Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Third Regular Session

826
HOUSE BILL NO. A “
Introduced by HON. RONALD M. COSALAN

EXPLANATORY NOTE

On January 20, 2018, a fire razed 5.9 hectares of grassland in Mt. Pulag when a butane
tank, used by trekkers in cooking food, exploded. Similarly, a bush fire also struck Mt. Ulap in
Itogon town in Benguet province.

Mt. Pulag National Park is a critical biodiversity area because of its rich plant and
animal life. The park, which extends to five towns in the provinces of Benguet, Ifugao and
Nueva Vizcaya, is home to rare animals, like the cloud rat, which thrive in the mossy forest, and
the Luzon shrew, which populates the grassland summit. Roberto Cereno, director of the
Training Center for Tropical Resources and Ecosystem Sustainability of the University of the
Philippines Los Bafios, a biodiversity management expert, said it would take a year for that
portion of Mt. Pulag to recover from the fire.

Hence, the public is clamoring for a law declaring the Mt. Pulag National Park as a
protected area to prevent the recurrence of such a tragedy and the possible total
decimation/destruction of this natural resource. Recently, the House of Representatives
approved on third reading House Bill 6772 on the Enhanced National Integrated Protected
‘Areas System (ENIPAS), which unfortunately did not include Mt. Pulag National Park.

Actually, Mt. Pulag is one of the mountains included in the Upper Agno River Basin
Resource Reserve (UARBRR), with Mt. Data, Mt. Pack, Mt. Panotoan, Mt. Pawaadan, Mt.
Cawal, Mt. Patapat, Mt. Tacpangan, Mt. Bucad, Mt. Singakalsa, Mt. Mongoto, and Mt. Nanagto.
‘The Upper Agno River Basin is one of the most important protected areas in the country owing
to its cultural, biological, hydrological and ecological contributions. Its waters support four
major dams in Luzon, to wit: Ambuklao, Binga, San Roque and Magat Dam. Thus, it has been
christened as the watershed cradle of Northern Luzon since six of the major river systems are
sustained by its forests. The area is occupied by four indigenous groups called the Ibalois,
Ikaraos, Kalanguyas and Kankanaeys. It is home to different natural resources and a rich
biodiversity.


These resources need to be guarded to help the stakeholders cope up with the fast rate of
land use changes, population growth, and rapid development within and surrounding areas.

In this connection, we urgently appeal for the establishment of the Upper Agno River Basin
Protected Landscape (UARBPL). Hoping for your most urgent support for this bill.

fore Lorrf

QNALD M. COSALAN


waivaneunn

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENT CONGRESS
Third Regular Session

HOUSE BILL No, _8262

Introduced by HON. RONALD M. COSALAN

ANACT

DECLARING THE UPPER AGNO RIVER BASIN PROTECTED LANDSCAPE IN
THEMUNICIPALITIES OF BOKOD AND KABAYAN; AND SOME PORTIONS OF THE
MUNICIPALITIES OF ATOK, BUGUIAS, ITOGON, LA TRINIDAD, AND TUBLAY, ALL
IN THE PROVINCE OF BENGUET; PORTIONS OF BAUKO, MT. PROVINCE; PORTIONS
OF TINOC, IFUGAO AND; KAYAPA, NUEVA VIZCAYA AS A PROTECTED AREA
UNDER THE CATEGORY OF PROTECTED LANDSCAPESPROVIDING FOR ITS
MANAGEMENT AND FOR OTHER PURPOSES

Section1. Short Title - This Act shall be known as the “Upper Agno River Basin-
Protected Landscapes Act of 2018.

Section2. Declaration of Policy - Pursuant to Republic Act No. 7586, otherwise
known as the “National Integrated Protected Areas System Act of 1992”, it is hereby declared
the policy of the State to ensure the protection and conservation Of Upper Agno River Basin as
a protected area in order to preserve its biological diversity, the uniqueness of its
landscapes/seascape and its socio- cultural and economic significance for the benefit and
enjoyment of the people of the Province of Benguet, Nueva Vizcaya, Mt. Province and Ifugao.
The State shall ensure the full implementation of this Act by establishing the institutional
mechanism for the mobilization of resources and providing for adequate scientific and technical
support for the conservation of biodiversity and the integrity of the ecosystems, cultures and
spiritual practices.

