Asia 21-022

US Agency for International Development (USAID)

Sri Lanka & Maldives
Climate Change Adaptation Activity
Initial Environmental Examination (IEE)

Program/Project/Activity Data
Activity/Project Name: Climate Change Adaptation Activity
Development Objective 3 for Sri Lanka CDCS: Resilience
of Resources to Shocks and Stressors Enhanced
Assistance Objective:
Mission Objective 2.2 of Maldives ICS: Improved Maldives
natural resource management to promote long term
sustainable development and economic growth
Program Area: Climate Change Adaptation
Country: Sri Lanka and Maldives
Originating Office: Economic Growth Office Date: 12/14/2020
PAD Level IEE: Yes No DCN of Original RCE/IEE: N/A
Supplemental IEE: Yes No
DCN of Amendment(s):
RCE/IEE Amendment: Yes No N/A
New award IEE prepared by Nihani Riza, Economic Growth
If Yes, Purpose of Amendment (AMD):
Office
DCN(s) of All Related EA/IEE/RCE/ER(s): COVID 19 PIEE Asia 20-042
Implementation Start/End: September 2021 - 2026 LOP: 5 years
LOP Amount:
Funding Amount: AMD Amount: N/A
$19,000,000
Contract/Award Number (if known): N/A
IEE Expiration Date (if any): 2026 Reporting due dates (if any): Quarterly / Annually
Recommended Environmental Determination:
X Categorical Exclusion: Positive Determination:
X Negative Determination with Conditions Deferral:
Additional Elements:
Conditions: Local Procurement:
Government to Government: Donor Co-Funded:
Climate Change Vulnerability Analysis (included):

Sustainability Analysis (included): Adaptation/Mitigation Measures: Project technical assistance

activities are of moderate per the 2021-2025 climate risk
analysis. Climate risk screening is required 1. COR to share

1
The current Sri Lanka Climate Risk Profile:
https://www.climatelinks.org/sites/default/files/asset/document/Sri%20Lanka_CRP_Final.pdf and the
current Sri Lanka Tropical Forest and Biodiversity Analysis (2016 FAA 118/119):
https://www.usaidgems.org/Documents/FAA&Regs/FAA118119Asia/Sri%20Lanka%20FAA%20118-
119%20Analysis%20March%202016.pdf
The current CDCS:
https://www.usaid.gov/sites/default/files/documents/1861/CDCS_Sri_Lanka_December_2019.pdf
 strategic climate risk analysis 2021-2025 once approved with
IP and ensure appropriate screening at activity level. See
Annex 2 for climate risk screening format.

1. Background and Project Description

1.1. Purpose and Scope of IEE

The purpose of this document, in accordance with Title 22, Code of Federal Regulations, Part
216 (22CFR216), is to provide a preliminary review of the reasonably foreseeable effects on
the environment of the USAID/Sri Lanka and Maldives Adaptation Activity described herein and
recommend determinations and, as appropriate, conditions, for these activities. Upon approval, these
determinations become affirmed, per 22CFR216 and specified conditions become mandatory
obligations of implementation.

This IEE also documents the results of the project/activity level Climate Risk Management process in
accordance with USAID policy (specifically, ADS 201mal).

This IEE is a critical element of USAID’s mandatory environmental review and compliance
process meant to achieve environmentally sound activity design and implementation.
Potential environmental impacts should be addressed through formal environmental
mitigation and monitoring plans (EMMPs) and/or Environmental Assessments (EAs), if
needed.

1.2 Project Overview

The impacts of climate change are already slowing the Maldives’ and Sri Lanka’s economic growth
by degrading natural assets and resources that are critical to the competitiveness of key sectors and
livelihoods. These negative impacts are expected to increase for identified sectors and further affect
other sectors and wider communities in the future, given current trends. While responding to the
ongoing COVID-19 pandemic remains the paramount priority, investing in adaptation measures that
build capacity to respond to climate change impact will be critical to build long term and broader
resilience to future health, environmental, and economic crises in both countries.

Both Maldives and Sri Lanka are highly vulnerable to the impacts of climate change. Sea level rise,
coastal storm surges, and associated flooding pose a significant threat to the Maldives, where more
than 80% of the land area is less than one meter above sea level. Many inhabited islands in the
archipelago have experienced increasing intensity of extreme weather events in recent years,
including storm surges, strong winds, rough seas, and flooding2. These events continue to inflict
damage to coastal infrastructure, cause significant beach erosion, and increase the logistical
challenges of transporting essential goods and providing services across the 200 plus locally
inhabited and 150 plus resort islands of Maldives. Expanding human and economic development
activities exacerbate pressure on the country's fragile coral reef ecosystems and coastal zones leading
to reduced fish populations, beach erosion, and saltwater intrusion into freshwater tables. The public
sector responses to these events divert the Maldives’ public resources from funding other

Global Climate Risk 2019:

https://www.germanwatch.org/sites/germanwatch.org/files/Global%20Climate%20Risk%20Index%202019_2.pdf

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development needs. The driving forces of the Maldives economy, tourism and fisheries, are
particularly sensitive to the impacts of climate change: much of these industries’ assets and
infrastructure are primarily located within 100m of the coastline2. Considering that these two sectors
alone account for combined 40 percent of GDP and 27 percent of employment in the Maldives,
climate change poses a significant threat to the capacity of the Maldives’ economy to drive self-
reliance.

As an island nation highly vulnerable to the effects of climate change and dependent on maintaining
the richness of its natural resources and a sustainable energy system to drive economic growth and
provide for the welfare of all of its people, improving the resilience of Sri Lanka’s resource base to
shocks and stresses is critical to advancing inclusive self-reliance. Low-end estimates predict that,
even with mitigation measures, Sri Lanka will experience a 1.2 percent loss of annual GDP by 2050
due to climate change. Health, human settlements, and many sectors of the economy, including
power, transportation, infrastructure, industry, tourism, water resources, agriculture, food security
and aquaculture, are directly impacted by rainfall variation, temperature changes, and marine and
coastal degradation induced by climate change9. Floods and droughts are increasing, as is the
severity of landslides, especially in the highland regions2. Sea level rise and storm surges driven by
climate change threaten the heavily-populated west, southwest, and southern coastal belt areas,
where much economic activity takes place2. These impacts directly threaten the capacity of Sri
Lanka’s private sector to contribute to generate sustained, inclusive economic growth. The need for
the Government of Sri Lanka to respond to these events, both acute and gradual, depletes the
resources that it has available to invest in other development needs. Furthermore, ecosystem services
not only support local communities, but also act as a long-term buffer against increasing change and
mitigation and sequestration of carbon. Efforts to protect these habitats or reduce other non-climate
stressors can help to maintain the resilience of ecosystems and the services they provide.

Both countries have policy frameworks in place that identify climate change risks and resultant
adaptation needs, and prioritize adaptation strategies that incorporate input from community,
government, and the private sector. The Maldives’ National Adaptation Program (NAP) identifies
extensive erosion, impacts on critical infrastructure, tourism, fisheries, human health, water
resources, agriculture and food security as the immediate sectors with significant climate change
impact. The Maldives Climate Change Policy Framework (2015) identifies five policy goals to guide
the implementation of the NAP - sustainable financing, low emission development and ensuring
energy security, adaptation actions or opportunities and building a climate resilient infrastructure and
communities, building local capacity and taking up an advocacy role at international level, and
fostering sustainable development. Sri Lanka’s NAP identifies food production and food security,
conservation of water resources and biodiversity, coastal resources management, and infrastructure
design and development as priorities. The National Climate Change Policy of Sri Lanka provides
guidance to address the adverse impacts of climate change through broad policy statements under
Vulnerability, Adaptation, Mitigation, Sustainable Consumption and Production, Knowledge
Management and General Statements. Both the Maldives’ and Sri Lanka NAP’s also define
intended Nationally Determined Contributions (NDCs) to adapt to the impacts of climate change by
addressing these priorities; however, both countries lack the resources and expertise to
comprehensively implement these NDCs and coordinate activities across multiple ministries and
agencies. The need for both governments to redirect resources to respond to the health and economic
impacts of COVID-19, which has severely impacted tourism in both countries, has further
exacerbated the challenges faced in implementing the NDCs19.

