J.16._IEE_-_Mar2013-_P1.pdf

administrative and financial management capacity at the sub-national level while simultaneously strengthening connections between key actors within the existing Government of Afghanistan (GIRoA) system. SNGP will be implemented through two programmatic areas under separate projects and mechanisms:

1. Provincial Support – build capacity to improve government authorities’ competencies in planning and budgeting, link the central level of government to the sub-national level, and strengthen government officials’ engagement with citizens for improved service delivery.

2. Municipal Support – strengthen municipal government processes, build municipal capacity to deliver municipal services, and improve the ability to collect and expend resources.

The USAID/Afghanistan predecessor projects, currently in implementation, of the two projects envisioned under this IEE are:

Provincial Support:

o Support to Sub-National Governance Structures (SNG): Focused on provincial councils o Performance-Based Governance Fund (PBGF): Focused on provincial governors o On-budget Support for Independent Administrative and Civil Service Commission

(IARCSC): Focused on the Civil Service Commission

Municipal Support:

o Regional Afghan Municipal Project for Urban Populations (RAMP-UP): Focused on the administration of Afghanistan’s provincial capitals o Kabul City Initiative (KCI): Focused on the administration of Kabul

All activities under the current provincial support projects received categorical exclusions except for

“maintenance and repair of public facilities,” which received a negative determination with conditions under PBGF. This activity is listed below as activity 1.3.2.7.

Activities under the current municipal support projects received categorical exclusions, negative determinations with conditions, and a positive determination (construction of sanitary landfills and sedimentation ponds). These activities are all listed in section 1.3 below.

While already under implementation, the funding for RAMP-UP and KCI was extensively cut and the projects’ scopes of work were modified. The only activity that was completely cut from either project’s scope of work, however, was the sanitary landfill and sedimentation pond subproject. All other activities remained in the modified scopes of work, just at reduced levels in accordance with the funding cuts. For example, the number of parks constructed under KCI decreased from 20 to 15.

Other donors are active in the areas covered by this IEE. They are:

UNDP: Capacity building support to 19 provincial municipalities through the hiring of qualified staff/engineers. No physical projects or infrastructure.

Japan International Cooperation Agency: Infrastructure funding in four major municipalities (Mazar, Herat, Kandahar, and Jalalabad) focusing on the city, gozar

(borough), and community (neighborhood) levels.

World Bank: Support to four major provinces (Mazar, Herat, Kandahar, and Jalalabad) mainly through infrastructure such as roads, markets, public parks, etc.

SNGP will account for the activities and locations of these donors during its site selection process, in which GIRoA local governance officials will take part.

1.3 Activity Description

1.3.1 Under Provincial Support and Municipal Support the following activities are envisioned:

1.3.1.1 Conduct assessments and surveys involving households, administration staff, and civil society

1.3.1.2 Convene citizen forums

1.3.1.3 Training and technical assistance to increase capacity of GIRoA staff members to perform their roles and responsibilities

1.3.1.4 Develop standard operating procedures (SOPs) for key administrative tasks

1.3.1.5 Provide technical assistance to partner administrations to increase their technical knowledge

1.3.1.6 Technical assistance and on-the-job training to modernize financial management systems

1.3.1.7 Technical assistance and training to increase women’s participation in planning and decision-making

1.3.1.8 Technical assistance to help partner departments develop and implement operations and maintenance plans

1.3.1.9 Technical assistance to improve partner administrations’ strategic communications skills to deliver messages to constituents

1.3.1.10 Workshops and regional or nationwide conferences to share lessons learned and experiences under the project

1.3.1.11 Technical assistance to help administrations develop partnerships with the private sector, civil society, other GIRoA actors, and international organizations

1.3.1.12 Provide equipment to partner administrations

1.3.2 Under Municipal Support the following activities may take place in addition to those listed above under 1.3.1:

1.3.2.1 Develop municipal improvement plans, municipal strategic plans, municipal development plans, etc.

1.3.2.2 Training for the use of garbage collection trucks, trash bins, shovels, paving equipment, etc.

1.3.2.3 Provide technical assistance in improving accounting and financial systems, financial forecasting, and land registries to assist municipalities to increase revenue

1.3.2.4 Building rehabilitation and construction

1.3.2.5 Solid waste collection and disposal

1.3.2.6 Construction of municipal waste transfer stations

1.3.2.7 Maintenance, repair, and rehabilitation of other municipal infrastructure

1.3.2.8 Small to moderate scale road rehabilitation, incl. drainage ditches and systems, footpaths, and public parks

1.3.2.9 Construction of sanitary landfills and sedimentation ponds

2.0 COUNTRY AND ENVIRONMENTAL INFORMATION

2.1 Locations Affected

These activities will take place in various provinces and municipalities throughout Afghanistan. The specific provinces and municipalities in which SNGP will work is not yet determined. The number of project sites and their locations will be determined based on the project’s final budget and negotiations with GIRoA. However, as changing conditions may cause certain locations to become unsuitable for

USAID work while other locations may become acceptable, all provinces and provincial/district municipalities in Afghanistan are possible sites under this IEE.

2.2 Socio-economic baseline

Afghanistan is located in Central Asia, north and west of Pakistan, and east of Iran.