Section 3. Scope and Coverage - The boundaries of the Upper Agno River Basin
Protected Landscapes are as follows:

Tie point begins at a point marked “1” which is N 38-51-36, 200.81 meters from
PRS92 BGT-3097 Control Point, located at Brgy. Caliking, Municipality of Atok, Province
of Benguet with geographic coordinates of 16-30-3 latitude and 120- 40-40.38 longitude.
Itcovers a total of 78, 315.03 hectares.


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m1
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3
74
7s
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7
738

DISTANCE

4142
4243
4344

45-46

BEARING

N 38-51-36 E
N56-55-9E
N11-5557E
N 4-46-38 W
N38-1137E
N51452E
N86-22.39E
4213-47 E
N31-7-15W
N41-6-14E
N724812E
3-36-16 W
1N 55-24-19 E
N84-55.57E
N24338E
1N 30-56-48 E
N2B537E
N 67-2527
1N 49.29.27 E
N 49-3952 E
N33-51-35 E
N39-20-30 W
N87-22.56E
N22-34.33E
N33-7.39 E
N 10-55-36 W
N 24-43-10 E
N29-0-0W
N2BOOE
52.39.57 W
N 15-27-14 E
N54442W
N 67-58-16 E
N23.53.54 W
N2831-49E
N73-241E
N135412W
N38-16-0W.
N 38-10-47 E
N 23-2220 W
N 29-28-33 E
N8-1041W
N55-47-12W
N 163-25 W
N50-48-41 W

DISTANCE LINE

(meters)
158.74
1332.76
666.17
266.60
984.61
397.93
390.45
7773
514.53
484.09
335.76
498.14
995.59
790.95
982.11
989.39
508.15
866.29
117130
921.14
3577.77
77373
448.94
857.70
1267.46
887.93
434.85
300.00
230.00
200.94
540.99
662.20
792.78
722
412.83
1347.40
961.73
714.08
947.63
1147.17
559.22
892.79
647.25
1218.27
811.90

109-110
0-111
mi—112
112-113
113-114
114-115
115-116
116-117
117-118
118-119
119-120
120-121
121-12
122-123
123-124
124-125
125-126
126-127
127-128
128-129
129-130
130-131
131-132
132-133
133-1394
134-135
135-136
136-137
137-138
138-139
139-140
140-141
141-142
142-143,
143-144
144-145,
145-146
146-147
147-148
148-149
149-150
150-151
151-152
152-153
153-154

BEARING
(meters)
N 68-47-15 E
$26-26-1E
$8328W
$77-29-41 W
N 68-56-31 W
$70547W
N 22-48-58 W
N81-29W
S30-6-49E
$ 26-21-46 E
$13-411-21W
$26-158W
83-38-30 E
S18-284E
$15347W
36-28-21 E
$ 80-42-23 E
11-18-20 W
$7.39-40W
$2258-1W
$ 69-26-45 W
S 69-26-45 W
$1342.25 E
$650-51W
S 18-28-18 E
$18.28-18 E
$41-162W
S1834-2E
$9-46-14W
S917-56E
S34442E
S36-15-11 W
$ 2413-15 W
$324.35
S14-28E
$29.1959W
$3951-17 W
$1142.56 E
$38-613 W
S6-54.29E
$50234W
$230-55W
$29.33-37 W
S 8454-21 W
$53-45-17 W

600.64
801.36
1903.36
263.25
200.38
185.05
15731
113.28
3930.49
887.28
3330.86
4333.69
1390.55
1104.90
2381.84
3833.89
1851.00
1190.81
1526.70
908.65
876.04
876.04
1350.46
947.76
984.73
984.73
662.55
788.04
489.09
748.84
826.77
663.37
828.02
1583.68
2293.40
1812.70
1243.65,
221.62
1560.56
557.04
3000.56
1162.12
385.13
1396.52
715.44


