USAID Environmental Procedures ---- Regulation 216. Victor Bullen, Michael Donald Regional Environmental Advisors

Transcription

1 USAID Environmental Procedures ---- Regulation 216 Victor Bullen, Michael Donald Regional Environmental Advisors

2 Slide 1 m8 introduction REA job mdonald, 9/3/2004

3 Introduction 1. Context environmental impact assessment and historical context for AID 2. USAID Environmental Procedures (22 cfr 216) 3. Other pertinent environmental regulations

4 Why Do We Have Regulation 216? Post WW II economic growth. Increased concern with environment The environmental movement 1962 Rachel Carson s book, Silent Spring Killer smog in Donora, Pennsylvania and the Cuyahoga River fire in Cleveland, Ohio. Congress responds with legislation in the 1960s and 1970s (Clean Air, Clean Water, NEPA, etc.

5 m7 National Environmental Policy Act of 1969 (NEPA) NEPA establishes as U.S. National Policy:... productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources...

6 Slide 4 m7 Other laws: 1962 Clean Air Act 1965 Clean Water Act 1972 Pesticides 1973 ESA 1974 Safe drinking water act 1969 NEPA, president Nixon signed in 1970 A process for considering env't impacts mdonald, 9/2/2004 involving public participation

7 NEPA Impact Assessment To implement this national policy, NEPA requires every federal agency to assess and consider the potential environmental impacts of their actions, and establishes the Council on Environmental Quality (CEQ) in the Office of the President to oversee the process.

8 USAID Resists USAID resisted implementing NEPA arguing that that NEPA should not apply extraterritorially. USAID/Pakistan project disaster. USAID sued by a consortium of U.S. NGOs Fund) to force compliance with NEPA.

9 Slide 6 m9 -AID/Pakistan: 475 ill, 5 dead -suit by Env't Defense Fund to force AID compliance with NEPA mdonald, 9/3/2004

10 m10 USAID Complies In 1975 out of court settlement, required USAID to issue NEPA compliant procedures. Title 22 of the Code of Federal Regulations, Part 216 (22 CFR 216). Programmatic Environmental Impact Statement on pesticide use. The system of Bureau Environmental Officers to approve 22 CFR 216 decisions and an Agency Environmental Coordinator created.

11 Slide 7 m10 Judge John Sirica of Watergate fame CEQ said 216 meets NEPA standards mdonald, 9/3/2004

12 Executive Order Concerns about other federal agencies compliance with NEPA resulted in Executive Order in EO requires all federal agencies that work internationally to develop NEPA compliant procedures. Compliance with by other federal agencies has been uneven.

13 Slide 8 m11 DAA also revised in 1977 and 1978 to include section 117, 118, & requires AID to take env't consideration into account complies & 119 deals with tropical forests ADS 204 summarizes how 22 CFR 216 fits into AID operations. mdonald, 9/3/2004

14 Something to remember about this presentation: All USAID-financed activities require environmental review and approval prior to obligation of funds.

15 Example AID Projects

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19 1. Why evaluate environmental impacts? Reduce project costs Propose alternatives Carry out environmental mitigation when the activity begins Take balanced decisions Provide opportunities to learn Makes for a better project

20 Slide 14 m12 It just makes sense mdonald, 9/3/2004

21 Why Evaluate Environmental Avoid Impacts... Imapacts?

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23 Slide 16 m13 Good Planning?? mdonald, 9/3/2004

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25 Slide 17 m14 Good planning? mdonald, 9/3/2004

26 When to evaluate environmental impacts?? Before an activity or project begins While an activity is underway

27 Slide 18 m15 Monitoring, address later mdonald, 9/3/2004

28 Environmental Components

29 Biological:

30 Social:

31 Steps for Evaluating Environmental Impacts 1. Establish baseline information 2. Determine activity/project components 3. Scoping to identify main issues 4. Consider reasonable alternatives 5. Identify potential impacts 6. Determine significance of impacts 7. Compare and evaluate alternatives 8. Consider options for mitigation 9. Consultation with affected parties, governments, etc.

32 Slide 22 m16 1. Starting poing 2. What you are doing 3. Main issues 4. Options 5. impacts 6. Relative importance 7. Compare 8. Mitigation options 9. INvolve public, gov't mdonald, 9/3/2004

33 2. USAID Environmental Procedures The Code of Federal Regulations part 216 (22 cfr 216) states: Ensure that the environmental consequences of USAID- financed activities are identified and considered by USAID and the host country prior to a final decision to proceed Ensure that appropriate environmental safeguards are adopted.

