<SEATATIVES:

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

i eer
Seventeenth Congress Bic ‘
First Regular Session eM

House au no, 3939

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Republic of the Philippines |

EXPLANATORY NOTE

The Philippines has an average annual rainfall of about 2,400 mm which is enough to meet the
annual water demand for crop production. However, this amount of rainfall is not evenly distributed
throughout the year in most parts of the country. In some areas, there is “too much’ rainfall, resulting to
excessive surface run-off, severe erosion, siltation of rivers, and flooding during the rainy season. And in
other parts of the country, there may be “too little” to provide a sustained base flow to support crop
Production especially during the dry season, particularly in the upland areas.

The situation is further aggravated by the continuous degradation of our watersheds.
Watersheds have been subjected to various forms of degradation such as indiscriminate logging
and slash-and-burn practices (“kaingin”), with the resulting loss of forest cover from 17 million
hectares in 1934 to only about 5.33 million hectares in most recent estimates (LGSP, 2003). But if
Properly managed, watersheds can provide a continuing flow of water to a particular water body
(e.g. river, creeks and streams) and to man-made “water use outlets” such as dams, irrigation
systems, or water supply take-off points.

Moreover, about 45% of the arable lands in the Philippines have been moderately to
severely eroded, triggering the movement of subsistence farmers to marginal lands with the hope
of meeting their day-to-day food requirement. Approximately 5.2 M hectares are severely eroded
and 8.5 M hectares are moderately eroded resulting to 30-50% reduction in soil productivity and
water retention capacity. This situation will predispose the degraded lands to drought and other
water availability problems.

A related challenge is the country’s perennial problem of food insufficiency in light of our
Browing population. This calls for the development of new areas for food production.

The development and management of the country's water resources are critical
interventions because the availability of water (or lack of water) impacts on the country’s ability to
increase agricultural productivity, which is fundamental to food security. Protection and efficient
management of the watersheds ensure the continuous water base flow and contribute to
environmental sustainability. There is a need, therefore, to ensure water availability for sustainable



agricultural development while parallel interventions should be pursued to arrest rapid
environmental degradation.

This bill, thus, aims to promote soil and water conservation technologies and practices
through the National Soil and Water Conservation Program. The targeted sector of the program
Consists of local government units and marginalized farmers in the rain-fed uplands.

Under the water conservation efforts in the Program, environment-friendly rainwater
harvesting structures will be constructed in the middle to upper reaches of the uplands and
watersheds with predominantly rolling to hilly topography. The depressions and small inland valleys
in these areas can be harnessed for small water reservoir development which would then be
utilized by poor upland farming communities for agricultural production. The envisaged Program
will also include watershed protection, development and management as major components.

Likewise, sustainable upland development is also one of the priority thrusts of the
Bovernment under Executive Order 606 (Pursuing Sustainable Upland Development Anchoring on
Food, Wood and Non-Wood Security and Economic Productivity). Rainwater harvesting can
Contribute to the attainment of sustainable upland development through the involvement of local
communities who will manage and maintain both the rainwater harvesting systems and the local
watersheds, which are important in recharging ground and surface water that will feed into the
water impounding dams.

Concomitant to water conservation activities are soil conservation activities. There are
various soil conservation measures that could be implemented in the uplands to protect the
environment while attaining agricultural productivity. These will reduce the risks of natural
disasters and enhance the adoption mechanism of farmers and communities to climate change.
Moreover, it will also enhance food security, improve farm household income, protect resource
base and/or environment and prepare the community against the threats of upcoming natural
calamity.

In view of the foregoing, the passage of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

3539

HOUSE BILL No,“ *

Introduced by Representatives Sharon S. Garin

AN ACT
PROMOTING SOIL AND WATER CONSERVATION TECHNOLOGIES AND
APPROACHES FOR SUSTAINABLE LAND MANAGEMENT.

SECTION 1. Short Title. This Act shall be known as the “Soil and Water Conservation
Act”.

SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to promote
and support soil and water conservation technologies and approaches through the
development, promotion, and implementation of soil and water conservation measures and
practices including rainwater harvesting to enhance decision-making, planning, and potential
up-scaling of good practices. Towards this end, the State shall support Sustainable Land
Management (SLM) programs for the prevention of land degradation and protection of the
environment and natural resource base, and to protect the livelihood of farmers, particularly
of upland farmers and indigenous people.

