HOUSE °F REPRESENTATIVES:

RECEIVED
ME 08 AUG 2016

SEVENTEENTH CONGRESS __)
REPUBLIC OF THE PHILIPPINES ) " ”
First Regular Session ) Tive:_FlO MN
BY:
HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodti

House Bill No. 258 '7
EXPLANATORY NOTE

Successful agriculture depends on healthy soll and water. Fertile soil and clean water are
both non-renewable resources in natural systems and, when managed properly, can also be
renewable resources in the context of agricultural production. Soil and water are required
resources for life on Earth. Most terrestrial life needs a continual source of water for
sustenance and soil is an essential medium for plant growth in most terrestrial ecosystems,
providing nutrients, water, physical support, and biological interactions with roots. Soil and
water are closely linked in nature, impacting each other through the hydrologic, geo-
chemical and energy cycles. In most cases, an impact on the soll system has a direct
impact on water resources

According to the most recent estimates of the Bureau of Soils and Water Management of
the Department of Agriculture, about 38% or around 11.45 million hectares of sloping areas
in the uplands are vulnerable to land degradation consist of areas classified as either
moderately or severely eroded due to massive deforestation and unsustainable land
management practices in the upland areas. Moreover, land degradation is a major
ecological problem in the Philippines. Degraded lands are widely seen as a major
contributor to the frequent occurrence of heavy and catastrophic floods in the parts of
Luzon, Mindanao and the Visayas.

This legislative measure seeks to provide the conservation of soll and water resources in the
country. It aims to mainstream, promote and support soil and water conservation in order to
prevent and control erosion and land degradation, provide rational utilization of soil and
water resources, increase farm productivity, improve ecological environment and mitigate
the impacts of flood and drought

HY

MAXIMO B. RODRIGUEZ JR.


SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES.

__ Introduced by Representative Maximo B. Rodriguez, Jr.
House Bill No, 208'7

AN ACT
PROMOTING SOIL AND WATER CONSERVATION FOR SUSTAINABLE LAND
MANAGEMENT AND IMPROVING FARM PRODUCTIVITY IN THE COUNTRY AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. This Act shall be known as the "Soil and Water
Conservation Act of 2016".

SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to
mainstream, promote and support soil and water conservation in order to prevent and
control erosion and land degradation, provide rational utilization of soil and water resources,
increase farm productivity, improve ecological environment, mitigate the impacts of flood
and drought, and enhancing people's welfare

For this purpose, the State shall: a) establish and support a National Soil and Water
Conservation Program; b) strengthen soil and water conservation research, development
and extension; c) provide regulatory measures to conserve soil and water resources; d)
identify and map vulnerable areas and land degradation hotspots_ as priority areas for soil
and water conservation; and d) unify and strengthen the support services of the national
government agencies and local government units including the provision of funding support.

SECTION 3. Definition of Terms. As used in this Act, the following terms shall mean:

(a) Abandoned Mines-refers to mines or mineral processing sites where min
closure/rehabilitation was not done or incomplete and with no legal owner exists;

(b) Critical watershed- refers to a drainage area of a river system which supplies the
major water requirements of several irrigation systems, hydro- electric dams, and
domestic, as well as industrial water systems or existing facilities needing
immediate protection and rehabilitation;

(c) Land degradation refers to the reduction or loss of the biological and economic
productivity and complexity of rain-fed cropland, irrigated cropland, range, pasture,
forest, and woodlands resulting from land use or from processes or combination of
processes arising from human activities and habitation pattern such as a) soil
erosion caused by wind and/ or water, b) deterioration of the physical, chemical, and
biological or economic properties of soils, and c) long term loss of natural vegetation;

(4) — Sloping Agricultural Land Technology (SALT) refers to a simple, applicable, low-cost
method of upland faring which consists of alley farming in which field and perennial
crops are grown in bands 4-5 meters wide between contoured rows of leguminous
trees and shrubs;


(€) Soil and Water Conservation refers to the management of soil to prevent or reduce
‘soil erosion and depletion by wind and water, and the protection, development, and
efficient management of water resources for beneficial purposes;

(4) Sustainable Land Management (SLM) refers to the use of land resources, including
soils, water, animals and plants, for the production of goods to meet changing human
needs, while simultaneously ensuring the long-term productive potential of these
resources and the maintenance of their environmental functions;

