Attachment 5 - RCE_DCN_2020_KOS_040 for Property Governance.pdf

DCN: 2020-KOS-040

REQUEST FOR CATEGORICAL

EXCLUSION1

PROJECT/ACTIVITY DATA

Project/Activity Name: Property Governance Activity Geographic Location(s) (Country/Region): Kosovo/ Europe and Eurasia Amendment (Yes/No), if Yes indicate # (1, 2...): No Implementation Start/End Dates (FY or M/D/Y):

June 2021- June, 2026

If Amended, specify New End Date:

Solicitation/Contract/Award Number(s): N/A Implementing Partner(s): N/A Bureau Tracking ID: N/A Tracking ID of Related RCE/IEE (if any): N/A Tracking ID of Other, Related Analyses:

ORGANIZATIONAL/ADMINISTRATIVE DATA

Implementing Operating Unit(s):

(e.g. Mission or Bureau or Office)

USAID/Kosovo

Other Affected Operating Unit(s):

Lead BEO Bureau: E&E Funding Operating Unit(s):

(e.g. Mission or Bureau or Office)

USAID/Kosovo

Funding Account(s) (if available): N/A Original Funding Amount: $10 million If Amended, specify funding amount: n/a If Amended, specify new funding total: n/a Prepared by: Perihan Ymeri Ustaibo Date Prepared: October 30, 2020

ENVIRONMENTAL COMPLIANCE REVIEW DATA

Analysis Type: X Request for Categorical Exclusion ☐Deferral

Environmental Determination(s): X Categorical Exclusion(s) ☐Deferred (per 22 CFR 216.3(a)(7)(iv))

RCE Expiration Date (if applicable): June 2026 Additional Analyses/Reporting Required:

Climate Risks Identified (#): Low ___0___ Moderate ___#___ High ___#___ Climate Risks Addressed (#): Low ___0___ Moderate ___#___ High ___#___

1 USAID/Kosovo Property Governance Activity

EUROPE AND EURASIA/ USAID/KOSOVO/ PROPERTY GOVERNANCE ACTIVITY

RCE TEMPLATE VERSION 3.1

THRESHOLD DETERMINATION AND SUMMARY OF FINDINGS

PROJECT/ACTIVITY SUMMARY

In Kosovo, weak systems of property rights in land and housing have resulted in high rates of informal property (whether ownership or renting), widespread gender discrimination, and low levels of information transparency, among other factors. Kosovo’s generally weak property rights system is a persistent source of corruption and gender discrimination while also discouraging market efficiencies and investment. These problems are most evident at the governance level that is the closest to citizens’ everyday life - the municipality. Municipalities lack clear procedures, tools and practices for managing property related tasks, such as by-laws or administrative instructions and other property related mechanisms which leads to weak implementation of laws at the municipal level.

The Property Governance Activity aim is to improve the property rights system in Kosovo in order to reduce corruption, increase women’s empowerment, and improve formal property rights. This will be done through technical assistance to local institutions and engagement of citizens, civil society and private sector stakeholders.

ENVIRONMENTAL DETERMINATIONS

Upon approval of this document, the determinations become affirmed, per Agency regulations (22

CFR 216).

TABLE 1: ENVIRONMENTAL DETERMINATIONS

Projects/Activities Categorical Exclusion Citation (if applicable) Deferral2 Activity Name: Property Governance Activity

Categorical Exclusion ☐

(1): Increase formal property rights by standardizing processes and practices in municipalities;

Categorical Exclusion ☐

(2): Increase civil society and citizen active engagement with institutions regarding property rights

Categorical Exclusion ☐

(3): Engage the private sector to strengthen Kosovo’s property rights regime

Categorical Exclusion ☐

CLIMATE RISK MANAGEMENT

The climate change screening analysis for the entire Mission’s activities was updated in January 2020. The climate risk screening under 2.2 of this RCE has been completed and rated low. No climate change considerations are identified. If during the implementation any climate change considerations are identified, they will be taken into consideration on how the activity will affect or

2 Deferrals must be cleared through an Amendment to this RCE prior to implementation of any deferred activities.

RCE TEMPLATE VERSION 3.1

be affected by medium, long-term climate change impacts (changes in rainfall, temperature, length of growing season, land conversion, etc.) and how the activity should be adjusted in consideration of climate change vulnerabilities.

