedure for land registration in Kosrae includes the following:a) Designation of Registration Areas: The Land Commission designates all registration areas fortreatment within one year. All of the private land parcels on Kosrae are within designated areas.
b) Survey Exterior Boundaries of Individual Parcels in the Designated Areas: The Division ofSurvey and Mapping surveys and maps all parcels within a designation area. Existingboundaries (monuments) are cleared and identified. New boundary markers are set if none exist.
c) Preliminary Hearing: The Land Registration Team institutes a preliminary inquiry on theownership and boundaries of the parcels. All immediate, local claims to the property are heard
and recorded. Where common consensus can be reached, the parcel is recorded:(i) by name of parcel and its description;(ii) by name of person found to have lawful interest therein; and(iii) the nature of the interest.
d) Adjudication of Claims by the Registration Teams: If dispute over ownership or boundaries
occurs, the registration team will adjudicate the problem. If the conflict in claim is difficult, thecase if referred to the Commission and may be referred or appealed to the State Court for final
settlement. Upon receipt of a registration team adjudication and the accompanying record theCommission may:(i) affirm the adjudication making a determination of ownership;(ii) return the records to the Registration Team with instructions for further hearings orother action;(iii) may hold hearings itself and make a determination of ownership based on the records
and the evidence received during its hearings.
e) Notice of Determination and Period of Appeal: After a determination of ownership is given public
notice is made, as prescribed in KSC Section 11.609(1), and an appeal period of 120 days isobserved. The appeal for the Commission’s determination of ownership is to the State Court.
f)Issuance of Title: After the appeal period has elapsed without the filing of an appeal, or after theappeal(s) have been concluded, the Commission issues a certificate of title setting forth thenames of each person holding an interest in the parcel pursuant to the determination, either as
originally made or modified by judicial action. A certificate of title is conclusive upon a person
who had notice of the proceedings and a person claiming under him and is prima facie evidenceof ownership—except that a determined interest is subject to a public right-of-way over theproperty, and a lease or use interest not exceeding one year 2 KSC § 11.616.

g) Registry of Titles: The Commission retains the original certificate of title in a permanent register.
A duplicate certificate of title is issued to the landholder.

December 2021

Final

79

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

December 2021

Final

80

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

A.2

Land Registration Procedure - Pohnpei

The procedure for the registration of land in Pohnpei are as outlined below:a) Designation of Registration Area: The Court of Land Tenure first designates a land registration
area or areas within which it believes it will be desirable and practicable to register lands.
Because of the multiple requests for land registration from all municipalities of Pohnpei, all thelands of Pohnpei have been designated as Registration Areas. The process of claim
determination, survey and mapping of parcels is ongoing throughout the municipalities ofPohnpei Proper.
b) Delineation of Land Registration Areas and Surveys of Plots and Boundaries: Once the Courtof Land Tenure has designated an area for registration the Chief of the Division of Land(previously the Department of Land) will cause delineation of the exterior bounds of the area tobe registered, and will survey and map the plots (parcels) claimed within the area. During thisprocess minor land and boundary disputes may be resolved by the field teamsc) Venue Hearings: Initial or preliminary hearings are then held on all land claims within theregistration area. Notice of such hearings must be posted in the respective municipality, as wellas broadcasted on the radio, at least 30 days in advance of the Venue Hearing and in English
and Pohnpeian (or the principal language of that municipality). Notice must also be served on
the Soumas en Kousapw (a traditional authority within the Kousapw) and all adjacentlandowners. Upon reaching a decision on a claim, the judge shall place on record the placename and the parcel number of the land with the Clerk of the Court of Land Tenure, along withall actions taken and decisions made with reference to settlement of the claim.
d) Disputed Claims Procedure: If disputes arise during the course of settlement of the land claims
with the judge assigned to the registration area, the disputed land claim may be assigned to adifferent judge in the Court of Land Tenure, or appealed to the Pohnpei Supreme Court.
e) Notice of Determination of Ownership: Upon finalization of a decision of a land claim by the
Court of Land Tenure, a ruling is issued in writing and notice of this ruling is given the same
distribution as required for the preliminary venue hearing. The final decision on a land claim
made by the Court of Land Tenure can be appealed to the Appellate Division of the Pohnpei
Supreme Court by any aggrieved party within 90 days from the date of notice of determination.
f)Issuance of Certificate of Title: After the time for appeal from a determination of ownership by
the Court of Land Tenure has expired without notice of appeal, or after an appeal duly taken
has been determined, the final survey and mapping of the parcel can be completed. Following
final survey and mapping that reflects the boundary settlement, the Court of Land Tenure issues
a Certificate of Title. The Certificate of title may be Fee Simple assigned as “Individual” or as“Tenants in Common.”December 2021

