Republic Act No. 9125

This Act shall be known as the "Northern Sierra Madre Natural Park (NSMNP) Act of 2001."

Considering the unique biological and ecological importance of the Northern Sierra Madre as the widest remaining tropical rainforest in the Island of Luzon; owing to its rich and diverse ecosystems spanning from coral reefs and seagrass beds to mangroves and beach forests, ultramafic forests, forests over limestone, lowland dipterocarps to montane forests; recognizing its status as home to a variety of endemic species of plants and animals such as the rare Philippine Eagle, cloud rat and jade vine, and threatened and endangered species like the pawikan and estuarine crocodile; and because of its aesthetic, historical, cultural and economic importance to the country, it is hereby declared the policy of the State to secure the protection, preservation and rehabilitation of the Northern Sierra Madre Mountain Range within the Province of Isabela, its communities, their culture and their way of life insofar as they are in harmony with nature and do not alter the ecological systems and the magnitude of biological diversity of the area. In so doing, the State shall ensure the protection and conservation of biodiversity of the NSMNP through sustainable and participatory development, to advance and protect the interests of its legitimate inhabitants and honor customary laws in accordance with Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992 and Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997, as well as international conventions to which the Philippines is a signatory.

Pursuant to and in accordance with the NIPAS Act, the Northern Sierra Madre Mountain Range within the Province of Isabela is hereby declared and established as a protected area and part of the National Integrated Protected Areas System under the category of a natural park as defined herein. It shall be referred to as the Northern Sierra Madre Natural Park (NSMNP) and its boundaries shall be as follows:

Beginning at a point marked 1 on the map which is a point located at the boundary of the provinces of Isabela and Cagayan,

containing an approximate land area of two hundred eighty-seven thousand and eight hundred sixty-one hectares (287,861 has.) and coastline water area of seventy-one thousand and six hundred twenty-five hectares (71,625 has.).

All existing land-use and resource-use permits within the NSMNP and its buffer zones, as provided herein, shall be reviewed and shall not be renewed upon their expiration unless consistent with the management plan as provided herein and upon approval by the PAMB. Extractive resource-use within the NSMNP shall not be deemed to include sustainable extraction by indigenous cultural communities or indigenous peoples and tenured migrants.

Buffer zones of not more than one (1) kilometer wide from the boundaries of the NSMNP, except those bordering the Province of Cagayan, are hereby established. The municipal water boundary stretch along the boundary of the protected area is likewise hereby established as a buffer zone.

The buffer zones are established for the purpose of providing an extra layer of protection around the protected area in which restrictions can apply but where sustainable resource management strategies involving local communities and the private sector can assist in repelling threats to the protected area. Such buffer zones shall be managed according to the management plan as herein provided.

The management and administration of the NSMNP and its buffer zones shall be vested with the PAMB, as herein provided. The management of zones to be established within the NSMNP shall be consultative and participatory.

Within one (1) year from the effectivity of this Act and in accordance with the general management planning strategy as provided for in the NIPAS Act, there shall be a management plan to be prepared by the office of the PASu in coordination with the local communities, ICCs/IPs and experts with socioeconomic, anthropological and ecological experience in the area. It shall contain, among others:

Before the expiration of the initial management plan, there shall be a successor plan to be prepared by the office of the PASu in the same manner as the procedure and principles herein set forth and in accordance with the general management planning strategy as provided in the NIPAS Act. A year before the expiration of the management plan, the PASu shall cause the publication of notices for comments and suggestions on the successor 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 conspicuous areas frequented by the public. The successor plan to the management plan shall be made available for public perusal at the office and sub-offices of the PASu and the DENR provincial office.

Local government units shall participate in the management of the NSMNP and its buffer zones through their representation in the PAMB. To ensure that the future development of the Province of Isabela and Region II takes place in accordance with this Act, the provisions herein shall be incorporated into the barangay, municipal and provincial development plans of Isabela and the regional development plan of Region II as part of the environmental concerns of the province and the region. Local government units shall likewise ensure that their ordinances pertaining to the environment are consistent with this Act and the management plan, as herein provided.

Zones shall be established within the NSMNP and its buffer zones giving primary consideration to the preservation and conservation of all life forms while according respect to the traditional areas used and recognized by ICCs/IPs. Zoning shall also take into account the tenurial and livelihood concerns of other communities and must ensure the efficient protection of habitats, fragile ecosystems and unique areas.

All primary (old growth) forests within the NSMNP, including portions which have been previously declared as alienable and disposable, shall be classified as strict protection zones and shall be free from all forms of logging or exploitation, whether commercial or otherwise. However, portions of primary forests may be classified as sustainable use zones. Strict protection zones shall also be established where necessary for the preservation of biodiversity including, but not limited to, the survival of rare and endangered species.

The establishment and management of zones must involve the community concerned by undertaking such steps as dialogue, community-based management approach, and land and resource-use mapping.

Multiple-use zones shall be validated on the ground, demarcated on maps, and monumented in the field with the assistance of communities and agencies concerned.