(€)* Upland refers to the extensive portion of land located within 100-600 meters above
sea level, gently sloping to undulating and general temperature of > 22.6 degrees
Celsius;

SECTION 4. National Soil and Water Conservation Program- To prevent soil erosion
and land degradation, a National Soil and Water Conservation Program, herein referred to
as the Program is hereby established, The Program shall foment synergies between
agricultural" productivity improvement and sustainable land management through
mainstreaming, promotion and implementation of soil and water conservation measures.
These Soil and water conservation measures shall be planned, designed and applied in the
cultivation and management of agricultural lands, watershed protection, development of
grazing areas, farms, forests, fisheries, mine exploration, mining, digging of wells,
construction and repairs of public or private roads, canals or ditches, slope land, forest
areas, agricultural and waste disposal and to prevent erosion and landslides on coasts, the
riparian zones eround lakes and dams and on the banks of waterways. For this purpose, the
Program shall have the following components:

a) Appraisal of the status of soll and water resources- The Department of Agriculture (DA)
through the Bureau of Soils and Water Management (BSW) shall conduct a continuing
appraisal and assessment of the status of soil and water resources which shall include
but not limited to 1) soil health; 2) extent of land degradation hotspots; 3) capability and
limitations of soll and water resources for meeting the current and future demands; 4)
extent of adoption of soil and water conservation measures and their impacts as bright
spots; and §) priority areas for the adoption of soil and water conservation measures.
The appraisal shall be undertaken in cooperation with the Department of Environment
and Natural Resources (DENR) and concerned local government units (LGUs) to identify
both areas of national and local concerns pertaining to soil and water conservation.

b) Establishment of Soil and Water Conservation Guided Farms- The Department of
‘Agriculture through the Bureau of Soils and Water Management (BSWM), its Regional
Field Offices (DA-RFOs) and the Local Government Units (LGUs) shall establish soil
and water conservation guided farms at least one in agricultural areas of each
barangay nationwide to showcase sustainable land management best practices such as
but not limited to sloping agricultural land technology (SALT), organic-based agriculture,
conservation agriculture, farm waste and residue management, wastewater recycling
and re-use, rainwater harvesting or combination of two or more of these practices.

For purposes of this Act, Soil and Water Conservation Guided farms are farms
established to showcase appropriate soil and water conservation technologies for
possible replication and up-scaling. As an approach, they facilitate the proper
implementation of soll and water conservation technologies through the provision of
technical assistance in the field survey, soil and water conservation farm planning and
implementation of the plan. In case of high impact areas such as watersheds, these soil
and water conservation guided farms shall be established in cluster in accordance with
the Soil and Water Conservation Farm Plan to be developed, farmers’ capabilities and
preferences, and available resources.


4)

Potential sites shall be identified and selected, using approved site selection
criteria, in coordination with concemed LGUs and farmers associations. Selected
sites shall be subjected to various field surveys, bio-physical characterization, and
socio-economic profiling as inputs in the preparation of Soil and Water Conservation
Farm Plan, and shall be prepared in consultation with farmers based on the sites bio-
physical characteristics, market potential of crops to be produced, and capability and
resources of farmer-cooperators to manage the farm

The DA Regional Field Offices (DA-RFOs) and the Agriculture Offices of the
LGUs shall provide the necessary technical support and extension services to
farmer-cooperators for the establishment of soil and water conservation guided
farms.

Establishment of Rainwater Harvesting Systems - To collect, accumulate, and store
rainwater and surface runoff for purposes of supplemental irrigation, inland fish
production, and other agricultural purposes, small scale rain water harvesting
program shall be formulated and implemented by the Department of Agriculture and
the LGUs

‘Smal scale rainwater harvesting system/structures or reservoir storage
faclities with a height of not more than § meters and a surface area of not more than
2, 500 sq, meters shall be established in all barangays nationwide, and in cluster to
store rainwater and surface runoff within a watershed

Potential sites shall be identified and selected using approved site selection
criteria in coordination with concerned LGUs and farmers associations. Selected
sites shall be subjected to various field surveys, bio-physical characterization and
socio-economic profiling

The small-scale rainwater harvesting structures and its field distribution
systenvfacilities shall be Implemented in accordance with the approved engineering
plans and design and the Philippine Agricultural Engineering Standards.

