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Disaster Risk Management Project 2018 INITIAL ENVIRONMENTAL EXAMINATION (IEE) PROGRAM/ACTIVITY DATA: Program/Activity No: 72036718R00005 FY14-18 CDCS Objective: Development Objective 4 – Post-Earthquake Nepal Rebuilt to be Disaster Resilient and Well- Positioned for Sustainable Development. Program Areas: HA.2 – Disaster Readiness Country/Region: Nepal/Asia Region Project /Activity Name: Tayar Nepal – Improved Disaster Risk Management Activity Funding Begins: FY2019 Funding Ends: TBD LOP Amount: $35 million Program/Activities duration: FY2024 IEE Amendment (Yes/No): No If "yes", Filename & date of original IEE; IEE Prepared By: Andrew Golda, USAID/Nepal/DR4 Date: Feb 26, 2018 ENVIRONMENTAL ACTION RECOMMENDED: (Place X where applicable) Categorical Exclusion [X] Positive Determination [ ] 1

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INITIAL ENVIRONMENTAL EXAMINATION (IEE)

PROGRAM/ACTIVITY DATA:

Program/Activity No: 72036718R00005

FY14-18 CDCS Objective: Development Objective 4 – Post-Earthquake Nepal Rebuilt to be Disaster Resilient and Well-Positioned for Sustainable Development.

Program Areas: HA.2 – Disaster Readiness

Country/Region: Nepal/Asia Region

Project /Activity Name: Tayar Nepal – Improved Disaster Risk Management Activity

Funding Begins: FY2019 Funding Ends: TBD

LOP Amount: $35 million Program/Activities duration: FY2024

IEE Amendment (Yes/No): No If "yes", Filename & date of original IEE;

IEE Prepared By: Andrew Golda, USAID/Nepal/DR4 Date: Feb 26, 2018

ENVIRONMENTAL ACTION RECOMMENDED: (Place X where applicable)

Categorical Exclusion [X] Positive Determination [ ]

Negative Determination (with conditions

[X] Deferral [ ]

Exemption [ ]

CLIMATE RISK IDENTIFIED: (Place X where applicable)

Low [X] Moderate [X] High [ ]

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1. BACKGROUND AND ACTIVITY PURPOSE

1.1 Purpose and Scope of IEE

The purpose of this Initial Environmental Examination (lEE), in accordance with 22 CFR 216, is to provide the first review of the reasonably foreseeable environmental effects and recommend Threshold Decisions, for the Tayar Nepal – Improved Disaster Risk Management (Tayar Nepal) Activity. This lEE provides a brief statement of the factual basis for Threshold Decisions and lays out the process of how individual projects and activities will conform to the local environmental laws and regulations, in addition to compliance with 22 CFR 216.

1.2 Background

USAID/Nepal anticipates awarding Tayar Nepal to strengthen disaster risk management capacity and institutions in Nepal in a manner that is inclusive, makes use of known best practices and technological packages and is adaptive to changing circumstances.  The support provided in this project will help the Government of Nepal (GON) achieve its goal of more disaster resilient development.  

2. DESCRIPTION OF PROJECT ACTIVITIES

Tayar Nepal will consist of three key components: 1) Improving National Level Systems and Institutions; 2) Building Capacity at the Municipal Level and 3)  Supporting National and Municipal level institutions to strengthen disaster response. The project will use a twofold approach that strengthens institutions and capacities at both the national and local levels. At the national level, the project will implement activities that will strengthen DRM institutions, including the new National Disaster Management Authority (NDMA), by demonstrating the benefits of an holistic, multi-hazard approach to disaster risk management policies and guidelines with the aim to better link central authorities and decisions to the communities that experience disasters.  At the local level, the project will implement activities that will enhance local DRM capacity by working with existing and new local bodies and communities to expand successful DRM initiatives, which are consistent with national level policies and guidelines while looking for opportunities to strengthen the public and private sectors, as well as civil society’s role in managing disaster risk.  The project will also have a “shock response” component that allows the mission to potentially respond in the event of a natural disaster. The table below provides the project components with illustrative activities:

Components Illustrative key activities1. Component 1: Improving national

level systems and institutionsTraining, establishment of forums for knowledge exchange, consultants for development of policies & standards, establishment of a public information campaign; and technical support to academic institutions.