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Both governments face challenges in developing and effectively implementing other policies, rules,
and regulations related to climate change and the protection of environmentally sensitive areas. On
paper, Sri Lanka has national policies on the environment, wetlands, and biosafety, but enforcement
is lax. Sri Lanka’s below average Environmental Policy commitment score reflects the
government’s implementation and coordination challenges applying its numerous existing
environmental laws, policies, and regulations. USAID’s Tropical Forest and Biodiversity Analysis
supports this, noting that inconsistent or, in some cases, inadequate or even absent application of
environmental laws, policies, strategies, regulations, and procedures drives a set of threats to Sri
Lanka’s resource base. Similarly, the Government of Maldives has developed a relatively
comprehensive set of rules and regulations regarding environmental protection and climate change
adaptation but lacks capacity for implementation, especially at the local governance level19. This
weak enforcement contributes to a significant trust deficit between government and firms19. Both
Maldives and Sri Lanka lack comprehensive frameworks for investments in climate change
adaptation approaches and lack strong private sector engagement and incentives to support these
investments19.

The Maldives’ and Sri Lanka’s private sectors struggle to identify and implement investments
needed to reduce vulnerability to climate change. In some cases, firms and private sectors
associations lack awareness of the numerous risks that climate change poses to their short- and long-
term financial viability and business sustainability. In other cases, firms tend to view climate change
adaptation through a corporate-social responsibility lens19. Those firms that do acknowledge climate
risks to their core business interests struggle to identify partnerships and solutions that would build
their capacity to adapt to climate change and invest in these solutions. The impact of COVID-19 has
exacerbated this situation by forcing firms to divert/focus their attention on sustaining essential
operations.

There are a small group of active non-governmental organizations (NGOs) in both Maldives and Sri
Lanka raising awareness on climate change impact and/or implementing climate change adaptation
initiatives. These NGOs have limited resources and capacity to advocate for and/or implement such
adaptation initiatives. Small grant mechanisms implemented through the US State Department, the
UN and regional USAID environmental initiatives continue to provide critical short-medium term
funding to support work by such NGO’s. However, long term support is needed to build their
capacity to network and advocate for public/private sector financing to sustain and expand their
efforts on climate advocacy and adaptation. Similarly, local communities in the Maldives and Sri
Lanka whose livelihoods are threatened by climate change-related stressors lack the capacity and
resources to implement initiatives that would make them less vulnerable19.

The above-mentioned challenges are exacerbated by a lack of access to high-quality data, analysis
and sharing of this information with relevant stakeholders to raise awareness and reduce
vulnerability to climate change. In Maldives, while high quality climate vulnerability data is
available to some extent, there is a need to better utilize this information for decision making
centrally and locally. Sri Lanka, government institutions lack detailed sector-specific and area-
specific climate risk data and information to inform decision making19. Both the Maldives and Sri
Lanka struggle to coordinate data collection and sharing between government agencies, the private
sector, NGOs, community organizations, and research institutions19. These issues limit the ability of
these stakeholders to make informed decisions and investments to adapt to climate change.

1.3 Project Description

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The impacts of climate change are already slowing Maldives’ and Sri Lanka’s economic growth and
social development by degrading natural assets and resources that are critical to its economic
competitiveness, and this negative impact is likely to increase in the future, given current trends. By
supporting innovative solutions to climate-related risks, strengthening governance of climate
sensitive areas and sectors, and improving the quality of and access to climate information, this
activity will enhance adaptive capacities of the Maldives’ and Sri Lanka’s private and public sectors
and local communities to climate change impact in ways that contribute to sustained, inclusive
market-based growth.

This activity will seek to achieve its purpose through three objectives: (1) identifying and scaling up
innovative solutions to climate-related risks through market-driven private sector and community
engagement, (2) strengthening central and/or local governance to address climate-related risks, and
(3) improving the quality of and access to information for decision-making to reduce vulnerability to
climate change.

Objective 1: Identify and scale up innovative solutions to adaptively manage climate-related

risks through market-driven private sector and community engagement

This activity will identify innovative solutions to adaptively manage climate-related risk through
market-driven private sector and community engagement and scale up successful initiatives. It will:
(1) improve the capacity of private sector associations to identify and build awareness of shared risks
in key economic sectors and establish dialog with the governments of Maldives and Sri Lanka about
the risks and benefits of investing in solutions; (2) incentivize and strengthen the capacity of private
sector partners to adapt to and mitigate climate-related risks in their business models and investment
chains, overcome business model barriers to climate change adaptation product or service adoption,
integrate climate change adaptation into core business interests, and identify financing opportunities
to fund and scale up climate change adaptation pilots; and (3) build the capacity of communities to
identify climate-related risks, devise solutions to adaptively manage these risks, strengthen
engagement and partnerships with public and private sector to support adaptation, and access
financing opportunities to implement these solutions. This activity will propose appropriate
interventions to scale up climate adaptation investments in Maldives and Sri Lanka that support an
enabling environment for investment, strengthen information and capacity development, and
improve financial markets and mechanisms.

Objective 2: Strengthen central and/or local governance to address climate-related risks

This activity will strengthen governance capacity of central and/or local governments in Maldives
and Sri Lanka to address climate-related risks. Efforts will be made to support the government to
incentivize and engage the private sector in climate change adaptation governance initiatives
wherever possible. It will: (1) identify and address gaps in regulatory and policy frameworks for
investments in climate change adaptation approaches and incentives for these investments; (2) build
government capacity, at the central and/or local level, to assess climate vulnerability, develop and
implement rules, regulations, and policy commitments (e.g., NDCs) related to soft and hard
adaptation measures and the management of environmentally sensitive and/or protected areas that
are vulnerable to the impacts of climate change; and (3) strengthen government capacity to
coordinate and integrate climate change adaptation governance measures across relevant ministries

12 5
and agencies, as well as engage the private sector in climate change adaptation-related policy
development and implementation.

Objective 3: Improve availability and access to high quality information for decision-making
to reduce vulnerability to climate change

This activity will: (1) improve availability and access to high quality information that the private
sector, government, non-government organizations, educational organizations, and communities
need to make informed decisions to reduce vulnerability to climate change; (2) improve
coordination between government and non-government agencies, the private sector, and research
institutions in the collection, analysis, and sharing of climate change-related information;
(3) support the development and dissemination of tools that facilitate the incorporation of
information into decision-making regarding investments in climate change adaptation activities; and
(4) promote initiatives that increase public awareness of climate change-related risks and adaptation
opportunities.

Results

The activity is expected to achieve the following illustrative results:

1. Innovative and improved climate change adaptation approaches developed that increase
private sector and community resilience to climate-related risks
2. Increased number of public and private enterprises implementing climate change adaptation
approaches
3. Increased decision-making using climate-risk information by public and private sectors
4. Increased number of laws, policies, regulations, or standards addressing climate change
adaptation formally proposed, adopted, or implemented
5. Improved government capacity to coordinate and integrate climate change adaptation across
the public sector portfolio
6. Increased public awareness of climate change risks and adaptation opportunities
7. Increased capacity of non-governmental organizations to support or advocate for adaptation
initiatives
8. Private and public resources mobilized for climate change adaptation

2. Baseline Environmental, Climate and Socio-economic Information

2.1. Locations Affected and Environmental Context

The mission’s Tropical Forest and Biodiversity analysis, and the Climate Resilience analysis for
2021-2025 performed at the CDCS and sector level informs this activity on environment and
climate impact for Sri Lanka. Activities in both countries will have a nation-wide coverage, and
majority of planned activities (70% of budget) will have no environmental impact. These
activities will mainly focus on technical assistance to strengthen policies, systems and
procedures of the public and private sectors in both countries to strengthen climate change
adaptation. It is anticipated that about 30% of the budget maybe invested to support specific
measures to adapt to the impacts of climate change in selected climate vulnerable regions and
areas in both countries.

2.2. Description of Applicable USG and Host Country Environmental and Natural Resource

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 Legal Requirements Policies, Laws, and Regulations
A Tropical Forest and Biodiversity Analysis (FA 118/119) was prepared for Sri Lanka in March
2016, as part of the Mission’s CDCS programming for 2017-2019. This analysis outlines the
environmental and natural resource legal requirements, policies, laws and regulations of the
country. As the Mission is currently developing its next CDCS for 2021-2025, this information
has been revised for the next CDCS period and is anticipated to be finalized and made public
prior to commencement of this activity. This updated analysis will briefly analyze the capacity
of the country’s public institutions tasked with conservation and environmental management.
For Maldives, a summary of the environmental and natural resource legal requirements,
policies, laws and regulations is provided under section 3.

2.3. Country/Ministry/Municipality Environmental Capacity Analysis

Four dedicated government agencies have been set up for environment and natural resources
management in Sri Lanka. This includes the: Forest Department, Central Environmental
Authority, Department of Coast Conservation and Coastal Resources, and Marine Environment
Protection Agency. There are several other government agencies and over 70 legal instruments
regulating environmental, water, biodiversity, forestry, etc. natural resources, but lack of proper
coordination and enforcement weakens the effective and efficient implementation. For Maldives,
a summary of institutional capacity is provided under section 3.

