Soil and Water Conservation Act

‹ Difire of the TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) AUG -4 P1:34 SENATE RECEIVED B: S. No._ Introduced by Senator Loren Legarda AN ACT PROMOTING SOIL AND WATER CONSERVATION TECHNOLOGIES AND APPROACHES FOR SUSTAINABLE LAND MANAGEMENT IN THE PHILIPPINES AND FOR OTHER PURPOSES EXPLANATORY NOTE The Philippines is facing a silent but escalating environmental crisis: land degradation. Approximately 13 million hectares or nearly 45% of the country's arable land are now moderately to severely eroded. This deterioration is primarily driven by widespread deforestation, unsustainable agricultural practices, and the excessive use of chemical inputs such as urea, which strip the soil of its essential nutrients, leading to long-term degradation or "soil mining." This erosion of our natural capital does not only threaten food production, it also aggravates the effects of climate change. Healthy soils are among the world's largest natural carbon sinks. But when they are degraded, they release stored carbon back into the atmosphere, contributing to global warming. Moreover, degraded soils lose their capacity to retain nutrients and absorb rainfall, weakening the resilience of ecosystems and increasing vulnerability to droughts, floods, and landslides. The socio-economic toll is also severe. More than 33 million Filipinos, mostly from rural and upland communities, are affected by land degradation, which has worsened poverty, reduced farm productivity, and compromised long-term food and water security.

This bill seeks to address the urgent need for sustainable land stewardship through the establishment of a National Soil and Water Conservation Program. The program will promote science-based and community-driven soil and water conservation approaches to reverse degradation and improve agricultural productivity. A key feature of the bill is the creation of Soil and Water Conservation Guided Farms (SWCFs) in upland areas, which will serve as demonstration sites for effective and replicable soil and water conservation techniques. The bill also mandates the construction of small-scale rainwater harvesting structures, organized in clusters, to collect and store rainwater and surface runoff. This is critical for improving water availability and reducing pressure on natural watersheds. In view of the foregoing, early passage of this bill is earnestly sought. LOREN LEGARDA

Schinto Office of the a wry TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) AUG -4 P1:34 SENATE RECEIVED B S. No._ Introduced by Senator Loren Legarda AN ACT PROMOTING SOIL AND WATER CONSERVATION TECHNOLOGIES AND APPROACHES FOR SUSTAINABLE LAND MANAGEMENT IN THE PHILIPPINES AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title - This Act shall be known as the "Soil and Water

2 Conservation Act."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

4 promote and support soil and water conservation technologies and approaches 5 through the development, promotion, and implementation of soil and water 6 conservation measures and practices, including rainwater harvesting, to enhance 7 decision-making, planning, and potential up-scaling of good practices. Towards this 8 end, the State shall support Sustainable Land Management (SLM) programs for 9 livelihood improvement, particularly that of upland farmers and indigenous peoples, and for the prevention of land degradation and the protection of the environment and natural resource base.

Sec. 3. Definition of Terms. - As used in this Act, the following terms shall

mean: 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 a combination of processes arising from human activities and habitation pattern such as soil erosion caused by wind and/or water;

deterioration of the physical, chemical, and biological or economic properties of soils; and 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 a fair relationship and good quality of life for all involved. c) Rain-fed area - refers to an area not served by any irrigation facilities and mainly relies on rainfall for crop and animal production. d) 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. For the purpose of this act, a small-scale rainwater harvesting system refers to reservoir storage facilities with a height of not more than 5 meters and a surface area of not more than 2,500 sq. meters. e) Sloping Agricultural Land Technology (SALT) - refers to a simple, applicable, low-cost method of upland farming that consists of alley farming in which field and perennial crops are grown in bands 4-5 meters wide between contoured rows of leguminous trees and shrubs. f) Soil and Water Conservation Technologies - refer to measures that control soil and water degradation and enhance productivity in the field. g) Soil and Water Conservation Approaches - refer to ways and means of support that help to introduce, implement, adapt, and apply soil and water conservation technologies in the field. h) Soil and Water Conservation Guided Farm (SWCGF) - refers to a farm one hectare or larger, established to showcase appropriate soil and water conservation technologies for possible replication and up-scaling, and facilitate the proper implementation of soil and water conservation technologies through the availment of technical assistance in the field survey, the soil and water conservation farm planning, and the implementation of the plan.

i) 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 consultation with farmer cooperators. j) Soil Conservation - refers to the management of soil to prevent or reduce soil erosion and depletion by wind and water. k) 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 needs while simultaneously ensuring the long-term productive potential of these resources and the maintenance of their environmental functions. I) Upland - refers to the extensive portion of land located within 100-500 meters above sea level (masl) with a slope of less than 18%. m) Water Conservation - refers to the protection, development, and efficient management of water resources for beneficial purposes. n) Watershed - refers to a land area drained by a stream or a fixed body of water with its tributaries having a common outlet for surface runoff. This includes a small watershed with an area of 10,000 hectares and below; a medium-scale watershed with an area of more than 10,000 hectares to 50,000 hectares; and a large-scale watershed with an area of 50,000 hectares and above. o) Watershed management - refers to the process of guiding and organizing land and other resource used in a watershed to provide desired goods and services without adversely affecting soil, water, or other natural resources. p) Watershed protection - refers to a management strategy to control soil erosion and prevent illegal cutting of vegetation and other land degrading activities in the watershed.