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46-47
4748
4849
49-50
50-51
51-52

N70-16-34E
1N 30-38-26 E
N 67-4547 E
N 4651-19 E
N17-24-17 E
N 25-47-13 W
N18.33-41E
49-2451 E
N25251W.
N29.00E
N43-0-0 W
N14-65E
N38-211 E
N1227-7E
N820-.0E
N25-1-20E
N 45-49-25 E
5-25-26 E
N 58-55-24 E
N654-44 E
3730-15 E
N67-055E
N21-568E
N45-45-0 E
$ 89-36-22 E
N 27-41-43 E
N 60-25-20 E
S7257-2E
N5743-42E
N37-34-39 E
S41-256E
84-26-28 E
$21-54-38 E
N78-2-13E
N 83.32.54 E
N46-16-12E
S55-44.39 E
S43-19-50 E
N 68-49-34 E
S1749E

$ 29-37-53 W
$220-41W
$ 23-41-12 W
S18-46-5E
$29-34-0E
$10-9-20 W
S3147-5E
$ 14-54-37 E

1856.66
881.48

668.16
474.16
766.57
1101.29

665.76
300.00
270.00
690.64
644.01
608.76
340.00
811.68
385.59
1235.06
338.74
299.43

524.23
1042.67
708.29
337.74
897.13
309.17
719.84
596.24
1378.34
455.24

1170.98
712.04
521.35
454.40
478.38
694.37
803.29
986.77
322.49
521.48
610.35
459.18
506.18
446.97
707.94
449.76

154-155
155-156
156-157
157-158
158-159
159-160
160-161
161-162
162-163
163-164
164-165
165-166
166-167
167-168
168-169
169-170
170-171
171-172
172-173
173-174
174-175
175-176
176-177
17-178
178-179
179-180
180-181
181-182
182-183
183-184
184-185
185-186
186-187
187-188
188-189
189-190
190-191
191-192
192-193,
193-194
194-195,
195-196
196-197
197-198
198-199
199-200
200-201

85-10-23 W
N1-288E
N0-36-19W
N 78-303 W
N 14-2847 W
N 49-5357 W
N 1-45.58 W
1N 56-59-26 W
N8.30-35 W
N 22-30-50 E
N 40-26-47 W
$87-29-7 W
N40-27.2W.
N18-0.59W
N 46-13-15 W
$65-20-7 W
51-35-43 W
8385-57 W
57-28-26 W
$1931-14W
N34-1-10W.
N 84-50-99 W
N 64-10-21 W
N206-8W
N1-26-12E

S 89-48-47 W
N32433W
N51-829W
N5-2037W
$ 67-21-33 W
$.50-26-56 W
S71-41-23 W
N 53-26-22 W
N37-41-44 W
$76-50-50 W
N 20-50-43 W
N 89-57-47 W
N 40-29-20 W
N 25-39-38 W
N7-1847E
N29-39-50E
N12-2747E
N51-10-41 E
N32493E
N51-15-12E
1N 33-54-56 E
N53-5-16E
N 465785.

1129.00
819.27
1136.06
356.15
112782
804.22
838.68
1259.55
903.78

1457.29
592.57
659.69

862.87
1159.82
806.49
941.62
559.81
7118
48.26
1710.95
1042.09
1847.55
319.10
613.00
600.92
1106.15,
433.80
418.23
639.47
655.10
592.61
1429.35
1085.48
834.63
1376.58
1148.03
424.91
604.92

401.34
275.96
486.33
483.13
630.56
645.40
329.21


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128
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132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169

