HOUSE OF REPRESENTATIVES

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVE! art, 03 AUG 2016
Quezon City (tr

SEVENTEENTH CONGRESS
First Regular Session

House Bill No._2455

Introduced by REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

Irrigation development in the Philippines is estimated to be at a low
47-50%. It is beset by high cost of construction, operation and maintenance;
low cost recovery; inappropriate design of irrigation projects; and lack of
inter-agency cooperation.

Based on a 2009 report of the National Irrigation Administration
(NIA), a total of 3.1 million hectares of agricultural lands in the country
remain irrigable. A significant figure that if reached by irrigation could
greatly boost agricultural productivity and enhance the country’s food
security. Nationwide, the average rice production in irrigated areas is about
80% higher than rain-fed areas.

In recent years, there has been increasing emphasis on the
development of communal irrigation systems and on rehabilitation of
existing irrigation systems. Irrigation development requires considerable
investment. Generally, smaller communal systems are cheaper to construct
than larger, national irrigation systems. Be that as it may, there is a need to
accelerate the development of irrigation systems in areas where they are
most needed.

This bill seeks to mandate the National Irrigation Administration
(NIA) to undertake a six-year accelerated irrigation program for the
construction of irrigation projects in the remaining unproductive, un-
irrigated but potentially irrigable lands nationwide. Pursuant to this mandate,
the agency shall conduct parallel assessments of existing irrigation systems,
and the identification of potential irrigation projects.

To achieve these objectives, a Special Irrigation Fund shall be
established by the Department of Budget and Management (DBM) in the
annual General Appropriations Act to meet intensive irrigation program
costs and for the continuous implementation of this proposed measure until
its 6" year completion date.


Ultimately, the aim of this measure to accelerate irrigation
development in the country is aimed at attaining self- sufficiency in food and
a sustained productivity as key strategies to raise the quality of rural life and
pursue national development.

For the foregoing reasons, the immediate consideration and approval
of this bill, filed as House Bill No. 5368 in the Sixteenth Congress by the

undersigned, is earnestly urged. mo

ARTHUR C. YAP
Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2455

Introduced by REPRESENTATIVE ARTHUR C. YAP

AN ACT
TO PROMOTE RURAL DEVELOPMENT BY
PROVIDING FOR A_ SIX-YEAR ACCELERATED
IRRIGATION PROGRAM FOR THE CONSTRUCTION
AND REHABILITATION OF IRRIGATION PROJECTS,
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 "Accelerated
Irrigation Act of 2016."

SECTION 2. Declaration of Policy. - It is hereby declared the
national policy to promote comprehensive rural development through
increased agricultural production and the adoption of necessary and sound
measures to accelerate the attainment of self- sufficiency in food, equitable
access to opportunities and sustained productivity as key strategies to raise
the quality of rural life and national development.

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

infrastructure and comprehensive support services such as but not limited to


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post-harvest services and equipment, credit facilities, farm to market roads,
marketing and distribution assistance and facilities and structures, as well as
farmer entrepreneurship, institutional and capacity building trainings.

SECTION 3. Objectives and Mandate. - The National Irrigation
Administration (NIA) shall undertake a six-year accelerated irrigation
program for the construction of irrigation projects in the remaining
unproductive, un-irrigated but potentially irrigable lands nationwide
pursuant to the actual size and extent to be determined and established in a
full inventory of existing or remaining potential areas for irrigation, in
parallel assessment of existing irrigation systems, and the identification
including listing of potential irrigation projects to be submitted by the NIA
within three (3) months but not beyond six (6) months after the effectivity
of this Act.

The NIA shall conduct multi-stakeholders consultations with local
planning and development councils, irrigators' associations, agrarian reform
beneficiaries, indigenous or affected minorities, and relevant government
agencies in the identification of priority areas, and shall thereafter prepare a
comprehensive 5-year work program with annual targets for the irrigation
development of new irrigable areas needed or with high potential in order to
attain immediate self-sufficiency in rice and other agricultural crops.