2.4 Climate Change Vulnerability Analysis + Eco-systems services

Climate risk is moderate in accordance CRM for the 2021-2025 CDCS and the IP will require
screening at the activity level, following the format provided in Annex 2. The IP shall review
locations where adaptation activities will be implemented to ensure that facilities are adequate
and they are not in areas/zones which may be affected by floods, extreme weather conditions,
sea level rise, etc. The activity level climate risk analysis will be performed once the geographic
areas for implementation in both countries are determined and adaptation/mitigation measures
will be included in the screening matrix and EMMP as appropriate.

3. Regulatory and Organizational Framework

Sri Lanka
Sri Lankan Environmental Management Policy originates from the Constitution. There are two
major provisions in the Sri Lankan Constitution related to the environment: Article 27 which makes
it the duty of the State to ʊSURWHFWSUHVHUYHDQGLPSURYHWKHHQYLURQPHQWIRUWKHEHQHILWRIWKH
FRPPXQLW\DQG$UWLFOHZKLFKHQVKULQHVWKHʊIXQGDPHQWDOGXW\RIHYHU\SHUVRQWRʊSURWHFW
nature and conserve its riches. The Constitution also enshrines the general right to information.

In Sri Lanka EIA was first introduced by the Coast Conservation (Amendment) Act No. 57 of 1981.
This applies to projects that come within the "Coastal Zone" 2. The "Coastal Zone" includes the area
lying within a limit of 300 meters land ward of the mean highwater line and a limit of 2 kilometers
seawards of the mean low water line. Under the Act, identification of projects that require EIA is left
to the discretion of the Director, Coast Conservation Department.

2
http://www.cea.lk/web/en/acts-regulations &
https://www.ecolex.org/result/?q=Sri+Lanka&type=legislation&xdate_min=&xdate_max=

12 7
The National Environmental (Amendment) Act No. 56 of 1988 introduced EIA, as a part of the
strategy to achieve sustainable development for the entire country and the Central Environmental
Authority was assigned regulatory functions. The Central Environmental Authority (CEA) was
established on 12th August 1981, under the provision of the National Environmental Act No:47 of
1980. The Ministry of Environment which was established in December 2001 has the overall
responsibility in the affairs of the CEA with the objective of integrating environmental
considerations into the development process of the country. The CEA was given wider regulatory
powers under the National Environment (Amendment) Acts No:56 of 1988 and No:53 of 2000.

Part IV C of the amendment act mandated that all "prescribed" development projects are required to
be subjected to Environmental Impact Assessment. Only large-scale development projects that are
likely to have significant impacts on environment are listed as prescribed projects. In addition,
"prescribed projects" if located in "environmental sensitive areas" are required to undergo EIA
irrespective of their magnitude.

The prescribed projects are listed in the gazette No 772/22 of 24th June 1993, 859/14 of 23rd
February 1995, 1104/22 of 5th November 1999 and 1108/1 of 29th November 1999.

The National Environmental Act stipulates that approval for all prescribed projects must be granted
by a Project Approving Agency (PAA). At present, 23 Government Agencies have been designated
as PAAs. A single Project Approving Agency is established as responsible for administrating the
EIA process for a project. When there is more than one PAA is involved the appropriate PAA is
decided by the CEA. It is important to note that a state agency which is a project proponent cannot
function as a PAA for that project. Project Approving Agencies are listed in the Gazette Extra
Ordinary No. 859/14 of 23rd February 1995 and Gazette Extra Ordinary ,No. 1373/6 of 29th
December 2004.

The National Environmental Act has identified two levels in the EIA process. If the environmental
impacts of the project are not very significant then the project proponent may be asked to do an
Initial Environmental Examination (IEE), which is a relatively short and simple study. However, if
the potential impacts appear to be more significant, the project proponent may be asked to do an
Environmental Impact Assessment (EIA) which is a more detailed and comprehensive study of
environmental impacts.

EIA reports must be kept open for public comments for 30 working days. IEE reports have been
exempted from this requirement. However, an Initial Environmental Examination report shall be
deemed to be a public document for the purposes of sections 74 and 76 of the Evidence Ordinance
(Chapter 21) and shall be open for inspection by the public.

EIA provisions are also included in the Fauna and Flora (Amended) Act No. 49 of 1993. According
to this Act, any development activity of any description what so ever proposed to be established
within one mile from the boundary of any National Reserve, is required to be subject to EIA, and
written approval should be obtained from the Director General, Department of Wild Life
Conservation prior to implementation of such projects.

Sri Lanka is a signatory to a myriad of multilateral international agreements related to the

environment, some thirty-one are cited in the relevant chapter, e.g. The Convention on International
Trade in Endangered Species of Fauna and Flora; RAMSAR Convention, Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and Their Disposal; Montreal Protocol

12 8
on Substances that Deplete the Ozone Layer; Biodiversity Convention and the Framework
Convention on Climate Change.

Sri Lanka’s regulations and policies related to climate change can be accessed on
https://www.climate-
laws.org/legislation_and_policies?from_geography_page=Sri+Lanka&geography%5B%5D=169&ty
pe%5B%5D=executive.

Maldives

The 2008 Constitution of Maldives stipulates the following:

Article 22 - Protection of the environment: The State has a fundamental duty to protect and
preserve the natural environment, biodiversity, resources and beauty of the country for the
benefit of present and future generations. The State shall undertake and promote desirable
economic and social goals through ecologically balanced sustainable development and shall take
measures necessary to foster conservation, prevent pollution, the extinction of any species and
ecological degradation from any such goals.

Article 23 - Economic and social rights: Every citizen the following rights pursuant to this
Constitution, and the State undertakes to achieve the progressive realization of these rights by
reasonable measures within its ability and resources: (a) adequate and nutritious food and clean
water; (b) clothing and housing; (c) good standards of health care, physical and mental; (d) a
healthy and ecologically balanced environment; (e) equal access to means of communication, the
State media, transportation facilities, and the natural resources of the country; (f) the
establishment of a sewage system of a reasonably adequate standard on every inhabited island;
(g) the establishment of an electricity system of a reasonably adequate standard on every
inhabited island that is commensurate to that island.

Article 67 – Responsibilities and duties: The exercise and enjoyment of fundamental rights and
freedoms is inseparable from the performance of responsibilities and duties, and it is the
responsibility of every citizen (a) to respect and protect the rights and freedoms of others; (b) to
preserve and protect the State religion of Islam, culture, language and heritage of the country; (c)
to preserve and protect the natural environment, biodiversity, resources and beauty of the country
and to abstain from all forms of pollution and ecological degradation; (d) Every person in the
Maldives must also respect these duties.

Article 248 - Land, sea and naturally occurring valuable resources: (a) The land, sea, and seabed,
including all fish within the territory of the Maldives, and all naturally occurring resources,
including metallic ores, petroleum and gas, shall vest in the State. (b) All living, non-living and
naturally occurring resources of value within the Exclusive Economic Zone of the Maldives and
the seabed shall vest in the State.

The main legislative instrument for the protection of the environment in the Maldives is the Law
on the Protection and Preservation of the Environment (EPPA, Law No. 4/93). 3 Law No. 4/93
established a framework upon which regulations and policies can be developed to protect and

3
http://en.epa.gov.mv/regulations

12 9
 preserve the natural environment and resources for the benefit of future generations.
Additionally, Environmental Impact Assessment (EIA) has been made mandatory for large scale
projects in the Maldives through the Environmental Protection and Preservation Act (4/93). The
legislation provides the basic framework for the EIA process in the country and the EIA
procedures are laid out in the form of guidelines.

EPPA Article 2 states that the concerned government authorities shall provide the necessary
guidelines and advise on environmental protection in accordance with the prevailing conditions
and needs of the country. All concerned parties shall take due considerations of the guidelines
provided by the government authorities. Article 4 states that the Ministry of Environment shall
be responsible for identifying protected areas and natural reserves and for drawing up the
necessary rules and regulations for their protections and preservation. According to Article 5 (a)
of the Act, an Environmental Impact Assessment study shall be submitted to the Ministry of
Environment before implementing any development project that may have a potential impact on
the environment. As per Article 5 (b), The Ministry of Environment shall formulate the
guidelines for EIA and shall determine the projects that need such assessment as mentioned in
paragraph (a) of this clause. As per Article 6, the Ministry of Environment has the authority to
terminate any project that has any undesirable impact on the environment. A project so
terminated shall not receive any compensation. Article 7 states that any type of waste, oil,
poisonous gases or any substances that may have harmful effects on the environment shall not be
disposed within the territory of the Maldives. In cases where the disposal of the substances
becomes absolutely necessary, they shall be disposed only within the areas designated for the
purpose by the government. If such waste is to be incinerated, appropriate precautions should be
taken to avoid any harm to the health of the population. Article 8 states that Hazardous/Toxic or
Nuclear Wastes that is harmful to human health and the environment shall not be disposed
anywhere within the territory of the country.