94-95 S28-745W 376.93 202-203 N14-21-2E 426.96
95-96 $150-44 E 765.90 203-204 «=~ N3I-S453E = -231.89
6-97 $11-28-35W 813.70 204-205 N88-5451E 169.71
97-98 S345-59W 608.20 205-206 «= N42-14-16E 870.68
98-99 S1453-45E 473.35 206-207 N46-2645E 518.89
99-100 $45-20-47W 842.42 207-208 «= N58-3018E 9457.14
100-101 $40-2-16 E 499.11 208-209 N67-14-21E 460.77
101-102 S24-22-52E 386.80 209-210 N75-30-9E 383.51
102-103 S$64-18-27W 1028.02 210-211 $ 82-36-40 E 435,89
103-104 S55-21-45W 647.01 211-212, $ 268-18 E 471.61
104-105 $81-33-30W 735.75 212-213 $37-28-6E 113.08
105-106 65-53-46 W 1067.95 213-214 S7300E 280.00
106-107 $4635-23W 1159.41 214-215 N52-30-0E 137.80
107-108 S75122W 78.54 215-1 N 60-5-26 E 610.30
108-109 SI715-12E 766.96

Section4. Land Classification- All lands of the public domain comprising the
UARBPL shall fall under the classification of protected landscapes as provided for in the 1987
Philippine Constitution: Provided, The public lands already classified as agricultural lands of
alienable of disposable lands prior to the passage of this Act remains such and may be disposed
pursuant to existing laws.

Section 5. Definition of Terms- As used in this Act:

a)

b)

Biological resources refer to living natural resources, including microorganisms,
plants, animals, and other biotic component of the ecosystem with actual or
potential use or value,

Buffer zones refer to identified areas outside the boundaries of and immediately
adjacent to designated protected areas pursuant to Section 8 of the NIPAS Act
that need special development and monitoring in order to avoid or minimize
harm to the protected area,

General Management Plan refers to the basic long-term framework plan to attain
the objectives of conserving and protecting the area which shall serve as guide in
the preparation of the annual operations plan and budget,

General management planning strategy refers to the general guide in the
formulation of site specific management plan that shall include the management
of buffer zones and the preservation of ancestral domain lands;

Indigenous peoples refer to a group of people sharing common bonds of language,
customs, traditions, and other distinctive cultural traits, and which have since
time immemorial occupied, possessed and utilized a territory;

Protected area refers to identified portion of land and water that are set aside so
that their unique physical significance and biological diversity are protected
against destructive human exploitation; and


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a7.
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241
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Tenured migrants refer to persons who have actually and continuously occupied
an area for five (5) years prior to its designation as a protected area in accordance
with the NIPAS Act, and are solely dependent on its resources for subsistence.

Section 6. Protected Area Management Board (PAMB) - The Protected Area
Management Board- There shall be created a Protected Area Management Board (PAMB) which
shall serve as the highest policy making body of the UARBPL and shall be composed of the
following:

a) The Regional Executive Director (RED) of the Department of Environment and
Natural Resources Cordillera Administrative Region (DENR-CAR), as
Chairperson.

b) The Provincial Planning and Development Coordinator (PPDC) of Benguet,
Nueva Vizcaya, Mt. Province, and Ifugao as members;

©) One (1) representative from each municipality government of Atok, Bokod,
Buguias, Itogon Kabayan, La Trinidad and Tublay, Province of
Benguet;Municipality of Bauko, Province of Mt. Province; Municipality of Tinoc,
Province of Ifugao; and Municipality of Kayapa, Province of Nueva Vizcaya to
be appointed by their respective Sangguniang Bayan, as members;

