HOUSE OF REP

RECEIVED
Republic of the Philippines 28 JUL 2016
HOUSE OF REPRESENTATIV :
Queson City
SEVENTEENTH CONGRESS

First Regular Session

HOUSE BILL No. 24»

Introduced by HONORABLE LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

In a report on the state of Philippine agriculture, the Secretary of the
Department of Agriculture said that the programs of the department for this new
administration will focus on (1) staple food commodities to ensure food security and
(2) high value crops to generate jobs and foreign earnings. To quote the report, “to
achieve food sufficiency and maximum productivity in the country, the Department of
Agriculture under President Rody Duterte must undertake the implementation of the
basic foundations of a sound agriculture and fisheries program.” At the core of this
national program is the Rice Productivity Enhancement (RIPE) program which calls
for a thorough review of the country's water management and irrigation policies,
among others. There is thus a need to revisit the irrigation component in our
agricultural sector.

The National Irrigation Administration (NIA) was created by law in 1963
principally to address the needs of the irrigation age and to investigate and study all
available and possible water resources in the Philippines, primarily for irrigation
purposes, to plan, design, construct and/or improve all types of irrigation projects
and appurtenant structures (Section 2, RA 3601, as amended by P.D. 552 and P.D.
1702). For this purpose, the NIA has been given the necessary flexibility of a
corporate vehicle and the administrative autonomy to achieve its statutory objectives.

Despite this, about 2.4 million hectares or 43% of farm lands in the Philippines
still lack irrigation. The country needs to put equal weight to more streamlined,
community-based, small-scale, yet far-reaching irrigation development program that
can be done here and now and this bill provides the impetus for this goal

This measure therefore proposes to refocus the direction, role and function of
the National Irrigation Administration (NIA) towards the effective development and
construction of irrigation systems. The NIA shall be renamed National Irrigation
Development Administration (NIDA) and converted into a line agency of the
Department of Agriculture. It shall focus on the following as described in the Act:
National Irrigation Program, Streamlined Irrigation Development Program and



Continuing Research and Development. This includes the reformulation and
upgrading of irrigation methods through continued research, development and
application of technological advancements in order to make irrigation sustainable,
environment friendly and cost effective.

The proposed refocusing of NIA’s role and purpose further seeks to foster
sustainable livelihood among its farmers though improvement in both farm
Productivity and increased income by abolishing existing laws prescribing the power
and authority of the NIA to collect Irrigation Service Fees (ISF) or other forms of
charges for the use of irrigation systems. At the same time, it also intends to make
the farmer-stakeholders accountable and effective partners in the maintenance of
the irrigation facilities by providing them with adequate technical assistance

In view of the importance of the iirigation in agricultural productivity, food
security and livelihood, the passage of this bill is earnestly sought.

IN
LUIS R NUND “(RAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO,_ & 199

AN ACT
CREATING A STREAMLINED NATIONAL IRRIGATION DEVELOPMENT
PROGRAM, ABOLISHING THE IRRIGATION SERVICE FEES, RENAMING THE
NATIONAL IRRIGATION ADMINISTRATION TO THE NATIONAL IRRIGATION
DEVELOPMENT ADMINISTRATION, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

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

Section 1. Title. - This Act shall be known as the "Free Irrigation Reform and
Restructuring Act of 2016."

Section 2. Declaration of Policy. - It is the policy of the State to pursue a
comprehensive agricultural development, through effective and progressive irrigation
programs. Guided by the principle of self-sufficiency, the agricultural sector shall
make full use of human and natural resources

In pursuit of the goals of genuine rural development, the State shall promote a viable
tural agricultural economy by raising farm productivity at competitive and market
sufficiency levels through the provision of irrigation infrastructure and comprehensive
support services for farmers

Section 3. Renaming and Re-Classifying the Agency. - The National
Irrigation Administration, which was created under Republic Act No. 3601, as
amended by Presidential Decrees No. 552 and 1702, is hereby renamed as the
National Irrigation Development Administration (NIDA), and is hereby converted from
a government corporation into a line agency under the Department of Agriculture


Section 4. Restructuring/Amending the Irrigation Mandate. — The mandates,
powers and authorities provided to the NIA under existing laws shall be assumed by
the NIDA, except for the provisions which are inconsistent with this Act.

Section 5. National Irrigation Program. - The National Government shall
undertake a comprehensive irrigation program, guided by the following objectives:

(a) _ Generation, restoration and rehabilitation of community-based irrigation
systems and facilities using progressive and modem irrigation methods:

(b)  Reformulation and upgrading of the methods of irrigation through
continued research and development and application of technological advancements
in the field of irrigation; and

(c) Strengthened coordination with local government units, cooperatives,
farmers’ associations, non-governmental organizations, and technical assistance and
development of the irrigation systems used in their respective areas and
jurisdictions.