Final

81

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

A.3

Land Registration Procedure - Chuuk

The procedure for land registration in Chuuk are as follows:a) Designation of Registration Areas: Each year areas of the Chuuk municipalities are designatedRegistration Areas.
b) Dispatch of Registration Team: The team speaks with all landholders in the registration areaand encourages them to register their lands; notices are posted that publicize registration efforts
and encourage property claimants to file claims or discuss claims with the registration team.
c) Preliminary Inquiry: After notice of a claim to land is issued, a preliminary inquiry is held in theregistration area. Land claims are then classified as either:(i) disputed or(ii) undisputed or uncontested claim.
d) Formal Hearing: Following a preliminary inquiry, a formal hearing is held in the registration area
to review and adjudicate claims. Evidence of ownership must be presented by claimantlandholders. Disputes on ownership or boundaries are recorded with evidence and supporting
testimony. After reviewing the claim, the Land Registration team makes a written
recommendation to the Land Commissioners. If approval is not recommended the reasons fordisapproval must also be in writing.
e) Determination of Ownership: The Land Commissioners make a determination of ownershipbased on the evidence and testimony presented by the Registration Teams. There is a required
waiting period of 120 days following ownership determinations to allow any appeals of thedetermination to be filed in the Trial Division of the State Supreme Court.
f)Survey and Mapping of Boundaries: When the 120 days has expired, if there are no remaining
disputes or claims to the land, the land is then surveyed and mapped. A certified map of theparcel is sent to the Senior Commissioner for approval and attached to the title documentation.

g) Registration and Issuance of Title: After completion of the survey, marking of the boundaries
and mapping the land, the parcel is registered or titled Fee Simple to the certified land holder.
The title can be issued to an individual, an extended family, lineage group, a partnership, or toa joint tenancy.

December 2021

Final

82

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

A.4

Land Registration Procedure - Yap

The procedure for land registration in Yap is as follows:a) An application for registration of land is filed with the Division of Land Resources.
b) Members of the Cadastral Survey Program visit the land in question. This team is responsible
for clarifying the ownership of the property, informing the various traditional authorities of theproperty, and speaking with all adjacent property owners about boundary identification. The
team is charged with ensuring community, municipal and traditional consensus with respect tothe registration of property.
c) When a consensus or agreement is reached concerning the rightful landowner and theboundaries, a survey and official mapping of the lot and/or registration area is completed.
d) The determination and registration package is then sent to the governor for approval.
e) Following the approval by the Governor, the documents are returned to the Division of Land
Resources, Registration Section, for final document preparation, registration and issuance of
title.

December 2021

Final

83

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Appendix B Project Voluntary Land Donation (VLD)
ProtocolVoluntary Land Donation (VLD) Protocol
1. Background
This Voluntary Land Donation (VLD) Protocol has been prepared by the World Bank for the purpose ofdue diligence. For cases where communities and/or individual landholders have offered to donate theirland for the project because it is of benefit to the broader community, the VLD Protocol should be
followed. The project team is to exercise their best judgment where voluntary land is offered and conduct
due diligence to avoid adverse impacts and reputational risks. Donations are based on the premise thatthe project benefit will offset or outweigh the loss of the land donated.
VLD is only suitable for projects where the landowner and/or community wish to ‘gift’ land parcels or
small areas for small-scale community infrastructure that will be of direct benefit to the donor’scommunity.
2. When VLD is Applicable
Voluntary donation of land by beneficiary households is acceptable where:•