Environmental Impact Assessment Regulations were issued by the Ministry of Environment and
Energy (MEE) on 8 May 2012. The first step in environmental assessment process involves
screening of the project to be classified as one that requires an Environmental Impact
Assessment (EIA) or not. Based on this decision, the Ministry, EPA and other stakeholders
decides the scope of the EIA which is discussed with the proponent and the EIA consultants in a
“scoping meeting”. The consultants then undertake the EIA starting with baseline studies, impact
prediction and finally reporting the findings with impact mitigation and monitoring program.
This report follows the principles and procedures for EIA outlined in the EIA regulations. The
EIA report is reviewed by EPA following which an EIA Decision Note is given to the proponent
who should implement the Decision Note accordingly. As a condition of approval, appropriate
environmental monitoring may be required and the proponent shall have to report monitoring
data at required intervals to the EPA. The project proponent is committed to implement all
impact mitigation measures that are specified in this EIA report. Furthermore, the proponent is
committed to environmental monitoring and shall fulfil environmental monitoring requirements
that may be specified in the EIA decision note as a condition for project approval. The processes
specified in this ESMF for the EIA or EMP preparation is based on the EIA regulations of 2012.
Any requirement to carry out civil engineering works, such as construction of channels or
harbors would need to comply with the requirements of the Environmental Impact Assessment
Regulations, 2007. The requirement for and the regulations relating to the preparation of
Environmental Impact Assessments are set out in the Environment Impact Regulations, 2007
which are enforced under Environment Protection and Preservation Act (Law No. 4/93).

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 Under this Law: (a) The “environment” means all the living and non-living things that surround
and affects the lives of human beings; and (b) A “project” is any activity that is carried out with
the purpose of achieving a certain social or economic objective. This regulation has undergone a
number of amendments in 2013, 2015 and 2016. These amendments included revision of EIA
review period and associated costs, qualification required for monitoring the Environmental
Management Plan, revision to the list of projects that requires EIAs, projects that can be
undertaken by simply applying mitigation measures defined by EPA such as for dredging of
harbors, clearance of vegetation within allocated plots for households and for roads, transferring
EIA decision making to Minister of Tourism for tourism related activities; categorization of EIA
consultants, point system for consultants to assess performance and license suspension, a code of
conduct for consultants, and increment to the fine for non-compliance of regulations and
violations.

The Regulation on Environmental Liabilities (Regulation No. 2011/R-9) The objective of this
regulation is to prevent actions violating the Environmental Protection and Preservation Act 4/93
and to ensure compensations for all the damages that are caused by activities that are detrimental
to the environment. This includes all the activities that area mentioned in clause 7 of EPA Act as
well as those activities that take place outside the projects that are identified here as
environmentally damaging. The regulation sets mechanisms and standards for different types of
environmental liabilities and equal standards that shall be followed by the implementing agency
while implementing the regulation. According to this regulation the Government of Maldives
reserves the right to claim compensation for all the activities which have breached the
Environmental Protection and Preservation Act 4/93.

Environmentally Sensitive Areas (ESA) List, 2014. Environmentally Sensitive Areas (ESA) are
islands with unique features, reef systems, mangroves, wetlands, seagrass beds or places that are
vital to the long-term maintenance of biological diversity, beach sediments, soil, water and other
natural resources and features, especially as they relate to human health, safety, and welfare, both
on the island and in an atoll context. These features are highly valued, both for their scenic
beauty and for the habitats they provide for the flora and fauna. The compilation of the list was
initiated in 2009 with the assistance of the local Island Offices and other stakeholders. The list
has been produced to identify environmentally and economically significant areas to offer
protection, safeguard and enhance the conservation of the biological diversity of the country.

Commencing from 1st January 2011, under the Environmental Protection and Preservation Act:
4/93, the sites listed had been identified as Environmentally Sensitive Areas (ESAs). This ESA
list helps in safeguarding, minimizing and mitigating the environmental impacts from different
development projects, by monitoring the development in the area with the involvement of all
stakeholders. The areas identified in the ESA are not protected areas. A site/habitat being
identified as an ESA does not indicate that sustainable development cannot take place. It
encourages development to take place, taking into consideration the conservation of the sensitive
area, there 35 by mitigating the negative impacts. It has been noted that ESA cannot be used as a
reason for refusing sustainable development applications.

Regulation on Sand and Aggregate and Coral Mining This regulation addresses sand mining
from islands and sand banks. Sand and aggregate mining from beaches of any island whether
inhabited or uninhabited is banned for protection of the islands. Permissions for sand and

12 11
 aggregate mining from other areas shall be obtained from the relevant authorities. There is
another similar regulation named “Regulation on Coral Mining (1990), which is only applicable
to coral mining from the ‘house reef’ of islands and the atoll rim reefs.

Dewatering Regulation (213/R-1697) This regulation is constituted for the purpose of ensuring
that the drainage of water in the islands of the Maldives in the process of dewatering and
subsequent dumping of discharge water into the soil or to the sea, is conducted with minimal
impact to the environment. Given water is the source of life and one of the essential elements
forming the environment, the purpose of this regulation is to avoid contamination of the
groundwater table, to mitigate the damage caused to the water table; and to protect the habitat,
the environment, the public and all living organisms from the impact of dewatering. This
regulation is enacted from the rights vested on the Ministry of Environment from Article 3 of Act
4/93 (Maldives Environment Protection and Preservation Act). This regulation is enforced by the
Environment Protection Agency on behalf of the Ministry. In addition to the institutions of the
state, it is the responsibility of every individual to protect the groundwater table of the islands of
the Maldives and to manage it in a sustainable manner. The process of dewatering for any
industrial purpose shall be conducted on any island pursuant to the guidelines prescribed in this
regulation and after having obtained permission in writing from the implementing agency or
from their delegate.

Waste Management Regulation (WMR) was published in August 2013 and is effective from
February 2014. It has been implemented by the Environmental Protection Agency (EPA). The
aim of WMR is to implement the national waste policy which contains specific provisions to: (a)
Implement measures to minimize impacts on human health, (b) Formulate and implement waste
management standards, (c) Implement an integrated framework for sustainable waste
management, (d) Encourage waste minimization, reuse and recycling (e) Implement Polluter-
Pays Principle ( f) Introduce Extended Producer Responsibility.

WMR contains four main sections: (i) Waste management standards: Defines standards for waste
collection, transfer, treatment, storage, waste site management, landfills and managing hazardous
waste. (ii) Waste Management Permits: Defines approval procedures for waste sites, (iii) Waste
transfer: Standards and permits required for waste transport on land and sea, including
transboundary movements, (iv) Reporting requirements: Defines reporting and monitoring
requirements and procedures, (v) Enforcement: Defines procedures to implement WMR and
penalties for non-compliance. If any hazardous waste including electronic waste is to be disposed
in the Maldives, it should be handled by waste sites specifically approved to manage hazardous
and Special Category waste. Transportation and handling shall also conform to the standards
specified in WMR.

If the waste is to be exported for reuse or disposal in another country, an application needs to be
submitted to EPA 3 months prior to the shipping date. EPA will issue an approval based on
compliance with WMR clauses and international conventions. Thus, all the subprojects will need
to comply with the WMR in disposing construction and decommissioning related wastes as
applicable.

The Maldives Tourism Act (Law No. 2/99) provides for the determination of zones and islands
for the development of tourism in the Maldives: the leasing of islands for development as tourist
resorts, the leasing of land for development as tourist hotels and tourist guesthouses, the leasing

12 12
 of places for development as marinas, the management of all such facilities; and the operation of
tourist vessels, diving centers and travel agencies, and the regulation of persons providing such
services. The Act has undergone several amendments to take in the sectors development goals.
The Government of the Maldives has developed and adopted planning procedures and processes
that consider biodiversity conservation.

Maldivian Land Act, 2002 The Act governs the allocation of Maldivian land for different
purposes and uses and other issues regarding the issuing of land, issuing of state dwellings for
residential purposes, conduct regarding state dwellings or private dwellings constructed for
residential purposes and the sale, transfer and lease of Maldivian Land. All transactions
concerning the issuing, receiving, owning, selling, lease, utilizing and using Maldivian land shall
be conducted in compliance with this Act. In accordance with section 3 of this Act, land shall be
allocated for the following purposes and uses. (a) For the construction of households and
buildings for residential purposes. (b) For commercial use. (c) For social use. (d) For
environmental protection. (e) For government use.