Section 6. Streamlined Irrigation Development Program. - In line with the
national policy objectives, the National Irrigation Development Administration (NIDA)
is mandated to expedite its irrigation development programs and be able to irrigate
one hundred percent (100%) of irrigable lands all over the country, within a period of
four (4) years from the effectivity of this Act. After the lapse of the four year period,
the NIDA shall then submit to Congress a detailed report and satisfactory proof of its
completion of the ninety-five-percent target.

Section 7. Continuing Research and Development. - The NIDA shall conduct
continuing research and development as well as application of technological
advancements in the field of irrigation. This shall include the viability of the
introducing solar-powered irrigation facilities to benefit remote villages that are not
connected to a power grid

Section 8. Irrigation Planning and Advisory Board. - Section 4 of R.A. 3601, is
hereby repealed and the NIA Board of Directors is hereby replaced by the Irrigation
Planning and Advisory Board (IPAB), which shall have the same membership and
shall have the following additional powers and functions:

1. To formulate and adopt policies for the management and operations of the
NIDA;

2. To formulate the relevant strategies, plans, and programs as well as
organizational development that will ensure the effectiveness of the
missions of agency;

3. To study and develop all available water resources in the country, primarily
for irrigation purposes;


~~

To plan, design, construct and/or improve all types of irrigation projects
and appurtenant structures;

to

To operate, maintain and administer all national irrigation systems (NIS);

2

. To oversee efficiency, integrity and transparency of the affairs and
operations of the Agency in the implementation of its irrigation plans and
development programs;

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To approve for the NIDA's plans, programs and budgets for inclusion in the
Department of Agriculture's plans and budgets for the ensuing year;

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To regularly monitor and evaluate NIDA's reports on the state of irrigation
in the various regions of the country for all the major crop commodities in
each region;

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To oversee, in cooperation with the Commission on Audit, the inventory of
all NIDA irrigation assets;

10. To ensure effective partnership with stakeholders of the irrigation projects,
and ensuring that such entities have professional management support;

11. To approve any organizational re-engineering plan that may be needed
for transformation of NIA into the NIDA which may entail, among other
measures: (1) reduction of maintenance and collection personnel, (2)
expansion of research and development, and construction management
units, and (3) provision of early retirement benefits at a factor of 2 months
basic for every year of service; and

12. To ensure the hiring of technically competent and highly capable, qualified
personnel in the Agency

Section 9. Abolition of irrigation fees. - Irrigation Services Fees (ISF) and
other kinds of irrigation fees shall no longer be charged upon effectivity of this Act.
All unpaid irrigation fees shall be restructured under terms and conditions that are
not oppressive to the farmers.

Section 10. Technical Assistance to Stakeholders. - The NIA shall provide
technical and financial assistance to local government units, cooperatives, farmers’
associations, and nongovernmental organizations with respect to irrigation systems
located, utilized, and managed in their respective jurisdictions, including all functional
equipment and facilities appurtenant thereto.

Section 11. Funding. - The NIDA shall adopt the budget of NIA as
appropriated in the Annual General Appropriations Act.


Further, the amount of One Billion Pesos (PhP1,000,000,000.00) is hereby
appropriated for the implementation of the Streamlined Irrigation Development
Program. After the initial year of implementation, the same amount shall be included
in the budget of the NIDA.

Section 12. Submission of Detailed Status Report to Congress. - The NIDA is
hereby mandated to furnish Congress a detailed status report of its programs,
targets and accomplishments for the preceding five (5) years. This is without
prejudice to the NIA's obligation to furnish Congress with a Fiscal Report under
Article VI, Section 11 of R.A. 3601

Section 13. Implementing Rules and Regulations. - Within three months from
the effectivity of this Act, the Secretary of Agriculture shall form an ad hoc Task
Force to be composed of two representatives each from the NIDA, from the large
scale irrigators association, from small irrigators associations, and one
representative each from the professional associations of civil engineers and an
accountants or financial management group, to formulate the Implementing Rules
and Regulations within the ensuing period of three months. Two representatives of
the Congressional Commission on Agriculture and Fisheries Modernization shall join
the meetings of the ad hoc Task Force as observers.

Section 14. Separability Clause. - In the event that any provision or part of
this Act shall be declared unconstitutional, the remaining provisions shall remain
valid and in full force and effect.

Section 15. Repealing Clause. - All laws, decrees, executive orders, rules
and regulations and other issuances or parts thereof which are inconsistent with this
Act are hereby repealed, amended or modified accordingly.

Section 16. Effectivity.- This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation, whichever comes earlier.

Approved,