BEO SPECIFIED CONDITIONS OF APPROVAL

IMPLEMENTATION

In accordance with 22 CFR 216 and Agency policy, the conditions and requirements of this document become mandatory upon approval. This includes the relevant limitations, conditions and requirements in this document as stated in Section 3 of this RCE and any BEO Specified Conditions of Approval.

RCE TEMPLATE VERSION 3.1

USAID APPROVAL OF INITIAL ENVIRONMENTAL EXAMINATION

PROJECT/ACTIVITY NAME: Property Governance Activity

Bureau Tracking ID: ______________________

Approval: Lisa Magno (approved) Lisa Magno, Mission Director Date

Clearance: Zeinah Salahi Zeinah Salahi, Deputy Mission Director Date

Clearance: Rebecca Hammel Rebecca Hammel, Regional Legal Officer Date

Clearance: Perihan Ymeri Ustaibo Perihan Ymeri Ustaibo, Mission Environmental Officer Date

Clearance: Christina Davis Christina Davis, DGO Director Date

Clearance: Perihan Ymeri Ustaibo DGO, Project Management Specialist Date

Concurrence:

Poojan Tripathi, E&E Bureau Environmental Officer Date

DISTRIBUTION: Activity Manager, MEO, IEE file

PROJECT AND ACTIVITY DESCRIPTION

1.1 PURPOSE OF THE RCE

The purpose of this document is to establish that all proposed projects/activities belong to classes of actions eligible for Categorical Exclusions as set out in Agency regulations (22 CFR 216.2(c)) and that there are no foreseeable significant direct or indirect impacts that would preclude them from receiving a Categorical Exclusion. Upon approval of this document, the Categorical Exclusions are affirmed for the project/activity. This analysis also documents the results of the project/activity level Climate Risk Management process in accordance with USAID policy (specifically, ADS 201 mandatory reference 201mal).

This RCE is a critical element of USAID’s mandatory environmental review and compliance process meant to achieve environmentally sound activity design and implementation.

RCE TEMPLATE VERSION 3.1

1.2 PROJECT/ACTIVITY OVERVIEW

The Activity, in partnership with a broad spectrum of local stakeholders, such as municipalities, central government, civil society and private sector, as well as other donors, will be focused on implementation of the property rights legislation, as well as building and strengthening the property rights system to improve its transparency, efficiency, and functionality.

1.3 PROJECT/ACTIVITY DESCRIPTION

The Property Governance Activity aim is to improve the property rights system in Kosovo in order to reduce corruption, increase women’s empowerment, and improve formal property rights. This will be done through technical assistance to local institutions and engagement of citizens, civil society and private sector stakeholders.

Expected results under Objective 1: Increase formal property rights by standardizing processes and practices in municipalities, are:

● Improved municipal capacities for property management;

● Improved processes and practices for building inspections ( issuance of occupancy certificates) which would increase number of registered properties (ownership certificates) in municipalities;

● Unified/standardized service delivery of property related services in municipalities;

● Integrate gender equality throughout Kosovo’s property reforms; and

● Improved property inheritance processes

Expected results under Objective 2: Increase civil society and citizen active engagement with institutions regarding property rights, are:

● Strengthen civil society and citizenry oversight in ensuring transparency, accountability and efficiency in property rights and inheritance processes and services

● Increase civil society participation in municipal development plans to ensure transparency in municipal property and land use

● Increase awareness and advocacy about the value of women’s property rights and inheritance to improve their economic opportunities; and

● Increase the public’s understanding of the rules and regulations of the property sector to improve the public’s advocacy to ensure access to services and protection of their property rights.

Expected results under Objective 3: Engage the private sector to strengthen Kosovo’s property rights regime, are:

● Increase private sector participation in providing inputs and advocating for any legal and system reforms.

● Increase private sector engagement in institutional modernization and automatization technologies of property systems and services; and

● Increase private sector engagement on municipal development plans for more transparent implementation of property regulations and incentivize private sector investments.

RCE TEMPLATE VERSION 3.1

TABLE 2: DEFINED OR ILLUSTRATIVE PROJECTS/ACTIVITIES AND SUB-ACTIVITIES

Project/Activity 1 — Property Governance Activity (1): Increase formal property rights by standardizing processes and practices in municipalities;

(2): Increase civil society and citizen active engagement with institutions regarding property rights (3): Engage the private sector to strengthen Kosovo’s property rights regime

2.0 ENVIRONMENTAL ANALYSIS

2.1 JUSTIFICATION FOR CATEGORICAL EXCLUSION

The activities under the Property Governance Activity are among the classes of actions listed in 22 CFR 216.2(c)(2) and have no foreseeable significant direct adverse effect on the environment.

