22 CFR 216 : Environmental Impact Assessment

22 CFR 216:Environmental Impact Assessment

Jim Hester

Agency Environmental Coordinator

So . . . What Is 22 CFR 216?So . . . What Is 22 CFR 216?

Title 22 of the Code of Federal Title 22 of the Code of Federal Regulations, Part 216Regulations, Part 216

It is USAID’s procedures to undertake It is USAID’s procedures to undertake environmental impact assessment of environmental impact assessment of our programsour programs

Who Is Responsible?Who Is Responsible?

Every USAID officer who has any role with Every USAID officer who has any role with USAID funded projectsUSAID funded projects

Every partner who seeks USAID fundsEvery partner who seeks USAID funds USAID has a small staff of environmental USAID has a small staff of environmental

professionals who provide advice and hold professionals who provide advice and hold program/technical/procurement officers program/technical/procurement officers accountableaccountable

General Counsel and Inspector General General Counsel and Inspector General staff provide additional support to staff provide additional support to environmental officersenvironmental officers

Why bother?Why bother?

It is state-of-the-art development It is state-of-the-art development It produces optimal resultsIt produces optimal results It avoids harming peopleIt avoids harming people It avoids negative economic growthIt avoids negative economic growth It avoids diplomatic problemsIt avoids diplomatic problems It engenders public trust in USAIDIt engenders public trust in USAID It allows USAID to existIt allows USAID to exist It is the lawIt is the law

What Does 22 CFR 216 Say?What Does 22 CFR 216 Say?

Every program, project, activity or Every program, project, activity or amendment must undergo amendment must undergo environmental impact assessment environmental impact assessment prior to obligation of fundsprior to obligation of funds

Potential impacts must be considered Potential impacts must be considered and mitigative measures or design and mitigative measures or design changes incorporatedchanges incorporated

This process is documented in writing This process is documented in writing and is open to the publicand is open to the public

And What Else?And What Else?

Decisions are recommended by a Decisions are recommended by a Mission Director and approved by a Mission Director and approved by a Bureau Environmental Officer in Bureau Environmental Officer in AID/WAID/W

Impact assessment is a two-step Impact assessment is a two-step process – an initial assessment is process – an initial assessment is undertaken at the beginning of undertaken at the beginning of design, and if needed a more design, and if needed a more detailed assessment may be requireddetailed assessment may be required

More . . .More . . .

The initial assessment is called either a The initial assessment is called either a request for Categorical Exclusion (CE) for request for Categorical Exclusion (CE) for certain non-controversial types of projects, certain non-controversial types of projects, or an Initial Environmental Examination or an Initial Environmental Examination (IEE) for projects that may have limited (IEE) for projects that may have limited potential impactspotential impacts

Projects that are identified as having Projects that are identified as having potentially substantive impacts progress to potentially substantive impacts progress to a Scoping Exercise (Scoping) a Scoping Exercise (Scoping)


A Scoping Exercise results in a A Scoping Exercise results in a statement of work for an statement of work for an Environmental Assessment (EA)Environmental Assessment (EA)

In rare cases, a project may require In rare cases, a project may require an Environmental Impact Statement an Environmental Impact Statement (EIS) undertaken under domestic U.S. (EIS) undertaken under domestic U.S. regulationsregulations


Public participation is an important Public participation is an important element for a number of reasons:element for a number of reasons:– It ensures all issues are surfacedIt ensures all issues are surfaced– It builds civil society and trustIt builds civil society and trust– It creates buy-in for the project which It creates buy-in for the project which

optimizes resultsoptimizes results

Record KeepingRecord Keeping

Copies of all approved 22 CFR 216 Copies of all approved 22 CFR 216 documents are kept in two places:documents are kept in two places:– The official project files maintained by The official project files maintained by

the SO teamthe SO team– The official BEO files maintained by the The official BEO files maintained by the

BEOBEO 22 CFR 216.10 makes all of these 22 CFR 216.10 makes all of these

available to the publicavailable to the public

Can A Clever Person Avoid It?Can A Clever Person Avoid It?

No. While pressures will arise sometimes No. While pressures will arise sometimes to obligate money or design quickly, not to obligate money or design quickly, not undertaking 22 CFR 216 assessment is undertaking 22 CFR 216 assessment is foolish since it results in bad project foolish since it results in bad project design, wasted money, potential harm to design, wasted money, potential harm to real people, setting back economic real people, setting back economic development, creating political damage development, creating political damage and placing the entire Agency at risk and placing the entire Agency at risk

It is also bad for a person’s careerIt is also bad for a person’s career

Case Study - Zaragosa Well Case Study - Zaragosa Well 1/29/04 Site Visit1/29/04 Site Visit

Replacement well drilled for 500 familiesReplacement well drilled for 500 families 20 meters from old collapsed well and 15 20 meters from old collapsed well and 15

meters from heavy traffic roadmeters from heavy traffic road 5 meters downhill from large truck repair 5 meters downhill from large truck repair

and recycling yard and large horse stableand recycling yard and large horse stable Sewage emptying untreated into streamSewage emptying untreated into stream Stream used for irrigating export crop Stream used for irrigating export crop

strawberriesstrawberries Hepatitis A and diarrheal diseases are Hepatitis A and diarrheal diseases are

endemic endemic

Was the well a good idea?Was the well a good idea?