SE

‘TION 3. Definition of Terms. As used in this Act:

a) Land Degradation refers to the reduction or loss of the biological or 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.

b) Organic Agriculture refers to a production system that sustains the health of soils,
ecosystems and people. It relies on ecological processes, biodiversity and cycles
adapted to local conditions, rather than the use of inputs with adverse effects. Organic
agriculture combines tradition, innovation, and science to benefit the shared
environment and to promote fair relationship and good quality of life for all involved.



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Rain-fed area refers to an area not served by any irrigation facility and mainly relies
on rainfall for crop and animal production.

Rainwater Harvesting System refers to a system that collects, accumulates, and stores
rainwater and surface runoff for purposes of supplemental irrigation, inland fish
production, and other agricultural purposes.

¢) Small-scale rainwater harvesting system refers to reservoir storage facilities with a
height of not more than five (5) meters and a surface area of not more two
thousand five hundred (2, 500) sqare meters.

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

Soil and Water Conservation Technologies refers to measures that control soil and
water degradation and enhance productivity in the field.

Soil and Water Conservation Approaches refer (o ways and means of support that
help to introduce, implement, adapt, and apply soil and water conservation
technologies in the field.

Soil and Water Conservation Guided Farm (SWCGF) refers to a farm established to
showcase appropriate soil and water conservation technologies for possible replication
and up-scaling. It is also an approach that facilitates the proper implementation of soil
and water conservation technologies through the provision of technical assistance
the field survey, soil and water conservation farm planning and implementation of the
plan.

Soil and Water Conservation Farm Plan refers to a plan that considers the right mix
of farm enterprises and appropriate soil and water conservation technologies, which is
formulated with reference to existing bio-physical and socio-economic conditions of
the farm and in consultation with farmer-cooperators.

Soil Conservation refers to the management of soil to prevent or reduce soil erosion
and depletion by wind and water.

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 one hundred to five
hundred (100-500) meters above sea level (mas!) with slope of less than eighteen
percent (18%).

Water Conservation refers to the protection, development, and efficient management
of water resources for beneficial purposes.

Watershed refers to a land area drained by a stream or fixed body of water and its
tributaries having common outlet for surface runoff. This include small watershed with
area of ten thousand (10,000) hectares and below; medium scale watershed with area
of more than ten thousand (10,000) hectares to fifty thousand (50,000) hectares; and
large scale watershed with an area of fifty thousand (50,000) hectares,

Watershed Management refers to the process of guiding and organizing land and other
resource uses in a watershed to provide desired goods and services without adversely
affecting soil, water and other natural resources.



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4) Watershed Protection refers to a management strategy to control soil erosion and
prevent illegal cutting of vegetations and other land degrading activities in the
watershed.

SECTION 4. The National Soil and Water Conservation Program. \n order to address the
problem of land degradation which affects the state and management of our natural resources,
a National Soil and Water Conservation Program, hereinafter referred to as the Program, is
hereby established. The Program shall foment synergies between agricultural productivity
improvement and sustainable land management through the promotion and implementation of
soil and water conservation technologies and approaches.

The Bureau of Soils and Water Management (BSWM), in consultation with
concerned agencies and other stakeholders, shall prepare the National Soil and Water
Conservation Program subject to the approval of the Secretary of the Department of
Agriculture (DA). Upon implementation of this Act, the BSWM shall submit Annual Report
and Progress Report as may be required, within five (5) years to the Secretary of the Department
of Agriculture for review and assessment.

SECTION 5. Goals and Objectives. The Program shall support the implementation of
Sustainable Land Management (SLM) projects for livelihood improvement and prevention of
land degradation in the uplands. As such, it shall pursue the following specific objectives:

) to establish one thousand (1,000) Soil and Water Conservation Guided Farms within
five (5) years from the effectivity of this Act to in order to showcase sustainable land
management best practices such as but not limited to sloping agricultural land
technology, organic-based agriculture, farm waste and residue management,
wastewater recycling and re-use, rainwater harvesting or combination of two or more
of these practices including approaches to implement these practices;

b) to establish ten thousand (10,000) units of small-scale rainwater harvesting systems
consisting of rainwater reservoir development, watershed management, and service
area development in strategic upland areas throughout the country, within five (5)
years from the effectivity of this Act; and

©) to capacitate and empower Local Government Units (LGUs) and farmers associations
in the implementation and operationalization and maintenance of soil and water
conservation model farms and rainwater harvesting systems.