4) One (1) representative from each barangays Abiang, Catubo, Paoay, Kaliking,
and Topdak, Municipality of Atok, Benguet; Barangay Monamon, Municipality
‘of Mt. Province; Barangays Ambuklao, Bila, Bobok-Bisal, Daclan, Ekip, Karao,
Nawal, Pito, Poblacion, and Tikey, Municipality of Bokod, Benguet; Barangays
Abatan, Amgaleygey, Amlimay, Baculongan Norte, Bangao, Buyacaoan,
Calamagan, Catlubong, Loo, Natubleng, Poblacion, Baculongan Sur, Lengaoan,
and Sebang, Municipality of Buguias, Benguet; Barangays Loakan and
Tinongdan, Municipality of Itogon, Benguet; Barangays Adaoy, Ballay, Bashoy,
Batan, Duacan, Eddet, Gusaran, Kabayan Barrio, Pacso, and Poblacion,
Municipality of Kabayan, Benguet; Barangays Ambiong, Beckel, Lubas, and
Shilan, Municipality of La Trinidad, Benguet; Barangays Ahin and Tokukan,
Municipality of Tinoc, Ifugao; Barangays Ambassador and Caponga,
Municipality of Tublay, Benguet; and Barangays Ansipsip, Cabayo, and
Pangawan, Municipality of Kayapa, Nueva Vizcaya to be appointed by their
respective barangay councils, as members;

©) At least three (3) representatives from nongovernment organizations (NGOs)
and local community organizations involved in the protected area management
based in the jurisdiction of UARBPL and duly accredited by the municipal
government, chosen through an election exclusively called for the purpose by the
DENR in coordination with concerned local government units (LGUs), as
members

£) One (1) representative from each tribal community, chosen in an election to be
conducted by the DENR in coordination with the National Commission on
Indigenous Peoples (NCIP), as member; and

g) One (I) representative each, if necessary, from other government agencies
involved in the management of the UARBPL


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Except for government officials who shall serve as ex officio, every member of the PAMB
shall be appointed by the DENR Secretary and shall serve for a term of five (5) years without
compensation provided, that each member remains connected with the organization being
represented. In the case of members who are government officials, their appointments shall be
coterminous with their term of office. Whenever a vacancy occurs during the term of a
nongovernment PAMB member, a new member shall be chosen in the same manner as the
original selection process and shall only serve for the remaining term.

‘The members of the PAMB shall be entitled to reimbursement of actual and necessary
traveling and subsistence expenses incurred in attending meetings of the PAMB or any of its
committees, subject to government accounting, auditing and budgeting rules and regulations,
and subject further to the availability of funds as reflected in the Work and Financial Plan
(WEP), which is required in accessing funds from the Integrated Protected Area Fund (IPAF).

Section 7. Powers and Functions of the PAMB- The PAMB shall exercise the
following powers and functions:

a) Issue rules and regulations to prohibit acts that may be prejudicial to the UARBPL and
the policy declaration herein set forth as well as established biodiversity protection
criteria

b) Approve the management plan required under Section 10 of this Act and oversee the
office of the Protected Area Superintendent (PASu),

©) Adopt rules and procedures for the conduct of business, including the creation of
committees to whom its powers may be delegated.

d) Set fees for the issuance of permits for activities regulated by this Act or the
management plan,

¢) Issue rules and regulations for the resolution of conflicts through appropriate culturally
sensitive and effective means,

f) Approve proposals for funding and budget allocation and exercise responsibility over
all funds that may accrue to the UARBPL; and

g) Deputize interested individuals for the enforcement of the laws, rules and regulations
governing the conduct in the UARBPL and its buffer zone.

The DENR, through the RED for CAR, shall exercise authority over the PAMB to ensure
that it acts within the scope of its powers and functions. In case of a conflict between
administrative orders of national application issued by the DENR pursuant to the NIPAS Act
and other pertinent laws and the rules and regulations issued by the PAMB, the PAMB shall
notify the DENR Secretary who shall decide whether to apply the rule or withdraw its
application in the UARBPL. The decision of the DENR Secretary shall be guided by a preference
for local initiatives and specific policies enacted by the PAMB. The decision of the DENR
Secretary may be raised on appeal to the Regional Trial Court that has jurisdiction over the
UARBPL.



257 Section8. The Protected Area Management Office (PAMO)- There is hereby
258 created a PAMO to be headed by a PASu with plantilla position who shall perform the day to
259 day management, protection, and administration of the Upper Agno River Basin Protected
260 Landscapes. Sufficient number of support staff shall be appointed by the DENR to assist the
261 _ PASu in the management of the Upper Agno River Basin Protected Landscapes.