Afghanistan's economy has improved significantly since the fall of the Taliban regime in 2001 largely because of the infusion of international assistance, the recovery of the agricultural sector, and service sector growth. Despite the progress of the past few years, Afghanistan is extremely poor, landlocked, and highly dependent on foreign aid, agriculture, and trade with neighboring countries (Table 1). Much of the population continues to suffer from shortages of housing, clean water, electricity, medical care, and jobs.

Insecurity and the Afghan government's inability to extend rule of law to all parts of the country pose challenges to future economic growth. It is expected to take the remainder of the decade, and continuing donor aid and attention, to significantly raise the average Afghan’s living standards from its current level, which is among the lowest in the world. While the international community remains committed to

Afghanistan's development, pledging over $24 billion USD at three donor conferences since 2002, Kabul will need to overcome a number of challenges, including expanding poppy cultivation, budget sustainability, job creation, corruption, government capacity, and rebuilding war torn infrastructure.

Degradation of the environment and depletion of natural resources are significant and visual consequences of the long period of instability, including depletion of forest cover by 66.5% in the south-eastern part of the country over the last 30-year period. Wood is still the main source of energy for over

90% of households. Despite the country’s challenges, the Afghan government, the United States, and international donors are committed to improving access to basic necessities by prioritizing infrastructure development, education, housing development, jobs programs and economic reform. Reconstruction projects include national and provincial road construction, water management studies and alternative power initiatives like micro-hydro power stations.

2.1 Policy, Legal and Regulatory Framework and International Conventions

The primary relevant laws and legislations framing social and environmental issues are: The Environment

Law of Afghanistan (2007), the Land Expropriation Law (2005), the Water Law (2004), and the Law on the Preservation of Afghanistan’s Historical and Cultural Heritages (2004).

Afghanistan is a party to international agreements on Biodiversity, Climate Change, Desertification, Endangered Species, Environmental Modification, Marine Dumping, Ozone Layer Depletion. The country also signed the agreement for Hazardous Waste which was recently ratified.

2.2 Environment Law of Afghanistan, 2007

The Environment Law requires GIRoA to adopt necessary measures to protect natural forests and living conditions of the country. The National Environmental Protection Agency (NEPA) is responsible for the implementation of this law. Following international best practices, NEPA mandates that new activities are screened for potential adverse effects and possible impacts and, if such impacts are likely, a comprehensive mitigation plan is developed for review and approval before the activity can proceed.

In June 2009 NEPA issued the first Afghanistan list of the protected species which included 46 species.

2.3 Land Expropriation Law (LLE), 2005

The Law sets out the provisions governing the expropriation or acquisition of land for public interest purposes, such as the establishment/construction of public infrastructure or for acquisition of land with cultural or scientific values, land of higher agricultural productivity and large gardens. It declares, inter alia, that: a) acquisition of a plot or portion of a plot of land for public use is decided by the Council of

Ministers and is compensated at fair value based on current market rates (Article 2); b) the right of the owner or land user will be terminated three months prior to the start of civil works on the project and after the proper reimbursement to the owner or person using the land has been made (Article 6); c) the value of land, value of houses and buildings on the land and value of trees and other assets on the land will be considered for compensation (Article 8); and f) compensation is determined by the Council of Ministers.

The Law, however, is silent on resettlement. It makes no special provision for a resettlement plan or indeed any arrangements for resettlement. .

2.4 Water Law, 2004

The Water Law lays out a model for managing the nation's water resources following the principles of

Integrated Water Resources Management (IWRM). The law calls for a nested governance structure for water resources decision-making, including participatory models of community-based management through Water User Associations (WUAs) and Irrigation Associations (lAs), operating within a decision-making framework of River Basin Authorities (RBAs) and River Basin Councils (RBCs) in the five major river basins and 41 sub-basins of the country. It sets out requirements for sustainable water allocation and use, and establishes sanctions and penalties for noncompliance.

2.5 Law on Preservation of Afghanistan's Historical and Cultural Artifacts, 2004

According to The Law on the Preservation of Afghanistan's Historical and Cultural Artifacts, operations which cause destruction or harm to the recorded historical and cultural sites or artifacts is prohibited (Art

.11, Art. 16). The law provides guidelines for how to deal with historical and cultural artifacts if they are discovered.

Table 1. Selected data for Afghanistan

Socio-Economic Data Natural Resources/Environment Data

Total Population- 35.32 million (in 2011) Land use hectares % of total

Population Growth Rate (annual %)- 2.03

Urban Population (% of total)- 5.69 million (21.9%)

Life Expectancy (years)- 49

Infant Mortality Rate (per 1,000 live births)- 111

GDP (current $)- 19.5 billion (2011)

GDP breakdown: Agriculture 34.9 %, Industry 25 %

Services- 40 %

GDP Growth (annual %)- 8.5

Inflation (annual %)- 4.8

Unemployment Rate (annual %)- 35

Irrigated agricultural land 3,302,007 5.11%

Orchards 94,217 0.15%

Rain-fed Agricultural

Land 4,517,714 7.00%

Forest Area 1,337,582 2.07%

Total Pasture Area 29,176,732 45.19%

Total Land Other-

Arid/Desert 26,131,144 40.48%

Total Land Area 64,559,396

Population Density- 54.70 persons/km2 (in 2011)

Livestock: Cattle: 3.72 million, Sheep: 8.77 million

Goats: 7.28 million

Deforestation Rate (% of change)- 66.5 % (1971-1999)

Improved Water Source (% of pop. with access)- 42%

Electricity Consumption - 2.226 billion kWh (2009 est.)

