Guidelines in Granting Government Agencies Gratuitous Permits for the Special Uses of Forest Lands

DENR Administrative Order No. 2022-01

Subject: Guidelines in Granting Government Agencies Gratuitous Permits for the Special Uses of Forest Lands

Signed: January 11, 2022 . Published: Manila Standard, February 12, 2022 . Acknowledged: ONAR, U.P. Law Center, February 14, 2022.

Purpose

Creates the Gratuitous Special Use Permit (GSUP), a free permit for national government agencies and LGUs using forest land for non-profit projects of national interest and public infrastructure, and for non-commercial projects of GOCCs.

Covered Infrastructure

Roads, bridges, schools, hospitals, health centers, flood control facilities, water reservoirs or impounding dams and related facilities, airstrips, landing sites, harbors, public markets, public plazas, and evacuation sites.

Qualified Applicants

Heads of government agencies or their authorized representatives, and local chief executives authorized by their sanggunian.

Requirements

• Application form, letter of intent, DENR land classification certification, and GIS map.
• Appropriate NCIP certification.
• Indicative Management Plan and proof of budget allocation.
• Agency resolution or authorization; LGU endorsement for NGA applicants.
• For LGUs, proof that the project is in the Forest Land Use Plan and consistent with the approved CLUP.
• PCSD clearance for projects in Palawan.
• Administrative fee of PHP 3,000 per application.

Processing and Approval

Filed with the CENRO or Implementing PENRO, which assesses the site, prepares the GIS map, and submits a Completed Staff Work report. The Regional Executive Director approves the final map and the GSUP. Projects spanning two or more regions are filed jointly with the region holding the majority of the area and approved by the Undersecretary for Field Operations.

Term and Tenure

• Maximum non-renewable term of five years.
• Except for roads and bridges, permittees must apply for a Presidential Proclamation within one year of GSUP issuance. If none is secured within the GSUP term, the permittee must apply for a FLAg under DAO 2004-59.
• Existing SLUPs and FLAgs for qualifying government projects may convert to GSUP; the old permit is cancelled on approval.

EIA Requirement

The permittee must secure an ECC from EMB within three months of GSUP issuance, or on the schedule EMB prescribes, and submit a copy to the DENR Regional Office. Later rehabilitation or new appurtenances require an EMB clearance beforehand.

Key Conditions

• Government share and user fee are waived; the area remains public forest land and cannot be subleased or privately transacted.
• Protect wetlands, springs, waterfalls, peatlands, and natural, historical, or archaeological sites, and threatened wildlife.
• A separate tree cutting permit is required. No tree may be cut within 40 meters of rivers, creeks, streams, buffer strips, and shorelines; bare strips must be rehabilitated.
• Year-end report due by March 30 of the following year.
• Non-use within six months, loss of purpose, or violations lead to cancellation.

Effectivity

Takes effect 15 days after publication and ONAR acknowledgment.

Signed by Secretary Roy A. Cimatu. Summary prepared by EnviSynergy from the official DENR issuance; refer to the full text for binding provisions.