2. Component 2: Building capacity at the municipal level Phase 1

Training, establishment of forums for knowledge exchange, consultants for development of policies & standards, establishment of a public information campaign; and technical support to academic institutions, development of risk-sensitive land use plans and identification of municipal level disaster mitigation projects, purchase of equipment

3. Component 2: Building capacity at the municipal level. Phase 2

Small scale demonstration infrastructure projects such as landslide remediation, small scale structures to reduce

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flash flooding, solid waste management programs to improve drainage, retrofitting of key municipal buildings or schools, green infrastructure activities to reduce landslide or flood risk.

4. Component 3:  Support to strengthen disaster response.

Training and capacity building; assessments such as initial rapid assessments, cluster-specific detailed assessments, post-disaster needs assessments; technical assistance to support to post-disaster recovery planning and implementation; commodity support such as hygiene kits or non-food items; small scale infrastructure such as emergency WASH infrastructure or temporary shelter.

3. COUNTRY & ENVIRONMENTAL INFORMATION (BASELINE INFORMATION)

There are three ecological regions in Nepal. These are: the Terai, low lying plains bordering the northern belt of India; the mid-hill areas running north-south at altitudes ranging between 2,000 to 4,500 meters; and the mountainous areas that include the Himalayan mountain ranges in the north.

Nepal is recognized as highly vulnerable to a range of seismic and hydro-meteorological hazards. All of Nepal is exposed to significant earthquake hazard resulting from the convergence of the Indian tectonic plate with the Eurasian plate that also drives the uplift of the Himalayan mountain range. The 2015 Gorkha earthquake and its aftershocks caused over $7 billion in losses and damages and resulted in nearly 9,000 lives lost. During the 1934 M8.2 Nepal-Bihar earthquake, which had an epicenter 175 km from Kathmandu, almost all buildings collapsed in Kathmandu, Bhaktapur, and Patan. Casualties were estimated to be as high as 12,000. Other major earthquakes were recorded in 1897, 1905, 1950, and 1988.

The country is drought-prone as well as susceptible to floods and landslides. Nepal is ranked as the 11th most vulnerable country in the world to earthquakes and 30th to flood risks. In the rainy season, a vast section of the population suffers from flood-related disasters that claim numerous lives and cause irreparable damage to public property. Nepal’s flooding predicament and susceptibility is expected to be exacerbated by the impacts of climate change. The recurrence of high intensity rainfall during monsoon causes floods in the low land regions that claim an average of 200 lives annually in the past five years. In addition, due to Nepal’s rugged mountain topography, steep slopes, fragile geology, and extreme terrain conditions, the country faces several other major hazards such as storms, avalanches, and Glacial Lake Outburst Floods.

Combining these hazards and the high level of vulnerability, the country is ranked second in the world to mortality risk from two or more hazards. About 80 percent of its geographic area is at risk from multiple natural hazards with the vast majority of the population inhabiting these high-risk areas. Because of these hazards, the country is susceptible to very high losses from disaster, both in terms of mortality as well as percent GDP loss.

In addition to USAID’s planned investment in DRM, U.S. Embassy Kathmandu’s Office of Defense Cooperation (ODC) works with the Nepal Army and Ministry of Defense on improved disaster preparedness. USAID/Nepal is working in coordination with ODC to align these activities in order to maximize impact.

Other donors are also invested in DRM interventions in Nepal. The Japanese International Cooperation Agency has invested heavily in mapping hazards in the Kathmandu Valley and working with municipal authorities to mitigate these hazards. The UK Department for International Development will soon start a seven year urban resilience program. This program aims to strengthen disaster resilience in Nepal, particularly to earthquakes, by working with urban centres to build and plan more safely; supporting the strengthening of critical public infrastructure to earthquakes; working to strengthen national capacity to respond to crises and ensure that the international community is prepared; and ensuring that the UK is

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able to support a humanitarian response should a crisis hit. USAID chairs the donor disaster resilience working group where these and other donor projects are coordinated.