3.0 RECOMMENDED THRESHOLD DECISIONS

Tables 2 below groups SNGP activities according to their environmental threshold determinations. These determinations are based on past USAID experience with similar field activities. All activities receiving a negative determination with conditions will be screened on a site-specific basis with site specific mitigation plans designed and implemented as detailed in the SMGP Environmental Mitigation and

Monitoring Plan (EMMP) that will be submitted for USAID/Afghanistan approval. For the development of large-scale solid and liquid waste management facilities, for which a Positive Determination is recommended, the Implementer will conduct an Environmental Assessment. SNGP will use "USAID

Environmental Guidelines for Small-Scale Activities in Africa” to inform the site-specific screening and monitoring and mitigation plans. These guidelines (from March 2009) are the most recent and comprehensive USAID environmental guidelines and are relevant for the small-scale infrastructure activities planned under SNGP. In addition, World Bank and other international donor agencies such as

Asian Development Bank have also published guidelines.

Table 2. Proposed program activities and recommended threshold decisions (M=Municipal Program; P=Provincial Program)

P ro g ra m

No Activity

Potential

Environmental

Impact

22 FR §216 Citation and Conditions

P, M 1 Conduct assessments and surveys involving households, administration staff, and civil society:

No Impact §216.2(c)(2)(iii): Analyses, studies, academic or research workshops and meetings:

No mitigation required

P, M 2 Convene citizen forums No Impact §216.2(c)(2)(iii): Analyses, studies, academic or research workshops and meetings:

No mitigation required

P, M 3 Training and technical assistance to increase capacity of GIRoA staff members to perform their roles and responsibilities

No Impact §216.2(c)(2)(i): Education, technical assistance, or training programs:

No mitigation required

P, M 4 Develop standard operating procedures (SOPs) for key administrative tasks

No Impact §216.2(c)(2): (v) document and information transfer:

No mitigation required

P, M 5 Provide technical assistance to partner provincial and municipal administrations to increase their technical knowledge

No Impact §216.2(c)(2)(i): Technical assistance:

P, M 6 Technical assistance and on-the-job training to modernize financial management systems

No Impact §216.2(c)(2)(i): Technical assistance:

No mitigation required

P, M 7 Technical assistance and training to increase women’s participation in planning and decision-making

No Impact §216.2(c)(2)(i): Education, technical assistance, or training programs:

P, M 8 Technical assistance to help provincial and No Impact §216.2(c)(2)(i): Technical assistance:

g municipal departments develop and implement operations and maintenance plans

P, M 9 Technical assistance to improve provincial and municipal administrations’ strategic communications skills to deliver messages to constituents

No impact §216.2(c)(2)(i): Technical assistance:

No mitigation required

P, M 10 Workshops and regional or nationwide conferences to share lessons learned and experiences under the project

No impact

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

No mitigation required

P, M 11 Technical assistance to help administrations develop partnerships with the private sector, civil society, other GIRoA actors, and international organizations

No impact §216.2(c)(2)(i): Technical assistance:

No mitigation required

P, M 12 Provide equipment to partner provinces and municipalities:

1) office equipment, including IT equipment, generators, copiers, office furniture, etc

2) trucks, trash bins, shovels, paving equipment, etc.

No significant impact if Conditions are implemented

Negative Determination with Conditions:

Implementers shall provide evidence that equipment and materials procured will be used in a safe way and that the implementers shall follow all national and provincial environmental laws and regulations, and that after the equipment has completed its useful life, it shall be either returned to the supplier for safe and sound disposal, or disposed of by Government of Afghanistan agencies and/or by the implementers in accordance with relevant legislation and/or USAID rules and regulations.

g

M 1. Develop municipal improvement plans, municipal strategic plans, municipal development plans, etc.

No Impact §216.2(c)(2)(i): Technical assistance:

M 2. Training for the use of garbage collection trucks, trash bins, shovels, paving equipment, etc.

No significant impact if Conditions are implemented

Negative Determination with Conditions:

The Implementing Partner will develop a training plan to be approved by the MEO that incorporates best practices and international standards for the safe use of garbage collection trucks, trash bins, shovels, paving equipment, etc.

M 3. Provide technical assistance in improving accounting and financial systems, financial forecasting, and land registries to assist municipalities to increase revenue

No impact §216.2(c)(2)(i): Technical assistance:

No mitigation required

M 4. Building rehabilitation and construction: Small to moderate scale rehabilitation of buildings including: construction of public toilets and latrines, boundary walls, municipal markets, and slaughterhouses.

are implemented

Negative Determination with Conditions:

The Implementing Partner will develop an appropriate

Framework Environmental Mitigation and Monitoring

Plan (see Annex 1 for the suggested format) and an

Environmental Request Form and Request Report (Annex

II) for all major renovations and construction activities to ensure the activities are designed in an environmentally sound manner. Mitigation and reporting measures shall be identified in the Plan and adhered to for all activities. The implementing partner must also ensure that the Plan is consistent with the recommendations found in Chapter 3: Small-Scale

Construction of the Environmental Guidelines for Small-Scale

Activities in Africa (EGSSA), available at http://www.encapafrica.org/EGSSAA/construction.pdf;.

Chapter 16 Water Supply and Sanitation of the USAID

Environmental Guidelines for Small Scale Activities in

Africa. This document can be located at Chapter 16: Water

Supply and Sanitation, available at http://www.encapafrica.org/EGSSAA/construction.pdf g http://www.encapafrica.org/EGSSAA/watsan.pdf.

In addition, the Implementing Partner shall prepare a

Water Quality Assurance Plan describing how the partner intends to ensure safe drinking water in the project – including monitoring criteria, monitoring frequency, and measures for ensuring the safe provision of water to recipients. For further information, see this

IEE’s Annex III

M 5. Solid waste collection and disposal: Hiring and training workers to collect solid waste; placing of solid waste collection bins; solid waste composting.

are implemented

Negative Determination with Conditions:

Implementer will develop training programs that incorporate international standards and best practices in waste management as appropriate to conditions in Afghanistan

M 6. Construction of municipal waste transfer stations: Building suitable and temporary dumping sites for municipal waste disposal. These sites will be constructed to dump trash on a temporary basis to be transferred to a landfill and/or involve expansion of existing dump sites to support increased levels of solid waste generated by better municipal management of this service.

are implemented

Negative Determination with Conditions:

The Implementing Partner will develop an appropriate Framework

Environmental Mitigation and Monitoring Plan (see Annex 1 for the suggested format) and an Environmental Request Form and

Request Report (Annex II) for all major renovations and construction activities to ensure the activities are designed in an environmentally sound manner. Mitigation and reporting measures shall be identified in the Plan and adhered to for all activities. The implementing partner must also ensure that the Plan is consistent with the recommendations found in Chapter 3: Small-Scale

Construction, and Chapter 15: Solid Waste, of the Environmental

Guidelines for Small-Scale Activities in Africa (EGSSA), available at http://www.encapafrica.org/EGSSAA/construction.pdf and http://www.encapafrica.org/EGSSAA/solid waste.pdf. Other relevant sources of information are provided by World Bank.

M 7. Rehabilitation of other municipal infrastructure: Building or repairing drainage ditches and systems, footpaths, and public parks.

No significant impact if Conditions are implemented

Negative Determination with Conditions:

The Implementing Partner will develop an appropriate Framework

Environmental Mitigation and Monitoring Plan (see Annex 1 for http://www.encapafrica.org/EGSSAA/watsan.pdf http://www.encapafrica.org/EGSSAA/solid%20waste.pdf g the suggested format) and an Environmental Request Form and

Request Report (Annex II) for all major renovations and construction activities to ensure the activities are designed in an environmentally sound manner. Mitigation and reporting measures shall be identified in the Plan and adhered to for all activities. The implementing partner must also ensure that the Plan is consistent with the recommendations found in Chapter 3: Small-Scale

Construction of the Environmental Guidelines for Small-Scale

Activities in Africa (EGSSA), available at http://www.encapafrica.org/EGSSAA/construction.pdf; with

EGSSAA Chapter 18 Primary and Secondary Day schools:

http://www.encapafrica.org/egssaa/ESDM_for_Day_Schools_16Ap r09.pdf; and for the wash station and latrines activities, the EMP shall be consistent with recommendations found in EGSSAA Chapter

16: Water Supply and Sanitation, available at http://www.encapafrica.org/EGSSAA/watsan.pdf.

M 8. Small to moderate scale road rehabilitation, including drainage ditches and systems, footpaths, and public parks: grading and widening, culvert construction for drainage and canal crossings, retaining walls for soil stabilization, erosion control measures, resurfacing with gravel, cobblestone or paving, and the construction of sidewalks.

are implemented

Negative Determination with Conditions:

The Implementing Partner will develop an appropriate Framework

Environmental Mitigation and Monitoring Plan (see Annex I for the suggested format) and an Environmental Request Form and

Request Report (Annex II) for all rehabilitation and construction activities to ensure the activities are designed in an environmentally sound manner. Mitigation and reporting measures shall be identified in the Plan and adhered to for all activities. The

Implementing Partner must also ensure that the Plan is consistent with the recommendations found in Chapter 3: Small-Scale

Construction of the Environmental Guidelines for Small-Scale

Activities in Africa (EGSSA), available at http://www.encapafrica.org/EGSSAA/construction.pdf.

M 9. Construction of moderate to large sanitary landfills and sedimentation ponds.

Significant impact possible Positive Determination:

Environmental Assessment required. Implementer will first conduct a Scoping Statement to identify which aspects need http://www.encapafrica.org/EGSSAA/construction.pdf http://www.encapafrica.org/egssaa/ESDM_for_Day_Schools_16Apr09.pdf http://www.encapafrica.org/egssaa/ESDM_for_Day_Schools_16Apr09.pdf http://www.encapafrica.org/EGSSAA/watsan.pdf g to be studied in depth. After approval by the BEO, Implementer will proceed with the full-scale EA after which a decision will be made to either not implement the activity or implement the activity with certain mitigating measures to avoid/minimize environmental / social impact.

4.0. ENVIRONMENTAL RECOMMENDATIONS

Recommended Action: Categorical Exclusion (ca. 86% or $94.6 million of funding) Categorical exclusions are recommended for technical assistance, training, studies, surveys, assessments, strategic planning assistance, capacity building, information collection and transfer (outreach, planning, and communication), placing interns, purchasing office computer and communications equipment, and prefeasibility studies for small scale urban infrastructure development pursuant to 22 CFR 216.2(c)(1)(i) actions having no significant effect on the environment and 216.2(c)(2)(i) education and training, (iii) workshops and meetings, (v) document and information transfers, (vi) contributions to national organizations, and (xiv) programs to develop capacity of country to engage in development planning -since such activities have no or limited scope of physical interventions and no direct effects on the environment.

Recommended Action: Negative Determination with Conditions (ca. 14% or $15.4 million of funding) A negative determination with conditions is recommended for all small-scale construction and municipal service provision activities per 22 CFR 216.3(a)(2)(iii). These include street improvements, small infrastructure for human waste handling and disposal, construction of solid waste transfer stations, support to small-scale composting of organic solid waste, improvements of parks and urban landscapes, improvements of drainage infrastructure, improvements to municipal facilities, and municipal systems that address operation, maintenance, and upkeep of this infrastructure. The conditions are that the activities are appropriately screened and the mitigation plans implemented and monitored on a site-by-site basis to avoid/minimize unintended negative environmental impacts. Site-specific mitigation and monitoring plans using USAID environmental guidelines will be developed.

Recommended Action: Positive Determination (funding amount to be determined). It is expected that SNGP will not engage in activities that will have such an effect on the environment so as to warrant a positive threshold decision. The only exception could be an engineered sanitary landfill which will result in a Positive Determination. Should SNGP, with its GIRoA partners and USAID/Afghanistan, decide to implement such a landfill a number of steps need to be taken in accordance with §216.3(a)4. A

SOW for Scoping shall be approved by the BEO/OAPA; public consultation with potentially affected people and key stakeholders at Scoping; Scoping Statement shall be approved by the BEO/OAPA; public consultation (including NEPA) with potentially affected people and key stakeholders at Scoping when draft EA Report is prepared; EA Report approved by BEO/OAPA; EMMP from EA report is translated into procurement instruments.

5.0 Conditions and Implementer’s Procedures

1. The implementer shall be responsible for implementation of all recommendations resulting from this IEE.

2. Each activity should be conducted in a manner compliant with all applicable legislation;

regulation and standards of Afghanistan; national obligations under ratified applicable international environmental agreements and conventions; and in their absence with best management and industry practice acceptable to USAID.

3. The implementer(s) shall minimize the use of, and properly dispose of, hazardous materials and wastes.

4. When equipment (computers; etc.) is procured, at the end of its life, it should be disposed in an environmental safe manner by a certified company in accordance with the GIRoA laws, and in their absence, in accordance with international best practice acceptable to hbottenberg Typewritten Text hbottenberg Typewritten Text hbottenberg Typewritten Text

USAID (alternatively, when procuring equipment from a licensed provider/dealer an agreement may be reached that such equipment will be returned to the dealer for its environmentally safe disposal).

5. As appropriate, the implementer(s) will obtain necessary approvals from national authorities for environmental compliance documentation, including applicable permits, licenses, etc.

6. All activities will be consistent with good design and implementation practices acceptable to USAID as described in:

a. USAID’s Environmental Guidelines for Small-Scale Activities in Africa; 2nd edition as provided at http://www.encapafrica.org/egssaa.htm; additional background available at http://www.usaid.gov/our_work/environment/compliance

b. EBRD Sub-sectoral Environmental and Social Guidelines at http://www.ebrd.com/pages/about/what/policies/guidelines.shtml

c. ADB Environmental Guidelines at http://www.adb.org/sites/default/files/pub/2003/Environmental_Assessment_Guid elines.pdf

d. IFC Environmental; Health and Safety Guidelines as provided at http://www.ifc.org/ifcext/sustainability.nsf/Content/EnvironmentalGuidelines;

e. World Bank Road and the Environment Handbook as provided at: http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTTRANSPORT

/EXTROADSHIGHWAYS/0,,contentMDK:20457855~menuPK:1459669~pageP

K:148956~piPK:216618~theSitePK:338661,00.html

f. World Bank Environmental Handbook and Updates at http://go.worldbank.org/LLF3CMS1I0

g. Any other international best practices readily available from OECD, UNEP/UNDP (or EU).

7. The implementer will have a qualified, Mission Environmental Officer (MEO)-approved

Environmental Professional(s) (EP) who coordinate implementation of environmental mitigation measures, monitoring, and reporting to the USAID/Afghanistan COR/AOR.

Should an EP lack any special technical knowledge to identify any special environmental impact, the implementer will consult with a specialist in the relevant area.

8. Continuous environmental monitoring, evaluation, reporting and supervision will be conducted during the project implementation. Quarterly, semi-annual and annual reports, as applicable, will contain sections on environmental compliance. The implementer(s) will submit an Environmental Mitigation and Monitoring Plan (EMMP) within 30 days of the signing of the award. An EMMP template is provided in Annex I.

9. At the “Post-Award Conference”, COR and MEO will meet with individual implementers to explain conditions established in the original and amended IEEs.