The BSWM and DA-RFOs shall turn over the small-scale rainwater
harvesting structures to the concemed LGUs wherein said structures are located.
Subject to the requirements to be set, the LGU shall accordingly entrust and
delegate the operation and maintenance of structures to duly organized farmers
associations as recipients. Appropriate cropping pattern and calendar that will
optimize the use of stored rainwater shall be prepared by farmers with technical
assistance from the LGUs.

Promotion of Bio-engineering Technologies- Bio-engineering technologies such as
the use of coconet shall be promoted and applied as fender to soil erosion control,
slope protection/stabilization, embankment and shore protection, and in the
rehabilitations of mined areas. This shall be integrated in the design and construction
of infrastructure projects of the DPWH, irrigation projects of NIA specifically on the
irrigation canal linings and embankment of small water impounding projects of DA
and LGUs.

Moreover, the DA and DENR in partnership with State Colleges and
Universities, DOST and LGUs shall formulate and implement a National Biogas
Extension Program to prevent and control ground water contamination and river
pollution due to livestock and bio-waste disposal, and convert these biowaste into
fertilizer and bioenergy.

Aquifer Characterization and Re-Charging- The BSWM, DA- RFOs, and the Mines
and Geo-sciences Bureau of DENR shall undertake aquifer characterization in all
production areas nationwide as basis in the establishment of shallow tube wells and
other pump irrigation projects.

The construction of small-scale rainwater harvesting structures as provided under this
Act will also form part of the program to recharge the aquifer.

4


e Water Management —- The BSWM, DA-RAEDs and LGUs shall promote among
farmers to adopt appropriate water management in their farm operations based on
the crop's water requirement and consumptive use, rainfall patter and other agro-
meteorological consideration, and for this purpose, shall engage the professional
services of agricultural and bioystems engineers

1) Knowledge Management - As a part of the National Soil and Water Conservation
Program, the promotion and exchange of knowledge on soil and water conservation
and sharing of lessons and experiences from the implementation of the Program
shall be pursued to enable broader adoption of soil and water conservation
measures and ensure program sustainability. Knowledge products such as overview
books and IEC materials on soil and water conservation shall be developed, The
BSWM, ATI, DA-RFOs and concerned SUCs shall formulate mechanisms and
strategies to implement this knowledge management component of the Program.

SECTION 5. Research, Development and Extension. The Department of
Agriculture through the Bureau of Agricultural Research (BAR) and the Agricultural Training
Institute (ATI), Ecosystem Research and Development Bureau (ERDB) of the Department of
Environment and Natural Resources (DENR) in consultation with concemed State and
Private Universities and Colleges (SUCs), Local Goverment Units and other stakeholders
shall formulate and implement a National Soil and Water Conservation Research,
Development and Extension Program which shall :

a. Conduct of research and development (R & D) in key areas pertaining but not limited
to rainwater harvesting design methods, runoff management, soil moisture
conservation impacts, soil erosion vulnerability and soil and water conservation
impacts assessment; and groundwater recharge enhancement.

b.  Capacitate the LGUs for the provision of training and institutional development of
beneficiaries and/ or cooperators of Soil and Water Guided Farms and small-scale
rainwater harvesting systems prior to operation and/ or turn-over of said facilities.
Farmer-cooperators and program recipients shall be organized into associations
and/ or cooperatives and shall be capacitated on soil and water conservation, The
BSWM, ATI and DA-RFOs shall train the LGUs on soil and water conservation,
assist them in accessing available credit windows to sustain the operation and
maintenance of soil and water conservation facilities to be established and facilitate
the registration of such associations and/ or cooperatives for purposes of
participation in the National Soil and Water Conservation Program;

¢. Capacity development of agricultural engineers and soil technologists of the DA and
LGUs; and

d. Establishment of Soil and Water Conservation Demonstration Farms in concerned
Research and Extension Centers of BSWM, DA, LGUs and DENR;

SEC. 6. Soil and Water Conservation Plan - All projects and activities pertaining to
mining exploration, digging of wells for pump irrigation, excavation of soils for buildings and
infrastructure projects, and in cultivating slope land areas for agriculture production, as
additional requirement for the issuance of Mining Permits and Environmental Clearance
Certificates by DENR, Water Permit by the Water Resources Board, Building Permit, and in
the accreditation for Good Agricultural Practices by the Department of Agriculture must
have Soll and Water Conservation plan duly prepared and certified by a registered and
licensed Agricultural Engineer. The implementation of the Soil and Water Conservation plan
shall be monitored by the Department of Agriculture.