262

263 The Positions are as follows:
264
No Ttem Salary | Equivalent
Grade _| Salary
1 Park Superintendent 26 92, 108
it ‘Asst. Park Superintendent | 24 73,299
1 Provincial Deputy Park 24 73,299
Superintendent
1 Legal Officer 2 58,717
3 Sr. Ecosystems Management | 18 38,085
Specialist
1 Administrative Officer 18 38,085
1 Veterinarian 18 38,085
1 Engineer 18 38,085
1 GIS 18 38,085
1 Community Development | 15 29,010
Officer III
1 Finance Officer 15 29,010
1 Cashier 15 29,010
1 Supply Officer 15 29,010
3 Ecosystems Mgt. Specialist I_| 15 29,010
1 Livelihood Specialist 15 29,010
1 Human Resource 15 29,010
Development Officer
1 Biologist 15 29,010
1 Ecotourism Specialist 15 29,010
1 ‘Taxonomist 15 29,010
3 Legal Assistant 15 29,010
1 Communications Assistant | 15 29,010
1 Records Officer I 15 29,010
1 IT Staff 15 29,010
1 Lawyer 15 29,010
4 ‘Community Development | 11 20,179
Officer I
4 Park Development Officer | 8 16,282
(Park Warden)
Drivers 6 14340
2 Clerks/ Stenographer 6 14,340
1 Utility Worker 4 12,674



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290
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292
293
294
295
296
297
298
299
300
301
302
303
304
305
306

2 Green Brigade 4 12,674
TOTAL 716,064

Section9. Protected Area Superintendent Office- There is hereby established a
Protected Area Superintendent (PASu) Office in charge of the management, protection and
administration of the UARBPL. The PASu shall be supported by the existing personnel of the
DENR. The head of office shall be the chief operating officer of the UARBPL and shall be
accountable to the DENR RED for CAR and the PAMB. The PASu shall have the following
powers and functions:

a) Prepare the initial and subsequent management plan as herein provided.

b) Serve as the secretariat for the PAMB with the duty to provide the PAMB with all the
needed information in making appropriate decisions when necessary;

©) Establish a productive partnership with the local community, including groups
interested in the achievement of the herein goals and objectives, and in the planning,
protection and management of the UARBPL,

4) Develop and implement a park information, education and visitor program;

€) Enforce the laws, rules and regulations relevant to the UARBPL and assist in the
prosecution of offenses

{) Monitor all activities within the UARBL to ensure compliance with the management
plan, and

8) Perform such other functions as the PAMB may assign.

Section 10. Protected Area Management Plan- Within one (1) year form the
effectivity of this Act and in accordance with the General Management Planning Strategy as
provided for in the NIPAS Act, the PASu, in coordination with the local communities,
appropriate offices of the DENR, LGUs, NGOs, and people's organizations (POs), shall prepare
a management plan. The management plan shall contain, among others, the following:

a) The category of the protected area;

b) Period of applicability of the plan;

c) Key management issues;

d) Goals and objectives of management in support of no. 3 hereof,

e) Site management strategy;

f) Major management activities such as, but not limited to, enforcement of laws, habitat
and wildlife management, sustainable use management, infrastructure development
and maintenance, fire and pest control, etc;

g) Zoning; and

h) Visitor management programs

The management plan shall be reviewed, approved, and adopted by the PAMB and
shall be certified by the DENR Secretary that it conforms to all laws, rules and regulations of
national application issued by the DENR. In no case shall the DENR revise or modify the
management plan without prior consultation with the PAMB.



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‘One (1) year before the expiration of the initial management plan, the PASu shall cause
the publication of notices for comments and suggestion on the subsequent management plan in
a newspaper of local circulation and the posting of such notices in the provincial, municipal,
and barangay halls and in three (3) other areas frequented by the public. Public hearings may be
conducted on the subsequent management plan upon the written request of any interested
party. The plan shall be prepared in the language understood in the area and shall be made
available to the public during the period for comments.