4. NATIONAL ENVIRONMENTAL LEGISLATIONS

In an attempt to legalize the environmental integration of development projects, the Government of Nepal (GON) has enforced the Environmental Impact Assessment Guidelines 19931; Environmental Protection Act 19972; Environmental Protection Rules 1997 (amended in 1998 and 1999)3. The Guidelines, Act, Rules, and other regulations provide the basic legal framework for all environmental assessment in Nepal with the aim:

▪ To manage natural and physical resources efficiently and sustainably,

▪ To balance development efforts and environmental conservation to fulfill the basic needs of the people in a sustainable manner,

▪ To safeguard national heritage,

▪ To mitigate the adverse environmental impacts of development projects and human actions, and

▪ To integrate the environment and development through appropriate institutions, adequate legislation and economic incentives, and sufficient public resources.

The following sub-sections provide a brief overview of the aforementioned Guidelines, Act, Rules, and other regulations.

4.1 National Environmental Impact Assessment Guidelines 1993

These guidelines were developed “to assess the environmental impacts likely to be caused by a project, and to promote its positive impacts and mitigate or eliminate adverse impacts by undertaking preventive or other effective measures after integrating the environmental impacts in the planning cycle of all the projects to be initiated in the Kingdome of Nepal”. The guidelines require screening all the activities of a project/program and determining whether an Initial Environmental Examination (IEE) or Environmental Impact Assessment (EIA) is required.

According to the guidelines, an IEE is required for those projects that are likely to cause known environmental impacts and that can be mitigated. All these projects are included in Schedule 1 of the guidelines. An EIA is required for those projects, as specified in Schedule 2, which have either known significant environmental impact or for which the environmental impacts are not clear.

4.2 Environment Protection Act 1997

The Parliament of Nepal passed an Act in 1997 for the protection of environment. The provisions are similar to the guidelines of 1993 that IEE or EIA is mandatory for the implementation of any development projects, but it provided a legal cover to enforce the already existing regulations. In addition, the Act made the approvals mandatory before doing any project, and provided recommendations to establish the Environment Protection Council, environment protection fund and laboratory; to appoint the environmental inspectors for environmental compliance; and authorized punishment for violating the environmental regulations.

4.3 Environment Protection Rules 1997 (amended in 1998 and 1999)

1http://moste.gov.np/legal_documents/Regulation2http://www.lawcommission.gov.np/en/documents/2015/08/environment-protection-act-2053-1997.pdf3 http://www.mope.gov.np/download/environment_protection_rules.pdf.0551f34673f96fbd99c87be482a27c7f

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The Environmental Protection Rules are more comprehensive and added some additional requirements for both IEEs and EIAs. These additional requirements included the approvals of work schedules for IEE/EIAs; new formats for reporting; public advertisement of the proposed projects to seek public opinions of any potential or perceived impacts; monitoring and evaluation procedures; emission permits; definition of the roles and responsibilities for environmental inspectors and laboratories; and compensation provisions. In addition, Schedule 1 and 2 of the 1993 Guidelines were categorized by sectors such as forest, industry, mining, road, water resources and energy, and agriculture. Other schedules were added to define the requirements for the IEE/EIA work schedules and matters to be considered during the process.

The Guidelines, Act, and Rules require that either an IEE or EIA is required for any development project and provides guidance for some sectors. However, none of the existing regulations have specific guidance or requirements for the construction of small to medium scale public buildings such as education or healthcare facilities (with the exception of a 25 bed hospital under Schedule 2). From the review of the above regulations and the experience from other similar programs, it is concluded that small to medium scale public infrastructure facilities (as described in Section 1.3) are not likely to have significant environmental impacts. These activities could be covered by an IEE and the expected low to moderate level environmental impacts can be mitigated by sound environmental design, best management practices, and environmental monitoring.

