Section 20Sec./Art. 20

Insert twelve (12) new sections after Section 21 of Republic Act No. 7586 to read as follows:

"Sec. 22. Existing Rights. - All property and private rights within the protected area and its buffer zones already existing and/or vested upon the effectivity of this Act shall be protected and respected in accordance with existing laws: Provided, That the exercise of such property and private rights shall be harmonized, as far as practicable, with the provisions of this Act. Notwithstanding this Act, all existing rights, contracts, or agreements entered into by government for utilization of natural resources within protected areas shall continue to be recognized and governed by Philippine laws.

"The renewal of permits, contracts, and agreements shall be subject to the provisions of this Act. If the permits, contracts, agreements are not renewed, such areas shall be rehabilitated or restored by the permit holders within the period provided by the pertinent laws and shall revert to the national parks classification. As such, all holders of permits, contracts, and agreements are required to prepare and submit a rehabilitation plan to the PAMB: Provided, That upon renewal, a sufficient bond shall be remitted by the proponent to the DENR to be released to the depository bank in the event of damage by a closure of the establishment after satisfactory rehabilitation according to the zones and objectives of the management plan as attested to by the PAMB.

"The occupation of the LGUs and communities within the protected area shall be respected. Within ninety (90) days after the creation of the PAMB, the Board shall assess the physical occupation of said LGUs and communities within protected areas and recommend to proper authorities measures to ensure the protection of their well-being. Municipalities and cities with existing townships and town centers within the protected area shall continue to occupy such townships and town centers: Provided, That in the development of their CLUPs and barangay development plans, due consideration shall be given to the intended for conservation and biodiversity as well as the obejctives for protected areas to keep human habitation and environmental conservation in harmony."

"Sec. 23. Tenure Migrants and Other Protected Area Occupants. - Tenure migrants shall be eligibile to become stewards portions of lands within multiple-use zones, The PAMB shall identify, verify and review all tenurial instruments, land claims, issuances of permits for resource use within the protected area and recommend the issuance of the appropriate tenure instrument consistent with the zoning provided in the management plan and the provisions of this Act.

"Should areas occupied by tenured migrants be designated as zones in which no occupation or other activities are allowed pursuant to the attainment of sustainable development, the provision for the transfer of the tenure migrants to multiple-use zones or buffer zones shall be accomplished through just and humane means: Provided, That protected area occupants who are not qualified as tenured migrants shall be resettled outside the protected area.

"The rights of the tenured migrants may be transferred only to the spouse or one of their direct descendants listed at the time of the survey."In the event of termination of a tenurial instrument for cause or by voluntary surrender of rights, the PASU shall take immediate steps to rehabilitate the are.

"Following the protected area occupants survey required under Section 5(c)(1) hereof, the DENR Regional Director shall submit to the BMB within two (2) years from the passage of this Act, the final list of tenured migrants, which shall be the basis for tenured migrants recognition and issuance of tenurial instruments. Within the two (2)-year period, the DENR Regional Director shall submit accomplishment report every 6 (6) months.

"The DENR through the BMB shall issue guidelines for the determination of the reckoning period for the recognition of the tenured migrants."

"Sec 24. Existing Facilities Within the Protected Area. Within sixty (60) days from the effectivity of this Act, an inventory of all existing facilities such as roads, buildings and structures, water systems, transmission lines, communication facilities, heavy equipment, and irrigation facilities, among others, within the protected area shall be conducted.

"The DENR Regional Director shall submit the inventory of the facilities with corresponding descriptions and an assessment report containing the appropriate recommendations to the DENR Secretary through the BMB.

"The PAMB, with the assistance of the DENR, may impose conditions for the continuous operation of a facility found to be detrimental to the protected area until its eventual relocation. If the conditions are violated, the owner of the facility shall bemade liable pursuant to Section 21 (d) hereof.

"Existing facilities allowed to remain within the protected area shall be charged a reasonable fee by the PAMB based on existing guidelines. Structures found within the forty (40)-meter easement shall be demolished unless proven necessary to protect the shoreline and mitigate habitat destruction. The PAMB shall levy a reasonable fee for the use of such easement for their continued operations. Wharves shall be kept accessible to the public.