6.0 Resource Allocation; Training and Reporting Requirements

1. The contract with the implementer shall include a requirement to comply with all conditions of the IEE and any other environmental mitigation and monitoring documentation approved by the BEO/OAPA. The implementer will be responsible for training its staff and sub-contractors on the contract’s environmental requirements and for ensuring compliance of the environmental requirements.

http://www.encapafrica.org/egssaa.htm http://www.usaid.gov/our_work/environment/compliance http://www.ebrd.com/pages/about/what/policies/guidelines.shtml http://www.adb.org/sites/default/files/pub/2003/Environmental_Assessment_Guidelines.pdf http://www.adb.org/sites/default/files/pub/2003/Environmental_Assessment_Guidelines.pdf http://www.ifc.org/ifcext/sustainability.nsf/Content/EnvironmentalGuidelines http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTTRANSPORT/EXTROADSHIGHWAYS/0,,contentMDK:20457855~menuPK:1459669~pagePK:148956~piPK:216618~theSitePK:338661,00.html http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTTRANSPORT/EXTROADSHIGHWAYS/0,,contentMDK:20457855~menuPK:1459669~pagePK:148956~piPK:216618~theSitePK:338661,00.html http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTTRANSPORT/EXTROADSHIGHWAYS/0,,contentMDK:20457855~menuPK:1459669~pagePK:148956~piPK:216618~theSitePK:338661,00.html http://go.worldbank.org/LLF3CMS1I0

2. The implementer shall have sufficient staff with expertise in an environmental field and resources to implement and report on the expected scope of environmental compliance work. The implementer will document, using cameras/photos, schemes and maps, the status of environmental (and social) conditions on site and in the area of influence prior to, during and after implementation of projects and activities. This evidence may be also used for providing USAID and GIRoA with lessons learned and best practices.

3. The implementer will have the following documentation and reporting requirements associated with the environmental compliance:

a. Annual Work Plans will have a section on the planned activities related to environmental compliance.

b. Progress Reports will have a section on the status of activities related to environmental compliance and results, including project summaries along with environmental impacts, success or failure of mitigation measures being implemented, results of environmental monitoring, and any major modifications/revisions to the project. Implementer(s)’s annual report will include an annex containing a table indicating the title, date of award, and category of each activity, and status of mitigation measures and monitoring results, when applicable.

c. Final Report will have a section that will summarize program activities related to environmental compliance and will describe results, including information on any positive or negative environmental effects of program activities.

d. Site-specific Mitigation and Monitoring Reports will be submitted to USAID at the completion of each phase of work, and not on an annual basis. Reporting will include photographic documentation and site visit reports which fully document that all proposed mitigation procedures were followed throughout implementation of the subject work including quantification of mitigation. All such reports and documentation will be submitted to the A/COR and MEO.

7.0 Limitations of the IEE

This assistance does not cover activities involving:

1. Assistance for the procurements (includes payment in kind, donations, guarantees of credit) or use (including handling, transport, fuel for transport, storage, mixing, loading, application, clean-up of spray equipment, and disposal) of pesticides (where pesticides cover all insecticides, fungicides, and rodenticides, etc. covered under the

“Federal Insecticide, Fungicide, and Rodenticide Act” FIFRA.) or activities involving procurement, transport, use, storage, or disposal of toxic materials

2. Procurement or use of genetically modified organisms (GMOs) will require preparation of bio-safety assessment (review), in accordance with ADS 201.3.11 in an amendment to the IEE approved by BEO/OAPA.

3. Procurement or use of Asbestos, Lead and Mercury Containing Materials (ALCM)

(e.g., piping, roofing), Polychlorinated Biphenyl’s (PCB) or other hazardous materials prohibited by US EPA as provided at: http://www.epa.gov/asbestos and/or under international environmental agreements and conventions, e.g. Stockholm Convention on Persistent Organic Pollutants as provided at: http://chm.pops.int

4. Procurement, use or recommendation for use of AN and CAN fertilizers.

5. No pesticides shall be used without an approved and updated Pesticide Evaluation

Report and Safe Use Action Plan.

http://www.epa.gov/asbestos http://chm.pops.int/

Any of these actions would require an amendment to the IEE duly approved by the BEO/OAPA.

8.0 Revisions

Pursuant to 22CFR216.3(a)(9), if new information becomes available which indicates that activities to be funded by the Program might be “major” and the Program’s effect “significant,” or if additional activities are proposed that might be considered “major” and their effects significant, this IEE will be reviewed and revised by the originator of the project and submitted to the Bureau Environmental Officer (BEO) for approval and, if appropriate, an environmental assessment will be prepared. It is the responsibility of the USAID Agreement Officer’s

Representative (AOR) to keep the Mission Environmental Officer and the BEO informed of any new information or changes in the activity that might require revision of the IEE.

Annex I

Environmental Mitigation and Monitoring Plan (EMMP)

The EMP must be completed by each organization carrying out activities under the USAID/Afghanistan

XXX Program. It will include the organization’s own report plus the EMPs of any sub-awardees, to capture the entire range of activities funded by the USAID/Afghanistan XXXX Program under the award.

The USAID/Afghanistan XXXX Program, implementing partners are responsible for ensuring that each sub-awardee completes and submits the EMP to the prime in a timely fashion. The EMPs are reviewed and approved by the COTR/AOTR and the Mission Environmental Officer.

The EMP consists of 3 parts:

1. The Environmental Verification Form

2. The Mitigation Plan for specific environmental threats carried out by the implementer

3. The Reporting Form

The EMP Environmental Verification Form

This form indicates the categories of activities carried out by implementing partners (or their sub-awardees) and serves to ‘trigger’ USAID expectations of mitigation measures.