5. ANALYSIS OF POTENTIAL ENVIRONMENTAL RISK & ENVIRONMENTAL DETERMINATION

5.1 Technical Assistance Activities

Tayar Nepal activities under Components 1 and 2 (phase 1) will include training, establishment of forums for knowledge exchange, consultancies for development of policies & standards, establishment of a comprehensive and targeted public awareness campaign and citizen engagement program; technical support to academic institutions to develop better DRM courses and support to local municipal authorities and community leaders for the development of risk-sensitive land use plans and identification of municipal level disaster mitigation projects.  These activities will not have any adverse impact on the natural or physical environment and are therefore recommended for Categorical Exclusion as per 22 CFR 216.2 (c)(2)(i) which presents the following criterion: “education, technical assistance, or training programs except to the extent such programs include activities directly affecting the environment (such as construction of facilities);” and (c)(2) (iii) “which is related to analysis, studies and meetings.”

5.2 Small Scale Construction/Rehabilitation Activities

Tayar Nepal activities under Component 2, Phase 2 could potentially include small scale demonstration infrastructure projects such as landslide remediation, small scale structures to reduce flooding, solid waste management programs to improve drainage, or retrofitting of key municipal buildings or schools.  There will not be any new major construction.  Any rehabilitation or small scale demonstration infrastructure will occur on existing developed land (footprint) below 10,000 sq feet, and is therefore likely to have minor to moderate adverse environmental and social impacts. The cost of each micro-project will not exceed $200,000.  Therefore, these activities may qualify for Negative Determination with Conditions as per 22 CFR 216.3 (a) (3)(iii).  The Conditions include, but are not limited to, environmentally sound design, Monitoring and Evaluation (M&E), and Best Management Practices (BMP) to minimize erosion and debris and waste production.   For flood management, the Tayar Nepal IP will be advised to follow the Flood Green Guide for better environmentally appropriate solutions (http://envirodm.org/flood-management), which has been developed by the World Wildlife Fund (WWF), in partnership with the US

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Agency for International Development Office of US Foreign Disaster Assistance (OFDA) to support using natural and nature-based methods for flood risk management.

5.3 “Shock Response” Activities

Component Three of Tayar Nepal is a “shock response” component that will allow response in the event a natural disaster occurs in the project area during the life of the project.  It is intended to assist the GON, particularly local authorities, in how they manage disasters.  Specific activities will depend on the nature and scope of the disaster and will only be initiated at the request of USAID via a task order. Activities that will be implemented under this component could include: Training and capacity building; assessments such as initial rapid assessments, cluster-specific detailed assessments, post-disaster needs assessments; technical assistance to support to post-disaster recovery planning and implementation; commodity support such as hygiene kits or non-food items; small scale infrastructure such as emergency WASH infrastructure or temporary shelter. Many of these activities will not have any adverse impact on the natural or physical environment and are therefore recommended for Categorical Exclusion as per 22 CFR 216.2 (c)(2)(i) which presents the following criterion: “education, technical assistance, or training programs except to the extent such programs include activities directly affecting the environment (such as construction of facilities);” and (c)(2) (iii) “which is related to analysis, studies and meetings.” Equipment and commodity purchases are recommended for a Negative Determination with Conditions as per 22 CFR 216.2 (c) (ix) and ADS 312. The Conditions include, but are not limited to, environmentally sound design, Monitoring and Evaluation (M&E), and Best Management Practices (BMP) to minimize erosion and debris and waste production. Small scale infrastructure will occur on existing developed land (footprint) below 10,000 sq feet, and is therefore likely to have minor to moderate adverse environmental and social impacts. The cost of each micro-project will not exceed $200,000.  Therefore, these activities may qualify for Negative Determination with Conditions as per 22 CFR 216.3 (a) (3)(iii).  The Conditions include, but are not limited to, environmentally sound design, Monitoring and Evaluation (M&E), and Best Management Practices (BMP) to minimize erosion and debris and waste production.   For flood management, the Tayar Nepal IP will be advised to follow the Flood Green Guide for better environmentally appropriate solutions (http://envirodm.org/flood-management), which has been developed by the World Wildlife Fund (WWF), in partnership with the US Agency for International Development Office of US Foreign Disaster Assistance (OFDA) to support using natural and nature-based methods for flood risk management. All of the activities implemented under this component will use the Sphere standards to guide implementation (http://www.sphereproject.org/).

Should this component be activated by an Ambassadorial Disaster Declaration, these activities would be considered Exempt per 22 CFR 216.2 (b).