The idea was good – people need The idea was good – people need clean and reliable waterclean and reliable water

ButBut, the environmental impacts were , the environmental impacts were not adequately considered resulting not adequately considered resulting in the project causing far more harm in the project causing far more harm to the citizens than the good it didto the citizens than the good it did

Overall, the people of Zaragosa Overall, the people of Zaragosa would have been better off without would have been better off without the “help” in the way it was providedthe “help” in the way it was provided

What harm?What harm?

The new well was drilled in the same The new well was drilled in the same unstable sediments as the old and closer unstable sediments as the old and closer to vibrations from the large road. It will to vibrations from the large road. It will likely collapse and the investment will be likely collapse and the investment will be lost and trust from the people damagedlost and trust from the people damaged

The new well will provided unhealthy The new well will provided unhealthy water soon as the pollution from the stable water soon as the pollution from the stable and the oil, transmission fluid, cleaning and the oil, transmission fluid, cleaning agents, etc. from the truck repair yardagents, etc. from the truck repair yard

More . . . More . . .

Hepatis A and other fecal based diseases Hepatis A and other fecal based diseases will be increased with the larger flow of will be increased with the larger flow of untreated sewage into the streamuntreated sewage into the stream

The town’s strawberry exports to the U.S. The town’s strawberry exports to the U.S. will likely be stopped soon when they are will likely be stopped soon when they are discovered to have sewage residues and discovered to have sewage residues and disease on them from the irrigation. The disease on them from the irrigation. The entire county’s strawberry exports could entire county’s strawberry exports could be ended at that time as wellbe ended at that time as well

So Where Do I Get A Copy So Where Do I Get A Copy Of 22 CFR 216?Of 22 CFR 216?

22 CFR 216 is found in ADS Chapter 22 CFR 216 is found in ADS Chapter 200200

It is on the USAID internal and It is on the USAID internal and external websitesexternal websites

http://www.usaid.gov/our_work/http://www.usaid.gov/our_work/environment/complianceenvironment/compliance

A Spanish translation is on the A Spanish translation is on the websiteswebsites

Is 22 CFR 216 Integrated Is 22 CFR 216 Integrated Throughout The ADS?Throughout The ADS?

• 22 CFR 216 requirements are integrated into USAID planning, implementing, evaluating and environment directives. ADS Chapters 200, 201, 202, 203, 204

• 200.4.1 – 22 CFR 216 is included in the Agency mandatory references

• 201.3.12.2 – 22 CFR 216 environmental reviews required for all actions prior to obligations


• 201.3.12.2 – Biosafety assessment and approval for any proposed procurement or use of Genetically Modified Organisms (GMO) prior to and informing 22 CFR 216 analysis

• 201.3.12.6 – 22 CFR 216 findings and requirements incorporated into activity designs

• 201.3.12.13 – 22 CFR 216 deferrals approved by a BEO at design stages must be completed before approving activities or disbursing funds


• 201.3.12.14 – When funds not obligated at SO level, 22 CFR 216, must be completed prior to obligation

• 201.3.12.15 – Activity Approval Documents (AADs) summarize 22 CFR 216 requirements

• 202.3.4.6 – SO teams accountable for maintaining copies of 22 CFR 216 documentation


• 202.3.6 – SO teams and CTOs accountable for actively managing and monitoring 22 CFR 216 determination compliance

• 203.3.7.2 – Vulnerability issues for portfolio reviews include whether activities are in compliance

• 203.3.8.7 – 22 CFR 216 compliance is required in determining whether an SO or activity is meeting its targets. If not in compliance, steps necessary to come into compliance are required

And more . . .And more . . .

• ADS Chapter 204 - 22 CFR 216 implementation:

Describes roles and responsibilities of various officials in missions, regional posts and AID/W

Describes decision making authorities

Does 22 CFR 216 apply to GDA?Does 22 CFR 216 apply to GDA?

• Yes!

• In cases with joint USAID-Partner funding – 22 CFR 216 applies directly

• In cases with unlinked parallel funding

– due diligence to ensure USAID associates itself only with environmentally and socially responsible partners applies

Questions And DiscussionQuestions And Discussion

22 CFR 216 : Environmental Impact Assessment

Documents

Transcript of 22 CFR 216 : Environmental Impact Assessment