SEC. 7. Priority Areas for Soil and Water Conservation- The following areas shall
be mapped as priority areas for the National Soil and Water Conservation Program:
5


Critical watershed areas including reservoir watersheds

2. Areas immediately above the waterline of reservoirs and lakes; river banks
side slopes of roads and canals, and other excavated or disturbed areas that
need slope protection; and coastal areas;

4, Sand dune areas, beaches, and other areas which are especially susceptible
to wind erosion;

5. Upland and hilly lands under agricultural cultivation and/or being utilized for
production purposes;

6. Abandoned mines; and

7. Other land degradation hot spots areas identified and mapped by the BSWM

The DA, DENR and concerned LGUs shall jointly be responsible in protecting these
areas through the development and implementation of soil and water conservation programs
and projects.

SECTION.8. Creation of National Soll and Water Conservation Inter-Agency
Committee- A National Soil and Water Conservation Inter-Agency Coordinating Committee
is hereby created which shall be chaired by the DA and its members are the duly
designated representative from DENR, DILG, DOST, DPWH and DAR which shail
oversee, coordinate, integrate and monitor the implementation of the National Soil and
Water Conservation Program established under this Act. The BSWM shall serve as the
Secretariat to this Inter-Agency Committee. A counterpart Regional Inter-Agency Soil and
Water Conservation Committee is hereby also established in all administrative regions of the
country which shall be chaired by the Regional Agricultural Engineering Division of the
Department of Agriculture.

SECTION. 9. Role of the Local Government Units- The Local Government Units,
pursuant to the provisions of the Local Government Code and through its Agricultural
Engineering Division/Section shall be responsible in the planning and implementation of Soil
and Water Conservation Program at the provincial, city and municipal levels, and shall:

a) Formulate Provincial, City and Municipal Soll and Water Conservation
Program which shall form part in the Local Development Plans and Land Use
Plans and shall be adopted and approved through an Ordinance by the
Sangguniang Bayan;

b) Prepare and/or evaluate plans, designs and specifications of small water
impounding projects, small farm reservoirs and other soil and water
conservation structures, facilities and projects;

c) Supervise the construction, implementation, operation and maintenance of
small water impounding projects, farm reservoirs and other soil and water
conservation structures, facilities and projects;

d) Conduct of training and extension and promotion of appropriate soil and
water conservation technologies; and

e) Evaluate soil and water conservation plans;

To effectively carry out these duties and tasks, the LGUs shall further strengthen and
transform these Agricultural Engineering Division/Section into Agricultural and Bioystems
Engineering Office.

SEC 10. Incentive Mechanism. |n order to encourage the active participation and
engagement of farmers on the Program, a market-based incentive mechanism (e.g.
Payment for environmental services) shall be formulated jointly by the DA and the DENR.

6


Within the context of a watershed, this mechanism shall be designed to provide duly
organized farmers associations or cooperatives incentives either in form of securing market
access, revolving funds or favourable terms of credit, farm implements and equipment, and
community benefits such as farm-to-market roads, barangay trading post, and other projects
that address their needs, as a reward or payment for their improved soil and water
management. As part of the mechanism, a contract agreement shall be entered between the
farmers groups and the DA and DENR or private sectors that demand the services.
Appropriate and acceptable incentive mechanism at the farm level shall also be formulated.

SEC 11. Implementing Rules and Regulations. The Department of Agriculture
together with the DENR and DILG and in consultation with other concemed agencies and
stakeholders, shall promulgate the necessary rules and regulations to implement this Act
within five (5) months upon the enactment of this Act.

SEC. 12. Appropriations. - The amount necessary for the initial implementation of
this Act shall be charged to the budget of the Department of Agriculture and the Department
of Environment and Natural Resources under the current General Appropriations Act.
Thereafter, such sums as may be necessary for its continued implementation shall be
included in the annual General Appropriations Act.

SEC. 13. Repealing Clause. - All laws or parts thereof, decrees, orders, rules and
regulations inconsistent with the provisions of this Act are hereby repealed or modified
accordingly,

SEC. 14. Separability Clause. - If any of the provisions of this Act are declared
invalid, the other provisions which are not affected thereby shall remain to be in full force
and effect.

SEC. 15. Effectivity Clause. - This Act shall take effect immediately following its
publication in a newspaper of general circulation or in the Official Gazette, whichever comes
first.

Approved,