- - - - - '

: ~ ' , - <I
- _"1 _
;'
<""1'- \, .
': y
. ,
Private Use Permit
Contract
Between The
Forestry Development
Authority
&
The People ofBondi Madingo Ll1iefdom,
Bopo/u Di'itrict; Gharpo/ll County
FD.A
P.O. Box 10-3010
Whein Town, Mt. Barclay
1000 Monrovia, 10 Liberia
November, 2011

REPUBLIC OF LIBERIA)
MONTSERRADO COUNTY)
PRIVATE USE PERMIT CONTRACT BETWEEN THE FORESTRY
DEVELOPMENT AUTHORIITY AND THE PEOPLE OF BONDI MADINGO
CHIEFDOM, BOPOLU STATUTORY DISTRICT, FOR THE HARVESTING OF
88,540 HECTARES OF FORESTLAND LOCATED IN BOPOLU SATUTORY
DISTRICT, GBARPOLU COUNTY, REPUBLIC OF LIBERIA
THIS CONTRACT marle and entered into this 111'\ day of ( l ~
A.D. 2011, by and between the Government of Liberia, through the Forestry
Development Authority, hereinafter referred to as the Authority~ represented by its
Managing Director, Moses D. Wogbeh Sr. and the People of Konigba Chiefdom, Bopolu
District, Gbarpolu County, hereinafter referred to as Bondi Manding. represented by
Tutex Wood Management Corporation (TUTEX), by and tbru Chief Mono Korbo
Paramount Chief, Bondi Madingo, Bopolu district, hereinafter collectively referred to as
the Parties) hereby;
WITNESSETH:
WHEREAS, the Authority is statutorily responsible for the sustainable management and
use ofall categories of forest resources;
WHEREAS, the Citizens of Bondi Mandingo Chiefdom, Bupolu Distriot, Gbarpolu
County, above described, are legitimate and bonafide owners of an aggregated land mass
of 200,840 aeresi88,540 hectares of forested land by virtue of possession tbruugh a
legitimare grant by Grant Land deed;
WHERFAS, by virtue of Section 5.6 (d) (i) of the National Forestry Reform Law
(NFRL) of 2006, copy of said Land Deed under the signature of the Commissioner Sgd.
J. Gbaflen Davies of Gbarpolu County, dated December 3, A.D. 1962 in proof of
ownership of the subject aggregated tract of land is hereto attached and marked Exhibit
"A" in bulk to form a cogent part of this contract;
WHEREAS, in further verification of the subject property, the Ministry of Lands, Mines
& Energy ftnally gives authentication and verification to the said Bondi Madingo
Chiefdom, Bopolu District deeded land through a letter under the signature of Deputy
Minister for Operation (DMD) MLME, Ernest C. B. Jones, Jr. Attache4 also is the said
verification letter marked Exhibit B " to fonn an integral part ofthis Contract;
WHEREAS, citizens including elders and youths of the above named Konigba
Chiefdom, Bopo)u District, have given their written consent to the appointment and
selection of Turex Wood Management Corpomtion (11JTEX), by and tbru Chief Mono
Karbo-Paramount Chief, Bondi Marlingo, fOT the sustainable management of their forest
resources. The said Instrument;;; of Authorization in favor of Tutex Wood Management
Corporation (TUIEX) from the eitizens of Bondi Marlingo Chiefdom, Bopolu District, a
iM {j
/ ...
1
Petition and Forest Utilization Agreement are hereto attached and marked Exhibit "C"
and "D" respectively to fom. an integral parr of this Pennit.
WHEREAS, validation of the area in keeping with Section 5.6 (d) (il) of the NFRL and
Section 61 of FDA Regulation 102,,;)7 shows that the said tract ofland is un-encumbered
and does not overlap with any forestrY designated land use. Said validation report is
hereto attached and marked Exhibit "E" fomting also an integral part of this contract;
WHEREAS, Bondi Madingo is desirous ofcommercializing harvestable tree species on
the said accumulative tract of2oo,840 acres/88.540 hectares ofland;
WHEREAS, the Authority baving examined Bondi Madingo" application and the
requirements of Section 5.6 of the NFRL baving been met, declares Bondi Madingo
qualified for the issuance of a Private Use Pennit that will allow it enter into contractoal
agreement with any company or corporation to carry out said commercial activities; and
NOW, THEREFORE, for and in consideration of the mutoal promises and agreements
herein wotaloed, the parties do hereby agree as follows:
I. Definitions
a. Aulbority: The Forestry Development Authority (FDA) created by an Act
ofthe Legislature on November 1, 1976.
b. Annual Operations Plan: the plan that guides the annual operations of the
Holder
c. Chain of Cnstody: the path of custodianship followed by logs, Timber and
wood pmduets through harvesting. transport. interim storage, processing,
distribntion and export from source oforigin in the forest to end use.
d. Code of Forest Harvesting Practices: a set of standards for
environmentally "mmd furest use prepared by the Aulbority
c. Conservation: the sustainable management and protection of forest
resources to achieve maximum environmental. soc:ia4 economic and
scientific benefits for present and future generations
f. Forestry: the science, art and practice ofconservation of forest resources
g. Forest Resources License: any legrd instrument pursuant to wbich the
Aulbority allows a person, subject to specified wnditions, to extract
forest resources or make other productive and sustainable use of forest
land. This includes Forest management Contra<.1s, Timher Sale Contracts,
Forest Use Pennit and Private Use Permit.
'\
Mi!,I/\
! 1 1/
" ' i
it. Forestland: a tract of land, including its flora and fauna capable of
producing forest resources, or land set aside for the purpose of forestry,
but not including land in permanent settlements and land that Iws been in
long term use for non-shifting cultivation ofcrops or raising livestock
1. Forest Product: any material or item derived from forest resources.
J. Forest Management Contract: forestry contract whicb covers a land area of
50,000 - 400,000 hectares.
k. Holder: a person who holds a valid forest resources license
L Land Owner: a person who owns land by legal title
m. Operator: a person harvesting or making commercial use of forest
resources under a forest resources license, including a person working as
an employee, contractor or other agent for a Holder.