Sec. 4. The National Soil and Water Conservation Program. In 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 synergy

1 between agricultural productivity improvement and sustainable land management 2 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 6 Conservation Program subject to the approval of the Secretary of the Department of 7 Agriculture (DA). Upon implementation of this Act, the BSWM shall submit an Annual Report and Progress Report, as required, within five (5) years, to the Secretary of the 9 Department of Agriculture for review and assessment.

Sec. 5. Goals and Objectives. - Pursuant to the above declaration, 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 adopt the following specific objectives: a) To establish one thousand (1,000) Soil and Water Conservation Guided Farms within five (5) years from the effectivity of this Act 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 c) 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. d) To protect the topography and hydrological qualities and drainage capacity of sloping lands in order to ensure soil conservation and prevent flooding for agricultural land and for surrounding areas.

Sec. 6. Implementing Agency. The Department of Agriculture (DA), through the

2 Bureau of Soils and Water Management (BSWM) and the DA-Regional Field Units (DA- 3 RFUs), shall provide technical and administrative support in the implementation of the 4 Program and all other policies and objectives of this Act, and perform such other duties 5 as may be assigned to it by the Secretary of the Department of Agriculture.

Sec. 7. Farmers Associations. - Farmer-cooperators and program recipients

7 shall be organized into associations and/ or cooperatives and shall be capacitated on 8 soil and water conservation. As such, the BSWM and DA-RFUs, in coordination with concerned local government units (LGUs, shall provide training on soil and water 10 conservation and shall assist them in accessing available credit windows to sustain the 11 operation and maintenance of 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 their leaders in accordance with the constitution and by-laws that they will formulate and firm up.

Sec. 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, SWCG 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 as inputs in the preparation of the Soil and Water Conservation Farm Plan: Provided, it shall be prepared in consultation with farmers based on the sites' bio-physical characteristics, the market potential of crops to be produced, and capability and resources of farmer-cooperators to manage the farm. 30 The Soil and Water Conservation Guided Farms shall be established in accordance with the Soil and Water Conservation Farm Plan, farmers' capabilities and preferences, and 32 available resources.

The concerned LGUs, through the Office of Municipal Agriculturist, shall provide 2 agriculture support and services to the farmer-cooperators of Soil and Water. 3 Conservation Guided Farms to ensure its sustainability and to facilitate broader 4 adoption by more farmers within a locality.

Sec. 9. Small-Scale Rainwater Harvesting Structures. - Small-scale rainwater

6 harvesting structures shall be designed and established in clusters to store rainwater 7 and surface runoff within a watershed. Potential sites shall be identified and selected concerned LGUs and 8 using approved site selection criteria in coordination with farmers' associations. Selected sites shall be subjected to various field surveys, bio- 10 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. Appropriate cropping pattern and calendar that will optimize the use of stored rainwater shall be prepared by farmers with technical assistance from the LGUs through the Office of the Municipal Agriculturist.

Sec. 10. Research, Development, and Extension Services. - Research and

development and extension on soil and water conservation shall be an important component of the program to provide dynamic technology development, information dissemination, and extension support in the implementation of the program. Research and development shall include 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

1 conduct of research and development and in the provision of extension services on 2 soil and water conservation to LGUs and farmers associations and cooperatives. The BSWM and ATI are further directed to assist the LGUs in the conduct of training for beneficiaries and/or cooperators of Soil and Water Guided Farms and 5 small-scale rainwater harvesting systems prior to operation and/or turn-over of said 6 facilities.

Sec. 11. Protection of Topography. - Any development, whether public or

private, that will change the natural topography of any lands of over one hectare or 9 an accumulated one hectare within any polygon of 5 hectares shall require a 10 determination by the BSWM that the topographic alteration is necessary and 11 warranted over long-term soil and water conservation services that the natural 12 topography would have provided. Such determination shall be submitted to the 13 Environmental Management Bureau for consideration in the Philippine Environmental 14 Impact Statement System.

Sec. 12. Implementing Rules and Regulations and Publications. - The

Department of Agriculture, through 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 within five (5) months upon the enactment of this Act. It shall likewise compile soil and water conservation strategies for wide dissemination and language and format accessibility.

Sec. 13. Appropriations. - The amount necessary for the initial implementation

22 of this Act shall be charged to the budget of the Department of Agriculture under the 23 current General Appropriations Act. Thereafter, such sums as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.

Sec. 14. Repealing Clause. - All laws or parts thereof, decrees, orders, rules

and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 15. Separability Clause. - If any of the provisions of this Act are declared

invalid, the other provisions which are not affected thereby shall remain to be in full force and effect.

Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its

2 publication in at least two (2) newspapers of general circulation. Approved,