REGULATIONS IN THE RECOVERY AND DISPOSITION OF ABANDONED LOGS, DRIFTED LOGS, SUNKEN LOGS, UPROOTED AND FIRE/TYPHOON DAMAGED TREES, TREE STUMPS, TOPS AND BRANCHES

Pursuant to P.D. 705, as amended and Executive Order 192 dated June
10, 1987 and in order that abandoned logs, drifted logs, sunken logs,
uprooted and fire/typhoon damaged trees, tree stumps, tops and branches,
hereinafter referred to as retrievable wood materials, may be utilized
for the manufacture of lumber and other finished wood products, the
following regulations are hereby promulgated for the information and
guidance of all concerned:

SECTION 1.       Government Policy . —
It is the policy of the government to encourage maximum and wise
utilization of forest resources. Towards this end, the DENR shall allow
the orderly recovery and disposition of retrievable wood materials found
within forestlands, alienable or disposable lands, private lands and
along rivers, stream, oceans and other bodies of water.

SEC. 2.   Definition of Terms . — For purpose of this Order, the terms listed hereunder are to be understood and interpreted as follows:

2.1       Abandoned Logs — logs left within
forestlands, alienable and disposable lands and private lands, whose
owners or claimants can not be identified.

2.2       Drifted Logs — logs that are washed out by floods and/or water currents.

2.3       Fire Damaged Trees — trees damaged by forest fires, that are either dead or living but with a nil chance of survival.

2.4       Private lands — land(s) covered by
either administrative or juridical titles such as Free Patent, Homestead
and Sales Patent, and Torrens Titles obtained under the Land
Registration Act (Act No. 46, as amended), or under the Public Land Law
(Commonwealth Act No. 141). Certificate of Land Ownership Award (CLOA)
covering certified A and D lands issued to farmer-beneficiaries under
the Comprehensive Agrarian Reform Program (CARP) or the Republic Act No.
6657 (R.A. 6657) shall be included in areas that can be applied for.

2.5       Sunken Logs — logs found at the bottom of a river/stream, sea cove and other bodies of water.   SADECI

2.6       Typhoon Damaged Trees — trees whose
tops, branches and trunks were blown away or destroyed by strong wind
that are either dead or living but with nil chance of survival.

2.7       Uprooted Trees — trees that were
blown down due to natural causes, the roots of which are exposed above
the ground and have a nil chance of survival.

2.8       Wood Recovery Permit — a permit
issued by the DENR to gather/retrieve and dispose abandoned logs,
drifted logs, sunken logs, uprooted and fire/typhoon damaged trees, tree
stumps, tops and branches.

SEC. 3.   Scope and Coverage. — The recovery and disposition of retrievable wood materials may be allowed subject to the following:

3.1       The retrievable wood materials are from naturally
grown trees in forestlands, A and D, and private lands and those of
planted species found within forestland; and

3.2       These logs and other wood materials are free from adverse claim.

Provided, that no Wood Recovery Permit shall be issued covering the NIPAS areas.

SEC. 4.   Issuance of Wood Recovery Permit

4.1       Qualified Applicants — The following may apply for a wood recovery permit:

4.1.1        The Natural Resources Development Corporation (NRDC);

4.1.2        The Local Government Units (LGUs) having territorial jurisdiction over the retrievable wood materials;

4.1.3        Filipino citizens of legal age; and

4.1.4        Partnerships, associations, cooperatives or corporations.

The order of priority in the issuance of permit is shown hereunder:

           

Type of Retrievable Wood Materials	Priority Applicants
1.         Fire/typhoon damaged and uprooted trees, tree stumps, tops and branches in public lands.	1.         Holder of tenurial instruments 2.         NRDC 3.         LGU 4.         Filipino citizen/corporation
2.         Fire/typhoon, damaged and uprooted trees, tree stumps, tops and branches in private lands.	1.         Lot/land owner 2.         NRDC 3.         LGU
3.         Abandoned logs	1.         NRDC 2.         LGU 3.         Filipino citizen/corporation
4.         Sunken and drifted logs	1.          Finder of the retrievable wood materials 2.         NRDC 3.         LGU 4.         Filipino citizen/corporation

4.2       Procedures

4.2.1        Filing and Evaluation of Application for Wood Recovery Permit
— Applications for wood recovery permit shall be filed with the
Community Environment and Natural Resources (CENR) Office concerned. The
wood recovery permit shall be issued by the following DENR officials
with the corresponding timber volume and period of effectivity.