The NIA shall guarantee that all irrigation programs and projects to be
undertaken herein shall be completed and made fully operational or
implementable within the duration of the six (6) - year special irrigation
program, with provision for sustainability of operation and maintenance of

said systems after the program completion, including institutionalization of


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a comprehensive package of infrastructure and social support services to be
integrated into the regular annual programs and budgets of the NIA and
other implementing agencies and instrumentalities, as well as the local
government units (LGUs), to ensure a sustained increased productivity as
strategy to attain genuine rural development.

SECTION 4. Accelerated Irrigation Development. - The NIA shall
observe the following priorities and guidelines in the identification,
planning, construction, and management of irrigation projects in
collaboration with concerned government agencies, local government units,
irrigators' association and other stakeholders, Provided, that:

a) Priority shall be given to the following:

1) Provinces with low irrigation development and/or low productivity
yield;

2) Beneficiaries in fourth, fifth and sixth class municipalities and
provinces, Provided, that, to the extent feasible and practicable,
priority in the allocation of the special accelerated irrigation
projects be given to the updated list of identified priority areas or
low-income municipalities;

3) Islands and upland areas that are potentially and practically
irrigable; Provided, that these are feasible for construction of
irrigation facilities;

4) Beneficiaries of the Agrarian Reform Program (ARPs), pursuant to
the intent of the Comprehensive Agrarian Reform Program

(CARP) law, as amended and applicable provisions of Agriculture


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and Fisheries Modernization Act (AFMA), as amended, and such
other pertinent laws and issuances;

5) Farmer Irrigators Associations or Farmer Cooperatives; and,

6) Members of the indigenous cultural communities.

b) An inventory of the existing irrigation systems and their efficiency
status update, impact analysis, and the actual total potential areas for
irrigation shall be conducted by NIA with assistance from concerned
stakeholders and technical experts, including LGUs and financing
institutions, to be completed not beyond six (6) months from the
effectivity of this proposed Act.

c) Development and/or construction of irrigation facilities on new areas
shall be judiciously programmed over a six-year priority completion
target, which therefore necessitates drawing up a work program by
the NIA that is deemed realistic, achievable and annually target-
specific to agricultural yield in the identified priority irrigable areas.

d) Priority irrigation projects shall be small and medium in which

construction works should immediately commence after the

technical assessment and fea

ibility requirements on said projects
have been completed and approved not later than six (6) months
after the effectivity of this Act, without prejudice however to the
recommendation of the construction of large-scale irrigation
projects: Provided, that, to the extent feasible and practicable,
priority shall be given to the construction of communal irrigation
projects; and Provided further, that such necessary national irrigation

structures shall be completed and made fully operational within three


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(3) years upon commencement of the proposed Accelerated
Irrigation Program; and Provided finally, that, fast-track priority
projects covered in this Special Irrigation Act shall include the
development of such small irrigation types as. communal, reservoir,
small dams, diversion, or pumps systems (ground water or surface
water).

The type of project and development scheme shall be
determined based on technical feasibility studies to be conducted by
the NIA.

e

The provincial offices of the NIA shall be responsible in the
preparation of feasibility studies and design of communal irrigation
projects at cost to NIA.

f) At least 50% of the funds allocated under this Act shall be used for
the construction of small irrigation projects in partnership with the
LGUs; Provided, that at least 20% shall be earmarked for
rehabilitation and emergency repair works of existing irrigation
systems, including small irrigation projects identified as necessary
and cost effective to realize increased productivity under this Act;
Provided, further that, the regular Operation and Maintenance of
these systems including their budgetary requirements after the 6-year
“Accelerated Irrigation project shall be funded under this Special
Program unless certified feasible and necessary by the NIA.

2) The management of small-scale irrigation projects shall be

turned over to the farmer beneficiaries thru their Irrigators'

Associations or Farmers Cooperatives upon project completion and


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after undertaking institutional development training; Provided, that
amortization of the direct cost of these small scale irrigation projects
by the Irrigators' Associations (IAs) shall follow the existing NIA
policies on cost recovery mechanisms for communal irrigation
systems.

h) Medium and large-scale irrigation projects shall be jointly managed
by the NIA, the strengthened Irrigators Associations, and the LGUs,
to the extent practicable, upon project completion under the
Irrigation Management Transfer Program.

i) To realize the full benefits of sustained increased productivity from
these irrigation projects, other agricultural support services shall be
provided and institutionalized within the third year of operation
under this Act. NIA shall assist the 1As and facilitate coordination
with the Department of Agriculture (DA) and such other agencies
and the LGUs in the provision of other agricultural support inputs
and infrastructures such as, but not limited to, access to agricultural
credit, high-quality seeds, technical assistance on pest management
and fertilizer use, post-harvest facilities, and marketing. Funds for
these shall be included in the estimates of project costs.