The table below provides the environmental determinations for activities under each objective.

Objective Illustrative key activities Environmental Determination

Component 1: Improving national level systems and institutions

Training, establishment of forums for knowledge exchange, consultants for development of policies & standards, establishment of a public information campaign; and technical support to academic institutions.

Categorical Exclusion per 22 CFR 216.2 (c) (i) & (iii).

Component 2: Building capacity at the municipal level Phase 1

Training, establishment of forums for knowledge exchange,

Categorical Exclusion per 22 CFR 216.2 (c)(i) & (iii)

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consultants for development of policies & standards, establishment of a public information campaign; and technical support toacademic institutions, development of risk-sensitive land use plans and identification of municipal level disaster mitigation projects, purchase of equipment

Component 2: Building capacity at the municipal level Phase 2

Small scale demonstration infrastructure projects such as landslide remediation, small scale structures to reduce flash flooding, solid waste management programs to improve drainage, retrofitting of key municipal buildings or schools.

Negative Determination with Conditions per 22 CFR 216.3 (3) (iii) & USAID’s Sector Environmental Guidelines for Small Scale Construction

Component 3:  Support to strengthen disaster response.

Training and capacity building; assessments such as initial rapid assessments, cluster-specific detailed assessments, post-disaster needs assessments; technical assistance to support to post-disaster recovery planning and implementation.

Categorical Exclusion per 22 CFR 216.2 (c) (i) & (xiv).

If support under this component is provided under a disaster declaration, these activities would be considered Exempt per 22 CFR 216.2 (b).

Component 3:  Support to strengthen disaster response.

Commodity support such as hygiene kits or non-food items; small scale infrastructure such as emergency WASH infrastructure or temporary shelter.

Negative Determination with Conditions per ADS 312 and 22 CFR 216.2 (c)(ix).

If support under this component is provided under a disaster declaration, these activities would be considered Exempt per 22 CFR 216.2 (b).

Component 3:  Support to strengthen disaster response.

Small scale infrastructure such as emergency WASH infrastructure or temporary shelter.

Negative Determination with Conditions per 22 CFR 216.3 (3) (iii) & USAID’s Sector Environmental Guidelines for Small Scale Construction

If support under this component is provided under a disaster declaration, these activities would be considered Exempt per 22 CFR 216.2 (b).

6. CLIMATE CHANGE MANAGEMENT

This section serves to evaluate the potential climate risks of the described activities.  In accordance with Executive Order (EO) 13677 and Mandatory Reference for ADS Chapter 201 on Climate Risk Management for USAID Projects and Activities, USAID conducts climate risk

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management (CRM) screening for all new strategies, projects, and activities. CRM findings flow down, as such, this section should draw from the strategy or project level CRM results.

6.1 Climate trends in Nepal4

Nepal is extremely diverse in its topography and climate, but can be roughly divided into three key climatic zones: high mountains, mid hills, and terai (lowlands). Observed climate trends and future projections vary considerably between these areas. This summary provides a very brief introduction; good sources for additional information are listed in the References.

Observed climate trends and associated impacts in Nepal include the following:● An overall decrease in the number of cold days and nights

● A decrease in mean annual precipitation, particularly during the monsoon period (June-September), and more severe droughts

● Increasing flows during the rainy season and more rapid melting of some glaciers, contributing to more frequent and intense floods, landslides, and GLOFs.

Climate change projections for Nepal include the following:

● Increasing mean annual temperatures of 1.3 to 3.8°C by the 2060s and 1.8 to 5.8°C by the 2090s, with more rapid warming during the dry months (December-May); Western and Central Nepal are likely to see higher temperature increases than Eastern Nepal

● Significant increases in the number of hot days and nights

● Drier winters and considerably wetter monsoon summers, leading to more frequent and intense summer floods and winter droughts; Western and Central Nepal are likely to see greater increases in monsoon rainfall than Eastern Nepal

● Increasing glacier melt and retreat, though varying considerably between glaciers

Please refer to the 2017 Nepal Country Development and Cooperation Strategy for additional information on Nepal.5