"Sec. 24. Special Uses Within Protected Areas. - Consistent with Section 2 hereof, special uses may be allowed within protected area except in strict protection zones and strict nature reserves. The PAMB mat recommend the issuance of tenurial instrument subject to compliance to ECC and payment of corresponding user fee equivalent to five percent (5%) of the zonal value of commercial land within the nearest barangay or municipality where the project is located multiplied by the area of development plus one percent (1%) value of improvement as premium: Provided, That the activity shall not be detrimental to ecosystem functions and biodiveristy, and cultural practices and traditions.

"A sufficient bond shall be remitted by the proponent to the DENR to be released to the depository bank in the event of damage by or closure of the establishment after the satisfactory rehabilitation according to the zones and objectives of the management plan as attested by the PAMB."

"Section 26. Local Government Units. (LGUs). - The LGUs within the protected area shall participate in its management through representation in the PAMB as provided for in this ACT. Said LGUs may appropriate portions of their share from the annual internal revenue allotment and other income for use of the protected area: Provided, That all funds directly coming from the LGUs shall be exempted form twenty-five percent (25%) remittance requirement for the IPAF under Section 16 hereof.

The LGUs shall continue to impose and collect other fees not enumerated under Section 16 hereof which they have traditionally collected, such as business permits and rentals of LGU facilities: Provided, That the LGUs shall not impose property tax on properties owned by the government nor issue any tax declarations for areas covered by the protected area. Furthermore, LGUs may charge add-ons to fees imposed by the PAMB: Provided, That such add-ons shall be based on the contribution of the LGUs in the maintenance and protection of the protected area.

"LGUs with territory inside protected areas shall align their CLUPs, local development plans, disaster risk reduction management plans and other required plans according to the objectives specified herein and in the protected area management plans. Within six (6) months from the approval of the protected area management plan, the PAMB and the PASU shall collaborate with the LGU concerned in the formulation of the CLUP and other local plans and in the enforcement thereof. The concerned LGU official shall be held administratively and criminally liable for failure to enforce and/or implement the provisions of this Act."

"Section 27. Reporting Responsibility. - The PASU, through the PAMB, shall submit an annual accomplishment report of the protected area to the Secretary of DENR through the BMB. 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, through channels, to the Secretary of the DENR every five (5) years. Consequently, the BMB shall likewise prepare a National State of Protected Areas (NSPAs) report every five (5) years and shall submit the same to the President, the senate and the House of Representatives."

"Section 28. 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 the annual General Appropriations Act."

"Section 29. Construction and Interpretation. The provisions of this Act shall be construed liberally in favor of the protection and rehabilitation of the protected area and the conservation and restoration biological diversity taking into account the needs and interests of qualified tenured migrants, vested rights, IPs and local communities, and the benefits from ecosystem services and functions of protected areas, for present and future generations: Provided, That nothing in this Act shall be construed as a diminution of local autonomy or in derogation of ancestral domain rights under the Indigenous Peoples' Rights Act of 1997."

"Section 30. Subsequent Site-Specific Legislation. - Upon the generation of site-specific requirements for new legislation, the PAMB, through the DENR, shall endorse to Congress for its consideration and enactment site-specific proposals to appropriately respond to the distinct and particular needs and conservation requirements of the protected areas in each locality. Protected areas that may be later established or declared pursuant to this Act shall likewise undergo the same requirements of site-specific legislation."

"Section 31. Joint Congressional Oversight Committee. - To monitor and oversee the implementation of this Act, a Joint Congressional Oversight Committee is hereby created. It shall be composed of the Chairpersons of the Senate Committee on Environment and Natural Resources and the House Committee on Natural Resources as Chairperson and Co-chairperson, respectively, five (5) members each from the Senate and the House of Representatives as memberss: Provided, That two (2) of the five (5) members are nominated by the respective minority leaders of the Senate and the House of Representatives."

"Section 32. Implementing Rules and Regulations (IRR). Within six (6) months from the effectivity of this Act, the DENR shall prepare the IRR of this Act."

"Section 33. Transitory Provision. - In order to enhance biological diversity and to develop sustainable livelihood opportunities for tenure migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, clearances, compliance documents or other instruments that allow utilization of resources within the protected area until the management plan shall have been put into effect.

"All existing land use and resource use permits issued for purposes which are authorized within the protected area shall be reviewed and shall not be renewed upon their expiration unless consistent with the management plan and approved by the PAMB."