n. Pre-Felling Operations: legal requirements of the Holder before felling of
logs. They include poating of required performance hond; preparation of
initial annual operations plan and preparation of environmental impact
assessm nt,
o. Private U Permit: a forest resource liceme issued by the Government to
a1lowoojnmercial use ofthe forest reSources on private land.
p. Public U Permit: a forest resource license issued to extract forest
resource liom an area less than 1000 hectares.
q. Reforesta1on: the establishment of a tree plantation in a previously
forested lITea that Iws been affected by cutting, fire
l
or some other act of
tree remqval.
r. Societe ale de Surveillance (8GS): the institution/company
responsl Ie to manage the (''hain ofCustody System.
s. Timber S e Contract: a short term forest resources license issued by the
GoverIllIl/:cnt for a period of three (3) years that allows a parson to harvest
timber ill a specified tmct of forest land.
1,1 II
3
2. Metes and Roundsff.clmical Description of Bondi Madingo Chiefdom
Fo....t l.and & Map
Metes & Bounds
Commencing at Vasala Town (U1M 29N 0429984-0899227) a line runs along Ihe motor
road eastward for 940 meter. to a point; thence a line runs N 9 W for 10,070 merers to a
point; thence a line runs N 84 W for 1,230 meters to a point; thence a line runs N 27 W
for 2.320 meters to a point; thence a line runs S 77 W for 1,410 meters to a point on a
creek; thence a line runs along said creek Southward for 7,500 meters to a point; thence a
line runs Due West for 1,890 meters to a point; thence a line runs S 64 W for 3,740
meters to a point; thence a line runs S 55 W for 1,380 melers 10 a point on the Mabe
River, 1henc-e a line runs along said river Southward for 23,040 meters to a point; thence a
line runs S 33 E for 7,010 meters to a point; thence a line runs S 5" W fur 3,560 meters
to a point; thence a line runs S 61" E fur 750 meters ill a point; thence a line S 9 W for
1,620 meters ill a point; thence a line runs S 19" E for 670 meters ill a point; thence a line
runs S 68 E for 470 meters to a point on a creek; thence a line runs along said creek
Southward for 8,330 meters to a point; thence a line runs S 85 E for 10,740 meters to a
point; thence a line runs N 35 E for 2,770 meters to a point; thence a line runs N 44 E
for 3,820 meters 10 a point; thence a line runs N 82 E for 2,250 meters to a po!at; thence
a line runs S 84
Q
E for 3,760 meters to a point; thence a line runs N 49 E for 19,460
meters to a point; thence a line runs N 2 W for 210 meters to a point; thence a line runs
S 72 E for 60 meters to a point; thence a line runs N 6' W fnr 2,800 meters 10 a point on
the GaIn Creek; thence a line runs along said river Southward for 18,530 meters ill a
point; thence a line runs N 25' W for 1,890 meters to a point on a creek; thence a line
runs along said creek Westward for 5,320 meters to a point; thence a line runs N 75 W
for 1,160 meters to a point; thence a line runs Due-West for 800 meters to a point; thence
a line runs N 73 W for 750 meters to the point of commencement embracing a total area
of8!1,54(} heclllres and NO MORE.
rILI,/
tf
3. Map of Bondi Mandingo Fo ....tland
,
4. Contraet Objective
a. To harvest merchantable tree species from 88,540 hectares of tract of land
otherwise called the Bondi Marlingo Forest Land
b. To engage in reforestation ofthe area involving indigenous species
c. To create alternative uses ofthe tract of land after harvesting oftrees
d. To create employment for about 500 locals of the contract area and
lmrrounding towns and villages.
s. Contract Duration
The contract shall be for twenty five years (25) years, it being a size of a F o r , " , ~
Management Contract.
6. Chain of Custody SYl'tem
In keeping with Section 13.5 of the National Forestry Reform Law of 2006 and
sections (1-35) of FDA Regulation 108-07, the Chain of Custody System will
apply doring the life and implementation of this contract. The system so
established for the tracking of logs, timber and wood products from forest to
processing and then to domestic or foreign market shall, be managed by Societe
Generale de Surveillance (SOS) using SGSlHeiveta equipment and software as
provided for by section 3.2 (3) of the Chain of Custody System Management
Contract of2007.
7. Land Rental & Stnmpage Tax
Consistent with Section 5.7(b) ofthe National Forestry Refunn Law of 2006, the
Company shall not be charged to pay land rental tax. However, stumpage shall be
paid consistent with Section 5.7 (c) ofthe National Forestry Refonn Law and also
consistent with Section 11(b) of Regulation 107-07.
8. Other Fees & GOL Taxes
All other fees and GaL Taxes levied on the project shall be consistent with the
Revenue Law ofLiberia and FDA Regulation.
,
-
REPUBLIC OF LmERIA
BONDI- MADINGO CIDEFDOM
BOPOLU DISTRICT
GBARPOLU COUNT
September 24, 2(111
Hon. M..s .. D. wogbeh Sr.
Managing Director
Forestry Development Authorlly (FDA)
Monrovia, Liberia
DOlQ\Hon. Wogbeh Jr.
We extend to you our compliments for and on behalf of the people ofBondi..
M!dingo Chiefdom, Bopolu District, GOOrpoh1 County.
W ~ write to Inform you toot, we hereby request tbat you kindly is.... to us a Private
Us. Permit (PUP) for the rorest land within our Chiefdom whiCh is our holding with
tlJe.Bopolu District/Chiefdom deed. W. hop. that this will give u. the opporlu\lity
t<>,have this area given to Tutex Wood Management Corporation (TUTEX) who
have had some arrangements with the Tribal Authorities to have the forest reserve
for commercial use. t
Thank you very muth for your understanding.
Kind regards;
Sincerely yours;
MonoKarbo
Paramount Chief
Bondi-MOOlngo Chiefdom
- ~ - - ~ - - - - - - - - - -
Sando Corveh
Clan Chief
Samolu Kamara
Clan Chief

,
-2
William K. Mawolo
Chiefdom Clerk
<
George F. Kamara
Elder
SamuolOtto
Elder
SuOOIi Beyur
General Town Chief
Jacks-on Daniel
General Town Chief
Martian Johnson
Youth Chairman
Madam Musu Korveb
ChairLady
James Zuy-Zuy
Youth Chairman
.,-,/\

jI;<
,- -,- ..