The EMP Mitigation Plan

Implementing partners will use the Mitigation Plan to describe the specific actions they will undertake under each category of activity when screening reveals potential environmental threats as outlined in

Section 3 of this IEE. In these cases, mitigation will be undertaken as described in Section 5, Table 4 of this IEE. The Mitigation Plan also identifies the person responsible for monitoring compliance with mitigation and the indicator, method and frequency of monitoring.

The EMP Reporting Form

This form reports on the results of applying the mitigation measures described in the Mitigation Plan and identifies outstanding issues with respect to required conditions. In some cases, digital photos will be the best way to document mitigation and should be included in the report.

EMP Part 1 of 3: Environmental Verification Form

Name ___________________________________

Name of Prime Implementing Organization:______________________________

Name of Sub-awardee Organization (if this EMP is for a sub):

Geographic location of USAID-funded activities (Province, District):_________________________

Date of Screening:________________________________

Funding Period for this award: FY____- FY____

Current FY Resource Levels: FY_______________

This report prepared by:

Name:_______________ Date: ____________

Date of Previous EMP for this organization:

_________________ (if any)

Indicate which activities your organization is implementing under this funding:

Key Elements of Program/Activities Implemented Yes No

1 education, technical assistance or training programs analyses, studies, academic or research workshops and meetings;

document and information transfers;

Studies, projects or programs intended to develop the capability of recipient countries to engage in development planning, except to the extent designed to result in activities directly affecting the environment (such as construction of facilities, etc.);

2 Development and dissemination of improved agricultural production technologies for selected crops and livestock

3 Increased agricultural production

4 Seeds, Germplasm, Exotic Species

5 Dissemination of biotechnology products

6 Small-scale construction or rehabilitation of buildings and water & sanitation infrastructure

7 Sub-Grants

EMP Part 2 of 3: Environmental Mitigation and Monitoring Plan

Category of

Activity

Describe specific environmental threats of your organization’s activities (based on analysis in Section 3 of the IEE)

Description of Mitigation

Measures for these activities as required in Section 5 of IEE

Who is responsible for monitoring

Monitoring

Indicator

Method

Frequency of

EMP part 3 of 3: Reporting form

List each Mitigation Measure from column 3 in the EMP Mitigation Plan

(EMP Part 2 of 3)

Status of Mitigative Measures

List any outstanding issues relating to required conditions

Remarks

Certification

I certify the completeness and the accuracy of the mitigation and monitoring plan described above for which I am responsible and its compliance with the IEE:

Signature Date

Print Name

Organization

BELOW THIS LINE FOR USAID USE ONLY

USAID/Afghanistan, ________ Program, Clearance of EMP:

Cognizant Technical Officer: ___________________ Date: ____________

Mission Environmental Officer: ______________________ Date: ____________

As appropriate: REA, BEO [depending on nature of activity, which potentially may require an EA]

Note: if clearance is denied, comments must be provided to applicant

Annex II

ENVIRONMENTAL REVIEW FORM AND REVIEW REPORT

Note to USAID Staff, Consultants & Partners Regarding the:

Africa Bureau ENVIRONMENTAL REVIEW FORM & INSTRUCTIONS

Appropriate use

1. The Environmental Review Form (ERF) can only be used when and as specifically authorized by the IEE or EA governing the project or program in question. For IEEs, this authorization is made in the form of a negative determination with conditions.

Authorized use of the ERF is limited to the specific class of activities enumerated in the determination.

2. The BEO will not clear an IEE or EA that authorizes use of the ERF unless ALL of the following are true:

a. the general nature or potential scope of the activities for which the ERF will be used are known at the time the IEE is written (e.g. small infrastructure rehabilitation, training and outreach for a specified purpose, etc.).

b. these activities will be executed under a grant or subproject component of a parent project/program. The ERF cannot be used in lieu of a request for categorical exclusion, IEE or IEE amendment when new activities/components are to be added to existing projects, programs or sector portfolios.

c. of their general nature, foreseeable adverse environmental impacts are small or easily controllable with BASIC MITIGATION TECHNIQUES that can BE SUCCESSFULLY IMPLEMEMENTED BY FIELD STAFF.

d. of their general nature, the activities are NOT large-scale.

There is no formal AFR standard for “small-scale activities.” Over time, AFR has developed some “rules of thumb” for activities that are BOTH small-scale AND pose very low risks of significant adverse impacts. These are used in the ERF itself:

e.g. construction involving less than 10,000 sq ft total disturbed area and less than $200,000 total cost; road rehabilitation of less than 10km total length without change to alignment or right-of-way. Activities moderately larger than these “rules of thumb” are also small-scale, but are treated by the ERF as being of moderate/unknown risk, thus requiring an environmental review report.

What does “moderately larger” mean? What about activities for which there is no “rule of thumb” built into the ERF?

Absolute physical scale and funding level, physical scale relative to the surrounding built environment, population affected, and number of locations affected are among the factors relevant to determining whether a class of activities is “small scale.”

The IEE must provide enough information for the BEO to assess whether the activities proposed for subproject review will be indeed be small scale within their implementation context.

Adaptation of the form

1. Text in UNDERLINE & BLUE HIGHLIGHT MUST be customized to the particular project/mission.

2. Yellow highlighted text must be reviewed and then modified, deleted or retained, as appropriate.

3. Both the form AND instructions should be generally reviewed and modified to reflect the specific project/program and implementation context.