It has been verified the donation did not result from any form of coercion or manipulation and isoffered in good faith;•

The donation does not severely affect the living standards of the community and/or individual
landholder responsible for the donation (i.e. impacts are marginal based on percentage of loss
and minimum size of remaining assets);•

Alternatives and the viability of other locations or sites have been considered;•

The donation does not result in the displacement of households or cause loss of income or
livelihood;•

The landholder/s making the donation will directly benefit from the project;•

Consultation has been conducted in an open and transparent manner and to a degree that thelandholder/s can make an informed choice;•

The land is free from disputes regarding ownership or tenure;•Land transactions are supported through the transfer of titles;•

Full and proper documentation of all consultations, meetings, grievances and actions taken toaddress grievances has been reviewed and made available;•

Where impacts are minor and other alternative sites are not viable.

3. When VLD is NOT Applicable
VLD is not applicable under the following scenarios:
December 2021

Final

84

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework•

Medium/large-scale infrastructure particularly in cases where a government agency or entitythat has a statutory obligation to provide the infrastructure and/or services for which the land isrequired•

Where inadequate consultation with donors results in lack of understanding about the terms andconditions of the donation;•

In lieu of formal procedures for land acquisition where these do not exist;•

Where donor property owners, landowners or customary rights holders do not support, or will
not directly benefit from, the Project;•

Where conflicts over land exist, including customary collective ownership;•

Conflicting land titling that make it difficult to establish with certainty who has a right to own,
donate and use a specific parcel of land;•

Where donors did not provide their informed consent and were subject to political or socialpressure and coerced into making the donation.

4. Process for Voluntary Land Donation
This section provides guidance on the process for VLD, namely on how to:•

Determine and document the appropriateness of VLD in the project context;•

Verify the requirements of the donation and the formalization of the donation;•

Carry out due diligence on the owners and users of land donated;•

Ensure appropriate consultation and disclosure;•

Establish informed consent of the person donating the land; and•Establish grievance redress mechanism.

This section outlines the process that should be followed once the threshold considerations set out in
Section 1 have been considered, and it has been determined that it is appropriate for the land to beprovided to the project by voluntary donation.
It is necessary to follow a clear process for the donation, and to prepare and maintain documents that
demonstrate such process. Each step set out below should be addressed in the context of the specificproject, and fully documented.
(i) Determine and document that VLD is appropriate in the circumstances of the project.
The team should record the reasons why it thinks that the donation of land is appropriate for the project.
In certain cases, only some of the land the project requires will be donated or alternatives to land
donation exist. The project team should identify (in as much detail as possible):•

What the land will be used for;•How much land the project will require on both a permanent and temporary basis;•

How much of the land will be donated;

December 2021

Final

85

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework•

What alternatives to donation exist (e.g., right of use, right of way);•

The terms of the donation;•

The identities of the parties who intend to donate;•

The beneficiary of the donation; and•Any details that are relevant to why donation may be appropriate.

(ii) Verify the requirements to transfer, and formalize the transfer of, the land
It is important to understand the process that should be followed to transfer the land, and appropriate
ways to formalize the transfer so as to achieve certainty for both the transferee of the land and the
project. In many countries this will require consideration of the legal and administrative requirements
but also, particularly in the case of customary land, local and community processes. In some cases
these will constitute two different but parallel (and overlapping) systems and a process will have to beestablished to ensure that the requirements of each system are satisfied. An important consideration
will be how transparent the process and the decision making process actually is, and what can be done
to enhance the process.
(iii) Conduct due diligence on who owns and uses the land
Given the specific issues surrounding land ownership and use in the PICs, it is important that the project
team carries out careful due diligence to understand the type of land rights that exist in the project area,
and to identify any particular issues relating to land ownership and use. Thereafter, a more specific due
diligence must be conducted on each parcel of land proposed for donation to identify:•

The owner or owners of the land;•

The users of the land, or any parties that occupy the land (either physically or through ownershipof an asset or conduct of livelihood or business activities on the land);•Any competing claims of ownership or use;•

Structures and assets on the land;•

Any encumbrances on the land.