..

9. Pre-felling Date
Before Company is certified for reUing, all Pl""feUing operations including the
fuJ10wiug must be completed:
a. Posting US$50,OOO.OO perfonrumce bond
b. Submission ofinitial annual operations plan
c. Environmentallmpact Assessment
d. Social Agreement
10. Empluyment
Recruitment and employment by the Company shall be consistent with Lobor
Low of Liberia and lnternatioual Lobor Organization.
11. Termination
This contract shall be terminated if the company upon notice of breach of any
term of this Contract fails to remedy said breach within a period of (60) sixty
days.
.12. Foree Majeure
In the event of force majeure, which causes either party from meeting its
obligations herein stated, the Contract shall be suspended as long as the force
majeure continues.
13. Duty of Care
The Authority shall ensure that the Compeny maintains environmental quality of
the cutting area and comply with all other conditions consistent with the Liberia
Code ofHarvesting Practices to include:
<l. Water course protection
b. Erosion prevention
c. Prevention of pollution to rivers; streams and other waterways by disposal of
wastes
d. Prevention of fire disaster
The operation shall also be in conformity with international conventions to which
Liberia is a party. They include: the Convention on Biodiversity, the International
Tropical Tlmber Agreement, the United Nation Framework Convention on Climate
1 '
, , J, "
Change, the United Nations Convention to Combat Desertification, the Convention
on International Trade in Endangered Species and the RAMSAR Convention on
Wetland Management
14. Governing Laws
In effecting this Contract between the Corporation and the Authority, the reJevant
Laws of Liberia including but not limited to the National PoreSlty Reform Law
and regulation governing Chain ofCustody will prevail.
15. Binding Eff ..!
This Agreem.ent is binding on the parties, their as if they
\\o'eTe physically present at execution ofthis instrument
In witness whereof, we have affixed our signatures on the day and date tirst
mentioned above.
/D

l
I
I
FOR TBE AllTBORflY
I .. (
I
Approved:
Witne.OIiS Wogbeh, Sr.
Matlaging Director
I
FOR TBE CITIZI,NS OF BONDI MADINIJO CRIEFDOM, BOPOLU
DISTRICT
I

..--...- ..S-
Witness

Florence Chenoweth
Chairman-FDA BOllfd ofDirectors
o
!
,


A DESK STUDY
ON
.. uTHE BOPOLU CHIEFDOM LANDtt
&
.NATURALUSOURCES
..
..
OF
\
,
BOPOLUDIS1lUCl' ..
August 24.1011
ill I /
i
BOPOLU C!!JEFDOMIDISTRlcr DESK STUDY LIIDI PAGEl
,
!
I

1. Summary of Findings
l
1.1 The Land Area

This desk study discovered that the parcel of land which the late President Tubman
conveyed to ChiefBoima Ziamah for himself and his people "BopQlu Chiefiiom"
by Gnmt Deed, is i{t fact all tbatterritory known today as " Ropolu Distrio:;t",
The Deed does have some defects which can be adjusted, but the intention of the

grantor (The President) was to grant the people of "BOpQlu Chiefiiom" title to
land which they occupied,

The study conducted field visits to Bopolu District and held discussions with
officials, chiefs, elders and youths, These visits confirm that what is now known'
as Bopolu District is what, was then known as Bopolu Chiefdom minus some land,
which by settlement have gone to neighboring districts,
,
, The current Bo!opu District comprises of approltimatel:y 562,058 acres instead of
790,982 acres as defined in the Deed. However, the boundaries of the current
Dopolu District, as defined by Shape files produced by LISGIS is not accepted by
the people of Bopolu Chiefdom, A more detailed GPS boundary surveY ~ a y be
required in dne course; but that should not delay any needed development over the
LAND 8: HOUSING OEV"IOPME':!<t'T'
,
,
BOPOLU CHlEFDOMJDISTIUCT DESK STUDY LOOl PAGE 2
approximately 562,058

acres defined by LISGIS as being part of Bopolu District

The effect of any subsequent field bounqary identification exercise .could be the
adding of a number of towns identified by the People of Bopolu and neighboring
chiefdoms as being part of Bopolu Chiefdom; but left outside by the LISGIS
delineation.
This repOlt contains maps showing the boundaries of Bapotu Chiefdom (a) as
reeoguized by LIS<\fIS and (b) as claimed by the people afBopolu.
The claim of several towns being part of Bopolu District and not belonging to
Gbarma District Qf Belleh District or Bokomu District as shown on the LISGIS
map, have been confirmed by independent sources both within the district and at
the Liberian Cartographic Service (LeS) of the Ministry of Lands, Mines &
energy .
It seems .cJear that the Boundaries ofBopoJu District need to be redrawn. This will
require the combined efforts of the Ministries of Internal Affairs, Lands, Mines &
Energy, Planning etc.. or
through the National Boundary
Committee which is chaired by
the Minister of Intefllll!. Affairs
co-chaired by the M i n i ~ t r y of
Lands, Mines & Energy.
While this exercise may be
necessary, it should not be used
as a reason for any delays in
the implementation of
development andlor
commercial activities. The.
area.s currently delineated as
being Bopolu District are
certainly within Bopolu
District. Additional areas may
be reclaimed laler, and
therefore the FDA or ' the
MLME should not withhold
approval of resource rights
requested by the people of
Bopolu because of boundary
claims.
B0POLU ClUEFDOMIDlSTRICT OI3SK STUDY LlIDI PAGE 3