34 Slide 23 m17 Go thru 216 process PRIOR to dicision to proceed Env't safeguards must be in place. mdonald, 9/3/2004

35 USAID Environmental Procedures (con( con t) USAID s goal is to promote sustainable development and protect the environment USAID s staff and implementing agencies have an important role in achieving this goal by: Including environmental considerations into projects Ensuring local participation Taking measures to mitigate adverse impacts Providing training on environmental issues Implementing evaluation and monitoring programs

36 What do people think about Regulation 216?

37 Reg. 216 applies to: All new or supplementary activities financed by USAID Changes in existing USAID activities that imply (supplementary IEE or EA required): New components A substantive expansion of activities Substantive extensions or additional financing Unanticipated environmental impacts found during implementation

38 Slide 26 m18 new or supplementary activities Ammendment required -New activities or components -Expansion -more $ -Unanticipated impacts mdonald, 9/3/2004

39 Reg. 216 Flow Chart

40 Regulation 216 Process Design I.E.E. Categorical Exclusion Negative Neg with conditions Positive E.A. Monitoring conditions Incorporate Conditions Approval

41 Exemptions Emergencies! -- Officially declared by the Administrator Political circumstances Require Asst Administrator approval Exemptions almost never done

42 Categorical Exclusions i. Education, training, technical assisstance ii. Experimental research (controlled and monitored) iii. Analyses, studies, workshops and meetings iv. Projects in which USAID is a minor donor: USAID contribution is less than US$1 million and less than 25% of the total project cost USAID contribution is more than US$ 1 million, but less than 25% of the estimated project cost, only when the main donor s s environmental procedures are approved by the USAID Environmental Coordinator

43 Negative Determination Without conditions, it is equivalent to a Categorical Exclusion. With conditions, it has minor impacts and widely accepted mitigation measures. Examples of with conditions: Small water systems and sanitation Small irrigation systems Clinics or health posts Schools Small-scale improvement of existing rural roads

44 Positive Determination This requires an Environmental Assessment for activities that may have a significant (but limited) environmental impact Also may require an Environmental Impact Statement significant impact that may effect USA or global commons (only two in history of Agency)

45 Regulation 216 Process Design I.E.E. Categorical Exclusion Negative Neg with conditions Positive E.A. Monitoring conditions Incorporate Conditions Approval

46 Threshold Decision This is the official decision of the Agency issued by the BEO It is based on the Initial Environmental Examination (IEE) or Request for Categorical Exclusion It determines if a proposed USAID activity may have significant environmental impacts (or not) Significant Impact?

47 Slide 34 m20 IEE from Mission---REA---BEO----ETD back to Mission mdonald, 9/3/2004

48 Budgeting, Monitoring & Evaluation Each SO responsible for budgeting for mitigation measures recommended by IEE or EA Monitoring responsibility of SO team. Monitoring and evaluation has to be carried out (and budgeted for)

49 Summary Categorical Exclusion (no impact) Negative Determination Negative Determination with conditions (minor impact) Positive Determination (significant impact, environmental assessment necessary)

50 Regulation 216 Process Design I.E.E. Categorical Exclusion Negative Neg with conditions Positive E.A. Monitoring conditions Incorporate Conditions Approval

51 Categorical Exclusion

52 Environmental Assessment

53 Slide 39 m21 Mention potential issues in an EA mdonald, 9/3/2004

54 m22 Negative Determination with Conditions

55 Slide 40 m22 Brainstorm potential conditions mdonald, 9/3/2004

56 Negative Determination with Conditions

57 Negative Determination with Conditions

58 Negative Determination with Conditions

59 Negative Determination with Conditions Environmental Assessment

60 Negative Determination with Conditions

61 Negative Determination with Conditions

62 Negative Determination with Conditions Environmental Assessment

63 Environmental Impact Statemen

64 Worst case scenario Failure to do EAs, or to do them correctly, can cause big problems - South America Chapare roads in 1950s - Loss of funding - Project can be stopped

65 Slide 49 m23 Chapare: Bad construction and drug running mdonald, 9/3/2004

66 3. Other Pertinent Regulations FAA Section 118, Tropical Forests says USAID cannot finance the following activities without an environmental assessment: A. Procurement or use of logging equipment,, and B. Actions which significantly degrade national parks or similar protected areas which contain tropical forests or introduce exotic plants or animals into such areas.

67 FAA Section 118, Tropical Forests C. Activities which would result in the conversion of forest lands to the rearing of livestock. D. The construction, upgrading, or maintenance of roads (including temporary haul roads for logging or other extractive industries) which pass through relatively undegraded forest lands. E. The colonization of forest lands. F. The construction of dams or other water control structures which flood relatively undegraded forest lands.

68 FAA Section 119, Endangered Species FAA Section 119 says that USAID should: A. Ensure that ongoing and proposed actions by the Agency do not inadvertently endanger wildlife species or their critical habitats, harm protected areas, or have other adverse impacts on biological diversity. B. Deny any direct or indirect assistance for actions which: A. Significantly degrades national parks or similar protected areas or B. Introduces exotic plants or animals into such areas.

69 Remember: All USAID-financed activities require environmental review and approval prior to obligation of funds.

70 The End