Therefore, under 22 CFR 216.2(c)(1), neither an IEE nor an EA will be required for these activities.

Instead, a Categorical Exclusion is recommended for the projects/activities described above in Section 1.3 as follows:

TABLE 3: RECOMMENDED DETERMINATION FOR CATEGORICAL EXCLUSION

Property Governance Activity

Recommended Determination for Categorical Exclusion

§216.2(c)(2)(iii) Analyses, studies, academic or research workshops and meetings

2.2 CLIMATE RISK MANAGEMENT

Kosovo’s climate is expected to become warmer and drier over time (see the USAID Climate Change Risk Profile, Kosovo3). To minimize the negative impacts of climate change, USAID is required by ADS 201mal4 to incorporate climate change risk screening for all new projects as of October 1, 2016, to better adapt to climate change and maximize results.

The climate risk screening in Annex 1 has been done by the Mission’s Climate Integration Lead (CIL) in collaboration with the technical team and is rated as Low. No climate change considerations are identified. If during the implementation any climate change considerations are identified, they will be taken into consideration on how the activity will affect or be affected by medium, long-term climate change (CC) impacts (changes in rainfall, temperature, length of growing season, land conversion, etc.) and how the activity should be adjusted in consideration of climate change vulnerabilities.

3.0 LIMITATIONS OF THE CATEGORICAL EXCLUSION

The categorical exclusions recommended in this document apply only to projects/activities and sub-activities described herein.

https://www.climatelinks.org/sites/default/files/asset/document/2017_USAID_Climate%20Change%20Risk% 20Profile%20-%20Kosovo.pdf 4 https://www.usaid.gov/sites/default/files/documents/1868/201mal_042817.pdf https://www.climatelinks.org/sites/default/files/asset/document/2017_USAID_Climate%20Change%20Risk%20Profile%20-%20Kosovo.pdf https://www.climatelinks.org/sites/default/files/asset/document/2017_USAID_Climate%20Change%20Risk%20Profile%20-%20Kosovo.pdf about:blank

RCE TEMPLATE VERSION 3.1

Other projects/activities that may arise must be subject to an environmental analysis and the appropriate documentation prepared and approved, whether it be a new Request for Categorical Exclusion, an amendment, or other type of 22 CFR 216 document.

It is confirmed that the projects/activities described herein do not involve actions normally having a significant effect on the environment, including those described in 22 CFR 216.2(d).

3.1 MANDATORY INCLUSION OF ENVIRONMENTAL COMPLIANCE REQUIREMENTS IN

SOLICITATIONS, AWARDS, BUDGETS, AND WORK PLANS

USAID will ensure the environmental compliance requirements are incorporated into solicitations, awards, budgets, and work plans, including relevant limitations of Section 3 above. In addition, climate risk management requirements will also be incorporated.

3.2 GENERAL IMPLEMENTATION & MONITORING REQUIREMENTS (IF APPLICABLE)

USAID will ensure that the following requirements are met:

● Provide briefings for Implementing Partner (IP) on environmental compliance responsibilities

● Ensure integration of compliance responsibilities in prime and sub-awards and grant agreements.

● Ensure compliance with applicable partner country requirements

● Annual review of project activities to ensure that scope is still covered by Categorical

Exclusion

ANNEX 1. ACTIVITY CLIMATE RISK MANAGEMENT SUMMARY TABLE

Tasks/Defined or Illustrative Interventions

Climate Risks5 Risk Rating6

How Risks are Addressed7 Opportunities to Strengthen Climate Resilience8

(1): Increase formal property rights by standardizing processes and practices in municipalities;

N/a

No risks identified

Low The implementer will track any information related to climate risk, if applicable.

(2): Increase civil society and citizen active engagement with institutions regarding property rights

No risks identified

Low The implementer will track any information related to

5 List key risks related to the defined/illustrative interventions identified in the screening and additional assessment.

6 Low/Moderate/ High 7 Describe how risks have been addressed in activity design and/or additional steps that will be taken in implementation.

If you choose to accept the risk, briefly explain why.

8 Describe opportunities to achieve multiple development objectives by integrating climate resilience or mitigation measures

RCE TEMPLATE VERSION 3.1

(3): Engage the private sector to strengthen Kosovo’s property rights regime

No risks identified

Low The implementer will track any information related to

TABLE 2: DEFINED OR ILLUSTRATIVE PROJECTS/ACTIVITIES AND SUB-ACTIVITIES