1.2 Natural Resources
Bopolu District is richly endowed with numerous natural resources. This report
shows the Mineral and forest resources on various maps.
1.2.1 Forest Resources
\
....;.,. Over70% of the bind area of land area of Bopo\u District is covered by forest of
. " various intensities. Included in this report is a map showing areas eneumbered by
forestry concessions, timber sales contracts, protected areas and forest plantations.
In spite of these encllUlhrances, there is still a very large portion (approximately
35% of the District land) that is unencumbered and could be available fur
community furest. The unencumbered portions of furest land are largely in
Gonllbayah and Bopolu (Bondi-Mandingo) Chiefdoms. Most of Koninga
Cbiefdom is shown as encumbered. .
This informstion may have to be updated by FDKs GIS section. The data was
obtained from DeW shape files avai1ah.le ut l"pA {![I!l H8G!8.. These ,,,,11 I C ! . , ~ to
be uPdsted as FDA grants new licenses/contracts. '.
1.2.2 Mineral Resources
Bopo!u District is also richly blessed with Mineral Resources. This report contains
maps showing the Mineral Potential and the Mineral Ststns. The principal minerals
are G61d and Diamond; but there are also indications of copper, manganese and
iron formations.
The Mineral property map of
Liberia shows that almost the
entire district is already issued
out to potential investors 'either
asMinera1 Reconnaissance
LicellSe, Exploration License
or Mineral Development
Agreement.
However there are numerous
small holder (ClJIss "B" and
. Class "c" mining Licenses
issued to local people.
BOPOLU CHlEFllOMIDISTRlCl' DESK STUDY LHDI
PAGE 4

A Bopolu District Development CorporatioD, if it existed, could do well to acquire

some mineral fights and invite potential investor to joint venture, The status of
mineral rights will require more in dept investigations; but the people of Bopotu
District are encouraged to seek partnerships aild joint ventures with serious
poteotial investors in the mining sector,
As landlords the Bopolu people do have certain rights to uatural resources .situated
ou their land, The Forestry sector bas by taw recognized such rights and made
provisions for collllBuuities to benefit A remiou of the Mineral and Mining Law
of 2000 is imperative and pending, The People of Bopotu should now make
representations to the Minister of Lands, Mines & Energy in an attempt to seek
c0mparabte reoognition of their rights as Grantees of the Aboriginees Gran! Deed
issued on 1 January 1947 in fllvor ofChiefBoima Ziamah fur Bopotu Chiefdom,
L2.3 Other Resources

Bopolu District does have many other natural resources such as good funning land
I
for industrial agriculture, an abundance of rivers and streanJJ>, mlllly with good

potential for Hydro electricity,

A detail study of these resources should be the target of the County development
. program.





II.

,. 'i, '
BOPOLU CHlBFI)OMJDISTRICT DESK STUDY LHDI
PAGES

2. Introduction and Content
Land & Housing Development Inc. was contracted in December 2010 by the
people ofBopolu Chiefdom to conduct this Desk Study.
This Report presents the findings of the Desk Study. As prescribed in the Tenus of
Reference (TOR), it inclndes, (i) a description of the methodology adopted and
activities implemenf;ed (ti) the outcome of consultations with various stakeholders,
and (iii) a set ofmaps and data consistcot wit11 what was prescribed in the Terms of
reference (TOR).
3. Background
In November 20 I 0, the Ministry of Lands, Mines & Energy conducted a review the Aborigine.s
Gratit Deed issued on 1 January 1947 in favor of Chief Boima Ziamah.fur Bopolu Chiefllom, as
recorded in Volume 87D page 208; and submitted its findings to the Forestry Development
Authority (FDA) for its consideration. The purpose of this review Wl!S to provide expert's
opinions and answers to the following questions:
I. Did Presiiknt WIlliam V. 8. Tub_really grant 79if,98: acres of[awl to ctdt(Boima
Ziamah for the BopolU Chiefdom;
1. Ifso, was tire grant legal? Didthe President lia tirepqwerto grant such /anti? dntl
3. Wital rights tines ...ch a grant confer upon ctdt(Boinw. Z"lIlIItaIt andlor the Chiefdom
ofBopolu?
The are summarized below as fullow:
1. Yes, the Deed and other references (oral and writtm historical repards and analysts) do
provide sufficient evidence that President William V. S, Tubman did grant such. large
track ofland to Chief Bairn. Ziamah fur the Chiefdom ofBopolu. The fact that the Deed
was executed in 1947 and only regisrered in December 1962 doe. not negate its validity;
although it may be a defeet in cases against ether instruments "".cuted and probated prior
to 3 December 1962. In fact, considering the size of this parcel of land (780,982 acres),
and the very large number of public land sales effected between 1947 and now fur
properties.wilhinBopolu Chiefdom, the most prudent approach would bela consider all
Deeds issued by any President up to this date, fur portions ofthe said property, as Good I
,
and Valid. The residual, unencuethered portion of this Gratit still constitutes a sizable ,
,
trn<:k of land which can and should bring substantial benefits to the people of Bopolu
Chiefdom.
2. Yes, President TuI)man did have the power to is.ue such a grant. It was an established
policy of the Government at the time; and there was precedence. In 1938, President
Edwin r. &rclfy signed an Aborigines Grnnt Deed fur Six Hundred Ninety Thousand
(690,000) AcreS of land, to the Chiefs, Elders and Citizens of BeUe Chiefdom. By 1947
there were several legislations permitting the President. to grant land to aborigines, with 11
actually no limitation on' the, size of the huN. 5f'lmtoo. m ilVvt Gf": u\clple
f1. If}.... -Iii:.. \
BOPOLU CHlEFDOMIDISTRICT DESK STUDY LHDI PAGE 6

was that Their respective domains must be of sufficient size to meet their livelihood
needs"}; as suclt it was possible for the President 10 grant an applying chiefdom all the
land contained within the said chiefdom,
3, The granting ofthis Deed does not and should trot be construed to convey fee simple title
to Boima Ziamab and ills heirs and assigns; neither does it grant ree simple title to all Iht\
people of Bopolu Chiefdom "in COlJlll1On", However, as permitted by existing
legislalions', it conveys communal land title 10 all the people of Bopolu Chiefdom, The
principles laid down by the legislatures existing at the time are summarized in a study
commissioned for the FDA as outlined helow ':
\
a Territorial title to Liberia in tbe Sovereign State,
b, Property title in the Hinterland belongs to respective trib"., irrespective of
whetheror not they acquire alld hold offiCial deeds describing those areas,
c, Their respective dvmains must be ofsufficient size (0 meet their livelihood needs.
Ii. Tribes may COlwul their estaws into a foe simple communal holding, as lang as
theypayfor the prerequisll<! survey themselves.
., In such cases the chiefwill hold the land as trusteefor 1M community.
J . The only condition of receiving foe simple titles will be that the land cannnl be
sold Of tran:iferreli.
g. However the tribe may in due course, if it wishes, petUion gcwemment 10
subdivitk; the entitlement llltO 25 acrefomily lois.
h Non-members may rent fond in the domain (i.e. not own it). Chiefs were
encouraged to take up the opportunity
The review concluded that although there are some errors in the Metes
and Bounds contained in the Deed, the people of Bopolu Chiefiiom cannot be
denied the rights to the tribal and community land situated in Bopolu Chiefilom on
the basis of minor irregularities that may have been observed in this Grant Deed.
The reoommendatioll8 ofthe Ministry's Review are as follow:
4,1 That Bopolu Chiefdom be allowed to benefit from leases to be accrued from
the exploitation of community forests situated within present-day Bopolu
Chiefdom; provided however that all titles granted by Public Land Deeds
duly executed, probated and registered fur properties within the Chiefdom
will take precedence and be COllsidered superior title to the Community land
rights;
1 Chapter 2 _ lAW and the qustomary right to land 'So who owns the forest? an {l'Iwifligation into tlU:.f$lJ!J!,&Yshil!

and customarv landrights in Liberia by LizAlden Wilyn
2 The word "legislation" iq usedhere in fts broadmeaning to include specifically the Hinterland Laws and
Administrative ReguJalwns (1905. 1925, 1929. 1936and 1949)
3 Same as ref J afKwe,
,---------,-----,,-...
1
BOPOLU CHlEFDOMIDISTRlCT DESK STUDY LHDI
PAGE?

4,2 That Bopolu Chiefdom be required to conduct, within eighteen (18) montllS,
a comprehensive re-survey of the boundaries defined in the Grant Deed
under re,iew,
4,3 That the re-survey must be. preceded by a comprehensive Desk Study to be
c.ondu()ted in keeping with the following basic TermJl ofReference:
The Desk study. shall produce detailed maps a/the property defined in the
Deed, based jon existing topographic and thematic maps and other
geographicinformaiion; as well as a well documented report.
The outputs vf the Desk Study shall include:(a) a map showing all of the
rivers, towns, Mountains referred to by the Metes and Bounds contained in
the Grant Deed (0) a map showing the political boundaries of all the
Chiefdoms and Clans mentioned in the Grant Deed, as they were knawn to
be in 1949 (e) a map combining a & b above; (d) a computation of the
acreage ofwhat was Bopolu Cmffdom at the time - as shown on the above
said maps; (e) a plotting of the Metes and Bounds of the Grant Deed
superimposed onto the map defmedabove in (c); and a determination ofthe
gaps in the descriptions contained in the Grant:Deed.
,
The Study must be done by a competent local consulting fum with expertise
in surveying, mapping and land consultancy, to be approved by the Mihistry
ofLands, Mllles & Energy,
4,4 That the completion of the desk study must be a pre-requisite 10 the granting
of community forest rights, The geographic information to be produced by
such a desk study are extremely necessary for managing competing interests
of the Chiefdom and other neighboring Chiefdoms, the County and the
Central G.ovemment, and avoiding possible conflicts, On the o t h ~ hand,
without adequate infonnation, the tendency is that resources and
development opportunities tend to he stagnated out of fear of J)()ible
cooflicts,
,
l


-'b'f!t/(UlI'O
Republic of liberia
.

. Ministry of Lands, Mines & Energy
(i)
o. Sox 10--902.4, Monrovia, liberia
.INTER-AGENCY MEMORANDUM
t
t
TO The Managing Director
Forestry Development Authority (FDA)
The Minister
Ministry ofLands, Mines & Elretgy

I \ From Ernest C. B. Jones, Jr.
Regisrered Land Surveyor I Land Consultant

Deputy Minister for Operations (DMO) I MLME
I
SUBJECT Review ofAborigio_ Grant Deed in favor of
for Bopalu Chlelllom, as recorded in Volume '87D page 208
I
Wedoesday, November 03, 2010
I
EXECUTIVE SUMMARY
This report is in fulfillment of a request by The Managiog Director of Forestry Development
Authority (FDA) , to review the Aboriginees Grant.Deed in favor of Chief Bohlaa Ziamah for
Bopolu Chiefdom, as recorded in Volume 87D page 208; and to subrult the findings of said
i. ,: review to the Forestry Development Authority (FDA) for.jts consideration. My understanding is
that the purpose of this review is to provide an expert's opinion and answers to the follo"1ng .

questions:
r--j 1. Did President William V. S. Tubman reaJly grant 790,982 acres ofland to Chief Bohlaa
Ziamah far the Bopolu Chiefdom;
2. Ifso, was the grant legal? Did the President have the power to grant such land? and
3. What rights does sneh a grant confer upon Chief Boima Ziamahand/or the Chiefdom of
Bopolu?
This review of the eforemeorioned Deed was made a10ag with other instruments (reference
materials) relating to tribal land rights. The findings are SllIllJIUl!'ize below... follow: .
1. Yes, the Deed and other references (oral ami written historical records and imafysis) do
provide sufficient evidence that President William V. S. Tut>inan did grant such a large
track of land to Chief Bohlaa Ziamah for the Chiefdom of Bopolu. The fact that the Deed
. . . ;.t"
SUlWiYQII'S LICE/ICE
_E.C.e.J.....,
t .... MAni
j, Qlli..r;St 9Jh;fdQn) I NoV. eebl L' @

was executed in 1947 and only registered in December 1962 do .. not negate its validity;
although it may be defect in cases against other instruments executed and probated prior
to 3 December 1962. In fact. considering the size ofthis parcel ofland (780,982 acres), and
the very large number of public land sales elfected between 1947 and now for properties
within Bopelu Chiefdom, the most prudent approach would he to consider ali Deed. issued
, by any President up to this dsle, for portions ofth. said property, as Good and Valid. The
residual, unencumbered portion ofthis Goant still constitutes a sizable tracl< ofland which
can and should bring substantial benefit. to the people ofBoporu Chiefdom.
2 Ye" President Tubman did have the power to issue such a grant. It was an established
policy ofthe Government at the time; and there was precede""". In 1938, President Edwin
J. Barclay signed an Aborigines Grent Deed fur Six Hundred N"mety Thousand (690,000)
Acres ofland, to the Chiefs, Biders and Citizens of Belle Chiefdom. By 1947 there y;ere
several legislations permitting the President to grant land to aborigines, with actually no
limitation on the size ofthe land thst oouId be granted. In fact the principle was thst" Their
f
respective domattis must he qf sufficient size to meet their livelihood needs"}; as such it
,
was possible for the President to gl1l!lt an applying chiefdom all the land contained within

the said chiefdom,
(
,
t
>. The gronting ofthis Deed does not aod should not be construed to convey fee simple title
to Boirn. Ziamab and hi. heirs and assigns; neither does it grant ree simple title to all the
people ofBopolu Chiefdom "in conunon". HoWever, as permitted by existing legislations',
it conveys conummal land title to all the people ofBopolu Chiefdom. The principles laid
down by the legislatures existing at the time are summarized in a stody commissioned for
the FDA as outlined below':
a. Territorial title to Liberia vests In lhe Sovereign State.
. , >
b. Property title in the HiIrlerland belongs to respective tribe., irrospective qfwhether
ar not theyacquire andholdofficialdeeds descrlhing those areas.
f
i
!
r
..
r
c. Their rospectiw domatos _be qfsujJicle11l site to meet their livelihood needs.
d. Tribes may convert their estates into a fee simple communal holding. as lang as
they pay for the prerequisite survey themselves .
.e. In such.cases the chief will holdthe land as _ forthe COJJlImRIlty.
j. The only condition qfrecetviJtgjee simple titles will he that the land cann(J/ be sold
or /rtmsftrred.
g. However the tribe may in due course, 1ft! Wishes, petition government 10 subdivide
the entitlement Into 25 acrefamily lots.
h Non-memhers may rent land in the domain (I.e. not own /I). Chieft were
encouraged to tab up the opporlunity
, Chaplr 2 - Law .m!the CUSftJmIVy right to land 'So wfw _ 1M 1i/r J!?:An 'lWeif!!gg!iQ1f iplIi [OW! fllflIIZshlil
and custqlm'!!Jt-l<md. rtglilL In Libllrlq by Liz Aklen Wlfyn
1 The word "legislation" Is used"isere In Its bl'OtJdmeaning to include specifically the Hinterland Laws and
Admini.'trallve &gII/atlons (1905. 1929, 1929, 1936and 1949)
:; Same as reJ 1 above. ., I
'"

ItMg-MlMSJ.. Gmm l NQ\t.l. 10 l eebj I P,age 3
1. ANALYSIS
This review included detailed analyses ofthe technical elements of the Grant Deed;
the findings ofwbich are ontlined below.
The Form and Text of the Deed
The form and text ofthe Deed under review are consistent with all other similar
'G,'ant Deed ofthe time: '
Toe 1938 Grant Deed to the Belle Chiefdom reeds:" Whereas it IS the froepolicy oftlris Government
- , . , -'-alice the AbQrigines a/the Country to adopt CMlization and to become loyal citizens to this Republic
- " H'hereas one o/the bes{means- thereto Is to grant lands infoe simple a/those showing themselvesfit to
- -t t!'uyusted with rights and duties offoil- citiftlUhip as voters and whereas the Chiefs, Elders and Cittze113
,,' Belle Chiefdom Western Provinctt have slwwn themselves to be persons fit to be entrusted with said
-. and duJiea, Now Therefore Knaw Ye. TIIat 1(If tmd in consideration of_the Wlricus duties 0/
. . ('ili:en,hlp ltereufter to b.legally perfornu:d by the said Cldefo, Elders and Cit4.ens ojBelle Cldeftlcm.
:! . em Province. 1. Edwin J. Barck1y President <iftheRepob/lc ofLibertaJor myself and my successors in
.'., "',' ':t' have grant and by these presents do gtve, grant and confirm unto said Chiefs. Eldsrs, and Citizens of
' "jICllr.:J
",,; 1 ejuom ...
U
This 1947 Grant Deed to tbe Bopolu Chieftlomreads the same except tbat (a) it appoints the Chief
',Boima Ziamah as trusiee, and (b) it adds a legal requirement of the payment of One (1) dollars. It
',ea(ls: " Whereas it Is the true policy ofthis Government Ie induce the Aborigines ofthe Coyntry to
Civilization and Ie become loyal cltlzimS fJ) this Republic and Whereas OM ofthe best tiletms
I#.."eto is to grant lands inlee simple oftlwse sIwwing themselves fit to be entrusted with rights
"nd duties offit/I citizenship as voters and whereas Chief Bo/ma Ziamah for the Bopolu Chiefdom
'.. has shown himself to be person fit Ie b. entrusUJd with soid rights and duties, Now Therefore
Kllow Ye. Thatfor and in consideration oflhe srun ofOne dol1oI' paid Ie the RqublU: ofLiberia
and the vaJiOUJl duties of Citizenship /u:reofter to be legally peif0nne4 by the said ChkfBb/ma
Ziamah for the Bopolu Chiefdom, 1. William v: S. Tubman. Preslden! ofthe Republic <ifLiberia,
.,i" myself and my sUccessors In Office have grarrh!d and by these presents do give. grant and
"ollfirm unto said Chief Boima Ziamah for the BopoIu Chiejdam, ...
A fme comb of the text may reveal some minor differences; but those cannot
constitute grounds for negation of the validity of the Deed, once the intention of the
. to grant the land to the people ofthe Chiefdom.
The Metes and Bounds
Metes and Bounds ofthe parcel of land contained in the Deed attempt to define
very large track of land by the lengths and directions of boundary lines; but when
bOWldaries are rivers or creeks, the Mets and Bounds simply name the river and
for example" ... thence by a serles ofbeartngs along the Turn Creek South ... "
define the limits of the property.
1/1;\ //
of Sopolu It!efdom Gf'!fif; Pee! 3, lql !!ChIt Page 5 (i9