SECTION 6. Implementing Agency. The Department of Agriculture (DA), through the
Bureau of Soils and Water Management (BSWM) and the DA-Regional Field Units (DA-
RFUs), shall provide the technical and administrative support in the implementation of the
Program and all other policies and objectives of this Act.

SECTION 7. Farmers Associations. Farmer-cooperators and program recipients shall be
organized into associations and/or cooperatives and shall be capacitated on soil and water
conservation, The BSWM and DA-RFUs, in coordination with concerned local government
units (LGUs), shall train them on soil and water conservation and shall assist them in
accessing available credit windows to sustain the operation and maintenance of the soil and
water conservation facilities to be established.


The BSWM and DA-RFUs, in coordination with concerned LGUs, shall assist and
facilitate the registration of such associations and/or cooperatives for purposes of
participation in the National Soil and Water Conservation Program: Provided, That the
farmers shall select the leaders of their respective aggrupations in accordance with the
constitution and by-laws that they shall formulate and firm up.

Section 8. Soil and Water Conservation Guided Farms. Soil and Water Conservation
Guided Farms (SWCGF) shall serve as model farms that will showcase soil and water
conservation approaches and technologies in the uplands. ‘These will provide a multiplier
effect by encouraging other farmers to engage in soil and water conservation. For this
purpose, SWCGF shall be established in clusters within high impact areas such as
watersheds,

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
results of which shall serve as inputs in the preparation of Soil and Water Conservation Farm
Plan: Provided, that the said plan 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 Soil and Water Conservation
Guided Farms shall be established in accordance with the of Soil and Water Conservation
Farm Plan, farmers’ capabilities and preferences, and available resources.

‘The concerned LGUs through the Office of the Municipal Agriculturist shall provide
agriculture support and services to the farmer-cooperators of Soil and Water Conservation
Guided Farms to ensure its sustainability and facilitate broader adoption by more farmers
within a locality.

SECTION 9. Small-scale Rainwater Harvesting Structures. Small-scale rainwater
harvesting structures shall be designed and established 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 concemed 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 shall be implemented in accordance with the approved engineering plans and
design, and field distribution which shall be prepared by concerned LGUs with technical
assistance from BSWM and DA-RFUs.

The BSWM shall turn over the small-scale rainwater harvesting structures to the
concerned LGUs wherein said structures are located. Subject to the requirements to be set by
BSWM, the LGU shall accordingly entrust and delegate the operation and maintenance of
structures to duly organized farmers associations as recipients.

Farmers shall be required to formulate or prepare the appropriate cropping pattern and
calendar that will optimize the use of stored rainwater with the technical assistance from the
LGUs through the Office of the Municipal Agriculturist.

SECTION 10. Research, Development and Extension Services. Reseatch and development
and extension on soil and water conservation shall be an important component of the program
to provide a dynamic technology development, information dissemination and extension

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support in the implementation of the program. Research and development shall cover but
shall not be limited to the following areas: rainwater harvesting design methods, runoff
management technologies, soil moisture conservation impacts, and groundwater recharge
enhancement.

The BSWM, the Bureau of Agricultural Research (BAR) and the Agricultural
Training Institute (ATI) of the DA, the Ecosystem Research and Development Bureau
(ERDB) of the Department of Environment and Natural Resources (DENR), and concerned
State Universities and Colleges (SUCs), through proper and appropriate institutional
arrangements, shall provide technical support and assistance in the conduct of research and
development and in the provision of extension services on soil and water conservation to
LGUs and farmers associations and cooperatives.

The BSWM and ATI shall also assist the LGUs in the conduct of trainings for
beneficiaries and/or cooperators of Soil and Water Guided Farms and small-scale rainwater
harvesting systems prior to operation and/or tumn-over of said facilities.

SECTION 11. Implementing Rules and Regulations, The Department of Agriculture and
the Bureau of Soils and Water Management, in consultation with other concerned agencies
and stakeholders, shall promulgate the necessary rules and regulations to implement this Act.

SECTION 12. Appropriations. - The amount necessary for the initial implementation of
this Act shall be charged to the budget of the Department of Agriculture 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.

SECTION 13. Separability Clause. - If any of the provisions of this Act is declared invalid,
the other provisions which are not affected thereby shall remain to be in full force and effect.

SECTION 14. Repeating Clause. - All laws or parts thereof, decrees, orders, rules and
regulations inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,