4 Climate Change Risk and Opportunity Screening Analysis, USAID/Nepal Synthesis Note, August 21, 2014 by Jonathan Cook, USAID/E3/GCC5 https://www.usaid.gov/nepal/cdcs

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6.2 Climate Risk Screening:

Table 1: Climate Risk Screening

Table 5. Project or activity level Climate Risk Management Summary Table

Defined or Anticipated Project Elements6

Climate Risks7 Risk Rating8How Risks are Addressed at Project Level

Further Analysis and Actions for Activity Design/ Implementation9

Opportunities to Strengthen Climate Resilience10

Technical Assistance and Training under Component 1

No impact anticipated Low Not applicable Not applicable

Opportunity to sensitize climate change risk and its impact during training, knowledge exchange, public awareness campaign and citizen engagement program

Technical Assistance and Training under Component 2, phase 1

No impact anticipated Low Not applicable Not applicable

Opportunity to include climate change risk and its impact on DRM courses and support to local municipal authorities and community leaders to include climate risk management for the development of risk-sensitive land use plans and identification of municipal level disaster mitigationprojects

Small scale Possibility of damage Moderate Provide climate

6 Purpose/Sub-purpose, Area of Focus, or Activity/ Mechanism, etc.7 List key risks related to the project elements identified through either the strategy- or project-level climate risk assessment.8 Low/Moderate/High9 Describe CRM measures to be integrated into activity design or implementation, including additional analysis, if applicable.10 Describe opportunities to achieve development objectives by integrating climate resilience or mitigation measures.

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construction under Component 2, Phase 2

to infrastructure due to increased frequency and intensity of floods and other extreme events.

resilient engineering solutions in the design and construction

Technical Assistance, Assessments, Training, and Equipment Purchase under Component 3

No anticipated impact. Low Not applicable Not applicable TBD

Small scale construction under Component 3

Possibility of damage to infrastructure due to increased frequency and intensity of floods and other extreme events.

Moderate

Provide climate resilient engineering solutions in the design and construction

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8. MITIGATION MEASURES FOR NDC

The COR and MEO and CIL shall coordinate with the relevant implementing partners to ensure that:

1. All activities will be implemented in accordance with GON legislation, obligations under ratified relevant international agreements and conventions, and with best practice guidance provided in the Asia environmental guidelines at www.usaid.gov/our_work/environment/compliance/ane/guidelines.htm.

2. For flood management, the project IP will be advised to follow the Flood Green Guide for better environmentally appropriate solutions (http://envirodm.org/flood-management),, which has been developed by the World Wildlife Fund (WWF), in partnership with the US Agency for International Development Office of US Foreign Disaster Assistance (OFDA) to support using natural and nature-based methods for flood risk management.

3. All construction, rehabilitation, and renovation activities will be conducted in accordance with Nepal Environmental Impact Assessment Guidelines 1993; Environmental Protection Act 1997; Environmental Protection Rules 1997 (revised in 1998 and 1999) and construction norms and standards (and in their absence in accordance with the best international practice appropriate to the seismicity levels in Nepal and in the respective districts; these should be acceptable to USAID). A mandatory reference on USAID implementation of construction activities is available at https://www.usaid.gov/sites/default/files/documents/1868/303maw.pdf

The climate risk management reference is available at https://pages.usaid.gov/E3/GCC/climate-risk-management. USAID’s sector environmental guideline is available at http://www.usaidgems.org/bestPractice.htm

4. The implementing partners shall prepare Environmental and Climate Risk Screening Checklist and Review Report, and based on it an Environmental Mitigation and Monitoring Plan (EMMP) for all risk activities and will monitor implementation to ensure enforcement of the mitigating measures. The EMMP shall be provided to the COR and MEO/CIL for the review and approval. The COR with the help of the MEO will ensure that implementing partners have sufficient environmental capabilities and financial resources on their teams. All such reviews and conditions will be documented, reviewed, and maintained in project files.

 5. Design documents for the small scale demonstration infrastructure projects shall be

prepared accredited by the certified engineer, and shall be adapted to seismic levels in the area and take into account other aspects of natural conditions and climate change risk. The final designs shall be submitted to the COR and designated USAID engineer for the final review and guidance.

