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close this bookBalancing Acts: Community-Based Forest Management and National Law in Asia and the Pacific (WRI, 1995, 204 pages)
View the document(introduction...)
View the documentForeword
View the documentAcknowledgments
View the documentPreface
View the documentIntroduction: Forests and People
Open this folder and view contentsI. Deforestation and the Prospects for Community-Based Management
Open this folder and view contentsII. Historical Overview: Colonial Patterns of Forest Management
Open this folder and view contentsIII. Contemporary Overview: The Legacies of State Ownership
Open this folder and view contentsIV. Community-Based Forest Management. Emerging Responses
Open this folder and view contentsV. Recognizing Private Community-Based Rights
Open this folder and view contentsVI. Promoting Sustainable Forest Management Through Community-Based Tenure
View the documentVII. Conclusion
View the documentAbout the Authors
View the documentAppendix A. Sample Forest Protection Lease
View the documentAppendix B. Sample Forest Community Lease
View the documentNotes
View the documentBibliography

Appendix B. Sample Forest Community Lease

This agreement, dated __________, is made and entered into between the __________________, [national government] represented by the _____________________ [appropriate government agency official], referred to as the GRANTOR, and the community of _____________, [local community], whose members have signed this Agreement

[and/or]
are identified in the attached census,
which forms an integral part of this Agreement. They have formed themselves into the ____________________, [name of community entity] hereinafter referred to as the GRANTEE.

WHEREAS, the GRANTOR has legal authority under ____________________ [appropriate section] of_______________ [appropriate legislative act] to enter into agreements with forest managers which grants them legal rights to exploit and reside on classified forest land;

WHEREAS, the GRANTEE is qualified to enter into a lease agreement with the _________________________ [appropriate government agency/official] and has applied to do so; and

WHEREAS, the GRANTOR has evaluated and favorably considered the application of the GRANTEE:

NOW, THEREFORE, in consideration of the foregoing premises and the following terms and conditions, the GRANTOR and the GRANTEE, of their own free volition, enter into this FOREST LEASE, which covers an area located in __________________________________, District of ______________,
Province of __________________, containing an area of ________ hectares and technically described in the attached map, which is an integral part of this Agreement.

Terms and Conditions

GRANTEE

1. The GRANTEE shall have the sole and exclusive right peacefully to utilize, manage, and protect the land and natural resources located within the area described above against any third parties.

2. The GRANTEE shall preserve monuments and other landmarks within the confines of the land that designate corners and boundaries.

3. The GRANTEE shall protect and conserve the forest trees and forest products naturally grown on the land and shall cooperate with the ____________________________

[appropriate government agency/official] in an effort to protect forest areas immediately adjacent to the leased area.

4. The GRANTEE shall not cut, gather, or harvest for commercial use naturally grown forest products from the area or any adjacent area except in accordance with a license or permit that shall be issued by the GRANTOR upon prior application of the GRANTEE.

GRANTOR

1. The GRANTOR shall extend technical assistance, extension services, and other support to the GRANTEE.

2. The GRANTOR shall maintain the present legal status of the area and shall not reclassify or grant to any and all third parties rights or privileges to develop, utilize, or manage the area during the existence of this Agreement.

3. The GRANTOR shall, upon the request of the GRANTEE, assist efforts to protect the area from encroachment and any unauthorized extraction of natural resources.

4. The GRANTOR shall not terminate or cancel this Agreement unless the GRANTEE fails to comply with the terms and conditions of the Agreement within one year after being notified in writing of the alleged violations.

The provisions in this Agreement have been explained by the GRANTOR in a language understandable to the GRANTEE prior to the signing of the Agreement.

This Agreement becomes effective upon its signing by the authorized parties and shall continue for a period of ___ years, renewable for another ___ years at the option of the GRANTEE.

IN WITNESS WHEREOF, the parties have signed their names below this _____ day of _____, ____.

[Community Representative of Corporation/Cooperative] [Official]
[Representative of the User Group or Informal Organization]

Signed in the presence of

[witness] ___________
[witness] ___________