Authorized Official	Net Volume (cu. M.)	Permit Effectivity
CENRO	Five (5) and less	one month
PENRO	More than five (5) to fifteen (15)	two months
RED	More than fifteen (15) to thirty (30)	three months
SECRETARY	More than thirty (30)	four months to one year

The application shall be forwarded to the Provincial Environment
and Natural Resources (PENR) Office, Office of the Regional Executive
Director (RED) and/or the Secretary, as the case may be, with their
comments and recommendations. Applications for the Secretary’s approval
shall be coursed through the Forest Management Bureau (FMB) Director for
further evaluation. In case of LGU’s, their applications shall be
accompanied with the bill of materials and building plan of the
structures to be built.

4.2.2        Conduct of Timber Inventory — The CENR
Office concerned upon learning of the existence of retrievable wood
materials shall conduct or cause the conduct of 100% inventory of these
wood materials. They shall be chronologically numbered, photographed and
indicated in a sketch map. The CENR Office shall also collect other
relevant data such as log finder, lot owner and location, in the case of
a private land where these wood materials are located, and
accessibility of the area where these retrievable wood materials are
found. The scaling of logs and felled trees, tree stumps, tops, and
branches including the determination of natural defects shall be in
accordance with the regulations on scaling prescribed under DAO 87-80.
For typhoon and fire damaged standing trees that are to be recovered,
the applicable volume equation/table for standing trees shall be used
and a stand and stock table shall be prepared.

Provided, that, where the applicant is not the NRDC, the
applicant shall cause the conduct of the inventory with the close
supervision of a forester from the CENR Office concerned. Provided
further, on the basis of inventory report, NRDC may waive its right on
the recoverable wood materials so that other interested and qualified
applicants may be considered in undertaking the recovery operations.

4.2.3        Inventory Expenses — The CENR Office
expenses in the conduct of inventory of wood materials to be recovered
by NRDC shall be charged/refunded by NRDC which amount shall be taken
from the gross sales of the retrieved wood materials, while those to be
recovered by other persons and entities other than NRDC will be refunded
by the party concerned subject to existing rules and regulations.

SEC. 5.   Terms and Conditions . — The terms and conditions of a Wood Recovery Permit are as follows:

5.1       A wood recovery permit may be extended, if necessary,
and/or may be terminated once the authorized timber volume is exhausted;

5.2       The wood recovery permit holders may be allowed to
rehabilitate abandoned logging roads, but prohibited from constructing
new roads within forestlands and cutting of standing trees;

5.3       The permittee shall only be allowed to gather/recover
the inventoried and marked logs/timber trees by the CENR Office
concerned;

5.4       The permittee shall secure the necessary transport and
other related documents before the retrieved wood materials are sold to
the buyers/users thereof and/or wood processing plants.

SECTION 6.       Supervision of the Recovery Operation
. — The recovery operations of the retrievable wood materials shall be
closely supervised by the CENR Officer concerned or through his/her duly
authorized representative.

SECTION 7.       Payment of Forest Charges. —
Pursuant to R.A. 7161 and existing forestry regulations, forest charges
of the retrieved wood materials from naturally grown trees shall be paid
by the permittee/licensee to the CENRO concerned; after which, the
necessary documents for the transport of the recovered logs shall be
issued by the said CENRO.

SECTION 8.       Suspension and/or Cancellation of the Permit.
— Any violation or non-compliance with the terms and conditions of the
Wood Recovery Permit and other pertinent forestry laws, rules and
regulations shall be sufficient ground for the supervision and/or
cancellation of the permit without prejudice to the filing of
appropriate criminal and administrative charges.

SECTION 9.       Profit Sharing . — The share
from the net revenue derived by NRDC from the logs/timber recovery
operation shall be 50% for NRDC and 50% for DENR.

SECTION 10.    Separability Clause. — If any
clause, sentence, section or provision of these implementing rules and
regulations is held or declared to be unconstitutional or invalid by a
competent court, the remaining parts of these implementing rules and
regulations shall not be affected thereby.

SECTION 11.    Repealing Clause . — All orders, rules and regulations inconsistent with this Order are hereby repealed or modified accordingly.

SECTION 12.    Effectivity. — This Order shall
take effect immediately upon acknowledgment by the UP Law Center and
fifteen (15) days after its publication in two (2) newspapers of general
circulation.

Adopted: 07, Nov. 2000

(SGD.) ANTONIO H. CERILLES
Secretary