SECTION 5. Irrigators Associations - The NIA shall continue to
organize, develop and_ strengthen farmer-beneficiaries under this Act into
self-sustaining Irrigators' Associations or farmer cooperatives.

SECTION 6. Irrigation of Other Crops - Irrigation projects under
this Act are not limited to rice/palay production in order to maximize use of

irrigated lands.


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SECTION 7. Special Accelerated Irrigation Fund. - Such sums
as may be necessary for the initial implementation of this Act shall be
sourced from any available appropriations intended for irrigation allocation
under the amended AFMA, CARP, Agricultural Competitiveness
Enhancement Fund (ACEF) and realigned appropriations in the current year
of the date of effectivity of this Act. Thereafter, a Special Irrigation Fund
shall be established by the Department of Budget and Management (DBM)
in the Annual General Appropriations Act for the continuous
implementation of this Act until its 6th year completion date, with provision
for accelerated release in the first three (3) years to meet intensive irrigation
program costs.

SECTION 8. Authority to Compromise. - To encourage farmers
to pay their dues and to facilitate the clearing of NIA's back account
collectibles, the NIA Administrator shall have the authority to enter into
compromise or release for the penalty charges and part of unpaid principal
accounts of Irrigation Services Fee (ISF) and Communal Irrigation Systems
(CIS) amortizations in the amount not exceeding One hundred thousand
pesos (Php 100,000.00) per farmer under the Compromise Agreement
Program on ISF Back Account, and/or such rules and regulations that the
NIA Board of Directors shall adopt during the program years.

SECTION 9. Contracts - NIA shall comply with the bidding
regulations under Republic Act No. 9184, as amended, which allows
community participation for small scale projects to promote IA capability
building. However, pursuant to the declared policy and in the interest of the

public, and to facilitate procurement of smaller contracts, NIA may enter


into contracts using the Simplified Bidding procedures, as provided under
AFMA, for the 6-year period of implementation of this Act.

SECTION 10. List of Priority Projects. - The NIA shall annex a
list of priority projects proposed to be funded under this Act; Provided, that
upon completion of the inventory of existing irrigation systems and the
identification/listing of potential irrigation projects, the revised list of
projects to be funded shall be finalized and approved.

SECTION 11. Exemption from Election Ban. - The
implementation of the accelerated irrigation development program which
involves the emergency construction, rehabilitation, repair and installation of
irrigation facilities, including infrastructure complementary support
services, shall be exempt from the scope of the election ban on public
works.

SECTION 12. Complementary Irrigation Component Projects. -
Whenever practicable, projects qualified under this Act shall include other
irrigation-related components such as, but not limited to, the following
complementary development purposes:

a) watershed management and reforestation;

b) climate change vulnerability/flood prevention/erosion control;
c) fish culture;

d) power generation; and

e) tourism development.

SECTION 13. Oversight Committee - A joint Oversight
Committee composed of five (5) members each in the House of

Representatives and Senate, respectively, preferably coming from the


Committees on Rural Development and Agriculture shall be created to
monitor the strict implementation of this Act and the exercise of the
authority granted hereunder.

SECTION 14. Implementing Rules and Regulations (IRR) -
Within 60 days upon effectivity of this Act, the NIA, through the Secretary
of the Department of Agriculture, shall initiate the convening of a Technical
Working Group to promulgate the IRR of this Act with — relevant
stakeholders.

SECTION 15. Separability Clause. - If any of the provisions of this
Act is declared invalid or unconstitutional, the remaining parts or provisions
hereof not affected thereby shall remain in full force and effect.

SECTION 16. Repealing Clause. - All laws, decrees, executive
orders, proclamations, rules and regulations, and issuances, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly

SECTION 17. Effectivity Clause. - This Act shall take effect
fifteen (15) days after its publication in at least two (2) national newspapers
of general circulation.

APPROVED.