GRANTING THE NATIONAL IRRIGATION ADMINISTRATION AUTHORITY TO CONSTRUCT, DEVELOP, OPERATE AND MAINTAIN THE CASECNAN MULTI-PURPOSE IRRIGATION AND POWER PROJECT LOCATED WITHIN THE …

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WHEREAS, Proclamation No. 136 (11 August 1987) placed the administration,
control and management of the Casecnan River Watershed Forest Reserve under the
Department of Environment and Natural Resources, through the Bureau of Forest
Development (now the Forest Management Bureau), in coordination with the other
government agencies, with the objective of maintaining its usefulness as a
source of water for agricultural and other forestry purposes;

WHEREAS, under Proclamation No. 561 (21 May 1987), the improvement and
development of the Pantabangan-Carranglan Watershed Reserve Pilot Area shall be
undertaken in specific or cooperative projects by the Bureau of Forestry (now
the Forest Management Bureau), with the cooperation of the Reforestation
Administration, National Waterworks and Sewerage Authority, National Irrigation
Administration, Bureau of Public Works, National Power Corporation and Bureau
of Soils;

WHEREAS, Letter of Instructions No. 1002 (20 March 1980) granted the
National Irrigation Administration Authority to manage, protect, develop and
rehabilitate certain portions of the watershed areas of the Pantabangan
watershed reservation;

WHEREAS, under Executive Order No. 192 (10 June 1987), the Department of
Environment and Natural Resources shall be the primary government agency
responsible for the conservation, management, development and proper use of the
country’s environment and natural resources, including those in reservation and
watershed areas;

WHEREAS, Republic Act No. 6978 (24 June 1991) mandates the National
Irrigation Administration to undertake an accelerated program for the
construction of irrigation projects to promote rural development;

WHEREAS, the National Irrigation Administration has reassessed the
diversified uses of the Casecnan River Watershed Forest Reserve and the
Pantabangan-Carranglan Watershed in order to optimize the benefits that can be
derived therefrom;

WHEREAS, after careful study, the National Irrigation Administration has
determined the feasibility of implementing the Casecnan Multi-Purpose
Irrigation and Power Project which involves conveying certain waters in the
Casecnan River Watershed Forest Reserve into the Pantabangan reservoir for the
purpose of (i) satisfying the irrigation requirements of agricultural lands in
the Central Luzon Valley, (ii) producing and supplying electrical energy into
the Luzon grid through the construction, installation and operation of an
approximately 140 megawatt capacity power plant, and (iii) increasing the
generating capacities of the existing Pantabangan and Masiway facilities;

WHEREAS, Republic Act No. 3601, as amended by Presidential Decree No. 552
and Presidential Decree No. 1702, empowers the National Irrigation
Administration to acquire real and personal properties and all appurtenant
rights, easements, concessions and privileges, whether the same are already
devoted to private or public use in connection with the development of its
projects;

WHEREAS, the Casecnan Multi-Purpose Irrigation and Power Project has been
approved as a Build-Operate-Transfer project to be implemented through the
National Irrigation Administration and has been certified by the National
Economic and Development Authority as a “high priority project”;

NOW, THEREFORE, I, FIDEL V.
RAMOS, President of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby order the following:

SECTION 1. The National Irrigation Administration shall have the authority and
is hereby granted the right to construct, develop, operate and maintain the
necessary infrastructure and other facilities for the Casecnan Multi-Purpose
Irrigation and Power Project (“CMIPP”) within certain areas of the Casecnan
River Watershed Forest Reserve located in the municipalities of Dupax del Sur
and Alfonso Castañeda, Province of Nueva Viscaya, and Pantabangan-Carranglan
Watershed Reserve Pilot Area located in the municipalities of Pantabangan and
Carranglan, Province of Nueva Ecija, the location of said facilities being generally
identified, delineated and marked within the boundaries of the area, marked as
Project Area, in the map and technical description attached hereto as Annexes
“A” and “B” and made integral parts hereof. In furtherance of the foregoing,
the National Irrigation Administration is further granted the right of access
(including the construction of necessary and appropriate access roads) as well
as rights of way to such other areas within the Project Area as may be required
for the effective and efficient implementation of the CMIPP. NIA shall have the
right to grant to the developer of the CMIPP such of its rights in the Project
Area as granted herein and which may be necessary for such developer to fulfill
its obligations under the BOT arrangement for the CMIPP. In all cases involving
clearing, timber cutting and other related activities, the same shall be duly
coordinated and approved by the Department of Environment and Natural
Resources.

SEC. 2. In the implementation of the CMIPP within the areas of the Casecnan
River Watershed Forest Reserve and Pantabangan-Carranglan Watershed designated
above, the National Irrigation Administration shall have the authority to enter
into contracts in pursuance of the provisions of this Executive Order.

SEC. 3. Subject to the provisions of Section 1 hereof, the Department of
Environment and Natural Resources shall retain its jurisdiction over the
Casecnan River Watershed Forest Reserve and Pantabangan-Carranglan Watershed
granted under Proclamation No. 136 and Proclamation No. 561 as amended by
Letter of Instructions No. 1002. The National Irrigation Administration shall
also retain its rights to the Pantabangan-Carranglan Watershed granted under
Letter of Instructions No. 1002.

SEC. 4. The National Irrigation Administration and the Department of
Environment and Natural Resources shall consult and collaborate with each other
to ensure the protection of the Casecnan River Watershed Forest Reserve and the
Pantabangan-Carranglan Watershed.

SEC. 5. Subject to the provisions of Section 1 hereof, the right of the
Department of Environment and Natural Resources to undertake any project within
the Project Area pursuant to its mandate and existing laws will not be
impaired. No other project or activities which are inconsistent with the CMIPP
shall be authorized, undertaken and/or implemented within the Project Area.

SEC. 6. The Department of Environment and Natural Resources, the Natural
Irrigation Administration and all other concerned government agencies and local
governmental units are hereby authorized and directed to take such further
actions as may be necessary or appropriate to fully and expeditiously implement
this Order.

SEC. 7. The Department of Environment and Natural Resources and the
National Irrigation Administration shall respect the applicable rights of
indigenous cultural communities within the Project Area.

SEC. 8. To ensure an efficient and smooth operation of the CMIPP, a
Memorandum of Agreement shall be immediately executed by and between the
National Irrigation Administration and the Department of Environment and
Natural Resources to provide for their specific responsibilities in respect of
the matters herein established and the same may be revised, amended, added to
or supplemented by them through mutually satisfactory arrangements.

SEC. 9. In case of any dispute or issue in respect of any matter provided
therein, the National Irrigation Administration and the Department of
Environment and Natural Resources shall immediately consult each other for the
purpose of resolving the same.

SEC. 10. Provisions or proclamations, executive orders, instructions, rules
and regulations, which are inconsistent herewith are hereby repealed, amended
or modified accordingly.

SEC. 11. This Order shall take effect immediately.

DONE in the City of Manila, this
16th day of November in the year of Our Lord, Nineteen Hundred and Ninety-Five.

(Sgd.) FIDEL
V. RAMOS
President of the Philippines

By the President:

(Sgd.) RUBEN D. TORRES
Executive Secretary

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