In the event that no subsequent management plan is adopted upon the expiration of the
initial management plan, the latter shall remain in force subject to interim modifications that
may be adopted by the PAMB.

Section 11. Integrated Protected Area Trust Fund- On the establishment of the IPAF,
the pertinent provisions of the NIPAS Act as amended by RA 10629 should be followed. Special
Agreement in the Protected Area shall be issued by the PAMB with corresponding amount
allowed by law that shall accrue to the IPAF.

Section 12. Upper Agno River Basin Protected Landscapes Fund- There is hereby a
trust fund known as the Upper Agno River Basin Protected Landscapes Fund, for the purposes
of financing projects of the UARBPL. Alll income generated from the operation or management
of wild flora in the UARBPL shall accrue to the Fund. These income shall be derived from the
visitor/tourist fees, fees from permitted sale and export of flora and fauna and other resources
from the UARBPL, proceeds from the registration and lease of multiple-use areas including
tourism concessions, contributions from industries and facilities directly benefitting from the
protected area and such other fees and incomes derived from its operation.

The Fund may be augmented by grants, donations, endowment from various resources,
domestic or foreign, for purposes related to their functions Provided, That the Fund shall be
subject to the retention by the PAMB of the protected area, of seventy-five percent (75%) of all
revenues raised therefrom and deposited in any government bank within the locality where the
protected area is located, and the disbursements shall be made solely for the protection,
maintenance, administration, and management of the area and implementation of duly
approved projects endorsed by the PAMB in accordance with existing accounting, audition and
budgeting rules and regulations: Provided, further, That twenty-five percent (25%) of the
revenues shall be deposited as a special account in the National Treasury: Provided finally, that
the Fund shall not be use to cover personal services expenditures.

The LGUs shall continue to impose and collect all other fees not enumerated herein
which they have traditionally collected, such as business permits, property tax and rentals of
LGUs’ facilities. Furthermore, LGUs may charge add-ons to fees imposed by the PAMB:
Provided, that such add-ons shall be determined based on the contribution of the LGUs in the
maintenance and protected area.


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Section 13, Existing Facilities and Infrastructure- Within sixty (60) days from the
effectivity of this Act, the owners, operators or public offices in charge of major existing
facilities such as roads, buildings, water systems, transmission lines, communication facilities,
heavy equipment and irrigation facilities within the boundaries of the UARBPL shall submit a
project description to the PAMB through the PASu, and with the help of the DENR, the PAMB
shall determine whether the present and future existence, operations and plans of a facility is
detrimental to the UARBPL of conditions for its continued operation shall be imposed. If any
such conditions, once imposed, are violated, the owner of the facility shall be liable to pay fine
of five thousand pesos (P 5, 000.00) for every violation. Upon reaching a total fine of five
hundred thousand pesos (P500,000.00), the PAMB, through the PASu and other deputized
government entities, shall cause the cessation and demolition of the facility at the cost of its
owner.

Existing facilities allowed to remain within the UARBPL may be charged a reasonable
royalty by the DENR. All income from such royalty shall accrue to the Fund.

Section 14. Utilization of Nonrenewable Resources- Any exploitation and
utilization of nonrenewable resources within the UARBPL shall be allowed only upon the
approval of the PAMB and shall be subject to the Environmental Impact Assessment (EIA)
System.

Section 15. Indigenous Peoples Rights- Ancestral domains and the customary rights
and interest of indigenous communities located within any area of the UARBPL shall be
accorded due recognition and respect. The preservation of ancestral domains and customary
rights shall be considered as one of the management objectives of this Act.

The evaluation of ancestral domain claims within the UARBPL shall be conducted in
accordance with Republic Act No. 8371, in coordination with the DENR and other concerned
groups.

Section 16. _ Tenured Migrants and Other Protected Area Occupants- Persons who
have actually and continuously occupied a portion of the UARBPL five years before the
effectivity of the NIPAS Act and whose livelihood are solely dependent of the area shall be
considered as tenured migrants in the UARBPL.

For the purpose of official documentation, recognition of rights and determination of the
extent of occupation within the UARBPL, a tenured migrant shall be issued a tenurial
instrument over the area being occupied or cultivated. However, in areas that are designated as
zones in which no occupation of other human activities are allowed, a provision for the transfer
of tenured migrants to multiple-use zones or the buffer zone shall be undertaken.

Upon the cancellation of a tenured migrant instrument for cause, abandonment or by
voluntary surrender of rights, the PASu shall take immediate steps to rehabilitate or restore the
area to its natural state.


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Section 17. Prohibited Acts and Penalties- In addition to the provisions in the
NIPAS Act, the following shall constitute the prohibited acts and penalties in UARBPL:

a) Hunting, destroying, disturbing or mere possession of any plant or animal or
product derived therefrom without a permit from the PAMB;

b) Dumping of any waste product detrimental to the BPNM, or to the plants, animals
or inhabitants therein;

©) Using any motorized equipment without a permit from the PAMB;

d) Mutilating, defacing or destroying objects of natural beauty, or objects of interest to
cultural communities;

e) Damaging and leaving roads and trails in a damaged condition;

f) Squatting, mining or otherwise occupying any land;

g) Constructing or maintaining any kind of structure, fence or enclosure or conducting
any business enterprise without a permit from the PAMB;

h) Leaving exposed or in unsanitary condition refuse or debris or depositing the same
in the grounds or in bodies of water; and

i) Altering, removing, destroying or defacing boundary marks or signs.

i) Any project, environmental critical or not, outside the scope of the General
Management Plan of UARBRR shall be subjected to Environmental Impact Analysis.

k) Prospecting activities shall be presented to the PAMB before issuance of permit

}) The Licenses, Patents, and Deeds Division should not issue any permit without the
consent of the PAMB.

Section 18. Special Prosecutor and Retained Counsel- Within thirty (30) days from
the effectivity of this Act, the Department of Justice (DOJ) shall appoint a special prosecutor to
prosecute violations of laws, rules and regulations in the protected area. The special prosecutor
shall coordinate with the PAMB and the PASu in the performance of duties and assist in the
training of wardens and rangers in arrest and criminal procedures. The PAMB may retain the
services of counsel to prosecute and assist in the prosecution of cases under the direct control
and supervision of the regular or special prosecutor. Said counsel shall also represent and
defend the members of the PAMB, the PASu and the staff, or any DENR deputized individuals
and volunteers, against any legal action arising from the performance of their powers, functions
and responsibilities as provided in this Act.

Section 19. Reporting Responsibility- The PASU, through the PAMB, shall submit
an annual accomplishment report of the protected area to the Secretary of the DENR through
the PAMB. A report on the conditions and benefits of the biological resources and ecosystem
services of the protected area shall also be submitted by the PASu to the Secretary every five (5)
years. Consequently, the PAMB shall likewise prepare a National State of Protected Areas
(NSPA) Report every five (5) years and shall submit the same to the President and the Congress
of the Philippines.

Section 20. Appropriations- The Secretary of the DENR shall immediately include in
the DENR’s program the implementation of this Act, the funding of which shall be included in


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the Annual General Appropriations Act with an initial fund of 75 million and ten percent (10%)
markup per succeeding year.

Section 21.  Separability Clause- If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or section of this Act.

Section 22. Repealing Clause-All other laws, decrees, orders, issuances, rules and
regulations which are inconsistent with the provisions of this Act are hereby repealed, amended
or modified accordingly.

Section 23. _ Effectivity Clause- This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation. It shall likewise be
posted in a conspicuous place at the Municipal Halls of Atok, Bauko, Bokod, Buguias, Itogon,
Kabayan, La Trinidad, Bauko, Tinoc, Tublay, and Kayapa in the barangays where it is covered
by the protected area and in other places frequented by the public.

Approved,