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6. The implementing partners shall test all sources of potable water supply and ensure that they meet GON DWS standards, including USG standards for arsenic, or whichever is more stringent. Government of Nepal’s national drinking water quality standard is available in http://mowss.gov.np/assets/uploads/files/NDWQS_2005_Nepal.pdf. The additional guidance on WASH is available in the Environmental Guidelines for Water Supply and Sanitation ( http://www.usaidgems.org/Sectors/watsan.htm)

7. The implementing partners shall include environment compliance considerations into all aspects of the project implementation and will promote and train local counterparts on environmental requirements and standards across all of the project’s activities; such proposed activities will be included in annual work plans, and results will be reported in annual reports.

8. All the implementing partners shall include a requirement to follow all recommendations of this IEE, including EMMP, and mitigation and monitoring reports; the implementing partners will be responsible to train their staff and subcontractors on the contract’s environmental requirements and ensure their compliance with these requirements.

9. The implementing partners) shall document and report to USAID on the implementation of the Negative Determination with Conditions activities in their semi and annual reports; reporting will include photographic documentation and site visit reports confirming implementation of the agreed EMMP.

10. Implementing partner shall ensure compliance with relevant ratified international environmental agreements and conventions, including with those of ILO, and applicable best international practice. Implementing partner shall review and comply with ILO conventions at: http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12000:0::NO::: and cross-check which have been ratified by Nepal, particularly those relevant to environmental & Occupational Health and Safety aspects.

9. LIMITATIONS OF THE IEE: This program doesn’t cover activities (and therefore should changes in scope implicate any of the issues/activities listed below, a BEO-approved amendment will be required), that:

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i. Normally have a significant effect on the environment under 22 Code of Federal Regulations 216.2(d)(1) [See http://www.usaid.gov/our_work/environment/compliance/regulations.html];

ii. Assist the procurement (including payment in kind, donations, guarantees of credit) or use (including handling, transport, fuel for transport, storage, mixing, loading, application, cleanup of spray equipment, and disposal) of pesticides or activities involving procurement, transport, use, storage, or disposal of toxic materials and /or pesticides (cover all insecticides, fungicides, rodenticides, etc. covered under the Federal Insecticide, Fungicide, and Rodenticide Act); procurement and use, or both, of pesticides requires preparation of a Pesticide Evaluation Report and Safe Use Action Plan (PERSUAP). PERSUAP shall be approved by the BEO/Asia.

iii. Procure or use genetically modified organisms;iv. Procure or use of non-native, potentially invasive species;v. Procure or use Asbestos, Lead, Mercury Containing Materials (ALMCM) (i.e. piping,

roofing, etc.), Polychlorinated Biphenyls (PCB) or other toxic/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

vi. GDA and DCA

10. REVISIONS

As with all USAID funded projects and pursuant to 22 CFR 216.3 (a) (9), if new information becomes available which indicates that any of the proposed actions to be funded under this activity might be "major" and their effects "significant", the threshold decisions for those actions will be reviewed and revised by the MEO and an environmental assessment prepared, as appropriate. It is the responsibility of the COR to timely inform the MEO and BEO of any changes in the scope and nature of the approved activities that may require the revision of the approved Threshold Decision.

APPROVAL OF ENVIRONMENTAL ACTION RECOMMENDED:

APPROVED DISAPPROVED

Peter Malnak Date Peter MalnakMission Director Mission Director

CONCURRENCE:

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APPROVED DISAPPROVED

William Gibson Date William GibsonBureau Environmental Officer Bureau Environmental Officer

CLEARANCES AND APPROVAL OF RECOMMENDED ENVIRONMENTAL ACTIONS:

Laureen ReaganDirector, DR4

_________________ Date: _________

Shanker Khagi, MEO _________________ Date: _________

Andrei Barannik,Regional Environmental Advisor/SCA & OAPA

Cleared by Email Date: 04/24/2018

Mark Driver, RLA _________________ Date: _________

Amy Tohill-Stull, DMD __________________ Date: __________

CC’d:

● Project File

● MEO Tracking

● OAA

● RLA

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