Maldives is a party to the following international environmental conventions 4:

භ UNFCCC
භ Convention on Biodiversity
භ United Nation Convention to Combat Desertification
භ United Nations Convention on the Law of the Sea
භ International Convention for the Prevention of Pollution of the Sea by Oil
භ Vienna Convention for the Protection of the Ozone Layer
භ Montreal Protocol on Substances that Deplete the Ozone Layer
භ Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal
භ Stockholm POPs Convention
භ Washington Declaration on the Protection of the Marine Environment from Land-Based
Activities.

Important institutions dealing with environmental issues are 5:

භ Ministry of Planning
භ Ministry of Environment 6
භ National Environment Council
භ Ministry of Atolls Administration
භ Maldives Water and Sanitation Authority
භ Ministry of Fisheries and Agriculture
භ Marine Research Section

4
http://www.bluepeacemaldives.org/pdfs1/Environment%20Treaties%20to%20Which%20the%20Maldives%20is%20Par
ty[1].pdf and https://en.wikipedia.org/wiki/Category:Treaties_of_the_Maldives
5
http://www.sacep.org/pdf/Reports-Technical/2001-UNEP-SACEP-Law-Handbook%20-Maldives.pdf
https://presidency.gov.mv/
https://www.preventionweb.net/english/countries/asia/mdv/
6
http://www.environment.gov.mv/v2/en/

12 13
 භ Selected Islands Development Unit

Maldives’ regulations and policies related to climate change can be accessed on

https://www.climate-
laws.org/legislation_and_policies?from_geography_page=Sri+Lanka&geography%5B%5D=169&ty
pe%5B%5D=executive.

4. Analysis of Potential Environmental and Social Impacts

Illustrative Activities Potential Impacts

Objective 1: Identify and scale up innovative solutions to adaptively manage climate-

related risks through market-driven private sector and community engagement

x Technical assistance provided to Some of these activities, depending on the approach

private sector identify and build followed, may impact the natural or physical
awareness of shared climate risks environment and can be considered for a Negative
in key economic sectors and Determination with Conditions. The conditions to
establish dialog with the be followed are stipulated in Section 4.3.
governments of Maldives and Sri
Lanka about the risks and benefits
of investing in solutions
x Technical assistance provided to
private sector partners to adapt to
and mitigate climate-related risks
in their business models and
investment chains, overcome
business model barriers to climate
change adaptation product or
service adoption, integrate climate
change adaptation into core
business interests, and identify
financing opportunities to fund and
scale up climate change adaptation
pilots;
x Technical assistance provided to
communities to identify climate-
related risks, devise solutions to
adaptively manage these risks,
strengthen engagement and
partnerships with public and
private sector to support
adaptation, and access financing

12 14
 opportunities to implement these
solutions.
x Identify opportunities to scale up
climate adaptation investments in
Maldives and Sri Lanka that
support an enabling environment
for investment, strengthen
information and capacity
development, and improve
financial markets and
mechanisms.
Objective 2: Strengthen central and/or local governance to address climate-related risks
x Provide training/technical Some of these activities, depending on the approach
assistance to strengthen followed, may impact the natural or physical
governance capacity of central environment and can be considered for a Negative
and/or local governments in Determination with Conditions. The conditions to
Maldives and Sri Lanka to address be followed are stipulated in Section 4.3.
climate-related risks.
x Identify opportunities to support
government to incentivize and
engage the private sector in
climate change adaptation
governance initiatives wherever
possible.
x Identify and address gaps in
regulatory and policy frameworks
for investments in climate change
adaptation approaches and
incentives for private sector
investments
x Provide training/technical
assistance at the central and/or
local level, to assess climate
vulnerability, develop and
implement rules, regulations, and
policy commitments (e.g, NDCs)
related to soft and hard adaptation
measures and the management of
environmentally sensitive and/or
protected areas that are vulnerable
to the impacts of climate change;
and
x Facilitate strengthening
government capacity to coordinate
and integrate climate change
adaptation governance measures
across relevant ministries and

12 15
 agencies, as well as engage the
private sector in climate change
adaptation-related policy
development and implementation.

Objective 3: Improve availability and access to high quality information for decision-
making to reduce vulnerability to climate change

x Provide technical assistance to These activities will not have an effect on the
improve availability and access to natural or physical environment and can be
high quality information that the considered for a Categorical Exclusion
private sector, government, non- Determination under §216.2(c)(2)(i) Education,
government organizations, technical assistance, or training programs.
educational organizations, and
communities need to make
informed decisions to reduce
vulnerability to climate change;
x Provide technical support to
facilitate coordination between
government and non-government
agencies, the private sector, and
research institutions in the
collection, analysis, and sharing of
climate change-related
information;
x Develop and disseminate tools that
facilitate the incorporation of
information into decision-making
regarding investments in climate
change adaptation activities.
x increase public awareness of
climate change-related risks and
adaptation opportunities through
campaigns, awareness events etc.

12 16
4.2 Recommended Environmental Determinations: Categorical Exclusion and Negative
Determination with Conditions

Categorical Exclusions (70 % of total funding):

A Categorical Exclusion is recommended for all activities under Objective 3 and some activities under
Objectives 1 and 2 under §216.2(c)(2)(i,)(ii,)(v) and (xiv.) except to the extent such programs include
activities directly affecting the environment.

Recommended Environmental Action

x MEO/CIL review, advises and concur together COR on the workplan.
x Some activities may have adverse impacts due to COVID-19 which effects are expected to
continue through 2022. In these circumstances the recommended environmental actions and
conditions approved in Asia COVID 19 PIEE Asia 20-042 shall be distilled and applied.

Negative Determination with Conditions (30 % of total funding):

A Negative Determination with Conditions is recommended for some activities under Objectives 1 and
2. Specific terms and conditions for these activities are presented below in Section 4.3.

4.3 Terms and Conditions

The IP shall:
x In the offeror’s proposal and budget, establish the processes, required technical and financial
resources required to ensure full compliance with conditions approve in this IEE.
x Implement the project concurrent with Threshold Decisions and scope of conditions approved in
Asia COVID 19 Programmatic Initial Environmental Examination (PIEE,) Asia 20-042.
x Ensure that all activities seek to raise environmental awareness, promote national
environmentally and socially sustainable development, biodiversity conservation, mitigation of
and adaptation to climate change, foster the culture of environmental compliance and governance
x Include environment compliance considerations into all aspects of the project’s implementation
and shall promote and train local counterparts on environmental and social requirements and
standards across all project’s activities. Such proposed activities shall be included into annual
work plans, and results shall be reported in annual reports.
x Consider direct, indirect, cumulative and induced threats to environment, including biodiversity
and forests, ecosystems and follows recommendations for biodiversity and forest conservation
established in the Sri Lanka 2016 FAA 118/119 report (currently FAA 118/119 report and
Climate Risk Annex are being updated for the new Sri Lanka CDCS and will shared after their
approval)
x Ensure that each activity is conducted in a manner consistent with good design and
implementation practices described in USAID Environmental Guidelines for Small-Scale
Activities at: https://www.usaid.gov/environmental-procedures/sectoral-environmental-social-
best-practices; IFC Environmental, Health and Safety Guidelines at:
https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainabil
ity-at-ifc/policies-standards/ehs-guidelines
x In accordance with ADS 201mal
[https://www.usaid.gov/sites/default/files/documents/1868/201mal_042817.pdf ] conduct climate
risk screening (CRS) for all activities prior to commencement. CRS shall be presented in the
format in Annex 2.
x Present an Environmental Review Checklist (ERC) per the format in Annex 1 and appropriate
commensurate mitigation, adaptation, monitoring and reporting measures shall be developed and
presented in activity-specific Environmental Mitigation and Monitoring Plan (EMMP) for NDC
activities and these shall be reviewed and approved by the MEO/CIL and COR; (sub-) sectoral
activities, which are similar in scope and nature can be “bundled” for the purpose of
environmental and climate risk analysis
x Use the ERC as a main reporting document for each activity having moderate/high
environmental and social impact.
x Procurement of electronic and other equipment shall be in accordance with ADS 312; electronic
equipment shall be procured from certified dealers/retailers, used in environmentally sound
manner in accordance with manufacturer’s manuals, and after useful life returned to the original
dealer/retailer for the safe and environmentally sound disposal, and/or if when transferred to a
beneficiary shall have a written document stipulating equipment’s use in safe and
environmentally sound manner and compliant disposal at the end of its useful life in accordance
with the Government of Sri Lanka regulations.
x Have a qualified COR and MEO/CIL-approved environmental impact professional(s) (EIP) who
will assess and recommend environmental actions to be taken by the program and will coordinate
implementation of mitigation measures, monitoring, and reporting.
x Ensure that IP conducts environmental reviews and will identify: 1) activity category in
consultation with the COR and MEO/CIL; 2) potential environmental and social impacts (based
on his/her technical knowledge of the Sri Lankan, Maldivian, U.S., and international
environmental standards, guidelines, requirements, and practices; and 3) mitigation and
monitoring measures needed. Should IP lack any special technical knowledge to identify any
special environmental impact, the IP will consult with a specialist in the relevant area.
x Ensure that Sri Lankan and Maldivian Environmental, Occupational Health and Safety (OHS,)
labor and other relevant laws and regulations, standards, norms and best practices for
environmental protection and management are followed in implementing the activities.
x Implementer shall ensure compliance by its staff, subcontractors, and sub-grantees with USAID
regulations, policies, procedures and acceptable best practice as well as compliance with
applicable international environmental obligations of Sri Lank and Maldives, including those of
ILO, FAO and WHO.
x Ensure that for activities categorized as “potential risks”' or “definite risks” of adverse
environmental and social impact a letter is obtained from the local or regional office for
environmental protection, and other offices as warranted, stating that the office: a) has been
contacted by the Implementer concerning the project activities; b) will maintain contact with the
project; and c) will be aware of the potential environmental impacts of the project to help ensure
that no detrimental impact will result from this project.
x Ensure that for such activities prior to their implementation meaningful public consultations are
conducted and that concurrence from the national duly authorized environmental agency on
EMMP is obtained.
x That commensurate monitoring is conducted during the project (beginning with baseline
conditions) to determine the environmental and social impact (positive and/or negative) of
project activities.
x Use only qualified staff for overseeing the mitigation and monitoring work; monitoring shall
occur on an as-needed basis.
x Ensure that the environmental procedures are implemented, potential impacts mitigated, and
indirect, cumulative and induced effects are considered for each activity. If potentially
significant un-anticipated negative environmental and social impacts are discovered through
 regular monitoring and evaluation of project activities, immediate actions, in consultation with
COR and MEO/CIL shall be taken to rectify the situation.

Resource Allocation, Training and Reporting requirements:

The contract with the Implementing Partner shall include a requirement to follow all conditions
approved in this IEE.

x The Implementer shall be responsible for training his staff, grantees, subcontractors, and
counterparts on the contract’s environmental and social requirements and for ensuring their
compliance with these requirements.

x The Implementer shall have financial (budget) and technical capabilities to perform any
required environmental and social assessment work in accordance with 22 CFR 216 and this
IEE.

x The Implementer shall have the following documentation and reporting requirements
associated with the environmental compliance:

x Annual Work Plans shall have a section on the planned activities related to environmental
compliance.
x The ERCs and EMMPs as described above shall be developed or adapted by the
Implementer and approved by USAID prior to the launch of each activity, including grants,
having an adverse impact on physical and natural environment.
x CRM for all activities with moderate to high risk identified through format provided in
Annex 2 to be reviewed and approved by COR and MEO/CIL.
x Progress Reports shall have a section on the status of activities related to environmental
and social compliance and results, with documented/photographic evidence, including
project summaries along with environmental and social impacts, success or failure of
mitigation measures being implemented, results of environmental monitoring, and any
major modifications/revisions to the project. If the activities implemented do not have any
negative impact on the environment, this should be documented as well.
x Implementer’s annual report shall include an annex containing a table indicating the title,
date of award, and category of each grant activity, and status of mitigation measures and
monitoring results, when applicable.
x Final Report shall 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.
x Site specific ER Checklists will be submitted to USAID at the completion of each relevant
activity at every affected project site, 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 COR and MEO/CIL.

USAID Responsibilities:
x MEO/CIL and COR shall review and concur with any program description for specific
 tasks/activities so that it’s consistent with USG and Sri Lankan and Maldivian requirements.
x All approved Threshold Decisions, conditions and stipulation for revisions shall be fully
transposed into procurement instruments.
x At the post-award conference, the COR together with the MEO/CIL shall explain to the
implementing partner the approved Threshold Decisions and conditions.
x Mission will provide for environmental training to the IP the prior to the start of the project’s
implementation.

5. Limitations of the IEE:

x Assistance for the procurement (including 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 or activities involving procurement,
transport, use, storage, or disposal of toxic materials cannot go forward until Pesticide
Evaluation Report and Safer Use Action Plan (PERSUAP) is prepared by the IP, reviewed and
approved by BEO/Asia. Pesticides cover all insecticides, fungicides, rodenticides, etc. covered
under FIFRA - ‘Federal Insecticide, Fungicide, and Rodenticide Act’.
x DCA and GDA
x Activities involving support to wood processing, agro-processing, industrial enterprises, and
regulatory permitting.
x Non-native, potentially invasive species of flora and fauna
x Scoping Statement and Environmental Assessment (EA) to be conducted, in the event the
screening process indicates that USAID activity may have potentially significant adverse
environmental and social impacts. The SOW for and Scoping Statement and EA Report shall
be approved by the Asia Bureau Environmental Officer prior to start of activities.
x Assistance, procurement or use of genetically engineered organisms (GEOs) shall be in
accordance with ADS 211 and derived conditions to be approved in an amendment to the IEE
approved by Agency Biosafety Officer with concurrence by Asia BEO and BEO/BFS.

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

6. Revisions

Pursuant to 22 CFR 216.3(a)(9), if new information becomes available which indicates that activities
to be funded by the Project might be "major" and the Program’s effect "significant", this determination
will be reviewed and revised by the originator of the project and submitted to the Asia Bureau
Environmental Officer for approval and, if appropriate, an environmental assessment will be prepared.
It is the responsibility of the COR to timely inform the MEO/CIL and BEO/Asia of any changes in the
scope and nature of the approved activities, which may warrant the revision of the approved Threshold
Decisions.
 Environmental Threshold Decision Clearances

Drafted by: Nihani Riza, Project Management Specialist

REED JAY Digitally signed by REED

AESCHLIMAN JAY AESCHLIMAN (affiliate)

Approval: Date: 2020.12.16 16:21:12
(affiliate) +05'30'
_____________________________________ _____________________
Reed Aeschliman Date
Mission Director

Clearance: Cleared via email 12/16/2020

Darlene Foote, Acting Office Director Date
Program Policy Support Office

Clearance: Cleared via email 12/16/2020

Michelle Koscielski Date
Office Director
Economic Growth

Clearance: Cleared via email 12/16/2020

Nihani Riza Mission Environmental Officer/ Date
Deputy Mission Environmental Officer

Clearance: cleared via email 12/15/2020

Andrei Barannik Date
Regional Environmental Advisor,
SCA & Afghanistan and Pakistan
Digitally signed by William L
William L Gibson Gibson
Date: 2020.12.16 09:25:19 -05'00'
Clearance: _____________________________________ _______________
William Gibson Date
Asia Bureau Environmental Officer

Note to BEO: This IEE is Procurement Sensitive, do not post until cleared by USAID/OAA in
writing to BEO/Asia.

POC: Contracting Officer: Marcus Johnson email: [email protected]

This IEE may be posted upon clearance.

Cc: Project Files, MEO/CIL Tracking, RLO, OAA

ANNEX 1

ENVIRONMENTAL REVIEW CHECKLIST

FOR IDENTIFYING POTENTIAL
ENVIRONMENTAL IMPACTS
OF PROJECT ACTIVITIES AND
PROCESSES

for [Activity Name]

Implemented under: [Project Name]

DCN: [of Parent IEE]

Prepared by: [Implementer]

ENVIRONMENTAL REVIEW CHECKLIST FOR IDENTIFYING POTENTIAL
ENVIRONMENTAL IMPACTS OF PROJECT ACTIVITIES AND PROCESSES

The Environmental Review Checklist for Identifying Potential Environmental Impacts of Project Activities and
Processes (ERC) is intended for use mainly by implementing partners to: assess activity-specific baseline
conditions, including applicable environmental requirements; identify potential adverse environmental effects
associated with planned activity(s) and processes; and develop environmental mitigation and monitoring plans
(EMMPs) that can effectively avoid or adequately minimize the identified effects. This ERC can also be substituted
for other ERC versions that may have been attached to project initial environmental examinations (IEE). If
implementing partners are in doubt about whether a planned activity requires preparation of an ERC, they should
contact their Contracting Officer’s Representative (COR)/Agreement Officer’s Representative (AOR) for
clarification. (When preparing the checklist, please indicate “not applicable” for items that have no bearing on the
activity.)
A. Activity and Site Information

Project Name: (as stated in the triggering IEE)

Mission/Country:
DCN of Triggering IEE:
Activity/Site Name:
Type of Activity:
Name of Reviewer and Summary of Professional
Qualifications:
Date of Review:
B. Activity Description

1. Activity purpose and need

2. Location of activity

3. Beneficiaries, e.g., size of community, number of school children, etc.

4. Number of employees and annual revenue, if this is a business

5. Implementation timeframe and schedule

6. Detailed description of activity and site, e.g., size of the facility or hectares of land; steps that
will be taken to accomplish the activity

7. Existing or planned certifications, e.g., ISO 14001 EMS, ISO 9000, HCCP, SA 8000, Global
Gap, Environmental Product Declarations, Eco Flower, EcoLogo, Cradle to Cradle, UL
Environment, GREENGUARD, Fair Trade, Green Seal, LEED, or various Forest Certifications

8. Site map, e.g., provide an image from Google Earth of the location

9. Photos of site (when available)

C. Activity-Specific Baseline Environmental Conditions

1. Population characteristics

2. Geography

3. Natural resources, e.g., nearby forest/protected areas, ground and surface water resources

4. Current land use

5. Proximity to public facilities, e.g. schools, hospitals, etc.

6. Other relevant description of current environmental conditions in proximity to the activity

D. Legal, Regulatory, and Permitting Requirements

1. National environmental impact assessment requirements for this activity

2. Applicable National or local permits for this activity, responsible party, and schedule for
obtaining them:

Permit Type Responsible party Schedule

Zoning
Building/Construction
Source Material Extraction
Waste Disposal
Wastewater
Storm Water Management
Air Quality
Water Use
Historical or Cultural Preservation
Wetlands or Water bodies
Threatened or Endangered Species
Other
3. Additional national or other international environmental laws, conventions, standards
with which the activity might be required to comply

a. Air emission standards

b. Water discharge standards

c. Solid waste disposal or storage regulations

d. Hazardous waste storage and disposal

e. Historical or cultural preservation

f. Other
 E. Engineering Safety and Integrity (for Sections E. and F., provide a discussion for any
of the listed issues that are likely to have bearing on this activity)

1. Will the activity be required to adhere to formal engineering designs/plans?

Have these been or will they be developed by a qualified engineer?

2. Do designs/plans effectively and comprehensively address:

a. Management of storm water runoff and its effects?

b. Reuse, recycling, and disposal of construction debris and by-products?

c. Energy efficiency and/or preference for renewable energy sources?

d. Pollution prevention and cleaner production measures?

e. Maximum reliance on green building or green land-use approaches?

f. Emergency response planning?

g. Mitigation or avoidance of occupational safety and health hazards?

h. Environmental management of mobilization and de-mobilization?

i. Capacity of the host country recipient organization to sustain the environmental

management aspects of the activity after closure and handover?

3. Are there known geological hazards, e.g., faults, landslides, or unstable soil
structure, which could affect the activity? If so, how will the project
ensure structural integrity?

4. Will the site require grading, trenching, or excavation? Will the activity
generate borrow pits? If so, how will these be managed during
implementation and closure?

5. Will the activity cause interference with the current drainage systems or
conditions? Will it increase the risk of flooding?

6. Will the activity interfere with above- or below-ground utility transmission

lines, e.g., communications, water, sewer, or natural gas?

7. Will the activity potentially interfere with vehicle or pedestrian traffic?

8. Does the activity increase the risk of fire, explosion, or hazardous chemical
releases?

9. Does the activity require disposal or retrofitting of polychlorinated

biphenyl-containing equipment, e.g., transformers or florescent light
ballasts?
 F. Environment, Health, and Safety Consequences

1. Potential impacts to public health and well-being

a. Will the activity require temporary or permanent property land taking?

b. Will activities require temporary or permanent human resettlement?

c. Will area residents and/or workers be exposed to pesticides, fertilizer, or other toxic
substances, e.g., as a result of farming or manufacturing? If so, how will the project:

i. Ensure that these chemicals do not contaminate ground or surface water?

ii. Ensure that workers use protective clothing and equipment to prevent
exposure?

iii. Control releases of these substances to air, water, and land?

iv. Restrict access to the site to reduce the potential for human exposure?

d. Will the activity generate pesticide, chemical, or industrial wastes? Could these
wastes potentially contaminate soil, groundwater or surface water?

e. Will chemical containers be stored at the site?

f. Does the activity remove asbestos-containing materials or use of building materials

that may contain asbestos, formaldehyde, or other toxic materials? Can the project
certify that building materials are non-toxic? If so, how will these wastes be
disposed of?

g. Will the activity generate other solid or hazardous wastes such as construction
debris, dry or wet cell batteries, florescent tubes, aerosol cans, paint, solvents, etc.?
If so, how will this waste be disposed of?

h. Will the activity generate nontoxic, nonhazardous solid wastes (subsequently

requiring land resources for disposal)?

i. Will the activity pose the need to handle and dispose of medical wastes? If so,
describe measures of ensuring occupational and public health and safety, both
onsite and offsite.

j. Does the activity provide a new source of drinking water for a community? If so,
how will the project monitor water quality in accordance with health standards?

k. Will the activity potentially disturb soil contaminated with toxic or hazardous
materials?
 l. Will activities, e.g., construction, refurbishment, demolition, or blasting, result in
increased noise or light pollution, which could adversely affect the natural or
human environment?

2. Atmospheric and air quality impacts

a. Will the activity result in increased emission of air pollutants from a vent or as
fugitive releases, e.g., soot, sulfur dioxide, oxides of nitrogen, volatile organic
compounds, methane.

b. Will the activity involve burning of wood or biomass?

c. Will the activity install, operate, maintain, or decommission systems containing

ozone depleting substances, e.g., freon or other refrigerants?

d. Will the activity generate an increase in carbon emissions?

e. Will the activity increase odor and/or noise?

3. Water quality changes and impacts

a. How far is the site located from the nearest river, stream, or lake?

b. Will the activity disturb wetland, lacustrine, or riparian areas?

c. What is the depth to groundwater at the site?

d. Will the activity result in increased ground or surface water extraction? If so, what
are the volumes? Permit requirements?

e. Will the activity discharge domestic or industrial sewage to surface, ground water,
or publicly-owned treatment facility?

f. Does the activity result in increased volumes of storm water run-off and/or is there
potential for discharges of potentially contaminated (including suspended solids)
storm water?

g. Will the activity result in the runoff of pesticides, fertilizers, or toxic chemicals into
surface water or groundwater?

h. Will the activity result in discharge of livestock wastes such as manure or blood into
surface water?

i. Does the site require excavation, placing of fill, or substrate removal (e.g., gravel)
from a river, stream or lake?

4. Land use changes and impacts

a. Will the activity convert fallow land to agricultural land?

 b. Will the activity convert forest land to agricultural land?

c. Will the activity convert agricultural land to commercial, industrial, or residential

uses?

d. Will the activity require onsite storage of liquid fuels or hazardous materials in bulk
quantities?

e. Will the activity result in natural resource extraction, e.g., granite, limestone, coal,
lignite, oil, or gas?

f. Will the activity alter the viewshed of area residents or others?

5. Impacts to forestry, biodiversity, protected areas and endangered species

a. Is the site located adjacent to a protected area, national park, nature preserve, or wildlife
refuge?

b. Is the site located in or near threatened or endangered (T&E) species habitat? Is there a plan
for identifying T&E species during activity implementation? If T&E species are identified
during implementation, is there a formal process for halting work, avoiding impacts, and
notifying authorities?

c. Is the site located in a migratory bird flight or other animal migratory pathway?

d. Will the activity involve harvesting of non-timber forest products, e.g., mushrooms, medicinal
and aromatic plants (MAPs), herbs, or woody debris?

e. Will the activity involve tree removal or logging? If so, please describe.

6. Historic or cultural resources

a. Are there cultural or historic sites located at or near the site? If so, what is the distance from
these? What is the plan for avoiding disturbance or notifying authorities?

b. Are there unique ethnic or traditional cultures or values present in the site? If so, what is the
applicable preservation plan?