4. The adapted form and instructions must be appended to the Initial Environmental Examination for the overall project.

5. For NRM-oriented programs (especially those involving CBNRM, ecotourism, enterprises exploiting non-timber forest products, etc.) consider adaptation and use of the Supplemental Environmental Review Form for NRM sector activities.

Questions and Guidance

General guidance on subproject review is available on the MEO Resource Center at www.encapafrica.org/meoEntry.htm. For specific questions, contact the Mission Environmental Officer or Regional Environmental Advisor. Good-practice examples of completed forms, environmental review reports and environmental management plans are available from USAID/AFR’s ENCAP project:

encapinfo@cadmusgroup.com; www.encapafrica.org.

Download at http://www.encapafrica.org/documents/AFR-EnvReviewForm-20Dec2010.doc version 20 Dec 2010 http://www.encapafrica.org/meoEntry.htm mailto:encapinfo@cadmusgroup.com http://www.encapafrica.org/

Revision history:

Major update on 24 June 2010 to clarify appropriate use, revise Env Review Report structure, and update clearance requirements.

Formatting and presentation revised 17 Jan 2005. Revised April 13, 2004, to include biosafety considerations and better reflect the Supplemental Environmental Review Form for NRM sector activities.

DELETE THIS PAGE BEFORE DISTRIBUTING THIS FORM

Instructions for environmental review of

XXX Program Subprojects/Sub-grants

Note: These instructions accompany the attached “Environmental Review Form for USAID/XXX

Program/Project Activities” (ERF). Follow, but DO NOT SUBMIT, these instructions.

Who must submit the Environmental Review Form (ERF)?

ALL Implementing Partners seeking to implement [describe qualifying activities] under the XXX Program/Project must complete, sign and submit the ERF to [insert name & email of C/AOTR].

Authority: Use of the ERF for these activities is mandated by the governing Initial Environmental Examination (IEE) for the XXX Project/Program. The IEE can be downloaded at: [insert URL].

No implementation without an approved ERF

The proposed activities cannot be implemented and no “irreversible commitment of resources” for these activities can be made until the ERF (including Environmental Review Report, if required, see Step 4, below) is cleared by the C/AOTR, the Mission Environmental Officer (MEO) and the Regional

Environmental Advisor (REA).

NOTE: USAID may deny clearance to the ERF, or may require modification and re-submission for clearance.

Environmental management requirements resulting from the ERF

If the ERF requires preparation of an Environmental Review Report (see Step 4, below), any environmental management measures specified in the approved Environmental Review Report MUST be implemented.

Situations in which additional environmental review is required.

If the ERF finds that one of more of the proposed activities has the potential to cause significant adverse environmental impacts, the activities must be redesigned or an IEE or full Environmental Assessment must be conducted and approved prior to implementation.

If USAID determines that the proposed activities are outside the scope of activities for which use of this form is authorized, the activities must be redesigned or an IEE or IEE Amendment will be required.

In either situation, USAID will confer with the partner to determine next steps. Note: If an IEE or EA is required, all environmental management measures specified in the IEE or EA must then be implemented.

Step 1. Provide requested “Applicant information” (Section A of the ERF)

Step 2. List all proposed activities

In Section B of the form, list all proposed activities.

Activities are a desired accomplishment or output: e.g. seedling production, road rehabilitation, school construction. Each activities has entailed actions—for example, road rehabilitation includes survey, grading, culvert construction, compaction, etc. Be aware of these entailed actions, but do NOT list them.

List activities DESCRIPTIVELY. For example, “training” is not a sufficient activity listing. The listing must specify WHO is being trained, and in WHAT.

Step 3a. Screening: Identify low-risk and high-risk activities

For each activity you have listed in Section B of the form, refer to the list below to determine whether it is a listed low-risk or high-risk activity.

If an activity is specifically identified as “very low risk” or “high risk” in the list below, indicate this in the “screening result” column in Section B of the form.

Very low-risk activities

(Activities with low potential for adverse biophysical or health impacts; including §216.2(c)(2))

High-risk activities

(Activities with high potential for adverse biophysical or health impacts; including §216.2(d)(1))

Provision of education, technical assistance, or training. (Note that activities directly affecting the environment. do not qualify.)

Community awareness initiatives.

Controlled agricultural experimentation exclusively for the purpose of research and field evaluation confined to small areas (normally under 4 ha./10 acres). This must be carefully monitored and no protected or other sensitive environmental areas may be affected).

Technical studies and analyses and other information generation activities not involving intrusive sampling of endangered species or critical habitats.

Document or information transfers.

Nutrition, health care or family planning, EXCEPT when (a) some included activities could directly affect the environment (construction, water supply systems, etc.) or

(b) biohazardous (esp. HIV/AIDS) waste is handled or blood is tested.

Small-scale construction. Construction or repair of facilities if total surface area to be disturbed is under 10,000 sq. ft. (approx. 1,000 sq. m.) (and when no protected or other sensitive environmental areas could be affected).

Intermediate credit. Support for intermediate credit arrangements (when no significant biophysical environmental impact can reasonably be expected).

Maternal and child feeding conducted under Title II of Public Law 480.

Title II Activities. Food for development programs under Title III of P.L. 480, when no on-the-ground biophysical interventions are likely.

Capacity for development. Studies or programs intended to develop the capability of recipients to engage in development planning. (Does NOT include activities directly affecting the environment)

Small-scale Natural Resource Management…