Court, Mo. Co. Proliated this 3td day of Dec. A.D. 1962, Sgd. S. E.
lams. Clerk, Monthly and Probate Court, Mo. Co. Registered according to law
S' -D Page 208 Sgd. E W. Sm;illwood, Reg. Mo. Co.
-' 0f such records have been destroyed and are not recoverable. It is advisable to
" . :.' register and probate the report (Surveyor's Certificate & Map) resulting from
,'. ".anre survey. It is imperative to register the resultant area after a survey, given
00undaries may change and during the survey other parties may come fortb with
daims to parcels within the larger area.
CONCLUSIONS
:111e 1l may seem strange that such a large tr!!clc ofland was grantedto the Bopulu
however, tbis review finds that it was normal in those days that the
,n,,,"lent would issue Aboriginees Grant Deeds for all the land claimed by the
'. ':e :,,:,acing of the original record for such Deeds often proVes difficult, given the
, circumstance of the country; however, one of the key principals enshrined in
c:< i at! ons existing at the time is that "'Property litl. in the Hinterland belongs to respecftv,
-.' -' rrespecftve ojwhelher or not they acqtdre andhold qfficial deeds describing tiw:s<: areas",
, :he political circumstances of those days favored the issnance of such Gran1
i
There are some errors in the Metes and Bounds OOI1tained in the Deed; hence thl
Ix>uudaries may not lie absolutely definable based on the said Mets and Bounds
h0\\e\er, the said Metes and Bounds rely heavily on uatnral features am
'C'3J inonally accepted boundary marks (Hills, rivers, creeks, towns and knOVl
,:'"eidom and clan boundaries)wbich can lieretraced on the ground. Hence, thf
prvperty can be re-demarcated and defined on the ground through a field survey.
In essence this review concludes that the people of BQPolu Cbiefdom cannot b,
denied the rights to the tribal and community land sitnated in Bopolu Cbiefdom 01
the basis of minor irregularities that may have been observed in tills Grant Deed.
I n consideration ofall ofthe above, I make the recommendations outlined lielow:
.l3
SUIWCYoA'S li'CEiii
c
Hamt: E.C.S. Jones J
U''''O.11
t'U: I 'Den.
DM0-MJJ\;jjUJltwieW 9ff!;QRQilI Chiefdom Grant PwFd I Noll',:t 10 I abI l I!age S

Court, Mo. Co. Probated this 3'" day of Dec. A.D. 1962, Sgd. S. E.
hams, Clerk, Monthly and Probate Court, Mo. Co. Registered according to la;w
Page 208 Sgd. E W. Sm;tlIwood, Reg. Mo. Co.
0f snch records have been destroyed and are not recoverable. It is advisable to
:.' register and probate the report (Surveyor's Certificate & Map) reselling from
:,llure survey. It is imperative to register the reseltant area after a survey, given
io,>lmdaries may change and during the survey other parties may come forth with
. ,j claims to parcels within the larger area.
CONCLUSIONS
';",,, 1t may seem strange that such a large track of land was granted to the Bopelc
Chtefclom: however, tbis review finds thet it was normal ill those days that thl
","<elll would issue Aboriginees Grant Deeds for all the land claimed by thl
" :e:racing of the original record for such Deeds often proves difficelt, given th(
,c,..11 Circumstance of the COWltry; however, one of the key principals ensbrined i1
;. ,jar Ions existing at the time is that "Property title in the Hinterkmd belongs torespectlv.
'., i 'respective o/whether or not they acquire andholdofficial deeds describing those areos"
. : he political circumstances of those days favored the issuance of such Gran
.,
j
. There are some errors ill the Metes and BoWlds contailled ill the Deed; hence th
"'-'uodaries I11llY not be absoluieIy definable based on the said Mets and Bounds
h,:>1\ e\er, the said Metes and Bounds rely heavily on natoral featores an
,'Jdmonally accepted boWldary marks (Hills, rivers, creeks, towns and knO\
chiefdom and clan boundaries) which can be retraced on the ground. Hence, th
pr"perty can be re-demarcatod and dafined on the ground through a field survey.
In essence this review concludes that the people of BQPolu Cbiefdom cannot b
demed the rights to the tribal and community land situated in Bopolu Chiefdom 0
rhe basis of minor ilregelarities that may have been observed ill this Grant Deed.
In consideration ofall ofthe above, I make the recommendations outlioed below:
RECOMMENDA!I1IONS
the exploitaoon,Qf . . .
Chiefdom;
executed,
precedence 1Pld,be
review.
. - _, r _.' '-y - -
The Desk
Deed. based'en existing
tnfonnatton; as well as a
-<
The outputs of the
towns.
the Grant Dee4(b) a "T/I4P
Chtefdomsmu/ Ckms . . .
In 1949 (a) a map
ofwhat . .
(e) a
the map.
- -, - - -
..,,".', -
.
Centtl)1.Govemment;.
without adeqillite .
opportunities
In

, ,
'XO ALL !t'O ,WOk ';fllESE
tho C .vol"r.mtont" t. lndu.o,o
11,tl'.l.t.ion and t: . ,b't.O:Ot4o'
-1' tho
t,h"IHI tha'lluJ,ayv:"'t1'
o( rull oitl."nobip' ,1no.Abig
Zlalll'(l,h rar thn .J3I)PC;tu "'.1i;'rd,."
\.;'0 on-truatod' wi th.
, '.
4u1d -Chic f tJ01.1aa-
Qt tho aum G,t' /;on" '. ,dol
wutin4t ,'od e1tizf>TIah1-p' .. ),
chiof 'Z.tWlll.1,' r_r thl' ,'89PQl.if
<Ii tho R(}Pun110
. -.,
t:rn.nte4.and by tl?;cos .
CIl1:<rt. r"or :_
.fj.nd elgn:u. :tor'.:'o;';.
1111'S "no .lng
in t.ho _%"eo'ordll fit l5i1d' :O:ov.nt1
. " ,. ,
- ;r.llo'.J,:l S - 'C-$rombM'in-g; thO'
. ' gout"
'ou ,'1:.1\4 Wout
:i(H.l:tb. 0'0 dogroe:t

}4Gotnrn 'tOL"l':1.
l
t<)l'""' ,
tlllgno,t10
9r 6 Pl11cs
:'boo.:ring
O).an
t4)rm th
.. Sc>,itt,
0.0'1.0.., _a " ....
!l,'longt>h
o
mn.. to, E""t,cr",'J
magno-tic
f roo'" 0,..".:L' lII',J.<>'
nil. "!"
t"ho T"rrl
South 1S
- ,,4 oCS or
tbenoc. Utll"...
W(t.B,t
v:r: <:J.02 m1l.o
a
,
( v.)
tU(lno tI (l 0 .
.r .. l.5 . .,iiil
--zt-po ,Hill 'amt
Aero.!) no moro'eo
'J'O JlkVl!: kND''t9
., tngu ..
h., lc;nglni.;., .the '(fQ.ld, vnu.
/0 '-;;_''"__c
b t tl \lOirtl, I ;"d::i:1\:,f
William- V ..
in oficC' ,dO' ,Q:>)t.o.'Wl1/,:'j;.
Uop"lu
V. 8. 'I'utnnn:n, ,yrod1.Q:o'tlt_:.
right and oon.'"
'And 3: th., o.,a1.d
21wMh :r .. V
. '.
amt #fSlJign's jllKil1nB1;- .thP"
.a.n:r lJar t -.itI,ovo'-;'Elrntj
Ill.
- n.'
itn'gl's'trnl", lit:). 00.
,. I ""''';.''''!':<Il
,'''''' ,'.,
iit}.''':I",,2>I:.:.'.'OM1i.J:,r;...:

AMl\IGIl1J!:ES GRANT O.!!ED: <Tom ,A,
!loPQlu ObJ,o-tdc'ul,,. L.'t;;, :tf ., ,
1l1At. Thi!! a. ,Sg.ij.
lHHI Probn to Mi:. .flo. .:3rdtir .
.. S. E. lHJ.'l11ru:!Hf"i ClOr-k,
lCb ..Z(I!"";'?ii!l :E.:\{.
I ' "--,
.,
.
I
,
, '.
,,'
..
, . - -
" ,
TO
'Ghl_rqlrtl. QS
",,-,tho ,.r li4uti:l
}'f'ohlVCtb ..t' tho
"', '
,-,
Forestry Development Authority
P.O. Box 10-3010
Whein Town, Mt. Barclay
Montserrado County
Monrovia, Liberia
MEMORANDUM
TO: VVogbeh
Managing Director,
FROM: John D. Kantor, Sr.
Technical Manager, R&D DA
Torwon T. Vanta
Acting Manager-GIS RSIFDA
Subject: Validation Report ofBondi Madingo Chiefdom Deeded Land ProperlY
in BoDol" District Gbaroo/u County
DATE: October 20,2011
Background
Predicated on a communication under the signature of Chief Mono Karbo, Paramount Chief
Bondi Madingo Chiefdom, Bopolu district, requesting the Forestry Development Authority to
authenticate, verify and issue Private Use Permit (pUP) for a Deeded Land area situated and lying
in Bopalu District, Gbarpolu County. A team of technicians from the FDA was mandated to visit
Bopolu District property for detail ground truthing, capturing of Deeded Land marks and
sightseeing of the area for management's reaction.
In light of the above, two surveyors and three Global Positioning System (GPS) operators,
traveled to the land under consideration to conduct a joint ground truthing exercise of the area
along with the tribal people and company representative.
Field Patrol
During the period October 13-18, the joint team patrolled a significant portion of the area and
gathered detail information relating to ongoing multiple uses of the area, types of vegetation.
topology, and livelihood ofcommunities' dwellers within the parameters ofthe forest.
Forestry Development Autho .
Findinn
Following an intensive tour by the technicians. we observed and authenticated that:
.:. Indeed the Deeded Land area overlapped with the Forest Management Contract Area "'D"
located in Bondi Madingo Chiefdom, Bopolu District, Gbarpotu County;
.:. Total area of Bondi Madingo Deeded Land Area covered by FMC Area "n" is 19.647
uectaresl48,548 acres;
.:. Significant portion of the area is suitable for harvesting (commercla11ogging);
.:. Topographically, the entire land mass (J-f Bondi Madingo deeded land area submitted to
FDA is mountainous with many major water a y s ~
.:. The area is truly located in Bondi Mooingo Chiefdom, Bopolu District, GbarpoIu
County;
.:. The area was plotted on the field by GIS Technicians using precision gadget;
.:. The commencement or .starting point of the Bondi Madingo Deeded Land property is
Northing 0429984 and Eastern 0899227 (Universal Traverse Mercator) on the surface
of the earth.
In view of the verification and conflrmation of these documents by the Forestry Development
Authority, ooupled with our ground truthing (October 1318). we herein recommend that:
:I: That the deed be forwarded to the Ministry of Lands, Mines & Survey, especially the
Minister of Lands. Mines and Energy for authentication. After authenticating the deed
and fuund Jegitimate. the FDA should perform the below activities;
* As per National Forestry Refonn Law (NFRL) of 2006 provision in chapter five section
5.6, we therefore recommend that FDA Management issue a Privatt; Use termit for
Land totaling 218,781 gqesIII.$4Q heclares to the people of Bondi Madingo
Chiefdom, Bopotu district in compliance with an relevant requirements of this section
(particularly section 5.6 C (I, ii, iii) and d (i. ii, iii, jv. v, vi) respectively,
Cc:
AMDA
l.awOffice
1M Research & De\'e!opment
TM Commercial Department
File