G. Further Analysis of Recommended Actions (if the applicable IEE requires the use of ERCs to
perform further analysis of recommended actions, then check the appropriate box below. If this
analysis is not required, then skip this and proceed with Section H. If required by the IEE, the ERC
shall be copied to the Bureau Environmental Officer (BEO)).
1. Categorical Exclusion: The activity is not likely to have an effect on the natural or physical
environment. No further environmental review is required.*
2. Negative Determination with Conditions: The activity does not have potentially significant
adverse environmental, health, or safety effects, but may contribute to minor impacts that can be
eliminated or adequately minimized by appropriate mitigation measures. EMMPs shall be developed,
approved by the Mission Environmental Officer (MEO) (and the BEO if required by the IEE) prior to
beginning the activity, incorporated into workplans, and then implemented. See Sections H and I
 below.*
3. Positive Determination: The activity has potentially significant adverse environmental effects
and requires further analysis of alternatives, solicitation of stakeholder input, and incorporation of
environmental considerations into activity design. A Scoping Statement must be prepared and be
submitted to the BEO for approval. Following BEO approval an Environmental Assessment (EA)
will be conducted. The activity may not be implemented until the BEO clears the final EA. For
activities related to the procurement, use, or training related to pesticides, a PERUSAP will be
prepared for BEO approval.
4. Activity Cancellation: The activity poses significant and unmitigable adverse environmental
effects. Adequate EMMPs cannot be developed to eliminate these effects and alternatives are not
feasible. The project is not recommended for funding.
*Note regarding applicability related to Pesticides (216.2(e): The exemptions of §216.2(b)(l) and
the categorical exclusions of §216.2(c)(2) such as technical assistance, education, and training are
not applicable to assistance for the procurement or use of pesticides.
H. EMMPs (Using the format provided below, or its equivalent, list the processes that comprise the
activity, then for each, identify impacts requiring further consideration, and for each impact describe
the mitigation and monitoring measures that will be implemented to avoid or adequately minimize the
impacts. All environment, health, and safety impacts requiring further consideration, which were
identified in Section F., should be addressed)

1. Activity-specific environmental mitigation plan (Upon request, the MEO may be able to
provide your project with example EMMPs that are specific to your activity.)

Processes Identified Do the Impacts Require Mitigation Measures Monitoring

Environmental Further Consideration? Indicators
Impacts
List all the A single process For each impact, indícate For each impact Specify indicators
processes that may have several Yes or No; if No, provide requiring further to (1) determine if
comprise the potential justification, e.g.,: consideration, describe mitigation is in
activity(s)(e.g. impacts—provide (1) There are no the mitigation place and (2)
asbestos roof a separate line applicable legal measures that will successful.
removal, for each. requirements including avoid or adequately
installation of permits or reporting and minimize the impact. For example,
toilets, (2) There is no relevant (If mitigation measures visual inspections
remove and community concern and are well-specified in for seepage
replace (3) Pollution prevention is the IEE, quote directly around pit latrine;
flooring) A not feasible or practical from IEE.) sedimentation at
line should and stream crossings,
be included (4) Does not pose a risk etc.)
for each because of low severity,
process. frequency, or duration
 2. Activity-specific monitoring plan

Monitoring Indicators Monitoring and Reporting Responsible Records

Frequency Parties Generated
Specify indicators to (1) For example: Separate parties If appropriate,
determine if mitigation is in place “Monitor weekly, and report in responsible for describe types of
and (2) successful (for example, quarterly reports. If XXX mitigation from records generated
visual inspections for seepage occurs, immediately inform those responsible by the mitigation,
around pit latrine; sedimentation USAID COR/AOR.” for reporting, monitoring, and
at stream crossings, etc.) whenever reporting process.
appropriate,

I. Certification of No Adverse or Significant Effects on the Environment

I, the undersigned, certify that activity-specific baseline conditions and applicable environmental
requirements have been properly assessed; environment, health, and safety impacts requiring further
consideration have been comprehensively identified; and that adverse impacts will be effectively
avoided or sufficiently minimized by proper implementation of the EMMP(s) in Section G. If new
impacts requiring further consideration are identified or new mitigation measures are needed, I will be
responsible for notifying the USAID COR/AOR, as soon as practicable. Upon completion of
activities, I will submit a Record of Compliance with Activity-Specific EMMPs using the format
provided in ERC Annex 1 or its equivalent.

_________________________________________ _____________________________
Implementer Project Director/COP Name Date

Implementer EIP

J. Approvals:

_________________________________________ _______________________________
USAID COR/AOR Name Date

_________________________________________ _______________________________
Mission Environmental Officer/CIL Name Date

Distribution: Project Files

RC ANNEX 1
RECORD OF COMPLIANCE WITH ACTIVITY-SPECIFIC
ENVIRONMENTAL MITIGATION AND MONITORING PLANS (EMMPs)

Subject: Site or Activity Name/Primary Project

Name/IEE DCN Number
To: COR/AOR/Activity Manager Name
Copy: Mission Environmental Officer Name
Date:

The [name of the implementing organization] has finalized its activities at the [site name] to [describe
activities and processes that were undertaken]. This memorandum is to certify that our organization has
met all conditions of the EMMPs for this activity. A summary of the how mitigation and monitoring
requirements were met is provided below.

1. Mobilization and Site Preparation

2. Activity Implementation Phase

3. Site Closure Phase

4. Activity Handover

Sincerely,

_________________________________________ ____________________________
Implementer Project Director/COP Name Date

Implementer EIP

Approved:

_____________________________________ ____________________________
USAID/COR/AOR/Activity Manager Name Date

MEO/CIL

Distribution:
x Project Files

x MEO
ANNEX 2 - Activity-Level Climate Risk Management Summary Table

Tasks / Climate Risks Risk Rating How Risks are Opportunities to

Defined or List key risks related to Low / Moderate Addressed Strengthen Climate
the defined / illustrative / Describe how risks have
Illustrative interventions identified High Resilience
been addressed in activity Describe any opportunities to
Intervention in the screening and design and/or additional achieve multiple development
s additional assessment. steps that will be taken in objectives by integrating climate
implementation. If you resilience or mitigation measures.
chose to accept the risk,
briefly explain why.

. .
ANNEX 3
Green Meeting Planning Checklist:
Setting Environmental Priorities
In this checklist, environmentally aware meetings and events are those planned in such a way as to eliminate, reduce, or recycle
waste. While focusing on municipal solid waste, this checklist also touches on other environmental concerns. It is intended to
heighten the environmental consciousness of event planners and demonstrate the advantages of conducting environmentally
aware events.

Consider the following as you select your environmental priorities:

Preventing and Reducing Waste

… Focus on reducing waste, given limited in-country recycling facilities
… Use double-sided printing, recycled content -where available- for promotional materials and handouts.
… Avoid mass distribution of handouts. Allow attendees to request copies or provide digital copies via CD, thumb drive,
or website.
… Provide reusable name badges.
… Purchase large volume plastic bottles of water to dispense into glasses at each table, instead of individual sized plastic
bottles
… Other actions: _________________________________________

Recycling and Managing Waste

… Where facilities exist, collect paper and recyclable beverage containers in meeting areas.
… Collect cardboard and paper in exhibit areas.
… Collect cardboard, beverage containers, steel cans, and plastics in food vending areas.
… Separate out organic waste for composting, Provide composting guidelines for conference venues
… If reusables are not used, encourage use of recyclable beverage containers.
… Other actions: _________________________________________

Conserving Energy and Reducing Traffic

… Seek naturally lighted meeting and exhibit spaces.
… Provide shuttle service from hotels to the event site.
… Choose meeting sites that have on-site housing
… Other actions: _________________________________________

Contracting Food Service and Lodging

… Plan food service needs carefully to avoid unnecessary waste.
… Consider use of durable food service items instead of disposables.
… Donate excess food to charitable organizations, including planning ahead via SOW/contract with the conference venue
to ensure this happens.
… Work with hotel on non-replacement of linens, soaps, etc.
… Other actions: _________________________________________

Buying Environmentally Aware Products

… Use recycled paper for promotional materials and handouts, where available.
… Consider selling or providing refillable containers for beverages.
… Provide reusable containers for handouts or samples (pocket or file folders, cloth bags).
… Where reusable items are not feasible, select products that are made from recovered materials and that also can be
recycled.
… Other actions: _________________________________________

Educating Participants and Exhibitors

… Request the use of recycled and recyclable handouts or giveaways.
… Request that unused items be collected for use at another event.
… Encourage participants to recycle materials at the event.
… Reward participation by communicating environmental savings achieved.
… Other actions: __________________________________________
(Checklist adopted from the US EPA guidance “It’s Easy Being Green! A Guide To Planning And Conducting Environmentally
Aware Meetings And Events”, EPA530-K-96-002, September 1996