黄河流域及西北内陆河地区开发建设项目水土保持现状、问题与对策.docx

series of desiderate problems such as fund shortage, equipment out-of-date and insufficiency, law enforcement capacity insufficient and so on, and make it difficult to satisfy the normal work need for supervision and management. Regarding the river basin organizations, the key point is to supervise the large-scale projects featured by cross-boundary, broad affected area, difficult to management by local administration, the insufficient capacity for law enforcement and supervision is quite outstandingly.5 Countermeasures5.1 Further strengthen supervision and law enforcementThrough lessons learned, innovation of mechanism, YRCC should fulfill its responsibility legally and continually to strengthen supervision of soil and water conservation. Especially for those projects with a lot of questions and extensive influence, it's necessary to strengthen afterwards tracking supervision and adopt effective measures to achieve practical effect. Simultaneously supervision of local administration departments have to be enlarged to promote the implementation of laws and regulations of soil and water conservation.5.2 Perfect legislation system on soil and water conservationThe existing problems on soil and water conservation of development and construction projects have to be studied deeply, combining with the view of entire process management, the related laws and regulations have to been amended further to guarantee that each link is able to be managed. Simultaneously heavy punishment should be carried out to illegal activities to make those enterprises who dare against law pay much heavy price and take the consequences, consequently the goal that prevention of man-induced soil erosion, protection and improvement of ecological environment, promotion of coordinated development and construction and soil and water conservation can be achieved.5.3 Enhance capacity building for supervision and law enforcementAll possible effective measures must be taken to perfect institutions, stabilize professionals, strengthen training, and shaipen all levels of capacity of law enforcement and supervision on soil and water conservation unceasingly to satisfy the urgent need of supervisory work on soil and water conservation. At the same time, monitoring work have to be strengthened to hold the tendency of man-induced soil erosion, explore the natural rules, and improve technology and mechanism to enhance the efficiency of supervision continually.批的5248个建设项目，累计扰动地表面积为56万hm）可产生弃土弃渣总量70亿3可能 新增人为水土流失总量25亿t,需投入水土流失防治资金477亿元（详见表1）。表1 黄河流域（片）开发建设项目水土流失基本情况统计表项目级 别项目数量 （项）防治责任范 围面积（hm2）扰动地表面 积（hm2）弃土弃渣 量（万t）可能新增 水土流失量 （万t）水土保持工 程估算投资 （万元）部批453395090. 9221136.771964.452120.22547830.0省批1480406236.6228649.4497916. 251686.01579640. 8市批1973154202.394421.8114280.950353. 6502904.9县批134225113.718145.212365.094189. 8135514.1合计5248980643.5562353. 1696526.6248349. 54765889.9备注：本表统计范围为在2003年1月1日至2008年6月30日期间建设实施的各类开发建设 项目，包括已批复水土保持方案未实施建设的项目和未编报水土保持方案的项目，不包括编 报水土保持方案报告表的项目。3开发建设项目水土保持监督及成效自水土保持法颁布实施以来，黄河流域（片）各省（区）逐步建立健全机构，充实 人员，完善法规制度，规范技术服务，强化了开发建设项目水土保持监督执法工作。据不完 全统计，黄河流域（片）现有水土保持监督人员8000多人，制定实施各类配套法规和管理 办法2200多件，并形成了初具规模的水土保持方案编制、监测和监理等专业技术队伍；截 至2007年底，大型开发建设项目水土保持方案审批率已近100%,立案查处违法案件1万 余起，征收水土保持补偿费约4. 3亿元。多年来，我委在水利部的领导下，认真履行职责，强化执法监督，为确保水土保持法律 的贯彻执行发挥了不可替代的作用。早在20世纪80年代末，为遏制晋陕蒙接壤地区由于大 规模的资源开发引发的水土流失严重、生态环境恶化的趋势，我委依法率先在该区域开展了 水土保持监督执法试点工作，在全国发挥了巨大的示范作用。随着水土保持法的颁布实 施，我委积极协调、督促各省区强化监督、规范执法，并协助查处了一批影响较大的水土保 持违法案件，有效排除了地方行政干预和地方保护的影响。特别是2003年以来，我委率先 提出并启动了开发建设项目水土保持督查工作，颁布了督查办法，建立了程序规范的督查制 度，并连续4年组织开展了大规模的督查工作，年督查项目150个以上，既震撼了开发建设 企业，促进了水土保持“三同时”制度的落实，也有效推动了地方监督执法工作。同时，培 育树立了一批开发建设项目水土保持先进典型，如西气东输工程、陕西神华神东矿区、山西 万家寨引黄工程、山东泰安抽水蓄能电站、新疆博斯腾湖东泵站工程等，发挥了显著的示范 带动作用。另外，还组织开展了城市水土保持试点工作，有效防治了城镇化过程中的人为水 土流失。经过黄河流域（片）各级水行政主管部门的共同努力，开发建设项目水土保持工作取得 了显著成效。据初步统计，2003年1月至2008年7月期间，黄河流域（片）已验收各级各 类开发建设项目634项，防治水土流失面积6.4万hnK拦渣量9. 5亿t,减少人为水土流 失量1.1亿t,促使建设单位实际投入水土保持工程投资38亿元（详见表2）o表2黄河流域（片）开发建设项目水土保持基本情况统计表项目级别已验收项 目数量 （项）水土流失防 治面积（hm2）拦渣量 （万t）减少水土流失 量（万t）实际完成水保工 程投资（万元）部批5341534. 720838.53698. 0173856.9省批13410693.553264. 13174.974172.7市批2039248.120758. 83904. 887454. 1县批2442400. 932.955.444406. 1合计63463877. 194894.310833.0379889.8备注：本表统计范围为在2003年1月1日至2008年6月30日期间已验收的各类开发建 设项目。4存在的主要问题4.1人为水土流失问题依然严重据初步统计，目前流域（片）已验收的各级各类开发建设项目仅占已批复项目总数的 12%,已治理面积占已批复项目扰动地表总面积的12%,已拦挡渣量占项目可能弃土弃渣 总量的14%,减少人为水土流失量占可能新增人为水土流失总量的4. 4%。其中，就水利部 审批水土保持方案的大型开发建设项目而言，已验收项目数占项目总数的12%,已治理面 积、拦渣量和减少人为水土流失量占项目相应总数的比例分别为19%、29%和7.1%。由此 可见，开发建设造成的人为水土流失仍严重威胁着区域生态安全和黄河的健康生命，水土保 持预防监督任务仍十分艰巨。4. 2水土保持法规制度尚不完善主要体现在三个方面：一是现行的水土保持法及其实施条例，对开发建设单位不履行水 土流失防治责任的违法违规行为，缺乏具体且有强制力的处罚和处理措施，直接影响监督执 法效果。二是对开发建设过程中的一些关键环节，如水土保持方案设计的审批、水土保持监 理技术规范等问题尚无严格、明确的规定，导致这些环节的管理缺失或不规范，直接影响水 土保持措施的落实。三是流域机构的法律职责尚不明确，缺乏必要的执法权，难以对水土保 持违法行为产生足够的威慑力。凡此种种，都严重影响了开发建设项目水土保持工作的高效、 深入开展。4. 3水土保持监督执法能力仍难以满足实际需要相对于量大、面广、人为水土流失形式复杂的开发建设项目而言，各级水行政主管部门 还存在着经费短缺、设备落后和不足、监督执法能力和水平不够等突出问题，难以满足正常 监督管理工作的需要。对于流域机构，监督的重点是跨省区、涉及面广、管理难度大的大型 项目，执法监督能力不足的问题尤为突出。5近期对策4.1 进一步加大水土保持监督执法力度总结经验，创新机制，继续依法履行我委职责，强化开发建设项目水土保持督查。特别 是对存在问题较多、影响较大的项目，要强化跟踪督查，采取有效措施一查到底。同时加大 对地方执法情况的监督，推动水土保持法律法规的落实。4.2 完善水土保持法律制度深入研究开发建设项目水土保持工作中存在的问题，立足于全过程管理，进一步完善相 关的法规制度，确保每一个环节都有人管、都能管得住；同时加大对建设项目水土保持违法 行为的处罚力度，使胆敢违法违规的建设单位付出高昂的代价、承担严重的后果，切实达到 防治人为水土流失，保护和改善生态环境，促进开发建设与水土保持协调发展的目的。4.3 强化水土保持监督执法能力建设积极采取一切可能有效的措施，完善机构，稳定人员，强化培训，不断提高各级水土保 持监督执法能力，满足开发建设项目水土保持监督工作的迫切需要。同时，强化监测，掌握 动态，探索规律，创新技术，不断提高监督成效。Present Situation, Problems and Countermeasures on Soiland Water Conservation of Development and ConstructionProjects in YRCC PrecinctDu Yajuan and Wang Feng(Soil and Water Bureau of YRCC ， Zhengzhou 450003)1 Basic situationThe Yellow River Basin and the Northwest Inland River Area, the abbreviation “YRCC Precinct”, is legally the territorial scope for YRCC to fulfill supervision responsibility of soil and water conservation of development and construction projects. Its total area is about 3,678,000 km2, of which Yellow River Basin is about 795,000 km2, the Northwest Inland River Area is about 2,883,000 km2, and involves 10 provinces and autonomous region namely Qinghai, Sichuan, Gansu, Ningxia, Inner Mongolia, Shaanxi, Shanxi, Henan, Shandong, Xinjiang and the Xinjiang Construction Army Corps.YRCC Precinct is characterized by unfavorable natural conditions, fragile ecological environment and heavy soil erosion, in which the Loess Plateau possesses the broadest soil erosion area and biggest erosion intensity, results in as high as 1.6 billion tons sediment annually into Yellow River, and makes the Yellow River disaster happen frequently in its downstream and most complex and difficult to govern. Specially along with implementation of the national western development strategy, the natural resource development and infrastructural facilities construction enlarge unceasingly, and result in man-induced soil erosion become one of sediment sources in the Yellow River. The supervision situation for soil and water conservation is becoming exceptionally severe. It has become one of the key works currently concerning soil and water conservation of YRCC to legally strengthen the supervision of soil and water conservation of development and construction projects.2 The development and constructionprojects and induced soil erosionTo find out the actual situation of soil erosion from the development and construction projects timely and accurately, strengthen the supervision legally, prevent and control the man-induced soil erosion effectively, and promote the coordinated development of construction and soil and water conservation, investigation of basic situation of soil erosion from the development and construction projects has been carried out this year. According to statistics, in the period of January 2003 to July 2008, the schemes for soil and water conservation of development and construction projects were examined and approved by all levels of water administration departments in YRCC Precinct are altogether 5248 items, involves the responsibility area up to 980,000 hm2. of which large-scale projects with soil and water conservation schemes approved by Ministry of Water Conservancy are altogether 453 items, including 13 in Qinghai, 58 in Gansu, 30 in Ningxia Autonomous Region, 124 in Inner Mongolia Autonomous Region, 57 in Shaanxi, 91 in Shanxi, 28 in Henan, 2 in Shandong, 43 in Xinjiang Autonomous Region, and 7 in Xinjiang Construction Army Corps; Involves more than ten industries, such as coal mining, thermal power production, highway construction, railway construction, the petroleum and natural gas transportation line, water conservancy project, water electricity project and etc.In the process of construction and operation of projects, the relevant activities may disturb earth surface inevitably, destroy vegetations, and produce massive waste residue and dregs. In case of no prevention and control measures adopted promptly, it's extremely easy to induce heavy soil erosion. Statistics indicated that all examined and approved projects 5248 in the YRCC Precinct, the disturbed area of earth surface is amount to 560,000 hm2, the total quantity of possible abandoned earth and dregs is about 7 billion tons, and the total amount of man-induced soil erosion is potentially about 2.5 billion tons. To prevent and control all the potential erosion, approximately 47.7 billion Yuan must be invested (for details see Table 1).Table 1 Statistics of soil erosion from development and construction projects in YRCC PrecinctApproved levelProject numberResponsibility area (hmJ)Disturbed surface area (hm2)Abandoned earth and dregs (106t)Possible increased soil erosion (106t)Estimated funds for SWC (106yuan)ministry453395090.9221136.7719. 64521.2025478. 30province1480406236.6228649.44979.16516. 8615796.41municipality1973154202.394421.81142.81503. 545029. 05county134225113.718145.2123. 65941.901355. 14total5248980643.5562353.16965. 272483. 5047658. 903 Supervision of project-induced soilerosion and effectsSince Law of Soil and Water Conservation has been put into effect, all the provinces (autonomous regions) in YRCC Precinct established institutions at all levels, trained professional personnel, constituted legislation system, and standardized technical service, to strengthen law enforcement and supervision of development and construction projects to carry out soil and water conservation work. According to incomplete statistics, in YRCC Precinct, there are more than 8000 supervisors engaging in law enforcement and supervision work, more than 2200 necessary rules and regulations have been formulated, and professional technical teams concerning soil and water conservation work such as scheme making, monitoring have been established; By the end of 2007, schemes for soil and water conservation on large-scale development and construction projects had been examined and approved nearly 100%, some 10,000 illegal cases had been investigated and handled, approximately 0.43 billion Yuan for compensation of soil and water conservation had