There is hereby created a Protected Area Management Board (PAMB) which shall be the sole policy-making and permit-granting body of the NSMNP and its buffer zones.

In addition to the powers enumerated in the NIPAS Act, the PAMB shall decide by a majority vote and shall have the following powers and functions:

In case of conflict between administrative orders issued by the DENR pursuant to the NIPAS Act and the resolutions issued by the PAMB, the DENR Secretary shall decide whether to apply the rule or withdraw its application within the NSMNP.

The PAMB shall be composed of:

There shall be an executive committee (Execom) within the PAMB to whom the PAMB may delegate some of its powers and functions. It shall be composed of:

The PAMB en bancshall hold regular meetings at least twice a year. However, the Execom may meet on a more regular basis to discuss regular day-to-day affairs and other matters delegated by the PAMB.

Except for government officials who shall serve ex officio,each PAMB member shall serve for a term of five (5) years: Provided,That he/she remains connected with the sector he/she is supposed to represent. Whenever a vacancy occurs during the term of a member who does not represent the government, a new member shall be chosen in the same manner as the original selection process: Provided,That he/she shall only serve for the remaining term.

A PAMB member may be removed, for cause and upon majority vote, on the following grounds:

There shall be an office of the Protected Area Superintendent (PASu) within the DENR to be headed by the PASu who shall serve as the chief operating DENR officer of the entire NSMNP and its buffer zones. The PASu and his/her staff shall reside within the protected area and establish an office, or if necessary, sub-offices within the NSMNP and its buffer zones in order to implement this Act.

The PASu shall have full responsibility for the protection of land, water, wildlife and other resources within the NSMNP. As such, he shall have the following duties and responsibilities in addition to those provided under existing laws and regulations:

The rights of ICCs/IPs in the NSMNP to their lands and domains shall be fully recognized. Traditional property regimes exercised by ICCs/ IPs in accordance with their customary laws shall govern the relationship of all individuals within their communities with respect to all land and other resources found within the ancestral lands and domains traditionally used by them.

The provisions of this Act shall be construed liberally in favor of the ICCs/IPs in accordance with the preservation and conservation objectives of the NSMNP and its resources. Nothing herein shall be construed to impair or diminish prior and existing rights currently enjoyed by the IPs/ICCs as provided by existing laws.

Whenever practicable, tenured migrant communities of more than five (5) households occupying contiguous lots shall be provided tenurial rights over their current habitation sites. However, if despite the foregoing, these areas are subsequently identified as crucial for conservation, tenured migrants shall, after due consultation, be offered alternative sites within the appropriate zones or buffer zones with preference over non-tenured migrants: Provided,That provisions for their transfer shall be undertaken using humanitarian considerations including payment of compensation, providing tenure to alternative land and facilities of equivalent standard, and other measures to reach agreement with the affected tenured migrants.

In all other cases, the grant of tenurial rights must take into account the need to promote clustering and to avoid unnecessary displacement. In areas where tenurial instruments are granted, appropriate use zones shall be established for the purpose of maintaining non-commercial livelihood activities.

Lands used as homelots or farmlots shall preferably be held by individual household. Lands currently used on a communal basis shall not be held individually.

Tenurial instruments shall not be issued solely on the basis of tax declaration receipts but must be supported by indisputable evidence of permanent land-use from five (5) years before 10 March 1997, such as:

All persons who fail to qualify as tenured migrants including transient farmers shall be allowed to gather and collect whatever they have planted within five (5) years from the effectivity of this Act. Any transfer of non-tenured migrants from the NSMNP shall be undertaken using humanitarian considerations.

Any purchase, sale, encumbrance, mortgage, usufruct, or any form of disposition, alienation or transfer of rights involving lands within the NSMNP shall be restricted solely among tenured migrants and ICCs/IPs; otherwise, it shall be void.

Lease of lands within the NSMNP to persons not otherwise qualified to hold lands may only take place in multiple-use zones, recreation and special use zones: Provided,That the use thereof is consistent with Section 2 of this Act and in accordance with the management plan.

Except for protected species or whenever detrimental to the ecosystem, the use of resources derived from the NSMNP by tenured migrants and ICCs/IPs for their domestic needs or for their subsistence shall not be restricted: Provided, however,That livelihood activities requiring the use of these resources shall be allowed only when sustainable, consistent with the management plan, and after prior PAMB approval. Only non-timber forest products can be used for livelihood purposes.

The PAMB is authorized to impose regulatory measures such as hunting moratoriums, closed hunting seasons and other restrictions on the use of resources within the NSMNP and its buffer zones to ensure the sustainability of species and ecosystems: Provided,That these will not pose a threat to the food security of the ICCs/IPs or other tenured migrants directly dependent therein for their subsistence: Provided, further,That these restrictions shall be made upon due consultation with the ICCs/IPs and tenured migrants.

Any exploration, exploitation or utilization of non-renewable resources within the NSMNP for commercial purposes or by non-tenured migrants or non-ICCs/IPs shall not be allowed.