It is important to: (a) identify the right that is being transferred (an ownership right, a use right, a right ofway, etc.); and (ii) check whether the transferee actually has the right s/he claims to have. In many
circumstances where careful due diligence has not been carried out, significant conflict has arisen at alater stage when another party claims that they have the same or a competing right. In somecircumstances – but not all – the transferee will have documentary evidence of such right. Where nosuch evidence exists, the due diligence can establish rights by speaking with local community officials
and neighbours.
(iv) Disclosure and Consultation
The decision to donate must be taken on the basis of a full understanding of the project and theconsequences of agreeing to donate the land. Accordingly, the parties that will be affected by the
donation (the owners and users of the land) must be provided with accurate and accessible information
regarding what the land will be used for, for how long, and the impact the donation will have on them
December 2021

Final

86

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Frameworkand their families. It is important that prior written notification indicating the location and amount of landthat is sought be provided and that its intended use for the project is disclosed.
Where the intention is to deprive the parties affected by the donation of the land permanently, or for asignificant length of time, this must be made clear. It should be noted that in many communities theconcept of alienation of land is uncommon and difficult to understand, and care needs to be taken to
ensure that the implications of this are fully understood. It is also important to decide who else should
be consulted about the proposed donation; for example, spouses and older children.
There should be a clear agreement as to which party will pay the costs associated with the donatedland. This could include measurement costs, documentation and notarial fees, transfer taxes,
registration fees. It should also include the costs of re-measuring/re-titling the transferee’s remaining
land and any new documentation relating to it.
(v) Establishing Informed Consent
It is crucial that the project team is confident that the decision to donate was taken in circumstances of
informed consent or power of choice. As discussed earlier, this means being confident that the owner(s)or user(s) of the land understand:•

What the land is going to be used for, by whom and for how long;•That they will be deprived of the ownership or right to use the land, and what this really means;•That they have a right to refuse to donate the land;•

Whether there are alternatives to using this land;•

What they will need to do to donate the land (e.g., execute documents, get spousal consents,
pay taxes);•

The effect of the donation on their family, and what they can do if they (or their family or heirs)
want the land back.

•The exact demarcation of land boundary for the project’s use;•

Whether there are proposals which would allow other land to be used;•

What they will need to do to donate the land;•

The intergenerational effect of the donation on their family, what they can do if they (or theirfamily or heirs) want the land back.

The terms and conditions of the land donation must be mutually agreed upon and detailing in a writtenagreement.
(vi) Documentation
It is necessary to distinguish between: (a) the agreement to donate the land; and (b) the document thatcarries out and evidences the legal transfer of the land. While it is important to have evidence of an
intention and agreement to donate the land, it is equally important to ensure, where required andappropriate, that the land is legally transferred. While the process relating to the legal transfer of theland is frequently complicated and time consuming, it must be addressed. [In specific circumstances,
December 2021

Final

87

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

for example where the land is being transferred to the community, it may not be necessary to legallytransfer the land. However, experience indicates that lack of formal transfer can create significant
uncertainty in the future, which impacts on the sustainability of the infrastructure and services, and canhave a negative effect on community relations.]
To ensure that any land provided for the siting of subprojects is contributed voluntarily, in accordancewith the requirements of the ESMF, two representatives of the landowners (family or clan) are asked tosign a Land Commitment Letter (see below). This certifies that the land is voluntarily donated for the
purposes of the subproject and for the benefit of the community. The signature of the Letter is witnessed(as attested by their signature) by a suitable project representative.
The project team should:•

Identify the appropriate documentation, including the agreement to make the transfer and any
legal documentation that may be required;•

Ensure that the agreement:oRefers to the consultation has taken place;o

Sets out the terms of the transfer;oConfirms that the decision to transfer was freely made, and was not subject to coercion,manipulation, or any form of pressure;o

Attaches an accurate map of the land being transferred (boundaries, coordinates);oSets out who will bear the costs of the transfer (e.g., notarial fees, taxes, title issues)and documenting the residual land rights.

•

Ensure that all necessary parties sign the documents, including obtaining consent from spouses
and children over a certain age;•

Ensure that the transfer and title is registered or recorded; and•Ensure that the land remaining after the donated land is excised is properly titled, registered orrecorded.

It is also important to maintain a record of the process that has been followed. Such documents could
include the following:•

The notification indicating the location and amount of land that is sought and its intended use
for the project, with a record of when and where this was made public;•

Records of the consultations that were held and what was discussed;•

A copy of the due diligence that was conducted;•

Copies of each of the formal statements of donation, establishing informed consent as describedabove, and signed by each owner or user involved;•

Copies of all documents, registrations or records evidencing the legal transfer of the land; and•A map, showing each parcel of land.

December 2021

Final

88

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

The Project implementing agency should maintain a record with documentation for each parcel of land
donated. Such documentation must be available for World Bank review, and for review in relation to any
grievances that may arise.
(vii) Grievance Arrangements
Grievances may be referred to customary conflict mediation arrangements where they are not directly
affiliated with traditional leaders who are a party to the donation process.

December 2021

Final

89

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Appendix C Environmental and Social Screening
Forms
FORM 1 – Initial E&S Risk Screening
Timing: To be completed after Component 1 Assessments (e.g. VA/CRRS), and prior to preliminary design
Purpose:1) To identify high risk environmental and social aspects of the proposed works;
2) Inform multi-criteria assessment for prioritization of works .

Name of Works:
Location of Works:
Description of Works:

Date of Completion:
Name of Person Completing Form:
Date of Site Visit:
People consulted to date (toinform completion of form):
Attached concept(circle one)description

Yes / No

1.0

Environmental

1.1

Any vegetation clearance (incl. riparianvegetation) or works within a stream
upstream of or within areas of biologicalsignificance).

Potentially
Significant Impact

NO Impact

Activity

Minor Impact (canbe managed)

Impact Screening(without
mitigation) 18(Put only 1  ineach row)

Justification(Nature, scale,duration of impacts– See ESMP)Recommended
Action18 See Risk Rating tables in ESMF to determine level of potential impact.

December 2021

Final

90

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

1.2

Any disturbance of (either works locatedwithin, or potential impact upon) protected
coastal marine areas (CMAs).

1.3

Is the site in an area identified as aprotected or conservation area.

1.4

Works within an identified hazard zone
(e.g. erosion, flooding, coastal inundation).

2.0

Socio-cultural

2.1

Any likely physical displacement /relocation of people.

2.2

Any likely economic displacement (e.g.
temporary or permanent land acquisition,
disturbance of physical assets, crops/fruit
trees etc).

2.3

Any identified cultural sites (e.g. graves,historic buildings etc) directly adjacent toroad easement in vicinity of the works (i.e.
within 50m of site).

2.4

Any potential access restriction tosensitive receptors / essential services(e.g. hospital, school, church etc).

2.5

Risk to community health & safety from the
proposed works (i.e. communities in close
proximity to work site) or construction
workforce (e.g. imported/migrant labour
related risks)?

2.6

Is there a risk of UXOs being present in
the works footprint?

December 2021

Potentially
Significant Impact

NO Impact

Activity

Minor Impact (canbe managed)

Impact Screening(without
mitigation) 18(Put only 1  ineach row)

Justification(Nature, scale,duration of impacts– See ESMP)

Final

Recommended
Action91

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

FORM 2 – Environmental and Social Assessment (ESA)
Timing: To be completed after concept or preliminary design)
Purpose:1) To scope potential environmental risks from proposed works that could be minimized throughparticipatory design;
2) Inform E&S Screening (Form 3);3) To inform scope of Terms of Reference for and E&S Consultants to be engaged.
Name of Works:
Location of Works:
Date of Completion:
Name of Person Completing Form:
Date of Site Visit:
People consulted to date (toinform completion of form):
Attached concept(circle one)description

Yes / No

Form 2a – Environmental Assessment

1.0

Physical

1.1

Dust / noise / vibration impacts
on sensitive receptors (e.g.
residential communities,businesses, essential services
etc).

1.2

Generation and discharge ofsolid and liquid waste (e.g.
spoil, roading material, refuse,domestic waste/ wastewater,
hazardous substances etc).

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential Impact(without
mitigation) 19 ()Describe

19 See Risk Rating tables in ESMF to determine level of potential impact.

December 2021

Final

92

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

1.3

Erosion and sedimentation risk
as a result of works (e.g.
stream bank, slope, coastal
margin, channel modificationand hydrology etc).

1.4

Works within an identified
hazard zone (e.g. erosion,flooding, coastal inundation
zones).

1.5

Is construction material
required for the design (e.g.
rock/ aggregate/ asphalt/
cement) able to be sourced
locally from a licensed facility(e.g. quarry) 20.

1.6

Could an alternative design be
explored to decrease / avoid
physical environmental
impacts3.

2.0

Ecological

2.1

Removal of terrestrial
vegetation and/or habitat (incl.
riparian vegetation).

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential Impact(without
mitigation) 19 ()Describe

Yes
No
Describe:

Yes
No
Describe:(a) Native / naturalvegetation.
(b) Invasive / exotic
vegetation (e.g. weeds).
20 Discuss with design engineer, if required

December 2021

Final

93

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential Impact(without
mitigation) 19 ()Describe(c) Privately owned trees /crops / gardens (refer
Form 2b).
2.2

Potential impacts on
freshwater ecosystem,
including:(a) Direct disturbance offreshwater habitat (e.g.
works footprint withinwatercourse).
(b) Indirect disturbance offreshwater habitat (e.g.
from sedimentation,water quality pollution).
(c) Risk of barriers to fishpassage.

2.3

Works within or potential
disturbance of coastal marine
area (CMA)

2.4

Could an alternative design be
explored to decrease / avoid
ecological impacts or improve
ecological outcomes3.

December 2021

Yes
No
Describe:

Final

94

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Form 2b – Social & Resettlement Assessment

1.0
1.1

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential
Impact (without
mitigation) 21()Describe

Land

Impacts on land outside of
the road easement?

No
Yes (Temporary Use)
Yes (Permanent Loss)

1.2

Estimated extent of land loss
outside of road easement.

Estimated area:

1.3

Estimated number of private
landowners are affected?

Estimated No. of landowners:

1.4

Is the ownership status andcurrent usage of land to beacquired known?

Yes
No
Describe:

1.5

Easement paperwork
available and obtained?

Yes
Available, not yet obtained
No easement paperwork available
Not yet sure if easement paperwork
available (to be confirmed)

1.6

How is this land to beprovided:

Voluntary Land Donation (VLD)
Lease / Rental
Willing-seller-willing-buyer
Available Government land
Involuntary acquisition

21 See Risk Rating tables in ESMF to determine level of potential impact.

December 2021

Final

95

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential
Impact (without
mitigation) 21()Describe

To be confirmed
Describe:

1.7

Could an alternative design
be explored to decrease /avoid land loss 22?

Yes
No
Describe:

2.0

Assets2.1

Are there likely to be loss ofphysical assets and/or
crops/productive trees due
to works footprint or
associated facilities?

2.2

Estimated number of asset
owners affected?

2.3

What type of assets areaffected:

Yes
No

Estimated No. of landowners:

Residential house
Business/commercial structure
Secondary structure (e.g. fence, wall,
driveway, pavement, shed or similar)
Crops (including type)
Productive Trees
Perennial Trees
Cultural sites (e.g. grave sites, historicbuildings etc)

22 Discuss with design engineer, if required

December 2021

Final

96

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential
Impact (without
mitigation) 21()Describe

Describe:

2.4

Could the assets berelocated or repaired?

Yes
No
Describe:

2.5

Could an alternative design
be explored todecrease/avoid asset loss?

Yes
No
Describe:

3.0

Livelihoods

3.1

Will the works have any
impact on people’s livelihood(e.g. economic
displacement)?

3.2

Estimated number ofpeople/households withlivelihoods affected?

3.3

What kind of livelihoods arelikely to be impacted?

Yes
No
Describe:

Estimated No. of people/households:

Business/commercial – Owner
Business/commercial – Employee
Agricultural / Farming

December 2021

Final

97

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential
Impact (without
mitigation) 21()Describe

Fishing
Other: ___________________________
Describe:

3.4

Could an alternative design
be explored todecrease/avoid livelihood
impacts?5

4.0

Access Restrictions

4.1

Are there likely to be access
restrictions?

Yes
No
Describe:

Yes
No
Describe:

4.2

What kind of access
restriction are expected?

Pedestrians (including closure of roadverges)Driveways – Residential Agricultural /Farming
Driveways – Business/commercial
Transport Network
Access to essential services
Coastal margin

December 2021

Final

98

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential
Impact (without
mitigation) 21()Describe

Other (e.g. natural resources, communal
land/facilities, services etc)
4.3

4.4

Is an alternative means ofaccess required (e.g.
temporary diversion or watercrossing etc)?

Could an alternative design
be explored todecrease/avoid access
restriction impacts?

5.0

Other Social Impacts

5.1

Impacts on Sensitive
receptors in close proximity
to the works (e.g. residential
communities, businesses,
essential services etc).

5.2

Disproportionate Impacts onvulnerable groups or road
users

5.3

Risk to community health &safety from the proposed
works (i.e. communities inclose proximity to work site).

5.4

Risk posed to the communityfrom the construction
workforce (e.g.
imported/migrant labour
related risks).

December 2021

Yes
No
Describe:

Yes
No
Describe:

Final

99

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

5.5

Moderate to
Substantial Impact

Minor Impact

Potential Impact

NO Impact

Potential
Impact (without
mitigation) 21()Describe

Risk of UXOs in works
footprint, and resultant risk
to worker health and safety.

December 2021

Final

100

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

FORM 3 – E&S Screening and Management Plan Requirements
Timing: To be completed after concept or preliminary design together with Form 2 and 4
Purpose:1) To confirm which whether work specific ESIA/ESMPs are required;
2) To determine which Land Access Procedure Plans are required

Name of Works:
Location of Works:
Date of Completion:
Name of Person Completing Form:

Potential Impact

Assessment
()
Yes

1.1

1.2

Does the Generic ESMP adequately address thepotential environmental and social risks identified inForm 1 and 2?

Documents RequiredNo(Note: If ‘No’, then works specific ESIA
& ESMP required)Is the site in an area, or could potentially impact an
area, identified as a protected or conservation area.
(Note: If ‘Yes’, then works specific
ESIA & ESMP required)

1.3

1.4

Do the works involve land loss outside of the roadeasement, asset loss, or loss of income sources or
impacts livelihoods?

(Note: If ‘No’, then Land Access Due
Diligence Report required).

Will the land and/or assets be acquired via Voluntary
Land Donation (VLD)?
(Note: If ‘Yes’, then Voluntary Land
Donation Report (VLDR) required)

1.5

Will the land and/or asset loss, or livelihood impacts
require financial compensation, as per entitlement
matrix in RF?

December 2021

(Note: If ‘Yes’, then Resettlement Plan
(RP) required)

Final

101

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

FORM 4 – Agreed Environmental and Social Documents Required
Timing: To be completed after concept or preliminary design together with Form 2 and 3
Purpose:works;

1) To confirm which ESMPs or land access plans are to be prepared and/or implemented for the2) To confirm which additional management plans are to be prepared by the Contractor (as informed by theESMF).
Name of Works:
Location of Works:
Date of Completion:
NameofCompleting Form:

PersonName of Person Approving:
As per the PRIME E&S Management Framework (ESMF) the following safeguard documents areto be prepared/implemented for the above works:
Generic ESMPWorks specific ESMPWorks specific ESIAAs per the PRIME Resettlement Framework (RF) the following safeguard documents will be
prepared for the above works:
Land Access Due Diligence Report
Voluntary Land Donation Report
Resettlement Plan

Signature:

Signature:

Signed by:(Completed Form)

Signed by:(Approver)

Date:

Date:

December 2021

Final

102

Federated States of Micronesia PRIME & SCORE Projects
Resettlement Framework

December 2021

Final103