been levied.In the past years, under leadership of Ministry of Water Conservancy, YRCC took on the responsibility earnestly to strengthen the supervision of law enforcement, and played an irreplaceable role to guarantee the implementation of relevant law and regulations on soil and water conservation. As early as late-1980s, in order to restrict the heavy soil erosion and worsening tendency of the ecological environment resulting from the large-scale resources development in the boundary area of Shaanxi, Shanxi and Inner Mongolia, YRCC took the lead to carry out some pilot work legally for law enforcement to supervise soil and water conservation work of projects in this region, and had played a huge exemplary role in the nation. Along with the promulgation and implementation of Law of Soil and Water Conservation, YRCC coordinated and supervised the relevant provincial departments to strengthen supervision, standardized law enforcement, and provided great assistance to investigate and handle a lot of illegal and influencing cases on soil and water conservation, and eliminated the intervention of local administration and the influence of localism effectively. Especially Since 2003, YRCC took the lead to propose and initiate supervision work on soil and water conservation of projects, promulgated the supervision criterion by which normative supervision system and procedure has been established, and large-scale on-site checking and supervising work has been done in the past continuous 4 years, average above 150 projects were supervised yearly. Through supervision, not only the development and construction enterprises were shocked and began to take on their legal responsibilities and obligations, but also law enforcement work at all level were promoted effectively. At the same time, a number of advanced models on soil and water conservation from development and construction projects have been set up, such as the West-to-East Natural Gas Transportation Project, Shendong Mining project of Shenhua Group in Shaanxi Province, Wanjiazhai Yellow River Water Transportation Project in Shanxi Province, and so on, and has played a remarkable role. Moreover, some pilot work on water and soil conservation in cities has also been done, and played an effective role in preventing and controlling man-induced soil erosion in the process of urbanization.Through the joint effort from all levels of water administration departments responsible for the conservation work in YRCC Precinct, soil and water conservation work concerning the development and construction projects has made a remarkable progress. According to preliminary statistics, in the period of January 2003 to July 2008, all checked and accepted projects at all levels in YRCC Precinct were some 634 items, totally soil erosion control area was about 64,000 hm2, approximately 0.95 billion tons of waste and dregs were hold up at appointed sites, and 0.11 billion tons of man-induced soil erosion had been prevented and controlled, some 3.8 billion Yuan had been invested actually by enterprises to carry out the conservation engineering (see Table 2).Table 2 Statistics of soil and water conservation from development and construction projects inYRCC PrecinctApproved levelAccepted numbersSoil erosion control area (hm2)Control of waste & dregs (106t)Soil erosion reduction (106t)Fulfilled investment(106yuan)ministry5341534.7208.3936.981738.57provincial13410693.5532.6431.75741.73municipality2039248.1207.5939.05874.54county2442400.90.330.55444.06total63463877.1948.94108.333798.904 Existing problems4.1 Man-induced soil erosion still heavyAccording to the statistics,