Energy projects within the NSMNP shall be allowed only through an act of Congress except energy from wind, sun, waves and water sources: Provided,That in all instances, the primary beneficiaries shall be residents of the NSMNP and its buffer zones: Provided, further,That it shall undergo the Environmental Impact Assessment (EIA) system as provided by law and: Provided, finally,That the PAMB has endorsed the project.

Commercial exploitation of water resources within the NSMNP shall require prior PAMB approval, must be in accordance with the management plan, and should undergo the EIA system.

Within ninety (90) days from the effectivity of this Act, all existing commercial facilities within the NSMNP or its buffer zones with a total capitalization in excess of Fifty thousand pesos (P50,000) shall submit to the PAMB through the PASu the following information:

Failure to submit the required information shall constitute a violation of this Act. The PAMB may prescribe further conditions for the operation of the facility to ensure that it does not contradict the management objectives of the NSMNP. If any of such conditions are violated, a fine of Five thousand pesos (P5,000) for every day of violation shall be imposed upon the owners of said facility but not to exceed a total of Four hundred fifty thousand pesos (P450,000). At anytime whenever necessary, the PAMB through the PASu or other government entities shall cause the cessation and demolition of the facility at the cost of its owners.

Existing facilities allowed to remain within the NSMNP or its buffer zones shall be charged a fee by the PAMB, which shall not be more than two percent (2%) of the annual gross income of the facility.

The following acts shall be prohibited within the NSMNP and its buffer zones, in addition to the prohibited acts as provided in the NIPAS Act and its pertinent rules and regulations:

Members of ICCs/IPs who commit any of the abovementioned acts in the exercise of their customary laws, traditional rights, and traditional cultural spiritual practices without having been adequately informed of restricting rules and regulations for the NSMNP by the PAMB shall be exempt.

Except for protected species, the certified customs and traditional practices of ICCs/IPs when sustainable and carried out with traditional tools and equipment are also allowable activities over which the above prohibitions shall not apply.

All activities contained in the management plan and such other measures as are necessary for protection, preservation and protected area management as certified by the PAMB and the DENR Secretary and those undertaken by the PASu or those deputized by the PAMB shall likewise be exempt.

Within thirty (30) days from the effectivity of this Act, the Department of Justice (DOJ) shall designate a special prosecutor to whom all cases of violation of protected area laws, rules and regulations within the NSMNP and its buffer zones shall be assigned. The special prosecutor shall coordinate with the PAMB and the PASu in the performance of his/her duties and assist in the training of wardens and rangers in arrest and criminal procedure.

The PAMB may appoint a private prosecutor on a case-to-case basis to assist the public prosecutor in the enforcement of protected area laws.

There is hereby established a trust fund to be known as the Integrated Protected Areas Fund (IPAF) for purposes of financing projects of the system. All incomes generated from the operation of the system or management of wild flora and fauna in the NSMNP shall accrue to the fund. These income shall be derived from fees from permitted sale and export of flora and fauna and other resources from the protected area and its buffer zones other than protected species as may be set by the DENR and the PAMB, proceeds from lease of multiple-use areas, contributions from industries and facilities directly benefiting from the protected area and such other fees and incomes derived from the operation of the protected area.

The fund may be augmented by grants, donations, endowment from various sources, domestic or foreign for purposes related to their functions: Provided,That the fund shall be deposited as a special account in the national treasury and disbursements therefrom shall be made solely for the protection, maintenance, administration and management of the system, and duly approved projects endorsed by the PAMB in accordance with existing accounting and budgeting rules and regulations: Provided, further,That no amount shall be disbursed for the operating expenses of the Department and other concerned agencies.

The Secretary of the DENR shall include in its program the implementation of this Act, the funding of which shall be charged against the IPAF constituted under this Act and from appropriations authorized in the annual General Appropriations Act.

The provisions of this Act shall be construed liberally in favor of tenured migrants and ICCs/IPs and in consideration of the protection and conservation of biodiversity. The NIPAS Act shall have suppletory effect in the implementation of this Act.

In order to ensure the sustainability and recovery of biodiversity and to develop sustainable livelihood opportunities for tenured migrants, the DENR shall henceforth cease to issue concessions, licenses, permits, clearances, compliance documents or any other instrument that allows exploitation of resources within the NSMNP until the management plan shall have been put into effect.

Pending the organization of a new PAMB in accordance with this Act, the incumbent PAMB members shall continue to hold office until a new PAMB has been convened.

If, for any reason, any part or section of this Act is declared unconstitutional or invalid, such other parts not affected thereby shall remain in full force and effect.

All laws, decrees, proclamations, rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

This Act shall be translated in Filipino and Ilocano. It shall be published once a week for three (3) consecutive weeks in a newspaper of general circulation readily available in the areas in and around the NSMNP and its buffer zones. It shall likewise be conspicuously posted simultaneously in the provincial, municipal and barangay halls within the NSMNP, as well as in three (3) other places frequented by the public. Fifteen (15) days after the last publication and posting, this Act shall have full force and effect.

Approved,

| (Sgd.) AQUILINO Q. PIMENTEL JR. President of the Senate | (Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives |